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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]

India News

22 Maoists surrender in Sukma, cite disillusionment with ideology and tribal atrocities

In a major success for anti-Maoist operations, 22 Maoists, including key commanders, surrendered in Sukma, Chhattisgarh, influenced by state development schemes and new rehabilitation policy.

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Maoists

In a significant development in Chhattisgarh’s Sukma district, 22 Maoists, including nine women, laid down arms before security forces, expressing disillusionment with the Maoist ideology and its violent impact on tribal communities.

Among the surrendered, 12 were carrying a combined bounty of Rs 40.5 lakh. The surrender took place in the presence of senior officials from the police and Central Reserve Police Force (CRPF). Sukma Superintendent of Police Kiran Chavan confirmed the development, highlighting the role of various government schemes and the updated rehabilitation policy in encouraging the cadres to give up arms.

Key Maoist figures among those surrendered

Those who surrendered include Muchaki Joga (33), deputy commander in the People’s Liberation Guerrilla Army (PLGA) company no. 1 under the Maad division, and his wife Muchaki Jogi (28), a member of the same squad. Both carried a bounty of Rs 8 lakh each.

Other notable names are Kikid Deve (30) and Manoj alias Dudhi Budhra (28), area committee members of the Maoists, each carrying a reward of Rs 5 lakh. Additionally, seven individuals carried a bounty of Rs 2 lakh each, while one was wanted with a reward of Rs 50,000.

According to officials, many of these Maoists were involved in several violent attacks against security personnel in the region.

Development schemes helped influence decision

Police officials said the surrender was influenced by the Chhattisgarh government’s ‘Niyad Nellanar’ (Your Good Village) scheme, which focuses on development in remote areas, as well as the newly introduced surrender and rehabilitation policy aimed at providing assistance to former Maoists.

All the surrendered individuals received an initial assistance of Rs 50,000 and will be rehabilitated under the government’s policy. Their surrender was made possible through coordinated efforts of the district police, District Reserve Guard (DRG), CRPF, and its elite CoBRA unit.

Growing trend of surrenders

The recent surrender is part of a larger trend. As per police records, 792 Maoists surrendered across the Bastar region, including Sukma, last year alone. This reflects a growing impact of state-led initiatives to counter insurgency through development and reintegration.

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India News

India rebukes Bangladesh’s remark on Bengal violence, urges focus on minority rights at home

India strongly responded to Bangladesh’s remarks over the Murshidabad violence, calling them unwarranted and urging Dhaka to focus on its own minority rights.

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Police deployment in Murshidabad after Waqf protest violence

India has firmly rejected Bangladesh’s statement concerning the recent communal violence in West Bengal’s Murshidabad district, labelling it as an “unwarranted comment” and a case of “virtue signalling.” The Ministry of External Affairs (MEA) has advised Dhaka to turn its attention inward and ensure the safety and rights of its own minority communities.

The diplomatic exchange was sparked by a comment from Bangladesh’s press secretary Shafiqul Alam, who urged Indian and West Bengal authorities to ensure the safety of “minority Muslim populations” in the region, referring to the unrest related to protests against amendments to the Waqf Act.

Responding strongly, MEA spokesperson Randhir Jaiswal dismissed the remark as a “barely disguised and disingenuous attempt” to equate the situation in India with the “ongoing persecution of minorities in Bangladesh,” where, according to him, perpetrators continue to roam freely.

India’s pushback came in the backdrop of earlier data shared in Parliament by External Affairs Minister S. Jaishankar. He informed that over 2,400 cases of atrocities against religious minorities had been reported in Bangladesh in 2024, following political unrest. In 2025, the number has already reached 72.

The Centre’s statement coincided with the announcement by West Bengal Governor CV Ananda Bose of his upcoming visit to the violence-affected Murshidabad district. Describing his intent to “impose peace at any cost”, the Governor’s decision drew a response from Chief Minister Mamata Banerjee, who claimed that the situation was normalising and urged him to reconsider the timing of the visit.

According to a state report, the protests started peacefully on April 4 but escalated on April 8 when around 5,000 protesters blocked National Highway-12 at Umarpur. The mob allegedly attacked police with firebombs, sharp weapons, and iron rods. Government vehicles were also targeted in the clash.

Further violence was reported on April 11 in Suti and Samsherganj, where both public and private properties were vandalised. Police officials said they had to open fire at Sajur More in Suti in self-defence. So far, 278 individuals have been arrested in connection with the unrest.

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Cricket news

Los Angeles 2028 Olympics: South California city of Pomona to host cricket, announces ICC

The T20 format, known for its fast-paced, three-hour matches, is celebrated for driving cricket’s growth, making it ideal for the Olympic spotlight.

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The International Cricket Council (ICC) has revealed that Pomona, a vibrant Southern California city, will host the cricket tournaments during the 2028 Los Angeles Olympics. This marks a historic moment as cricket returns to the Olympic stage after a 128-year hiatus, last appearing in 1900 at the Paris Games.

The cricket events, featuring six teams each in men’s and women’s competitions, will take place at the Pomona Fairgrounds, commonly known as Fairplex. Located 48 kilometres east of Los Angeles, the main Olympic hub, Fairplex is a sprawling venue renowned for hosting conventions, trade shows, educational initiatives, and motorsport events. However, it currently lacks a dedicated cricket pitch, prompting curiosity about how the facility will be adapted for the global sport.

ICC chairman Jay Shah hailed the venue selection as a pivotal step in cricket’s Olympic journey. “The announcement is a milestone in our preparations,” Shah said. “Cricket, already a global phenomenon, will leverage the dynamic T20 format at LA28 to engage new fans and transcend traditional boundaries.” The T20 format, known for its fast-paced, three-hour matches, is celebrated for driving cricket’s growth, making it ideal for the Olympic spotlight.

Cricket’s inclusion in the LA28 program was confirmed at the International Olympic Committee’s 141st Session in Mumbai in October 2023. It joins five other new sports—baseball/softball, flag football, lacrosse (sixes), and squash—adding diversity to the Olympic lineup. The decision reflects cricket’s rising global appeal, particularly in regions like South Asia, Australia, and the Caribbean.

The T20 format has proven its versatility in multi-sport events, featuring in the Asian Games (2010, 2014, 2023) for both men’s and women’s teams and the 2022 Birmingham Commonwealth Games for women’s cricket. These appearances have showcased cricket’s ability to captivate diverse audiences.

Pomona’s selection underscores its growing prominence as a cultural and sporting hub. With the Olympics as a platform, cricket aims to expand its footprint in the United States, where the sport is gaining traction through initiatives like Major League Cricket. The LA28 cricket events promise to blend athletic excellence with cultural celebration, setting the stage for a memorable Olympic chapter.

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