Tag: Markandey Katju

All caste based reservations for govt jobs or admissions in educational institutions should be abolished By Justice Katju

Recently the US Supreme Court has struck down reservations for blacks and other races in USA as they violate the equality provision in the US Constitution.

https://thewire.in/world/us-supreme-court-strikes-down-race-based-affirmative-action-in-college-admissions

I submit that the time has come when the Indian Supreme Court, too, must declare all caste based reservations in India as unconstitutional, being violative of the right to equality.

While ostensibly for uplifting the historically suppressed backward castes, the truth is that reservations have become just a political tool for getting votes, and in fact such reservations greatly harm the SCs and OBCs.

This is because there are so few govt jobs that hardly 0.01% SCs and OBCs can get jobs through reservations ( these too usually go to the ‘creamy layer’ ), but an impression is falsely created that all SCs and OBCs will be benefited thereby. This is a motivation to SCs and OBCs to not work hard, because they think a job is guaranteed to them even if they score poor marks.

How long will SCs and OBCs walk on the crutches ( baisakhi ) of reservations ? They should throw away these crutches, and say that we dont need reservations. We will work hard, compete on merit, and show that we are not intellectually inferior to the upper castes.

However, while caste based reservations should be abolished, special facilities should be given to poor boys and girls of all castes ( even upper castes ) and communities, so as to provide them with a level playing field.

For example, many poor boys and girls may not be able to buy the school text books ( which boys and girls of rich families may be able to afford ). Hence the govt should give these to such poor students free of cost Other facilities should also be given to poor students, to ensure for them a level playing field with rich students.

But there should be no caste or communal reservations, which have only become a vote catching device.

June 30, 2023
The need for reviving and revamping Kalidas Ghalib Foundation By Justice Katju
I have created 3 organisations ( with the help of other likeminded secular persons ) viz (1) Indian Reunification Association (IRA ), (2) Ibaadatkhana, and (3) Kalidas Ghalib Foundation (KGF ), all of which I am the patron ( email justicekatju@gmail.com ).
Behind creating these organisations was a single idea–I want my country India to emerge as a modern, highly industrialised giant, for only then can we get rid of the curse of massive poverty, unemployment, child malnutrition, lack of proper healthcare and good education for our masses, etc which has afflicted us for centuries.
We have 2 of the 3 requirements for building a massive industry in India and become a super power like USA or China viz (1) a huge pool of technical talent in the form of thousands of bright engineers and scientists ( Indian IT engineers are largely manning Silicon Valley in California, and there are many NRI Professors in Mathematics, Science and Engineering Departments in American Universities ), (2) immense natural resources. However, we lack the 3rd, viz unity among our people, and without such unity we can never attain our national goal..
All the abovementioned 3 organisations were therefore created to help forge such unity. While the first two have become strong and are progressing fast with numerous units and members worldwide, the third is lying dormant, but desparatedly needing to be revitalised and reactivated. Let me explain.
1. IRA
  IRA aims at political unity of India, Pakistan and Bangladesh, since we believe they are really one nation, which were separated by a British swindle in 1947 on the basis of the bogus 2 nation theory ( that Hindus and Muslims are two separate nations ). We share a common culture, many of us speak the same language Hindustani ( culture largely revolves around language ), and we were one since Mughal times. Many of us were befooled by the Britishers and their local agents into thinking that Hindus and Muslims are inherently each other’s enemies, but how much longer must we remain befooled ? How much longer must we waste our scarce and precious resources in hostility with each other ? Is 76 years since 1947 not enough ? We must reunite under a secular government led by modern minded patriotic leaders determined to rapidly modernise and industrialise the country, and give our people decent lives.
  https://indicanews.com/2023/01/24/indo-pak-reunification/
  https://indicanews.com/2023/03/09/justice-markandey-katju-indian-reunification-is-an-idea-whose-time-has-come/
  https://indicanews.com/2023/06/13/justice-markandey-katju-on-dr-pervez-hoodbhoys-superficial-understanding/
  https://indicanews.com/2023/05/14/justice-markandey-katju-a-response-to-dr-akbar-ahmed/
  https://indicanews.com/2023/05/07/justice-markandey-katju-india-the-sleeping-giant-will-awake/
  The Chairman of IRA is Indervansh Chadha who is based in Jalandhar, Punjab ( email harindrealtors@gmail.com ), Senior Vice Chairperson is Husnara Salim based in Kolkata ( email husnarasalim@gmail.com ), Vice Chairman is Dr Arshi Malik, based in Aligarh ( email arshimalik @gmail.com ) and National General Secretary is Irfan Pullani, a Keralite presently in Costa Rica ( email pullaniirfan@gmail.com ). We have also state units in many states.
2. Ibaadatkhana
  Ibaadatkha aims at social unity in India, by promoting communal amity, following the policy of suleh-e-kul of the great Mughal Emperor Akbar, who is the real Father of the Indian Nation.
  http://justicekatju.blogspot.com/2015/06/emperor-akbar-real-father-of-indian_10.html
  Ibaadatkhana is named after the building in Fatehpur Sikri bullt by the great Mughal Emperor Akbar where scholars of different religions would meet amicably, and point out the good points in their religion ( such a structure is unique in the world ).
  https://en.wikipedia.org/wiki/Ibadat_Khana
  Unlike IRA, Ibaadatkhana does not talk of reunification of the 3 countries. This is to make it easier for Pakistanis and Bangladeshis to join our movement, without joining IRA
  Section 123A of Pakistan Penal Code makes it a criminal offence to speak against Partition, with a jail sentence of upto 10 years, and there is a similar provision in Bangladesh. So citizens of these countries would be scared of joining IRA ( though a Border Peace Forum has ben created to meet with this anxiety and fear ).
  Ibaadatkhana explains to the people of the Indian subcontinent the causes of our tremendous diversity–so many religions, castes, languages, ethnic groups etc.and points out that the correct policy for India is to give equal respect to all religions and communities.
  https://indicanews.com/2020/12/14/the-historical-importance-of-the-ibaadatkhana-movement/
  https://indicanews.com/2020/12/17/ibaadatkhana-foster-a-peaceful-just-and-inclusive-society/
  https://indicanews.com/2019/12/09/ibaadatkhana-function-and-unity-dinner/
  Ibaadatkhana has held many global webinars to promote its ideals, which can be seen on Youtube.
  The Chairman of Ibaadatkhana is Tasawar Jalali who is based in San Jose, California ( email tjalali17@gmail.com ), Vice Chairman is Irfan Ali based in Princeton, New Jersey ( email irfan79@gmail.com ), and General Secretary is Narendra Singh based in California ( email narensingh@gmail.com )
3. Kalidas Ghalib Foundation
  This organisation aims at promoting cultural unity, particularly in the fields of art and literature ( Including films and the media ).
  The organisation was very active once, but has been inactive for many years. It needs to be revived, made strong,and put on a stable basis,as has been done with IRA and Ibaadatkhana.
  This is because Indians have to wage a historical, protracted, arduous people’s struggle, calling for many sacrifices by patriots, before they can succeed in setting up a political and social order under which rhere is rapid industrialsaion and modernisation. Art and literature can inspire the people in their struggle, e.g. the booklets and articles of Voltaire and Rousseau, the great French thinkers, which inspired the great French Revolution of 1789, Thomas Paine’s booklet ‘Commonsense’ which inspired the patriots in the American War of Independernce, the song ‘La Marseillaise’ during the French Revolution, the works of Maxim Gorki ( e.g. his novel ‘Mother’ and his poem ‘Song of the Stormy Petrel’ ) which inspired the1917 Revolution in Russia, or Ram Prasad Bismil’s revolutionary poem ‘Sarfaroshi ki tamanna ab hamaare dil mein hai’, or much of Urdu poetry, like the poetry of Faiz anf Josh.
  https://indicanews.com/2021/03/21/the-role-of-literature-in-the-transitional-era/
  https://indicanews.com/2021/02/14/the-song-of-the-stormy-petrel-justice-markandey-katju/
  https://indicanews.com/2022/12/18/the-role-of-films-in-india/
  https://indicanews.com/2020/12/25/the-role-of-the-media/
  I disussed the matter about inactivity of KGF for a long time with some senior members of the organisation. I said there was ugent need to revive and reactivate it, as we have to combat the virus of religious and caste polarisation being spread all over the country by vested political interests.
  I said that most of the senior members are in their seventies ( me including ), and therefore are not being able to properly run the organisatuion as it should be. To my mind we must therefore have a team of younger people, who have more energy, to do the actual running of the organisation, while we elder and senior people will only give guidance from time to time, and keep an overall watch on the activities. My proposal has been accepted.
  I therefore appeal through this post to all secular, patriotic Indians below 50 years of age who wish to be members of this proposed team to run KGF, send an email to me or others whose email id is given in this post ( with copy to me ). The applicant must give details to show his interest in cultural activities. It is made clear that there will be no payment to a team member for his work, and the work is purely voluntary. It is also made clear not all who apply will be selected.
June 28, 2023
Katju, thonkte raho by Justice Katju

Today morning I saw this message sent by someone on my fb messenger :
” Hello sir, I am a lawyer practising in Allahabad High Court.
Today an elderly advocate reminded me about your past time when you were a sitting judge of Allahabad High Court.
I was waiting to argue a matter of demolition when a very old advocate sitting beside me said ” Ye aaj ke judges kya demolition rokenge ? Woh Justice Katju tha jo aise officers ki hekdi nikaal deta tha. Mai usi waqt ka waqeel hun jab Katju jaise judge ek bhi dukaan ya makaan nahi girne dete the..
You are still the gem in many hearts ‘
This message reminded me of what happened about 25 years ago, and perhaps what that elderly lawyer was referring to. I was then a junior judge of the Allahabad High Court, having been appointed in 1991.
In UP, state assembly elections were held in 1993 and a coalition SP-BSP govt came into power, under Chief Ministership of Ms Mayawati. The SP and BSP claim to represent the lower castes, and hence to achieve their goal of ‘social justice ‘ for the lower castes, the ruling politicians in the state devised a unique modus operandi for grabbing the houses of the upper castes.
This modus operandi was to get a surreptitious allotment order passed by the Rent Control and Eviction Officer ( who, being a govt officer, would willingly comply with orders of the ruling politicians ), behind the back of the owner/tenant/occupant ( i.e. without serving any notice on him ) and thereafter quickly grabbing the house along with a mob of hooligans and anti-social elements ( which every political party has ).
I was then sitting in the jurisdiction where dozens of writ petitions were filed challenging such illegal house grabbings. I quickly realised that if this was permitted to continue there would be complete collapse of law and order in the state, and jungle raj.
I summoned the Home Secretary and the Director General of Police of UP, ordering them to personally appear in my Court. When they appeared in the jam packed court, I told them it was the duty of the bureaucrats and police officers to maintain law and order, but it was regrettable that they were not justifying their salt by behaving in a cowardly manner before the politicians.
I told them that our ancient thinkers were of the view that the worst state of affairs possible in society is a state of lawlessness. When the rule of law collapses it is replaced by matsya nyaya, which means the law of the jungle.
In Sanskrit the word ‘matsya’ means fish, and matsya nyaya means the state of affairs when the big fish devours the smaller one. All our ancient thinkers have condemned matsya nyaya ( see ‘History of the Dharmashastras’ by P.V. Kane, Volume 3 page 21).
This idea of matsyanyaya ( the maxim of the larger fish devouring the smaller ones or the strong despoiling the weak) was frequently dwelt upon by Kautilya, the Mahabharata, and other works. It can be traced back to the Shatapath Brahman (Chapter 11,1.6.24) where it is said “Whenever there is drought then the stronger seizes upon the weaker, for the waters are the law”, which probably means that when there is no rain, the reign of law comes to an end, and matsyanyaya begins to operate.

Kautilya says “If danda be not employed, it gives rise to the condition of matsyanyaya, for in the absence of a chastiser the strong devour the weak”. That in the absence of a king (arajaka) or when there is no fear of punishment the condition of matsyanyaya follows has been declared by several works e.g. Ramayana,( Chapter 67), Shantiparva of Mahabharata, (15.30 and 67.16), Kamandaka (@.40), Matsyapurana (225.9), Manasollasa ( 2.20.1295), etc.
Thus in the Shantiparva of Mahabharata it is stated:
“Raja chenna bhavelloke prithivyaam dandadharaka
Shule Matsyanivapakshyun durbalaat balvattarah”
which means : “When the king carrying the rod of punishment does not protect the earth, then the strong persons destroy the weaker ones, just like in water the big fish eat the smaller ones”.
In the Shantiparva of Mahabharata Bheeshma Pitamah tells Yudhishthir that there is nothing worse in the world than lawlessness, for in a state of matsyanyaya nobody, not even the evil doers, are safe, for even the evil doers will sooner or later be swallowed up by bigger evil doers.I then pronounced judgment in all these house grabbing cases ( there were dozens of them ) restoring possession to the valid occupant, and ordering the police to throw out the illegal house grabbers within 24 hours. I did this because behind the sinister phenomenon of house grabbing in the state I could see the looming danger of matsya nyaya ( see my judgment in Smt Chetan Atma Govil vs Rent Control & Eviction Officer, Saharanpur Writ Petition 9973 of 1995 decided on 9.5.1995 ).
Thus, in Ram Kumar Agarwal vs Rent Control & Eviction Officer, Bareilly, Writ Petition 41457 of 1994 decided on 28.4.19945 I said ” This Court cannot tolerate this state of affairs, otherwise no decent and law abiding citizen will be safe in his house. A mob of hooligans may storm into the house with a surreptitious allotment order, beat up the occupants, throw them out along with their belongings, and hoist a flag of the party there, as is being done these days ”.
Appeals were filed before the Supreme Court against my judgments in these house grabbing cases, and they were all dismissed by a bench presided over by Justice Kuldip Singh.
Some time after I had delivered these judgments I met Justice Kuldip Singh in a function in Delhi which we were both attending. He said to me ” Katju, thonkte raho, thonkte raho ”

June 10, 2023
My contact with Pakistanis

By Justice Katju
Although I am an Indian,. I have lots of Pakistani friends and acquaintances, with whom I used to regularly chat on skype and whatsapp.
Of late, however, these contacts have dried up or snapped, and this seems to be due to recent developments in Pakistan where the military and police have unleashed a reign of terror after the events of 9th May. Thousands of people have been arrested, beaten, ‘disappeared’ or even killed, the media has been largely silenced, military tribunals set up which will dispense kangaroo justice, and fear haunts the land.
In this situation, my Pakistani contacts, who told me that whatsapp and skype are being closely monitored by intelligence agencies, seem to be scared that if they talk with me or message me they may be arrested on the charge of communicating with an Indian RAW agent ( after all, every Indian is a RAW agent ! ). So now they don’t take my whatsapp calls or respond to my messages. One female Pakistani journalist, with whom I used to chat daily, has even removed her number and name from my whatsapp contact list.
In my articles and tweets I have been harshly criticising Pakistan army chief Gen Munir and the Corps Commanders, who have imposed fascist rule and a kind of martial law In Pakistan.
I have also strongly supported Imran Khan, who has now become persona non grata with the Pakistan Establishment.
I could do so sitting safely in India, but if I had done so in Pakistan I would have been ‘disappeared’ a long time back. Naturally Pakistanis who communicate with a person critical of that holy institution, the Pakistan army, are themselves suspect, and are in danger of being arrested or ‘disappeared’.
I can understand all this. Maybe I would have done the same had I been in their place. I remember the lines in Hindi poet Shyam Narain Pandey’s famous poem ‘Haldighati’ :
” Tha shor maut se bacho bacho

Talwaar chali, talwaar chali ”.
But I have also advised all Pakistanis to silently knit the names of their oppressors, like Madame Defarge in Dickens’ novel ‘A Tale of Two Cities’

June 3, 2023
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
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
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