Nation on the verge of disintegration!

Sadly, the avowed principles of freedom, liberty, unity and integrity enshrined in the Constitution of India are under a serious threat from the anti-national elements by whatever name we know them.

Going by the latest developments in different parts of the country, it seems crystal clear that the divisive and Jehadi forces are hell bound to create a situation of uncertainty, fear, violence and chaos. In the process, the man in the street of whatever religious or political belief he may be, will be the ultimate victim. For no fault of him, his life and property will be at stake. The leaders, both religious as well as political have nothing to lose because they are guarded by the impregnable cover of Y and Z security. Unfortunately, the blame game has at its peak. The forthcoming by elections and general elections for the certain State Assemblies and the parliament have obviously prompted the power hungry politicians with least concern for the man in the street to indulge in all illegal activities including provocating speeches, sheltering, funding and encouraging the die-hard criminals who perform the naked dance of violence, arson and destruction of public as well as private properties.

Still if the powers that be are blissfully ignorant about the explosive situation in the country or they pretend to be so, it is nothing but the misfortune of the peace-loving citizens of this great democracy.

Therefore, it is imperative upon the ruling clans both at the Centre as well as the State levels to take the clarion call of preserving the basic structure of the Constitution by rising to the challenges thrown open by the disintegrating forces, firmly and crushing ruthlessly any attempt to destroy the fabric of unity, integrity, liberty and equality of the people living in this country. It is, indeed the duties of religious and political leaders of all hues to ensure that the man in the street feels himself a free, happy and fearless person.

SC ISSUES NOTICE

IN BILKIS BANO CASE

A bench comprising Chief Justice of India N V Ramana, Justice Ajay Rastogi and Justice Vikram Nath ordered notice to the State government of Gujarat, the Centre and 11 convicts who have been granted remission in the case involving gang rape and murder.

Hearing the petition filed by CPI (M) MP Subhasini Ali, journalist Revati Laul and Prof Roop Rekha Verma against the grant of remission or premature release in terms of the policy applicable in the State of Gujarat, the bench made it clear that it is only concerned with the question if remission was in accordance with the parameters of law. The matter has been adjourned after two weeks.

MP HC REVERSES RAPE AND MURDER CONVICTION AFTER 10 YEARS

The Indore bench of Madhya Pradesh High Court has recently in a landmark judgment in Habu @ Sunil v/s The State of Madhya Pradesh reversed the conviction of a convict who was punished under Sections 379 and 302 IPC after 10 years of his conviction.

The court came down heavily upon the investigating agency for not utilising the scientific evidence available to it so as to make a full proof case against the accused, thereby living the court with no option but to acquit the convict.

Referring to the decision of the apex court in Tomaso Bruno and anr. v/s State of Uttar Pradesh, the bench opined that in a case where the prosecution has the best evidence available with them, but it withholds the same deliberately, its benefit has to be given to the accused.

Terming the investigation of the instant case as a farce, the bench directed the State to inquire into the matter and take necessary steps against the responsible officers who are guilty of dereliction of their duties.

SC ON TIME LIMIT TO COMMENCE ENQUIRY AFTER NOTICE

In a case titled Union of India v/s City Bank, a division bench of the Supreme Court comprising Justice B R Gavai and Justice P S Narasimha held that if a statute is silent about the time limit for commencing proceedings in a matter for which a notice is given to the concerned parties, then the proceedings must begin within a "Reasonable time". The court further clarified that what will be the reasonable time shall depend upon the fact and circumstances of each case.

In the case on hand, the show -cause notice was issued in the year 2002 about the monetary transactions during the year 1992-1993. The court further held that the issuance of the show-cause notice was after 10years of the year of monetary transaction i.e., 1992-1993, while the banks are required to preserve their records for 5-8 years only.

CHANGE OF BATON AT THE APEX COURT

The 48th Chief Justice of India, Nuthalapati Venkata Ramana retired on August 26 after serving the apex court for 16 months. Earlier CJI N V Ramana had served as a judge of the apex court since 2014. Prior to his elevation to the apex court he served as the Chief Justice of Delhi High Court, Acting Chief Justice of Andhra Pradesh High Court and as the President of the AP Judicial Academy.

Justice Ramana succeeded the Chief Justice S A Bobde. During his tenure at the top court, Justice Ramana has been part of 657 benches and authored 174 judgments. Notable among his judgments are one with Justice Surya Kanth in which it was held that the value of a woman's work at home was nothing less than that of her husband working in an office. In the Md. Anwar v/s State of NCT of Delhi case, a three-judge bench with Justice Ramana ruled that, to successfully claim defence of mental unsoundness in court, the accused would have to show that he suffered from a serious mental disease or infirmity that effected his/her ability to distinguish right from wrong. "Mere production of photocopy of an OPD card and statement of mother on an affidavit have little, if any, evidential value," the bench had held. Justice Ramana will also be remembered as the motive force behind bringing the International Arbitration and Mediation Centre at Hyderabad. Justice UU Lalit succeeds Justice Ramana.