CJI Chandrachud Set a New Precedent of Self-Publicity for Judges; Chaos Continues in Jammu and Kashmir Assembly; Show Materials to Prove Authenticity of Manipur CM’s Controversial Recordings, Says SC

India puts in a formal bid for 2036 Olympics and Parlympics, Zomato and Swiggy found violating antitrust laws, Himachal Pradesh sleuths are investigating who ate the chief minister’s samosas

Nov 08, 2024

Snapshot of the day

November 8, 2024

Sidharth Bhatia

After an organisation named the Kuki Organisation for Human Rights Trust approached the Supreme Court seeking a court-monitored probe into audio recordings allegedly of Manipur chief minister N Biren Singh implicating himself in the state’s ethnic violence, a bench of the top court asked the organisation to provide materials establishing the authenticity of the recordings, LiveLaw reports. “We grant the petitioner an opportunity to file material indicating the authenticity of the clip. The counsel says the clip shall also be submitted,” Debayan Roy quotes the court as saying. Solicitor general Tushar Mehta was reported as opposing the court’s taking up the matter.

In the recordings, which were reported on by Sangeeta Barooah Pisharoty earlier this year, Biren Singh is allegedly heard suggesting he authorised the use of bombs in the state, saying that he “made” proscribed Meitei outfits “join together” with security forces, and more.

“There are no roadblocks/objections from either side that have been faced” during the disengagement between and resumption of patrolling by Indian and Chinese soldiers in eastern Ladakh, the army said in a statement yesterday denying recent “media articles”. Its communique seems to be directed at a Tribune report saying Chinese negotiators were “dragging their feet” on coordinating a patrolling schedule for Indian army patrols in the Depsang plains. The newspaper for its part has stood by its report, saying:

“The consensus announced on October 21 was for “patrolling arrangements” at Depsang and Demchok. The story was only about the status of restarting patrolling in Depsang. The Army, in its response, has not said patrolling has started on all routes in Depsang. The news item did not question consensus or the disengagement process. It only said China was delaying modalities. It did not say the Indian Army was “not abiding” by the consensus.”

Union Home Minister Amit Shah on Thursday directed state police forces to invoke the Unlawful Activities (Prevention) Act (UAPA) without hesitation in counter-terrorism efforts. Addressing a National Investigation Agency (NIA) conference, Shah emphasised the importance of empowering agencies legally to combat terrorism and its supporting networks. “The agencies fighting against terrorism should apply UAPA without hesitation wherever needed and seek assistance from the [National Investigation Agency] NIA for investigations. NIA has registered 632 cases, filed chargesheets in 498 cases and secured conviction in 95% cases. If the NIA can achieve this, why cannot the State police do this?” Shah said.

The Home Minister also highlighted the upcoming National Counter Terrorism Policy and Strategy, which aims to strengthen the fight against terrorism and its ecosystem. Shah stressed that combating terrorism is not just about uncovering conspiracies, but about legally empowering agencies and creating an environment that supports sustained counter-terrorism efforts.

A seven-judge bench of the Supreme Court in a 4:3 majority ruling has held that the Aligarh Muslim University’s minority status is not lost simply because it was incorporated through a statute. This judgement could pave the way for a regular bench of the court to declare AMU a minority institution. The judgement overrules the 1967 judgement of the apex court in the case S. Azeez Basha vs. Union Of India, which held that an institution incorporated by a statute cannot claim to be a minority institution. The court considered the question of what can be the basis of treating an educational institution as a minority educational institution – whether its founder or administrators’ religious or linguistic identity is to be considered. Merely because the AMU was incorporated by an imperial legislation would not mean that it was not ‘established’ by a minority, held the majority opinion of the constitution bench, which was headed by Chief Justice of India D.Y. Chandrachud, Justices Sanjiv Khanna, Surya Kant, J.B. Pardiwala, Dipankar Datta, Manoj Misra and S.C. Sharma.

Chief Justice of India D Y Chandrachud steps down from his office on Sunday. It has been a controversial tenure, to say the least, and lawyer Gautam Bhatia examines his legacy in a detailed blog post.

The Election Commission is said to have asked the Palakkad district electoral officer for a report on local police’s controversial search of hotel rooms occupied by two Congress leaders on Wednesday, says South First. Police said the searches were routine ahead of bypolls but the Congress has accused the police of being biased and trying to malign its alliance in the state.

The Jammu and Kashmir Assembly was plunged into chaos once again on Friday as BJP members protested against a resolution seeking to restore the region's special status, triggering a clash that saw 12 opposition MLAs, including Langate legislator Sheikh Khurshid, marshalled out by the Speaker. The ongoing uproar, sparked by a similar resolution passed earlier this week, was marked by BJP slogans like “Pakistani agenda nahi chalega.” The protests have now entered their third day, raising questions about the Modi government's reluctance to hold assembly elections in Jammu and Kashmir after it was downgraded to a union territory. Only after the Supreme Court intervened did the government relent and hold elections.

India’s Competition Commission (CCI) has found food delivery companies Zomato and Swiggy in violation of antitrust laws by engaging in practices that favour certain restaurants, according to documents reviewed by Reuters on Friday. The investigation revealed that Zomato entered into “exclusivity contracts” with select restaurant partners in return for lower commission rates, while Swiggy offered guarantees of business growth to restaurants that agreed to list exclusively on its platform. The CCI’s investigation arm noted that these exclusivity arrangements “prevent the market from becoming more competitive,” limiting opportunities for smaller restaurants and reducing options for consumers. Meanwhile, shares in Zomato fell 3% after the Reuters report, from being flat in earlier trade. The CCI case is mentioned as one of the “internal risks” in Swiggy’s IPO prospectus, which says “any breach of the provisions of Competition Act, may attract substantial monetary penalties.”

Asked about reports that Indians are the third-largest group of people living without documentation in the US, external affairs spokesperson Randhir Jaiswal yesterday referenced the US’s deporting Indians in a charter flight some days ago and said: “We will continue discussions with them regarding people who are staying there without proper documents, illegally or irregularly, and they should return.” Jaiswal also said the government did not encourage illegal immigration.

In yet another militant attack on civilians in Jammu and Kashmir, two men working as village defence guards were abducted and killed in Kishtwar yesterday after they reportedly went out to graze their cattle. The Kashmir Tigers, an organisation believed to be an offshoot of the Jaish-e-Mohammad, claimed responsibility for the killing. The attack came days after a spurt of militant violence in the Kashmir valley.

Sajit Kumar’s cartoon today draws a striking parallel to Herblock’s iconic portrayal of “McCarthyism.” Interestingly, the term was first coined by Herblock himself in a cartoon in 1950, capturing the essence of the anti-Communist fervour of the time.

(Credit: Sajith Kumar in Deccan Herald)

The News Broadcasters and Digital Association has found a News18 India interview with self-styled godman Dhirendra Shastri, popularly known as Bageshwar Baba, as violative of its code of ethics and advisories on religious harmony and superstition. The interview, which was aired on July 10 last year, has to be taken down within a week from all digital platforms, as per an NBDSA order. “The seer who was invited by the broadcaster made several claims during the broadcast, which promoted superstition. Furthermore, during the broadcast, several statements were made by the seer concerning Hindu Rashtra and religion, which were divisive in nature, such as that in order to live in India it would be mandatory to say ‘Sita Ram’ and that Islam asked men to trap young Hindu girls in love jihad and then kill them,” the NBDSA observed in its decision earlier this week. The association warned the channel and advised it against inviting individuals whose views could be construed as promoting superstitious beliefs and practices.

Speaking of the great Indian mainstream media, BJP MP Tejasvi Surya and editors of two Kannada news portals – Kannada Duniya and Kannada News – have been booked for allegedly spreading fake news linking a farmer’s suicide to land disputes with Waqf Board. In a now-deleted post on X, Surya had claimed that the farmer, Rudrappa Channappa Balikai, died by suicide after his land was “taken over by Waqf”. He had also blamed the state’s chief minister Siddaramaiah and minister BZ Zameer Ahmed Khan for causing distress among the farmers of Karnataka. This comes days after Jagadambika Pal, the chairperson of the joint parliamentary committee reviewing the Waqf Amendment Bill, visited Karnataka to meet farmers at the invitation of Surya. The BJP’s Karnataka unit has alleged that the state government designated land belonging to farmers in several taluks as Waqf land.

India has officially declared its intent to host the 2036 Olympic and Paralympic Games, emphasising the nation’s religious diversity, historical ties to ancient trade routes, and growing global influence. In a letter to the International Olympic Committee (IOC), the Indian Olympic Association (IOA), in consultation with the government, highlighted India’s “strategic position along the ancient silk and spice routes” and its rich cultural fabric, shaped by “thousands of years of history.” The bid letter, sources confirm, celebrates India’s “mosaic of religions” — including Hinduism, Islam, Christianity, Sikhism, Buddhism, and Jainism — as symbols of its peaceful message to the world. Although the letter did not specify a host city, Ahmedabad has emerged as the likely choice. The Gujarat government has already established the Gujarat Olympic Planning and Infrastructure Corporation Limited to prepare for the Games, with Home Minister Amit Shah closely overseeing the progress. Competing nations include Qatar, Saudi Arabia, and Turkey.

The Supreme Court refused to transfer the rape and murder trial pertaining to a doctor in Kolkata outside West Bengal on Thursday. A bench headed by Chief Justice DY Chandrachud said the trial court judge had sufficient powers to order another investigation upon feeling it necessary after examining the evidence. The top court also examined the sixth status report filed by the CBI in relation to the case of rape and murder at Kolkata’s R G Kar Medical College and Hospital, but refrained from making observations saying the probe was underway.

In a moment of hope for wildlife conservation, experts in Rajasthan are celebrating a major breakthrough in their efforts to save the great Indian bustard, a critically endangered species. Last month, wildlife officials achieved the first-ever successful hatching of a bustard chick through artificial insemination, offering a glimmer of hope for a bird whose population has plummeted from over 1,000 in the 1960s to just around 150 today. This milestone was achieved when a lone male in Jaisalmer, trained to produce sperm without mating, contributed to inseminating a female 200 km away. The success not only opens the door to creating a sperm bank for the species but also marks a turning point in combating habitat loss, poaching, and collisions with power lines. Experts, like conservation ecologist Sumit Dookia, see this breakthrough as a critical step in preserving one of India’s most majestic yet vulnerable birds, whose survival is now tied to both innovative science and the protection of its shrinking habitat, reports BBC.

Downgrading COP?

Prime Minister Narendra Modi is unlikely to visit the COP29 climate summit in Baku, Azerbaijan next week, and so is Union environment minister Bhupender Yadav, who is expected to be busy then as BJP in-charge for poll-bound Maharashtra, PTI reports citing sources. New Delhi’s delegation to the summit will be led by minister of state for environment Kirti Vardhan Singh in lieu of Modi and Yadav’s availability. PTI also notes that India will not host a pavilion – spaces organised by Parties to the summit where events, research showcases and informal discussions are hosted – at Baku.

RTI: Shortfall in Manipur compensation claims by Shah ministry

The Union home ministry is yet to provide Rs 3.95 crore of the promised compensation for the families of those killed in the Manipur violence. On May 3 it would be three years of the ethnic violence in Manipur which has torn the state apart.

Great Nicobar project: What do people living on the island think of it?

Nicobarese people living on Great Nicobar Island – where the Union government is considering building an international transshipment port and other new things – aren’t vigorously opposed to the idea of the project, but are worried about losing access to their traditional lands, reports Vaishnavi Rathore, who visited the island in September. But they aren’t the only ones who potentially stand to lose from the project: there are also residents of nearby islands who may see their land notified as wildlife sanctuaries as compensation for the project, settlers from the mainland living along Great Nicobar’s coast, and the largely uncontacted Shompens. One businessman pointed out that education facilities on the island may not have made locals skilled enough to benefit from the jobs that will come with the project.

The Long Cable

Self Publicity and Photo-Ops: CJI Chandrachud Sets a New Precedent for Judges

Rajeev Dhavan

One of the most famous photo-ops in the history of the Supreme Court was the photo of the five judges in the Babri case holding hands to celebrate their judgement that was in favour of the Hindu community.

This photo was taken behind Court–I, and included the judges Ranjan Gogoi, Sharad Bobde, D.Y. Chandrachud, Ashok Bhushan and Abdul Nazeer. It was incredible–judges do not celebrate their judgments by suo motu photo-ops.

The outgoing Chief Justice of India Chandrachud's new quest for public photo-ops does not celebrate victory of his judgments but of himself. Should this now be followed by all Supreme Court and High Court judges in India? Should the etiquette for the future be that all judges could take their children to the court they preside over and create a photo-op for the public?

Is it also appropriate for judges in India to invite the prime minister to a religious ceremony and make a spectacle out of it? What happens if the prime Minister and the judge are of different faiths? Or is this the exclusive privilege of Hindu judges when there is a Hindu Prime Minister?

Should all judges on the eve of their retirement visit the President, another spectacle that makes for the perfect photo-op? Can all the judges invite the PM or ministers to their home to celebrate their mutual religiosities under the full glare of publicity?

After an Independence Day celebration, we have a photo (not initiated by Chandrachud this time) where the CJI is doing a namaste to home minister Amit Shah (younger in age and lower in protocol). Should all judges endeavour to do this?

But let us come back to our photo hungry CJI Chandrachud and his self-propelled desire for photo-ops published in various publications across India. What is important is that apart from some administrative duties, the CJI is first amongst equals. What he can do in this capacity, every judge is entitled to do so, including High Court judges and Chief Justices.

CJI Chandrachud has set a precedent for voluntary public photo-ops for all judges to follow. It is not just about pictures clicked of public events where judges give lectures but also involves garnering self publicity at even private events, including hobnobbing with the prime minister, who represents the Executive. Of course, Chandrachud has also attended and created public events where his penchant for publicity has reigned supreme.

If CJI Chandrachud is entitled to such blatant self-publicity, it has set a precedent for every judge of the Supreme Court and High Court to do so. Should retiring judges of the Supreme Court or High Court meet the President or a Governor? Should they celebrate their judgments? Should they expose their lives and interactions with the executive suo-motu for publicity?

CJIs have no special right to self-publicity. In this regard, they are equal to all other SC and HC judges. CJI Chandrachud has broken the etiquette of judicial rectitude, followed by judges since independence and also adhered to by judges across the world. In doing so, he has compromised the status of the judiciary and the independence of the judiciary.

(Rajeev Dhavan is a senior advocate.)

Reportedly

It is believed that the Indonesian president, Prabowo Subianto is to be the chief guest on January 26. But it is reported that he is kicking off “his first foreign tour as Indonesia’s president with a visit to top trading partner China, underscoring Beijing’s importance to south-east Asia’s largest economy.” India’s attempts to get big fish as January 26 guests has been back-firing since Biden rejected it and others had to be quickly asked to come instead. Prabowo is deeply controversial but Indonesia’s president may have been deemed a big catch. But, it is China first for him.

Deep dive

A semiconductor company from the US was keen on investing a large amount of money in Tamil Nadu capital Chennai, back in 2022. The company’s officials were in New Delhi to meet with the commerce minister to discuss their intentions — and when they stepped out of that meeting, there was a surprise waiting for them. A helicopter was all set to whisk them away to Gujarat, before they could finalise their investment in Chennai. “They wanted to waste no time to convince them to shift their project to Modi’s home state, Gujarat,” a source close to a Tamil Nadu minister told Pooja Prasanna. This is just one of the many cases of snatching away projects from South India and Maharashtra by BJP to Gujarat. Four strategies are being deployed to woo investors to Modi’s favourite state: substantial capital subsidies from the Union government, commitments to reduce import duties, assurances of government orders for manufacturing, and aggressive promotion of Dholera and GIFT City as investment destinations by Union government representatives

Prime number: $10.43 billion

The month of October brought considerable volatility to global equity markets, and the monthly net outflow has been $ 10.43 billion. Indian markets have recorded the highest foreign portfolio investment (FPI) outflows among major economies. FPI refers to the acquisition of financial assets, like stocks and bonds, in a foreign country as a strategy for portfolio diversification. Unlike direct investments, FPIs typically do not grant investors any management control over the assets.

India’s net FPI flows for 2024 have been erased by October’s substantial outflow of $11.47 billion, resulting in a cumulative outflow of $407 million from January to November 6.

Opeds you don’t want to miss

The top-down, elitist bias that the British put into India’s education has carried over in India. Andy Mukherjee on the ills that dog our crumbling education system, in stark contrast to the path that China chose.

Had Sardar Patel been alive, the upright politician and leader would have objected to the glamorous development in his name that has only wrought displacement, destruction and disparity in the guise of “unity”. Medha Patkar on why the ‘Statue of Unity’ is a hollow tribute to India’s tallest leader.

Discrimination caught up with Prof Saibaba in his death, but that was hardly the only time. He was a victim of that scourge multiple times in his life, writes R. Rajagopal.

Indian women’s agency is primarily influenced by marital status and caste, rather than religion or education. This suggests that legal reforms alone, like UCC, might not be enough to empower women. Deeper societal changes in gender norms are essential, writes Sreeparna Chattopadhyay and Joyita Roy Chowdhury.

A Trump presidency may be personally a good deal for Modi but will certainly not be so for India as a country. Sushant Singh writes on the basis of evidence from Trump 1.0, his campaign speeches, his worldview and more.

Shashi Tharoor says southern states do not need more babies, as some chief ministers have been saying, but better ideas. He calls for giving the states greater voice or even ‘rethinking’ the Rajya Sabha to strengthen state representation.

Listen up

Sandip Roy speaks to Dr. Sudipta Sengupta, one of the first Indian women to set foot on Antarctica, who may have well broken the glass ceiling in Indian geology.

Watch out

Australian cricketer Pat Cummins speaks here about how he did not give relief money to help Covid victims in India to PM Cares but to UNICEF. Your perfect Friday watch.

Over and out

Himachal Pradesh’s Criminal Investigation Department (CID) has launched a probe after a “samosa scandal” unfolded at a recent event. When Chief Minister Sukhvinder Singh Sukhu visited CID headquarters on October 21 to inaugurate a cyber wing, the samosas and cakes meant for him were mistakenly served to his security staff. The CID didn’t take this lightly, labelling the mix-up an “anti-government act,” PTI reported. Five police personnel, including a woman inspector, have now been served show-cause notices for what might be India’s tastiest crime. As per media reports, the snack confusion has sparked a full-scale investigation, suggesting that misplaced pastries are no small matter in Himachal Pradesh. Whether a cyber-wing can crack the “samosa conspiracy” remains to be seen, but one thing’s certain: next time, the CM’s snacks will be guarded with utmost seriousness.

Read this story about the sociology (and psychology) of Indian male sex workers and their clients by Neerja Deodhar.

That’s it for today. We’ll be back with you on Monday, on a device near you. If The India Cable was forwarded to you by a friend (perhaps a common friend!) book your own copy by SUBSCRIBING HERE.

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