NEW DELHI: The Supreme Court on Monday agreed to hear on February 6 pleas challenging Centre’s decision to ban BBC documentary titled ‘India the Modi Question’ on the 2002 Gujarat riots, Union Law Minister Kiren Rijiju questioned the motive and objective of the petitioners senior journalist N Ram, advocate Prashant Bhushan & TMC MP Mahua Moitra.
Taking to Twitter, Rijiju said, “This is how they waste the precious time of Hon’ble Supreme Court where thousands of common citizens are waiting and seeking dates for Justice.” Remarking that India has moved much beyond the colonial mindset, he said, “For how long the false propaganda can sustain? The matter is settled & set aside by the highest court of India. What is the motive of these kinds of people? What is their objective? Is the Supreme Court of India supreme or BBC? India has moved much beyond this colonial mindset,” he said.
The pleas that have been also been filed by serial litigant ML Sharma, were mentioned before the bench led by CJI DY Chandrachud. Appearing for N Ram, advocate Prashant Bhushan and TMC MP, senior advocate CU Singh told the bench that TMC MP Mahua Moitra and advocate Prashant Bhushan’s tweets were taken down by the Centre.
Singh further stated that the Centre has not yet formally publicised the blocking order and that there were reports of suspension of students from campuses. ML Sharma in his plea has also sought for examining the documentary. He has also sought for taking actions against persons involved directly or indirectly in Gujarat riots.
Govt questions Teesta Setalvad’s locus standi
Objecting to the locus of social activist Teesta Setalvad’s NGO ‘Citizens for Justice and Peace’ (CJP) of challenging provisions of anti-conversion laws regulating religious conversions due to interfaith marriages passed by various states including Uttar Pradesh, Uttarakhand and Himachal Pradesh, the Central government on Monday informed the SC that Setalvad under the guise of serving public interest, deliberately undertakes, and consciously and surreptitiously espouses, divisive politics in an attempt to divide the society on religious and communal lines.
Attorney General for India R Venkataramani also submitted that he has “serious objections” to the Supreme Court hearing the pleas challenging state legislations, bypassing the High Courts. Considering AG’s submissions, CJI said that the objections will be considered on Friday.
Hate speech report ‘almost ready’
Delhi Police on Monday informed the SC that the final report in the hate speech case over the Hindu Yuva Vahini event organised by Sudarshan News TV editor Suresh Chavhanke in Delhi in December 2021 is “almost ready”. ASG KM Nataraj also told the bench led by CJI DY Chandrachud that Chavankhe’s voice sample will be recorded by Forensic Science Laboratory on March 17, 2023 pursuant to which the recording will be compared with the video/audio downloaded from YouTube.
Referring to the contents of the affidavit that has been filed pursuant to SCs order dated Jan 13, 2023 Nataraj also said the investigation is being conducted “fairly” & “without any bias.” Considering the submissions, the bench asked Delhi Police to further file an affidavit indicating the status of investigation and also apprise the court of the preventive steps taken. Court’s order came in a plea preferred by social activist and Mahatma Gandhi’s great grandson Tushar Gandhi.
Also in top court
‘Defer hearing of plea against border pact’
The Apex Court has requested Meghalaya HC to defer the hearing in a case related to the memorandum of understanding between Assam and Meghalaya with respect to demarcation of physical land boundaries between the two states by two weeks. “HC staying an understanding between two chief ministers is unprecedented,” the CJI remarked.
Notice on bail plea of convicts in Guj riots
The SC issued a notice in plea filed by convicts in the Godhra riots case seeking bail. Appearing for one of the convicts, senior advocate Sanjay Hegde argued that they’ve been in jail for over 20 years. Objecting to it, SG Tushar Mehta for Gujarat govt said that the case needed to be heard. “When you lock a bogey with 59 passengers and pelt stones, it is not just stone pelting,” Mehta said.
Changes in law can’t be ground to recall order
Questioning Centre’s application to recall the direction passed in September 2021 which prevented the extension of the tenure of the Director of Enforcement Directorate Sanjay Kumar Mishra beyond November 16, 2021, SC on Monday said that subsequent legislative change cannot be a ground for recalling or modifying an earlier judgement or order.