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Citizens for Justice and Peace

“I piss on the Court’s judgements. Some people are trying to get a case admitted against me. But I am not afraid of court judgements. Most judges are like plague–ridden rats against whom direct action should be taken:” Bal Thackeray quoted in the lead story published in Saanj Jansatta, (June 25, 1993) and in Gujrat…

Thus wrote Thackeray. . . . >December 2, 1992:   “Municipal commissioner Khairnar risked his life to use the bulldozer in Bhendi Bazar which has become a haven of Pakistani infiltrators and anti-national Muslims. Moulvis and mullahs have corrupted Bhendi Bazar. The poison of treachery (anti-nationalism) is flowing through every vein of Bhendi Bazar. Is…

Government, police and Saamna

Fourteen cases in all have been filed against Bal Thackeray’s mouthpieces, the Marathi daily, Saamna and the Hindi eveninger, Dopahar ka Saamna by the police for articles published over four years–between 1990-94. In view of reported claims in court, by the police and the Maharashtra government, in the course of hearing this petition, that sufficient…

Future of India at stake

By Nani  Palkhiwala,  Prominent lawyer and Constitutional law expert I am deeply distressed that even the Court did not give priority of priorities to the cause of amity and national solidarity. On a perusal of the papers, in my view the dispassionate conclusion is as follows. (1)        The High Court was in error in not…

Thackeray openly flouted the law

By Soli Sorabjee, Former attorney general of India It is extremely unfortunate that the judiciary has not intervened in this case where the law has been openly flouted and communal hatred spread by Bal Thackeray through his mouthpiece, the Saamna. History teaches us that unless these pernicious tendencies are scotched they grow to become unmanageable monsters…

SC ruling is absolutely shocking

By Hosbet Suresh, Justice, Bombay High Court (retired) I find the Supreme Court ruling absolutely shocking. What it essentially means is that the ruling of the division bench of the High Court has been confirmed. One of the contentions in the High Court ruling was that the articles which appeared in Saamna did not pertain to…

Where then, O Lord, shall we turn

By Fali S. Nariman, eminent jurist It is difficult to comment, much less to criticise, an order of the Supreme Court refusing special leave to appeal under article 136 of the Constitution. It is discretionary jurisdiction. The SC is not bound to interfere with every erroneous order of the High Court, nor does its interference tantamount…

SC should recall its order

By H.M. Seervai, Constitutional expert ‘Communalism Combat’ requested Mr. H.M. Seervai, distinguished jurist, author of the leading commentary on the Constitution of India and the former advocate general of Maharashtra to give his legal opinion on the judgement of the Bombay High Court J.B. D’Souza v. State of Maharashtra and the order of the Supreme Court…

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