The Supreme Court of India has quashed a fine imposed on political analyst Tehseen Poonawalla by the Punjab and Haryana High Court for mocking Jain monk Tarun Sagar. The top court criticized the high court for engaging in "moral policing" and imposing a fine despite acquitting Poonawalla. The high court had argued that the fine was necessary to deter others from mocking religious leaders. The Supreme Court disagreed, stating that courts should not be involved in moral policing.
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A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha said "there was no palpable progress made in the investigation".
The hate speech case is related to a Hindu Yuva Vahini event organised in Delhi under the leadership of Suresh Chavhanke, the editor of 'Sudarshan News', in December 2021.
The Supreme Court on Friday agreed to hear a plea filed by a women's organisation seeking directions to states to take immediate action in consonance with a 2018 verdict of the apex court to effectively deal with incidents of lynching and mob violence against Muslims by cow vigilantes.
On his part, BJP Lok Sabha MP Narayan Rane, himself no stranger to controversies, got into damage control mode and sought to calm frayed nerves, saying he has chided his son over the remarks.
There is a limit to which you target judges, the Supreme Court said on Thursday while expressing displeasure over news reports that it was delaying hearing a plea alleging increasing attacks on Christian institutions and priests across the country.
Two petitions that sought an independent probe into Judge Loya's death had earlier been assigned to two judges including Justice Arun Mishra, the 10th most-senior judge of the Supreme Court.
On an average, 45 to 50 violent attacks take place against Christian institutions and priests every month throughout the country, senior advocate Colin Gonsalves said.
A bench of Justices DY Chandrachud and Hima Kohli said an attack on individuals does not mean it is an attack on the community but it needs to verify the claims of any such incident if it is made in the public interest litigation.
A bench comprising Chief Justice N V Ramana and Justices A S Bopanna and Hima Kohli took note of the submissions of senior advocate Indira Jaising, appearing for former MP Mohammad Adeeb, and said state government officials have not been following the 2018 apex court judgment issuing a slew of directions to stop hate crimes.
The Supreme Court on Monday took note of the submission of the Delhi police that the probe in a case of hate speeches made at religious assemblies in the national capital in 2021 was at an advanced stage, and asked them to place on record the charge sheet to be filed in the matter.
The Supreme Court on Thursday closed activist Tushar Gandhi's contempt plea against the Delhi police after taking note of submissions that a charge sheet in a case of hate speeches made at religious assemblies in the national capital in 2021 was filed in a court in New Delhi.
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It, however, asked the Delhi police to file its response on action taken in the hate speeches made here within two weeks.
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Pleas alleged that incidents of mob lynching a were taking place despite a verdict by the SC.
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"People must realise that mob violence and taking of law into the hands will invite wrath of law," said the bench.
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The court granted the last opportunity to the defaulting states and UTs, warning if they did not file their reports within a week, then their home secretaries will have to appear in person before court.
The top court said this approach is part of our constitutional culture and there is no need for it to formulate a code of conduct for public functionaries.
A contempt plea alleged that incidents of mob lynching and vigilantism were taking place despite the apex court verdict in this regard.
The Maharashtra government had argued in the apex court that all pleas seeking an independent probe into Loya's death were motivated and aimed at targeting "one individual" in the guise of upholding the rule of law.
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As the hearing in the cases heated up again, the apex court took umbrage at the verbal duel between two senior lawyers Dushayan Dave and Pallav Shishodia, calling it 'unacceptable'.
'The government must consider that Modiji's vision of India turning into a $5 trillion economy will happen only when there is rule of law in the country.' 'Investors will not invest if these lynchings keep happening.'
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It said the idea behind these petitions was to keep the 'pot boiling' against this individual and urged the apex court not to order an investigation which will create doubts about judges and the judiciary.
The arguments remained inconclusive and would continue on Friday.
The apex court at the same time made it clear that it does not want information on pricing and technical parameters relating to the fighter aircraft.
Music composer Vishal Dadlani has been booked by Haryana police for allegedly hurting religious sentiments with his sarcastic tweet on Jain monk Tarun Sagar.
'What will work is not fear of the law, but of real and swift prosecution under the law.' 'That can now be a possibility thanks to the Supreme Court judgment.'
'When the story of Elections 2019 is told by an independent writer, the BJP's role in lowering electoral standards will be etched in indelible ink,' says Saisuresh Sivaswamy.
The apex court also put embargo on filing of any fresh writ petition challenging constitutional validity on abrogation of Article 370.
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'The cow is sacred to many of us, but these killings are definitely not part of the Hinduism we know and practise,' says Jyoti Punwani.
"We will examine the matter. Issue notice," the bench said, making it clear that there would be no stay on the decision.
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