Criminals and anti-nationals don't deserve sympathy

Update: 2020-03-16 02:50 IST

The Uttar Pradesh government has dared to take the bull by the horns in passing the ordinance to recover damage to public and private properties in any violent protest or demonstration.

'The Uttar Pradesh Recovery of Damage to Public and Private Property Ordinance, 2020' promulgated on March 13 provides legitimacy to the coercive methods of the government to recover from the criminals and anti-nationals the amount of loss caused by them during violent protest, to the public and private property.

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Following the Allahabad High Court's order for removal of hoardings put up in Lucknow featuring the names, pictures and addresses of anti-CAA protesters who were booked for the violent protests against the Citizenship Law on December 19 last year, the State government has appealed to the apex court, which in turn, has referred the matter to a larger bench.

Now, with this Ordinance, the way has been cleared for the State government to tighten the noose around miscreants who blatantly indulge in destroying the private and public properties during riots or demonstrations.

True, the courts go by the rule book and hardly take into account the popular sentiment while deciding a case. However, the judiciary ought not to be too insensitive that it can completely ignore the national interest in the name of rule of law.

Unfortunately, in our country there seems to be no definite pattern to deal with the sensitive issues and courts, including the higher courts, are either pressurised or misguided by the powerful lobbies.

Be it a case of Yakub Memon, the condemned gangster, for whose sake the apex court was made to burn the midnight oil or be it the suo motu cognizance of the alleged man handling of Tukde-Tukde gang's leaders by some lawyers in Delhi, the Supreme Court has set the bad precedents which are certainly not befitting to its past glory and high reputation.

The same is true in the case of recent Allahabad High Court's verdict which objected to the naming and shaming of the criminals and anti-nationals. Legal technicalities apart, the spirit of the Constitution of India unequivocally mandates every Constitutional authority to ensure that not only the personal freedom, liberty and privacy of its citizens are protected but also the overall national interests of the country.

In fact, the national interests are of paramount importance than individual freedom, privacy, etc. When there is a conflict between these two, certainly the national interest must be preferred.

In the name of Azadi and freedom of expression, there is no need to give a long rope to the criminals and anti-nationals. All laws should aim at strengthening the national fabric and fostering unity and anyone who goes against national interest or nurtures a dream to divide India in the name of region, religion or language should be shunned by the people in authority including those occupying the august positions in judiciary.

Hope, Parliament too, would emulate the Uttar Pradesh model and pass similar legislation to deter the miscreants from taking law in their hands. Certainly, such elements need to be tackled with an iron fist and exemplary punishment if India as a one country has to survive.

Advocates not to be brought under CP ACT

Responding to the letters sent by the Chairman, Bar Council of India, Bar Council of Delhi, Union Minister for Consumer Affairs, Ram Vilas Paswan, has clarified on Twitter that there was no proposal to include advocates under the Consumer Protection Act, 2019.

Thus, the acrimony between the Bar and the government has finally ended in a cordial manner.

SC surrenders to covid-19

In a situation what may be termed as 'unique,' the apex court on March 13 decided that it would take up only urgent matters from March 16, after the short break of Holi festival and dates in routine matters will be given by the Court Masters before the court assembles.

The meeting presided over by the Chief Justice of India decided to hear only urgent matters by such number of benches as may be found appropriate.

Delhi High Court too has decided in a similar manner and also asked all the district courts of Delhi to accommodate all parties/witnesses/advocates seeking adjournment 'favourably' in all matters including criminal matters.

10 years jail for ex-BJP MLA

The Tees Hazari Court in Delhi sentenced the expelled BJP MLA Kuldeep Singh Sengar and six others in Unnao Case, guilty of culpable homicide not amounting to murder, to 10years imprisonment under section 304 IPC and 5years imprisonment for criminal conspiracy under section 120B of IPC.

Sengar, currently in Tehar Jail serving life sentence in the Rape case, and his brother Atul Sengar have also been asked to pay 10 lakh rupees each as compensation to the victim's family.

This Augurs well for the speedy disposal of heinous crimes like rape, murder, etc. The present judgment would send the warning signals to all the criminal elements in the country.

TSHC cracks whip on polluting plastic units

The Telangana High Court came down heavily on the hundreds of plastic units operating in Kattedan Industrial area near Hyderabad and asked the authorities to shut down all such units which were operating without clearance from the Pollution Control Board (PCB).

A Division bench comprising Chief Justice R S Chauhan and Justice Abhishek Reddy, while hearing a plea filed by residents of Shastripuram, said that officials of the GHMC and PCB remained 'mute spectators' as illegal plastic units mushroomed in the area.

The court added that it will personally monitor the closure of polluting industries and posted the matter to April 7 for submission of the action taken report. Thanks to the judiciary which has shaken the authorities from the decades of slumber. Many of the illegal plastic units deal in single use plastic and PVC pipes.

The thick smoke of plastic waste burnt at the street corners pollutes the air and poses health hazard besides polluting the ground water in the region. But for the intervention of the High Court, the show of minting money through illegal gratification could have gone on eternally.

Summer dress code for advocates

The Bar Council for the State of Telangana through a circular has relaxed the requirement of wearing black coat and gown for the advocates practicing in the lower courts during the summer period from March 15 to July 15.

Accordingly, the lawyers may appear with black or grey pant and white shirt with black tie or white band or collar during summer period in all courts except the High Court.

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