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Two similar cases, two different rulings: How Supreme Court differentiated between Hindu Temples and Christian Missionaries

The Supreme Court’s recent observations in two similar cases, one concerning the management of a temple and another with monitoring activities of Christian missionaries, has raised apprehensions on the perils that the Hindus await.

Deciding on two similar cases, listed in a span of less than a week, the Supreme Court has given two differential interpretations on the very similar issue of managing religious places of two different faiths – one Hindu temple and the second being Christian missionaries. This has now intensified a debate on how Hindus have been left to be dependent on the courts to even practise their faith.

On March 19, the Supreme Court had agreed to hear a petition challenging the Madras High Court order that had dismissed a plea seeking appointment of a trustee committee headed by a retired judge in all Hindu temples in Tamil Nadu.

The petition filed by the Hindu activist group – ‘Hindu Dharma Parishad’ had sought appointment of Arangavalar Committee (Trustee Committee) headed by retired Judge in all Hindu temples with a social activist, a devotee, a scheduled caste and a woman as its members to manage the temples in Tamil Nadu.

A Supreme bench of justices Indira Banerjee and JK Maheshwari issued notice to the state of Tamil Nadu and others seeking their responses on the plea against the Madras High Court order. On December 9, the Madras High Court’s Madurai bench had dismissed Parishad’s writ seeking the similar relief.

Encouraged by the Supreme Court’s order that interfered in the management of Hindu temples in Tamil Nadu, the activist group – ‘Hindu Dharma Parishad’ filed another petition in the Supreme Court urging them to establish a board to make surveillance and monitor the activities of Christian missionaries in the country.

The petition filed by Parishad was almost similar to the one they had filed earlier asking to set up a committee to manage Hindu temples in Tamil Nadu, except this time it was Christian missionaries.

However, the Supreme Court intriguingly took a different stand in the matter as it refused to entertain a petition filed by a Hindu activist group. On March 25, just a week later after it had issued a notice in Hindu temples petition, the Supreme Court of India dismissed a petition filed by Hindu activist group – Hindu Dharma Parishad seeking to establish a board to make surveillance and monitor the activities of Christian Missionaries in the country.

A Supreme Court bench comprising Justices Indira Banerjee and AS Bopanna had rejected the petition filed by Hindu Dharma Parishad, citing Madras High Court’s order, that stated the plea cannot be entertained as the jurisdiction lies within the state and there was an act in place that provides for prohibition of conversion from one religion to another by the use of force or allurement or by fraudulent means.

In its petition in the top court against the high court order, the petitioner argued that for the last few years, some anti-social elements and anti-nationals are forcibly converting people from Hinduism to other religions, especially Christianity.

However, the Supreme Court rejected the arguments made by the petitioner and had disposed of the writ petition filed by Hindu Dharma Parishad claiming that it had no merit.

It is rather interesting to know the rationale behind Supreme Court’s contrasting observations in two similar petitions concerning managing religious activities in a secular state. While the petition seeking to regulate Hindu temples gets easily listed and also Supreme Court exhibits its eagerness to issue notice. However, when it comes to regulating the missionary activities of the church, the judiciary has yet again turned a blind eye.

West Bengal: ‘Go Back, Go Back’, locals protest as Minister Firhad Hakim enters Amta to meet the family of deceased student leader Anish Khan

On Friday, TMC leaders Firhad Hakim and Pulak Roy visited the Amta village in Howrah to meet the family members of the deceased student leader Anish Khan, who was murdered earlier last month. The locals protested and raised the slogans of ‘Go Back’ as the ministers moved towards the Khan’s house to meet his family on March 25.

According to the reports, the furious villagers surrounded Hakim’s car and stopped him from entering the village. They questioned why was the minister was visiting the village after 42 days of Anish’s murder by the cops. The locals also reiterated their demand for a CBI probe into the case.

This is a day after the Calcutta High Court ordered a CBI probe into the killings in Birbhum’s Rampurhat. One of the protestors expressed anger that the CBI probe was ordered in Birbhum’s Rampurhat case but not in the death case of Anish. He also mentioned that Hakim had arrived in the village for a religious program and not to meet the family members of Anish.

On February 20, Anish Khan, a student who was staging a protest for around 130 days against the Mamata Banerjee government, was murdered by four unidentified people in Howrah. The incident since then has triggered massive protests by the students against the West Bengal government, who accuse the Mamata Banerjee-led government of killing the protesting student.

As reported earlier, Anish Khan was a student leader of the radical Islamic organization Indian Secular Front. The family of the deceased 28-year-old student had then said that one of the accused was wearing a police uniform and was carrying a firearm, while the others were wearing the uniforms of civic volunteers. The family members also alleged that the victim was thrown off from the second floor. The local police however rejected the allegations claiming that none of the policemen was sent to any such location for any kind of questioning.

It is important to note that Firhad Hakim had earlier claimed that there was a possibility of a conspiracy behind the murder. “Such incidents can only be seen in states like Uttar Pradesh. The assailants may have come from outside the state. Police will conduct a thorough investigation and arrest the culprits,” he had said.

However, a few hours before Hakim was sent back, Congress MP Adhir Ranjan Chowdhury met Anish’s father Salem Khan at his residence. Salem reiterated his demand for justice for his son. The father of the deceased had earlier expressed his displeasure with a Special Investigation Team (SIT) constituted by the Mamata Banerjee government and had instead demanded an independent inquiry into the case. The Calcutta High Court had, however, ruled out the possibility of a CBI probe and had asked Salem Khan and his family to instead co-operate with the SIT.

Leader of the Indian Secular Front and Islamic cleric Abbas Siddiqui also met Salem on Friday afternoon. While, both Chowdhury and Abbas could meet Salem, the transport minister was significantly stopped from visiting Anish’s home.

‘Maulana will decide about hijab and not Judge’: What ex-Chief Election Commissioner Dr SY Quraishi said on love jihad, hijab, and Kashmiri Pandits

In an interview with Dainik Bhaskar’s local editor Upmita Vajpayee, former Chief Election Commissioner Dr SY Quraishi discussed several topics concerning Muslims, including the Muslim population, multiple marriages, triple talaq, love jihad, hijab, and Kashmiri Pandits. Quraishi, a renowned Muslim person, has always spoken out in support of Muslims and has stepped in to refute and mock any facts that show Muslims on the darker side.

This interview comes at a time when the Whole Islamist and liberal lobby is busy repudiating the movie The Kashmir Files as a farce. Here are a few excerpts from the interview which was published by Dainik Bhaskar.

Are Muslims growing faster than Hindus?

On being asked if the Muslim population is growing faster than the Hindu population, Quraishi responded saying there is no data to support such facts. He said, “For many years, it has been perpetuated that Muslims have a large number of children and they marry four times. The tagline “we five our twenty-five” was also coined, however, research shows that this is not the case.” Denying the role of Islam in the increase of the Muslim population, he said, “It is true that Muslims have the lowest rate of family planning, but this has nothing to do with religion.

To portray the growth rate of the Muslim population slow, he resorted to some calculations and a mathematical model. He stated, “Prof Dinesh Singh of Delhi University created a mathematical model for me. To inquire, as it is claimed, I asked him, ‘tell me when the majority of Muslims will be formed?’ I would become the country’s Prime Minister. Sir, you cannot become for 1000 years, he remarked.”

Is it because of the population that Muslims have more than one marriage?

“Having four wives is impossible in terms of gender ratio. There are 920-22 females for 1000 males. That is, not every man will get even a woman,” he replied. But, adding more on the merits of more than 1 marriage, he said, “Even if it is available, it is beneficial to the general public. When two women marry two men, they have more offspring; when two women marry one man, they have fewer children.”

Referring to a 47-year-old report, he cited that the study conducted by the Government of India in 1975 discovered that Muslims had the lowest incidence of multiple marriages among all castes, but this is simply put on Muslims. Elaborating on the reference of multiple marriages in Islam, he said, “There is only one verse in the Qur’an which talks about it, it also talks about marriage with unmarried and orphan women.”

On the question of Love Jihad

“There is love jihad between me and my wife, in my house daughters also do love jihad. Love has no limits,” Quraishi replied. At one point he contended that there is no love jihad but then he firmly stated that love jihad has affected the Muslim girls most. Then again he added, “The educated Muslim boys are taken away by Hindu educated girls. No one has seen it from the angle of Muslim women.”

Quraishi also added that the anti-conversion law in Madhya Pradesh is to defame Muslims. “The more you try to defame a Muslim, the less it is. That’s why this law was brought,” he said.

The Kashmiri Pandit-Muslim equation

Quraishi agreed that there were atrocities with the Kashmiri Pandits, however, they were not alone in this and Muslims in the valley were also affected. He further added, “Humanity should be meant, not religion.” He stated that The Kashmir Files is dividing the masses just like the terrorists.

Yogi’s triumph for democracy or communalism?

Quraishi remarked that the victory of Yogi Adityanath in Uttar Pradesh is the victory of communalism. “Polarization has been an election gimmick for the last 20 years. The situation is such that even two children are fighting face to face, then it is called polarization,” he added.

What about this phase of polarization?

He stated that maximal polarisation happened during Partition, then at the time of Babri and that the country is now in its third phase of polarisation. The country’s people are becoming increasingly communalized. However, surprisingly, he attributed the secular nature of India to Hindus. He said, “India is secular because Hindus are secular. When the partition took place, Pakistan became a Muslim country, but India became a secular country, not a Hindu country. Then everything became normal, so I hope the time will pass now.”

Questions are raised about EVMs, Akhilesh said that he is winning in the postal, how did he lose in EVMs?

Quraishi said that he is in support of the Electronic Voting Machine. “I consider EVMs to be reliable because Bharatiya Janata Party would not have lost Bengal elections had it gone wrong. The BJP had left no stone unturned in the Bengal elections. There is no question of returning to the ballot,” he stated.

Faith in the Election Commission lost?

“Yes, sorry but it’s true,” Quraishi said. “The country had the highest faith in the Election Commission. It hurts me to even say that. I don’t want to say anything about this,” he added.

Is the controversy over whether the hijab is part of the Quran fair?

Hijab, according to Quraishi, is not a commandment in the Quran, although both men and women are expected to dress modestly. He said, “Sikh turban, vermilion is allowed in school uniform, then what is the problem with hijab?”

He said that it is not the Judge who will decide about the hijab but the Maulana. “Will it be right if Maulana starts giving IPC decisions?” he added.

In another interview given to Times of India last year, Quraishi stated that Islam is the pioneer of the concept of family planning and it is a myth that polygamy is rampant in India. He was speaking about his book. Batting for Islamic nations like Bangladesh, Iran, and Indonesia, he stated that these countries are doing better than India when it comes to family planning.

Gandhi family loyalist Digvijay Singh opposes memorial for Hindus killed by Islamists, says it will ‘disturb communal harmony’ in Bhopal

Madhya Pradesh Chief Minister Shivraj Singh Chouhan announced on Friday to facilitate the establishment of a museum to commemorate the genocide against the Kashmiri Pandit community in Jammu & Kashmir. The decision seems to have irked the Gandhi family loyalist and Congress leader Digvijay Singh.

Taking to Twitter, Digvijay Singh said that he does not support the establishment of a Genocide Museum in Bhopal.

Digvijay Singh said in a tweet, “I am totally against the creation of Genocide Museum in Bhopal. Will not let the communal harmony of Bhopal get disturbed. I oppose it”.

It is pertinent to note that the announcement of the establishment of a Hindu Genocide museum comes after the release of the movie “The Kashmir Files” which shows the truth about the Hindu genocide in Kashmir in the 1990s.

CM Chouhan made the announcement in response to a request made by Vivek Agnihotri, filmmaker of the film ‘The Kashmir Files,’ he said, “Today Vivek Ji has given the idea to build Genocide Museum. The state government will give you all kinds of cooperation including land. I respect your sentiments.”

Essentially, by opposing the Genocide Museum, Digvijay Singh, probably with the sanction of his party, is opposing a museum that would show the reality of how Islamists massacred Hindus in Kashmir in the 1990s, leading to their genocide and exodus from the state.

The Kashmir Files has proven to be a transformative experience for Hindus. The film, which is based on true accounts of Kashmiri Pandits, takes viewers to the early 1990s when turmoil in Kashmir began as a result of escalating Islamic Jihad, pushing the great majority of Hindus out of the valley. Those who refused to leave were killed by Kashmiri Jihadi Muslims.

The audience’s reaction to the film has been extraordinary. The film has become the talk of the town since it tells the heartbreaking account of the genocide of Kashmiri Pandits in the 1990s by Islamic terrorists in the valley.

However, Congress has been opposing the movie tooth and nail.

While Digvijay Singh says that a museum showing the genocide of Hindus would hurt “communal harmony”, it is important to remember that he was one of the greatest proponents of the fake “saffron terror” bogey. Digvijay Singh was also present when Aziz Burney had released his repugnant book that claimed that the 26/11 terrorist attack by Pakistani terrorists was actually a conspiracy by the RSS. The book’s name was “26/11 – RSS ki Saazish”. During the launch, Digvijay Singh was present on the stage and made remarks against Hindus, propagating the mythical saffron terror bogey.

After trying to implicate Hindus in terror attacks by Islamists, the Congress is now voicing its opposition to a memorial that would remember the victims of Jihad specifically in Kashmir that led to the genocide and exodus of Kashmiri Hindus.

Delhi: Bablu Khan absconds after assaulting tenant Geeta with bricks over a petty argument, case registered, investigation underway

Earlier last month, the Delhi Police registered a complaint against landlord Bablu Khan for allegedly assaulting tenant Geeta with bricks in the Sultanpuri area of Delhi. Khan kept on attacking Geeta with a brick even after she faded unconscious on the street.

The entire episode of the attack got recorded on the CCTV camera installed near the house, the video of which went viral on social media. According to the reports, the tenant had indulged in an argument with Bablu Khan on Sunday. Khan in the CCTV footage could be seen coming out of the tenant’s house and hitting Geeta with a brick lying nearby on the street.

After a severe attack, the victim fainted and fell unconscious on the ground. However, Khan continued to hit her with the brick. The locals residing nearby interrupted and tried to pacify the matter. They immediately took the victim to the hospital where she was treated and discharged after a couple of days.

The Police, based on the CCTV footage have registered a complaint and are investigating the case. OpIndia meanwhile tried to contact the City Circle Officer and Station Officer Bhagyavati Pandey to know the update about the case but the duo foreshadowed that they had no information to share.

According to the reports, the incident is said to have happened on February 20 after which the accused went absconding. So far, the Police have registered a case against the accused under the relevant section of IPC. The investigation is underway.

Gujarat: Yasarkhan Pathan lures Hindu girl on pretext of sending her abroad for studies, Pathan’s family rapes, force her to wear burqa, read Quran

Despite the existence of stringent laws, purported grooming jihad cases continue to emerge from various parts of the country. In one recent case, the Nadiad police in Gujarat arrested eight out of ten accused of trapping a Hindu girl under the guise of sending her abroad and then physically and mentally exploiting her. The main culprit namely Yasarkhan Pathan and one of his accomplices are, however, still at large.

The incident came to the fore after the victim’s family members approached the Nadiad police with a complaint against Yasarkhan Pathan and nine others namely Jabirkhan Pathan (accused’s father), Faizalkhan Pathan (accused’s brother), Shehnaz Khan Pathan (accused’s mother), Suraiyakhan Pathan, Fardinkhan Saiyad, Faridabanu Malek, Nadim Malek, Jay Kadam and one more person. The victim’s family filed the complaint after she told them about the physical and mental exploitation she endured after falling into Yasarkhan Pathan’s trap.

According to reports, the accused, Yasarkhan Pathan, met the 24-year-old victim Hindu female on social media in 2020 and began dating her. After completing her studies, the 24-year-old female from the SC (Scheduled Caste) community expressed a strong desire to study nursing in a foreign country. This was used by the accused to lure the girl in and promise to send her abroad. He allegedly obtained the female’s visa to Dubai after stealing Rs 5 lakh from her over a period of time. Because he couldn’t get a visa, he sent her alone. The victim stayed for 15 days before demanding to be brought back. The accused returned her to Nadiad and began living in a rented house.

In his absence, the accused’s family members allegedly physically abused the victim.

They allegedly forced her to put on a Burqa and recite the Quran.

The girl, fed up with the atrocities, went back to her parents but they were not willing to accept her. The victim then told them about the physical and mental exploitation she endured. The parents then filed a complaint at Nadiad town police station.

According to the victim’s parents, the youth had lied to them that their daughter was in Poland. He had shown the victim’s father the ticket on his phone. When the female told her parents she was going to Poland, they made a Rs 5 lakh arrangement by mortgaging the ornaments. The female had also reportedly sold her gold chain.

After receiving the complaint, the police began investigating the case by forming various teams. Eight accused have been nabbed while the police are on the lookout for the other two.

YouTube blocks Indian news outlet WION for reporting Russian Foreign Minister statement on Ukraine-Russia war, doesn’t ban Western channels that reported the same

The online video streaming platform Youtube had blocked Indian news channel WION for seven days for broadcasting a portion of the speech by the Russian foreign minister.

According to the statement issued by the WION network, Youtube blocked the WION channel on the platform for publishing a speech made by Russian foreign minister Sergei Lavrov. The platform had blocked the news outlet from uploading any new content on its channel.

In its statement, WION said that their users had written to them asking why was the media outlet not posting videos anymore.

However, as per WION, one of the videos it had published on March 10 had allegedly violated Youtube guidelines resulting in a seven-day ban. WION had broadcast two live speeches—one by Ukraine’s Foreign Minister Dmitry Kuleba and the second by Russian Foreign Minister Sergei Lavrov.

Days later, on March 22, YouTube reportedly sent a message to WION saying they would not be allowed to post any videos. They said it violated YouTube’s community guidelines. According to WION, they made an appeal to YouTube, however, it was rejected. The media outlet said they wrote to Youtube demanding an explanation.

“Our community guidelines prohibit content denying, minimizing, or trivializing well-documented violent events, including the Russian invasion of Ukraine. Under this policy, we have removed content, for example, denying that Russia invaded Ukraine or alleging that Ukrainian victims are crisis actors,” Youtube wrote in response.

WION has claimed that it was not the only media that telecast the Russian Foreign Minister’s speech, but several Youtube channels, including the western media outlets, had put up the video. However, Youtube decided to censor WION on the pretext that the video promoted pro-Russian content. After this, there were allegations that this was not just censorship by the big-tech, but it was also racism by YouTube given that they censored WION but not other Western channels that reported the same.

In response to the arbitrary ban on WION, the media outlet has slammed Youtube, asking who made the big tech companies like our media watchdog?

“YouTube cannot be a platform and act as an editor and a censor all at the same time. That’s called rigging the game. Silencing Russia will not end this war. Silencing us will not stop our journalism. We want people to know the truth—To hear and reject the lies, to form their own opinion and not be fed and programmed,” the WION said in response to Youtube banning their channel.

Youtube censors Russian media, neutral content on Russia-Ukraine crisis

Amidst the ongoing war in Ukraine, YouTube has arbitrarily blocked the channels connected to Russian state-backed media outlets Russia Today (RT) and Sputnik across Europe, effective immediately. YouTube, in its statement, said that the company was observing the situation in Ukraine very closely.

“It’ll take time for the systems to fully ramp up. Our teams continue to monitor the situation around the clock to take swift action,” the company operated by Alphabet Inc’s Google had said.

In addition to the Russian media outlets, Youtube has also censored independent media outlets under the pretext of publishing pro-Russian content.

USA President Joe Biden makes another gaffe? Tells US troops in Poland that they are ‘going to be in Ukraine’, White House clarifies

Amidst the raging war between Russia and Ukraine, the one country that has ended up looking disoriented is the United States of America. From threatening to sanction every country that refuses to toe their line to making several gaffes, the Joe Biden-Kamala Harris duo seems to be losing their grip on reality pretty quickly. Joe Biden seems to have made another gaffe while talking to the US troops posted in Poland during his visit.

On Friday, Biden was in Poland speaking to the US troops posted there and thanking them for their service. During his speech to the troops, Biden ended up telling them that they “would be in Ukraine”. It is pertinent to note that earlier, Biden had said that the US will not be sending their troops to Ukraine to fight off the Russian invasion.

Biden made the remark while addressing members of the Army’s 82nd Airborne Division after lunching on pizza and posing for selfies with several paratroopers at a mess hall in Rzeszow, southeastern Poland. “You’re going to see when you’re there, and some of you have been there, you’re gonna see — you’re gonna see women, young people standing in the middle in front of a damned tank just saying, ‘I’m not leaving, I’m holding my ground,’” Biden said.

After this gaffe was caught on camera, the White House scrambled to issue a clarification to the media. According to the New York Post, a White House official clarified that President Joe Biden was not changing his stance on sending US troops to Ukraine.

According to Post, a spokesperson of Biden told the newspaper, “The president has been clear we are not sending US troops to Ukraine and there is no change in that position.”

While Biden made this gaffe, during his interaction with the media after meeting the troops in Poland, Biden also called Russia President Vladimir Putin a ‘war criminal’.

Biden said that he was “surprised” how everyone had managed to be united in their quest to arrest the massacre at the hands of Russia and that the most severe sanctions in the history of the world has been imposed against Russia.

Biden also said during his remarks that the US was working to “keep the massacre from continuing” after more than 3.7 million Ukrainians fled their country during the month-old war.

Earlier, Biden had made another gaffe where he had claimed retaliatory use of bio-weapons. In a press conference in Belgium, Biden had said that the US response to Russian troops using chemical weapons “would depend on the nature of the use” and then said the US would respond “in kind.” A White House official had then clarified that the US would not use chemical weapons under any circumstances.

Trouble mounts for Navjot Singh Sidhu after Supreme Court reserves verdict on decades-old road rage case

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As if his humiliating defeat in the Punjab Assembly elections, which resulted in him losing his Party’s state presidential post, wasn’t bad enough, the Supreme Court on Friday reserved its decision on a petition seeking a review of its order letting off Congress leader Navjot Singh Sidhu with a Rs 1,000 fine in a 1988 road rage case in which a man died.

The SC was hearing the petition filed by the victim’s family, demanding that the former Punjab Congress chief be charged with a more serious crime such as culpable homicide, or even murder, than just causing hurt.

As the hearing concluded before the Special Bench of Justices AM Khanwilkar and Sanjay Kishan Kaul, senior advocate AM Singhvi appearing for Sidhu questioned the “activation” of the case in the Supreme Court so close to the crucial Punjab Assembly elections.

“Why was this activated? This was suddenly listed before the elections… Don’t know why this case was activated, and now the elections are over,” Singhvi remarked.

The Bench ruled that the remark was not fair to the court. “This has nothing to do with elections,” said Justice Kaul.

According to Justice Khanwilkar, the court could infer much more about the case. “That is an incorrect argument, Mr Singhvi,” said Justice Khanwilkar, forcing Singhvi to retract his comment.

Notably, during the last hearing on March 22, Navjot Singh Sidhu had told the Supreme Court that “there is no conclusive evidence to show that a single fist blow caused the death of a 65-year-old man.” He accused the victim’s family of making a “malicious attempt” to reopen his road rage case. A month prior, Sidhu had urged the Supreme Court to dismiss the review plea in the 33-year-old road rage case, saying it’s not maintainable now. 

Sidhu, in his reply to the review petition, said “the review petition is not maintainable, and the incident happened 33 years ago.” 

Sidhu had also urged the Supreme Court to dismiss the review petition in the road rage case against him, citing his “impeccable reputation and clean antecedents” and pleading with the Court not to change his sentence in the case.

But, unfortunately for the Congress leader, the Supreme Court has reserved its decision in a review petition seeking modification of the sentence handed down to Navjot Singh Sidhu in a 33-year-old road rage case, and has given all parties a week to file their submissions before reserving its decision.

Sadly, Congress leader Navjot Singh Sidhu has recently been navigating extremely turbulent waters. On March 16, 2022, the Punjab Congress leader had tendered his resignation to Sonia Gandhi. In what can be described as one of the shortest resignation letters, Navjot Singh Sidhu wrote,  “I hereby resign as President (PPCC)”. The cricketer-turned controversial politician posted a copy of the resignation letter on Twitter saying, “As desired by the Congress President I have sent my resignation.”

The letter came a day after Congress interim president Sonia Gandhi had asked all presidents of Pradesh Congress Committees of five states where assembly elections were held recently to put down their papers.

This marked the end of the short term of Sidhu as the Punjab Congress chief, for which he was fighting a battle inside the party for several years.

Is ‘Nimbooz’ a lemonade or a fruit juice? Supreme Court to decide

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Many unusual topics have piqued the interest of the Indian judiciary in recent times. In the latest, a Supreme Court bench decided to delve into the conflict of whether ‘Nimbooz’ is lemonade or a fruit pulp/juice-based drink. Once the Supreme Court rules on the drink’s legality, the exact amount of excise duty to be levied on it will be determined. The case has been ongoing since March 2015.

The case was brought before the bench led by Justice MR Shah and Justice BV Nagarathna by a company called Aradhana Foods, who wanted the drink to be classified as lemonade rather than the current status of fruit pulp or fruit juice-based drink. The case was essentially filed to determine the excise duty amount, which would ultimately be determined by the category of the drink.

Previously, Justice Dilip Gupta and P Venkata Subba Rao classified Nimbooz as a fruit juice-based beverage. As a result, the drink was subject to tariff Item 2022 90 20 of the Central Excise Tariff and was asked to accordingly pay the duty from February 2009 to December 2013 as lemonade.

“The product ‘Minute Maid Nimbu Fresh’ (hereinafter referred to as MMNF) manufactured by Brindavan Beverages Private Limited, and 7UP Nimbooz Masala Soda’ or 7UPNimbooz’ manufactured by PepsiCo India Holdings Private Limited are classifiable under Tariff Item 2022 90 20 of the Central Excise Tariff Schedule under the category of fruit pulp or fruit juice-based drinks,” Justice Dilip Gupta and P Venkata Subba Rao had said in their statement earlier while classifying the drink launched by the multinational company Pepsico in 2013 as a fruit juice-based beverage.

Now, overruling the previous order, the SC bench of Justice MR Shah and Justice BV Nagarathna said, “In view of the aforesaid order of the Larger Bench of the Tribunal, ‘Nimbooz’ would be classifiable under CETH 2022 10 20 of the First Schedule to the Central Excise Tariff Act,” due to which the bench decided to consider the appeal filed by Aradhana Foods.”

PepsiCo first introduced ‘Nimbooz’ in 2013. The popular drink has been described as a product made entirely of real lemon juice and containing no fizz. The description sparked a debate about its category, with some questioning Nimbooz’s status as a lemonade or fruit juice/fruit pulp-based juice.

‘Chur Chur Naan’, sandals and reasons behind extra-marital affairs…the bizarre topics that have piqued the interest of Indian judiciary

Interestingly, prior to this, the Indian judiciary was also seen focusing on such strange subjects. The Delhi High Court heard a case involving trademark infringement over the name of a Naan dish in 2019. The court then ruled that the terms ‘Chur Chur Naan’ and ‘Amritsari Chur Chur Naan’ cannot be monopolised because they are “completely generic.”

Besides that, the Delhi High Court had in the past shown a lot of interest in defining the terms “sandals” and “chappals.” Similarly, the Indian judiciary was also seen shifting its focus to determining what motivates people to engage in extramarital affairs.

A bench of the Madras High Court in March 2019 had asked a set of twenty questions to Central and State Governments, to ‘find out’ the reasons as to why people resort to illicit relationships despite being married.

In another bizarre incident, the Bombay High Court had last year lashed out at the Brihanmumbai Municipal Corporation for its faulty online approval process for goat slaughter on Eid after a person named ‘Neil Armstrong’ had obtained permission to slaughter 5 goats inside one of their own courtrooms.