Time up for declaring India as Hindu Rashtra!

Let this caption frighten the Jehadi Muslims and pseudo-secular people from all religions, creeds and language groups. Let this caption send tremors in Pakistan and Turkey. Let this caption induce chest-beating among Communist comrades.

In short, let the heaven fall, but today, this is the battle-cry by the mammoth majority of Hindus in this country, called Bharat that is, India.

As in these columns, we have firmly opined time and again that if people want a particular thing to materialise, they will have it. What the framers of the Constitution could not deliver in 1950 either knowingly or unknowingly, now the time has come to get it notwithstanding the Minorities apprehensions.

True, this is the true spirit of our Constitution. The majority voice has to prevail over the minority, be it even 50% to 49%. This is called democracy. Just as under the garb of the Constitution, the Tukde-Tukde gang supported by Jehadi elements has been demanding 'Azadi,' truly meaning secession from the country, likewise but not with similar intent, it is high time that the juggernaut rolls on the strife ridden country and sets right the unruly, anti-national and blood thirsty fanatics.

In fact, declaring India a Dharmashala for all and sundry after giving away 1/3rd of its territory to Muslim fanatics in 1947, the erstwhile leadership committed a Himalayan blunder and give a long rope to the anti-national elements thereafter. What was logically indeed needed after the partition was to declare the Hindu dominated India as the Hindu Rashtra.

On the other hand, dancing to the tunes of the vested interests, in 1976, the then Prime Minister Indira Gandhi inflicted yet another injury to the wounded Hindus by hurriedly incorporating the words, 'Secular and Socialist' in the preamble of the Constitution.

The Pan-Islamic dream of ruling the world is taking heavy toll of humanity. Therefore, not only in India but all over the world, a new radical line of thought is gaining currency. According to this new dispensation, fanatic Muslims would be paid back in the same coin. Hence, nothing can prevent India to officially declare our country as the Hindu Rashtra.

It is as simple as it was declared a secular and socialist country through 42 nd Constitutional Amendment whereby these two words were hurriedly inserted when the entire opposition clan was in prisons during the draconian Emergency period.

Now what needs to be done is just to introduce a Constitutional Amendment Bill whereby the word 'Secular' inserted in the Preamble of the Constitution of India during the Emergency should be dropped and in its place, a loud and clear declaration that India is a Hindu Rashtra and it shall be ruled by the principles and traditions of the Hindu religion, should be incorporated. Needless to say that instead of having the piecemeal approach to the problem, a bold and solid action like this is preferable.

Instead of dying every day by the threats of violence and arson from traitors and fanatics, it is always desirable to face such threats and have a show down to put a full stop to the nuisance. This is the need of the hour and if we failed to stand up to the situation now, our future generations will not pardon us.

Happily, Dr. Sambit Patra, the BJP national spokesman and a Member of Parliament seems to have given the mind of the ruling party when he said:" the time has come to call spade a spade" while addressing the Legal and Legislative Committee of the BJP at Hyderabad on March 5. This curt expression of a ruling party big-wig conveys a lot if one tries to read between the lines.

Statutory provisions for acquiring land

The Division Bench of the apex court comprising J Sanjay Kishan Goud and J K M Joseph observed that though the State has the right to acquire land under the Land Acquisition Act, it is obliged to follow the provisions of the relevant law for such acquisition.

"....even though rights in land are no more a fundamental right, still it remains a constitutional right under Article 300A of The Constitution of India... it is also settled law that following the procedure of section 4(1) of the Land Acquisition Act, 1894 is mandatory, and unless that notice is given in accordance with the provisions contained therein, the entire acquisition proceedings would be vitiated.

An entry into the premises based on such non-compliance would result in the entry being unlawful. The law being ex-proprietary in character, the same is required to be strictly followed."

The court's observation came in D.B Basnet(D) v/s The Collector in Civil Appeal no. 196/2011.

SC on Motor Vehicle Insurance claim

The Division bench comprising J Naveen Sinha and J Krishna Murari in the judgment delivered in Nirmala Kothari v/s United India Insurance Company Ltd. has held that the insurance company cannot repudiate the claim of a vehicle owner merely because the driver was possessing fake driving licence.

The court added that onus of proving that the insured did not take adequate care and caution to verify the genuineness of the license or was guilty of wilful breach of the conditions of the insurance policy or the contract of insurance lies on the insurer.

Relying on the judgment in United India Insurance Company Ltd. V/s Lehru and Others, wherein it was held that the Insurance Company cannot be permitted to avoid its liability on the ground that the person driving the vehicle at the time of the accident was not duly licensed.

However, the court clarified that if the Insurance Company is able to prove that the owner/Insured was aware or had notice that the license was fake or invalid and still permitted the person to drive, the Insurance Company would no longer continue to be liable.

Anticipatory bail

In an important judgment delivered by a five-Judge bench, the Allahabad High Court has held that under special circumstances, a person apprehending arrest may approach the High Court directly seeking Anticipatory bail, without approaching the Sessions Court first.

This decision has been rendered unanimously by the five-judges bench comprising C J Govind mathur, J Ramesh Sinha, J Sunita Agarwal, J Yashwanth Verma and J Rahul Chaturvedi, while answering a reference made by a Single Judge of the High Court in Vinod Kumar v/s State of U.P and another, 2019 (12) ADJ 495.

However the bench observed that strong, cogent, compelling and special circumstances must necessarily be found to approach the High Court first without adjusting the remedy available before the court of sessions.

TS-HC first HC to caution about covid-19

The Telangana High Court probably is the first high court in the country to have issued a circular giving guidelines to its subordinate courts on how to deal with Covid 19 epidemic.

In circular ROC No. 394/50/2020 dated 4-3-2020, the Registrar General A Venkateswara Reddy has asked all the unit heads in the State " to take all necessary steps required forsanitation in the Court premises, provide sanitizers, soaps in the toilets in the premises, also take necessary steps to keep hygiene and for providing masks to all the officers, staff, litigants etc; visiting the courts."

The High Court has also instructed the subordinate courts not to insist the presence of the parties, accused and production of the accused from the Jails and to take all necessary steps to reduce the footfall in the Court premises and not to pass any adverse orders against the parties/accused, who remained absent for the time being.