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“No five-judge bench of Supreme Court can represent 140 crore Indians”: BJD MP Sasmit Patra on clashes between the Judiciary and Legislature

On Thursday (December 21), Biju Janata Dal (BJD) MP Sasmit Patra made a strong case for Parliament’s independence in drafting legislation, saying that the Supreme Court cannot dictate the legislative powers of Parliament. The BJD MP said that no five-judge bench of the Supreme Court can represent 140 crore Indians.

In his speech during the discussion on the Bharatiya Nyaya (Second) Sanhita 2023; Bharatiya Nagarik Suraksha (Second) Sanhita 2023; and Bharatiya Sakshya (Second) Bill 2023 in Rajya Sabha, BJD MP Sasmit Patra said, “I want to tell the parliament about a special topic, it is not merely about the three laws…I don’t know how many of us have gone to the Supreme Court’s court number one and stood among lawyers there…when a constitutional bench was formed on same-sex marriage issue then as an intervenor I was appointed to present my side. I noticed an interesting aspect there…some advocates there opined that the Parliament may pass the bills and make laws but here we can challenge and strike it down, what will the Parliament do (Sansad kya ukhaad lega)? This is the mindset.”

Welcoming the proposed bills (now passed) BJD MP went on to emphasise the importance of parliamentary sovereignty. “The constitution is supreme, it is a fact. Just the way we don’t go into the judiciary and make judicial pronouncements and the way we legislate in the parliament our [MP’s] rights should also remain intact,” Patra said.

He further discussed the legislative competence in the context of the same-sex marriage issue saying that if such a major change is to be brought about, and a five-judge bench decides it and imposes on the population of 140 crore Indians will there be same-sex marriages in every household, or states or cities. Patra said that he argued that the matter be handed over to the Parliament.

“The Parliament reflects the true conscience and mandate of the people of this country. We [MPs] have come here with the support of 140 crore citizens. Many a time when MPs are briefed by the law department, the Kesavananda Bharti case is mentioned to emphasise that the Parliament has no right of the basic structure… we [MPs] cannot legislate on that…” Patra said.

The BJD MP then quoted Vice President Jagdeep Dhankhar’s address during the 83rd All India Presiding Officers Conference about the basic structure, separation of powers and parliamentary sovereignty. “We are Members of Parliament, making laws for the country is our duty. But today Judiciary is undertaking the legislation and after sending the legislation we say this is pending in court….so what? The court will do its job and we will do ours. Will Parliament rely on the Judiciary? This needs to be discussed,” Patra stressed.

Quoting Vice President Dhankar’s speech, Patra said democracy blossoms when the legislature, executive and judiciary act in tandem and fructify the constitutional goals and fulfil the aspirations of the country. He highlighted that the three pillars of democracy should not intervene and perform functions of one another. Patra, thus, asserted that bringing up Kesavananda Bharti case to raise questions over the Parliament’s rights to legislate over certain matters is wrong as both the houses of the Parliament – the Lok Sabha and the Rajya Sabha have the complete rights to legislate. “This clarity should be there.”

Notably, the Kesavananda Bharti Vs State of Kerala, 1973 case verdict founded the Basic structure doctrine of the Indian Judiciary which meant that some basic features of the Indian constitution could not be altered even by means of amendment under article 368.

Furthermore, he questioned how can the Parliament or its legislations stand in contempt of court. “Can the courts give us rights and directives? What’s this fear? We [MPs] are relinquishing our rights that is why they are going there [to the Judiciary]” Patra said concluding his fierce speech reiterating that the Judiciary, the Legislature and the Executive are three equal parts of the basic structure of power with the Constitution at the helm.

As reported earlier, three momentous Bills to replace the Indian Penal Code, Code of Criminal Procedure and Indian Evidence Act were passed by the Rajya Sabha on Thursday. Replying to the debate in Rajya Sabha on bills that seek to replace the Indian Penal Code (IPC) of 1860, the Code of Criminal Procedure (CrPC) and the Indian Evidence Act, Union Home Minister Amit Shah said the implementation of new criminal laws will ensure an end to ‘tareekh pe tareekh’ era and justice will be given in three years.

The House earlier took up discussion on the Bharatiya Nyaya (Second) Sanhita, 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 and the Bharatiya Sakshya (Second) Bill, 2023. The three bills were passed by Lok Sabha on December 20.

‘The incident has hurt the sentiments of the Indian community’: India strongly condemns the attack on Swaminarayan Mandir in California by Khalistani extremists

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The Indian consulate in San Francisco on Saturday strongly condemned the defacement of the Swaminarayan Mandir Vasana Sanstha with anti-India and pro-Khalistani graffiti in California’s Newark city, saying the incident has “hurt sentiments of the Indian community”. The embassy also called for a quick probe into the matter and prompt action against the accused.

“We strongly condemn the defacing of SMVS Shri Swaminarayan Mandir at Newark, California with anti-India graffiti. This incident has hurt the sentiments of the Indian community. We have pressed for quick investigation and prompt action against the vandals by the US authorities in this matter,” the consulate wrote in a post on X.

In another attack on a Hindu temple in the US, the Swaminarayan Mandir in California’s Newark city was defaced with anti-India and pro-Khalistani slogans. The Hindu American Foundation took to X on Saturday, December 23, to share pictures, showing slogans against India and Prime Minister Narendra Modi scribbled on several walls of the temple. Alongside there were slogans exalting Khaliatsni terrorist Bhinderwala sprayed on the walls of the Hindu temple.

Condemning the vandalisation of the Hindu temple, the Hindu American Foundation said that the hateful messages may have been written to traumatise people visiting the temple and also create a “fear of violence”. The foundation insisted that the incident should be investigated as a hate crime and said the Newark Police Department and the Department of Justice Civil Rights Division were informed about it.

It’s worth mentioning here that such acts of vandalism of Hindu temples by Khalistani extremists have become very common in the United States and its neighboring Canada. India has already voiced alarm over the increasing activities of Khalistani terrorists and has asked countries to cracked down on groups and people attempting to incite separatism in India.

J & K: Jaish-e-Mohammed’s proxy People’s Anti-Fascist Front (PAFF) claims responsibility for the terrorist attack in Rajouri

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The People’s Anti-Fascist Front or PAFF, an offshoot of Pakistan-based terrorist organisation Jaish-e-Mohammed (JeM), has claimed responsibility for the Poonch terror attack in Jammu and Kashmir in which four soldiers of the Indian Army were killed. The attack took place in the forest of Dera ki Gali in the Rajouri district of the Poonch sector. Two Army vehicles were ambushed by heavily armed terrorists during the attack. A comprehensive search and cordon operation has been initiated in the Dera ki Gali forest area, utilising both ground forces and aerial support.

Following the ambush, the People’s Anti-Fascist Front (PAFF), a group believed to be a proxy for Jaish-e-Mohammed (JeM), claimed responsibility for the attack. Masood Azhar, the leader of the Pakistani terrorist organisation JeM, reportedly established PAFF. Additionally, it is reported that Mufti Azgar Kashmiri leads the group, while Mufti Abdul Rauf Azhar, Masood Azhar’s brother, manages the organisational aspects of the terrorist group.

Home Ministry has already banned PAFF

In January 2023, the PAFF was officially banned by the Union Home Ministry under the Unlawful Activities Prevention Act (UAPA) due to its involvement in various terrorist activities in Jammu and Kashmir. The Home Ministry’s notification highlighted that this terror outfit consistently issued threats to security personnel, political figures, and civilians from other states working in Jammu and Kashmir.

The ministry’s statement further mentioned that PAFF, along with other groups, was actively plotting to execute violent terrorist attacks in Jammu and Kashmir and major Indian cities. The conspiracy took place both physically and on social media.

Additionally, it was revealed that PAFF plays a significant role in radicalising and recruiting youth, training them in the use of firearms, ammunition, and explosives. Security officials have observed an increasing involvement of PAFF in terrorist activities, with the group being linked to several incidents in the Jammu-Kashmir region.

Terrorists from PAFF are infamous for employing body cameras during their assaults to record the events. These recordings are then utilised for propaganda purposes. An instance of this tactic was observed in April 2023, when PAFF terrorists attacked an Indian Army truck in Poonch and captured the incident on film.

US: Khalistanis deface Hindu temple with pro-Khalistan slogans in Newark, California

On Friday (December 22), a Hindu temple Swaminarayan Mandir Vasana Sanstha in Newark, California, was defaced with pro-Khalistan, anti-Modi and anti-India slogans. As seen in the pictures going viral online, the outer wall of the temple is defaced with “Khalistan”, “Shaheed [Martyr] Bhindrawale”, “F$%k Modi Jindabad” and “Modi Is Terrorist”.

Taking to X, the Hindu American Foundation (HAF) shared pictures of the defaced temple walls and said that they had informed Newark Police about the incident. The Foundation has requested Newark Police to investigate the matter as a hate crime.

“Swaminarayan Mandir Vasana Sanstha in Newark, California was defaced with pro-#Khalistan slogans. @NewarkCA_Police and @CivilRights have been informed and full investigation will follow. We are insisting that this should be investigated as a hate crime. The mention of the Khalistan terrorist kingpin #Bhindranwale, who targeted Hindus for murder, is specifically meant to traumatize temple goers and create a fear of violence—meeting the CA definition of a hate crime,” HAF posted.

The local authorities were on the scene. However, there has been no action taken against Khalistani perpetrators so far. He added that the Temple Committee will soon address the media on the matter.

“Khalistani terrorists in United States have vandalised and desecrated the Swaminarayan temple in Newark (Bay area, CA). Local Law Enforcement are on the spot. No action taken yet against Khalistani thugs and goons. Temple committee to address media soon,” journalist Aditya Raj Kaul posted about the incident.

Similar attacks have taken place in the past, both in the United States and its neighbouring Canada, wherein Hindu temples have been attacked, vandalised and defaced with derogatory graffiti. India has already voiced alarm over the increasing activities of Khalistani terrorists and has asked countries to cracked down on groups and people attempting to incite separatism in India.

62 villages in Western UP ban entry of Congress and TMC for insulting Vice President, decision taken in Dhankhar Khap Panchayat

In a significant move, the Jat community, particularly those belonging to the Dhankhar gotra, have banned the entry of Congress and Trinamool Congress (TMC) leaders in 62 villages across western Uttar Pradesh. In this regard, a panchayat of the community took place in Baghpat district on Friday (22nd December). This decision comes in the wake of the recent mimicry and insult of Vice President Jagdeep Dhankhar on Parliament premises on 19th December.

This panchayat meeting was convened on 22nd December in Faizpur Ninana village, Baghpat, where community leaders and residents expressed strong displeasure over the incident. The panchayat, representing the collective voice of the community, resolved to implement several measures in response to the insult to the Vice President of India.

It was unanimously decided that leaders from the Congress and TMC would not be permitted to enter 62 villages in western UP, a region with a significant Dhankhar gotra population. The community has also demanded an apology from Rahul Gandhi, who recorded the episode of mimicry.

The panchayat also decided to stage protests, including a potential encirclement (gherao) of the Parliament, if the politicians insulting the Vice President do not apologise. The attendees agreed to boycott and oppose those who were part of the insulting act or who supported it.

Harendra Singh, former Pradhan of Faizpur Ninana Village said, “This panchayat was organised in protest against the insult of Jagdeep Dhankhar Ji in Parliament. We will always oppose those who have done this. This decision has been taken in the panchayat. We will not support such a party or someone who insults our community. There is deep resentment in the society. The insult of the Dhankhar gotra, the entire OBC, and farmer brothers will not be tolerated.”

He added, “People of Dhankhar Gotra are in Haryana and Rajasthan as well. These people will not tolerate insult at any cost. A meeting was also held there three to four days ago. There was also a demonstration. If they do not apologise, we will protest.”

Netrapal Singh, a local who attended the panchayat, said, “The Vice President was insulted in Parliament. We will hold a panchayat and go to Parliament House. Rahul Gandhi should apologise. If he doesn’t apologise, we will stage a protest and gherao Parliament. Everyone is unhappy about this. The Jat community will also oppose those who remain on Congress-TMC’s side and do not oppose it.”

During the winter session of Parliament, a massive ruckus led to the suspension of 141 MPs due to their disruptive behaviour. Amidst these tensions, on 19th December, opposition MPs staged protests outside the Parliament House. Trinamool Congress MP Kalyan Banerjee engaged in mimicry of Rajya Sabha Chairman Jagdeep Dhankhar. Compounding the controversy, Congress MP Rahul Gandhi was seen recording a video of this demeaning act. Describing the incident as shameful, the Vice President said that it was ridiculous and unacceptable that one MP was making fun of him and another MP was making a video of the incident underscoring the lack of decorum in the situation.

Indian engineer Vishnu Dev Radhakrishnan, who spent 5.5 years behind bars over accusations of ‘blasphemy’, finally released from Saudi jail

On Tuesday (19th December), the father of Vishnu Dev Radhakrishnan took to social media to inform that his son who spent the past 5 and half years in a Saudi jail has been released.

An engineer by profession, Radhakrishnan became the first Indian to be tried under the draconian blasphemy laws of Saudi Arabia. He was sentenced to 10 years in prison on the grounds of ‘misusing social media’ and hurting the religious and national sentiments of the Gulf nation (for his remarks on Prophet Muhammad).

In a tweet on X (formerly Twitter), the father of the victim wrote, “At last my son is saved with the help of Nouf Marwaai and advocate Samar Sufiani. I am thankful to these ladies of Saudi and the authorities of Saudi Govt. All these couldn’t have been possible without the help of my friend.”

“All this happened due to the effort of @duryodan_ who introduced me to @NoufMarwaai and through her the contract was signed with the Advocate”, he further added.

In another tweet, the father of the victim claimed that Vishnu Dev Radhakrishnan was never ill-treated by Saudi jail authorities and that they facilitated his early release.

The story of Vishnu Dev Radhakrishnan

On the fateful day of June 7, 2018, Vishnu Dev Radhakrishnan was arrested by the police in Saudi Arabia on charges of blasphemy. Vishnu Dev, a native of Alappuzha in Kerala, had been residing in the Gulf nation for 6 years then.

He was working at Saudi Aramco’s subsidiary, Nasser S Al-Hajri Corporation, as an engineer. In 2018, Vishnu Dev had befriended a Muslim girl on the micro-blogging platform on Twitter. She was a resident of London in the United Kingdom.

During their conversation on Twitter, the Muslim girl made objectionable remarks against Lord Shiva. An enraged Vishnu Dev then tweeted against Prophet Muhammad. He also asked as to why schools in Yemen were bombed if Allah was merciful.

Given that bombings in Yemen were conducted on the behest of the Saudi regime, the government clamped down on him hard. Vishnu Dev’s father recounted, “The tweets went through Aramco’s server. Vishnu told me that the officials at Aramco might have taken the screenshots of his conversation with the woman and given it to the police.”

About 15 days before his arrest, the Indian man was quizzed by the security officials at Aramco. The company officials had detained him at the office for 15 days and said that he would be deported back to India. Instead of letting him contact the Indian embassy, Vishnu Dev was handed over to the police.

On June 7, 2018, he was arrested by the police on the grounds of ‘misusing social media’ and for hurting the religious and national sentiments of the Gulf nation (for his remarks on Prophet Muhammad).

On September 13 that year, he was sentenced to 5 years imprisonment in Khobar jail and penalised a sum of 1,50,000 Riyal (₹29.12 lacs). Later on January 24, 2019, he was sentenced to 10 years in prison and an additional penalty.

While speaking about his case, a Malayali social organisation Navayugam informed that Vishnu Dev was fortunate to escape beheading and other draconian forms of punishment due to his nationality.

According to Radhakrishnan, some Indian Muslims took screenshots of Vishnu Dev’s tweets and complained about him to the Saudi authorities. Interestingly, he informed that prisoners from Kerala lodged in the same jail had tried to proselytise and convert him to Islam. 

Influencer Vivek Bindra booked for allegedly abusing and assaulting wife hours after wedding, FIR says Yankita hospitalised with severe injuries and hearing loss

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Well-known motivational speaker Vivek Bindra has been booked in a domestic violence case for allegedly assaulting his wife just a hours after the marriage. Bindra tied the knot with Yanika on December 6, 2023, and just 8 days later, a case was filed against him alleging that he assaulted his newlywed wife. He allegedly assaulted her a few hours after midnight on 7th December when Yankita tried to mediate an argument between Bindra and his mother.

The case was filed by Yanika’s brother Vaibhav on 14 December at the Noida Sector 126 police station. The YouTuber has been booked under various sections of the IPC including 323 (voluntarily causing hurt), 504 (Intentional insult), 427 (Mischief causing damage) and 325 (voluntarily causing grievous hurt).

In the complaint, Vaibhav alleged that Vivek Bindra locked his sister in a room, hurled abuses and physically assaulted her severely, resulting in injuries all over her body. The incident took place at around 2.30-3.00 AM on 7th December, hours after the wedding on 6th, as per the FIR.

The FIR states that the assault was the result of an argument between Vivek Bindra and his mother. When Yanika tried to intervene in the matter, he dragged her into a room, locked her in, and assaulted her causing severe injuries.

The complaint adds that Yanika is unable to hear properly due to the assault on her ears. Yanika has injuries all over the body, and her hairs were pulled out. Her phone was also smashed by Vivek Bindra. She is currently admitted to Delhi’s Kailash Deepak Hospital for medical treatment.

This is the latest in the controversies surrounding Vivek Bindra. He is currently involved in a feud with popular YouTuber Sandeep Maheshwari, who has alleged that Bindra’s entrepreneurship courses are nothing but a scam, and it is a Pyramid Scheme.

Maheshwari posted a video in which several students of Bindra’s programs alleged that after enrolling into the programs by paying hefty fees, they were asked to further sell the program to others, and no entrepreneurship was being taught to them. The youths alleged that they were duped by Bada Business Private Limited, a company owned by Vivek Bindra, and they could recover the money only if they can dupe others.

However, Bindra has refuted the allegations, saying that Maheswari should have talked to him before making the allegations public.

Apart from this, an old video of Vivek Bindra making casteist comments against Shudras has also surfaced. In that video, he had said Shudras are an assistant class of society, they can assist well, but they can’t become leaders. If Shudras are made leaders, the nation will collapse, he had claimed.

‘Trying to sow poison of religious bigotry in harmonious society’: BJP slams Karnataka CM Siddaramaiah over decision to reverse hijab ban in colleges

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The BJP has slammed the Karnataka CM Siddaramaiah after he announced that his government will reverse the state government’s hijab ban in the state.

In a notable development, CM Siddaramaiah on Friday said his government would overturn the directive prohibiting the wearing of hijabs in classrooms. This directive was enacted by the preceding BJP government and subsequently triggered a legal dispute.

“We will take back that decision, there is no Hijab ban now. Women can go out wearing hijab. I have told the officials to take back the order (previous govt order),” Karnataka CM Siddaramaiah said at a programme in Nanjangud in Mysuru district.

“Dressing and eating food is our choice, why should I object? Wear whatever dress you want, eat whatever you want, why should I care? We should not do politics to get votes, we don’t do that,” Siddaramaiah said over the 2022 controversy which eventually found its way into the Karnataka High Court, which upheld the state’s decision to ban religious attires in educational institutes.

Swiftly responding, the BJP, through its social media platform, accused the Chief Minister of attempting to foster religious discord in a previously harmonious society. The party contended that a uniform policy promotes equality among students, accusing the Chief Minister of fostering divisions.

The former BJP government had implemented a ban on wearing hijabs in educational institutions. The Department of Primary and Secondary Education had circulated a directive prohibiting the use of hijabs in schools and PU colleges, sparking a political uproar. This decision led to both supportive and opposing protests throughout the state, beginning with a college in Udupi.

In 2022, petitions challenging the order were submitted to the Karnataka High Court. The court ruled in support of the state’s circular, emphasising that students in educational institutions should adhere to prescribed uniforms. In cases where no specific dress code was prescribed, students were advised to wear attire promoting equality, and integrity, and not disrupting public order. The court determined that wearing the hijab was not deemed an essential religious practice. Subsequently, the Supreme Court issued a divided verdict on the matter later in the year, and the case is currently awaiting further consideration by a larger Bench.

Uttarakhand Cabinet approves decisions taken by the Uniform Civil Code draft committee so far

The Uttarakhand Cabinet has approved the decisions taken so far by the five-member panel formed to prepare a draft for the Uniform Civil Code (UCC) in the state.

The cabinet approved the decision in a meeting held on Friday under the chairmanship of Uttarakhand CM Pushkar Singh Dhami.

However, the committee has yet to submit its detailed report to the government.

The committee is headed by retired Supreme Court judge Ranjana Prakash Desai, who currently heads the Delimitation Commission of India. Other members of the committee include retired Delhi High Court judge Pramod Kohli, social activist Manu Gaur, ex-chief secretary and IAS officer Shatrughan Singh, and Doon University Vice-Chancellor Surekha Dangwal.

The UCC was promised to the people of the state in the run-up to the 2022 assembly polls in Uttarakhand.

Article 44 of the Constitution of India says that the State shall endeavour to secure a Uniform Civil Code (UCC) throughout the territory of India. The UCC proposes a common set of laws dealing with marriage, inheritance, adoption, and other matters.

The UCC, which had been a hot topic that had polarised opinions over the last 4 years, hit the forefront yet again after Prime Minister Narendra Modi made a strong case for the implementation of uniform legislation in an address in Madhya Pradesh’s Bhopal.

PM Modi said the country cannot run on two laws and that the Uniform Civil Code was in keeping with the founding principles and ideals of the Constitution. 


(This news report is published from a syndicated feed. Except for the headline, the content has not been written or edited by OpIndia staff)

ED summons Arvind Kejriwal for third time in liquor policy probe after he went for Vipassana skipping questioning, asks him to appear on January 3

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Enforcement Directorate (ED) on Friday issued a summon to Delhi Chief Minister Arvind Kejriwal in connection with the excise policy case and has asked him to appear before the central agency on January 3.

This is the third summon that has been issued to the Delhi Chief Minister by the central agency.

Kejriwal was earlier summoned by the ED in connection with an excise policy case on December 18, asking him to appear before the central agency for questioning on December 21.

The Delhi CM was first called by the central agency to appear on November 2, but he did not depose, alleging that the notice was “vague, motivated and unsustainable in law.”

“The said summons is not clear as to the capacity in which I am being summoned i.e. as a witness or a suspect in the above-mentioned case. Please recall the said summons, which is, to say the least, vague and motivated and I am advised, unsustainable in law,” Kejriwal had stated in his letter to Jogendar, Assistant Director, ED.

He further alleged that the said summons appears to be politically motivated and issued for extraneous considerations.

Arvind Kejriwal was again summoned by the ED in connection with the Delhi excise policy case on December 18.

However, the Delhi Chief Minister chose to skip appearing before the central agency, stating that it was just to create sensational news in the final months of the parliamentary elections in 2024.

Questioning the timing of the summons, Kejriwal said, “The timing of your summons leaves much to desire and strengthens my belief that the summons being sent to me are not based upon any objective or rational yardstick but purely as propaganda as well as to create sensational news in the final few months of much-awaited parliamentary elections in the country.”

Delhi Chief Minister was also summoned by the Central Bureau of Investigation (CBI) in April this year, in connection with the case.

However, Kejriwal was not named as an accused in the first information report (FIR) filed by the CBI on August 17, last year. In February 2023, Arvind Kejriwal’s Deputy Manish Sisodia was arrested by the CBI for alleged irregularities in the framing and implementation of the now-scrapped Delhi’s new excise policy. The policy was withdrawn amid allegations of foul play by the opposition.

(This news report is published from a syndicated feed. Except for the headline, the content has not been written or edited by OpIndia staff)