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This is an archive article published on September 25, 2007

Letters to the editor

This refers to your editorial 8216;Judges and citizens8217; IE, September 22. While the question whether the journalists...

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Code on contempt

8226; This refers to your editorial 8216;Judges and citizens8217; IE, September 22. While the question whether the journalists committed contempt or not is before the Supreme Court, the episode is a fallout of possession of inherent constitutional powers of contempt sans proper safeguards by the higher judiciary. The sentencing has generated a hue and cry among legal and intellectual circles, because the law on contempt of court stands amended since 2006, providing truth as a ground of defence in contempt of court proceedings.

The relevant statute, Contempt of Courts Act, 1971, was amended last year but the constitutional provisions remain unamended. Whereas Article 19 1 a of our Constitution guarantees to all citizens the right to freedom of speech and expression, the next clause, Article 192, imposes reasonable restriction on such rights and inter alia casts duty upon the state to enact suitable legislations in this regard, including the statute for contempt of court. Thus the law on contempt of court derives from

Article 192. The National Commission to Review the Working of Constitution set up in the year 2000 took note of this and recommended that a mere legislation by the Parliament amending the contempt of court statute to provide for truth as defence is not enough and suggested a proviso be added to Article 192 to the effect that: 8220;in matters of contempt, it shall be open to the court on satisfaction of the bona fides of the plea and of the requirements of public interest to permit a defence of justification by truth8221;. The

Parliament has amended the statute but effective implementation has not happened.

8212; Hemant Kumar Chandigarh

Project review

8226; THE nation must thank

Ramaswamy R. Iyer 8216;Bridge over troubled debate8217;, IE, September 24 for his sober counsel on the Sethusamudram project, even as the VHP and the DMK froth at the mouth over the issue. As Iyer suggests, the UPA government must come clean on all the reasons for going ahead with this project. It is not enough for the government to put up the extraordinary defence that, since the NDA government approved the project, it is all right for them to go ahead. Also, it is not just about the environment and ecology but also about national security. Incredible as it might seem, it appears that the government has not consulted the Navy while okaying the project 8212; something Admiral Raja Menon expressed concerns about on TV last week. This is a very great test for PM Manmohan Singh. Surely he will not succumb to the blackmail of either the VHP or the DMK.

8212; R.P. Subramanian Delhi

Teeming millions

8226; BEFORE ridiculing Tavleen Singh8217;s suggestion in his letter, 8216;Leftovers for poor8217; IE, September 22, Rajinder Sachar should have pondered why those people, for whom he has so much concern, are poor. As a so-called intellectual, he should have known that the main reason for their plight is their unmanageable numbers. This unmanageable majority of India8217;s population who can not even ensure two square meals for themselves are producing babies at an alarming rate, thus burdening the nation with more and more of good-for-nothing citizens. If Sachar can ensure population control among his subjects of empathy, there will not be any need for measures as suggested by Tavleen.

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Further, for the benefit of Dalip Singh Ghuman of Chandigarh and others like him, I would like to clarify that King Ravan had travelled by air to come to India to kidnap Sita. But since Ram had a large army to take to Lanka, he had to construct

Ram Setu between India and Sri Lanka.

8212; A.K. Sharma Chandigarh

 

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