SC says won’t hear anything personal against Modi

Fernandes contended that his arguments on surveillance were in pursuant to the SC-ordered probe into the Ishrat Jahan fake encounter case.

Written by Utkarsh Anand | New Delhi | Published: August 13, 2014 1:58 am

The Supreme Court on Tuesday said it would not entertain any accusation against the personal conduct of Prime Minister Narendra Modi and nixed all attempts by suspended IAS officer Pradeep Sharma to rake up the Gujarat snooping row.

Adjudicating a petition filed by Sharma, a bench of Justices Ranjana P Desai and N V Ramana said the court would not allow him to urge arguments over alleged personal impropriety of the former Gujarat CM and that he should confine himself to other contentions.

Sharma has moved the court to get four cases registered against him in Gujarat to be transferred to the CBI as, he alleged, that the Modi government acted with a vendetta against him in view of his knowledge of certain controversial facts. He added that the government also wanted to get back at his brother, IPS officer Kuldeep Sharma, by attacking him.

In May 2011, his counsel had agreed to remove personal allegations against Modi but the court had last week noted that the amended petition in fact carried more accusations, including one relating to alleged illegal surveillance of a woman architect.

As the hearing began on Tuesday, the bench reminded Sharma’s counsel Sunil Fernandes that he had agreed to delete “even the faintest” allegations on “personal impropriety” against Modi and that he could not be now allowed to wriggle out of his obligation.

Fernandes responded that he needed to highlight facts pertaining to snooping to put everything in perspective and to show the malice that Modi government had against Sharma. He also pointed out that Modi had not filed his affidavit in his response.

The bench, however, said: “We don’t need any affidavit from him in view of your own statement. We don’t fault him for not filing the affidavit. In view of your own statement, these allegations have to go from both the petitions.”

Fernandes contended that his arguments on surveillance were in pursuant to the SC-ordered probe into the Ishrat Jahan fake encounter case.

Fernandes even agreed to give up on his plea to have a case registered in the snooping row if the court accepted his request to hand over the probe to the CBI. He said there should not be any objection to his plea in view of the new dispensation at the Centre. The court replied: “Political dispensation is hardly a consideration for us. We cannot accept such arguments.”

Gujarat government opposed Sharma’s petition, saying chargesheets have been filed in four of five cases and hence the probe was already over. They also refuted allegations of malice and prejudice, as the court reserved its order.

For all the latest India News, download Indian Express App

  1. Jagatheesan Jagatheesan
    Aug 13, 2014 at 2:03 am
    FREE ONLINE E-Nālanda Research and Practice UNIVERSITYPlease render correct translation in your own mother tongueRSS chief Mohan Bhagwat is saying 'the cultural ideny of all Indians is Hindutva' which has got nothing to do.It is just a political cultThe 20th century descriptions of this 1% RSS chitpavans list inordinate frugality, untrustworthiness (Duba Kors), conspiratorialism,phlegmatism not only murder democracy but also the real spirituality of this nation. The true cultural ideny of this country isJambudvipan that is Prabuddha Bharath since all belong to the same race with Buddha Nature practicing equality, fraternity and libertyas enshrined in the Consution based on Dhamma. Now it is the Fraud Duba Kor EVMs that has to be exposed because the Duba Kor EVMCJI Sadhasivam, a brahmin allowed the Lok Sabha with majority fraud tamperable Duba Kor EVMs at therequest of Duba Kor EVM CEC Sampathanother brahmin to replace the Duba Kor EVMs in phased manner that helped RSS's BJP to acquire the MASTER KEY. Till all the Duba Kor EVMsare replaced with fool proof Voting system the present CJI must order to s the present Lok Sabha.& have a collegium system of pickingjudges from SC/ST/OBC/Minorities for having a fool proof voting system to sauard Liberty, Fraternity and Equality as enshrined in theConsution. And also a collegium system in the Chief Election Commission consisting SC/ST/OBC/Minorities for having a fool proof votingsystem to sauard Liberty, Fraternity and Equality as enshrined in d Consution to prevent Murder of Democracy.. After the Duba Kor EVMsare replaced with fool proof voting system Lok Sabha elections must be held. If chitpawan brahmins have to be sidelined totally because of theirpolitics of hatred towards all non Ariyo brahmins, all the non- ariyo brahmins have to unite under BSP for Sarvajan Hitay, Sarvajan Sukhay i.e.,for the welfare and happiness of all societies including, SC/STs, OBCs, Minorities and the poor upper castes by sharing the wealth of the countryequally among all sections of the society as enshrined in the Consution. Haughty behavior by the upstart chitpvans caused conflicts withother communities which manifested itself as late as in 1948 in the form of anti-Brahminism after the killing of M.K. hi byNathuram Godse, a chitpavan. Bal Gangadhar Tilak After the fall of the Maratha Empire in 1818, the chitpavans lost their political dominanceto the British.The British would not subsidize the chitpavans on the same scale that their caste-fellow, the Peshwas had done in the past. Payand power was now significantly reduced. Poorer chitpavan students adapted and started learning English because of better opportunities inthe British administration. Some of the strongest resistance to change also came from the very same community. Jealously guarding theirbrahmin stature, the orthodox among the chitpavans were not eager to see the shastras challenged, nor the conduct of the brahmins becomingindistinguishable from that of the sudras. The vanguard and the old guard clashed many times. The chitpavan community includes two majorpoliticians in the hian tradition: Gopal Krishna Gokhale whom he acknowledged as a preceptor, & Vinoba Bhave, one of his outstandingdisciples. hi describes Bhave as the Jewel of his disciples, and recognized Gokhale as his political guru.However,strong opposition to hialso came from within the chitpavan community.V D Savarkar,the founder of the Hindu nationalist political ideology hindutva is castiest andcommunal duba kor militant stealth political cult greed of power hating all the non-chitpavan brahimins which anger that is madness requiringtreatment in mental asylums, was a chitpavan brahmin. Several members of the chitpavan community were among the first to embrace d hindutvaideology, which they thought was a logical extension of the legacy of the Peshwas and caste-fellow Tilak. These chitpavans felt out of place with theJambudvipan social reform movement of Mahatama Phule and the m politics of Mr.M.K. hi. Large numbers of the community looked toSavarkar, the Hindu Mahasabha and finally the RSS. hi's ins Narayan Apte and Nathuram Godse, drew their inspiration from fringe groups in this reactionary trend.Therefore, the RSS chief Mohan Bhagwat is saying 'the cultural ideny of all Indians is Hindutva' covering theabove facts. On kobras (the konkanastha chitpavan brahmin Community) of West of the Country. The chitpavan or chitpawan, are brahminsnative to the Konkan with a sizeable Christian Protestant.Until the 18th century,the chitpavans were not esteemed in social ranking,and wereindeed considered by other brahmin tribes as being an inferior caste of brahmins.It remains concentrated in Maharashtra but also haspotions all over the Country and rest of the world, (USA & UK.) According to Bene Israeli legend, the Chitpavan and Bene Israel aredescendants from a group of 14 people shipwrecked off the Konkan coast. several immigrant groups including the Parsis, the Bene Israelis,thekudaldeshkar gaud brahmins, and the Konkani saraswat brahmins, and the chitpavan brahmins were the last of these immigrant arrivals.Thesatavahanas were sanskritisers. It is possibly at their time that the new group of chitpavan brahmins were formed.Also, a reference to thechitpavan surname ghaisas, written in Prakrut Marathi can be seen on a tamra-pat (bronze plaque) of the Year 1060 A.D.belonging to the KingMamruni of Shilahara Kingdom, found at Diveagar in Konkan. With the accession of balaji bhat and his family to the supreme authority of theMaratha Confederacy, chitpavan immigrants began arriving en me from the Konkan to Pune where the Peshwa offered all important offices hisfellow-castemen. The chitpavan kin were rewarded with tax relief & grants of land. Historians cite nepotism & corruption as causes of the fallof the Maratha Empire in 1818. Richard Maxwell Eaton states that this rise of the chitpavans is a clic example of social rank rising with politicalfortune. Traditionally, the chitpavan brahmins were a community of astrologers and priests who offer religious services to other communities.The 20th century descriptions of the chitpavans list inordinate frugality, untrustworthiness, conspiratorialism, phlegmatism. Agriculture was thesecond major occupation in the community, practiced by the those who possess arable land. Later, chitpavans became prominent in various whitecollar jobs and business. Most of the chitpavan brahmins in Maharashtra have adopted Marathi as their language. Till the 1940s, most of thechitpavans in Konkan spoke a dialect called chitpavani Konkani in their homes. Even at that time, reports recorded chitpavani as a fastdisappearing language. But in Dakshina Kannada District and Udupi Districts of Karnataka, this language is being spoken in places like Dur Maala of Karkala taluk and also in places like Shishila and Mundaje of Belthangady Taluk.There are no inherently nasalized vowels instandard Marathi whereas the chitpavani dialect of Marathi does have nasalized vowels. Earlier, d deshastha brahmins believed that they werethe highest of all brahmins, & looked down upon the chitpavans as parvenus (a relative newcomer to a socioeconomic cl),barely equal to thenoblest of dvijas. Even the Peshwa was denied the rights to use the ghats reserved for Deshasth priests @ Nashik on the Godavari.Dis usurpingof power by chitpavans from the deshastha Brahmins resulted in intense rivalry between the two brahmin communities which continued in lateColonial British India times. The 19th century records also mention Gramanyas or village-level debates between the Chitpavans, & two othercommunities, namely the Daivajnas, and the Chandraseniya Kayastha Prabhus. This lasted for about ten years.Half a century ago,Dr.Ambedkarsurve the existing data on the physical anthropology of the different castes in his book The Untouchables.He found that the receivedwisdom of a racial basis of caste was not supported by the data,e.g.:The table for Bengal shows that the chandal who stands sixth in thescheme of social precedence and whose touch pollutes, is not much differentiated from the brahmin. In Bombay the deshastha brahminbears a closer affinity to the Son-Koli, a fisherman caste, than to his own compeer, the chitpavan brahmin. The Mahar, the Untouchable ofthe Maratha region, comes next together with the Kunbi, the peasant. They follow in order the shenvi brahmin, the nagar brahmin and thehigh-caste Maratha. These results mean that there is no correspondence between social gradation and physical differentiation in Bombay.A remarkable case of differentiation in skull and nose indexes, noted by Dr. Ambedkar, was found to exist between the brahmin and the(untouchable) Chamar of Uttar Pradesh. But this does not prove that brahmins are foreigners, because the data for the U.P. brahmin werefound to be very close to those for the Khattri and the untouchable Chuhra of Punjab. If the U.P. brahmin is indeed foreign to U.P., he is byno means foreign to India, at least not more than the Punjab untouchables. This confirms the scenario which we can derive from the Vedicand ItihAsa-PurANa literature:the Vedic tradition was brought east from d Vedic heartland by brahmins who were physically indistinguishablefrom the lower castes there, when the heartland in Punjab-Haryana at its apogee exported its culture to the w Aryavarta (comparable tothe planned importation of brahmins into Bengal and the South around the turn of the Christian era). These were just two of the numerousintra-Indian migrations of caste groups.Recent research has not refuted Ambedkar,s views. A press report on a recent anthropological surveyled by Kumar Suresh Singh explains:English anthropologists contended that the upper castes of India belonged to the Caucasian race and therest drew their origin from Australoid types.The survey has revealed this to be a myth.Biologically &linguistically, we are very mixed, saysSuresh Singh () The report says that the people of India have more genes in common, and also share a large number of morphological traits. There is much greater homogenization in terms of morphological and genetic traits at the regional level, says the report. For example, thebrahmins of Tamil Nadu (esp.Iyengars) share more traits with non-brahmins in d state than with fellow brahmins in western or northern India.The sons-of-the-soil theory also stands demolished. The Anthropological Survey of India has found no community in India that cant rememberhaving migrated from some other part of the countryternal migration accounts for much of India's complex ethnic landscape, while there isno evidence of a separate or foreign origin for the upper castes.Among other scientists who reject the identification of caste (varNa) withrace on physical-anthropological grounds, we may cite Kailash C. Malhotra:Detailed anthropometric surveys carried out among the peopleof Uttar Pradesh, Gujarat, Maharashtra, Bengal and Tamil Nadu revealed significant regional differences within a caste and a closerresemblance between castes of different varnas within a region than between sub-potions of the caste from different regions. On thebasis of analysis of stature, cephalic and nasal index, H.K. Rak (1966) concludes that the Brahmins of India are heterogeneous & suggestincorporation of more than one physical type involving more than one migration of people.A more detailed study among 8 Brahmin castes inMaharashtra on whom 18 metric,16 scopic and 8 genetic markers were studied, revealed not only a great heterogeneity in both morphologicaland genetic characteristics but also showed that 3 Brahmin castes were closer to non-Brahmin castes than [to the] other Brahmin castes. P.P. Majumdar and K.C. Malhotra (1974) observed a great deal of heterogeneity with respect to OAB blood group system among 50 Brahminsamples spread over 11 Indian states. The evidence thus suggests that varna is a sociological and not a homogeneous biological eny.
    1. V
      Aug 13, 2014 at 6:06 am
      Modi is the only hope left to develope india
      1. S
        Aug 13, 2014 at 3:40 pm
        earn online money at :monthlyyouth/?ref=1...