The said plea was mentioned before Chief Justice of India DY Chandrachud by Senior Advocate Kapil Sibal. Seeking urgent hearing of the matter, Sibal had mentioned the same when the Constitution Bench hearing the Article 370 case was about to break for lunch.

Advocate Sibal had submitted the following–

“There is a very serious thing that has happened in Gurugram, where there is a call along with policemen, to say that if you employ these people in shops, you will all be ‘gaddars’…We have filed an urgency petition. Lordship may look at lunch time,” as reported by LiveLaw.

It is essential to note that prior to the current plea, on August 2, another application had been moved to the Supreme Court in the Shaheen Abdullah case against the Vishwa Hindu Parishad-Bajrang Dal rallies being organised in Delhi-NCR. The plea had highlighted that there was strong apprehension that hate speech and violence might take place at the same rallied. It had been further provided that the rallies organised by the same organisations before in Bhiwani and Najafgarh, Haryana had contained provocative, violent and anti-Muslim statements.

Notably, the Supreme Court had passed an order in the aforementioned application directing the police authorities in Delhi, UP and Haryana to ensure that no hate speech or violence take place in the rallies organised by Vishwa Hindu Parishad and Bajrang Dal in the wake of Nuh communal clashes.

What did the plea entail?

Advocate Sibal in the current plea provided that despite the Supreme Court’s order, more than 27 rallies had been organised across various States where blatant hate speeches calling for the killing and social & economic boycott of Muslims were delivered openly.

To illustrate, the application also referred to a video that surfaced on social media on August 2, which allegedly showed a procession by the Samhast Hindu Samaj through a neighbourhood in Hisar, Haryana issuing warnings to residents/shopkeepers that if they continue to employ/keep any Muslims after 2 days, then their shops will be boycotted. The applicant further informed that the threat calls against the minority community was made in the presence of police officers.

As reported by LiveLaw, the application also alleged that open calls for violence and boycott of Muslims were given by VHP leader Kapil Swami in the presence of Police Officials in Sagar, Madhya Pradesh on August 4. The application also referred to a speech made by a Bajrang Dal leader in Fazilka in Punjab on August 6 where the murders of Nasir and Junaid, who were brutally beaten and burnt alive in February, 2023, were justified.

“It is submitted that such rallies that demonize communities and openly call for violence and killing of people are not limited in terms of their impact to just those areas that are presently dealing with communal tensions but will inevitably lead to communal disharmony and violence of an unfathomable scale across the country,” stated the application, as reported by LiveLaw.

The plea also sought action against police officers who participated in the said rallies and meetings for failure to prevent hate speeches. The applicant further seeks directions to the concerned State police to explain the action taken by them against hate speeches.

Videos, posters calling for boycott of Muslims going viral

1. Location: Chamba, Tehri Garhwal, Uttarakhand 

At a rally organised by the Bajrang Dal, the crowd could be heard raising slogans threatening Muslims to leave Chamba. Far-right leaders also gave speeches threatening Muslims to leave the town and asking locals to not rent them homes & shops. Muslims were repeatedly referred to as “Love jihadi” by the speakers. The video surfaced on August 7, 2023. 

The video can be viewed here:

Location: Chamba, Tehri Garhwal, Uttarakhand

At the Bajrang Dal rally, far-right leaders threatened Muslims to leave the town & asked locals not to rent them homes & shops.

The rally was organized to protest an alleged case of “love jihad.” pic.twitter.com/TwQsJdN22j

— HindutvaWatch (@HindutvaWatchIn) August 7, 2023

2. Location: Tighri, Haryana

At a Mahapanchayat organised in Tighri in support of those who were arrested for killing a deputy Imam at a Mosque in Gurugram, anti-Muslim and violent hate speeches were made. One of the speakers at the said event made open calls for boycott of Muslims and stated:

“Check aadhar cards of everyone. Don’t give your houses or lands to Muslims. Muslims from outside come here and earn and then fire at us.” 

The video surfaced on August 8, 2023. The video can be viewed here:

“Check aadhar cards of everyone. Don’t give your houses or lands to Muslims. Muslims from outside come here and earn and then fire at us.”

Open call for boycott of #Muslims at #Mahapanchayat in #Tighri in support of those arrested for killing Imam in #Gurugram Sector 57. pic.twitter.com/9w2QPLNJHQ

— Hate Detector (@HateDetectors) August 8, 2023

3. Location: Haryana

Open call for boycott of Muslims were made in an unknown district of Haryana. The speaker donning saffron can be heard saying “We are giving two days ultimatum to all the shops to fire their Muslim employees or we will boycott them.”

The video also shows genocidal and violent slogans being raised as well. The speaker can be heard saying “Jab Mulle kaate jayenge, Ram naam chillaenge”. The video also shows a number of police officials being present in the rally. 

The video surfaced on August 9, 2023. The video can be viewed here:

“We are giving two days ultimatum to all the shops to fire their Muslim employees or we will boycott them.”

Open call for boycott of Muslims in Haryana. “Mulle Kaate Jayenge” slogan raised.
All in POLICE PRESENCE. Anti-muslim hate is normalised everyday.pic.twitter.com/RLq837Ay3Q

— Kaushik Raj (@kaushikrj6) August 8, 2023

4. Location: Ashoknagar, Madhya Pradesh

Members of Dhora Gram Panchayat of Dhaturia village of Madhya Pradesh issued a resolution banning Muslims and Christian traders from entry to their village. They further provided that if any trader wants to enter their village, they need to show their aadhar card to prove their identity. 

The post surfaced on August 9, 2023. The post can be viewed here:

This is from #Ashoknagar, #MadhyaPradesh.

Entry of #Muslim and #Christian traders has been banned by villagers. pic.twitter.com/zqmKiougJ8

— Hate Detector (@HateDetectors) August 9, 2023

5. Location: Ghaziabad, Uttar Pradesh

Posters containing economic boycott of Muslims by Samast Hindu Samaj surfaced in Ghaziabad. The posters read “Buy goods from your brothers (Bhai) not bhaijaan (Muslim brother)”.

The post surfaced on August 8, 2023. The post can be viewed here:

This is from #Gaziabad, #UttarPradesh.

Economic Boycott calls by Samast Hindu Samaj Posters in Gaziabad reads “Buy goods from brother(Bhai) not bhaijaan(Muslim brother)”. pic.twitter.com/bsw0obDYml

— Hate Detector (@HateDetectors) August 8, 2023

Related:

Plea against VHP rallies in Delhi-NCR on Aug 2 had stated “rallies likely to fan communal fires, incite people”

Supreme Court: Authorities must ensure that no violence or hate speeches takes place during VHP rally in Delhi-NCR

‘Ethnic cleansing by State?’ HC stops Haryana’s Nuh & Gurugram demolitions

Bail not Jail for Bajrang Dal man, Bittu who posted a provocative video on day of Nuh clash

Lives lost in Nuh violence, a failure on the part of the Haryana police and government?

The post Growing calls for social and economic boycott of Muslims surfacing on social media, plea in the Supreme Court appeared first on SabrangIndia.

The whole concept and idea of ‘unity in diversity’ can only be upheld when the people of our nation are accommodative of one another, by simultaneously applying principles which seem to be in conflict, said Chief Justice D.Y. Chandrachud on Constitution Day. Referring to the principle of accommodation propounded by Granville Austin, an authority on the Indian Constitution, Justice Chandrachud explained, “Accommodation is different from compromise in that the latter involves concessions. The Constitution does not force its citizens to choose between their rights and their culture, but includes the cultural, social, and religious aspects, in its journey to the goal of a democratic society.” On an optimistic note, he added, “The strength of our Constitution comes from its ability to account for the rich tapestry of human experiences in India, be it culturally, socially, religiously or otherwise, and still chart out a vision for a progressive future. Like the Constitution, Indian society has displayed a remarkable ability to be accommodative of various concerns which seem to be in conflict. We must continue to do that.”

Chief Justice Chandrachud was speaking at the Constitution Day celebrations organised by the Supreme Court of India. During his address, he spoke about how the Indian Constitution, despite being inspired by and borrowing heavily from constitutional documents and charters from across the world, was “uniquely Indian”.

“The framers of our Constitution carefully considered the suitability of various provisions before modifying and incorporating them such that they suited the Indian context and the Indian polity,” he said. Such a characteristic feature could also be found in the manner of its “practical functioning”, Justice Chandrachud remarked. He recalled his days in Uttar Pradesh as head of the state’s judiciary, “When I was the Chief Justice of the Allahabad High Court, the only remnant of the colonial past I found in oral arguments was when the lawyer opened the brief by saying “My Lord”. What followed was a truly Indian style of advocacy – largely in Hindi, interspersed with a little English and a few Latin phrases.”

The Chief Justice also highlighted how the Constitution of India was “doubly unique” for being one of the few post-colonial constitutions to be written entirely by the people of the nation and to endure for around seven decades after its creation. He added, “It has not only endured, but it has thrived and flourished. It has survived the stresses of some difficult times. The continuing success of the Constitution is a testament to the people’s choice of the rule of law over brute force to achieve a social revolution.”

Deliberating on the issues of constitutionalism and constitutional culture, the Chief Justice said, “India has undoubtedly developed a robust constitutional culture, but this does not mean there is nothing left to be achieved.” He stressed, “Much like the law, which is practised from day to day, constitutional values also have to practised every moment. The practice of constitutional values is a continuous process that evolves as society evolves.” The people of India, in their interaction with one another, must “breathe life into the Constitution” by practising the democratic ideals of equality, liberty, and fraternity. At the same time, it was incumbent upon the legislature and the executive to enable the practice of liberty, equality and fraternity, and the courts to sustain this practice by foregrounding these values in their judicial decisions, Justice Chandrachud explained.

India’s 50th Chief Justice, with a two year old tenure before him also gave a broad overview of the various initiatives and plans that are being implemented by the Supreme Court, in their attempt to “apply the constitutional ideals of liberty, equality, and fraternity”. The Chief Justice noted, “We are currently extending the establishment of vulnerable witness deposition centres to courts across jurisdictions and enabling paperless courts. We have recently inaugurated an online Right to Information portal to streamline the process of transparency. E-seva kendras are being set up in every district, so that every citizen may deploy technology to ease their journey through the legal system. The National Judicial Data Grid is a giant step towards making the legal profession more accessible. Soon, the Supreme Court will also conduct an audit of its own premises to review and ensure its accessibility to persons with disabilities.” He also said, “When I stand before you, exactly one year from now, I hope that I can list out a new set of ventures that makes justice more accessible to the common citizen.” To that end, the Chief Justice promised to work closely with Chief Justices of High Courts, who brought “years of experience in social life, legal life, and as administrators” on a footing of “equality, mutual trust and confidence”. He said, “The course of today’s discussion on judicial infrastructure, reforms, and court and case management will prove useful in this mission. I hope we can continue this dialogue in the future.”

Related:

What CJI Chandrachud’s two-year tenure looks like
Lower court judges hesitant to give bail: Chief Justice of India DY Chandrachud
Six Members in the Supreme Court Collegium until May 13, 2023
Young, junior lawyers are not slaves, renumerate them decently; legal profession should not be an “Old Boys’ Club”: CJI DY Chandrachud

The post “Only accommodation of differences can promote Unity in Diversity”: Chief Justice DY Chandrachud on Constitution Day appeared first on SabrangIndia.

At the International Judicial Conference organized by the Supreme Court, Justice DY Chandrachud on Sunday said that privacy in the digital age is facing a crucial challenge from hackers, private firms and the government, PTI reported.

Challenges to privacy in the digital age and the era of artificial intelligence

Speaking during a panel discussion on the “Role of Judiciary in Protecting Privacy of Citizens in the Internet Age”, Justice Chandrachud said, “The challenges to privacy are presented by three key actors—(i) hackers; (ii) private companies; and (iii) the government. This presents a range of concerns: First, there is a possibility of serious data breach and the misuse of personal information. Second, vast silos of data may be used to profile people and to discriminate against vulnerable groups. Third, there is a chilling effect on free speech and disclosure of information.”

In line to become the Chief Justice in 2022, Justice Chandrachud said that judges need to see how to apply the standard of proportionality, created in the pre-digital age, in the backdrop of complexities of the digital age.

Emphasizing the importance of the judiciary in the matter he said it was the responsibility to balance the right to privacy with other rights, and then supplement existing legislative frameworks especially in an age where technology governs many aspects of people’s lives and privacy is an illusion. He said, “The digital world has been ushered in at a pace which the incremental change of judicial decisions can scarcely match. Our Constitution protects the right to personal freedom, human dignity and liberty.”

In today’s world, every individual identity is viewed in terabytes of information and every individual is viewed as a collection of data represented by activities on the Internet like shopping preferences, social media patterns, geographic location and personal biometric information, he posed.

“This defines two new horizons: The first is data aggregation, which, like ‘death by a thousand cuts’, is the collection of unconnected data to map the identity of the individual. This has the potential to seriously threaten the rights of individuals to keep their personal and sensitive information private and to control how their information is used.”

He also spoke about the second horizon – artificial intelligence which comprehends machine learning analysis of political beliefs, religious affiliation, race, ethnicity, health, status, gender and sexual orientation, he said, “Our individual data is aggregated and disaggregated to sort, score, classify, evaluate and rank people. How comfortable are with artificial intelligence telling us whether an offender who seeks bail is likely to be a repeat offender?”

Praises for the President

Speaking about President Ram Nath Kovind who was also present at the conference he said, “Presence of President of India in our midst today is of special significance. Before assuming the highest constitutional office the President was a senior member of the Supreme Court Bar until the call of the nation carved out a course for the future. Role of a judge requires legal and constitutional statesmanship. The President’s vast experience in matters of law and state imparts to his presence a unique significance for us.”

Crowded courts a vibrant space for dialogue

Speaking about the significance of the conference organized by the Supreme Court and that in jurisdictions across the world, judges are drawn from the Bar or upon a career progression, he said, “Lawyering gives to the individual a steady stream of new information on which new thoughts and ideas can evolve. Crowded court house corridors are a vibrant space for dialogue and social contacts. In contrast, judges lead a staid and some would say an isolated life. The lively bustle of court corridors is replaced almost overnight by the calm and quiet of judicial chambers. Hence experiences such as those gained by such conferences rekindle the joy of being surrounded by ideas, opinion and open the windows of our chambers and our mind to jurisdictions across the world.”

Related:

Police blocking roads, Shaheen Bagh protesters getting blamed
Assam NRC: Allegations of inclusion of ‘ineligible’ people in list
Is MHA distancing itself from Assam Clause 6 committee report?

The post Privacy at threat from private companies, govt.: Justice DY Chandrachud appeared first on SabrangIndia.