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Justice Shah: Is this what the value of human life’s coming to?

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Justice Shah delivers the MN Roy Memorial Lecture, courtesy YouTube

[vc_row][vc_column][vc_column_text]In his lecture on nationalism, he was critical of the apex court’s judgements and upheld freedom of speech

By Sucheta Dasgupta

Former Delhi High Court chief justice Ajit Prakash Shah has provided a whole lot of constructive criticism for the Indian judiciary. Speaking at the MN Roy Memorial Lecture last week, Justice Shah (retired) looked critically into two Supreme Court judgments, one Supreme Court decision, one High Court order, a law and the demand for one made by a leading public figure.

Justice Shah criticized the Supreme Court’s decision to uphold the constitutionality of criminal defamation in Subramaniam Swamy vs UOI case in May 2016. Congress vice-president Rahul Gandhi, Delhi Chief Minister Arvind Kejriwal and BJP leader Subramanian Swamy had challenged the constitutional validity of sections 499 and 500 of the Indian Penal Code, providing for criminal defamation. “Right to free speech is not absolute. It does not mean freedom to hurt another’s reputation which is protected under Article 21 of the Constitution,” the Supreme Court had ruled.

Known for his bold judgements, especially the one which decriminalised homosexuality in 2009, the ex-judge, who retired in 2010, also slammed the top court’s November 2016 order directing all cinema halls across India to play the national anthem before the start of a film, and requiring the audience to stand up as a “show of respect”.  “The order of the Court, which seems a little short on reasoning to help understand how such an interim order was passed, befuddles and seems contrary to the spirit of the Constitution and past precedent, Bijoe Emanuel [in this historic 1986 case, a family of Jehovah’s Witnesses won the permission not to sing the national anthem in school, arguing that the act violated their right to worship] which made it clear that we cannot be forced to sing the anthem. It is important to remember that the right to free speech and expression also includes the right not to speak or express ourselves,” Justice Shah explained. “However, under the guise of ‘law’, the Court has now stepped in and restricted our fundamental rights,” he said, adding: “The order may have ensured that cinema audiences throughout are now standing before the national anthem plays, but what the Court fails to have realised is that such an action is a performance, motivated by fear of being beaten up, rather than genuine respect and love for the anthem. In the end, it has actually undermined patriotism amongst fellow Indians”.

Next in his line of fire was the apex court’s decision in March to examine Azam Khan’s statement (that the Bulandhshahr gang-rape, of a woman and a minor, was an “opposition conspiracy”) in the light of the question that it itself raised— whether or not the right to free speech under Article 19(1)(a) is to be controlled singularly by the language under Article 19(2) or it is also impacted by the right to life and personal liberty under Article 21 of the Constitution. Outrageous as Khan’s comment is, for which he later apologised—and the Supreme Court rejected his apology—Justice Shah rightly pointed out that the answer to the aforesaid question may “have a profound impact in restricting the scope of Article 19(1)(a) and undermine our constitutionally guaranteed [fundamental] right”. Besides, he argued, how can one fundamental right be conditional to another one? After all, the remedy of all crises arising out of free speech is more free speech, and everyone is entitled to their opinion, however worthless or malformed those may be.

But, even the Bombay High Court has on occasion failed to protect the right to free speech, Justice Shah said. “Recently [February], it constituted a three-member committee (comprising two lawyers) to give a report on the scenes in the movie Jolly LLB-2 it found ‘objectionable’, because it was prima facie of the view that certain scenes—those involving a cowering judge and some dialogue between the lawyers—were in contempt of the judiciary and the legal profession. Mind you, this was a movie where the CBFC, i.e. the Censor Board, has given the requisite certification for its release. It was also a case where the High Court entertained the writ petition (later converted to a PIL) based only on two trailers and some photographs. The Bombay High Court’s order [directing deletion of four scenes from the film], the report of the three-member ‘committee’, and the proximity of the release date, essentially forced the producers and director of the movie to ‘compromise’ and undertake to make the requisite modifications and deletions to the objectionable scenes,” he maintained.

Justice Shah made a cogent argument for repeal of Section 124-A of the Indian Penal Code, infamous as the sedition law. He reminded his audience of the history of the law, introduced by the British to crush dissent by our freedom fighters. He drew his listeners’ attention to the fact that the United Kingdom, from which India inherited it, has abolished it in 2009. Citing the Supreme Court’s judgement in the 1962 Kedarnath Singh vs State of Bihar case, wherein it limited the application of the law to “acts involving intention or tendency to create disorder, or disturbance of law and order, or incitement to violence”, he said it had been inappropriate to view the JNU sloganeering incident in the same light. Nevertheless, he said, the broad scope of the law “allows it to be used by the state to go after those who challenge its power—whether it is the JNU students, activists such as Hardik Patel and Binayak Sen, authors such as Arundhati Roy, cartoonists such as Aseem Trivedi, or the villagers of Idinthakarai in Tamil Nadu protesting against the Kudankulam nuclear power plant”. Sedition charges seldom stick, but the harassment they cause is immense, he said, completing his argument.

Finally, Justice Shah called for a unanimous rejection by citizens of RSS chief Mohan Bhagwat’s demand for a national law against cow slaughter. “Preventing people from eating the food they want and effectively forcing a life choice on them undermines any feelings of nationalism and unity… We must be wary of forcing a single ideology or way of living on the entire country, especially a country as diverse as India, where states such as Kerala or the various states in the northeast consider beef a staple part of their diet. One reads multiple reports about slaughterhouse crackdowns in UP, crackdowns that are primarily targeted at Muslim butchers, leaving lakhs of people with fear, but without stable employment. We also recently had the horrific incident in Una where seven Dalits were beaten by cow-vigilantes for alleged cow slaughter. And how can we forget the lynching of Akhlaq, who was suspected for allegedly storing and consuming beef, but where the first thing that was sent for forensic examination was not his body, but the food that is in the fridge. Is this what the value of human life comes to?” Justice Shah said, reminding his audience that “only free souls can create abiding cultural values; they may physically belong to one particular class or geographically to a particular country; spiritually, they transcend all social and territorial limitations”.[/vc_column_text][/vc_column][/vc_row]

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Chaos mars Lionel Messi’s Kolkata GOAT Tour event as fans protest poor arrangements

Lionel Messi’s brief appearance in Kolkata was overshadowed by chaos as fans alleged mismanagement, prompting an apology and an official enquiry by the state government.

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Messy event Chaos kolkata

Lionel Messi’s much-anticipated appearance in Kolkata turned chaotic on Saturday after thousands of fans alleged mismanagement at the Yuva Bharati Krirangan, leaving many unable to even see the Argentine football icon despite holding high-priced tickets

Fans express anger over limited access

The Kolkata leg of the G.O.A.T. Tour was billed as a special moment for Indian football fans, with ticket prices ranging between Rs 5,000 and Rs 25,000. However, discontent grew rapidly inside the stadium as several attendees claimed their view of Messi was obstructed by security personnel and invited guests positioned close to him.

As frustration mounted, some fans resorted to throwing chairs and bottles from the stands, forcing organisers to intervene and cut the programme short.

Event cut short amid disorder

Messi reached the venue around 11:15 am and remained there for roughly 20 minutes. He was expected to take a full lap of the stadium, but that plan was abandoned as the situation deteriorated soon after he emerged from the tunnel.

The disorder also meant that prominent personalities, including actor Shah Rukh Khan, former India cricket captain Sourav Ganguly and West Bengal Chief Minister Mamata Banerjee, could not participate in the programme as scheduled.

Organisers whisk Messi away

With fans breaching security and some vandalising canopies set up at the Salt Lake Stadium, the organisers, along with security personnel, escorted Messi out of the venue to prevent further escalation.

Several attendees described the event as poorly organised, with some fans calling it an “absolute disgrace” and blaming mismanagement for spoiling what was meant to be a celebratory occasion.

Mamata Banerjee apologises, orders enquiry

Chief Minister Mamata Banerjee later issued a public apology to Messi and the fans, expressing shock over the mismanagement. She announced the formation of an enquiry committee headed by retired Justice Ashim Kumar Ray, with senior state officials as members.

The committee has been tasked with conducting a detailed probe, fixing responsibility and suggesting steps to ensure such incidents are not repeated in the future.

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Delhi enforces new law to regulate fees in private schools

Delhi has notified a new law to regulate private school fees, capping charges, banning capitation fees and mandating transparent, committee-approved fee structures.

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Delhi School fees

The Delhi government has officially brought into force a new law aimed at regulating fees in private schools, notifying the Delhi School Education (Transparency in Fixation and Regulation of Fee) Act, 2025. The notification was issued on Wednesday, nearly four months after the Bill was cleared by the Delhi Assembly and received approval from Lieutenant Governor V K Saxena.

The Act establishes a comprehensive framework to govern how private unaided schools fix and collect fees, with a clear emphasis on transparency, accountability and relief for parents facing repeated fee hikes.

What the new Act provides for

Under the legislation, private unaided recognised schools can charge fees only under clearly defined heads such as registration, admission, tuition, annual charges and development fees. The law caps registration fees at Rs 25, admission charges at Rs 200 and caution money at Rs 500, which must be refunded with interest. Development fees have been restricted to a maximum of 10 per cent of the annual tuition fee.

Schools have also been directed to disclose all fee components in detail and maintain separate accounts for each category. Any fee not specifically permitted under the Act will be treated as an unjustified demand.

The law strictly prohibits the collection of capitation fees, whether direct or indirect. It further mandates that user-based service charges must be collected strictly on a no-profit, no-loss basis and only from students who actually use the service.

Accounting norms and restrictions on surplus funds

To ensure financial transparency, schools are required to follow prescribed accounting standards, maintain fixed asset registers and make proper provisions for employee benefits. The transfer of funds collected from students to any other legal entity, including a school’s managing society or trust, has been barred.

Any surplus generated must either be refunded to parents or adjusted against future fees, according to the notification.

Protection for students and parents

The Act also places restrictions on punitive action by schools in fee-related matters. Schools are prohibited from withholding results, striking off names or denying entry to classrooms due to unpaid or delayed fees.

The law applies uniformly to all private unaided schools in Delhi, including minority institutions and schools not built on government-allotted land.

School-level committees to approve fees

A key feature of the legislation is the mandatory formation of a School-Level Fee Regulation Committee by July 15 each year. The committee will include five parents selected through a draw of lots from the parent-teacher association, with compulsory representation of women and members from Scheduled Castes, Scheduled Tribes and socially and educationally backward classes.

A representative from the Directorate of Education will also be part of the panel, while the chairperson will be from the school management.

Schools must submit their proposed fee structure to the committee by July 31. The committee can approve or reduce the proposed fees but cannot increase them. Once finalised, the fee structure will remain fixed for three academic years.

The approved fees must be displayed prominently on the school notice board in Hindi, English and the medium of instruction, and uploaded on the school website wherever applicable.

The Delhi government had earlier described the legislation as a significant step towards curbing arbitrary fee hikes after widespread complaints from parents at the start of the academic session.

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Delhi air quality nears severe as smog blankets city, airport issues advisory

Delhi recorded very poor to severe air quality on Saturday, with dense smog affecting visibility and prompting an advisory from the city airport.

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Delhi pollution

Residents across Delhi and adjoining areas woke up to dense smog on Saturday morning, with air quality levels edging close to the ‘severe’ category in several locations

Data from the Central Pollution Control Board showed the overall Air Quality Index (AQI) at 390 at 8 am, placing it in the ‘very poor’ category. However, multiple monitoring stations in the national capital recorded AQI readings in the ‘severe’ range.

Areas reporting severe air quality included Anand Vihar (435), Ghazipur (435), Jahangirpuri (442), Rohini (436), Chandni Chowk (419), Burari Crossing (415), and RK Puram (404). The high pollution levels were accompanied by a mix of smog and shallow fog, which reduced visibility in several parts of the city during the early hours.

Smog reduces visibility, health risks rise

As per AQI classification, readings between 401 and 500 fall under the ‘severe’ category, indicating serious health risks. Officials note that prolonged exposure at such levels can trigger respiratory problems even among healthy individuals, while those with existing conditions face higher risks.

Dangerous pollution levels have become a recurring concern in Delhi during the winter months. On Friday as well, a thick haze covered the city, with the overall AQI recorded at 386 and visibility remaining poor in several localities.

Delhi airport activates low visibility procedures

Amid the deteriorating air quality, Delhi airport issued an advisory stating that low visibility procedures were in place. In a post on X, the airport confirmed that flight operations were normal at present but advised passengers to stay in touch with their respective airlines for the latest updates.

Despite some marginal improvement over recent weeks, large parts of the capital continue to remain under a blanket of toxic smog. The worsening situation has also intensified political sparring over pollution control measures in the city.

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