Monthly Archives: August 2018

Justice B R Gavai refers to his own verdict deprecating ‘bulldozer justice’

Chief Justice of India B R Gavai on Friday said the Indian legal system is governed by rule of law and not by “rule of the bulldozer”.

Delivering the inaugural Sir Maurice Rault Memorial Lecture 2025 in Mauritius on ‘Rule of Law in the Largest Democracy’, he referred to his own verdict deprecating ‘bulldozer justice’.

Sir Maurice Rault, a noted jurist, was the Chief Justice of Mauritius from 1978 to 1982.

Highlighting the principle of rule of law and its expansive interpretation by the Supreme Court of India, Justice Gavai, who is on a three-day official visit to the island nation, said, “The judgment sent a clear message that the Indian legal system is governed by the rule of law, not by the rule of the bulldozer.”

In the judgement in the ‘bulldozer justice’ case, the apex court held that demolition of houses of accused in response to alleged offenses bypasses legal processes, violates the rule of law and infringes upon the fundamental right to shelter under Article 21.

“It was further held that the executive cannot assume the roles of judge, jury, and executioner simultaneously,” the CJI said.

He delivered the lecture in the presence of President of Mauritius Dharambeer Gokhool, Prime Minister Navinchandra Ramgoolam and Chief Justice Rehana Mungly Gulbul among others.

In his address, the CJI referred to various landmark judgments of the apex court, including the 1973 Kesavananda Bharati verdict that had brought the basic structure doctrine and clipped the powers of Parliament to amend every bit of the Constitution.

“Over the past 75 years since the adoption of the Indian Constitution, the concept of the Rule of Law has evolved far beyond legal texts, permeating social, political, and constitutional discourse alike,” he said.

Justice Gavai said in social sphere, laws have been enacted to redress historical injustices and marginalized communities have frequently invoked them, and the very language of rule of law to assert their rights against entrenched systems of oppression.

“In the political arena, the rule of law serves as a benchmark of good governance and societal progress, standing in stark contrast to misgovernance and lawlessness, where institutions and public officials might otherwise evade accountability,” he said.                Referring to the contributions of Mahatma Gandhi and B R Ambedkar, Justice Gavai said their vision demonstrated that in India “the Rule of Law is not a mere set of rules”.

“It is an ethical and moral framework designed to uphold equality, protect human dignity, and guide governance in a diverse and complex society,” he said.

The CJI referred to recent notable verdicts including the one which abolished the practice of instant triple talaq among Muslims.

He also highlighted the judgments in the case challenging the law on adultery and the electoral bond scheme.

“Taken together, these four judgments demonstrate how the Supreme Court has developed the rule of law as a substantive principle, using it to strike down laws that are manifestly arbitrary or unjust,” he said.

Justice Gavai also emphasised the importance of the judgment which held right to privacy as a fundamental right.

“This articulation underscores that, when understood as a core principle of constitutionalism, the rule of law operates on both procedural and substantive levels: it restrains arbitrary action by the State, guarantees equality before the law, and embeds democratic accountability across all branches and levels of governance,” he said.

Justice Gavai said the principle has animated the legal discourse as the apex court repeatedly invoked the language of rule of law to both legitimise and explain its constitutional role, as well as the constitutional roles of other branches of the state.

“The rule of law is thus not a rigid doctrine but a conversation across generations, between judges and citizens, parliaments and peoples, nations and their histories. It is about how we govern ourselves in dignity, and how we resolve the inevitable conflicts of liberty and authority in a democratic society,” he said.

Animesh Singh Tribune News Service

Amid prevailing tensions in Manipur, the Kuki-Zo community on Friday observed, what it calls ‘Separation Day’, by implementing a complete shutdown in all tribal dominated areas in Sadar Hills of Kangpokpi district.

A spokesperson for the Committee on Tribal Unity (CoTU) of Sadar Hills, a key tribal body, which had given a call for the shutdown, informed The Tribune that “It (shutdown) was resounding in all Kuki-Zo dominated areas in Sadar Hills Kangpokpi”.

In a public notice issued on October 1, CoTU had reiterated that the ongoing ethnic conflict in Manipur which had erupted on May 3, 2023, remains unresolved even after nearly three years, and held the former BJP-led state government under N Biren Singh accountable for the state’s deepest ethnic divide.

It had given a call for a 12-hour complete shutdown along National Highway-2 (NH-2), a crucial lifeline route in Manipur, from 6 am to 6pm on October 3. As part of the observance of Separation Day, all business establishments, academic institutions, and markets along the NH-2 route, which is considered a key lifeline of the state, were asked to remain shut.

The CoTU spokesperson said that the shutdown call was a success, while further informing that for the past nearly three years, the 3rd of every month has been observed as a day to mark the Kuki-Zo community’s eviction from Imphal valley and to pay homage to all the fallen men and women and those who were butchered in Imphal valley on May 3, 2023.

However, after completion of two years last May, the initial “Remembrance Day” was commemorated as “Separation Day”, to show that the Kukis have already been separated both physically and demographycally.

“Normally, during the said observance of every month, all business establishments and academic institutions remain closed. However on Friday, during the Separation Day Observance, NH-2 was also shut down to remind the apathetic attitude of the Central government towards Kuki-Zo aspirations for freedom from oppression and subjugation from the majoritarian Meitei community,” the CoTU spokesperson said.

On Friday, the Kuki-Zo community observed Separation Day at the Martyr’s Cemetery Phaijang in Sadar Hills, Kangpokpi district, reaffirming their demand for separate administration from Manipur with a 12-hour total shutdown and solemn commemorations.

The event, marked by floral tributes and gun salutes, saw the Committee on Tribal Unity (CoTU) urging the community’s 10 MLAs to maintain their boycott of the Manipur Legislative Assembly until the Government of India addresses their political demands.

CoTU reaffirmed the eight-point public resolution adopted on the 22nd Remembrance Day, asserting that “No Kuki Zo would remain complacent in our movement until our political aspirations are fulfilled by the Government of India”.

The resolution outlines several non-negotiable positions. The community declared there would be no free movement for the Meitei community in Kuki-Zo inhabited areas and pledged to use democratic means to achieve their goal of separate administration.

Terms it ‘arbitrary, unconstitutional’

Satya Prakash

Ladakh climate activist Sonam Wangchuk’s wife Gitanjali Angmo has moved the Supreme Court seeking his immediate release from detention under the National Security Act (NSA), terming it “illegal, arbitrary and unconstitutional”.

Angmo contended that the detention order violated her husband’s fundamental rights guaranteed under Articles 14 (right to equality), 19 (right to various freedoms), 21 (right to life and liberty) and 22 (protection against arrest and detention in certain cases) of the Constitution.

Detained on September 26 under Section 3(2) of the NSA two days after the September 24 clashes between protesters demanding statehood and the Sixth Schedule status for Ladakh and the police, Wangchuk is lodged at Jodhpur jail in Rajasthan. Four persons had died and nearly 100 others were injured in the violence.

Alleging that she had not been given a copy of the detention order in violation of rules, and that she had had no contact so far with her husband, Angmo questioned the Ladakh administration’s decision to invoke the NSA. The administration has rejected allegations of a “witch-hunt” or a “smokescreen” operation against Wangchuk.

In her habeas corpus petition, she sought a direction to the administration to “produce Wangchuk before the SC forthwith”. She urged the top court to quash the preventive detention order. She also sought urgent listing of her petition and a direction to authorities to “allow immediate access of the petitioner to her husband, both telephonic and in person”.

Alleging that no grounds of detention had been furnished till date, either to Wangchuk or to his family, his wife contended that she had been “kept under virtual house arrest in Leh, while students and staff of the Himalayan Institute of Alternatives, Ladakh (HIAL), founded by Wangchuk, were facing harassment, intimidation and intrusive investigations”.

“The arbitrary transfer of Wangchuk to Jodhpur, the harassment of students and staff of the HIAL, the virtual house arrest of the petitioner herself and the false propaganda linking Wangchuk to foreign entities clearly demonstrate mala fide state action intended to suppress democratic dissent and peaceful environmental activism,” she submitted.

The arrest has inflicted severe mental pain and anguish on the people of Ladakh, who revered Wangchuk as their leader, the petition stated. “A recent tragic incident has been reported where a member of the Ladakh Buddhist Association died by suicide, allegedly depressed after his detention, underscoring the devastating psychological impact on the community,” the petition maintained.

Angmo sought a direction to the authorities to ensure that Wangchuk was provided with his medicines, clothes, food and other basic necessities forthwith. She also sought a direction to them to place before the top court “the order of detention along with grounds of detention and all records pertaining thereto” as also his medical report.

Security forces launch search operation

Pakistani drone sighted along International

Security forces have launched a search operation after a Pakistani drone was sighted hovering over a forward village along the International Border in Jammu and Kashmir’s Samba district, officials said on Saturday.

The drone-like object was seen coming from the Pakistani side and hovered over Nanga village in the Ramgarh sector late Friday, triggering alarm in the border belt, they said.

According to officials, security forces and police teams were immediately deployed to scour the area and ensure that there is no airdropping of any payload like narcotics and weapons from across the border.

The search operation was underway when last reports were received, officials said, adding that security has been heightened in adjoining villages as a precautionary measure.

Gen Upendra Dwivedi says won’t exercise restraint like in Op Sindoor, tells troops to remain battle-ready

Army Chief Gen Upendra Dwivedi on Friday warned Pakistan that if it wanted to retain its place on the world map, it must stop state-sponsored terrorism.

Speaking at an outpost along the India-Pakistan border in Anupgarh, Rajasthan, General Dwivedi said Indian forces would not show any restraint this time, hinting that a second version of Operation Sindoor would not be far if Islamabad refused to stop exporting terror.

“This time, we will not maintain the restraint that we had in Operation Sindoor 1.0. This time, we will do something that will make Pakistan think about whether it wants to retain its place on the world map or not. If Pakistan wants to retain its place, then it must stop state-sponsored terrorism,” he said.

Further, he asked Army and BSF personnel to stay prepared. “If the God wills, you’ll get an opportunity soon. All the best,” the General said. The Army Chief’s visit was to see the preparedness of the troops. His statement comes just a day after Defence Minister Rajnath Singh warned Pakistan of a “strong reply” if it dared to act in the disputed Sir Creek sector along the India-Pakistan border in Gujarat.

The minister said, “Pakistan’s recent expansion of military infrastructure in the sector reflects its ill intent… any misadventure in the sector will invite a decisive response.”

“If Pakistan dares to act in the sector, the reply will be so strong that it will change both history and geography,” he had added.

Operation Sindoor was undertaken by India to give a fitting reply in the aftermath of the Pahalgam terror attack. Nine terror camps were hit in Pakistan and Pakistan-occupied Kashmir by the Indian forces using long-range precision weapons on May 7. The attack on terror camps had brought the two countries to a near-war situation. A ceasefire followed on May 10 after Pakistani commanders called up their Indian counterparts, seeking an end to the offensive.

The Army Chief also honoured three officers for their exceptional work during Operation Sindoor. These were BSF’s 140th Battalion Commandant Prabhakar Singh, Army’s Major Ritesh Kumar and Havildar Mohit Gaira.

Donald Trump said US cities should be used as military “training grounds”, as defence secretary Pete Hegseth called for a new “war fighting culture” at an unprecedented gathering of the country’s admirals and generals. The president told the military’s top brass on Tuesday that “America is under invasion from within”, as he defended his deployment of troops to cities including Los Angeles and Washington. Trump also vowed to continue to expand the military’s deployment on US soil, which he claims is vital to fight crime in America’s cities. “We should use some of these dangerous cities as training grounds for our military,” he said. Trump’s warning came shortly after Hegseth vowed to continue a purge of top military leadership and lashed out at “fat” generals as he called for new physical fitness standards. The summit comes as Trump seeks to tighten his grip on the military and extend its use in pursuit of his domestic agenda, including aggressive crackdowns on immigration, crime and violent protests that have raised fears of an authoritarian lurch during his second term. Trump told military officers on Tuesday “we’re going into” Chicago “very soon”. Illinois’s governor JB Pritzker on Monday said the federal government had taken initial steps to send 100 troops to his state. Trump on Saturday ordered troops to Portland, Oregon while Hegseth on Sunday requested 200 Oregon National Guard troops. On Monday, the Republican governor of Louisiana asked Hegseth for 1,000 National Guard troops for a trio of cities, including New Orleans. PLAY | 00:42 Show video description Donald Trump says ‘America is under invasion from within’ © Reuters Speaking before Trump’s arrival at Tuesday’s meeting, Hegseth promised “more leadership changes” in the military, demanding a stronger “warrior ethos” and telling the generals and admirals to resign if they disagreed. After abruptly summoning hundreds of top military leaders from their commands around the world, Hegseth used his remarks to slam “woke” Pentagon policies he claims have left the US unprepared for war. Pacing across the stage in front of a large American flag, he hit out at overweight generals and admirals and said disciplinary rules and whistleblower protections would be loosened. He also called the Pentagon’s rules of engagement “overbearing”. “More leadership changes will be made — of that, I’m certain,” Hegseth told the officers gathered at Quantico, a Marine Corps base in Virginia. “If the words I’m speaking today are making your heart sink, then you should do the honourable thing and resign.” The manoeuvres follow controversial steps Trump has taken to assert more control over government bodies and agencies that either by law or tradition operate independently from the White House, including the justice department and the Federal Reserve. Although the US military is under civilian control, its leadership has typically tried to stay above the partisan fray to ensure it has the broadest possible public support. Democrats on Tuesday accused Trump and Hegseth of undermining that consensus. Jack Reed, the top Democrat on the Senate armed services committee, said: “While American forces confront real threats across the globe, Mr Hegseth and President Trump chose to pull generals and admirals away from their missions to listen to hours of political grievances.” PLAY | 00:28 Show video description Pete Hegseth says he does not want to see fat US generals in the army © Reuters The Trump administration has fired 14 top military officers during the president’s term. Hegseth defended the sackings, telling his audience they were necessary to change the military’s culture. The defence secretary has dismissed leaders including the chairman of the joint chiefs of staff, General CQ Brown, the chief of naval operations Admiral Lisa Franchetti and coastguard commandant Admiral Linda Fagan. Hegseth said: “For too long, we’ve promoted too many uniform leaders for the wrong reasons, based on their race, based on gender quotas, based on historic so-called firsts.” Senior military officers gather at Quantico to listen to Donald Trump and defence secretary Pete Hegseth © Jim Watson/AFP/Getty Images The defence secretary also focused on the military’s fitness and grooming standards. “It’s tiring to look out at combat formations, or really any formation, and see fat troops,” Hegseth said. “Likewise, it’s completely unacceptable to see fat generals and admirals in the halls of the Pentagon and leading commands around the country in the world.” There should be “no more beards” or long hair, he said. PLAY | 00:23 Show video description Hegseth says the US army should be preparing for war © Reuters Hegseth added the Pentagon would review its definition of “toxic leadership, bullying and hazing”, so the military’s leadership could enforce its standards “without fear of retribution or second guessing”. He said military personnel “should not pay for serious mistakes for your entire career”, and some infractions would be removed from service records. Recommended Carrie Lee Trump’s Department of War rebrand won’t make America stronger The defence secretary also announced an overhaul of the internal department watchdog and suggested there would be a crackdown on whistleblower complaints. There would be “no more anonymous complaints . . . no more smearing reputations”, he said. Hegseth said soldiers should have maximum “authority” when fighting, and the Pentagon would “unleash overwhelming and punishing violence on the enemy. We also don’t fight with stupid rules of engagement.” “You kill people and break things for a living,” he said. “You are not politically correct and don’t necessarily belong always in polite society.”

Strife-torn Manipur witnessed a stupendous 3,000-times increase in incidents of crime and atrocities against people belonging to the Scheduled Tribes (STs) in a year. The state recorded only one such case in 2022, while the state reported 3,399 cases of crimes against the tribal community in 2023, the year when ethnic violence had broken out there.

According to the National Crime Records Bureau (NCRB) data for 2023, these incidents affected 3,408 victims. In the same year, Manipur also earned the dubious distinction of recording most incidents of crimes and atrocities against the STs.

In fact, in dacoity cases against STs, Manipur recorded 260 incidents with an equal number of victims, while Karnataka stood a distant second with just one case. All other states drew a blank in dacoity cases against STs, as per the NCRB data.

As many as 1,542 incidents of rioting against STs were recorded in Manipur, with 1,550 victims.

Even in cases of incidents violating the SC/ST (Prevention of Atrocities) Act, the north-eastern state again ranked first with 2,916 incidents and 2,925 victims.

In arson incidents (against STs), the troubled-state was at the number one spot, with 1,051 cases and an equal number of victims, while it also ranked first in recording 203 incidents of causing intentional insult to STs.

Ethnic violence had broken out in Manipur on May 3, 2023, when the majority Meiteis clashed with the tribal Kukis, following a Manipur High Court order recommending ST status for the Meitei people, a decision opposed by tribal groups due to fears of land and economic displacement.

The resumption of services was also discussed during Prime Minister Narendra Modi’s bilateral meeting with Chinese President Xi Jinping in Tianjin

After a five-year gap, India and China have agreed to resume direct air services between designated points from October 26, the Ministry of External Affairs and civil aviation officials said on Thursday, marking a major step toward normalising ties between the two neighbours.

Civil aviation authorities of both countries have been holding technical-level talks since early this year on restarting scheduled passenger services and revising the existing Air Services Agreement.

While IndiGo Airlines has announced it would resume services to mainland China, operating daily non-stop flights between Kolkata and Guangzhou (CAN) from October 26, subject to regulatory approvals, top aviation sources told The Tribune that Air India is also planning to start its flight operations by month-end.

The Indigo said it would deploy Airbus A320neo aircraft on the route and open bookings from October 3 on its website. The carrier also indicated plans to introduce direct services between Delhi and Guangzhou shortly, once approvals and operational arrangements are finalised.

The recent breakthrough paves the way for flights to operate in line with the upcoming winter schedule, officials said, though the move remains subject to commercial decisions by designated carriers and fulfilment of operational and regulatory criteria.

The resumption of services was also discussed during Prime Minister Narendra Modi’s bilateral meeting with Chinese President Xi Jinping in Tianjin, where both leaders underscored the need to strengthen people-to-people ties through direct flights and visa facilitation.

The leaders, meeting on the sidelines of the SCO summit, reiterated that the two countries are “development partners” and that “differences should not be allowed to become disputes”, the MEA readout of August 31 said.

Officials emphasised that the restart would be gradual and carefully managed. Carriers on both sides must complete commercial planning and satisfy safety, security and slot requirements before services begin.

“Resuming direct connectivity will enhance air links, support people-to-people exchanges and contribute to deeper economic collaboration,” a civil aviation official said.

The decision is expected to ease travel for businesspersons, students and families, while boosting trade and tourism. Direct passenger flights between India and China were suspended during the Covid-19 pandemic and did not resume after bilateral ties deteriorated following the 2020 border clashes.

The thaw in relations gained momentum after PM Modi’s recent visit to China for the SCO summit. Officials say the flight resumption is part of a measured diplomatic outreach that includes restoration of cross-border contacts such as the Kailash-Manasarovar yatra and revival of tourist visa channels.

Industry analysts said the return of direct flights — even if phased and limited at first — will have meaningful economic and social impact, restoring a channel of engagement that supports commerce, education and family ties between the two countries.

The authorised groups are expected to cross via the Attari-Wagah border and visit historic gurdwaras in Pakistan, including Gurdwara Nankana Sahib, the birthplace of Guru Nanak Dev.

The Centre on Thursday lifted its restrictions and allowed select Sikh jathas to travel to Pakistan to participate in the upcoming Parkash Purb of Guru Nanak Dev, officials said.

The move follows criticism of a September 12 directive from the Ministry of Home Affairs (MHA) that had barred cross-border travel by Sikh pilgrims to Pakistan on security grounds. Religious bodies and political leaders had protested the ban, arguing that pilgrimage should not be singled out while other cross-border activities continued.

Under the new decision, permission is limited to jathas specifically recommended by state governments and cleared by central ministries after security vetting. The state authorities will screen and forward the applications in coordination with intelligence and security agencies, while the final clearance will be granted by the MHA in consultation with the Ministry of External Affairs (MEA). Officials emphasised that even travellers holding valid Pakistani visas will not be permitted to make independent trips — approvals must come through the official jatha mechanism.

Home Ministry to give final approval

The move follows criticism of a September 12 directive from the MHA that had barred cross-border travel by Sikh pilgrims to Pakistan on security grounds

States will screen and forward applications in coordination with intelligence and security agencies, while the final clearance will be granted by the MHA

The authorised groups are expected to cross via the Attari-Wagah border and visit historic gurdwaras in Pakistan, including Gurdwara Nankana Sahib, the birthplace of Guru Nanak Dev. The arrangement, the officials said, would follow the 1974 India-Pakistan protocol on visits to religious shrines that had previously governed limited cross-border pilgrimage despite strained bilateral ties.

Delhi Minister Manjinder Singh Sirsa, who welcomed the decision, said the MHA had issued a notification directing states to submit jatha applications by October 22. “I request prominent Sikh bodies, including the SGPC, to complete the procedure at the earliest so that applications reach the MHA after due scrutiny and verification,” Sirsa said, and thanked Prime Minister Narendra Modi for the move.

Analysts said the decision carried both humanitarian and symbolic value — accommodating religious sentiment while preserving central control over security. Details on the size of the contingents, precise itineraries and security arrangements were being finalised.

The announcement comes against the backdrop of heightened India-Pakistan tensions. The Kartarpur Corridor — a visa-free route that previously allowed Indian pilgrims direct access to Gurdwara Darbar Sahib, Kartarpur — has remained suspended since May 2025 following the Pahalgam attack and subsequent security concerns, underscoring the sensitive environment in which the pilgrimage will take place.