Editorial With Sujit Nair | CJI DY Chandrachud Slams TN Governor RN Ravi

[00:00:00] Hello and welcome to HW Editorial with me Sujit Nair.

[00:00:07] Here you can listen to my views, my analysis.

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[00:00:31] Namaste, Khyal.

[00:00:41] Welcome to another interesting episode of Editorial.

[00:00:50] Recently nowadays I am getting a lot of interesting stories.

[00:00:53] Possibly a lot of interesting things are happening around us.

[00:00:56] Today yet another very interesting story.

[00:01:00] The chief justice calls the Attorney General of India and says,

[00:01:06] What is your governor doing?

[00:01:12] The governor he is referring to is Mr R and Ravi.

[00:01:17] Well, like I said very interesting let us get into the show.

[00:01:23] Okay so there was this former minister of DMK called Mr K Punmudi.

[00:01:32] K Punmudi was there was an allegation of disproportionate asset against him.

[00:01:38] So there was investigation.

[00:01:41] Now the DMK government went up to the Supreme Court.

[00:01:44] Supreme Court stayed the investigation, stayed the case and reinstated Mr Punmudi as MLA.

[00:01:53] Now when the Supreme Court reinstated Mr Punmudi as MLA because he was removed

[00:01:59] when the investigation was on disproportionate asset.

[00:02:02] So when he was reinstated as MLA,

[00:02:05] DMK went out and told Mr R and Ravi the governor of Tamil Nadu that he is getting back

[00:02:12] making him a minister.

[00:02:13] Okay right, he is back, he is an MLA now.

[00:02:17] R and Ravi said, no, I am not going to do it.

[00:02:23] DMK went to Supreme Court saying that you reinstated him and now he is not being allowed

[00:02:29] to be a minister to which Chandrachud was surprised he said,

[00:02:34] what is happening in fact, what he said is he said Mr Attorney General that is what he was

[00:02:39] referring to. He was talking to Mr Venkatramani who is the Attorney General of India by the way.

[00:02:45] Mr Attorney General, what is your governor doing?

[00:02:49] The conviction has been stayed by the Supreme Court and the governor says he wants

[00:02:54] to be a minister.

[00:02:55] We will have to make some serious observation.

[00:02:58] Please tell your governor we are going to take serious view of it.

[00:03:04] The court said, we will take some serious observation.

[00:03:08] Kaya, we give a verdict, we give a judgment and your governor doesn't care about it.

[00:03:14] What is wrong with you guys?

[00:03:17] In fact, the chief justice went on to say that how can governor

[00:03:22] say that after the Supreme Court stayed his conviction, his re-induction as a minister will be

[00:03:29] against Constitution morality. This is what the chief justice said.

[00:03:34] We said no, we have reinstated him.

[00:03:36] What do you mean it is against Constitutional morality?

[00:03:40] We decided no, we said no.

[00:03:42] What is wrong with your governor? I also think, what is wrong with the governor when the

[00:03:47] chief justice is saying it. You see, he went on to say Mr. Aji, we are seriously concerned about

[00:03:53] the contact of the governor in this issue. We did not want to say it out loud in the court,

[00:03:58] but you are now constraining us to say it aloud. This is not the way he's defining the Supreme

[00:04:06] Court of India when two judge bench of the Supreme Court stays a conviction that governor has no

[00:04:13] business to tell us that this does not wipe off the conviction and that it is nonexistent.

[00:04:21] That means that those who have advised him have not advised him correctly in accordance with law.

[00:04:27] Now, the governor better be informed that when the Supreme Court of India

[00:04:33] stays a conviction, the law has to follow course. In fact, he said we will keep tomorrow.

[00:04:41] We will leave to the governor till tomorrow otherwise.

[00:04:46] The CJI must have got seriously, seriously peved off with what happened.

[00:04:54] He says possibly the people who advised your governor advised him wrong. Now see there is

[00:04:59] another very interesting aspect of it. You see, the fact that you don't know law doesn't

[00:05:06] entitle you to breach the law. When a Supreme Court has made a judgment,

[00:05:12] he has reinstated the Supreme Court of two bench justice has reinstated the MLA. The MLA is reinstated.

[00:05:21] How can the governor say that for morally, I don't think it is right morally. I don't know.

[00:05:29] What are we talking about? And this is the are the steps that have been taken

[00:05:36] by a lot of governors and a lot of constitutional authority in our country.

[00:05:41] Steps which are undermining the judiciary, steps which actually is now undermining law

[00:05:50] steps which are now undermining the process of our constitution and the process in which our

[00:05:57] country works. Why I see this? You saw what happened in Maharashtra. The Supreme Court kept on

[00:06:04] asking the speaker of the house of Maharashtra to take a decision on the on the disqualification

[00:06:10] of 16 MLAs and it went on dragging and dragging and dragging and dragging and dragging till sustained

[00:06:16] that. Now when the decision was taken, it was at the decision of course was for Iqnath

[00:06:23] Shinde Sena or whatever the Shiva Sena. Even then the decision was too late for anything to be

[00:06:30] done by anybody. So the fact made that somewhere down the line, speakers of the house,

[00:06:37] constitutional bodies like I told you, speakers and governors. I mean they are almost

[00:06:43] taking the court to be a joke. And all of a sudden the chief justice of India which I am

[00:06:51] very glad is now acting and talking. This is something that I am seeing as a very welcome sign

[00:07:01] because normally there were only observations. Now it is followed up by action which we saw in

[00:07:08] the electoral bonds. So somewhere down the line, it's a very welcome sign. So when something good

[00:07:14] happens, we say something good happens. When something good doesn't happen and only talk happens,

[00:07:19] we also comment report to you that only talk is happening, nothing good is happening. So this is one

[00:07:24] case which I wanted to get your notice. This governor better act and this governor better understand

[00:07:30] that there are laws just because he's been made a governor that doesn't mean he's the king of

[00:07:35] the state or that doesn't mean he's above every law. That doesn't mean that no law, nothing

[00:07:40] democracy, you know voting, shooting and all which we do, vote, we do not, it doesn't matter,

[00:07:44] the ram governor everything okay with me, he is up and that's something that he better realises

[00:07:50] and the CJA in no uncertain terms has made it clear to him. Now see let's see what he does.

[00:07:58] Now I want to before I close I want to discuss one more issue with you which is a very interesting

[00:08:02] issue. You see there was this additional session judge of Barely Ravi Kumar Diwakar. So Judge

[00:08:08] Ravi Kumar Diwakar is a very he's very enamored or very happy with the fact that Mr. Yogi Adityanath

[00:08:15] is the chief minister of Uttarpathy, she's very happy about that is what one feels, one understands

[00:08:20] okay I'll tell you why he I say this. I say this because you know this judge of Barely called

[00:08:28] Ravi Kumar Diwakar he said that the main reason for riots in India is that political parties are

[00:08:35] the country and engagement of a particular religion, appeasement of a particular religion.

[00:08:40] I presume he spoke speaking about appeasement of Muslims, judge judge so there apart from that

[00:08:47] he also likened CM Adityanath to the idea of a philosopher king as outlined by Plato in his

[00:08:56] Socrates' dialogue he likened Yogi Adityanath to that of a philosopher king so a constitutional judge

[00:09:07] judge appointed by the colosium and the person who is supposed to guard our constitution calls

[00:09:14] a chief minister a philosopher king that's what his statement and he went on to say that the

[00:09:23] head of power should be religious person because the life of a religious person is not one of

[00:09:30] enjoyment but of sacrifice and dedication. The example of this is the Peter Deshwar of the great

[00:09:36] Siddha Pit Ghorakna temple, Mhand Baba Sri Yogi Adityanath Ji who is currently chief minister of Uttarpadesh

[00:09:45] and has proven the above concept to be true stated additional district judge fast-track code

[00:09:51] Ravi Kumar Devaka and this incidentally the alabat I quote on Tuesday expunge the remark made by

[00:10:00] this additional session judge bench saying that Baba said you know what this is unoriented

[00:10:05] remark and containing political overtones and personal views a bench of justice Ram Manur

[00:10:11] Narayan Mishra observed it that it is not expected from a judicial officer to express his

[00:10:17] depicts his personal or preconceived notions for inclination in the matter.

[00:10:25] The judge says that you see the problem of riots is because of one particular community

[00:10:29] because people are opposing one particular community which I like either it is Muslim

[00:10:35] could be Muslim by one that's what it indicates to at least to my knowledge my understanding

[00:10:41] and secondly he says you know our chief minister is philosopher King he says and he he describes the

[00:10:51] chief minister with his his official and his religious designations and says that look how

[00:10:59] how true it is proven that a religious person should be made the king or the leader the chief

[00:11:07] minister I want to ask you two questions before I end my show number one is do you think that a

[00:11:15] leader has got anything to do with religion which means that if a person is religious he proves

[00:11:21] to be a good leader or if a person is religious it doesn't prove to be a good leader also has leadership

[00:11:27] running estate anything to do with religion number one question number two question for the judge

[00:11:34] a person who is supposed to guard the constitution addresses a chief minister as philosopher King

[00:11:42] king is that fair just by expunging that statement is everything over

[00:11:51] that's the point I will leave you with that's the thought I will leave with write down your comments

[00:11:56] let me know what you feel till I see you next time much care

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