Karnataka Deputy Chief Minister D K Shivakumar’s remark about changing the Constitution to accommodate four per cent reservation for Muslims in the state caused a huge uproar in Parliament. Ruling party BJP forced repeated adjournments in Lok Sabha and Rajya Sabha. Parliamentary Affairs Minister Kiren Rijiju demanded clarification from Congress saying such a remark was unacceptable. Rijiju said, it was the Muslim League before Independence which demanded reservation for Muslims and this led to the Partition of India. In Rajya Sabha, Leader of the House J P Nadda said, giving 4 pc reservation to Muslims in contracts goes against the principle of not granting quota on the basis of religion. He said, it was never advocated by Dr B R Ambedkar and Sardar Patel. Leader of Opposition Mallikarjun Kharge said, no such remark about changing Constitution was made by any of his party leaders. Later, Shivakumar denied making any comment regarding changing the Constitution and claimed that he was misquoted. Shivakumar said, “I casually said there will be so many changes after various judgments. Whatever reservation has given (to Muslims) is as per the quota for backward classes. I have never said that we will change Constitution”. What D K Shivakumar said earlier was, “Yes, I agree. Let us see what the court says. We have made a beginning. I know people will go to court. Let’s wait for ‘acchhe din’. ‘Achhe Din’ will come. There are many such changes. The Constitution will change. There are decisions that change the Constitution”. After listening to this, Shivakumar’s denial or clarification has no meaning. Nor is any clarification required from Congress. Shivakumar was asked a question about quota for Muslims and he clearly said, Constitution will change. The decision to give 4 pc reservation to Muslims in contracts is one which can bring changes in Constitution. Either he made this remark mistakenly or later he realised that he made a mistake. It is up to Shivakumar to decide. The moot point is that he had clearly spoken about changing the Constitution.
Cash for Judge: Judiciary needs a foolproof system to punish the guilty
The three-member probe panel formed by the Chief Justice of India visited the official residence of Justice Yashwant Varma in Delhi on Tuesday morning to conduct an on-the-spot investigation into the fire incident in which a huge pile of cash was reportedly found burnt on the day of Holi. The committee members are, Punjab and Haryana High Court Chief Justice Sheel Nagu, Himachal Pradesh High Court Chief Justice GS Sandhawalia, and Karnataka High Court judge Justice Anu Sivaraman. The Supreme Court collegium has recommended transfer of Justice Varma to Allahabad High Court, triggering protest by the HC Bar Association there. In Rajya Sabha, Chairman Jagdeep Dhankhar had a meeting with Leader of the House J P Nadda and Leader of Opposition Mallikarjun Kharge and said that it would be better to wait for the probe panel report, but at the same parties, all parties should sit together to ensure that the reputation of judiciary is not harmed. Already questions are being raised in public on the issue of transparency in judiciary. Dhankhar pointed out that Parliament, and assemblies of 16 states, had enacted the National Judicial Accountability Commission law which was struck down by the Supreme Court by a 4:1 judgement in 2015. Most of the political parties are of the opinion that accountability of judges must be fixed. Normally, when cash is found, the matter is handed over either to the police or CBI, which have the expertise to probe such matters. But former CJI Chandrachud has cited compulsions in the name of ensuring independence of judiciary. Matters related to judges are not handed over to police. Neither the Supreme Court nor the High Court is an investigation agency. Court officers were sent to take the statement of Delhi Fire Services chief after the incident. Firemen had noticed burnt currency notes after the fire was brought under control and they had made a video of it. What the Fire Services has said in its statement is alarming. The last sentence in the statement says, “After bringing fire under control, 4-5 half-burnt stacks were found which contained Indian currency notes”. There is no scope for any doubt after this. But the question is, where did the half-burnt currency notes vanish? Were there any other stack containing unburnt currency notes? Who took away those unburnt currency notes? Why didn’t Delhi Police seal the site after currency notes were found? All such questions need answers. There is no doubt that the Supreme Court collegium did everything in a transparent manner in the matter of Justice Yashwant Varma. All documents and videos were uploaded on its website. The question now is, why was Justice Varma transferred to Allahabad HC after all this? Why was the judge facing charges of having a pile of cash, with prima facie evidence available, not suspended? It was former CJI Y V Chandrachud who answered this question. He pointed out that the court has no powers other than transferring a judge. There is no other method of giving punishment to judges. After the inquiry is over and if the judge is found guilty, the CJI can ask Justice Varma to resign. If the judge refuses to resign, the CJI can recommended his impeachment. The impeachment process is lengthy. The moot point is, there is need for change in the method to deal with such cases. Indian judiciary needs a proper system for preventing corruption, carrying out investigation and giving punishment. Let us hope, some solid solution will emerge from this case.
Kunal Kamra’s abusive remarks: Let courts decide
Mumbai Police has issued summons to standup comedian Kunal Kamra to appear before the investigating officer in Khar police station in connection with his “gaddar” remark against Maharashtra deputy CM Eknath Shinde. Kamra has sought a week’s time. Meanwhile Kamra’s studio has been closed indefinitely while a team of BMC went to the studio and demolished “illegal” portions with gas cutter and hammer. All 12 Shiv Sainiks arrested for vandalizing the studio have come out on bail. Shiv Sena (UBT) has come out openly in support of Kamra. Kunal Kamra has said that he was ready to tender apology if asked to do so by court. Kunal Kamra had described Eknath Shinde as “gaddar”, “Chor”. Uddhav Thackeray and Sanjay Raut have hurled the same abuses against Eknath Shinde hundreds of times. Uddhav had gone to the extent of naming Shinde as “Khokha Chor”, and Shinde has also described Uddhav Thackeray as ‘Asli Gaddar”, “Dhokeybaaz”. Both these leaders have no right to take umbrage over such abuses. It is true that Kunal Kamra has crossed the limits of decency several times in his shows, but there are laws and courts to deal with such incidents. If Kunal Kamra misused freedom of expression, then the complaint should have been lodged in court, but how can anybody allow Shinde’s supporters to take law into their own hands? Being a part of the ruling alliance in Maharashtra does not give Shinde’s supporters the licence to indulge in vandalism. It would be better if we leave it to the courts to decide about a comedian’s remarks. If those who are supposed to run the government break laws, then anarchy will prevail.
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