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The journey of Supreme Court and India’s fundamental rights has been a constant struggle: SG Tushar Mehta

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The journey of Supreme Court and India’s fundamental rights has been a constant struggle: SG Tushar Mehta

Sonipat, March 28 (IANS) “The journey of fundamental rights has been a constant struggle, a constant fight, a constant conflict between the majoritarian government and the Supreme Court of India,” said Tushar Mehta, the Solicitor General of India (SG).

Mehta was delivering Justice P.N. Bhagwati Memorial Lecture on the theme, ‘The Journey of the Supreme Court of India on the Fundamental Rights’ at Jindal Global Law School, O.P. Jindal Global University (JGU).

Mehta reminded that, “It is important to note that the Government of India Act of 1935 was the foundational framework for the Constitution of India and we as a nation are fortunate that our visionary founding fathers and mothers drafted one of the most beautiful constitutions in the world. The Government of India Act 1935 had no chapter on fundamental rights! Today, fundamental rights have been deeply inlaid in the Constitution that no state shall make laws which take away or breach the rights conferred under Fundamental Rights”.

However, SG Mehta observed, “There have been instances when majoritarian governments have aimed to make amendments to the fundamental rights. But today they stand inviolable, thanks to the basic structure doctrine”.

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Mehta narrated the evolutionary tale of the fundamental rights from the Shankari Prasad to K.S. Puttaswamy judgments through many in-court and out-court anecdotes. He also emphasised the role of Justice Bhagwati in this scheme of things, “It was with Justice Bhagwati and the Minerva Mills judgment that the law on fundamental rights became fairly settled”.

Welcoming SG Tushar Mehta on the occasion, Prof. (Dr.) C. Raj Kumar, the Founding Vice Chancellor of O.P. Jindal Global University, said, “We are grateful to the Solicitor General Mr. Tushar Mehta for agreeing to deliver the Justice P.N. Bhagwati Memorial Lecture and his constant encouragement and support to our university. Justice Bhagwati was one person who transcended the boundaries of law and justice in India and was also recognised for his contribution to the world. He served as part of the United Nations Human Rights Committee for many years and was responsible for the evolution of national human rights institutions around the world. It is our fervent hope that today we can honour the legacy of Justice P. N Bhagwati and reaffirm our collective commitment to the ideals of justice, equality and dignity enshrined in the Constitution of India. We are confident that this lecture will serve as a catalyst for meaningful dialogue and introspection on the journey of the Supreme Court of India in upholding fundamental rights.”

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Reflecting on the life of Justice Bhagwati, Professor (Dr.) S.G. Sreejith, Executive Dean, Jindal Global Law School & Dean, Strategy & Institution Building JGU, said, “Justice Bhagwati was a voice of the voiceless, a representative of the unrepresented and that made him the champion of PILs, through the invocation of epistolary jurisdiction of the court. He had the broadmindedness to confess that the Supreme Court could have acted better during the days of the Emergency. His sense of guilt for the position taken in ADM Jabalpur was so profound that he had the courage to ‘plead guilty’. He had unwavering conviction in the power of law and in the mandate of the judiciary about which he would write later on, ‘one of the primary functions of the court is to share the passion of the Constitution’, an absolute necessity for a democracy.”

Giving the introductory address, Dr. Khushboo Chauhan, Associate Professor and Associate Dean of the Jindal Global Law School, said, “Throughout its history, the Supreme Court of India has been entrusted with the solemn duty of upholding the fundamental rights enshrined in the constitution. Its journey in this regard has been marked by numerous milestones, challenges and triumphs, shaping not only the legal landscape of the nation, but also the fabric of Indian democracy. Justice P.N. Bhagwati, a luminary in the realm of Indian law played a pivotal role in advancing the cause of fundamental rights during his tenure, both as a judge and the Chief Justice of the Supreme Court of India. His visionary judgments and unwavering commitment to justice have left an incredible mark on the jurisprudential landscape of India, inspiring generations of jurists, lawyers and human rights activists.”

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Professor Surabhi Bhandari Assistant Professor & Assistant Dean, Jindal Global Law School, gave the vote of thanks on behalf of the university.

–IANS

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Defence Ministry: Year 2025 will be year of reforms

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rajnath singh with armed forces chief

On Wednesday, the Defence Ministry announced that 2025 will be designated as the “Year of Reforms,” with a primary focus on establishing integrated theatre commands to enhance collaboration among the three branches of the military.

These reforms are aimed at transforming the armed forces into a technologically advanced, combat-ready force capable of executing multi-domain integrated operations, the ministry stated.

The initiative will emphasize emerging domains such as cyber and space, alongside cutting-edge technologies like artificial intelligence, machine learning, hypersonics, and robotics.

Defence Minister Rajnath Singh described the “Year of Reforms” as a pivotal milestone in the modernization of the armed forces.

“It will set the stage for significant advancements in the nation’s defense capabilities, ensuring the security and sovereignty of India in the face of 21st-century challenges,” he said.

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A 3.2 magnitude tremor struck Gujarat’s Kutch district on Wednesday morning

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A 3.2 magnitude tremor struck Gujarat’s Kutch district on Wednesday morning, according to the Institute of Seismological Research (ISR).

The district administration reported no casualties or property damage following the quake.

The tremor occurred at 10:24 am, with its epicenter located 23 kilometers north-northeast (NNE) of Bhachau, as per the Gandhinagar-based ISR.

Last month, the region experienced four seismic events exceeding a magnitude of 3, including a 3.2 magnitude tremor just three days ago, with its epicenter also near Bhachau.

Earlier tremors in the area included a 3.7 magnitude earthquake on December 23 and a 3.2 magnitude event on December 7, according to ISR reports.

Kutch was also jolted by a 4.0 magnitude earthquake on November 18, 2024. On November 15, a 4.2 magnitude quake hit Patan in north Gujarat, based on ISR data.

Gujarat is considered a high-risk earthquake zone, having experienced nine major earthquakes over the past 200 years, according to the Gujarat State Disaster Management Authority (GSDMA). The 2001 earthquake in Kutch, which occurred on January 26, was the third-largest and second-most destructive in India in the last two centuries, according to the GSDMA.

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Diljit Dosanjh faces legal action over concert songs

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Singer and actor Diljit Dosanjh’s much-anticipated New Year’s Eve concert in Ludhiana faced legal hurdles after a complaint was filed by Punditrao Dharenavar, an assistant professor from Chandigarh.

Following the complaint, the Deputy Director of the Women and Child Department, Government of Punjab, issued a formal notice to Ludhiana’s District Commissioner, urging them to prohibit Dosanjh from performing specific songs during his live show on December 31, 2024.

The notice specifically targets songs accused of promoting alcohol, including Patiala Peg, 5 Tara Theke, and Case (Jeeb Vicho Feem Labbiya), even if the lyrics are slightly modified. The complaint points to previous warnings issued to Dosanjh by various commissions advising against performing these controversial tracks.

Despite these warnings, the singer allegedly continues to perform the songs with minor alterations. Dharenavar raised serious concerns about the influence of such music on young audiences, especially when minors are present at live events.

Adding to the controversy, Dharenavar referenced a 2019 Punjab and Haryana High Court ruling, which directed law enforcement to ensure that songs promoting alcohol, drugs, or violence are not played at public events, including concerts. This ruling underscores the legal basis for the complaint and has further intensified the scrutiny surrounding the event.

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UP Minister’s convoy overturns, 5 person injured

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UP Minister’s convoy overturns, 5 person injured

Five people sustained injuries when a vehicle in the convoy of Uttar Pradesh Minister and Nishad Party chief Sanjay Nishad overturned into a ditch near Januan village in the Khejuri Police Station area of Ballia district late last night.

Sanjay Nishad shared details of the incident, stating that the accident injured five party workers, including four women.

“I was traveling with the convoy to participate in the Constitutional Rights Yatra organized by the party on Tuesday night. Near Januan village in the Khejuri area, one of the vehicles following the convoy lost control while trying to avoid an animal and overturned into a ditch,” Nishad explained.

The injured individuals have been identified as Rakesh Nishad, Ramrati, Usha, Geeta, and Iravati Nishad.

Senior police and administrative officials quickly arrived at the scene following the incident to oversee the situation.

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Suchir Balaji’s mother alleges Murder

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Suchir Balaji’s mother alleges Murder

The mother of Suchir Balaji, a 26-year-old former OpenAI researcher found dead after accusing the company of copyright violations, has alleged that her son was “murdered” and called for a Federal Bureau of Investigation (FBI) probe.

Poornima Rao, Suchir’s mother, claimed her son’s death was a “cold-blooded murder” that authorities wrongly ruled as suicide. She further disclosed that a private autopsy report conflicted with the findings of the initial police investigation.

Rao alleged that her son’s apartment had been “ransacked” and cited evidence of a struggle in the bathroom, including bloodstains that suggested he had been assaulted.

“We hired a private investigator and conducted a second autopsy to uncover the truth. The private autopsy does not confirm the cause of death stated by the police. Suchir’s apartment was ransacked, there were signs of a struggle in the bathroom, and it appears he was hit based on blood spots. This is a cold-blooded murder being misclassified as a suicide. Lobbying in San Francisco won’t deter us from seeking justice. We demand an FBI investigation,” Rao wrote on X.

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Elon Musk reacted to Rao’s post, commenting, “This doesn’t seem like a suicide.”

Balaji was discovered dead in his San Francisco apartment months after accusing OpenAI of violating copyright laws during the development of ChatGPT, as reported by Fox News. Despite these claims, the San Francisco Police Department found no evidence of foul play and ruled the death a suicide.

On October 24, shortly before his death, Balaji voiced doubts about the “fair use” defense in generative artificial intelligence. “I recently participated in a NYT story about fair use and generative AI, and why I’m skeptical ‘fair use’ would be a plausible defense for a lot of generative AI products,” he wrote on X.

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