The Moot Question: How Shall We Retain Our Identity As Hindus!

Hyderabad: There are questions and questions about the future of the Sanatani Hindus in India as well as abroad. The Hindu population has become most vulnerable community. The increasing violence on Hindus is certainly not in isolation, but an outcome of pre-meditated design. The enemies of Hindus within the country and abroad are hell-bent upon causing the maximum damage.

It is trite to note that the systematic genocide of Hindus has started since last eight decades. Even before the Partition the script of Hindu genocide was written and implemented. The senseless adherence to secularism by the Congress and Left-oriented governments after independence has caused much heart-burning among the vast Hindu majority. Unfortunately, the constitution is silent on plebiscite, rather it is done so to throttle the Hindus’ voice for declaring the country as Hindu Rashtra officially.

In a desperate attempt to secure Hindu Rashtra, the voters returned the BJP to power in 2014 and again in 2019 with an increased seat share. But the people's hope was bellied by the BJP and its allies. The issue of Ram temple in Ayodhya was included in the election manifesto of the BJP, but there was no mention of Hindu Rashtra. People felt cheated by the so-called Hindu party, the BJP. Therefore, in the recently concluded general elections, they did not show much interest in the BJP and allied parties.

It is, indeed, surprising to note that in the review meetings after the general elections, the BJP has churned out the narrative that the electoral losses were due to other fringe reasons such as unemployment, lower incomes of people. But now the Hindu voters have clearly understood that the BJP, instead of side-tracking the main issue of Hindu Rashtra, has been indulging in polemic.

Thus, it is quite clear that the BJP or other so-called, Hindu-oriented parties cannot protect the Hindu population in times of need, leave alone Hindu Rashtra. That compels us to search other options. In fact, there are many. To start with, advocates of Hindu Rashtra in Parliament as well as Assemblies should break away from the BJP and sit as a separate block with the agenda of Hindu Rashtra. Second, if this does not happen for any reasons, let the like-minded parties contest all elections with the sole agenda of Hindu Rashtra.

Third, let the Hindu Rakshak Dal be constituted with the leadership of ex-defence and security personnel. The members of such dal should be imparted training in self-defence and using arms. It is totally illogical that the constitution grants the right of self-defence without liberally granting arms licences. Fourth, let the Hindus change their mentality of lavishly spending on religious festivities and ‘jagarans’, and instead spend their resources on maintaining the Hindu Rakshak Dal or a similar organisation committed to the cause of Hindu Rashtra.

EXCESSIVE BAIL CONDITIONS IS NO BAIL, REITERATES SC

Once again, the Supreme Court has come down heavily on courts imposing excessive conditions while granting bail to the accused.

In a judgment delivered on August 22, a bench comprising Justices B R Gavai and K V Viswanathan held that granting bail with excessive conditions is like taking away with left hand what is given with the right. The bench, relying on Moti Ram Vs. State of Uttar Pradesh and Others and a catena of other case laws, held that the courts ought to maintain a balance between Article 21 and ensuring the attendance of the accused .

The court, dealing with the writ petition (criminal) in the case titled Girish Gandhi Vs. State of Madhya Pradesh, made it clear that courts should not insist on furnishing local sureties as a stipulation for granting bail. The petitioner in the case was facing 13 criminal cases in different States. He was able to provide sureties in two cases, but expressed his inability to do so in the remaining cases as the condition of local sureties could not be complied with. The apex court directed that the sureties furnished in two cases should also be accepted as sureties in rest of the 11 cases.

CHEQUE DISHONOUR CASE CAN BE COMPOUNDED EVEN AFTER CONVICTION: HP HC

In a case titled, Satvir Singh Vs. Rajesh Pathania, the Himachal Pradesh High Court reiterated the earlier verdict of the apex court which held that a case filed under Section 138 of the Negotiable Instruments Act, 1881, can be compounded even after the conviction of the accused.

Justice Sandeep Sharma in his Judgment dated July 19 cited the case law laid down by the Supreme Court and some of the HCs and observed that Section 147 of the NI Act permits such compounding.

DATE OF BIRTH CANNOT BE CORRECTED AFTER A LONG SPAN OF SERVICE: KARNATAKA HC

Dismissing a case for the correction of the date of birth of the petitioner two years after retirement, Justice M G S Kamal of the Karnataka High Court said the petitioner had failed to avail the remedy at the first instance and now two years after his retirement he has approached the court, which is unacceptable.

The court, in its Judgment dated July 23, in Guddappa Ningappa Kolaji Vs. Management of Grasim Industries, relied upon the SC citation in Bharat Coking Coal Ltd and Others. Vs. Shyam Kishore Singh. In that judgment the apex court has held that the application for the change of the date of birth cannot be entertained after a long span of time.

In the instant case, the petitioner was appointed as Pulp Drawing Processor on October 1,1983. At that time he had given his date of birth as March10,1948. This date was also recorded in his Employee Provident Fund Account. He retired on March 9, 2006 after completing 58 years. Two years after retirement he applied to the Labour court to change his date of birth as March 30,1952 and either reinstate in service or grant monetary benefits. His plea was rejected, following which he approached the high court. The main plea advanced by the petitioner in the HC was that he was unaware of the real date of birth and two years after retirement he came to know about it. However, the HC was not convinced of this argument and dismissed the petition relying on the apex court 's judgment.

DISCIPLINARY INQUIRY VIOLATED NATURAL LAW OF JUSTICE: TELANGANA HC

Justice T Madhavi Devi of the Telangana High Court in a judgment on service matter wherein a subordinate employee of the State Insurance department was removed for unauthorised absence, held that the disciplinary inquiry violated the natural law of justice. In the case titled P Satyanarayan Vs. Principal Secretary, Finance and Planning, Government of Telangana and others, the court directed the respondents to reinstate the petitioner and pay the arrears of salary for the period he had worked. The respondents had expressed doubts about the genuineness of the medical certificate produced by the petitioner. The court directed the respondents to confirm the genuineness of the medical certificate and if it were to be found true, pay the petitioner for the period of his illness, as per rules. The court also asked the respondents to take a decision on the application of the petitioner seeking retirement.

ROUND TABLE CONFERENCE OF TG ADVOCATES DEMANDS ADVOCATES ' PROTECTION ACT

A round table conference of advocates of Telangana was held on August 24 at Hyderabad. The event was organised by the City Civil Court Advocates’ Association. Practising bar leaders from all parts of the State participated. The representatives of the State Bar Council also took part in deliberations. The conference demanded enactment of the Advocates ' Protection Act at the earliest. Considering the incidents of physical attacks on the legal fraternity, some States, such as Rajasthan and Karnataka, have already enacted laws to provide statutory protection to advocates. The Central government too, introduced in 2021 a Bill towards this end.