An urgent need to set our priorities right

Hyderabad: The apparent paradigm shift in the Rashtriya Swayamsevak Sangh (RSS) on the issue of Hindu Rashtra, as could be inferred from the Vijayadashami address of its head, Mohan Bhagwat, is indeed incomprehensible for many. On the one hand, Bhagwat blows the trumpet of Hindu Rashtra; he also quotes the tenets of Sanatana Dharma with due emphasis on Sarva Dharma Sambhav, simply showing equal respect for all religions.

Considering the wavering stand of the mammoth Hindu organisation, a non-RSS but devout Hindu is left in the lurch. It is beyond any guess what exactly the stand of the RSS is on the contentious issue of Hindu Rashtra. While the BJP leadership, including that consisting of the government, may have political constraints to declare India, that is, Bharat, as the Hindu Rashtra officially, one fails to understand what limitations are there for the RSS to say firmly and in clear terms that the country is the Hindu Rashtra in all aspects, officially, practically, and politically.

Playing with words on the life and death issue of majority Hindus on the Hindu Rashtra by the head of the RSS will do more harm than good to the cause of Hindus. If the RSS stands for the Hindu Rashtra, let it advise or even direct its political organ, the BJP, to promulgate an ordinance to this effect at the earliest, notwithstanding the protests from some Opposition parties and the non-Hindu religious communities.

The right to life, even while considering it in the narrowest sense, is the basic human right of the citizens. When incidents of violent attacks on the majority Hindu population are taking place and the attackers, Jihadis, go scot-free, the high-sounding sermons to the oppressed Hindu population by leaders like Bhagwat act as salt, which causes more pain than relief. The laws forbid people to acquire and use weapons, which have rendered the law-abiding Hindu population just a soft target. The jihadis are armed and trained by terrorist groups in using arms against gullible Hindus. In such a situation, the moral and legal accountability of the pro-HHindutva government at the Centre as well as in the majority of States, assumes very high proportions. This is equally true in the case of other Hindu organisations, including the RSS and its different branches.

It is high time that the RSS makes it stand clear whether it is for declaring India that is Bharat as the Hindu Rashtra officially, socially, and politically, and if so, how soon that would happen. The BJP too should open its cards and inform people whether it supports the idea of the Hindu Rashtra officially, socially, and politically, and if so, how soon it is going to deliver the same.

After both these august organisations come out with their straight response, let the vast Hindu population decide the future course of action to protect itself and the ethos of Bharat.

* SC sets aside award of tender applying Wednesbury principal

A bench of Justices Bela M Trivedi and Satish Chandra Sharma of the Supreme Court on October 4 allowed an appeal and set aside the tender awarded to the respondent company.

Applying the Wednesbury principle of reasonableness, the court in a case titled Banshidhar Construction Pvt Ltd Vs Bharat Coking Coal Ltd and others observed that normally courts are not supposed to sit in appeal in cases such as award of tenders, but wherever there is arbitrariness and violation of natural law of justice, the court can certainly step in for the judicial review of the whole process of tendering.

Terming the tendering process as arbitrary and against the natural law of justice, besides violating Article 14, the bench observed: "... the government bodies/ instrumentalities are expected to act in absolutely fair, reasonable and transparent manner, particularly in the award of contracts for mega projects. Any element of arbitrariness or discrimination may lead to hampering of the entire project which would not be in the public interest."

The contention of the appellant was that he was wrongly disqualified from bidding.

Recording conversation in PS, no offence under Os Act

The Bombay High Court 's Aurangabad bench in an order dated September 29 has held that recording the conversation with the police in a police station does not attract the provisions of the Official Secrets Act, 1923.

Elaborating, the bench comprising Justices Vibha Kankanwadi and S G Chapalgaonkar dealing with the case titled, Subhash Rambhau Ahare and another Vs. State of Maharashtra and another wherein the petitioners were charged, inter alia, for spying for recording a threatening conversation in the police station , the court held that Section 3 of the Act which deals with the offences, does not include recording a conversation in the police station as an offence. Consequently, the court quashed the FIR.

Conviction U/s 138 NI Act, no offence of moral turpitude

The bench of Justice Sanjay Kumar Medha of Gauhati High Court while setting aside dismissal of an employee of a Tea Research Association has observed that the conviction under Section 138 of Negotiable Instruments Act for the dishonour of cheque does not involve the offence of moral turpitude. It is merely a civil wrong, he added.

Dealing with the case titled, Sachin Dutta Vs Union of India and others, the court in its judgment dated September 2 relied on a catena of citations from several high courts and the Supreme Court. The petitioner before the high court was awarded Rs 2 lakh fine and an imprisonment of six months. His appeals were dismissed. During the pendency of litigation, he remained unauthorisedly absent from duty for some time. The employer dismissed him from service without conducting enquiry solely on the ground he was convicted for the offence of cheque bouncing.

TG records highest case disposal in Lok Adalat

In the recently organised Lok Adalat Telangana recorded highest percentage in number of case disposal. Courts in Telangana disposed of 12 lakh cases and sanctioned compensation of Rs 200 crore, it is learnt.

South India expects sc bench as parting gift

from CJI

A round-table conference of the South India Advocates’ JAC on October 12 demanded a definite announcement from the outgoing Chief Justice of India Dr D Y Chandrachud that regional benches of the apex court will be established soon, including one at Hyderabad, for the southern region.

The SIAJAC has been agitating since several years for the regional benches of the Supreme Court. The agitation has borne positive response from the jurists, legal fraternity and political parties, including the BRS.

The president of the organisation S Nagender, addressing the gathering, said the establishment of regional benches will provide easy access to justice which will also be cost-effective.