Legal Circles dt.15-10-2023

SUPPORT TO HAMAS IS SUPPORT TO TERRORISM !

Once again it is proved beyond doubt that Jihadism is nothing but a synonym of terrorism. On October 7 the whole world witnessed the barbaric violence lashed out by Hamas , a Jihadi outfit of Palestine when it waged an undeclared war on Israel and attacked the latter from road, water and air without any immediate provocation. Hamas terrorists not only targetted civilian habitats but also indulged in the most dastardly acts like killing, abducting and raping the innocent civilians including children.

That is why there has been an all-round expression of anguish against the Hamas and likes which have shown no remorse for the satanic aggression on Israel.

Have a look at the countries that have extended support to Hamas. Iran, Lebanon ,Turkey, Pakistan, Syria, Iraq, Qatar , Jordan and what not. In short, almost the whole Islamic block has stood behind Hamas. On the other hand, about 85 peace loving countries such as U.S.A, India, European Union, Australia, Japan, South Korea etc; have stood behind Israel. Some self proclaimed intellectuals are trying to distinguish between Hamas and Palestine; and give a clean chit to Palestine. But they conveniently forget that the first terrorist State in the world is Palestine. Yasser Arafat, the first international terrorist was given the Nehru Peace Award and a hefty booty of Rs.1 crore, way back some five decades ago by the Indira Gandhi led government. Besides recognising Palestine as an independent country, she had also gifted an aeroplane and awarded the Honorary degree of Doctorate from the Osmania University to the most dreaded terrorist of the day ! Subsequently, Atal Behari Vajpayee too, was befooled to grant the said terrorist a VVIP treatment for the reasons not known. Hamas is nothing but a splinter group of Palestine and is no different than the parent organisation.

The victim nation, Israel has without mincing words made it clear that it will teach the Palestine and Hamas a befitting lesson which they will not forget for years to come. It has also said that it will change the geography of the whole middle east.

True, any nation has an inherent right to protect and preserve its sovereignty. Israel' s retaliation against Hamas and its supporters is the inherent right of Israel. And backed by most of the world if Israel annexes Palestine and other terrorist Islamic countries, there is nothing wrong and no one should shed a tear for the loss of life and property of such terrorist nations.

We have to learn a lot from the Israel case. It is a tiny country surrounded by Jihadi and terrorist Islamic countries. Barring a few, most of these countries nurture hate and pure hate for non-islamic countries. A cursory look at the recent history proves this conclusion. Pakistan which housed Osama Bin Laden went on telling lies to the world that the ace terrorist was not in Pakistan until he was killed in Abottabad of Pakistan by the U.S forces. Not only that, Pakistan also collected huge sums running into billions of dollars from the U.S.A under the pretext of taking measures to curb terrorism in Pakistan while it was using the same U.S.A money for funding the terrorist groups.

The long and short of the story is, never trust the Jihadi and terrorist nations. Also never trust the so -called, Vafadars i.e patriots living in the country. We have seen the kind of statements issued by the so-called, Vafadars, that have come on the social media platforms. Just like, Godhra episode where they showed the criminal Jihadi elements as victims, in case of Israel also, the barbarians of Hamas are painted as victims! They have no word of sympathy for the victims of Hamas inflicted violence .

The morale of the story is, a Muslim offender is an innocent person irrespective of the crimes he commits and deserves full sympathy and support from other Muslims, while a non -muslim is never right, even when he faces death, and therefore, deserves not only hatred and insults and brutal attacks during his life time but also urination on his dead body, as some videos of Israel episode show !

Let's see how soon the history is re-written! If it is not done now, soon the Hindu dominated Bharat will have to face similar situation as the Israel is facing today.

* SC STANDS FOR THE BABY IN WOMB !

The Supreme Court of India added one more feather in its crown on October 12 when it played the good Samaritan by standing in support of a baby yet to be born.

The case involved of a woman who claiming some psychological problems sought permission of the apex court for termination of 26 week pregnancy. The doctors panel had clearly stated in their report submitted to the court that the heart beats of the baby in the womb had begun and after a couple of weeks more, it is possible to have normal delivery.

When the Counsel for the petitioner insisted for the order of medical termination of pregnancy, the Court pointedly asked as to what the petitioner was doing for the whole 26 weeks of pregnancy. The Court also stated that the baby in the womb is not represented by any Counsel while the mother -petitioner and the State are having their own Counsels to submit their respective view points. The larger bench comprising the Chief Justice of India D.Y Chandrachud, Justice J.B Pardiwala and Justice Manoj Misra directed the 27 years old petitioner, mother of two sons to appear before the Medical Board for further evaluation.

* JUSTICE DELAYED BUT NOT DENIED !

In a case proving the saying, justice delayed but not denied, the Supreme Court recently directed the Postal Department to appoint a man, presently aged 50 years, to the post of Postal Assistant for which he applied in the year 1995.

"If the candidature is not rejected at the threshold and the candidate is allowed to participate in the selection process, he does have a limited right of being accorded fair treatment," Court held.

This was after the Supreme Court found that the Department was in error in holding the man ineligible for the post. Though the man, named Ankur Gupta, was placed in the merit list of candidates for the post and was selected for pre-induction training, he was later excluded. The reason for the exclusion was that he completed 10+2 education from the "vocational stream. Exercising its power under Art. 142 of the Constitution of India, the apex court also directed the government employer to sanction terminal benefits to the petitioner upon his retirement though he will be falling short of the qualifying period of service.

* PHONE TAPPING VIOLATES PRIVACY : C'GARH-HC

The Chhattisgarh High Court has held that recording telephonic conversation without the knowledge and permission of the person concerned violates the ‘right to privacy’ under Article 21 of the Constitution.

While quashing an order which allowed use of such recording as evidence, the Court held,

“…it appears that the respondent has recorded the conversation of the petitioner without her knowledge behind her back which amounts to violation of her right to privacy and also the right of the petitioner guaranteed under Article 21 of the Constitution of India.”

An application under Section 125 of the CrPC was filed by the petitioner (wife) for grant of maintenance, which stands pending before the Family Court, Mahasamund since 2019. The petitioner led her evidence and thereafter, the case was fixed for examination of the witnesses and production of documents.

Respondent - husband moved an application under Section 311 of the CrPC along with a certificate under Section 65-B of the Indian Evidence Act for re-examination of the petitioner on the ground that a conversation of the petitioner was recorded on his mobile phone and he wants to cross-examine her confronting with the said conversation.

The trial Court allowed the said application. Being aggrieved by the said order, the petitioner approached the High Court with a prayer to set aside the same as that would tantamount to violation of her right to privacy.