Home Blog Page 6896

AG KK Venugopal expresses his displeasure on CJI Gogoi’s refusal to hear petitions

0

Attorney General KK Venugopal on Monday strongly objected on CJI’s methods to deal with cases. According to him, Justice Gogoi is hastily doing away with the cases without hearing out the arguments.

In a hearing of a case on Monday involving AG Venugopal, Justice Gogoi was predisposed to quash it. However, miffed AG Venugopal sternly argued with Justice Gogoi forcing him to reverse his decision.

Venugopal was arguing in behalf of Rajasthan government. The case was about payment of interest in case of delay in depositing entry tax by a company.

AG Venugopal argued, “My clients have come from far away parts of the country but Your Lordships don’t even hear their arguments and dismiss cases saying you have read it. This is not the way, at least at the admission stage they should be heard.”

Heeding to AG’s outburst, CJI Gogoi reversed his decision and acceded to hear the matter after pending cases were dealt with. CJI Gogoi said, “Alright Mr. Venugopal. We take your statement in the right spirit. You may now argue.”

After Justice Gogoi assumed the charge of the apex court, he has been steadfast in his approach to decline mentioning and reject the dilatory tactics of adjournments. However, this alacrity wasn’t displayed in the hearing of the Ram Janam Bhoomi case whose verdict was moved to January 2019. In fact, the SC, yesterday, declined early hearing of pleas in Ram Janmabhoomi-Babri Masjid title dispute case. One wonders why his approach is not applied indiscriminately in all cases.

Ironically, Justice Gogoi has also stated that he has devised a plan to deal with the pendency of the cases.

Rahul Gandhi lies again, this time about the Modi government’s affidavit on the Rafale deal

Continuing with his policy of spreading lies about the Rafale deal, Congress President Rahul Gandhi has gone ahead and has lied about a publicly available document. In a tweet posted today, he has said that Modi has accepted that he stole in the Rafale deal in the affidavit filed with the Supreme Court giving detail of decision-making process in the Rafale deal. He also wrote that govt has accepted in the affidavit that they changed the contract without consulting Indian Air Force and put ₹30,000 crore in the pocket of Ambani.


We are not sure whether the Congress President has read the affidavit or not, but we can tell that the affidavit does not mention anything that Rahul Gandhi has tweeted.

Allegation 1: Air Force was not consulted

There was no question of not consulting the air force. The Indian Air Force was completely involved in the entire bidding process for 126 Medium Multi-Role Combat Aircraft (MMRCA) that India planned to buy during the UPA rule. Many people don’t realise that the deal to buy 36 Rafale jets is not different from the original deal to buy 126 jets. It is just an extension of the original deal. If it was a separate standalone deal, it had to start from the beginning.

In 2007, UPA government invited bids to buy 126 fighter jets, as per the requirement of IAF. There were six bidders in the deal, and Dassault had emerged as the winner in 2012 after a long process. The Indian Air force was an integral part of this entire process. The UPA government did not select Rafale on its own, IAF did the evaluation of the contender planes and selected Rafale.

The original bid was to buy 18 Rafale planes directly from Dassault, while the rest 108 was to be made in India by HAL. Both the components of the deal were different. As there were differences over the planes that were to be made by HAL, the deal could not be finalised.

While the deal remained stalled for 3 years, the urgency of new jets for IAF was increasing. The number of fighter planes belonging to IAF was decreasing due to crashes and retirements. At the same time, India’s enemy nations were adding fighters at a rapid pace. Due to this reason, the Modi government decided to go ahead with the direct purchase of Rafale jets from Dassault as per the original deal, while dropping the HAL made part of the deal.

Only change the government made was double the size of this order from the original 18 jets to 36, which equals 2 squadrons for IAF. The IAF was waiting for 126 jets, which was not coming, now they are at least getting 36 jets. The IAF had already selected the Rafale jet, so there was no question of not consulting them in selecting the planes for buying.

The affidavit filed by the government says the Defence Procurement Policy of 2013 was followed in every step of the decision-making process. The 36 planes were ordered as per the process already completed during the earlier bid for 126 jets. The top decision-making body in DPP is the Defence Acquisition Council (DAC). DAC includes the chief of staff of the Air Force, along with other two service chiefs and top bureaucrats in the Defence Ministry.

The affidavit also informs that the negotiation for the 36 jets was then done by an Indian Negotiation Team (INT). INT was headed by the Deputy Chief of Air Staff. This means the air force was deeply involved in the discussion for the deal, contrary to Rahul Gandhi’s allegation. As informed by Dassault CEO, India secured a discount of 9% for the 36 jets compared to the price India was paying for the direct purchase of 18 jets in the original deal.

Allegation 2: Modi gave Anil Ambani ₹30,000 crore

Despite being refuted innumerable times, Rahul Gandhi still repeats the lie that Modi has given ₹30,000 to Anil Ambani. No, the affidavit filed by the government of India does not make any such statement. In fact, the affidavit says that there are 35 vendors in the deal with offset obligations. This includes two main vendors, Dassault and weaponry supplier MBDA, and their 21 and 12 tier-I sub-vendors respectively.

Portion of Indian government's affidavit on the Rafale deal
A portion of Indian government’s affidavit on the Rafale deal

The affidavit also clearly mentions that the share of Dassault Aviation in total offset is 19.9% only. This means, even if entire offset obligation of Dassault goes to Reliance, that would be less than ₹6,000 crore, not ₹30,000 crore. But Dassault has not given its entire business to Reliance, it has set up a 49:51 joint venture with Reliance, where the total investment will be ₹800 crore, 49% of which will be invested by Dassault and rest 51% to be put by Reliance.

This means Reliance is not getting any money in their pocket from Dassault. Dassault will be investing around ₹400 crore in the JV, and Reliance will have to invest a similar amount. The allegation of Anil Ambani getting ₹30,000 crore from Dassault has no base at all. Dassault CEO Eric Trappier has also added that the share of Dassault Reliance JV in its offset obligation will be 10% only.

It is time Rahul Gandhi stops making such wild allegations and start playing the role of a responsible opposition leader.

The Mahaparva of Chhat Puja: Here is what it means

There is a section of people who ridicule Hindu Dharma for its caste system. They do that because they are largely ignorant of a mega-festival of Chhat Puja which has infringed all the hindrances of caste, creed, race, gender and region.

The festival which is not a Parva (festival) anymore but rather it has got the prefix Mahaparva (a mega festival) which is widely used to acknowledge it. From the banks of holy Ganges in a remote village of Patna to the banks of the historical Potomac river in the USA, this festival has granted people with a grand get-together for which they wait for a full year.

Way before PM Narendra Modi transmuted cleanliness into an awe-inspiring mass movement, there existed and still endures a short-term Swachhta Abhiyan which begins as soon as the Diwali hangover gets over.

Few days before the commencement of the festival scores of people flock to the Ghats to clean all the garbage there and provide them with the polished looks. The ghats are then decorated by the locals with flowers and the banana leaves. With the growing popularity of the Chhath, local administrations have also become aware and provide assistance in cleaning the banks of the rivers, ponds and reservoirs which see a celebration of this festival on their banks.

Those who are far from the ground reality and see every vicious incident with the angle of caste-related violence should at least once in their lifetime pay their visit to Chhath ghats on the evening of Surya Shashthi (6th day of the Kartik month in a Hindu calendar year).

People from various castes and regions gather there with their respective Dalas (a term for big and wide baskets) filled with numerous Prasads which generally include Thekua, sugarcane, lemons and other fruits and sweets.

The rituals of the evening primarily include offering Prasad to the setting Sun. Rising Sun is worshipped everywhere but nowhere in the world in any other religion, there is any reference or ritual of paying reverence to the setting sun. The beauty of the Chhath festival is that after the accomplishment of the rituals on the Saptami morning, anyone can take Prasad from the basket of anyone. They share the Prasad among each other without asking about caste and identity of the other person even if he/she is a complete stranger.

If one presumes that the rituals of the Chhath festival is performed only by the women, then you are thoroughly wrong. When you visit the Chhath ghats then you would find many men clad in coloured Dhotis carrying out the rituals. The Chhath festival starts with Nahay-Khay followed by Kharna & two days of paying respect to the setting & rising sun.

History of the Chhath or Sun worship goes back to the Ramayana period when Mata Sita had performed the Chhath with fasting and sun worship. The legend is that after killing the demon Ravana, Ram was cursed with the sin of brahm-hatya (killing a Brahmin) and as instructed by sages he performed the procedures of the atonement in the present Munger district of Bihar.

There is a temple named Sita Charan which is believed to be the place where Maa Sita performed the Chhath Pooja.

No, Shashi Tharoor, it is not the Sabarimala verdict, but electoral gains that has left you torn

The controversy surrounding the entry of young women in Sabarimala has apparently ‘torn’ the hearts of ‘instinctive liberals’ such as Shashi Tharoor. On closer examination though, his so-called conflict of this self-proclaimed ‘liberal’ Hindu is just the subterfuge because he (Tharoor) knows the electoral math.

As has been written earlier, Sabarimala has resulted in an awakening of Hindus in Kerala. They have united across caste and class lines to demonstrate against the verdict and the undue haste of the Communist Government in the state to implement the verdict. It is this reality that has upset the calculation of every political dispensation in the state. All of them understood the political repercussions of such a widespread indignation with the Supreme Court verdict.

The BJP and Congress in the state both initially welcomed the judgement. They only decided to backpedal when it was clear that public opinion lay on the other side, and that they can make political gains by exploiting it.

Congress hailed the verdict as progressive, only to go back on its words later. BJP state leaders have in the past called for the entry of women into the temple. The ideological parent of the BJP, RSS has supported the entry of women into the shrine for a long time. It was assumed by everyone that Malayalis Hindus would go gentle into that good night – but we did not. And that has shocked more than a few of our great journalists, commentators and historians.

Tharoor was himself a proponent of desecrating the shrine. In 2016, he told reporters that he was personally for entry, “because traditions evolve”. He had posted some tweets as well, explaining his stand on the issue:


Two years later, it seems that traditions no longer can evolve, that it is no longer ‘discrimination’, all because of electoral realities.

Just a few days after the verdict, Tharoor had welcomed the verdict. Now, he has also retracted, like others. And the answer lies squarely in the fact that his electoral prospects are endangered.

Tharoor, whether he or others like it or not, as a Lok Sabha member, directly accountable to the people of his constituency. As such, his positions on issues have to be amenable to the opinion of those in his constituency.

In 2014, he won his constituency with an uncomfortable margin of 15,000 votes, or only ~2% of the votes against O Rajagopal of the BJP. In 2019 BJP is sure to have made even more inroads into his constituency. The gains BJP made, especially with the Hindu Community, would have grown with them adopting a harsher stand than the Congress on Sabarimala. This is why Tharoor had to backpedal and call for the wishes of devotees to be respected.

The ‘magic of democracy’ has, in a certain sense, made him accountable. He cannot adopt a stance that so plainly would cost him significant votes. But then again, Tharoor is a ‘guiding light’ for many liberals and he is the intellectual face of the Congress. As such, he cannot abandon this support base either. How these ‘liberals’ and ‘constitutionalists’ can support a Supreme Court judgement that surely violates religious liberty is a whole another matter that ought to be dealt with later. Tharoor the politician and Tharoor the intellectual are in conflict over this issue, and there is no way to resolve it, no reconciliation possible. Tharoor, therefore, tries in vain to please both through his piece in The Print.

Self-proclaimed intellectuals like Ramachandra Guha can look down upon the unwashed masses of Kerala and pontificate about ‘constitutional morality’ and ‘equality’ and whatnot while garnering applause from ‘secular-liberal’ Twitter. Tharoor cannot, for he and his party are aware of ground reality.

Much of Tharoor’s piece is an attempt to flog the horse of the Kerala Pradesh Congress Committee as the fulcrum of ‘secular’ and ‘non-communal’ resistance against Pinrayi Vijayan and the designs of the state government. He flags the BJP’s position as an attempt to gain the most from the polarization resulting from the continuing deadlock over the Hill Shrine. But he conveniently forgets that his own party changed gears to ensure that they do not miss out on an opportunity to gain political capital themselves. He, of course, has ignored his own hypocrisy in changing position on Sabarimala.

An irony in Tharoor’s piece is that he seems to think that the “seemingly unchallengeable principles” of constitutionalism and democracy are conflicting with one another. While this conflict by itself is legitimate in the larger sense, he like many others, seems to misunderstand what exactly ‘constitutionalism’ and ‘liberalism’ entitles. The concept of religious liberty, something that is core not only to constitutional rights and to liberalism generally, are conveniently ignored. Constitutional rights are not meant to circumscribe practices such as those in Sabarimala, which squarely fall within the realm of the religious practice. Indian ‘liberals’ have somehow defined this case as one of ‘equality’ and ‘discrimination’ when it is, in fact, a question of religious liberty. The Supreme Court has indeed effectively ruled that the Constitutional guaranteed under Article 25 & 26 are null.

Politicians are, at the end of day, guided by electoral considerations. One cannot expect principled positions from them, especially when public opinion is blowing so strongly in one direction. Tharoor, however, tries to wash away his duplicity. In Malayalam, the result of his two-timing of the electorate and his supporters can be described in a proverb: “രണ്ടു തോണിയിൽ കാലിട്ടുനിന്നാൽ നടുകടലിൽ കാണാം”. “If you put your leg in two boats, you will end up in the middle of the sea”.

Come May 2019 and that may very well be the position Tharoor finds himself in.

Clipped or not, Barkha mirrored the Nazis in her video by giving genocide a convenient context

It has almost become fashionable these days for the “liberal” cabal to invoke Nazis and Hitler when they talk about right-leaning individuals and Prime Minister Narendra Modi respectively. Their sinister agenda has been to equate Patriotism and Nationalism to Fascism without stopping to consider the distinct differences or the facts at hand.

However, several incidents where the “liberals” and their poster boys and girls have themselves displayed stark similarities to the Nazis have been ignored and shrugged under the rug because facts should never come in the way of a good, lip-smacking narrative.

A video has been doing the rounds for many years now where Barkha Dutt, in 2004 had contextualised the genocide of Kashmiri Pandits. In the video, Barkha Dutt can be seen talking about how the Kashmiri Pandits were wealthy in the valley and that might have been the reason of the disenchantment of the Kashmiri Muslims.


This 23-second clip just had to be defended lest the narrative crumbles. That is the way of the cabal. The Leftist propaganda website and self-proclaimed fact-checkers Altnews.com, which is funded by fake news peddler Arundhati Roy and have regularly been caught spreading lies themselves, published an article saying that the full video presents a different context and the clipped video was misleading.

However, if you tear through the “liberal” propaganda, was the full video any different from the clipped snippet?

In 2004, when Barkha Dutt had been in journalism for almost 10 years, a show called “Kashmiri Pandits: The forgotten minority” was aired. A full-length video of that can be found here, published in 2013 by NDTV.

Barkha Dutt starts the show by showing ravaged colonies of the Kashmiri Pandits and some sound bytes from the persecuted Hindus. As soon as the tragedy porn was over, Barkha, in the background, talks about the possible reasons for the exodus. She says that according to Kashmiri Separatists, the exodus was engineered by then governor Jagmohan because he wanted a reason to crack down on the separatists. Barkha Dutt admits that the Kashmiri Hindus don’t buy that argument. And interviews Dr Shakti Bhan who is a part of Panun Kashmir Organisation who talks about how the Kashmiri Muslims approached her house and were forcing her to be a human shield for them. She talks about how she fled the fanatics.

Through the video, Barkha narrates the tales of Kashmiri Pandits and the shoddy camps they live in. But there are subtle hints of Barkha “contextualising” the genocide of Hindus. In the video, when Barkha talks about how Kashmiri Pandits’ numbers are dwindling, subtly, she adds the phrase “it may sound paranoid”.

Barkha Dutt says something interesting which is not there in the 24-second clipped video, after talking about the plight of Hindus.

She says:

“What all this has bred is a violent and relentless hatred. Personal friendships between Hindus and Muslims have survived over the decades, but politics in the state is completely polarised along religious lines. In fact, some say if there was a plebiscite in Kashmir today it would be worse than partition because voting would be completely along religious lines”. 

Interestingly, this quote was missing from the Altnews.com report.

The genocide of the Kashmiri Pandits at the hands of Kashmiri Muslims was a result of religious indoctrination and Jihad. There was no ‘politics’ which led to this exodus. It was fanaticism. When Barkha Dutt talks about ‘friendship between Hindus and Muslims” and “Politics of hate ruining that friendship”, one has to sit up and truthfully admit that Barkha toed the line of Kashmiri separatists who wanted to blame Governor Jagmohan for the genocide. One has to also understand that Barkha’s line of reasoning only goes to shield murderers like Yasin Mallick who killed and maimed owing to their religious hate. What was this if not separatist propaganda?

Now, coming to the specific “clipped” video that Altnews and Barkha have gone hammer and tongs against.

The Altnews report says:

At 5:15, a representative of an organization of displaced Kashmiri Pandits ‘Panun Kashmir’  can be heard saying, “A Kashmiri Pandit monetarily may not be so well-off that’s not important. It is the identity, the ethnic identity of the Kashmiri Pandit… Kashmir Pandit was a well-known identity in India. A Kashmiri Pandit has different rituals, it has a different language, it has a different culture. We think we have lost that.”

The aforementioned quote of Dr Shakti Bhan provides context to the part (5:36) where Dutt says, “In fact, history has turned full circle for the Kashmiri Pandits…”. This statement was intentionally clipped before Dutt begins to say – “Today hapless victims, they were once privileged elites of the valley. They may have been a minority but at that time, they had monopolised government jobs, plum postings and other such social benefits…” Just reading these lines gives the impression that Dutt’s commentary portrays Kashmiri Pandits in poor light, however, the journalist was attempting to give her viewers a contrast between their lives before and after their exodus.

Here is the treachery of self-proclaimed fact-checkers and Barkha Dutt herself who spoke to Altnews and endorsed this jugglery.

Altnews quotes the first half of Barkha’s statement and asserts that it was her commentary owing to what Dr Shakti Bhan said. However, they craftily leave out the second part of her statement. The second part of her statement is as follows:

“…In fact, the sharp economic disparity between the Pandits and the poor Muslim majority was one of the earliest reasons for popular discontent in the state”.

It is actually the second half of the statement that was problematic and where Barkha Dutt proceeded to contextualise the heinous genocide of Hindus. She asserted that one of the reasons for the genocide of Hindus by religious fanatics was because of the economic disparity.

A similar rationale was given by the Nazis of Germany to justify their anti-Semitism and genocide of Jews.

I quote from the Holocaust Encyclopedia (emphasis mine):

In the context of the economic depression of the 1930s, the Nazi Party gained popularity in part by presenting “Jews” as the source for a variety of political, social, economic, and ethical problems facing the German people. The Nazis used racist and also older social, economic, and religious imagery to this end. After seizing power, they continued to use the same means to gain legitimacy.

Inspired by Adolf Hitler’s theories of racial struggle and the “intent” of the Jews to survive and expand at the expense of Germans, the Nazis, as a governing party from 1933-1938, ordered anti-Jewish boycotts, staged book burnings, and enacted anti-Jewish legislation. In 1935, the Nuremberg Laws defined Jews by race and mandated the total separation of “Aryans” and “non-Aryans.” On November 9, 1938, the Nazis destroyed synagogues and the shop windows of Jewish-owned stores throughout Germany and Austria (Kristallnacht). These measures aimed at both legal and social segregation of Jews from Germans and Austrians.

Kristallnacht, the initiation of World War II in 1939, and the invasion of the Soviet Union in 1941 marked the transition to the era of destruction, in which genocide would become the key focus of Nazi antisemitism. To justify the murder of the Jews both to the perpetrators and to bystanders in Germany and Europe, the Nazis used not only racist arguments but also arguments derived from older negative stereotypes, including Jews as communist subversives, as war profiteers and hoarders, and as a danger to internal security because of their inherent disloyalty and opposition to Germany.

Firstly, the Nazis used economic, religious and racist arguments to traumatise and kill the Jews. How is that different from what happened in Kashmir to the Hindus, or what Barkha Dutt said in her video? She said that the initial reason for discord was economic, interestingly, that is exactly what the Nazis said against Jews.

The Nazis had laws that basically separated the Jews from the Germans. How is Kashmir different when they have laws that prohibit Hindus from even owning land in Kashmir? That the fanaticism creates an environment which is not even conducive to Hindus surviving there? Just like the Jews in Nazi Germany.

The Kashmiri Muslims wanted a religious land where Hindus had no place. If Hindus are replaced with Jews, the situation would be exactly the same as Nazi Germany.

That Barkha Dutt used the economic argument to attribute the genocide to, makes her no different from a fascist and her argument is eerily similar to the Nazis.

This chicanery by Altnews and Barkha Dutt didn’t escape Rahul Pandita too, who is a Kashmiri Pandit himself.


Barkha has always had an agenda in her reporting and that has been proven time and again. This was no different. It is interesting to note that self-proclaimed fact-checkers too selectively left out quotes that could contradict their asinine defence of a bad report by a motivated journalist.

Editors Guild issues strong statement in response to arrest of journalist in Karnataka over Tipu Row

0

This story will be updated if Editors’ Guild issues a statement.

 

 

 

 

 

 

 

In the meantime, you can follow what their Twitter handle is up to.

Editors Guild of India tweet

Meanwhile, a lone journalist throws his fists in the air, in defiance of the draconian arrest and stifling of free speech by the Congress+JDS government in Karnataka. He was arrested at midnight for delivering a speech that criticised the tyrant Tipu Sultan.

Journalist Santosh arrested for criticising Tipu Sultan

 

Sabarimala: Supreme Court agrees to hear all 49 review petitions, no stay on earlier judgment

The Supreme Court has agreed to hear all 49 review petitions against its September 28 verdict allowing the entry of all women into the Sabarimala Temple.


As per reports, the review petitions rely primarily on the dissenting judgment of Justice Indu Malhotra. The only women judge in the bench had said that constitutional parameters of rationalist cannot apply to matters of faith. The petitioners also argue that the Supreme Court entertained the PIL without considering the locus standi of the petitioner. The review petitions also assert that no women devotee of Lord Ayyappa would want to visit Sabarimala. They also said that the tradition is based on the “Naishtika Brahmachari” character of the deity.

However, the Supreme Court did not stay its previous judgment.  In its order, the Bench said, “we make it clear that there is no stay of judgment dated September 28.”

The Supreme Court’s September 28 verdict had thrown the entire state into chaos. The Communist party has displayed remarkable zealotry in trying to implement the SC verdict while devotees, including hundreds and thousands of women, have come out in huge numbers to prevent the desecration of the Temple. BJP President Amit Shah had also come out in open support of the devotees.

The Temple reopens on the 17th of November for a 2-month long festival. It appears that Sabarimala will continue to be a battleground in the days to come.

National Herald case: SC to hear the final argument against Rahul and Sonia Gandhi on December 4

The Supreme court Tuesday finalized December 4 for final arguments on petitions filed by Congress President Rahul Gandhi and Sonia Gandhi. They had challenged the Delhi High Court order refusing to give them relief in a case of re-opening of their tax assessments for 2011-12.

A bench of justice A K Sikri and S Abdul Nazeer is slated to hear Rahul, Sonia, and Oscar Fernandes’ appeal. The appeal challenges the September 10 verdict of the high court.

A council had represented the Income Tax department. Because of this, the apex court did not issue any notice on their petitions.

The I-T department had filed a caveat in the apex court. It said that it should be heard in case an appeal is filed against the high court order.

A caveat is a legal procedure. An application can be filed through it, by any party to the litigation to pre-empt an ex-parte order.

After a brief hearing, the bench said, “Since respondent (Income Tax department) has put in an appearance, we are not issuing a formal notice. However, we are fixing the matter for final arguments on December 4”.

The Delhi High Court in September had rejected Rahul Gandhi and Sonia Gandhi’s plea challenging the I-T notice seeking tax reassessment for the financial year 2011-2012 in connection with the National Herald Case.

Earlier in August, Rahul Gandhi had appeared in the Delhi High Court and challenged, after the I-T department accused him of concealing his income in the years 2011-2012. The department had considered reopening Rahul’s case. This was because he did not disclose his directorship in Young Indian Pvt Ltd (YI) since 2010.

The same day, Sonia Gandhi and Oscar Fernandes, too, had moved the Delhi High Court, challenging the reopening of their assessments by the Income-Tax regarding the Young Indian- National Herald transactions.

The ‘tax file’ had then revealed that Rahul Gandhi had hidden from the Income-Tax department that he was a Director in Young India, which is the main company involved in the ‘National Herald case’. He had allegedly hidden the facts from the I-T department. Therefore a whopping amount of Rs 154.97 crore couldn’t be assessed by them. The tax file also revealed that he was also the direct beneficiary of the funds directed at ‘Young India’.

As the judiciary is tightening the strings, things are seeming to take unexpected turns for the Congress party bigwigs. The Gandhi’s seem to be getting jittery. Earlier too, we had reported how the Gandhis’ had tried to oppose the Income Tax’ investigation into the National Herald case. Congress had also earlier reportedly threatened tax officials with legal consequences for asking “irrelevant questions” during their investigations.

It is notable here that the case against the Congress president and his mother has been filed after the petition of MP and legal activist Subramanian Swamy.

Firecracker ban would impact 800,000 families, lead to Rs. 16 billion loss for banks, claims association

0

As per a Business Standard report, the firecracker ban across the country would adversely impact 800,00 families relying on the industry and could lead to NPAs worth Rs. 16 billion for the banks.

“We want to run the factory but cannot run due to the court’s order,” said E Mariappan, general secretary, Tamil Nadu Fireworks And Amorces Manufacturers Association (TANFAMA). This year, the industry produced only Rs. 40 billion worth of crackers compared to the Rs. 60 billion that were produced in earlier years. There are also fears that the crackers which were sold to distributors did not reach the retailers due to the ban. “We fear whether we will be able to collect the money for whatever we have sold to the distributor,” said Mariappan.

The Association also mentioned the confusion surrounding ‘green crackers’. “We want the Ministry to explain to the court that there is no ‘green cracker’ as of today. That the ‘SWAS’, ‘SAFAL’ and ‘STAR’ as named by the CSIR-NEERI are just three products with variants which are on the theoretical / laboratory level,” they said.

The Association has also sought an ordinance on the matter. “Also, to bring a quick remedy, an Ordinance may be passed in this regard, so that the factories can open and give employment to its workers before disaster sets in,” said the Association.

TANFAMA had also submitted in the Court that a firecracker ban would have terrible consequences for the lakhs of people dependent on the industry for employment.

Other organizations have also been expressing concerns regarding the devastating impact the ban could have. “The closure of the fireworks industry will have a cascading effect on the economy of Sivakasi town and Virudhunagar district. A large number of people were dependent on the fireworks and its allied sectors including printing, packing and logistics. Most of them were women who take up home-based work,” M Mahalakshmi, general secretary of Sivakasi Crackers and Matchbox Employees Union said recently.

The Sabarimala saga so far: The verdict, the devotees and the communist government

Sabarimala is an ancient Sastha temple dedicated to Lord Ayappa. It is located in the Periyar Tiger Reserve in the Western Ghat mountain ranges of Pathanamthitta District, Kerala. The temple is open to people belonging to all religions. The pilgrims are required to undertake a 41-day penance to visit the temple.

In 1991, the temple’s custom of prohibiting the women of menstruating age was challenged before the Kerala High Court in S. Mahendran v. The Secretary, Travancore. The custom was upheld by the court as constitutional and justified. In 2006, Indian Young Lawyers Association filed a public interest litigation petition before the Supreme Court challenging the Sabarimala Temple’s custom of prohibiting women of menstruating from entering the temple. The Association argued that the custom violates the rights to equality under Article 14 and freedom of religion under Article 25 of female devotees. The Supreme Court issued notices to the parties on 18th August 2006. After the matter was referred to a three-judge bench on 7th March 2008, it came up for hearing seven years later, on 11th January 2016.

The case was finally referred to a Constitution bench comprising of former CJI Deepak Mishra, Justice R Bhanumathi and Justice Ashok Bhushan. On 28th September 2018, the Constitution Bench comprising of CJI Deepak Mishra, Justice Rhington Nariman, Justice Indu Malhotra, Justice A M Khanwilkar and Justice D Y Chandrachud, delivered the judgment. The court by 4:1 majority ruled that Sabarimala’s exclusion of women violated the fundamental rights of women between the ages of 10-50 years and Rule 3(b) of the Public Worship Rules was unconstitutional.

Justice Indu Malhotra, the sole lady judge in the bench, was the sole dissenting voice that stood for the traditions of the temple. She observed that matters of deep religious sentiment should not be interfered with by the court. She said that the shrine and the deity are protected by Article 25 of the constitution and hence, the court should not interfere unless there is an aggrieved person from that religion or section. Justice Malhotra further observed that the subject of rationality should not be seen in religious beliefs and that there are clear attributes that there exists a section with identifiable characteristics, they constitute religious denomination.

While the case was sub-judice, several women’s groups and NGOs had run a campaign named ‘Ready to wait’, signifying that the women devotees of Lord Ayappan are ready to reach the age of 50 so they can take the pilgrimage for darshan. The NGO People for Dharma, activists Anjali George, Padma Pillai and lawyer J Sai Deepak have been crucial in uniting thousands of devotees and supporters around the world.

Soon after the Supreme court decision in the case was delivered, protests erupted against the decision of the court. Men and women came out on the streets protesting against the interference of the court in the traditions of the temple. A review has been filed in the Supreme Court against the judgment by the Pandalam royal family, the Nair Service Society, the Tanthri or the chief priest of the Sabarimala temple and National Ayyappa Devotees Association.

Despite being aware of the outrage among the devotees against the judgment, the Kerala Chief Minister refused to file a review petition against the court order. He said that he will abide by the decision of the Apex Court and will provide facilities to devotees who wish to visit Sabarimala. The temple priests boycotted the talks called by the Kerala government.

No female devotee of Lord Ayyappa tried to enter the shrine. Two women activists, Kavitha Jakkala (a journalist) and Rehana Fatima (a Muslim), none of whom was a devotee of Lord Ayyappa, tried to enter the shrine amidst full police protection but they were met with resistance of the protesting devotees. Another woman, Mary Sweety, also returned midway as she was stopped by the protesters. The erstwhile royal family of Pandalam asked the head priest to close the doors of the shrine as two women headed for the temple under police protection. Meanwhile, the State Devaswom (religious trusts)  minister, Kadakampally Surendran, said that while people of all ages should be allowed to go there, it should not be made into a place where activists come and showcase their power.

The BJP came out strongly in support of Ayappa devotees with the BJP President Amit Shah assuring that the Karyakartas of the BJP will be standing beside the devotees of Lord Ayyappa like a rock in the battle to defend the tradition of Sabarimala. The Congress party which initially welcomed the Supreme Court verdict, later on witnessing the mounting protests by the devotees, took a soft stand and said that while the SC verdict is welcome, traditions at religious places of worship must not be disturbed.

Amidst the growing protests and the coldness of the Communist government towards the devotees, the former TDB president Prayar Gopalakrishnan started the ‘no-donation campaign’ to mark protest over women’s entry in the temple. He urged the devotees to deposit paper pieces with the writing ‘Swami Saranam’ in the offering boxes instead of money. The Communist government crossing the limits of humanity lathicharged the peaceful protesters and arrested thousands of them. Cases were registered against hundreds of peaceful devotees. The Kerala High Court expressed displeasure over the action of the Kerala government.

The Kerala government had beefed up the security at the shrine as the temple reopened on Nov 5 and 6 to ensure the safe entry of women in the temple. However, no woman of the restricted age group entered the temple. The Lord Ayyappa temple’s three-month-long pilgrim season is commencing from November 17 and the state government has reiterated that all devotees would be allowed to offer prayers at the shrine.

As per latest reports, the Supreme Court has admitted all 49 review petitions on the September 28 verdict. An open court hearing to commence on January 22.