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Convicting Bhushan For Contempt Fine, But Don’t Punish Him: A-G Venugopal To Supreme Court

Justice Mishra noted that it is after all about this that if a person wants to purge the contempt, one should also know where to draw a line.

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KK Venugopal

New Delhi: Attorney General K.K. Venugopal submitted before the Supreme Court that convicting advocate Prashant Bhushan in a contempt case was alright, but “do not punish him”.

A bench comprising Justices Arun Mishra, B.R. Gavai and Krishna Murari replied to the A-G that the tone, tenor, and content of Bhushan’s statement makes it worse. The bench told Venugopal “is it defence or aggravation, you as A-G consider it.”

The A-G clarified that he was not speaking on behalf of the government of India but had responded to the notice issued to the Constitutional office of the Attorney General of India. He insisted, “I make the request to your lordships not to punish him.”

The bench replied that it would never punish anyone for contempt. “Please don’t make any statement till you consider what he has said in his reply”, the bench told the A-G. Senior advocate Rajeev Dhavan, representing Bhushan, said the criticism of retired judges does not amount to contempt, and there are judgments to this effect.

The A-G contended before the bench that he has a list of 5 judges who talked about lack of democracy in the Supreme Court, and “I also have a list of nine judges who talked about judicial corruption.” Justice Mishra said “We aren’t hearing a review. Our conviction order is already here.”

Justice Gavai observed that “we have said it earlier as well there has to be a mutual respect between the bar and the bench.” Justice Mishra said that whatever has been done is done, and the court wants the person concerned to have a sense of remorse. “You may do hundreds of good things but that doesn’t give you a licence to do 10 crimes”, noted the bench.

Justice Mishra noted that it is after all about this that if a person wants to purge the contempt, one should also know where to draw a line. He added that criminal contempt has far serious consequences, and the court can be very lenient when a person recognises his mistake and expresses regret. The hearing on Bhushan’s sentencing in the contempt case concluded and it appears that he has been given some time to reconsider his statement.

Bhushan in a statement before the top court said, “My tweets were nothing but a small attempt to discharge what I considered to be my highest duty at this juncture in the history of our republic. I did not tweet in a fit of ‘absence mindedness’. It would be insincere and contemptuous on my part to offer an apology for the tweets that expressed what was and continues to be my bonafide belief. Therefore, I can only humbly paraphrase what the father of the nation Mahatma Gandhi had said in his trial: I do not ask for mercy. I do not appeal to magnanimity. I am here, therefore, to cheerfully submit to any penalty that can lawfully be inflicted upon me for what the court has determined to be an offence, and what appears to me to be the highest duty of a citizen.”

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President Kovind donates ₹5 lakh for Ram Temple construction

His Excellency Ram Nath Kovind along with his family donated in their individual capacity to the donation drive and conveyed their warm greetings for the nationwide fund campaign,” VHP President Alok Kumar said after receiving the donation from the President.

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Ram Nath Kovind

New Delhi, President Ram Nath Kovind has given the first donation for the construction of the grand Ram temple at Ayodhya in Uttar Pradesh. He donated ₹5,00,100 to a joint delegation of office bearers of the Rashtriya Swayamsevak Sangh (RSS), the Vishwa Hindu Parishad (VHP) and the Ram Mandir Trust at Rashtrapati Bhavan on Friday.

With this donation by President Kovind, the fund collection drive for the Ram temple started across the country. The campaign will run till February 27.
“We went to President Ram Nath Kovind for the launch of the Ram Mandir Fund Donation Drive. He donated Rs 5,00,100 under the Shri Ram Mandir Fund Donation Drive which kicked-off across the country from Friday. His Excellency Ram Nath Kovind along with his family donated in their individual capacity to the donation drive and conveyed their warm greetings for the nationwide fund campaign,” VHP President Alok Kumar said after receiving the donation from the President.

Vinod Bansal, the VHP national spokesperson, told that a massive public outreach campaign would be launched to cover 13 crore families across 5.25 lakh villages in the country for the construction of the grand Ram temple at Ayodhya. As many as 65 crore people from 13 crore families would be directly linked with the Ram Mandir fund donation drive.

The delegation to meet President Kovind comprised the treasurer of the Shri Ram Janmabhoomi Teerth Kshetra Trust, Govind Dev Giri Maharaj, VHP President Alok Kumar, Ram Mandir Construction Committee Chairman Nripendra Mishra and the Rashtriya Swayamsevak Sangh’s Delhi state Head Kulbhushan Ahuja.

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Supreme Court to take up pleas connected to farm laws on Jan 18

The Supreme Court is likely to hear on Monday the pleas challenging the three farm laws and also the pleas seeking the removal of farmers camping at various Delhi borders.

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New Delhi: A bench headed by Chief Justice S.A. Bobde and comprising Justices L. Nageswara Rao and Vincent Saran will take up the petitions on January 18. On January 12, the top court stayed the implementation of the three farm laws until further orders.

The hearing assumes significance after Bhartiya Kisan Union President Bhupinder Singh Mann, a key member of the court-appointed expert panel, recused himself.

In a statement, Mann said he would give up any position to prevent farmers’ interests from being compromised.

He said that in view of the prevailing sentiments and apprehensions amongst the farm unions and the public in general, he is ready to sacrifice any position offered or given so as to not compromise the interests of Punjab and farmers of the country.

“I am recusing myself from the committee and I will always stand with my farmers and Punjab,” Mann added.

Apart from Mann, Shetkari Sanghatana (Maharashtra) president Anil Ghanwat, International Food Policy Research Institute’s Pramod Kumar Joshi and agriculture economist Ashok Gulati have been appointed by the apex court on the expert panel.

Staying the implementation of the farm laws, the top court had expressed hope that this step may help resolve the deadlock.

However, amid the ninth round of talks on Friday, Bharatiya Kisan Union (BKU) spokesperson Rakesh Tikait, who is part of the negotiations between farmer unions and the Centre, said the unions have made it clear that the committee formed by the Supreme Court is “not acceptable” to us.

Thousands of farmers, mainly from Punjab, Haryana and western Uttar Pradesh, have been agitating at various Delhi borders since November end.

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Accept mistake and repeal farm laws: Justice Katju to PM Modi

Markandey Katju also suggested that a statutory farmers’ commission be set up to deal with their problems

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farmers-protest

The former Supreme Court judge, Justice Markandey Katju, on Thursday asked Prime Minister Narendra Modi to immediately repeal the three new farm laws through an ordinance and urged him to accept his “mistake” of hurrying the three laws through.

“All human beings make mistakes. By doing this, far from losing face, you will be applauded. If you do it your popularity, far from going down, will soar,” Justice Katju wrote in a letter to Modi. He also suggested that a statutory farmers’ commission be set up to deal with farmers’ problems.

Without such concessions, he contended, the protesting farmers’ plan to enter Delhi on Republic Day with their tractors and the likely police action could lead to another Jallianwala Bagh or massacres similar to Bloody Sunday in St Petersburg (January 1905) or 13 Vendémiaire in Paris (October 1795).

“Bloody Sunday” refers to firing by the Tsar’s forces on unarmed demonstrators in St Petersburg on January 22, 1905. Estimates of the death toll range from around 100 to 4,000.

On 13 Vendémiaire (first month in the French Republican Calendar) of Year 4 — or October 5, 1795 — revolutionary troops under Napoleon Bonaparte, then a general, quelled a rebellion by royalists. Some 1,400 royalists are estimated to have been killed.

Justice Katju, who was a Supreme Court judge till 2011, warned that angering the farmers, now united across castes and religions, could cost Modi politically and using violence against them could trigger turmoil in the states and affect the armed forces, whose personnel come mostly from farming families.

He wrote: “The farmers in huge numbers are presently camped at the border of Delhi but are determined to enter Delhi on 26th January and join the Republic Day parade with their tractors. This will obviously not be allowed by the Government, and consequently, violence in the form of police and paramilitary lathi charges and firing seems inevitable, and a Jalianwala Bagh type massacre (or like the massacre on Bloody Sunday in St Petersburg in Russia in January 1905, or as on Vendemiarie in Paris in October 1795) may ensue.”

Saying that he was sure Modi would like to avoid that, Justice Katju added: “The Government should issue an Ordinance immediately repealing the 3 laws. If you do this, you will be hailed by all for doing it. If anyone asks why the laws were made at all, you can say that we made a mistake, and we realise our mistake and are correcting it. All human beings make mistakes. By doing this, far from losing face, you will be applauded. If you do it your popularity, far from going down, will soar.

“Simultaneously, the Government should appoint a High Powered Farmers Commission having as its members representatives of the leading farmers’ organisations, government representatives, and agricultural experts, tasked with the duty of considering all aspects of the problems of our farmers, the principal one being that they are not getting adequate remuneration for their produce (because of which 3 to 4 lac farmers have already committed suicide).

“This Farmers Commission should hold several meetings, perhaps stretching over several months, and then the consensus which emerges, to which everyone agrees, should be enacted as a comprehensive law.”

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