Home Blog Page 107

Opposition to Vande Mataram is support of two nation theory: How objections today echo arguments that once divided India

0

The latest storm over Vande Mataram in Parliament has revived an old ideological battle in the country. Prime Minister Narendra Modi has accused the Congress of having “fractured” the national song under pressure from the Muslim League. He accused Jawaharlal Nehru of “betraying” the song. As the government commemorates 150 years of the composition of the legendary song, the Opposition’s strong objections, counter-accusations and protests outside Parliament have brought the debate to the centre of national politics once again.

On the surface, it may look like a disagreement over a song. However, it has reopened deeper questions about the nature of India’s national identity and the historical consequences of allowing religious objections to dictate public symbols.

How the original objections were framed

The roots of the dispute date back to the 1930s, when Bankim Chandra Chattopadhyay’s Vande Mataram had already become an emotive rallying point in the national movement. However, the Muslim League, under Muhammad Ali Jinnah, rejected the song outright and claimed that bowing to the Motherland amounted to idolatry. He claimed that Anandamath, the novel in which the song appears, presented a hostile portrayal of Muslim rulers.

Jinnah used this argument repeatedly. He portrayed the Congress’s use of Vande Mataram as a deliberate attempt to undermine Muslims. His rhetoric attempted to turn a national symbol into a marker of communal divisions.

These objections soon influenced the Congress leadership. In October 1937, the Congress Working Committee decided that only the first two stanzas would be sung at public functions. It was a compromise justified on the ground that the remaining stanzas might conflict with the “religious ideology” of some groups.

The decision followed internal exchanges between leaders such as Jawaharlal Nehru and Subhas Chandra Bose. Nehru claimed in a letter that the novel’s background might “provoke Muslims” even as he dismissed much of the outcry as “manufactured by communalists”.

How national leaders interpreted the issue

There were several leaders in that era who understood the danger of repeatedly yielding to objections framed in religious terms. For example, Sri Aurobindo argued vigorously that Vande Mataram was an invocation to the Motherland, not a theological offering. He warned that rejecting national symbols to appease sectarian anxieties would damage unity.

Dr BR Ambedkar was thoroughly critical of the idea of seeing the country as “Mother India”. He rejected the idea and in fact coined the term “Bahishkrit Bharat” (Outcast India), claiming it represents the true sense of divided Indian society.

MK Gandhi, in 1905, when he was in South Africa, wrote, “The song Vande Mataram, composed by Bankim Chandra, has become extremely popular throughout Bengal. During the Swadeshi movement, massive gatherings were held in Bengal where hundreds of thousands assembled and sang this song of Bankim.” He added, “This song has become so popular that it has become like our national anthem. Its emotions are noble and it is sweeter than the songs of other nations. Its sole purpose is to awaken the spirit of patriotism within us. It regards Bharat as a mother and offers praises to her.”

Although deeply appreciative of the song’s role in the freedom struggle, argued in the late 1930s that it should not be sung at gatherings where objections were raised. His advice, which was published in Harijan, reflected a desire to avoid confrontation in a period of rising communal tension.

Responding to the letters from Bose and Nehru, Rabindranath Tagore explained that he valued the tenderness and devotion in the first two stanzas. However, he added that he recognised that the larger poem, read together with the novel, could be misinterpreted. He believed that the truncated version had gained an independent identity and should be retained for national events.

The ramifications of the decision to use only two stanzas were visible. The accommodation validated the Muslim League’s belief that objections based on religious interpretations could dictate national practice. This helped the Muslim League to push the separatist narrative, which steadily grew in confidence through the 1940s and ultimately led to the formation of Pakistan.

Why the logic of the objections remains unchanged

In the current scenario, the Opposition’s arguments bear a striking resemblance to the ones advanced by separatist leaders in the pre-Independence era. The demands remain the same, that the national symbols must be reshaped, restricted or discarded if a religious interpretation finds them objectionable.

This insistence that religious sentiments must supersede collective national identity reflects the intellectual foundation of the two nation theory, which held that Hindus and Muslims represented distinct civilisations that were incapable of sharing a single national framework unless the majority continually compromised its cultural space.

Historically, once this principle took root, it did not remain confined to songs or symbols. It expanded into demands for separate electorates, distinct laws and political safeguards built around the idea that communal identity was superior to national identity. This is the reason there is so much opposition to the Universal Civil Code (UCC) and this is the reason why Congress-ruled states are trying to woo their natural voter base with laws like the Hate Speech Bill. The end-point to this worldview was Partition of the country, not by accident but by ideological design.

Why the debate today is not about a song

Almost a hundred years have passed and the argument has resurfaced in a new form. The resistance to Vande Mataram has always been there in different circles. Resistance to the song has happened in functions, State Assemblies and in meetings. However, it no longer hinges on the literary content of Anandamath or any genuine grievance.

Instead, it reflects the larger ideological position that national symbols must remain subject to a religious veto. This position, which is built upon the logic that one community’s theological reading deserves primacy over collective national sentiment, is inherently aligned with the two nation theory. It reiterates the idea that India cannot have a shared civilisational identity unless the majority continuously curtails its cultural expressions.

Rejecting Vande Mataram in 2025 is not a matter of “choice” or “interpretation”. It is a continuation of the same separatist logic that once divided the country. The reverence for the Motherland cannot be considered sectarian unless one chooses to interpret national identity through a purely religious lens.

A dispute that still tests India’s unity

The debate over Vande Mataram is not going to end in Parliament. The ideological fault line will remain the same as it was in the 1930s. The issue is not about the two stanzas or four which should be sung. It is whether India defines its national identity through a shared civilisational consciousness or through a patchwork of religious vetoes.

The continuity of the controversy over the national song has shown that it is more than a historical composition. It is a measure of how India balances its pluralism with its unity. It does not matter what the outcome of the debate in Parliament will be, as it will not unite India’s communities divided over religious interpretations. It, however, reaffirms that “Unity in Diversity” is only a mask that will go off the moment one community starts opposing national symbols over religious readings.

Assam CM inaugurates memorial dedicated to martyrs of Assam Movement: Read about the Swahids who were brutally killed for demanding deportation of illegal immigrants

On 10th December, Assam observes “Swahid Divas (Martyr’s Day)” every year in remembrance of those who died during the Assam Movement demanding deportation of illegal immigrants from Bangladesh. On this day in 1979, Khargeswar Talukdar had become the first martyr of the movement. Around 860 agitators had died during the 6-year-long protests led by All Assam Students Union (AASU) and All Assam Gana Sangram Parishad (AAGSP).

Notably, this tragic loss of life transpired due to the detrimental and brazen Muslim appeasement actions of Indian National Congress which governed the country for over 50 years since independence. The party ascended to power following the gruesome partition of the nation, in the name of representing the collective consciousness of a “secular” India. However, its extensive rule and unrestrained power were marred with multiple occurrences of oppressive actions, undermining democracy and Constitution, suppressing dissent and more.

Similar to its current politics, the grand old party prioritised vote-bank and catering to its favourite community over national interest, integrity and the genuine concerns of its own citizens. It did not even hesitate to use the authority to force people to conform to its agenda through unrestrained violence. The same unfolded in Assam in a dreadful manner during the largely peaceful and momentous Assam Movement as more than 850 young people lost their lives.

Prime Minister Narendra Modi payed tribute to the martyrs and stated that “we recall the valour of all those who were a part of the Assam Movement.” He mentioned that India’s history will always hold a special place for the struggle. “We reiterate our commitment to fulfilling the dreams of those who participated in the Assam Movement, notably the strengthening of culture and the all-round progress of the state,” he further conveyed.

Assam Chief Minister Himanta Biswa Sarma likewise offered “shraddhanjali to Khargeswar Talukdar and the over 850 bravehearts of the Assam Movement who gave their lives for Aai Asomi.” He added, “Their love for the motherland will forever be an inspiration for us as we remember their supreme sacrifice today.”

Swahid Smarak Kshetra inaugurated

On the occasion of the Swahid Divas this year, Chief Minister Himanta Biswa Sarma inaugurated a centralised memorial named Swahid Smarak Kshetra at West Boragaon in Guwahati on Wednesday. The foundation stone for the memorial which was built at a cost of ₹178 crore was laid by the then Sarbananda Sonowal on December 10, 2019.

The 150 bigha site has a 225 tall main memorial, 860 busts of the swahids, a meditation hall, a laser show area, a horticulture garden, a food court, an auditorium and a cycle track. It also features a digital library that has information about the entire Assam Movement, among other things.

As photographs of around 400 martyrs were not available, their portraits and busts are being created using descriptions of their appearances by their families. Therefore, some spots are kept empty at present, and they will be filled as and when artworks are completed.

The eternal flame known as “Swahid Pranam Jyoti” at the Swahid Smarak Kshetra was lit by Sarma, and 860 diyas were lit in memory of the 860 swahids. Family members of all the martrs were invited to attend the inauguration, apart from senior leaders of the Assam movement.

At the inauguration ceremony, Bhupen Hazarika’s “Swahid Pranamo Tumak” was performed by a large number of artists after the recitation of the state anthem. Notably, Hazarika had created the song in honour of the martyes of the Assam movement.

The Swahid Smarak Kshetra is the first centralised memorial to remember those who lost their lives demanding the detection, disenfranchisment and deportation of illegal aliens from Assam. AASU has built a large number of small memorials in almost every town, including in almost every school and college in Assam, but there was no centralised place. Even though AGP, the party born out of AASU and AAGSP, ruled Assam for two terms, no plan was made for a centralised memorial.

What was Assam Movement

The profound challenges faced by the ordinary and law-abiding Indian population against those in power unfortunately did not cease with the fall of the British Raj, as the successors also focused on their own political objectives instead of the welfare, rights or security of those they pledged to protect under the Constitution.

The nation, akin to the present situation, was tackling with the grave problem of Bangladeshi infiltrators, particularly in the border regions and Assam was similarly affected. As a result, the All Assam Students Union (AASU) and the All Assam Gana Sangram Parishad (AAGSP) started a civil disobedience movement in 1979 to protest the unchecked inflow of illegal immigrants into Assam, especially from Bangladesh. It is regarded as one of the world’s longest student movements.

Image via The Sentinel

Furthermore, the state went through a volatile political period in the late 1970s and early 1980s, characterised by the overthrow of governments and the introduction of President’s Rule. Meanwhile, the massive illegal migration from Bangladesh triggered fears about the implications for resource exploitation, demographic change, the economy and underdevelopment, among other matters.

Hence, the inability of the administration to respond to the legitimate worries of the populace gave rise to the Assam Movement. It not only became one of the most well-known movements in post-colonial India but was a determined attempt to protect the state’s true identity which was gravely endangered by foreign intruders.

The anti-foreigner agitation was started in 1979 by the All Assam Students Union. The repatriation of foreigners who had entered Assam after 1951 was one of their key demands. The demonstration was also against a flawed voter registration that contained the names of countless unlawful immigrants, further escalating unrest.

Image via India Today

Foreign nationals had been fraudulently entered into electoral rolls since 1963. The draft enrolments in Mangaldoi revealed a large number of non-citizens in 1979. According to Assam BJP leader Dilip Sharma, the Congress deceptively added over 40,000 East Bengali Muslims to the electoral records for the Dalgaon Assembly segment during the by-election which transpired after the death of MP Hiralal Patowary from the Mangaldoi Lok Sabha constituency.

Afterward, AASU announced to boycott the 1980 Lok Sabha election and advocate for completely updated electoral records throughout the entire state. The Indira Gandhi government, however, chose not to accept the demands, as it would have impacted her electoral support. As a result, the movement only escalated, leading to economic blockades, tyranny, bloodshed and protracted hostilities.

Murder of AASU leader Khargeswar Talukdar

Khargeswar Talukdar, the 22-year-old general secretary of AASU’s Barpet unit was among the many young leaders who took a stand for the pivotal cause. However, his determination quickly made him a target and Bangladeshi Muslims mercilessly silenced his voice.

On the early hours of 10th December 1979, former president Fakhruddin Ali Ahmed’s wife Abida Ahmed went from Guwahati to Barpeta to file nomination for elections as a Congress candidate. The agitation was triggered by announcement of the polls without removing the names of illegal immigrants from the voter lists, and they were boycotting the polls.

AASU workers had tried to block Abida Ahmed in Guwahati and at various places on the way, but they were removed and mercilessly beaten by police. Similarly at Bhawanipur, local AASU members were on a picketting, but they were also targeted by the police. This included Khargeswar Talukdar, the 22-year-old general secretary of AASU’s Barpet unit and a 1st year student of Hawli College. He was dragged by the police, beaten to death, and then his body was thrown into a ditch on the side of the road close to Bhabanipur.

The heinous act was intended to quell the uprising but produced opposite result. After his death, his mortal remains were brought to Gauhati University, where the first Swahid Bedi or martyrs memorial was built.

Talukar became the movement’s first martyr and the killing shocked the entire state. The struggle turned personal and emotional for the grieving masses. The protests grew louder and gained traction.

Image via glimpseofassam

As a result on 12th December 1979, the central government imposed President’s Rule in Assam, removing the Janata Party government, which was the first critical change in the state’s political landscape. However, the movement had evolved into an fight for the entire state. Students, farmers, intellectuals, and regular people protested in the streets, calling for the identification, disenfranchisement and expulsion of undocumented immigrants. The leaders of the protest also boycotted the 1983 Assembly elections.

On the other hand, several negotiations with the government did not succeed while the state faced consistent curfews, disruption of normal life, economic setbacks and widespread violence as hundreds of people sacrificed their lives to protect Assam from Bangladeshi intruders.

Image via India Today

The centre eventually understood that the turmoil in Assam could not be disregarded after six arduous years of demonstrations, agitation and talks. On 15th August 1985, the officials of the Rajiv Gandhi government met with the leadership of AASU and AAGSP. They negotiated the landmark “Assam Accord” to deal with the fundamental issues presented by the movement. The agreement resulted in the creation of the critical National Register of Citizens (NRC) and pushed the subject of illegal immigration to the forefront of public discussion in India.

CM Sarma highlights insidious actions of Congress

“For years, Assam’s bravehearts didn’t have any permanent memorials in honour of their sacrifice in protecting the land, culture and identity of Assam. Correcting this historical anomaly, the Swahid Smarak in Guwahati today stands tall as a testament to their sacrifices,” CM Sarma expressed on the eve of Swahid Divas.

He outlined, “Over 860 young people lost their lives due to the brutality of the then Congress government in Assam. Their only fault was demanding a secured Assam, demanding an end to illegal infiltration.”

According to Sarma, the deceased were victims of “state brutality” and were penalised for asserting a justifiable demand for a “safe and secure Assam.”

“All that we have seen, youths died for demanding that Assam be made a safer place by deporting illegal immigrants in the state. However, unfortunately, more than 850 lives were lost due to the brutality unleashed by the state administration. At that time, Congress was in power at both the centre and the state. The Congress government was solely responsible for the loss of lives during the Assam agitation,” he mentioned.

The martyrs were remembered through get-togethers and private tributes for many years. Many of these martyrs were young people, mostly students, who had a resolve to uphold Assam’s real heritage and cultural roots. The central memorial has brought their stories to one location where they can be preserved, passed down and continue to inspire future generations. Their supreme sacrifice has now found a permanent place in the legacy of the state.

Conclusion

The Assam movement is yet another somber chapter of the sinister actions of the Congress to strengthen its electoral base at the expense of Indian citizens. It also stands as a grim reminder of the phrase, “The more things change, the more they stay the same” in the context of Indian politics, where the opposition’s pandering to Muslims extends even to intruders.

The outright objection to the Special Intensive Revision (SIR) drive, Citizenship Amendment Act (CAA) or NRC is a result of the same mindset, where these “secular” parties do not hesitate to compromise national security and interests, if it results in securing them some votes while the country and its natives suffer relentlessly.

Rotherham’s Hussain brothers operated a violent child rape empire: Newly released trial transcripts reveal the horror of systemic abuse by Pakistani grooming gangs

0

For decades, a shadow hung over the town of Rotherham, South Yorkshire. It was a shadow cast not by industrial decline, but by a far more sinister force: organised gangs of men, predominantly of Pakistani heritage, who waged a campaign of sexual terrorism against the town’s most vulnerable young girls. The 2016 trial of the Hussain brothers and their accomplices brought into sharp focus the scale of this depravity, revealing a level of cruelty that Judge Sarah Wright described as being of “unimaginable proportions”.

Recent transcripts released by Open Justice UK have reopened this dark chapter, offering a verbatim account of the atrocities. These documents, combined with the damning findings of the recent National Audit on Group-Based Child Sexual Exploitation, serve as a grim testament to the systematic rape, torture, and trafficking of children, and the catastrophic failure of a state apparatus that prioritized political correctness over child protection.

The mechanism of evil: Targeting the vulnerable

The sentencing remarks from February 2016 outline a predatory methodology that was as calculated as it was cruel. The ringleaders—Arshid Hussain, Bannaras Hussain, and Basharat Hussain, all of Pakistani origins, did not choose their victims at random; they hunted them.

The court heard how the gang targeted young girls who were often in local authority care or estranged from their families. The pattern was chillingly consistent: the abusers would initially appear caring, offering attention, gifts, or drugs to build a false sense of trust. Once established, the trap snapped shut. The “boyfriend” would turn into a pimp, and the caring facade would be replaced by a regime of terror. As noted in the transcripts, the abusers “ruled Rotherham” and exploited their reputation for violence to silence their victims.

Tales of horror: Inside the courtroom transcripts

The details emerging from the sentencing remarks are gut-wrenching.

  • Victim 2, placed in care at age 11, was sought out daily by Arshid Hussain. When she refused his demands, he beat her until she complied. Arshid passed her to his brother Bannaras and friends, treating her as currency to pay off debts. She was burned with cigarettes, tied up, and raped by lines of men.
  • Victim 7 was subjected to psychological torture by Basharat Hussain. On one occasion, Basharat and Arshid bound her hands and feet and put a sheet over her head. While helpless, she heard another girl screaming while being abused nearby. They poured water on her feet after she smelled burning, terrorizing her with the threat of being set on fire.
  • Victim 6 was told by Arshid Hussain that she was “white trash” and that “Asian women didn’t perform oral sex as it was against their religion,” using racial slurs as he forced himself upon her.

A “culture of blindness”: Institutional cover-up

While the courts dealt with the specific atrocities of the Hussain brothers, a broader inquiry has revealed that these were not isolated incidents but part of a national crisis facilitated by state failure. The National Audit on Group-Based Child Sexual Exploitation and Abuse, authored by Baroness Louise Casey, recently made disturbing revelations about a “culture of blindness, ignorance and prejudice” that allowed these gangs to operate with impunity.

The report sets out the crime in “unsanitised terms,” describing multiple sexual assaults committed against children by multiple men, beatings, gang rapes, and girls forced into abortions. Crucially, the audit confirms what had long been suspected but officially suppressed: the majority of these grooming gangs were comprised of Pakistani and ‘Asian’ men.

In Rotherham alone, it was found that 64% of child sexual exploitation cases were perpetrated by British Pakistani men, despite them being a minority in the general population.

This reality was deliberately obscured by a refusal to collect data. The audit found that authorities “shied away” from recording the ethnicity of perpetrators, with data missing for nearly two-thirds of suspects nationally. This “collective failure” meant that despite numerous reports regarding “Asian or Pakistani” men exploiting young White girls, the system consistently failed to acknowledge the pattern or protect the victims.

Political silence and police complicity

The cover-up was driven by a paralyzing fear of being labeled “racist” or “Islamophobic.” The Casey report and subsequent investigations highlight how this fear silenced those who tried to speak out.

  • Political Censorship: Labour MP Sarah Champion was forced to resign as a shadow minister in 2017 after stating that Britain had a problem with British Pakistani men raping white girls, a statement now vindicated by the data. Similarly, politicians like Keith Vaz downplayed the racial element to avoid “stigmatizing” the community.
  • Ignoring Intelligence: Police forces possessed damning intelligence but refused to act. A 2015 profile by West Midlands Police found that 62% of grooming suspects were of Pakistani ethnic background, compared to just 12% White. Yet, police often chose not to alert the public due to concerns about “community tensions.”
  • Criminalizing Victims: In a desperate bid to avoid racial profiling, police often arrested the victims rather than the perpetrators. Young girls were treated as offenders for minor violations committed while under the coercive control of the gangs, while the men exploiting them were left free to continue their abuse.

Police complicity, crackdown on victim families, and lenient sentences

The horrors of Rotherham were not an anomaly but part of a nationwide epidemic of grooming crimes that authorities actively sought to downplay. From the 1980s onwards, towns such as Telford, Rochdale, Oxford, and Newcastle became hunting grounds for grooming gangs, predominantly of British Pakistani origin. In Telford alone, as many as 1,000 girls were exploited over a 40-year period in a town of just 170,000 people, with three murders linked to the scandal. In Rochdale, the abuse of at least 47 young girls began in 2002, while government figures estimate that nearly 19,000 adolescents across England have been sexually groomed.

The response from law enforcement often amounted to complicity through negligence. Driven by an “obsessive avoidance of racial profiling” and a fear of being perceived as culturally insensitive, police forces frequently failed to probe grooming allegations. In a perverse inversion of justice, officers often arrested the victims and their families for minor violations while they were still in contact with their abusers, rather than targeting the rapists. This deliberate cover-up allowed gangs to operate freely, running what were effectively rape houses while maintaining a facade of community integration.

This systemic failure was bolstered by media and political figures who shielded the perpetrators by using vague terminologies like “Asian” or “South Asian,” obscuring the specific religious and ethnic drivers of the crimes, namely, Pakistani-origin men targeting vulnerable white and non-Muslim girls. Despite reports from the NSPCC in 2023 indicating an 82% rise in online grooming offenses, the true scale of the exploitation remains unknown, hidden behind a wall of official silence and denial.

How the system was paralysed by political correctness

The horrors detailed in the Rotherham transcripts did not occur in a vacuum. They were allowed to fester for decades because of a systemic failure that many commentators and reports have attributed to a paralyzing fear of “political correctness.”

For years, the victims, predominantly white, working-class girls were ignored by the very institutions designed to protect them. Police, social workers, and council officials were hesitant to investigate reports of Asian men abusing white girls for fear of being labeled “racist.” This hesitation created a culture of impunity where grooming gangs operated openly. As noted in the transcripts, the Hussain brothers drove distinctive cars, were well-known in the area, and behaved as if they were untouchable.

The 2014 Jay Report, which blew the lid off the scandal, estimated that at least 1,400 children had been exploited in Rotherham between 1997 and 2013. Yet, repeatedly, the ethnicity of the perpetrators, overwhelmingly Pakistani Muslim men—became a reason for authorities to look the other way. The Labour-run Rotherham Council was accused of prioritizing community cohesion over child protection, fearing that exposing the gangs would damage race relations or cost them votes within the crushing “block vote” dynamics of local politics.

The Insult of Taxpayer-Funded Defense

Adding insult to the grievous injury suffered by the victims was the revelation regarding the legal defense of these monsters. As highlighted by investigative reports, also covered by OpIndia here — the perpetrators of these heinous crimes, despite running lucrative businesses and “owning the town,” pleaded poverty to access state funds.

The Hussain brothers received over £370,000 in legal aid for the 2016 trial alone, with total costs to the taxpayer estimated at nearly half a million pounds. While Arshid Hussain was represented by a QC and defended with public money, many of his victims received zero compensation. Those who did receive payouts were often given derisory sums, sometimes as low as £2,000.

Sammy Woodhouse, a survivor of the Rotherham abuse, poignantly remarked on this injustice, noting that the abusers received more in legal aid than the survivors received in compensation. It is a stark illustration of a justice system that, even in its attempt to prosecute, seemed structurally biased against the victims.

The sentences: A reckoning too late

In February 2016, facing the undeniable weight of evidence, Judge Sarah Wright handed down significant sentences, noting the “devastating” impact on the victims.

  • Arshid Hussain: Sentenced to 35 years for his role as a ringleader with “particularly high” culpability.
  • Basharat Hussain: Sentenced to 25 years.
  • Bannaras Hussain: Sentenced to 19 years after pleading guilty.
  • Karen MacGregor: Sentenced to 13 years for facilitating the abuse in her home.

A haunted legacy

The Rotherham 2016 trial transcripts strip away the bureaucratic language of “exploitation” to reveal the violent reality of what these gangs did. They systematically broke the bodies and spirits of young girls while the town of Rotherham continued its daily life.

However, as the National Audit makes clear, the guilt extends far beyond the men in the dock. It rests also with the police officers who ignored reports, the council officials who prioritized community cohesion over child safety, and the politicians who silenced the truth. The 197-page Casey report serves as a permanent indictment of a system that, for decades, sacrificed its most vulnerable daughters to avoid an uncomfortable conversation about culture, crime, and integration.

Delhi Riots bail hearing: Why the accused persons’ liberty arguments may not overcome UAPA’s strict prima facie bar and how Delhi Police’s conspiracy case still holds in law

The Supreme Court’s ongoing consideration of bail pleas filed by Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Meeran Haider, Shadab Ahmed and Mohd Saleem Khan in the Delhi riots “larger conspiracy” case marks a crucial intersection of individual liberty and collective security.

On December 9, the accused (barring Umar Khalid who has moved an interim bail for his sister’s wedding in the trial court) concluded their rejoinder arguments in the batch of bail petitions arising from the 2020 North-East Delhi riots conspiracy FIR registered by the Delhi Police under the IPC and the Unlawful Activities (Prevention) Act, 1967 (UAPA). A Bench of Justices Aravind Kumar and NV Anjaria heard detailed submissions from senior counsel appearing for the accused, while Additional Solicitor General SV Raju is scheduled to argue for the Delhi Police.

The defence has continuously highlighted (i) their lack of direct involvement in acts of violence, (ii) their lengthy incarceration as undertrials, (iii) their purported trial delay, and (iv) the description of their actions as lawful protest rather than terrorism. However, the Delhi Police have presented the Court with a 389-page affidavit claiming “irrefutable documentary and technical evidence” of a planned “regime change operation” that targeted non Muslims and planned nationwide communal riots.

The Delhi High Court’s comprehensive ruling on September 2, 2025, denying bail to these same defendants, in which the court has already thoroughly examined both delay and conspiracy, must be taken into consideration when evaluating its counter arguments.

The UAPA bail framework: A higher threshold

The starting point is Section 43D(5) UAPA, which states that if the court determines after reviewing the case diary or chargesheet that there are “reasonable grounds for believing that the accusation against such person is prima facie true,” the person accused of offenses under Chapters IV and VI will not be released on bail.

Following NIA v. Zahoor Ahmad Shah Watali and later Gurwinder Singh, the Delhi High Court has already distilled the key points in the common judgment dated September 2, 2025, denying bail for these accused.

The Court does not hold a mini-trial during the bail phase. It examines the prosecution’s evidence holistically rather individually. Assuming the prosecution’s evidence is trustworthy unless completely ludicrous, it documents a conclusion based on broad probabilities that is are the accusations prima facie true?

The defence’s response mostly cites K.A. Najeeb and other rulings to support its claim that extended detention and postponement justify granting bail to the accused. However, the Supreme Court has also made it clear in later rulings that “mere delay in trial pertaining to grave offences cannot be invoked as a cause to grant bail” under the UAPA and that delay by itself cannot negate the strictures of Section 43D(5).

To put it another way, a prosecution’s prima facie weakness may be strengthened by delay and prolonged detention, but they cannot take the place of the court’s requirement that the accusations be deemed insufficient even on a prima facie reading.

The accused’s reply arguments must be evaluated in light of this.

Sharjeel Imam’s ‘Speech only’ defence

In defence of Sharjeel Imam, Senior Advocate Siddhartha Dave argues that the Imam has already obtained bail in the direct “speech FIRs” in which his contentious speeches at Jamia, AMU, Asansol, and other locations are directly challenged. None of the 750 riot FIRs pertaining to actual violence and killings name him. He did not specifically ask individuals to pick up firearms, according to the trial court itself. He has been detained for almost six years and it is disproportionate to keep him in custody for nonviolent but “unpalatable” statements. The prosecution emphasises “gravity,” yet if the case had really been so serious, NIA would have taken over instead. Delhi Police’s Special Cell is still conducting an investigation under UAPA.

Despite their seeming persuasiveness, these arguments are susceptible to legal criticism when compared to the statutory structure of conspiracy based UAPA offences.

(i) Separate conspiracy FIR vs. speech FIRs

The separate conspiracy FIR, where it is alleged that speeches served as nodal acts within a larger design to mobilize, radicalize, and coordinate protest sites and road blockades in a manner calculated to trigger communal conflagration during a politically sensitive period, cannot be automatically diluted by bail in “speech FIRs.”

With numerous actors and digital trails purportedly connecting speeches, WhatsApp groups, finance, and protest logistics, the High Court has previously handled the bigger conspiracy case as a separate factual matrix. The Court must determine if this entire sequence, taken at face value, shows Imam’s speeches as part of a planned scheme rather than as sporadic outbursts of disapproval at the prima facie stage. 

(ii) “Not in any riot FIR” is not conclusive in a conspiracy case

Dave’s insistence that Imam is not charged in any FIR involving actual violence ignores a fundamental tenet of conspiracy law, which is that conspiratorial responsibility does not require physical presence at the crime site. Even if someone is far away when the clear crimes are carried out, they might still be a part of a terrorist plot if their previous actions or communications are said to have advanced the plan.

Therefore, the claim that “if my speeches caused riots, I would have been prosecuted in those FIRs” is more akin to a trial defense than a knockout at the bail stage. The Court must determine whether the prosecution’s evidence, if uncontested, could plausibly support the claim that the speeches were meant to be a part of a larger scheme at the 43D(5) stage.

(iii) NIA’s non involvement is not a bail filter

It is also debatable if the lack of NIA entrustment under the National Investigation Agency Act somehow lessens the seriousness of the issue. Section 10 of the NIA Act makes it clear that nothing in the Act restricts the State’s ability to look into and prosecute UAPA offences. Section 6 of the Act only gives the Center the option to direct NIA to examine scheduled offences.

Consequently, the implementation of Section 43D(5) is constitutionally unaffected by NIA’s lack of engagement. It cannot, by itself, turn an otherwise prima facie UAPA case into one in which the bail ban is lifted.

(iv) Long incarceration vs. gravity and conspiracy

The grievance regarding a six year undertrial time has significant merit. However, Najeeb and related precedents take care to emphasise that such relief is extraordinary and typically associated with an almost impossible trial outcome.

According to the High Court’s own assessment, the case’s complexity stems from the size of the alleged conspiracy, the numerous defendants, the amount of digital evidence, and the hundreds of witnesses. Arguments on charges started in September 2024, while the Delhi Police continued to produce supplemental charge sheets until 2023. In a 2024 ruling, the Supreme Court further emphasised that Section 43D(5) cannot be overridden by delay alone, particularly in cases where the State can legitimately refer to the intricacy and conduct of the defence.

Given this, Imam’s argument that the term of imprisonment should take precedence over the accusations of conspiracy may not be entirely compatible with the body of existing UAPA bail precedent. 

Protest funding and the civil disobedience analogy

For Shifa ur Rehman, Senior Advocate Salman Khurshid describes his client’s involvement as a civilian sympathetic to the CAA-NRC protests, with the “worst allegation” being that ₹8 lakh was received and utilized to support a protest site by erecting shelters, helping people in inclement weather, etc. No FIR has been filed against him in Jamia or Delhi, and he has not engaged in any violence, speech, or WhatsApp group membership. He argues that disobedience of the law does not equivalent to violence by citing the civil disobedience of Mahatma Gandhi.

This framing is appealing as a moral argument. However, the crucial question in a UAPA bail hearing is not whether funding for protests can ever be legal rather, it is whether the prosecution’s evidence, taken at face value, demonstrates that such funding and logistical support were part of a plan to blockade, paralyze, and ultimately incite violence in this particular factual matrix.

According to reports, the Delhi Police affidavit links various protest locations’ financial transactions and logistical plans to a larger scheme to incite disturbances during the US President’s visit. The comparison to Gandhi’s civil disobedience may be legally inappropriate if such material is in fact on file, civil disobedience is open, public, and non-violent, whereas the prosecution’s case involves a concealed, networked mobilisation intended to incite communal unrest.

The Court is not in a position to definitively decide between the conspiracy and peaceful protest narratives at the 43D(5) stage. Its job is to determine if the latter is prima facie supported by the evidence if it is, the statutory bar is applied even if there are no earlier criminal precedents.

Alibi and delay in trial: The Meeran Haider submissions

For Meeran Haider, Senior Advocate Siddharth Agarwal makes two main arguments:

Alibi: There are train tickets and proof that he was absent owing to his mother’s illness, and he was not in Delhi on the dates of the meetings where the plot is said to have been conceived.

Delay: the prosecution took more than three years from the filing of the first complaint (March 2020) to the filing of the final chargesheet (June 2023), the accused cannot be held accountable for the time between September 2023 and September 2024, when the prosecution was still unsure whether the investigation was complete.

The issue with the alibi is legal position once more. After complete evidence, cross-examination, and potentially expert analysis of CDRs and travel records, an alibi case is usually tried. The Supreme Court has warned in Watali that bail courts should consider whether the State’s story, which is backed up by statements and documents, is generally credible on its face rather than conducting in-depth analyses or selecting between conflicting interpretations.

If the Delhi Police evidence placed Haider in a wider group that participated in planning, communications or resource mobilisation, even if he disputes precise dates, this contest is better suited to trial than to a UAPA bail hearing.

The record on delay is more complex than the defence claims. In a related bail denial (for another accused), the Delhi High Court explicitly stated that a certain accused who had obtained bail was accountable for postponing the charge’s arguments, which harmed co-accused who were still detained. The picture that appears is one of a complicated case where defence strategy, additional chargesheets, and investigative complexity all contribute to the delay.

It could be a bit exaggerated to characterize delay as a one-sided State failure in these situations. The Delhi Police’s stronger argument is that, although the period of detention is unfortunate, it is due to the scope and character of the alleged conspiracy rather than any one institutional indifference that would allow the Section 43D(5) bar to be overturned.

Call data records, CCTV and the Shadab Ahmed argument

Senior Advocate Sidharth Luthra argued that (i) Shadab Ahmed was not present at the crime scene during the riots based on call data records (CDRs) and the lack of CCTV evidence (ii) Oral testimony led the State to reconsider its position 1.5 years later (iii) The exculpatory CDRs were improperly taken into consideration by both the trial court and the High Court.

Once more, these are matters of appreciating the evidence. Strong exculpatory CDRs could significantly bolster the bail plea in a typical IPC case. However, in a UAPA conspiracy case, the alleged planning meetings, digital communications, and cash transfers that make up the conspiracy are all considered important scenes of crime in addition to the actual location of the violence.

The question is more complex than “was he caught on CCTV with a stone” if the chargesheet identifies Ahmed’s involvement in planning, coordination, morale-boosting, or propaganda. and whether his purported pre-riot actions, when combined with others, fall under the purview of UAPA Sections 15, 18, or 20. The Court must consider the State’s evidence as a whole and refrain from dissecting it individually in accordance with Watali.

From the standpoint of Delhi Police, the CDR based argument seems to ask the Supreme Court to reconsider the High Court’s evaluation of the prima facie case, which the statute framework purposefully makes challenging at the bail stage.

“Not a menace to society” : The plea of Mohd Saleem Khan

Advocate Gautam Khazanchi for Mohd Saleem Khan reportedly argued that Khan is not a “menace to society” and has clearly defined a limited position, hence he should be released on bail. 

It makes sense that this pitch is human centric. However, the standard under UAPA differs substantially from the general CrPC bail inquiry, which weighs threat to society, possibility of absconding, and tampering. In addition to standard bail considerations, Section 43D(5) adds a more stringent filter, if there are substantial grounds to believe the accusations are prima facie genuine, the accused “shall not be released on bail.”

Therefore, if the alleged acts meet the prima facie level for UAPA offenses when considered in the context of a wider conspiracy, even a person with few alleged acts, pristine past, and a low future risk profile may be denied bail. This section is the statutory expression of the Delhi Police’s belief that terror related conspiracies are qualitatively different from ordinary criminality and require ex ante restraint (prevent the harm).

The Delhi Police case at the bail stage

Drawing comparisons to recent events in Bangladesh and Nepal, the Delhi Police have projected the riots as planned rather than spontaneous in their affidavit and submissions, arguing that speeches and protest logistics were used to divide society along communal lines and effect a regime change through orchestrated violence.

Additionally, they have described the accused as “anti-nationals, not intellectuals.” This is a strong rhetorical choice, but at the bail stage, it ultimately comes down to whether the documents, chats, CDRs, witness statements, and financial records show a cogent, deliberate design connecting the accused to the alleged terror acts.

Legally, the Delhi Police’s view is supported by three essential points: 

Existing High Court ruling on a prima facie case: The Watali test was already employed by the Delhi High Court in its 133 page ruling, which concluded that there are good reasons to think the charges are first accurate. That is the exact order that is being contested. The Supreme Court would essentially have to disagree with this initial assessment while adhering to the same Section 43D(5) restrictions in order to grant bail. 

Scale and complexity as a reason for the delay: A large portion of the time is explained by the several chargesheets, hundreds of witnesses, and countless accused. Additionally, the record indicates that certain delays can be attributed to defense strategy rather than just the State. The claim that extended detention alone warrants bail seems exaggerated in such a situation.

Conspiracy at the center of the matter: The defence’s arguments consistently emphasize the lack of weapons, CCTV footage, FIRs, or direct aggression. However, this is exactly the goal of a broader conspiracy prosecution, which aims to criminalize those who plan, organize, and intensify disruption while others carry it out. The statutory framework of UAPA just questions whether the police’s perspective on the documents is reasonably believable, whether they finally prevail at trial is a concern for the future.

Conclusion

The Delhi riots conspiracy accused’s reply arguments effectively highlight important civil liberty issues, including as six years in detention, overlapping speech charges, and the dangers of classifying dissent as terrorism. They are worthy of careful thought.

However, many of these submissions seem to drive the Supreme Court toward a merits re-appraisal that the bail structure is intended to avoid when seen solely through the prism of Section 43D(5) UAPA and the Delhi High Court’s earlier rulings. Typical trial questions that are not usually decisive at the prima facie bail stage include alibi, speech interpretation, the qualitative nature of protest funding, and the weight of CDRs versus oral testimony.

The Supreme Court’s ruling will ultimately have ramifications that go well beyond the Delhi riots case. It would indicate the extent to which constitutional courts are prepared to challenge the structural ban on bail imposed by UAPA with Najeeb style liberty grounds. For the time being, a close examination of the defence arguments from yesterday’s hearing indicates that, although they are persuasive verbally, they might not be able to significantly undermine the prima facie satisfaction that now supports the Delhi Police’s case.

Did your dad forget his first salary account that could still be holding unclaimed money? Here is how you can help your elders and yourself

On 10th December, Prime Minister Narendra Modi issued a reminder that crores of rupees belonging to ordinary Indians remain forgotten in old bank accounts, insurance policies, mutual fund folios and dividend ledgers. He revealed that banks alone are sitting on Rs 78,000 crore of unclaimed deposits, while insurers hold nearly Rs 14,000 crore in unpaid proceeds. Mutual funds and unclaimed dividends add thousands of crores more.

Calling the numbers startling, PM Modi said that the money represents decades of hard-earned family savings that slipped through the cracks of paperwork, relocations or memories fading over time.

To correct this, the Government has launched the nationwide initiative “आपकी पूंजी, आपका अधिकार” or “Your Money, Your Right” in October 2025. The initiative is built on the 3A framework of Awareness, Accessibility and Action. In two months, facilitation camps were held in 477 districts, from urban centres to remote rural belts. Regulators including RBI, IRDAI, SEBI, PFRDA and IEPFA are now working together to help citizens trace forgotten assets. Around Rs 2,000 crore has already been returned, and officials say this is only the beginning.

For many families, especially senior citizens, the campaign can mean rediscovering a long-lost deposit or an old policy their parents once purchased.

RBI’s UDGAM portal – finding forgotten bank deposits

The Reserve Bank of India (RBI) launched the UDGAM portal in August 2023. It is a centralised platform to help citizens locate unclaimed bank deposits lying across different banks. The RBI had noticed a steady rise in dormant accounts over the years, and many families remained unaware that deposits belonging to their parents or grandparents had been transferred to the Depositor Education and Awareness Fund. UDGAM solves this by allowing anyone to search multiple banks from a single window instead of approaching each institution individually.

Source: RBI

The portal has steadily expanded its coverage and now includes almost the entire banking sector. Once a user registers with a mobile number and basic details, they can check if an account linked to their name shows up as unclaimed. If it does, the portal directs them to the concerned bank so they can either revive the account or file a claim. For many families, UDGAM has become the easiest way to ensure earlier savings do not remain forgotten simply because documentation was misplaced or bank branches were relocated.

IRDAI’s Bima Bharosa portal – reclaiming unclaimed insurance money

Insurance is the sector where people most commonly forget to claim what is owed to them. IRDAI says over Rs 25,000 crore remains unclaimed because policyholders moved homes, lost papers or their nominees were never told that a policy existed. These unclaimed amounts arise from death benefits, maturity payouts, refunds, survival benefits or settlement amounts that remained unpaid for more than 12 months.

Source: IRDAI

The Bima Bharosa portal centralises this search across all life, general and health insurers. With basic details such as name, PAN, date of birth or policy number, families can check if an insurer is holding unpaid benefits in their names.

If a match is found, the claimant must contact the insurer with KYC, bank details and supporting documents. In the case of death claims, nominees or legal heirs need to submit the usual proofs including death certificates and succession documents. The portal also proved useful for NRIs, who can complete the process digitally with self-attested overseas proofs.

Bima Bharosa has simplified a process that once required visiting multiple insurers and has ensured that genuine beneficiaries do not lose access to money simply because memories or records faded over time.

SEBI’s MITRA portal – tracing inactive or unclaimed mutual fund folios

SEBI’s MITRA portal is integrated with MF Central. It was created to help investors track inactive or forgotten mutual fund folios. A folio becomes inactive when no investor-initiated transaction takes place for at least 10 years, even though units still exist.

Source: MF Central

Many families lost track of these investments because they shifted cities, changed email IDs, or never updated their contact information with the fund house. Over time, these folios slip quietly into the unclaimed category.

MITRA brings together data from RTAs such as CAMS and KFin Technologies and allows investors to verify whether any such folios exist in their name. After entering an OTP, PAN and other identity parameters, users can access their dormant investments and begin the process of reclaiming them.

Once identified, investors can update KYC, provide bank details and request redemption or revival of holdings. Since mutual fund investments are often made during earlier phases of one’s career, MITRA has helped many households rediscover small but meaningful amounts that had silently grown over the years.

IEPFA portal – recovering unclaimed dividends and forgotten shares

The IEPFA portal deals with one of the biggest pools of idle wealth in India. More than one billion unclaimed shares and thousands of crores in dividends are currently parked with the Investor Education and Protection Fund Authority because investors did not encash dividends for seven years in a row or because companies could not reach them. Many of these shares belong to investors who bought stocks decades ago and later forgot about them as companies merged, restructured or changed registrars.

Source: IEPF

Under Section 124 of the Companies Act, investors or legal heirs can apply to reclaim these assets through the IEPF-5 mechanism. The process involves filing the online form, submitting identity and ownership proofs, and sending an indemnity bond and supporting documents to the company’s nodal officer. Once verified, the IEPFA releases the shares or dividends electronically.

Recent reforms such as allowing self-attested documents, waiving succession certificates for claims up to Rs 5 lakh and holding Niveshak Shivir camps across major cities have made the process more accessible. A new integrated digital platform is also in the works, promising real-time tracking and automated verification. For many families, this can mean restoring long-forgotten investments that earlier seemed impossible to trace.

A chance to restore what belongs to you

The appeal made by PM Modi is simple. Do not let your family’s savings go unnoticed. Old salary accounts, forgotten insurance policies, units purchased decades ago or dividends never encashed may still be lying untouched.

The Government’s facilitation camps and these four regulator-backed portals have finally made it possible to find and reclaim that money without navigating a maze of paperwork.

If your parents ever mentioned an account they could not close, or if you suspect an old policy or investment may exist somewhere, this is the moment to check. Your money is your right. For the first time, tools exist that genuinely make it possible to get it back. Let your money find its way home.

Rahul Gandhi’s ‘vote chori’ drama in parliament: Lies, conspiracies, and a script for Western media

0

Rahul Gandhi has mastered a curious political art: losing spectacularly and still claiming moral victory. Every time voters reject the Gandhi family’s claim to the throne, he emerges not with introspection but with allegations of “vote chori”.

This week in Parliament, he repeated the same tired line: that the government has supposedly changed the law to provide “immunity” to the Election Commission of India (EC), and that key institutional safeguards have been dismantled. In Gandhi’s worldview, if India doesn’t make him Prime Minister, democracy must surely be under attack.

On Tuesday in the Lower House, amid debate over the ongoing Special Intensive Revision (SIR) of electoral rolls, Rahul Gandhi emphatically called “vote chori” the “biggest anti-national act.” He accused the EC of colluding with the ruling Bharatiya Janata Party (BJP) and its ideological affiliate Rashtriya Swayamsevak Sangh (RSS) of orchestrating a systematic capture of India’s democratic institutions, from the EC itself to investigative agencies, the judiciary, and bureaucracies.

He warned that this was not just a procedural matter but a crisis for the idea of India. “When you destroy the vote,” Rahul declared, “you destroy the fabric of this country.” He insisted that he had already placed “proof” before Parliament showing how the EC was colluding with those in power to shape elections, and pledged that if justice isn’t done, laws would be changed retrospectively.

Thus began his familiar script: grievance dressed as outrage; defeat recast as martyrdom.

Rahul Gandhi claims CJI was removed from the selection panel for the Election Commissioner

Speaking in the Lower House, Gandhi alleged that the Centre removed the CJI from the selection panel for the Election Commissioner to elect the CEC of their liking. But what Gandhi conveniently ignores to mention that this has been largely the norm to elect CECs during decades of Congress rule. Is he now suggesting that all CECs appointed during previous Congress governments were puppets?

Now, after the reforms, a committee makes the decision while Rahul Gandhi himself is a member of that committee. But somehow, this is more dangerous even though it doesn’t effectively change the way the CEC has been selected for decades? This is not ignorance. This is deceit.

“Government wants to destroy CCTV footage after 45 days”: Gandhi

Another preposterous argument floated by Rahul Gandhi was why the EC stored data only for 45 days.

Well, data retention has limits, everywhere. Each booth has a CCTV system. Do we store terabytes forever to satisfy Rahul Gandhi’s conspiracy theories? Even courts and financial institutions don’t hoard camera footage indefinitely.

Maybe Rahul should check his own phone gallery. Does he store every expired selfie till the end of time? Or is he “destroying evidence”? This is sensationalism dressed as concern.

“EC got immunity to do anything”: Gandhi

Election Commissioners can still be prosecuted, but through proper legal and Parliamentary mechanisms.This protection exists to prevent political retaliation, especially when Gandhi himself threatens ‘we will change the law retroactively’ if he ever returns to power. So who exactly sounds like a danger to institutions here?

The dynasty doctrine: Democracy means Gandhi wins

For Rahul Gandhi, elections are “free and fair” only when the Family wins. The moment mandates go against him, the script flips: EVMs become demonic, the Election Commission becomes compromised, and the Constitution suddenly needs “saving”.

We have seen this hypocrisy on loop. When Congress wins a municipality or scrapes a state government, it is hailed as proof that democracy thrives. When they lose a national election, the same democracy has “died.”

And yet, one wonders where this newfound concern for electoral sanctity was hiding during the decades when Congress ruled by intimidation and manipulation. This is the same party that imposed the Emergency (India), the darkest assault on democratic rights, where the Election Commission was expected to function like a courtier in the royal durbar.

Booth capturing, ballot stuffing, and political vendetta were once the very backbone of Congress’s electoral culture. History, of course, is an inconvenient guest in Rahul Gandhi’s selective activism.

EVM = Evil Voting Machine only when it blocks a Gandhi

His favorite villain remains the EVM, the “Evil Voting Machine”, but only when it blocks a Gandhi’s path to power. These machines were perfectly legitimate when Congress won Karnataka, Telangana, or formed coalitions elsewhere. They become sinister only when BJP registers sweeping victories. It’s almost as if the morality of technology depends on whether it delivers a seat for Wayanad’s latest resident.

Attacking institutions is the new ‘politics of love’

Rahul Gandhi claims he is defending institutions, but every institution he cannot control magically becomes biased or enslaved to the government.

According to him, the Supreme Court lacks independence, the EC dances to the ruling party’s tune, investigative agencies are “misused,” and even universities and V-C appointments are subject to ideological captures.

He suggests that under an RSS-BJP project, every institution, from elections to education, is being brought under a single ideological umbrella. The only institutions he praises are foreign-funded NGOs and narrative factories that echo his talking points. His speeches sound less like national leadership and more like an intern’s homework report for Western handlers.

From repeated failures to repeated fiction

Let’s be brutally honest: this is not a movement for democracy. This is compensation for electoral bankruptcy, wrapped in designer indignation. Rahul Gandhi is the only politician who can lose two Lok Sabha seats, barely retain one later, preside over Congress’s worst performance in history, and still claim the nation has been robbed. Instead of winning trust, he invents excuses. Instead of offering solutions, he manufactures paranoia. The slogan is simple: If we don’t win, it must be rigged.

What truly unsettles Rahul Gandhi is not EVMs, laws, or institutions. It is that India has decisively outgrown the culture of dynasty entitlement. For the first time, governance is being measured by delivery, not surnames. People see results, not royal propaganda. And that reality threatens the very foundation of Congress, the belief that ruling India is the Gandhi family’s birthright.

In the end, Rahul Gandhi’s raging theatrics expose only one thing: his frustration that Indians no longer bow to dynasties. Democracy does not owe him power. The people have spoken, again and again. It is Rahul Gandhi who refuses to listen. His shouts of “vote chori” are not a warning to India, they are a confession that the dynasty has lost its magic, and India has finally moved on.

Supreme Court allows SC certificate for girl based on mother’s caste, despite ‘inter-caste’ marriage of parents: Why this is a problematic precedent

The Supreme Court of India has made a significant, rather bizarre, intervention in a case concerning a caste-certificate issuance for a girl born to an inter-caste marriage. On 8th December 2025, the apex court allowed issuance of a Scheduled Caste (SC) certificate for a minor girl from Puducherry, based solely on her mother’s “Adi Dravida” caste, overriding the father’s non-SC status.

On Monday, the Supreme Court bench comprising CJI Surya Kant and Justice Joymalya Baghchi refused to entertain a plea challenging a Madras High Court order which directed the issuance of an SC caste certificate to the Puducherry girl based on her mother’s caste to ensure that her academic career does not suffer without it. The Supreme Court upheld the high court’s order, while leaving the broader legal questions unresolved, although the bench admitted that its decision would spark a debate.

The Supreme Court upheld the High Court order, even as it is yet to adjudicate a bunch of petitions challenging the norm of children inheriting their father’s caste.

“We are keeping the question of law open….With changing times, why should a caste certificate be not issued based on the mother’s caste?” the bench said.

With the ruling allowing SC caste certificate issuance for children of a non-SC father and an SC mother, the Supreme Court has essentially set a precedent wherein children born in the marriage of a Scheduled Caste (SC) woman and an upper caste (UC) man and brought up in an upper caste family setting would be entitled to an SC certificate.

In the present case, the mother, belonging to the Hindu Adi Dravida community, sought SC caste certificates from the Tehsildar for her three children, two daughters and a son. The SC woman argued that her non-SC husband has been residing with her parents, who belong to the Adi Dravida community.

Notably, the ‘Adi Dravida’ caste is classified as a Scheduled Caste under presidential notification dated 5th March 1964 and 17th February 2002. These notifications state that an individual’s eligibility to obtain an SC caste certificate depends primarily on the father’s caste and residential status in the state or union territory’s jurisdiction.

In accordance with the standard guidelines from the Union Home Ministry, the local officials rejected the woman’s application. Consequently, the woman moved the Madras High Court, which, in an interim order, directed the authorities to issue the SC certificate for the minor girl specifically, saying that denying the certificate to the girl would cause her academic hardship.

Ultimately, the matter reached the Supreme Court, which dismissed the Puducherry administration’s appeal against the Madras High Court order and directed authorities to issue SC certificate for the SC woman’s daughter based on the mother’s caste alone.

The Supreme Court contradicted its own previous rulings on the caste certificate issuance criteria

The Supreme Court’s recent ruling marks a subtle but significant departure, rather, contradiction, from its previous ruling in a similar case wherein it decided that a father’s caste was the presumptive determinant of a child’s caste status.

In the 2003 Punit Rai vs Dinesh Chaudhary case, a three-judge bench had ruled that in the absence of any statutory override, a child’s caste under Hindu law is inherited from the father. The court held that paternal lineage is followed for caste purposes and that the maternal lineage does not automatically confer the same status.

However, in the 2012 ‘Rameshbhai Dabhai Naika vs State of Gujarat’ case, the Supreme Court took a rather flexible stance, stating that the caste of children born in inter-caste or in tribal and non-tribal marriages cannot be determined only by their father’s caste. The bench comprising justices Aftab Alam and Ranjana Prakash Desai ruled that while it may be presumed that the child belongs to the father’s caste, it is not conclusive or irrebuttable.

“…by no means the presumption is conclusive or irrebuttable and it is open to the child of such marriage to lead evidence to show that he/she was brought up by the mother who belonged to the scheduled caste/scheduled tribe,” the court stated.

Excerpt taken from the 2012 ‘Rameshbhai Dabhai Naika vs State of Gujarat’ ruling. (Source: India Kanoon)

While in the 2012 ruling, the court took a fact-specific stance instead of issuing a blanket rule, in the current case involving a girl from Puducherry, the court bypassed the “father’s caste is child’s caste” presumption without inquiry. Unlike the 2012 case, the bench in the present case did not require or conduct an evidentiary probe into the girl’s upbringing or social treatment.

The bench directly approved the issuance of a certificate based on the SC mother’s caste, citing “changing times” and academic needs. The court did not explicitly apply the rebuttable presumption framework. Although the court did not directly comment on the mother’s argument that her non-SC husband has been residing with his in-laws, the court, in a way validated that the point that if husband lives with wife’s parents after marriage instead of the wife moving into husband’s house, then the caste of children could be inherited from the mother even if they may have not essentially faced caste-based discrimination or deprivation.

The court elevated maternal lineage over traditional paternal determinant in the caste of children solely over the claim that “the girl’s academic future would be impacted negatively in the absence of an SC caste certificate.”

This raises the question of whether a caste certificate can be used as a means for better academic or job-related prospects by children born in inter-caste marriages where the father is non-SC or upper caste, even if the children have lived in an upper caste or non-discriminative environment most of their lives.

While the 2012 judgment already allowed flexibility, the 2025 ruling’s endorsement of maternal caste issuance, that too, without rigorous rebuttal, hints that with “changing times”, the Supreme Court is favouring a doctrinal pivot. However, this could trigger challenges to the paternal-lineage-for-caste tradition in reservation policies.

Even though the Supreme Court’s ruling in the present case grants immediate relief to the girl, it sets a precedent posing a risk to the integrity of reservation quotas. Reservations for SC/ST communities are mandated to address caste-based injustices and discrimination faced by the community members. The reservation benefits were tied to the father’s caste to ensure that only children demonstrably embedded in marginalised or disadvantaged communities qualify for quota benefits and to prevent dilution of the creamy layer.

If the court decides to allow maternal inheritance of caste without a thorough social inquiry, would it not be opening doors for several other inter-caste couples where the mother is SC, to claim caste-based benefits for their children, despite there not being genuine grounds like social discrimination or deprivation in jobs, etc? There have already been numerous cases wherein people forged fake caste certificates to avail caste benefits meant for reserved groups for jobs or college admissions. In some cases, it even turned out that individuals availing caste benefits for themselves and their children converted to another religion and yet continued to claim caste reservation benefits.

Opening up the maternal caste lineage window, without addressing the question of law, the court risks opening up doors for misuse of caste quotas and benefits.

There is also another problematic aspect to this case. If the caste of children can be based solely on the mother’s caste, or the caste of either parent, as per convenience, then what has been the point of the government and even the judiciary promoting inter-caste marriages?

The ‘Jamai Tola’ menace in Jharkhand, and how the Supreme Court ruling endorsing maternal caste lineage could legitimise caste quota misuse

The implicit legitimisation of maternal caste lineage may have alarming implications across the country, especially in border and tribal regions. It has been seen how non-indigenous and non-Hindus, including Muslim immigrants and Bangladeshi illegal settlers, in areas like Jharkhand’s Santhal Pargana division and West Bengal’s Jangal Mahal area, have systematically been misusing Scheduled Tribe (ST) benefits through marriages to tribal women. They are claiming ST caste status for their children by invoking the tribal mother’s caste.

Last year, it was reported that Muslims in Jharkhand were marrying tribal women to buy land and contest elections in ST-reserved constituencies. These marriages after conversion to Islam are performed to contest elections. The term ‘Jamai Tola’ has been in common use in tribal areas in Santhal Pargana, referring to localities where non-ST males have married ST women and got ownership of land as ‘gift’ or donations by convincing the bride’s family. The marriages also aim to purchase land. The Jamai Tolas are essentially using marriage with ST women for electoral and financial benefits while also altering the demography of the tribal regions.

In October 2024, Asha Lakra, a member of the Scheduled Tribes Commission, submitted a 32-page report to the President, Jharkhand Governor and the Union Home Minister, highlighting the menace of Bangladeshi illegal infiltrators debt-trapping tribal families and then marrying their daughters in exchange for releasing them from the liability.

The report stated that Bangladeshi Muslim illegals marry non-Muslim tribal women, bring them into politics to grab power, land, valid documents like ration cards and Aadhaar cards. The situation has been particularly alarming in Jharkhand’s Santhal Pargana and Sahibganj, where there has been a massive influx of Bangladeshi Muslim infiltrators.

“In Sahibganj, tribal families are being entrapped by getting them into a debt trap by giving loans of Rs 5000, which gradually end up with a debt of over Rs 50,000 within a few months. In case of non-payment, Bangladeshi infiltrators demand that tribal families marry off their daughters to them against the debt. The Bangladeshi infiltrators are also grabbing tribal land through donation deeds (daan patra) obtained from the notary,” Asha Lakra said.

Bangladeshi illegals lure tribals with small loans that soon balloon into unpayable sums under a calculated strategy to eventually coerce marriage with their ST daughters as payment. The court validating maternal caste lineage for children would, in such marriages, allow children who, in reality, would be Muslim but ST on paper to secure reservations in education, jobs, and land rights, diluting benefits meant for genuine tribals, in a blatant erosion of tribal rights.

Notably, under the Santhal Pargana Tenancy (SPT) Act, local tribals cannot sell their land to anyone, and thus, the Bangladeshi Muslim infiltrators devised a loophole, Daan Patra. The Bangladeshi illegals forge fake documents and make tribals give them ‘Daan Patra’ or donation deeds for their land. This land is often misused for illegal activities.

A non-tribal contesting elections or purchasing land under the cover of a marriage to an ST woman or a non-SC/ST man availing reserved caste benefits defeats the very objectives of reservation. Neither a non-backward caste woman marrying a backward caste male, nor a non-backward caste male marrying a backward caste woman, nor subsequent recognition by the backward community as its member, should enable non-backward caste individuals to claim reservations.

With specific alterations, this pattern might be replicated across the country if maternal caste lineage is prioritised for reservation even in intercaste marriages, based on vague interventions citing ‘changing times’ or ‘academic imperative’. In tribal areas where Bangladeshi Muslim infiltrators are debt-trapping tribals for marriage with tribal girls, the Supreme Court ruling could inadvertently end up rewarding infiltration and loophole misuse, turning affirmative action into a weapon for demographic change rather than social justice or upliftment.

Several sections of converted Christians, and Muslims have already been demanding reservations, and the Supreme Court ruling allowing children born in inter-caste marriages where only the woman belongs to SC or ST group to obtain caste certificate and avail benefits, would encourage such marriages and misuse of reservation quotas. These concerns need to be addressed by the judiciary and the Central government.

27% properties on Umeed portal with less than 1% registration from Bengal: Why Waqf Boards failed to meet deadline upheld by SC, despite centre’s extensive help

The “Unified Waqf Management, Empowerment, Efficiency and Development Rules, 2025” were announced by the Modi government on 3rd July. Earlier on 8th April, a digital framework under the Waqf (Amendment) Act, 2025, was implemented for the management of Waqf properties through a centralised platform. The objective was to digitise records, enhance oversight, expedite audits and introduce transparency through different IDs.

Nevertheless, only a little over a quarter of the properties have found their place on the website, even after the six-month period granted by the centre. According to data, just 2.16 lakh of the 8 lakh Waqf properties have been registered on the Umeed website as the window closed on 6th December in line with the Umeed Act, 1995. The platform was inaugurated by the Minister for Minority Affairs, Kiren Rijiju, on 6th June.

The Ministry of Minority Affairs informed, “5,17,040 Waqf properties were initiated on the portal. 2,16,905 properties were approved by the designated approvers. 2,13,941 properties have been submitted by makers and remain in the pipeline as of the deadline. 10,869 properties stood rejected during verification.”

The data suggested that Karnataka registered the most properties (81%) at 52,917. Jammu & Kashmir came second with 25,046 (77%) assets. Punjab recorded 24,969 (90%), and Gujarat listed 24,133 (61%) holdings. Uttar Pradesh was able to start the registration procedure for most properties at 86,345, as Maharashtra, Karnataka and Kerala followed with 62,939, 58,328 and 42,772, respectively.

Only 789 (5%) Shia Waqf Board filings have been processed in Uttar Pradesh compared to 12,982 (11%) Sunni Waqf Board registrations. It is the sole state with distinct Waqf Boards for the two faiths, aside from Bihar. 11,391 properties were uploaded by Shia and Sunni Waqf boards in Bihar, as officials confirmed 100% completion of the registration process.

Out of 36,700 Waqf properties, 17,971 (48%) had been registered in Maharashtra, and the number was 40,000 from 51,000 properties in Telangana.

Arunachal Pradesh, Mizoram, Sikkim and Nagaland did not share details on the portal, while 681 properties from Assam, 393 from Manipur and 13 from Meghalaya had been published. Goa and Ladakh likewise reported no uploads.

West Bengal is among the states with the lowest performance and registered only 716 assets out of 80,480 (0.89%). The All India Trinamool Congress (AITC or TMC) government had been refusing to enforce the Waqf (Amendment) Act for months until recently, when it issued instructions to share details about these assets to the online platform.

Chief Minister Mamata Banerjee previously declared, “We won’t follow the act and have opposed it in the state legislative assembly. The state government has filed a case in the Supreme Court. The case is still on, and I won’t allow anybody to touch the Waqf properties,” at a rally in the Malda district.

Waqf was also backed by the party’s Lok Sabha MP Kalyan Banerjee, who branded it a “core belief” and an “integral part” of Islam, during a discussion on the Waqf Amendment Bill, 2024. The party even fuelled protests to appease its Muslim vote bank in the state.

Notably, the nation is home to 8.8 lakh Waqf properties. Uttar Pradesh leads with 2.4 lakh assets next to West Bengal (80,480), Punjab (75,511), Tamil Nadu (66,092) and Karnataka (65,242). The properties had to be registered in three steps: mutawallis completed the first phase, Waqf Board officials executed the second, and Waqf Board CEOs (Chief Executive Officers) accomplished the third.

Ministry of Minority Affairs played a crucial role in aiding every step of the process

The Ministry of Minority Affairs conveyed that it held ongoing training sessions and workshops with state/UT (Union Territory) Waqf Boards and Minority Departments to support this extensive national exercise. Additionally, a two-day Master Trainer Workshop was organised in Delhi to provide state/UT officials and Waqf Boards with practical instruction for the uploading procedure.

Seven zonal meetings were conducted countrywide, and senior technical and administrative teams were assigned to various states. The ministry office also set up a dedicated helpline for technical assistance and prompt resolution of any problems that arose during the process.

Secretary Dr Chandra Shekhar Kumar attended more than 20 review sessions since the portal’s debut, constantly directing, inspiring and keeping an eye on states and UTs to guarantee the timely and accurate posting of current Waqf property records.

The ministry lauded, “The conclusion of this phase marks a significant milestone in bringing transparency, efficiency, and unified digital management to Waqf properties across India under the Umeed framework.”

It also highlighted that “in the final count, the momentum significantly accelerated as the deadline approached. Many review meetings, training workshops, and high-level interventions, even at the secretary level, injected renewed pace into the process, making the upload surge in the last hours.”

Supreme Court upheld the centre’s deadline

On 1st December, the Supreme Court had declined to extend the deadline for updating the information of registered Waqf properties, including “Waqf by user,” on the Umeed site in a significant victory for the centre. The petitioners claimed that technological issues prevented them from submitting the details on the platform, and it was also difficult to locate the Waqf property mutawallis (caretakers) who needed to update the information on the website.

The decision was pronounced by a bench of Justice Dipankar Datta and Justice Augustine George Masih. “Approach the tribunal. Let them decide on a case-by-case basis. We can’t rewrite the Waqf Act,” the court directed and asked, “The statute already provides a remedy. Avail it. Why should we interfere?”

The bench emphasised that it cannot intervene when parliament has predetermined a particular procedure to settle disagreements pertaining to the registration procedure. “If the time freezes (in the portal), you cannot be held responsible. If at all the tribunal allows you, your six months will be counted, and your application will be considered. You do not need permission. If difficulty arises, you can always file an application before us,” it remarked. The verdict triggered an abrupt increase in uploads.

No extension for Waqf registration

Now that the portal is closed, mutawallis who neglected to register their properties have to apply to the Waqf tribunal to request a six-month extension. The tribunal then must review each case before awarding more time, leading to a new round of paperwork. Kiren Rijiju also confirmed that the registration date would not be postponed.

He did, however, mention that those who tried but were unable to complete the registration would not face any consequences and could appeal to their state’s waqf tribunals.

Rijiju mentioned, “This is not an extension of the uploading deadline. Mutawallis who are unable to complete the registration process by 11:59:59 pm. on 6th December can approach the Waqf tribunal, which has the legal authority to grant an extension. I have repeatedly emphasised that any change in the legally mandated timeline is not possible, as it is bound by the law passed by parliament and upheld by the Supreme Court.”

He further stressed, “The Supreme Court was clear on its instructions that the date cannot be extended after the six-month deadline, but the tribunal has the authority to extend it further by up to six months. We try our best to give the maximum relief to our people, but some things are bound by law. Since the parliament has passed the Waqf Amendment Act, we cannot change the law.”

However, the minister assured that the centre would not apply any penalties or take stern action for the following three months, as a humanitarian and facilitating measure.

AIMPLB, Waqf Boards raise complaints

All India Muslim Personal Law Board (AIMPLB) spokesperson SQR Ilyas voiced, “After SC refused to extend the deadline of the portal, mutawallis across the country rushed to upload waqf properties. However, reports have been pouring in about technical glitches and that the portal is repeatedly crashing, slowing down and at times stopping entirely.” He further claimed that “it is almost impossible to upload details of lakhs of Waqf properties within such a short period.”

Furthermore, the board sent a letter to the Minister of State for Minority Affairs, George Kurian, requesting an urgent meeting to address the technological problems and requesting additional time.

The board’s general secretary, Maulana Muhammad Fazlur Rahim Mujaddidi, stated in the letter delivered by email and post that the upload timeframe was too short “due to the portal’s slow speed and other technical problems.” He alleged, “Though the board and various religious community organisations held workshops across the country and set up help desks, the sheer volume of work remains overwhelming.”

Syed Ali Zaidi, the Chairman of the Shia Central Waqf Board, mentioned that around 7,800 Waqf properties in Uttar Pradesh are recorded with the Shia Waqf Board. He stated that the portal is not operating effectively, and it would require three to six months to list all the necessary data, reported Dainik Bhaskar. Zeeshan Rizvi, the board’s CEO, insisted that only two or three properties and occasionally four can be uploaded on Umeed each day.

Waqf Boards and mutawallis of the properties similarly complained about multiple problems, including the portal glitching and crashing, the inability to locate documentation regarding properties that date back hundreds of years and the disparity in measurements utilised to measure land in distinct states.

On the other hand, officials from the Waqf Board announced that they are going to start filing demands for an extension to upload paperwork and register properties on the portal to Waqf tribunals in their respective states. A Uttar Pradesh Sunni Central Waqf Board member warned, “The tribunals in states where registrations are low will face a flurry of applications seeking extensions for the process.”

According to senior advocate Shariq Abbasi, properties that were not uploaded would have to be submitted to the tribunal. He added that the matter could be taken to the high court and even the apex court if the tribunal’s decision is not in Waqf’s favour. However, if no relief is obtained afterwards, the holdings might be subjected to government intervention.

Officials refute claims, outline facts

However, akin to the manner in which the aforementioned ministry indicated its support throughout the entire process, officials also reiterated the same. An officer noted, “We have deployed all resources, including technical staff, to handle the rush. If the Umeed portal has successfully handled over one lakh uploads in just the past 100 hours, how can its functionality be questioned on grounds of hanging or malfunctioning?”

He pointed out that for “nearly four months there were few uploads and now the sudden surge has created an unusually heavy load, prompting complaints that stem more from delayed action than from any flaw in the portal itself.”

The Umeed portal served as an extension of the efforts to address the nefarious practices within the Waqf Boards, which have encountered numerous allegations of corruption, misuse of authority and illegal occupation of public and private lands, among other concerns.

However, the reality is apparent. The Waqf Boards failed to register their properties on the portal. They were preoccupied with protesting the Waqf Amendment Act, driven by the insidious remarks of “secular parties,” leftist-liberal lobby and other Muslim leaders. The Supreme Court was also approched in an attempt to overturn the law passed by the Indian Parliament.

Nevertheless, the protests did not manage to exert pressure on the Modi government and the judiciary adhered to its constitutional responsibilities. As a result, the Waqf Boards did not obtain any relief from either side. The time allocated to them was voluntarily squandered either in agitating or refusing to comply with the law, despite a willing government ready to assist them at every stage to simply and aid the process.

Now, as their methods did not produce the expected outcomes, the boards had no alternative but to register their properties. However, this sudden influx just before the deadline impacted the portal. If the boards had commenced to fill their assets since June, this issue would not have arisen and any minor challenges that surfaced would have been resolved by the effective system established by the government.

Therefore, if anyone is to be held accountable for the present issues, it is the Waqf Boards that presently desire special consideration from the centre. Their actions have not only created additional issues for themselves but have also increased the workload for officials and administration as well.

Anti-Hindu DMK gathers INDI bloc partners to target Justice GR Swaminathan of Madras HC who gave Thiruparankundram order: How the ‘secular liberals’ attacks judiciary when orders are not in their favor

0

The traditional Karthigal Deepam ritual at Thiruparankundram is a practice older than political parties. It is even older than several structures on the hill. However, the Hindu traditional practice required the intervention of the Madras High Court just because the DMK government refused to allow the ceremonial lamp to be lit at the hilltop Deepathoon rejecting Dargah’s objections. It was a straightforward question of religious practice in Tamil Nadu. However, what happened after the court allowed the ceremony to happen at the hilltop has spiralled into a confrontation that touches the very core of India’s constitutional balance.

The order passed by Justice GR Swaminathan of the Madurai Bench of the Madras High Court said that the Deepam must indeed be lit at the traditional location. It should have been a routine administrative compliance but has turned into a full-blown standoff between the justice system and the state government.

Despite the clear order, the administration not only failed to carry it out but mounted a series of objections, procedural delays and barricading measures that actively prevented devotees from performing the ritual. A contempt petition had to be filed, and even after the court reiterated its instructions, the state refused to carry them out.

The conflict dramatically escalated when the judiciary had to call for CISF protection to ensure that Hindu devotees could simply light a lamp. In a democratic setup, a court calling central security forces to protect Hindus is unimaginable but it happened in the DMK-ruled state. The issue is no longer a mere question of religious custom. It is a confrontation between an elected government and the judiciary it is constitutionally bound to respect.

What has further intensified the controversy is the fact that Members of Parliament (MPs) belonging to the INDI Alliance have now submitted an impeachment notice against Justice Swaminathan himself. The judge’s crime, if it can be called that, was that he enforced a centuries-old tradition and insisted on compliance with judicial orders. The move has raised unprecedented concerns about political retribution against the judiciary and appears to confirm fears that certain opposition parties are willing to punish judges who refused to toe their ideological line.

Notably, since the BJP-led NDA came to power for the third time in the centre, the opposition parties have become more restless and aggressive, consistently seeking methods to put strain on the constitutional and communal fabric of the country.

INDI bloc impeachment plan and the threat it poses to judicial independence

It did not take time for the administrative defiance to turn into political drama. MPs from the INDI Alliance have filed an impeachment motion against Justice GR Swaminathan. Their sights are trained on a judge whose only act was to uphold the law and protect a ritual from arbitrary interference.

In constitutional terms, impeachment is intended to be an extraordinary measure used only in cases of grave misconduct. In the present case, there is neither misconduct nor any impropriety. The impeachment plan thus appears to be a punitive response against a judge who refused to accommodate political pressure and insisted on judicial compliance.

The implications of the step taken by the INDI Bloc are severe. If political parties begin to deploy impeachment as a weapon to punish judges who deliver rulings they dislike, judicial independence itself becomes endangered. The threat alone can have a chilling effect on future benches. It is a method of intimidation dressed in the form of a constitutional provision.

This impeachment effort does not exist in isolation. It sits atop decades of historical precedent where opposition parties, chiefly Congress and DMK-aligned groups, have deployed pressure, coercion or retribution against the judiciary whenever rulings conflicted with their political interests. The Madurai Deepam episode is simply the latest flashpoint that illuminates a disturbing pattern.

A historical pattern of judicial intimidation resurfaced

In 1973, the Congress government superseded judges and appointed Justice AN Ray as Chief Justice over the heads of three senior judges who had ruled against the Kerala government in the Kesavananda Bharati case. It is known as one of the darkest episodes in India’s judicial history.

The government repeated the act in 1977 by superseding Justice HR Khanna, whose courageous dissent in the ADM Jabalpur case asserted that the right to life could not be suspended even during the Emergency. When MH Beg was appointed as CJI superseding Justice HR Khanna, he resigned from his post. These events were not isolated accidents but ideologically driven manoeuvres that compromised judicial independence.

During the Emergency, the judiciary suffered further erosion when as many as 21 High Court judges were transferred without consent. These transfers were widely seen as efforts to discipline those who had shown independence and to reward those viewed as “committed” to the Indira Gandhi-led government’s agenda.

Then in 2018, several opposition parties attempted to impeach then CJI Dipak Misra over the Justice Loya case. The motion was rejected by the Rajya Sabha Chairperson for lack of merit. However, the purpose was clear, that is, to intimidate the judiciary at a moment when politically sensitive cases were before the court.

In 2023, TMC-affiliated lawyers physically blockaded the courtroom of Justice Rajasekhar Mantha and prevented him from conducting hearings after his ruling favoured the BJP. Derogatory posters were plastered across Kolkata calling him a “disgrace.”

Then in 2024, the opposition launched yet another attack on the judiciary by moving an impeachment motion against Allahabad High Court Judge Shekhar Kumar Yadav over his remarks at a VHP event. Signed by 55 MPs, the proposal accused him of “hate speech” and “communal bias”, conveniently ignoring that judges across the ideological aisle routinely make far more provocative statements without consequence.

The history is clear. The move to impeach Justice Swaminathan fits a well-established template. Once again, a judge who issued a ruling that displeased the political class finds himself at the receiving end of a coordinated offensive.

Court orders ignored as the standoff deepened – How the case intensified

The first major rupture occurred when the HR&CE department, controlled by the DMK government, refused permission for the Deepam to be lit at the hilltop. Devotees, forced into litigation, secured a clear High Court order that upheld the ritual’s continuity. The matter should have ended there.

However, the government treated the matter not as a civil question but as an adversarial battle. The state filed objections and raised procedural hurdles that delayed implementation of the High Court’s order. The administration insisted that the ritual posed some “undefined communal danger” just because there is an Islamic structure on the hill. The argument is untenable and reflected hostility not to tension but to Hindu worship itself.

When the first order was defied, the petitioners approached the court again through a contempt petition. The court repeated its instruction. However, the state failed to comply again. Officials on the ground erected barricades to prevent devotees from reaching the site and continued to maintain a posture of institutional defiance.

What made the matter worse was that the state decided to challenge not only the contempt proceedings before the Supreme Court but also the single-judge order before a Division Bench. Multiple appeals were based not on administrative feasibility but on a strategy of delay and resistance.

When the High Court called the CISF to directly intervene and protect devotees going to light the lamp, the state stopped the CISF at the foot of the hill. The confrontation between the devotees and state police turned violent. Devotees were stopped and pushed by the very state that was supposed to help in honouring the High Court’s directions.

DMK’s ideological hostility towards Hindu rituals expresses itself in governance

To fully understand the blow-up in Madurai, it is necessary to locate it within the DMK’s long-standing ideological posture. The party leadership has repeatedly displayed overt hostility towards Hindu practices and beliefs. Udhayanidhi Stalin’s infamous declaration that Sanatan Dharma must be eradicated like dengue or malaria was not a spontaneous slip but a written speech reviewed beforehand and delivered publicly.

A Raja extended the analogy to HIV and leprosy while referring to Hindu devotees in derogatory terms. Neither faced disciplinary action; both remain influential voices within the party.

These patterns of speech have parallel expressions in administrative decisions. During the Ram Mandir Pran Pratishtha, the Tamil Nadu government attempted to block livestreams of the ceremony across the state. Devotees watching the event inside a Chennai temple were booked under criminal charges, a move later struck down by the Supreme Court, which called the state’s conduct “atrocious.”

What happened at Thiruparankundram is thus not an aberration born of administrative confusion. It is part of a continuum in which Hindu rituals, symbols and practices are treated with suspicion or disdain, and where state machinery acts as an instrument to contain or curtail expressions of Hindu devotion.

A national moment of reckoning for judicial independence

The Karthigal Deepam ritual case now reflects a much larger national problem. On one side, there is the judiciary, which simply upheld an old ritual and protected devotees. On the other side, there is a government that ignored court orders, blocked the ritual and then supported moves to impeach the judge who insisted on compliance.

This is no longer about the lamp on a hill. It raises serious concerns about judicial independence, especially if impeachment is used to pressure judges. If such actions continue, future judges may hesitate to rule against powerful governments. It will weaken the basic promise of equal protection under the law. The DMK, with its decision to stop the ritual, has revealed a deeper attempt to undermine constitutional values.

Netflix about to own Harry Potter, Game of Thrones and more with Warner Bros takeover, Paramount launches hostile bid: Entertainment war explained

Netflix and Paramount Skydance have launched one of Hollywood’s biggest and most intense battles to buy Warner Bros Discovery. This showdown will decide who takes control of some of the entertainment industry’s most valuable assets, including HBO, CNN, DC Comics, and Warner Bros Studios.

The race to acquire Warner Bros Discovery started quietly but soon turned into an openly competitive fight. This takeover will shape the future of major film and TV properties that have huge fan bases worldwide. Both Netflix and Paramount Skydance are determined to win, making this a defining moment in the entertainment business.

Warner Bros Discovery’s journey so far

Warner Bros Discovery’s story has been one of constant change. Over the past 20 years, the company’s parent firms have gone through three big reorganisations, responding to shifts in the media world and the trend of larger companies merging. These changes have set the stage for the current battle.

The latest chapter began in early September when Paramount Skydance first reached out about joining forces with Warner Bros Discovery. Although these talks started in secret, discussions between Paramount’s CEO David Ellison and Warner Bros Discovery’s head David Zaslav stretched for months. The talks slowly heated up as both sides explored possibilities.

Negotiations and rejections

Paramount kept trying to find a way to make the deal work. They sent several proposals and adjusted their offers based on Warner Bros Discovery’s concerns, according to a detailed securities filing. But Warner Bros Discovery rejected many of these offers. The growing differences eventually led to a sharp breakdown in talks by early December.

This fallout pushed Paramount to switch tactics. Instead of negotiating quietly, they launched a hostile takeover bid directly aimed at Warner Bros Discovery’s shareholders. This is a more aggressive and public move, signalling how serious Paramount is about winning the deal.

Why Paramount went hostile

Paramount provided a clear explanation for moving to a hostile bid. Even though there was a positive meeting in late November where top executives explored future roles in a merged company, the relationship between the two sides quickly went cold.

Paramount said Warner Bros Discovery delayed signing a “clean team” agreement, which would have allowed Paramount to view sensitive company information essential for their analysis. Without this, Paramount’s legal team warned that the delays would put them at a disadvantage.

Adding to the tension, Warner Bros Discovery’s Chairman Emeritus John Malone publicly supported Netflix’s role in the takeover and claimed that Paramount’s offer disrupted Warner Bros Discovery’s strategic plans. This public backing showed the board was leaning toward Netflix, which made Paramount feel the process was no longer fair.

On 3rd December, Zaslav called Ellison to say the Warner Bros Discovery board worried about the financial guarantee from the Ellison family. They thought this could make it harder to get regulatory approval. Paramount argued that strong financial backers, including sovereign wealth funds, had already committed, but the board remained unconvinced.

On 4th December, Ellison sent messages asking for a chance to discuss a revised offer, describing it as an “honour” to partner with Warner Bros Discovery. However, these messages went unanswered. By midday, Paramount raised its bid to $30 per share, a massive $108.4 billion valuation and told Warner Bros Discovery that this was not its highest offer. But that evening, Warner Bros Discovery appeared to enter exclusive talks with Netflix about selling its studios and streaming business.

Paramount’s bold strategy

After Netflix’s announcement, Paramount bypassed Warner Bros Discovery’s management and took its offer directly to the shareholders. Paramount’s hostile takeover bid has been open for 20 business days and can be extended. The all-cash offer is financially backed by the Ellison family, Jared Kushner’s investment firm Affinity Partners, and several Middle Eastern state-linked funds.

To avoid delays linked to national security review boards, Paramount removed some investors like China’s Tencent from its group and limited the control foreign investors would have. This strategy aims to help the deal avoid strict government scrutiny.

David Ellison said their goal is to fight for the best value for shareholders of both companies. Warner Bros Discovery responded by saying its board has maintained a fair and open process with all bidders, and that the bids themselves tell the story.

The Warner Bros Discovery board now has 10 days to respond to Paramount’s hostile bid, and its decision will shape how this fight unfolds.

Netflix’s early move and political reaction

While Paramount was trying to bring back talks, Netflix had already made its own proposal to buy Warner Bros Discovery. Netflix, as the world’s largest streaming service, is preparing for what could be one of the toughest antitrust reviews ever faced by a media deal.

US President Donald Trump has been watching closely. While he praised Netflix CEO Ted Sarandos for his work and expressed respect, Trump also raised concerns about putting HBO’s popular content under Netflix’s control, hinting it could create too much market power. Trump signalled that he might get involved in the review process.

On the day Paramount revealed its shareholder bid, Trump used his social platform to criticise Paramount for running an interview featuring conservative Congresswoman Marjorie Taylor Greene, showing the complex political currents tied to the deal.

For Netflix, the political environment is tricky. Sarandos has had friendly ties with Trump ever since a private dinner at Mar-a-Lago in late 2024, but parts of Trump’s base want the Department of Justice to block the Netflix deal. Conservative figures like Steve Bannon and Matt Gaetz have also criticised the merger, renewing concerns similar to those voiced during the AT&T and Time Warner merger review years earlier.

Despite the challenges, Netflix is confident. Sarandos called Paramount’s hostile bid “completely expected” and said he believes Netflix can successfully close its deal with Warner Bros Discovery. Netflix is even offering a record $5.8 billion breakup fee to Warner Bros Discovery, payable if the deal fails due to regulatory problems.

What the winner will change in Hollywood

If Paramount Skydance wins, it would become the most powerful player at the box office, surpassing Disney in the US and Canada. This deal would bring the entire Warner Bros library, including DC superheroes and HBO’s award-winning shows, the entire Harry Potter movies, games, series and theme parks globally into Paramount’s content vault. This would dramatically boost Paramount+ with access to some of the entertainment world’s biggest brand names in the last 20 years.

On the other hand, if Netflix succeeds, it would combine the largest global streaming platform with one of the most respected entertainment libraries in the world. This would strengthen Netflix’s lead in the streaming wars as traditional cable TV keeps losing viewers and audiences are split across many platforms.

HBO, currently under the Warner Bros banner, owns some of the most critically acclaimed and popular TV shows in the last decade, including Game of Thrones series and its spinoffs, Last Of Us, Westworld, and rights for the Harry Potter TV series, which is currently at the filming stage.

Currently, Netflix holds around 8% of the US TV streaming market, while HBO Max and other services face strong competition from fast-growing digital platforms. Meanwhile, YouTube, owned by Alphabet, remains the leader with nearly 13% viewership in the US. YouTube’s mix of user videos, music, ads, and live shows, with almost 2.9 billion users worldwide, sets a tough standard for Netflix and Paramount to meet.

The debt load that comes with Warner Bros Discovery  

Buying Warner Bros Discovery means taking on a heavy debt burden of about $35 billion, mostly from its 2022 merger between WarnerMedia and Discovery. This big debt has limited the company’s ability to invest in new projects and slowed growth in some areas.

Paramount would take on about $30 billion of this debt, while Netflix would assume around $10 billion. The difference reflects each company’s plans to restructure and finance the business after the purchase. Paramount is relying on financial support from the Ellison family and institutional investors, while Netflix is counting on its solid market value and global subscriber base.

Share price reflects the battle

Since news of Paramount’s interest became public in September, Warner Bros Discovery’s stock has more than doubled, showing how much investors are focused on this battle. The stock even rose more than 4% after details about the sale process were revealed.

With so much at stake, the decision by Warner Bros Discovery’s board in the next 10 days on Paramount’s offer will be critical in shaping the future of Hollywood’s entertainment giants.