Tag: Justice Markandey Katju

Renowned Jurist Justice Markandey Katju’s Twitter Account Was Suspended for Violating Platform Rules

Twitter Suspends Account of Justice Markandey Katju (@mkatju) Due to Violating Twitter Rules
A Blow to Free Speech: Renowned Jurist’s Twitter Account Suspended
In an unexpected turn of events, the popular social networking site Twitter has suspended Justice Markandey Katju’s (@mkatju) account, claiming violations of its platform guidelines. The action has triggered a contentious discussion about the right to free speech and the function of social media sites in controlling content.
Markandey Katju (@mkatju), Former Supreme Court Judge, Faces Twitter Ban
Markandey Katju is an Indian jurist and former judge of Supreme Court of India who served as chairman for the Press Council of India from 2011 to 2014.
Justice Katju acquired a sizable following on Twitter over the years due to his strong opinions and frequently contentious remarks. Yesterday, his account was immediately terminated. This account has developed into a forum for him to share his legal knowledge, thoughts, and participate in discussions. Many of his admirers and followers were shocked and alarmed by this behaviour.
Markandey Katju Responds to Twitter Ban: Vows to Continue Fighting for Free Speech
In an interview with The News Caravan Justice Katju told “The arms of the Pakistan Establishment ( the ruling PDM & the Pak army) may not be long enough to get me arrested, tortured or killed ( as they have done to thousands of Pakistani protesters ) since I am in India, but they are long enough to get my twitter account suspended. Despite my email to Elon Musk it has not been restored. However, I share a quality with Imran Khan. I keep fighting till the last ball.”
Further Justice Markandey Katju said :
(1) No reason has been given to me for suspending my twitter account and I was not informed by twitter what was the objectionable material
(2) If I had posted anything which twitter regarded objectionable they could have deleted it and given me a warning not to post such material. Suspension should only have been if I did not pay heed to to this warning
(3) Twitter should clarify whether it regards calling a politician corrupt hate speech if I give evidence to prove it e.g. Panama Papers and other material which prove corruption of Nawaz Sharif and his daughter Maryam
Violation of Twitter Rules: What Led to the Suspension?
Twitter’s official statement claims that many rules breaches, including those involving hate speech and targeted harassment, led to the suspension. The precise tweets that caused the ban have not been made public by Twitter, although it is assumed that users who considered them offensive or inappropriate complained them.

Reactions Pour In: Free Speech Advocates Express Concerns
The continuing discussion over how to strike a balance between the right to free expression and social media companies’ obligations to control material has been revived by Twitter’s decision to ban Justice Katju’s account. While many contend that social media sites like Twitter have a responsibility to create a secure and welcoming environment, others worry about the impact on free speech and the possible stifling of opposing viewpoints.
Justice Katju’s supporters contend that his suspension creates a risky precedent for censoring opposing viewpoints and restricting intellectual conversation. They think that even if his opinions can be divisive, they should still be protected by the right to free expression. On the other side, detractors argue that Twitter’s response was appropriate since it’s crucial to preserve a civil and secure online environment for all users.
Twitter’s Ongoing Battle Against Violators of its Policies
This event serves as a reminder of the ongoing challenges social media platforms confront in policing content and consistently applying their rules. Similar to other major platforms, Twitter has received criticism in the past for how it handles material and contentious people. As platforms work to establish an environment that accommodates to all perspectives while reducing the danger of violence or harassment, striking a balance between the need for user safety and the need for freedom of speech remains a challenging issue.
Several human rights organisations and proponents of free expression have voiced their concerns in reaction to Justice Katju’s suspension. They contend that the suspension undermines the value of free expression, which is a cornerstone of every democratic society, and sets a perilous precedent. They stress the value of having an open discussion even when confronted with opposing or offensive viewpoints.
On the other hand, several users have praised Twitter’s choice, saying it sends a clear statement about hate speech and online abuse. They contend that social media sites like Twitter owe duty to all users to establish a secure environment free from harassment and threats.
In recent years, Twitter has worked to strengthen its content filtering and policy enforcement. The site now employs both automatic technologies and human moderators to monitor and evaluate reported content and has tougher policies against hate speech, harassment, and disinformation. However, managing a platform with millions of users throughout the world successfully is still a difficult endeavour.
The decision made by Twitter to suspend Justice Katju raises concerns regarding the openness of its enforcement practises. Some contend that supplying greater background information and openness on the precise
Freuently Asked Questions ( faq’s ) Related to this article :
Why was Justice Markandey Katju’s Twitter account suspended?
Justice Katju’s Twitter account was suspended for alleged violations of Twitter’s platform rules, including hate speech and targeted harassment.
What is the significance of Justice Katju’s response to the Twitter ban?
In his statement, Justice Katju emphasises the necessity to defend free expression and the freedom to dissent while also highlighting the disparity in power between himself and the Pakistani Establishment.

May 20, 2023
Strange behaviour of the Pakistan Supreme Court Judges By Justice Katju

A bench of the Pakistan Supreme Court today declared Imran Khan’s arrest by the Pakistan Rangers, on a warrant of the NAB relating to a corruption charge regarding Al-Qadir Trust, illegal, and ordered his release.
I agree that the arrest was illegal, though for reasons different from that given by the court. However, before I give my reasons, I would like to comment on the strange behavior of the judges on the bench hearing the case.
From the internet it appears that on seeing Imran Khan in court, the Chief Justice remarked ” We are very happy to see you ” ( Aap ko dekh kar badi khushi hui )

With great respect to Justice Bandial, this remark was totally uncalled for and unwarranted, and it tends to convey a wrong signal that the CJP and Imran Khan are buddies.
Francis Bacon, a Lord Chancellor of England once remarked ” A much talking judge is like an ill tuned cymbal ”, and all judges should keep that in mind. The less they talk in court the better.
There was widespread violence in Pakistan following Imran Khan’s arrest
The CJP observed that he did not approve of the manner of the arrest.
Now an act being improper, and it being illegal, are two very different things. The court can interfere only if it is illegal, and cannot interfere merely because it is improper.
If the Pakistan Supreme Court regarded the arrest illegal, then it should have clearly mentioned in its order which specific law did it violate ? Is there any law in Pakistan which says no arrest can be made in a court building ? I doubt it. There is none in India, and the Pakistani Penal Code and Criminal Procedure Code broadly follow the law in India.

After declaring the arrest illegal and setting Imran Khan free, the Pakistan Supreme Court directed him to appear the next day before the Islamabad High Court. What for ? If the arrest was illegal, why should he be made to appear in the High Court ? The Supreme Court should have itself granted him bail using its suo motu powers, as well as its power under Article 187(1) of the Constitution which states ” the Supreme Court shall have power to issue such directions, orders or decrees as may be necessary for doing complete justice in any case or matter pending before it ”.

Now I may give my own reasons why I regard the arrest illegal.

Section 157 of Pakistan’s Criminal Procedure Code ( which is identical to section 157 of the Indian Cr.P.C. ) states :
” Procedure where cognizable offence suspected:
(1) If from information received or otherwise, an officer incharge of a police-station has reason to suspect the commission of an offence which he is empowered under Section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police-report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the Provincial Government may, by general or special order, prescribe in this behalf to proceed, to the spot, to investigate the facts and circumstance of the case, and, if necessary, to take measures for the ‘discovery and arrest of the offender ”.

The last few words in this provision clearly imply that arrest is not a must in every case. This is evident from use of the words ” if necessary ”. So if an investigation can be done without arresting a suspect, e.g. by questioning him at his residence or place of work, an arrest would be unnecessary and unwarranted, and would violate section 157.

In India and Pakistan policemen who arrest a person are often complying with an order received from some higher police or political authority. Are they bound to carry out such an order? All arrests are not legal. What usually happens in India ( or Pakistan ) is that the moment an FIR of a cognizable offence is lodged in a police station, the police rush to arrest the accused.
But what is the correct legal position?
In Joginder Kumar vs. State of U.P. (AIR 1994 S.C. 1349), the Indian Supreme Court observed: “No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The police officer must be able to justify the arrest, apart from his power to do so.

Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self-esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person.
It would be prudent for a police officer, in the interest of protection of the constitutional rights of a citizen, and perhaps in his own interest, to ensure that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the person’s complicity and even so as to the need to effect arrest.

Denying a person of his liberty is a serious matter. The recommendations of the Police Commission merely reflect the constitutional concomitants of the fundamental right to personal liberty and freedom. A person is not liable to arrest merely on the suspicion of complicity in an offence.
There must be some reasonable justification in the opinion of the officer effecting the arrest that such arrest is necessary and justified. Except in heinous offences, an arrest must be avoided if a police officer issues notice to person to attend the Station House and not to leave the Station without permission would do.”

The last sentence is important, though usually ignored by policemen. In the same judgment, the Indian Supreme Court has observed that the power to arrest is a major source of corruption for the police, and that according to the Third Report of the National Police Commission, about 60 per cent of arrests in our country are either unnecessary or unjustified.

The observations of the Pakistan Supreme Court are, in fact, in accordance with Section 157(1) of the Criminal Procedure Code, which I have quoted above.

The CrPC deliberately uses the words “and, if necessary, to take measures for the discovery and arrest of the offender.” The caveat “if necessary” indicates that the law does not authorise the police to arrest a suspect in every criminal case. The reality in India ( and probably also in Pakistan ), however, is that the moment an FIR of a cognisable offence is lodged, the police rush in to arrest, ( and often demand money for not doing so ).

The correct position in law is that they must refuse to carry out an illegal order, failing which the policemen concerned will themselves have to face severe criminal as well as civil penalties.

In R. vs. Commissioner of Police for the Metropolis, ex parte Blackburn, (1968), Lord Denning observed that the police are under a duty to follow the law. It follows that if there is a conflict between the law and an order issued by an executive authority, the police must ignore the illegal order of the executive authority, however high.

In the Nuremberg Trials held after the Second World War, the Nazi war criminals took the plea that they were only carrying out orders of their superior authority, Hitler. This plea, that ‘orders are orders ‘ was rejected by the International Tribunal, and many of the accused were sentenced to be hanged.

So if a policeman gets an illegal order, whether from a higher police authority, or a political authority, it is his duty to refuse to carry it out, otherwise he will have to face criminal and civil liability. To make an illegal arrest is a crime (wrongful restraint and wrongful confinement) punishable under sections 341 and 342 I.P.C.

A wrongful arrest is violative of Article 21 of the Indian Constitution, which guarantees life and liberty to all persons. In Deepak Bajaj vs. State of Maharashtra ( 2008 ) the Indian Supreme Court observed:
“The purpose of Article 21 is to safeguard the liberty of the citizen which is a precious right not to be lightly transgressed by anyone.
The imperative necessity to protect those precious rights is a lesson taught by all history and all human experience. Our founding fathers had lived through bitter years of the freedom struggle and seen an alien government trample upon the human rights of our citizens. It is for this reason that they introduced Article 21 in the Constitution ”.

In Ghani vs. Jones (1970)1 Q.B. 693 (709) Lord Denning observed:
“A man’s liberty of movement is regarded so highly by the law of England that it is not to be hindered or prevented except on the surest ground”

This observation has been quoted with approval by the Indian Supreme Court in Govt. of Andhra Pradesh vs. P. Laxmi Devi J.T. 2008 (2) SC 639 (vide para 90).
The above is the reasoning which I would have given in my order if I had heard Imran Khan’s case for quashing his arrest. I would have held that there was no need to arrest him, and he could be questioned by the police at his residence. Hence the arrest was illegal
However, having said all this, I wish to applaud the Pakistan Supreme Court for having shown the courage to stand up for justice by setting aside Imran Khan’s illegal arrest, despite the atmosphere of fear, trepidity, and consternation prevailing in Pakistan

May 11, 2023
Undeclared martial law prevails in Pakistan By Justice Katju

”Tha shor maut se bacho bacho talwaar chali talwaar hali ”
The above line from Hindi poet Shyam Narain Pandey’s epic poem ‘Haldighati’ succinctly expresses the situation prevailing in Pakistan today, where there is an atmosphere of fear, consternation, and presentiment.
After former Prime Minister Imran Khan’s arrest on 9th May by the Pakistan Rangers, there have been protests in many cities in Pakistan by PTI supporters. These included attacks on army GHQ, Corps Commander’s residence, and military installations, as many people believed it was the army which ordered the arrest.
It is very likely that indeed it was the army which ordered the arrest.
However, the attack on army buildings and installations has provoked a strong reaction from the Pakistan army whose media wing, the ISPR, declared it as a “black chapter” in Pakistan’s history, and warned of strong action against the culprits and those behind them.
Without naming Imran Khan’s PTI, the ISPR has clearly pointed to it and its leaders as those responsible for the violence.
Consequently there has been a crackdown on the PTI, many of whose top leaders and workers have been arrested or are absconding.
The PTI leaders have called for a countrywide protest against Imran Khan’s arrest
However, after some initial response to this call, the protests have mostly died down, since the army has taken out its sword. As was said ” Sach achcha, par sach ke liye koi aur mare to aur achcha ”. Everyone values his neck.

I submit :
(1) The PTI, and its leaders, including Imran Khan are finished politically forever.
The PTI was created in 1996 by Imran Khan, who worked assiduously to build it up for over 2 decades before it came to power in 2018. Now in a few months he has destroyed it by foolishly taking on the Pakistan army, which is the real power in Pakistan.
(2) Undeclared martial law has now been imposed in Pakistan, and is likely to continue for quite some time.
The real reason for Imran Khan’s arrest was obvious : of late he had given some intemperate statements severely critical of some senior officers in the Pakistan army.
There is a dictum ‘power grows out of the barrel of a gun’, and in Pakistan the gun is with the army. So the real power in Pakistan is with the its army, which has ruled Pakistan, overtly or covertly, almost throughout its history.
Speaking against it in public is extremely dangerous, and that is what has really led to Imran Khan’s arrest, not alleged corruption.I submit this arrest will not be confined to Imran Khan alone, but will immediately send several harsh messages throughout Pakistan :
1. If Pakistanis want to remain healthy, they must never openly criticise the Pak army, otherwise they may be beaten up or end up in jail, like Imran Khan, or suffer worse consequences. This is despite the fact that the Pakistan army has looted Pakistan
When Roman general Pompey the Great went to Sicily, the people of Sicily objected to his jurisdiction on the ground that it was against an ancient law of Rome. To which Pompey replied ” Dont quote the laws to us, we carry swords ”.So laws matter little when there is martial law, declared or undeclared
2. Arrest of Imran Khan has sent a clear message from the Pakistan army to the Chief Justice of Pakistan & other judges to pipe down. Despite their earlier bravado, Justice Bandial & his companion judges will soon forget drawing contempt charges against those who defied their 4th April order ( that elections to the Punjab Assembly must be held on 14th May ), citing Justice Munir’s ‘doctrine of necessity’.
All judges in Pakistan ( and civil servants ) will soon get the message that obeying the army’s orders blindly is the only way to remain safe and healthy.
3. Many PTI members will soon quit the party, or duck for cover. Aspirants for membership must have now forgetten about it, realising that it may get them into trouble.
4. Imran Khan’s arrest has sent a strong message to mediahouses and mediapersons who were supporting him to pipe down, or face the consequences
5. And it has also sent a clear message to supporters of Imran Khan not to come out in protest on the streets in large numbers, otherwise a ‘whiff of grapeshot’ may be used to disperse them, as was done by Napoleon’s troops on the Paris mob in October 1795 on Vendemiare
Facebook, twitter, and youtube are reportedly shut down in Pakistan.There will of course be a Prime Minister and civilian govt in Pakistan, but this will be just a fig leaf. Undeclared martial law has been imposed in the country.

May 11, 2023
The decision to arrest Imran Khan by Justice Katju

Crucial decisions of the Pakistan army, the real rulers of Pakistan, are taken in the Corps Commanders conferences which are held regularly, and in addition whenever the army chief requisitions it. The meetings, which are closed door and highly confidential, are chaired by the army chief, who is a full general, and the participants are the corps commanders and principal staff officers, who are of the rank of lieutenant general. No one else is allowed to attend.
The decision to arrest former Prime Minister Imran Khan was almost certainly taken in one of these meetings, but since they are always closed door and highly confidential, no one, apart from the participants, know what actually transpired.
I have therefore used my imagination and written this fictional and hypothetical account of what occurred in the meeting.
The Chairman, Gen Asim Munir, opens the proceedings.
Gen Munir ” Gentlemen, we are meeting today to discuss the prevailing political situation in our country, particularly when it has taken such an ugly turn. I would request you gentleman to speak freely, and suggest what course of action should the army adopt ”
Lt Gen X ” Sir, may I have permission to speak ”
Gen Munir ” Certainly X, say whatever you have in mind ”.
Lt Gen X ” Sir, I may be pardoned for using strong language, and I want to make it clear that I am not in any way aligned with any political party, but some of the recent utterances of Mr Imran Khan, head of the PTI, about the army are highly objectionable and just not acceptable to anyone with self respect.
I have discussed this matter with many of the participants in this meeting, and also with several other army officers, who are in agreement with me, and have asked me to be their spokesperson here.
Mr Imran Khan has made false, baseless, and malicious statements publicly that Maj Gen Faisal Naseer of the ISI twice tried to get him murdered. He has also alleged that Gen Naseer was involved in the brutal killing of TV anchor Arshad Sharif in Kenya, and has said that Gen Naseer stripped Senator Azam Swati naked, and inflicted severe torture on him.

Sir, we all know Gen Naseer, who has the highest character, and he would never do things like these. We regard allegations against him as allegations against all officers of the Pakistan army. If we do not do anything about this it means we admit being murderers ”
Lt Gen Y ” Mr Imran Khan has also attacked our former chief Gen Bajwa and accused him of hiring former Pakistani ambassador to the US, Hussain Haqqaani, to lobby against him there ”
Lt Gen Z ” Mr Khan has also claimed that then military establishment was in contact with the Pakistan Muslim League-Nawaz chief Nawaz Sharif to topple his government and the plot against him became clear following the removal of Lt Gen (retd.) Faiz Hameed as ISI chief in October 2021. He has alleged that Gen Bajwa was playing a double game, and he discovered later that even PTI’s members were being given different messages ”.
Gen Munir ” Gentlemen, are you suggesting that we bump off Mr Khan ? I personally am not in favour of that ”Lt Gen X ” No sir, all we are suggesting is that Mr Khan be taken care of. Things cannot be allowed to continue like this. We too have our self respect. How long must we hang our heads in shame before the public ? ”
Gen Munir ” O.K. I think we are all agreed on that. Mr Khan’s insults of Pakistan’s army have now crossed their limits. I suggest Lt.Gen X be made in charge of a task force to sort out Mr Khan ”Everyone agrees.
Gen Munir ” X, organise this task force as soon as you can, and take anyone from the army for this. There is already a NAB warrant for arrest of Imran Khan which we had covertly arranged for, but the police seems to be half hearted in executing it. Tell the head of the Rangers to do it within 48 hours. Tell him the army will not tolerate any excuses.
Also, tell the Chief Justice of Pakistan to order all judges not to release Imran Khan until the army permits. Tell him failure to do so will have very serious consequences for both him and any judge who orders Mr Khan”s release.
Anything further gentlemen ? ”
No one replies.
Gen Munir ” Very well gentlemen, this meeting is closed ”
Situation after Imran Khan’s arrest: Pakistan mein PTI officials ki dhadaadhad giraftariyan ho rahi hain. Pak fauj ne talwaar nikaal li hai. Ab maidan-e-jang se bhag jaane mein hi aqlmandi hai. Hindi nazm ‘Haldighati’ ka yeh misra yaad aata hai ”Tha shor maut se bacho bacho, talwaar chali talwaar chali”Work is said to be in progress to declare PTI a terrorist organisation. Having assiduously built up PTI from 1996, this moorkh Imran Khan has practically destroyed it within a few months by taking on the Pak army. To save their own skins, there will soon be a largescale exodus of PTI members from the party
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May 10, 2023
Holding National and Provincial Assemblies elections together in Pakistan

By Justice Katju
In the present crisis in Pakistan, a demand has been raised, mainly by the ruling PDM leaders and its members, that elections to the National and Provincial Assemblies be held together. The Pakistan Senate has also passed a resolution to this effect, and the real motive of all this is to avoid the Pakistan Supreme Court verdict that elections to the Punjab Assembly be held on 14th May.
Is this demand valid ? I submit it is not.

Pakistan’s Interior Minister Rana Sanaullah has said eletions will not be held on 14th May, jitni marzi zor laga len, and there should be simultaneous elections for the National and Provincial Assemblies.

The same view has been exprssed by former Attorney General Irfan Qadir

However, there is no provision in Pakistan’s Constitution that the National and Provincial Assembly elections must be held together.
Apart from that, there is another problem in holding both elections together.
Article 52 of Pakistan’s Constitution states :
” The National Assembly shall, unless sooner dissolved, continue for a term of five years from the day of its first meeting and shall stand dissolved at the expiration of its term ”.

Similarly Article 107 states :
” The Provincial Assembly shall, unless sooner dissolved, continue for a term of five years from the day of its first meeting and shall stand dissolved at the expiration of its term ”.Now suppose a Provincial Assembly, for some reason, is dissolved prematurely, say, one year after its first meeting, but the National Assembly is not dissolved, and has yet to complete another 4 years. Will there be no Provincial Assembly for 4 years ? Or should the National Assembly and other Provincial Assemblies be also dissolved ?
But Article 224(2) of Pakistan’s Constitution states :
” When the National Assembly or a Provincial Assembly is dissolved, a general election to the Assembly shall be held within a period of ninety days after the dissolution, and the results of the election shall be declared not later than fourteen days after the conclusion of the polls ”.
This provision is very clear, and it makes it obvious that both National and Provincial Assembly elections cannot be held together where either the National or the Provincial Assembly was dissolved prematurely.
The Punjab Provincial Assembly was dissolved prematurely on 14th January 2023, and hence in view of Article 224(2) elections to it had to be held by 14th April, and they could not be validly postponed to the time when the National Assembly completes its term in August, and elections are to be held for it in October.
I submit that for meeting the demand for holding elections simultaneously, the Constitution has to be amended, and until that is done, the demand is not tenable.
The truth is that this demand is a specious excuse and pretext by the PDM for opposing the Pakistan Supreme Court verdict of 4th April that elections to the Punjkab Assembly must be held on 14th May. The PDM knows it will be routed in the elections ( as all opinion polls indicate ), so it is determined that elections will not be held on 14th May, come what may ( jitni marzi zor laga len ). The demand for simultaneous elections is really a frivolous excuse for not accepting the Court verdict.
However, every day’s delay in holding the elections is another nail in the coffin of the PDM. The Pakistani people are not fools. They know that Imran Khan is basically honest, while the PDM are a gang of dacoits ( as the Panama Papers and other sources disclose ), and that is why PDM is opposing elections to avoid facing the wrath of the people and being routed at the polls.
However, elections cannot be avoided forever. The more they are delayed the more will public anger against the PDM rise, and therefore the closer is the latter to committing suicide

April 22, 2023
Jisko samjha tha khameera woh bhasaaku nikla By Justice Katju

On 4th April the Pakistan Supreme Court boldly passed an order fixing 14th May as the date for holding elections to the Punjab Assembly,
However, thereafter an application was filled by the Defence Ministry for changing the date, citing security and financial reasons, and praying that elections should be held simultaneously for the National and Provincial Assemblies.
This application, which was heard yesterday, 19th April, should have been dismissed in 5 minutes by the Court, as it was clearly frivolous and specious, but instead it was unnecessarily heard the whole day, during which the Court behaved like a village panchayat, mediation centre, or a jirga ( as in Afghanistan ) and delivered homilies and lectures, advising the political parties to sit together and try to come to an agreement about the date for the elections.
After its boldness shown on 4th April, this pusillanimous behaviour of the Court was deeply disappointing.
The Court should have simply asked the Attorney General whether the PDM Govt will comply with the order of the Court of 4th April and release the funds for the elections, and on receiving no clear cut, or an evasive reply, as it happened,
should have sacked the Govt, relying on the precedent of the dismissal by the Court of former PM Yusuf Raza Gilani for contempt of Court.
Instead, the Court blew hot and cold together, by on the one hand hand saying that it cannot backtrack on its order fixing 14th May for the elections, and at the same time saying that the date can be changed if there is consensus among the political parties.
But how can they say this ? Can the Court say that the Constitution must be followed,but it need not be followed if the parties agree ? That would be ex facie legally untenable and unacceptable.
The case was adjourned for today, 20th April, but it is obvious this is just a waste of time.

The PMLN has announced it will boycott the polls if held on 14th May

Political parties have started arriving in the Court

So another drama will be enacted in Court today.
It seems the wind has gone out of the sails of the judges on the bench, who have lost their nerve, and now they are trying to wriggle out somehow from their earlier bold and correct stand.
There is a proverb :” Jisko samjha tha khameera woh bhasaaku nikla ”
I regret to say this, but this aptly describes the judges on the bench hearing the case.

April 20, 2023
Keeping one day roza during Ramadan by Justice Katju

Though I am a Hindu, for the last 25-30 years I have kept one day roza ( fast ) during the Muslim Holy month of Ramadan ( called Ramzan in India where I live ), usually on the last Friday, called Alvida.
I also appeal every year to all non Muslims to do the same to express respect and solidarity with our Muslim brothers and sisters.
This does not mean that non Muslims must change their religion and become Muslims. It is just a symbolic act, to show our respect and solidarity with our Muslim brethren, who are often vilified.
I am a humble disciple of the great French political philosopher Jean-Jacques Rousseau ( 1712-78 ) who believed in the inherent goodness of people. I too think that 99% members of all religions, whether Hindu, Muslim, Christian, Sikh, Jew, Buddhist or any other, and of all races and communities, are good by nature. They are, however, vilified by the bigoted acts of the remaining 1%.
We have to end the false propaganda that all Muslims are terrorists. People in the Indian subcontinent and elsewhere are tired of communalism and religious bigotry, and are realising the great harm it does. To counter this poison, we have to administer antidotes. Non-Muslims observing roza for one day during Ramzan and non-Hindus observing vrat for one day during Navratri could be one such antidote.
This year too I will observe one day roza tomorrow, 21st April 2023, which is the last Friday of Ramzan, and I appeal to non Muslims everywhere to do the same.
I enquired from my Muslim friends in Delhi who told me that the time of sehri, the time for beginning the fast in Delhi is 4.20 a.m. ( different regions have different timings ), after which one must not eat or drink anything till the time of iftaar, which is 6.50 p.m. here, when one may break the fast.
So I have told my wife to boil 2 eggs and keep them along with some bread and fruits and milk in the refrigerator at night today. I will get up early morning tomorrow, 21st April, at 4 a.m.and consume these with lots of water before 4.20 a.m, and then begin my fast, which will last till the time of iftaar.
When I was in California a few years back I kept one day roza during Ramzan, after which I had iftaar and dinner at the residence of my friend Shaista Ali who lives in California. Here is a pic of the iftaar. Standing next to me is my friend Santosh Addagulla.

Author Justice Markandey Katju is former Chairman , Press Council of India and former Judge , Supreme Court of India.

April 20, 2023
Former Supreme Court Judge Justice Markandey Katju Observes Fast on Last Friday Of Every Ramazan

Since the last 25-30 years I have observed 1 day roza in the Holy month of Ramzan ( usually on the last Friday, called Alvida ), out of respect and to show solidarity with my Muslim brothers and sisters, and each year I appeal to non Muslims all over the world to do the same.
This year the last Friday in India is on 21st April. The sehri time in Delhi ( different localities have different times ), as I was informed by some Muslim friends here, is 4.20 a.m. so I have to remain without food or water after that till the time of iftaar, which is at 6.40 p.m.
I appeal to all non Muslims all over the world to do the same.
This does not mean you have to give up your religion. It is just a symbolic act, to show our solidarity with our Muslim brothers and sisters.
When I was in California I observed 1 day roza during Ramzan. Here is a pic of the iftaar at the residence of my friend Shaista Ali. She is with me in this pic. On my other side is my friend Santosh Addagulla.

April 18, 2023
What is going on in the Pakistan Supreme Court ?

I was a lawyer for 20 years in India and a Judge for another 20 years ( including being the Chief Justice of 3 High Courts and a Judge in the Indian Supreme Court ), but I can’t make head or tail of what is going on in the Pakistan Supreme Court.
The hearing of the petition against postponement of elections of the Punjab and KP Assemblies is going on for the last 4 days, and twice the bench hearing the case has been dissolved. The CJP Bandial has said there are no differences among the judges, a statement belied by the orders of his own colleagues, two of whom recused from the hearing..
I simply can’t understand what is there for the Pakistan Supreme Court to decide ? The Pakistan Constitution says elections must be held within 90 days of dissolution of the Assembly. The Punjab and KP Assemblies had been dissolved on 18th January. Hence elections had to be held by 18th April, and so even the postponement of the elections to 30th April by the Election Commission of Pakistan was unconstitutional. How could they be further postponed to 8th October ? Is the ECP above the Pakistan Constitution ?
I regret to say that the Pakistan Constitution is treated as a joke by the powers that be in Pakistan. For instance, whenever martial law was illegally imposed in Pakistan the Pakistan Supreme Court validated it by inventing an egregious, flagitious and disreputable ‘doctrine of necessity’, which is unknown to jurisprudence throughout the world.
The performance of the present bench of the Court is equally debasing and scandalous. The Court should have dismissed the petition, as I would have done had I been on it, in 5 minutes by saying that elections must be held within 90 days of the dissolution of the Punjab and KP Assemblies. There was no scope for arguments about it. But instead a melodrama and comedy has been going on in the Court for the last 4 days, with lawyers, particularly those supporting the postponement of the elections, being permitted long winded arguments over a matter which really needed no arguments.
I would often tell lawyers in my Court ” Be brief, be quick, and be off ”. The same should have been said by the Judges hearing the case.
It seems evident that some elements in Pakistan are determined that no early elections be held in Punjab and KP, but what is particularly distressing is that the highest court in the land is, wittingly or unwittingly, collaborating in this egregious and deplorable design.
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Author : Justice Markandey Katju is former Chairman , Press Council of India and former Judge , Supreme Court of India.

April 2, 2023
The notice to Neha Rathore under 160 Cr.P.C. is clearly illegal – Justice Markandey Katju

The notice to Neha Rathore under 160 Cr.P.C. is clearly illegal, as explained below.
Section 160 states :
” Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required:
Provided that no male person under the age of fifteen years or above the age of sixty-five years or a woman or a mentally or physically disabled person shall be required to attend at any place other than the place in which such male person or woman resides ”.
Neha Rathore was in Delhi when the notice was sought to be served on her by the police of police station, Akbarpur, district Kanpur Dehat.
But a plain reading of section 160 shows that the police of police station Akbarpur, Kanpur dehat could only have served a notice under section 160 on a person within the territorial limits of police station Akbarpur, Kanpur Dehat, or an adjoining police station. How can they serve it on a person in Delhi ?
Moreover, the proviso to section 160 has also been violated since Neha is a woman.
Author Justice Markandey Katju is former Chairman , Press Council of India and former Judge , Supreme Court of India.
Disclaimer : “The views and opinions expressed here are those of the authors and do not necessarily reflect the official policy or position of the TheNewsCaravan.

February 27, 2023