New Delhi: Senior legal experts yesterday denounced the Delhi High Court’s remarks on nationalism and love for the nation while granting bail to JNU student leader Kanhaiya Kumar.
Judge Pratibha Rani’s observations are a part of a judicial trend which needs to be curbed right away, leading advocates said, with one dubbing them “totally uncalled for, unwarranted and unfortunate”.
Senior lawyers said the judge appeared to be broadly espousing the official line on the events at the Jawaharlal Nehru University (JNU) where Kanhaiya Kumar was arrested on February 12 on charges of sedition.
He was accused of raising anti-India slogans at a meeting organised to mark the execution of parliament attack convict Afzal Guru, a militant from Jammu and Kashmir. Kanhaiya Kumar has repeatedly denied the charge.
The high court judge, while granting six-month interim bail to Kanhaiya Kumar, reminded him his fundamental duties, love for the country, nationalism and the sacrifices soldiers were making and the demoralizing effect that anti-India slogans had on the families of martyrs.
Pointing out that the observations had been lapped up by government circles and right-wing groups, activist-lawyer Prashant Bhushan told reporters: “It is a political rather than a legal judgement.”
“The judge has no business to expound on nationalism or anti-nationalism which is not an offence under the law.”
He added: “Nationalism is not defined anywhere and is not a ground on which freedom of speech can be restricted.”
“By expounding on this issue, the judge seems to have played into the hands of those who are using this as a political weapon to drum up fascist hysteria in this country.”
Echoing Bhushan’s sentiments, Supreme Court Bar Association president and senior counsel Dushyant Dave described the observations as “totally uncalled for, unwarranted and unfortunate”.
He added: “Judges must stay away from political debate.”
Saying Kanhaiya Kumar deserved unconditional bail, Dave said: “Nationalism is not a part of judges’ function to write about. They must confine to law and not emotive issues.”
Former Delhi High Court judge Rupinder Singh Sodhi said that making loose observations was an unfortunate trend that the judiciary was adopting. “I think this trend has to stop now and immediately.”
Justice Sodhi, also a senior lawyer in the Supreme Court, says granting interim bail had no legal precedent.
“All bails are interim in nature and can be cancelled at any time. Ordinarily, an interim bail is granted to fulfill an extreme social obligation which the court can always accommodate. As a rule, bail can either be granted or dismissed.”
Another leading lawyer who did not wish to be identified by name said that while attempting to define nationalism in a pluralistic society, the judge seemed to have overstepped her judicial limits.
“Her observations are symptomatic of all that ails Indian judiciary and deserve to be expunged.” (Parmod Kumar, IANS)
Sep 16, 2017: With the help of media propaganda and public opinion manufacturers, JNU has become an epitome of left politics – Viciously nurturing the anti-India ideologies and placing them into state establishment through their sympathizers.
They hate a lot of things that are Indian or having Indian identities. Their perpetual anathema is cleverly placed with covert name of ‘dissent’. It would be interesting to know, how they instill a failed and violent ideology like Marxism through inroads of hate.
Before 93rd amendment for OBC quota in higher education, JNU had very progressive admission policy with weightage number for backward districts, castes and also for women. Though these deprivation points still exist, but since half of admission is done on caste lines, these points are less relevant now. Owing to its admission policy and standard entrance exam, JNU has been providing excellent higher education opportunity for the students from remote rural areas at par with metro educated students.
Ironically, left parties with help of communist faculty members also exploit this opportunity as they get fresh cadres who could easily get disconnected caused by the language difficulties, cultural shock and administrative difficulties. A person with deeply rooted Indian value system won’t accept valueless violent ideology of Marx. Brainwashing such person is not easy. Hence the process of indoctrination begins with very first day of admission at JNU.
Earlier, admission process in JNU was cumbersome and lengthy. Comrades used to catch new comers in the name of admission assistance. Now, this opportunity is lost as there is single window admission process is adopted by JNU administration. Another step to trap the new comers is artificial scarcity of hostel. You are on their mercy of ‘these seniors’ who offer you to stay with them. And sometimes 6-7 students stay in 10-by-15 hostel rooms. More freshers in one comrade’s room means more problem, hence more opportunity to brainwash them.
First stage of abomination start with inciting new-comers to hate individuals including hating own self. This hate is designed to suit the social conflict theory of communism. If you are a general category student, you must hate yourself for being born in ‘upper caste’ and must accept it wholeheartedly than only you would be ‘ready’ to abuse political opponents on caste line.
If you are from OBC-SC-ST and Minority, you must hate those ‘upper caste’ guys living with you in the same campus, no matter they’re even poorer or more deprived than you. Irrespective of rationality and humanity, you must hate them; because they’re born in bourgeoisie castes, and you should assume yourself as proletariat, even if you are richer and dominate than most of them. This hate is mandatory. Selective crimes are extrapolated to justify it. Incidents like Khailanji, where Dalits were burned alive, are used to consolidate this hate. But details of culprits are purposefully hidden and ignored as they don’t belong to ‘general caste’ and this may derail the hate direction.
Minority students have to hate Hindu co-students as per the conditioning of the leftist mentors. Hindus are blamed for their all problems. OBC-SC-STs are encouraged to hate Hinduism too. If there are complacent with it, they’re encouraged to shun Hinduism and accept more exploitative Islam, Christianity or atheism. At same time, Muslims and Christians students are encouraged to be more religious and fanatic for their respective faith. This is why JNU communists encourage Islamic or Christian festivals but gets reprimanded if students celebrate Hindu festivals in the campus.
This abhorrence has another intense level of inculcation. Female students from remotely rural areas are too attached with their families. Girls won’t be a good ‘recruiting’, ‘facilitating’ and a devoted comrade, until they respect family system and existing social ethics of the society. Hence, they’re taught that they’re the master of their own body. Their vagina belongs to them and their father has no right to say with whom they shall sleep. This typical teaching is very crucial and preached through woman comrades in very delicate ways by living with them, fanaticizing with them with instilling a false sense of empowerment and freedom among them… only to sexually exploit them for own leaders or an allurement for the new recruits.
JNU’s left ideologues are not limited to a close campus. Congress governments have been giving them important posts in order to devise new divide-and-rule policies. After debacle of 2014, these master-less Maoists of JNU are left with no one to support. Their political existence was long gone. Post General Elections 2014, they engineered several caste-riots, devouring state-funding and abusing the same state. Unfortunately, they failed into it too.
Within JNU, they opened another sister concern named ‘BAPSA’ – an organization that not only abuse Hinduism on daily basis, but also abuse the students who belong to Brahmin or ‘Savarn’ castes. The right to live with dignity for these ‘savarn caste’ students is violated by BAPSA and left-relict in name of Social Justice. Ironically, JNU administration allows such caste abuses in name of sociological studies. Much grave violation of thousands of students’ fundamental right to live with dignity is violated every day.
However, these avant-garde social terrorists still think that they can potentially harm the ruling BJP party by taking Bhimrao Ambedkar’s name. Now a days, Student wing of Naxalites, DSU used ‘Jai Bhim’ along with ‘Lal Salam’ in order to immunize itself from the responsibility of offending content it circulate within JNU campus. It is high time for Ministry of Human Resource Development and JNU administration to stop the violation of personal dignity of students. We must not allow the abuses and exploitations just for the sake of intellectual pleasure and useless showoff of tiny campus victory.
Amit can be reached at Twitter @amisri
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