Hooliganism under the garb of religious freedom

What the nation witnessed in some States on Friday, the June 10 was nothing but an oft repeated naked dance of hooliganism and barbarianism in the name of religious sentiments which were 'hurt' by a matter of fact uttered on television. The nation also witnessed, albeit in anguish, the ' helplessness' of the mighty governmental machinery!

In the melee, obviously, the pride of the majority Hindus is ruthlessly mutilated and crushed. It all happens in the name of secularism and religious freedom which our Constitution guarantees to everyone. Experience confirms that the advantage of these two Constitutional provisions has been mostly availed by the Muslims and Christians, who have been nourished by the vested interests. Of late, to this list, once again the fringe group of Khalistanis has found its way. And one common pattern is discernible among these three musketeers is break India by hook or by crook. The acts of terrorism, extremism and jihadiism are just a tool-kit for these anti- national elements.

Indeed, in a civilised society wedded to the principles of equality, liberty and sovereignty all people, small or big irrespective of their gender, place of living, religion, financial and social standing, equally enjoy the fundamental rights. If someone's rights are breached either by a private person or by any government, then the proper course of action is to take the legal route. Indulgence in violence is nothing but a clear case of legal hypocrisy. Obviously, two wrongs do not make one right.

At the same time let us not forget that there is a limit to everything. The past may be full of victories, but it is no guarantee for the present and the future. The people in power may have some constraints in coming down heavily on the criminals and anti- national elements masquerading as the religious zealots but the man in the street does not have any constraints. If his life and property are threatened, he too knows how to protect them. And if he is driven to the wall by sheer circumstances, the reaction of such a man in the street will be beyond imagination. In other words, utter chaos leading to the civil war like situation cannot be ruled out. Hence, let noble thoughts guide all the stakeholders.

SC ON CHILD CUSTODY MATTERS

Charting a new course of approach in the matter of granting the custody of a child in guardianship matters, a bench comprising Justice M R Shah and Justice Aniruddha Bose of the Supreme Court observed that income, age, bigger family cannot be the sole criteria to tilt balance in child custody cases.

Delivering the judgment in Swamynathan Kunchu Acharya v/s State of Gujarat, the apex court observed that there cannot be any presumption about the better financial capability of the maternal aunt being unmarried and having an independent income, younger than the paternal grandparents besides having a bigger family, in the matter of giving child custody, and added that in our society still the paternal grandparents would always take better care of their grandchildren.

Therefore, 'one should not doubt the capacity and/or ability of the paternal grandparents to take care of their grandson. It is said that the grandparents love the interest rather than the principal', the bench headed.

In the result the apex court set aside the High Court Order, making the present order operative subject to the final outcome of the proceedings u/s 7 of the Guardians and Wards Act, which is pending before the competent court.

GPA NOT COMPETENT TO INVOKE HC JURISDICTION ON BEHALF OF ACCUSED

A single-judge bench of Justice M Nagaprasanna of the Karnataka High Court has held that power of attorney holder of an accused cannot maintain a petition under Article 226 or 227 of the Constitution of India or Criminal petition u/s 482 of Cr.P.C.

The above finding was delivered by the court in the case titled Samantha Christina Delfina Willis & another v/s State of Karnataka and others.

Dealing with the facts, the court observed 'the power of attorney appended to the petition is executed at Bangalore, but signed by the executants before the notary at London. There is no averment in the entire petition that the said power of attorney holder if aware of the facts of the case.'

The bench also referred to the judgment of the Delhi High Court in the case of Amrinder Singh v/s State of NCT of Delhi, where it was held that an accused cannot take recourse to a third party, such as a power of attorney holder to represent him in criminal proceedings.

HARASSED ADVOCATE SELF IMMOLATES

An advocate, Hansraj Mawaliya of Sikar (Rajasthan) died on June 9 due to ghastly act of self immolation inside the office of the Sub-divisional Magistrate.

In his suicide note the advocate has alleged that Sub-divisional Magistrate Rakesh Kumar and Khandela Station House Officer (SHO) Ghasi Ram Meena had been harassing him for bribe for every hearing in the court.

The late advocate also alleged that the concerned SHO was threatening him for speaking anything against the SDM. Pursuant to this tragic development, the Rajasthan High Court Bar Association at Jaipur has condemned the incident and demanded from the State government to suspend and arrest the concerned officers with immediate effect. The Bar Association has also requested the members of the Bar to voluntarily refrain from any judicial work in order to pay tribute to the deceased advocate.

KUDOS TO THIS 'HARD WORKING' HC JUDGES

Deviating from the normal working hours for the judges at the normal working hour which are from 10.30 am to 4.30 pm, a Senior Judge, Justice S S Shine along with Justice M N Jadhav sat till 8 pm on June 9, thereby hearing over 190 cases out of the 206 cases listed before it. Incidentally, Justice Shinde has been one of the judges recommended by the Supreme Court collegiums for elevation as a Chief Justice.

Indeed, the 61-year-old Justice S S Shinde deserves a pat on the back especially at a time when the judiciary has been overburdened with a frightening number of pending cases.