SC express concern on violence involved in anti-CAA protests


New Delhi, Jan 9 (IANS): The Supreme Court on Thursday expressed concern on the violence, which has erupted in the protests against the Citizenship Amendment Act (CAA).

A bench, headed by Chief Justice S.A. Bobde and comprising Justices B.R. Gavai and Surya Kant, said: "The country going through difficult times. Endeavour should be for peace. Such petitions don't help. As it is, there is lot of trouble."

The court's observation came on the mentioning of a petition filed by advocate Vineet Dhanda seeking the listing of his plea to declare CAA constitutional.

Dhanda moved the apex court to defend the constitutionality of CAA, and also sought action against activists, students, and media houses spreading "false rumours". He also sought a direction from the court against the rioters.

The court said that they will hear this petition after violence stops. "Let violence end," it said.

Putting a query to the lawyer, the court said: "Who wants CAA to be declared 'constitutional', and how can this court declare that an Act passed by the Parliament is constitutional?"

Observing that there is always "a presumption of constitutionality, and being a student of law, you should know", it said that it was unusual to hear somebody seeking a declaration from the court that an Act is constitutional.

The bench said that the job of the court is to determine validity of a law and it is not its job to declare it constitutional as it refused to grant urgent hearing in the matter.

The plea sought direction to declare Citizenship Amendment Act constitutional and also to the Election Commission to identify and take stern action against political parties spreading rumours and violence in the country.

A total of 59 petitions have been filed in the top court challenging this law. The top court will begin hearing the petitions from January 22.

On December 18, the bench of Chief Justice Bobde and Justices Gavai and Surya Kant refused to grant a stay on the operation of the law and listed the matter for further hearing in January. The court issued also notice to the Centre.

Dhanda, in the plea, said: "That the Petitioner is filing the present Public Interest Litigation as a concerned citizen over the loss of precious lives and damage to public property across the country especially in the cities of Delhi, Ahmedabad and states of Uttar Pradesh, Madhya Pradesh, Haryana, Rajasthan, Gujarat, Assam and other parts of our country."

He sought a direction to the Centre and state governments to publicise the law saying "it is not against the spirit of the Constitution of India and in no sense against any citizen of India".

  

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Comment on this article

  • anthony, Mangalore

    Thu, Jan 09 2020

    The Supreme Court should have made a special mention of State Sponsored Terrorism that the country has witnessed in Jamia and Jawahar Lal University.

    DisAgree Agree Reply Report Abuse

  • smr, Karkala

    Thu, Jan 09 2020

    The Supreme Court on Thursday, January 9, said that it will take up the petition challenging the constitutional validity of the recently passed Citizenship (Amendment) Act only after the countrywide agitation stops.
    The pre-condition also set by Supreme Court who refused an urgent hearing on a separate plea seeking that it declare the CAA as 'constitutional.'
    The Supreme Court of India that has plenty of time to hear Ayodhya dispute on daily basis without any weekend break and finally given the 'belief' of majority people the delay in CAA hearing is unacceptable that challenges the integrity of the nation and fundamental of secularism and constitutional rights.
    Why the Supreme Court don't anything on the law enforcement excess and unabetted shooting on the protesters?

    Jai Hind

    DisAgree Agree Reply Report Abuse

  • ca girishkk, m'lore/dxb

    Thu, Jan 09 2020

    Who are the perpetrators of violence.., that too by wearing police dress.....!!!!! cutting internet & banning social media sharing to give protection....!!!

    though I may be wrong.., in my view.... the Hindustan’s Union Govt’s situation look like bizarre & don’t know what to do....????,

    Normally any intelligent, noble & wisdom full human being generally accept the mistake & correct themselves once he realise his/her mistake…, but it doesn’t appears to be so…, means the people who authored this act are either have no knowledge or the skill set to understand the letter & spirit of Hindustan’s constitution(Authored by non-other than tall DALIT leader Bharat Ratna Late Shri Ambedkarji).., whether such action is will full or oversight only LORD BRAHMA knows it…, (there is a possibility also that, probably to keep jumping cheddi less jokers/gau rakshak/chaiwala’s/chowkidaar’s/ pakodawala’s/ safaiwala’s etc., happy.…) and the violence probably caused by people belong to this pool…, who normally trained/mentored to intimidate at the behest of their masters, the protestors who are calm & cool REAL Hindu’s & Hindustani’s…

    Let me quote the court's views : -

    .... "The bench said that the job of court is to determine validity of a law and it is not its job to declare it constitutional",

    The emphasis is about – “Validity of Law”, and the validity is measured & decided after due consideration of Constitution of Hindustan..,

    A law passing process by the parliament may be constitutional, but it doesn’t make the law enforceable if it is against the letter & spirit of Constitution…,

    I badly need one chai…,

    DisAgree Agree [9] Reply Report Abuse


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