Judiciary
the country has still not learnt to appreciate wholly the roles assigned by the Constitution to each institution. CJI Ramana was speaking at a felicitation organised by the Association of Indian Americans in San Francisco.
“It is the vigorously promoted ignorance among the general public which is coming to the aid of such forces whose only aim is to run down the only independent organ. i.e., the judiciary. Let me make it clear. We are answerable to the Constitution and Constitution alone,” He added that “to enforce checks and balances envisioned in the Constitution, we need to promote constitutional culture in India. We need to spread awareness about the roles and responsibilities of individuals and institutions. Democracy is all about participation”.
Ethos of Indian & American independence and Judiciary role.. answerable to constitution alone.. Inclusivity key.. https://youtube.com/ember/JXi72IWxdgI?startt=758&end==1068
Full speech: Speech starts at https://youtu.be/JXi72IWxdgI?t=85
"Parties Wrongly Believe that the judiciary should endorse their actions, and causes ...": Chief Justice NV Ramana On Judiciary https://www.youtube.com/watch?v=pXzdeeHAYRo Jul 3, 2022 Chief Justice of India NV Ramana on Saturday said people need to focus on issues that unite the country and not on those that divide it. "Inclusivity strengthens unity in society, which is key to peace and progress. We need to focus on issues that unite us. Not on those that divide us. In the 21st century, we cannot allow petty, narrow and divisive issues to dictate human and societal relationships. We have to rise above all the divisive issues to remain focused on human development. A non-inclusive approach is an invitation to disaster," Chief Justice Ramana said.
Hedges: Fascists in Our Midst https://scheerpost.com/2022/06/27/hedges-fascists-in-our-midst/ June 27, 2022
Supreme Court rulings, including the overturning of Roe v. Wade, herald the ascendancy of Christian fascism in the United States.
What the ideology demands is law. What the ideology opposes is a crime. Once a legal system is subservient to dogma an open society is impossible...In the end, even the liberal class will choose fascism over empowering the left-wing and organized labor. The only thing the ruling oligarchy truly cares about is unfettered exploitation and profit. They, like the industrialists in Nazi Germany, will happily make an alliance with the Christian fascists, no matter how bizarre and buffoonish, and embrace the blood sacrifices of the condemned.
Comments WM: (This article is )about the US; but India, beware!
oops, too late. we're more sophisticated. we have very liberal statutes, mainly; but we enforce the opposite
In What Discourse Can We Converse With the Heartless (quote from Varavara rao) : An Open Letter to the Chief Justice of India https://americankahani.com/perspectives/an-open-letter-to-the-chief-justice-of-india/ Sarita Pande A Concerned NRI Jun 26, 2022 Washington, D.C.
Do you believe in religious freedom for Christians, or do you believe in ‘ghar-vapasi’? Is India a Hindu Rashtra already? Encouraged by the judgment on Babri Masjid demolition, defacing and destroying mosques/dargahs/shrines to place Hindu idols has become commonplace. Gyanvapi Mosque, built 350 years ago by Mughal emperor Aurangzeb, is now partially sealed as directed by the Supreme Court. Qutub Minar, Taj Mahal, fascinating architectural marvels might now be dug up or converted into temples. Do you see and condone this genocide? Your Supreme Court refused to hear against Karnataka High Court’s verdict that prevents hijab-wearing girls from attending school. As Chief Justice of India, what is your message to these hijabi students?
I earnestly ask you, should I believe in the judiciary of India? Finally, do you also wonder, like Najeeb’s mother does, where Najeeb is? Or, who killed Judge Loya? Or, are these inconsequential questions?
Gauhar Raza - My Lord Aug 22, 2020 https://www.youtube.com/watch?v=UzPeluZMJc8
Stenographer for the Prosecution: The Bail Order in Umar Khalid’s Case Gautam Bhatia 24 March 2022 https://indconlawphil.wordpress.com/2022/03/24/stenographer-for-the-prosecution-the-bail-order-in-umar-khalids-case/ Also avaliable at https://thewire.in/law/umar-khalid-denied-bail-order-uapa-judiciary-stenographer-prosecution
a close reading of the sixty-one page long bail order, the denial of bail to Umar Khalid is based entirely upon an act of judicial stenography: the Court reproduces the statements in the chargesheet, refuses to examine them on their own terms, refuses to engage with the defence’s examination of them, and finally – and most importantly – fills in inferences of guilt where the prosecution’s case is vague or missing particulars.
The implications of this are both obvious and frightening. The bail order takes us to a position where the Prosecution can write literally anything in its UAPA chargesheet – vague, inconsistent, implausible, ex facie false, things that you would laugh at if someone presented them to you and tried to make your believe them – and we will have a bail order that will reproduce those statements, park all objections for a trial that will not finish for the next ten years, and ensure that people remain in jail all that time. This is the embodiment of a broken criminal justice system – broken not just by the UAPA and its language, but broken by judges who, somewhere in all this, seem to have forgotten the judicial role as being one that tempers and confronts State abuse.
The bail order takes us to a position where the prosecution can write literally anything in its UAPA chargesheet and the court will park all objections for a trial that will not finish for the next ten years.
These courts have pointed out that, given how strict the UAPA’s threshold requirement is for granting bail, it behoves the judge to subject the prosecution’s case (which is the only case that exists at the time of bail) to equally strict scrutiny: both on the necessity of factual evidence being concrete and specific, and on the question of whether the legal standard under the UAPA is made out.
Inquilab Zindabad slogan will stay relevant till people continue their struggle against diverse inequalities https://indianexpress.com/article/opinion/columns/the-idealism-behind-inquilab-zindabad-indian-freedom-struggle-umar-khalid-delhi-high-court-7941740/
S Irfan Habib writes: Now, it’s at the centre of a Delhi High Court deliberation which sought to know the context in which Umar Khalid, accused in the February 2020 riots in the Capital, used the term inquilab, with the judge saying that ‘revolution’ by itself “isn’t always bloodless”.
Bhagat Singh was even more definitive in his statement in the court on June 6, 1929. He said: “Revolution (Inquilab) is not a culture of bomb and pistol. Our meaning of revolution is to change the present conditions, which are based on manifest injustice.” Bhagat Singh agrees with a quote he cites in his prison diary, which says a radical revolution is not utopian, “What is utopian is the idea of a partial, an exclusively political revolution, which would leave the pillars of the house standing.”
The HSRA aimed at such a revolution (Inquilab) which would usher in a new era, demolishing the existing socio-economic and political structure of the Indian society. Their revolution was not for anarchy or lawlessness but for social justice.
Thus, we need to comprehend the meaning of Inquilab or revolution and the slogan Inquilab Zindabad in the context of its history. It will stay relevant till the people continue their struggle against diverse inequalities and oppressions.
Delhi HC Faults Umar Khalid's Remarks Against PM Modi Again https://thewire.in/rights/delhi-hc-faults-umar-khalids-remarks-against-pm-modi-again Hearing his bail plea, the court said that he 'could have used some other words' for the PM in his February 2020 speech while saying that a call for revolution need 'not [be] necessarily bloodless'.