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

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9 years ago

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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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Thick smog engulfs Delhi, flights and trains delayed as air quality slips to very poor

Delhi remained under a thick smog cover as air quality dipped into the very poor category, causing delays in flights and train services due to low visibility.

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20 hours ago

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December 20, 2025

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A dense blanket of smog covered Delhi on Saturday morning, pushing air quality into the ‘very poor’ category and disrupting flight and train operations across the national capital and adjoining areas. Reduced visibility due to smog led to delays in air and rail traffic, while authorities warned that pollution levels could worsen further in the coming days.

The Air Quality Index (AQI) in Delhi was recorded at 380, placing it in the ‘very poor’ bracket. Visuals from Bhairav Marg near Pragati Maidan showed motorists using headlights during early hours, as visibility remained low. At around 7 am, the AQI at this location stood at 433.

Nearly half of Delhi’s air quality monitoring stations reported ‘severe’ pollution levels. Anand Vihar recorded an AQI of 428 with PM2.5 as the dominant pollutant, while Jahangirpuri reported an AQI of 425.

Transport services hit by low visibility

Flight operations at Delhi airport were impacted due to low visibility conditions. The airport issued an advisory asking passengers to check with their respective airlines for updated flight information, as low visibility procedures were in place. Runway visibility was reported to be between 800 and 1,200 metres.

Live flight tracking data showed multiple flights running behind schedule. One airline also warned passengers about possible disruptions at several airports in northern and eastern India, including Delhi, due to dense fog conditions. Travellers were advised to verify flight status before heading to the airport, with options offered on select flights to reschedule or seek refunds without additional charges.

Rail services were also affected, with more than 30 trains running late by an average of three to four hours. Some long-distance trains reported delays of over six to eight hours, causing inconvenience to passengers travelling to and from the capital.

Air quality likely to worsen

The weather department had earlier forecast dense to very dense fog at isolated places over Delhi and several parts of north and central India. According to the Air Quality Early Warning System for Delhi, pollution levels are expected to remain in the ‘very poor’ category on Saturday and may slip into the ‘severe’ category on Sunday and Monday. In view of the deteriorating conditions, an ‘orange’ alert has been issued for Saturday.

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PM Modi inaugurates India’s first nature-themed airport terminal in Assam

Prime Minister Narendra Modi inaugurates the new nature-themed terminal at Guwahati airport, the largest in Northeast India, built around bamboo, orchids and regional heritage.

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21 hours ago

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December 20, 2025

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PM modi in Assam

Prime Minister Narendra Modi is set to inaugurate the new terminal building of Lokapriya Gopinath Bordoloi International (LGBI) Airport in Guwahati today, marking a major milestone for aviation infrastructure in the Northeast. Built at an estimated cost of around Rs 4,000 crore, the facility is being projected as the largest airport terminal in the region and a key boost to connectivity, tourism and economic activity in Assam.

The Prime Minister is scheduled to arrive in Guwahati around 3 pm as part of his two-day visit to the state.

Northeast’s largest airport terminal takes shape in Guwahati

The newly constructed terminal is nearly seven times larger than the existing one and has been designed to cater to the region’s rapidly growing air traffic. Once fully operational, it is expected to handle up to 13.1 million passengers annually by 2032.

Officials said the terminal is planned as a regional connectivity hub, with a focus on strengthening air links between India and Southeast Asia. The airport will be capable of handling up to 34 air traffic movements per hour, the highest capacity among airports in the Northeast. The facility will also be equipped with one of the most advanced Instrument Landing Systems to support safer and more efficient operations.

Nature-inspired design rooted in Assam’s identity

What sets the Guwahati terminal apart is its distinctive nature-themed architecture. Conceptualised under the theme “Bamboo Orchids”, it is being described as India’s first airport terminal inspired entirely by natural and cultural elements.

The interiors draw from the landscapes of Northeast India, with design elements reflecting indigenous orchids, locally known as Kopou Phool, and the flow of the Brahmaputra river. The terminal incorporates more than 2,000 species of plants, includes a dedicated zone inspired by Kaziranga National Park, and features artefacts representing Majuli Island.

A key architectural highlight is the expansive bamboo vault, created using around 140 metric tonnes of locally sourced bamboo. The space has been envisioned as a multifunctional cultural centre aimed at encouraging community interaction and showcasing the region’s heritage. Design elements such as japi motifs, the iconic rhino symbol and 57 orchid-inspired columns further reinforce the cultural narrative.

Arriving passengers will also experience a unique “Sky Forest”, featuring nearly one lakh plants of indigenous species, designed to create an immersive forest-like ambience within the terminal.

Focus on digital integration and passenger convenience

Spread over nearly 1.4 lakh square metres, the integrated new terminal has been designed to handle around 1.3 crore passengers annually. It is supported by significant upgrades to the runway, airfield systems, aprons and taxiways.

The terminal places strong emphasis on digital integration, with 14 entry points, including four DigiYatra gates, aimed at easing passenger movement. Facilities such as full-body scanners for non-intrusive security checks, automated baggage handling systems, fast-track immigration and AI-driven airport operations have been incorporated to ensure smoother travel experiences.

Other engagements during PM Modi’s Assam visit

During his two-day stay, the Prime Minister will also lay foundation stones for multiple development projects and address public gatherings. He is scheduled to visit the Swahid Smarak Kshetra to pay tribute to the martyrs of the historic Assam Movement.

Later in the day, PM Modi will perform the bhoomipujan for a new brownfield Ammonia-Urea Fertiliser Project at Namrup in Dibrugarh district, within the existing premises of the Brahmaputra Valley Fertiliser Corporation Limited.

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Assam train accident: Eight elephants killed after Rajdhani Express derailment in Hojai

Eight elephants were killed after the Rajdhani Express collided with a herd in Assam’s Hojai district, causing multiple coaches to derail and disrupting train services.

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21 hours ago

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December 20, 2025

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assam train accident

At least eight elephants were killed and a calf was injured after a herd collided with the Sairang–New Delhi Rajdhani Express in Assam’s Hojai district, leading to the derailment of the locomotive and five coaches early Saturday. Railway officials confirmed that no passengers were injured in the incident.

Forest department officials said the collision occurred when the New Delhi-bound Rajdhani Express struck a herd of elephants on the tracks. The impact caused multiple coaches to derail, disrupting rail traffic on the busy route connecting the Northeast with the national capital.

Train services hit, passengers shifted to other coaches

Following the derailment, rail movement towards Upper Assam and other parts of the Northeast was affected due to damaged coaches and elephant remains scattered on the tracks. Accident relief trains and senior railway officials rushed to the site to restore services.

Passengers travelling in the affected coaches were temporarily accommodated in vacant berths in other coaches of the same train. Officials said that once the train reaches Guwahati, additional coaches will be attached to ensure all passengers can continue their journey.

Collision occurred outside designated elephant corridor

According to officials, the accident took place at a location that is not marked as a designated elephant corridor. The loco pilot reportedly applied emergency brakes after spotting the herd on the tracks, but the elephants ran into the train, resulting in the collision and derailment.

Forest authorities confirmed that eight elephants died on the spot, while one injured calf was rescued. Local residents said the herd consisted of around eight elephants at the time of the accident.

Elephant deaths in train accidents remain a concern

The incident comes amid continued concerns over wildlife deaths on railway tracks. Data shared by the Environment Ministry in Parliament earlier showed that at least 79 elephants have died in train collisions across India over the past five years, based on reports from states and Union Territories.

The ministry has said that several preventive steps are being taken in coordination with the Railways, including speed restrictions in elephant habitats, use of sensor-based detection systems, and construction of underpasses, ramps and fencing at vulnerable locations. Guidelines and capacity-building programmes have also been introduced to reduce human-animal conflict along railway lines.

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