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Those who took decision on transfer must answer how it was done: Karnataka HC judge Patel after resignation

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Karnataka High Court

[vc_row][vc_column][vc_column_text]Justice Jayant Patel had resigned after learning that he was being transferred to Allahabad HC where he would have been third in queue for chief justice post

Justice Jayant Patel of the Karnataka High Court, who famously ordered a CBI enquiry into the Ishrat Jahan fake encounter case while he was a judge in the Gujarat high court, had sent in his resignation letter to Karnataka’s Chief Justice SK Mukherjee, on Monday. Justice Patel’s decision to quit – 10 months before he was set to retire –had come after he learned that he was being transferred to the Allahabad High Court, a move that would have ensured that he isn’t promoted to the rank of Chief Justice in Karnataka – or Allahabad for that matter.

While his resignation has created a flutter in the legal community of Karnataka, sent ripples across India’s judiciary and reignited the debate on the lack of transparency in the manner in which judges are appointed, transferred or elevated, all that Justice Patel has to say on the chain of events he has triggered is that those who took the decision on his transfer “must answer” on how this was done.

Had Justice Patel not been transferred to the Allahabad High Court he would have, by convention, been elevated to the rank of Chief Justice of the Karnataka High Court. Incumbent Karnataka Chief Justice Mukherjee is set to retire on October 9, and Justice Patel was the next senior-most judge in the court. However, had he moved to the Allahabad High Court, Justice Patel would have been the third seniormost and with just 10 months left for his retirement, he would have effectively been out of the race for a promotion.

In an interview to the Indian Express, Justice Patel declined to attribute motives to the Supreme Court collegiums for deciding to transfer him to the Allahabad High Court and robbing him of his elevation but said: “Those who have taken decisions must answer how it was done. I cannot say anything”.

The judge, who enjoys support and respect across bar associations of Gujarat – where he had briefly been elevated as Acting Chief Justice before being transferred to the southern state as a regular judge – and Karnataka refused to link the denial of his confirmation as Chief Justice to his landmark decision of ordering a CBI probe in the Ishrat Jahan encounter case in 2011.

“When I became aware about my contemplated transfer to the Allahabad High Court, I decided to resign. I have already sent my resignation to the President of India. From yesterday, I am relieved of responsibilities. How it happened and what happened is for you to consider,” the Indian Express quoted Justice Patel as saying.

“I had no desire to be shifted to Allahabad. I have worked with dignity for 16 years as a judge, and for (the remaining) ten months why should I go to another place,” Justice Patel added.

Clearly anguished over being forced to resign and being denied what many feel was his rightful due, Justice Patel said: “What I feel is that I did my duty as per the oath of my office. Punishment is ultimately in God’s hands. One thing I can say is that wherever I worked, it has been with all sincerity and strictly as per my oath of office.”

Asked specifically if he would have been elevated had he not ordered the CBI probe in the Ishrat Jahan encounter – a case that had pointed fingers at the then Gujarat chief minister and now Prime Minister Narendra Modi and the then minister of state for home in Gujarat, Amit Shah, who is now the BJP national president – Justice Patel said: “Everyday we take decisions. We do not look at whether the case is about X or Y and we cannot decide a matter like that. We do not see the name of the party and decide the course. This is what is expected of us. I don’t think this could be the reason (for my transfer) but I cannot answer as the decisions were taken by someone else.’’

Senior Supreme Court advocates Dushyant Dave and Yatin Oza have both indicated that Justice Patel was denied the Chief Justice’s rank on account of his decision to order a CBI probe into the Ishrat Jahan case.

Advocates who met him after news of his resignation broke on Tuesday in an effort to get him to reconsider his decision said that Jutice Patel had conveyed that matters were beyond reconsideration.[/vc_column_text][/vc_column][/vc_row]

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Mani Shankar Aiyar’s remarks on Hindutva spark political backlash from BJP

Congress leader Mani Shankar Aiyar’s comments on Hindutva at a Kolkata debate have triggered sharp reactions from the BJP, escalating the Hinduism versus Hindutva debate.

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Veteran Congress leader Mani Shankar Aiyar has triggered a political controversy after describing Hindutva as “Hinduism in paranoia” during a public debate in Kolkata, prompting a strong rebuttal from leaders of the Bharatiya Janata Party (BJP).

Aiyar made the remarks at a discussion titled “Hinduism needs protection from Hindutva”, organised by the Calcutta Debating Circle at the Calcutta Club on Sunday. Several political leaders, legal experts, historians and journalists participated in the debate.

Aiyar draws distinction between Hinduism and Hindutva

Speaking at the event, Aiyar argued that Hinduism and Hindutva are fundamentally different, describing Hinduism as a spiritual and civilisational faith, while calling Hindutva a political ideology that emerged in the early 20th century.

“Hindutva is Hinduism in paranoia. It asks 80 per cent Hindus to feel threatened by 14 per cent Muslims,” Aiyar said, adding that Hinduism had survived and flourished for thousands of years without the need for what he described as political protection.

He referred to incidents involving attacks by vigilante groups and criticised actions against individuals over religious practices, beef consumption and participation in Christmas celebrations. Aiyar also cited writings of Vinayak Damodar Savarkar, contrasting them with the teachings of Mahatma Gandhi and Swami Vivekananda, whom he described as proponents of non-violence and inclusivity.

According to Aiyar, “There is no way Gandhi’s or Vivekananda’s Hinduism can be protected or promoted by Savarkar’s Hindutva.”

BJP leaders push back strongly

Aiyar’s comments drew an immediate response from BJP leaders present at the debate and later from party spokespersons.

BJP MP Sudhanshu Trivedi questioned the framing of the debate itself, arguing that the term “Hindutva” refers to “Hindu tattva” or the essence of Hindu philosophy. He said that associating Hinduism with the suffix “ism” was misleading and dismissive of India’s indigenous traditions.

“When you cherish Hinduism, it is called Hindutva,” Trivedi said, rejecting the distinction drawn by Aiyar.

BJP spokesperson Shehzad Poonawalla accused Aiyar of repeatedly making remarks that, according to him, insult Sanatan Dharma. He claimed that the comments echoed the Congress party’s broader stance on Hindutva.

Poonawalla also referred to past statements by Congress leaders and said that Hindutva has been defined by the Supreme Court as a “way of life.” He accused the party of attempting to portray Hindutva as violent and divisive.

Political debate intensifies

The exchange has added to the ongoing political debate over the relationship between Hinduism and Hindutva, a subject that has remained contentious in Indian politics. While Aiyar defended his views as ideological and historical critique, BJP leaders framed the remarks as an attack on religious identity.

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TVK chief Vijay to appear before CBI in Karur stampede probe

TVK leader Vijay will appear before the CBI in Delhi as part of the probe into the Karur stampede that claimed 41 lives during a political rally in 2024.

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Tamilaga Vettri Kazhagam (TVK) chief and actor Vijay is set to appear before the Central Bureau of Investigation (CBI) in Delhi on Monday in connection with the Karur stampede case that claimed 41 lives. The incident occurred on September 27 last year during a massive political rally addressed by Vijay, making it one of the deadliest crowd-related tragedies in Tamil Nadu’s recent political history.

Supreme Court handed probe to CBI

The investigation into the stampede has undergone multiple legal changes. Initially, the Madras High Court had constituted a Special Investigation Team (SIT) to probe the incident. However, the Supreme Court later transferred the case to the CBI, directing that the investigation be monitored by a panel headed by a retired Supreme Court judge.

The apex court also set aside a one-member commission earlier appointed by the Tamil Nadu government, observing that the matter required a more independent and credible inquiry. Notably, TVK itself had sought an independent probe into the tragedy.

A senior party source told media that Vijay would cooperate fully with the investigation and expressed hope that the truth would emerge through the CBI inquiry.

Police and Vijay trade blame

Following the stampede, the Tamil Nadu Police had attributed the chaos to Vijay’s alleged delay in reaching the venue, claiming the prolonged wait led to an uncontrollable surge of the crowd. Police officials had also pointed to inadequate arrangements such as food, drinking water and toilet facilities, stating that the situation worsened as the crowd grew restless.

Vijay rejected these allegations, calling them a conspiracy by the ruling DMK, a charge the party has denied. He, in turn, blamed the police for poor crowd management and failure to clear bottlenecks on approach roads leading to the rally venue.

Film certification issue adds political edge

Vijay’s appearance before the CBI comes amid a separate controversy over the delay in certification of his film Jana Nayagan, which was originally slated for release ahead of Pongal. While a single judge of the Madras High Court had directed the Central Board of Film Certification (CBFC) to grant certification, a division bench later stayed the order and adjourned the matter to January 21. Neither Vijay nor TVK has officially commented on the issue.

Opposition leaders, including those from the Congress, have alleged that central agencies are being used to exert pressure on TVK ahead of the Tamil Nadu Assembly elections due in a few months. Chief Minister MK Stalin recently remarked that the CBFC had “joined the list of central agencies being used as weapons by the Union government.”

The BJP has rejected these allegations. The party has also denied speculation that it is indirectly aiding TVK to split anti-DMK votes following its renewed alliance with the AIADMK.

Political stakes ahead of elections

Vijay has repeatedly described the upcoming Assembly election as a direct contest between the ruling DMK and TVK, referring to the DMK as his “political enemy” and the BJP as his “ideological enemy.”

Responding to questions on whether the ongoing CBI probe could make the party vulnerable to political pressure, a senior TVK leader said the party had faith in the investigation and would approach the courts if any undue pressure was applied.

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Drunk speeding Audi crushes pedestrians in Jaipur, one killed and 15 injured

A late-night crash involving a drunk speeding Audi in Jaipur left one pedestrian dead and at least 15 others injured after the car ran over roadside vendors and pedestrians.

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One person was killed and at least 15 others were injured after a speeding Audi car, allegedly driven by drunk occupants, ran over pedestrians and roadside vendors in Rajasthan’s Jaipur late Friday night.

According to the police, the luxury car lost control and first hit a road divider before ploughing into food carts and roadside stalls over a stretch of nearly 30 metres. The vehicle eventually crashed into a tree and came to a halt, damaging several parked vehicles along the way.

Visuals from the scene showed shattered food carts scattered across the road, while the Audi was left completely mangled due to the impact.

A total of 16 people were hit in the incident and were rushed to a nearby hospital. Four of the injured were reported to be in critical condition and were later referred to Sawai Man Singh (SMS) Hospital for advanced treatment.

One of the injured, identified as Ramesh Bairwa, a resident of Bhilwara, succumbed to his injuries during treatment.

Police officials said that four people were inside the car at the time of the crash, and all of them were allegedly under the influence of alcohol. While one person has been arrested, three others fled the spot after the incident.

The driver of the Audi has been identified as Dinesh Ranwan, a resident of Churu district in Rajasthan. The vehicle has been seized, and a search is underway to trace the remaining accused.

Rajasthan Chief Minister Bhajanlal Sharma expressed grief over the incident and instructed officials to ensure proper medical care for the injured. Deputy Chief Minister Premchand Bairwa and Health Minister Gajendra Singh Khimsar visited the hospital to enquire about the condition of those injured.

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