Canadian Parvasi Issue 15 November 2019

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Issue No : 117
Email: editor@canadianparvasi.com Contact Number : 905-673-0600 November 15, 2019 | Toronto | Pages 12
550th PARKASH PURB
9/11: CORRIDOR OF PEACE OPENS
Sultanpur Lodhi/Dera
Baba Nanak/Kartarpur
(Pakistan): Stating that Pakistan
should have shown magnanimity
by granting visas to the
Punjab government’s 31-member
delegation, chief minister
Amarinder Singh said, “By denying
visas to the delegation,
Pakistan has shown its chhotapan
(pettiness).”
Prime Minister Narendra
Modi and his Pakistani counterpart
Imran Khan on Saturday
inaugurated the Kartarpur
corridor, which connects
Dera Baba Nanak in Punjab’s
Gurdaspur district with Darbar
Sahib Gurdwara in Pakistan’s
Narowal district, ending
the 72-year-long wait of Guru
Nanak’s devotees.
Modi, who wore an orange
turban for the occasion, flagged
off the first jatha of over 500
pilgrims — including former
prime minister Manmohan
Singh and his wife, chief minister
Amarinder Singh and
his MP wife, Union ministers
Hardeep Singh Puri and Som
Parkash, former Punjab cabinet
minister Navjot Singh Sidhu
and Akali Dal leaders Parkash
Singh Badal, his son Sukhbir
and daughter-inlaw Harsimrat,
an Union minister.
“I feel blessed that I am dedicating
the Kartarpur corridor
to the country. At the moment,
I am getting the same feeling
which you get at the time of
doing kar seva (religious service),”
said Modi, who was conferred
the Qaumi Seva award by
the Shiromani Gurdwara Parbandhak
Committee (SGPC).
Modi, who started the day
by paying obeisance at Gurdwara
Ber Sahib in Sultanpur
Lodhi, in his speech at the rally
in Shikar Macchian village
thanked Imran, saying: “He
understood India’s feelings on
the Kartarpur corridor issue,
gave them respect and worked
accordingly.”
Modi, who saw the Beri tree
and the Bhaura (underground
closet), where according to the
legend Guru Nanak used to
meditate in Sultanpur Lodhi,
emphasised on the importance
of Guru Nanak’s message of
‘kirat karo, nam japo and band
chakko.’ After opening the
state-ofthe-art passenger terminal
building, designed in the
shape of ‘Khanda’ — the symbol
of Sikhism, Modi had langar
with Punjab governor V P Singh
Badnore, Amarinder, Punjab
Congress president Sunil
Jakhar and other dignitaries.
In Kartarpur, the spotlight
was totally on Sidhu as Imran
inaugurated the corridor after
the arrival of the Indian jatha.
Both Imran and his foreign minister
Shah Mehmood Qureshi
talked about Kashmir in their
speeches.
Imran said ensuring ‘justice’
to Kashmiris will bring
about improvement in the relationship
between India and Pakistan,
adding: “Hope one day
Sultanpur
Lodhi MLA
seeks road links
Chandigarh: Sultanpur
Lodhi MLA Navtej Singh
Cheema on Saturday requested
Prime Minister Narendra
Modi to connect Sultanpur
Lodhi with Ludhiana-Amritsar
via an 8-lane national
highway.
Cheema said besides being
a holy city, Sultanpur Lodhi
was once a central trade
point between Delhi and Lahore.
Cheema also submitted
a letter to the PM regarding
the requisitions for the overall
development of the city
connected with Guru Nanak
Dev.
The MLA also requested
the PM Modi to sanction a
multi-specialty hospital-cummedical
college and research
centre in order to improve the
health facilities in the region.
our relationship will improve.”
Sidhu, who got a rapturous
welcome, addressed Imran as
‘Sikandar,’ ‘Sohna Yaar,’ ‘Yaar
Dildaar,’ and thanked him for
the corridor. “Not much can be
done in 10 months but you have
turned this place into heaven in
this period. You proved to be a
true friend. For the first time,
the barbed wires have fallen after
the Partition.”
The Congress MLA also
thanked Modi by “sending a
Munnabhai MBBS-style hug,”
saying “we have to rise above
politics.”
Referencing the anniversary
of the fall of Berlin Wall,
Qureshi said: “If the Berlin Wall
can be demolished, if the Kartarpur
Corridor can be opened,
then the temporary boundary of
the Line of Control can also be
ended.”
Qureshi also objected to the
timing of the Ayodhya verdict,
telling DawnNewsTV: “Could it
(verdict) not have waited a few
days? I am deeply saddened at
the insensitivity shown at such
a joyous occasion.”

The International News Weekly Canada
November 15, 2019 | Toronto 02
HSBC Bank Canada employees proudly celebrated alongside their customers
at a South Asian Mela last week in Brampton. HSBC values and celebrates
diversity in all its forms. This is one of many events throughout the year
where we express appreciation for our customers.
HSBC Bank Canada Mela client
event: Lighting of the Diya by
Larry Tomei, EVP and Head of Retail
Banking and Wealth Management,
HSBC Bank Canada with Steve Ho,
SVP and Head of Branch Network
HSBC Bank Canada
HSBC Bank Canada clients and staff celebrate Mela at a
special client event in November at the Lion Head Golf
and Country Club.
HSBC Bank Canada Mela client event,
November 7: David Kuo, Head of Branch
Network - Ontario of Retail Banking and Wealth
Management, HSBC Bank Canada, Kainaz Ladha
Regional Area Manager - Ontario HSBC Bank
Canada and HSBC staff celebrate HSBC Mela
B.C. Chief Ed John faces
historic sex charges
The Canadian Press
VANCOUVER : A British Columbia
Indigenous leader and outspoken
advocate for children is facing
sex-related charges dating back
more than 40 years.
The B.C. Prosecution Service
says Ed John, a former leader of the
First Nations Summit and former
B.C. cabinet minister, is accused of
having sexual intercourse with a
female without her consent in 1974.
The service says in a statement
released Thursday that special
prosecutor Michael Klein was appointed
in February to look into allegations
of sexual offences in and
around Prince George involving
one person.
Klein has approved four counts
against John for incidents are alleged
to have occurred between
March 1 and Sept. 15, 1974, it says.
His first court appearance is set for
Dec. 10 in Prince George.
John could not immediately be
reached for comment.
The service says it delayed announcing
the appointment of the
special prosecutor pending the
completion of the charge assessment
and approval of charges.
“Following consultation with
the special prosecutor and considering
the specific circumstances of
the case, the (service) concluded
that issuing a media statement
announcing the appointment was
appropriate at this time,” the statement
says.
John is a hereditary chief of
Tl’azt’en Nation in northern B.C.
and a lawyer who holds honorary
doctor of laws degrees from the
University of Northern British Columbia
and the University of Victoria.
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Conservatives’
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Parliament Nov. 25
OTTAWA — Conservative Leader Andrew Scheer
is calling on the prime minister to open Parliament
on Nov. 25. That’s five days after Justin Trudeau is
scheduled to swear in a new cabinet following last
month’s election.
Scheer’s spokesman Simon Jefferies says the
country is more divided than ever and Trudeau
needs to bring the House of Commons back immediately
to address urgent issues.
Asking for that to happen on Nov. 25 will be
one of the Opposition leader’s requests of Trudeau
when the two meet on Tuesday.
Jefferies says Scheer will also outline specific
items Conservatives want to see in the throne
speech, saying they’ll be based on the party’s own
priorities for the next Parliament.
The Liberals won 157 seats in last month’s vote,
forming a minority government, with the Conservatives
in second place with 121 MPs.
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The International News Weekly Canada
November 15, 2019 | Toronto
03
Singh and Trudeau discuss NDP’s priorities
in meeting ahead of throne speech
THE CANADIAN PRESS
OTTAWA : NDP Leader Jagmeet
Singh says he believes
Prime Minister Justin Trudeau‘s
only options to pass legislation
in a minority parliament are to
work with his New Democrats
or the Conservatives, dismissing
the idea the Liberals could work
with the Bloc Quebecois because
the Bloc isn’t concerned with national
interests.
Singh met with Trudeau in
Ottawa today to try to leverage
his party’s position in a minority
government. The Liberal leader
is meeting opposition leaders
one by one to assess what he’ll
have to do to gain and maintain
the confidence of the House of
Commons.
It appears part of Singh’s
strategy is to suggest that the
votes of Bloc Quebecois MPs
aren’t enough, even though they
and the Liberals together hold
more than half the seats in the
Commons.
Speaking to reporters following
the meeting, the New Democratic
leader said he believes his
party is in a good position to get
Liberal buy-in for NDP priorities
in part because of the two parties’
shared progressive perspective
on many key issues.
But he also suggested
Trudeau does not have many
other options.
“If they want to pass something
national that really benefits
all Canadians, they’ve got
really two options for a national
party. They can choose to work
with the Conservatives or they
can work with us,” he said.
“If they want to pass a bill
they need to work with a party.
If they want to pass a bill that’s
progressive, that puts in place
something that’s national, something
that benefits all Canadians,
they have to work with New
Democrats.”
When asked why he doesn’t
believe Trudeau could seek support
from the Bloc Quebecois,
Singh said he believes that is
simply not an option for the Liberals,
because the Bloc is not a
national party.
“Mr. (Yves-Francois) Blanchet
has made it really clear that
he’s not interested in working
on national programs that benefit
all Canadians. That’s not his
goal, that’s not his party’s goal,
and frankly that’s not his job. He
was elected in Quebec, for Quebecers,
and that’s fine,” Singh
said. “If Mr. Trudeau wants to
pass something that’s national,
something that’s national and
progressive that benefits all Canadians,
he’s got really just two
choices, he can work with us or
the Conservatives.”
During their meeting, Singh
listed the top three priorities
he hopes will make it into the
throne speech laying out the
Liberals’ governing plan in December,
the primary one being
the immediate creation of a
universal, single-payer pharmacare
program. He also pressed
Trudeau to drop the government’s
legal challenge of a recent
Canadian Human Rights Tribunal
ruling that ordered Ottawa
to pay $40,000 each in compensation
to Indigenous children who
were wrongly placed in foster
care after 2007, as well as to their
parents or grandparents.
He mentioned dental care, affordability
and housing as other
topics that were discussed. In addition,
he said Trudeau acknowledged
that Singh would continue
to oppose the Trans Mountain
pipeline project, but Singh would
not say whether Liberal backing
for the Alberta-B.C. pipeline
could lead him to vote against
the Liberals in a confidence vote.
During a photo-op before
their official meeting, the two
leaders shared a warm handshake
and appeared friendly and
at ease with one another.
Trudeau said it was a pleasure
to welcome the NDP leader
to his office, adding that it would
offer “an opportunity to talk
about the many things we have
in common in our perspectives.”
“Canadians expect us, as always
in the House, to work together
to serve them according to
their priorities and desires and
that’s really something we’re
very much focused on, working
with all parties in the house,”
Trudeau added.
Singh has said he’s not issuing
ultimatums, but his party
would be willing to vote against
the throne speech if it doesn’t
acknowledge the NDP’s requests
somehow.
He reiterated those sentiments
following his meeting
with Trudeau Thursday, saying
he will be looking for concrete
commitments that show the Liberals
are willing to work toward
shared goals if they want NDP
support.
“I have no interest in blindly
working with the Liberals, if
they want to deliver on the real
things that help Canadians out,
absolutely we’re going to work
together,” Singh said.
“I want to be constructive,
but by no means does that mean
I’m beholden in any way to working
with the Liberals. I have a
job, which is to fight for Canadians,
and that means fighting
for better health care, fighting
for better housing, fighting for
Indigenous communities. I’m going
to do that and I’m not worried
about having to do something because
of any political exigency,
I want to do this because it matters
to people and I’m ready to do
that.”
With silence and salutes, Canadians
mark Remembrance Day
OTTAWA : Eleven tolls
from the Peace Tower filled
the air around Parliament
Hill on Monday morning,
marking the start of two
minutes of silence in which
Canadians paused to remember
and honour those
who took up arms — and
in some cases paid the ultimate
price — to defend this
country and its way of life.
Similar scenes played
out across the country at
cenotaphs and memorials
as the clock struck the 11th
hour on Remembrance
Day.
A crowd of thousands
lined the wind-swept
streets around the National
War Memorial in Ottawa
for the national ceremony.
They arrived early, standing
and watching a parade
of veterans arrayed before
the monument unveiled 80
years ago by King George
VI.
Prime Minister Justin
Trudeau and Gov. Gen.
Julie Payette were among
those laying wreaths in
memory of those who died
serving Canada.
“They fought for the
ideals of peace and to defend
our liberties,” Payette
said in a video message.
“Many were wounded
in their body and in their
soul. Too many paid the ultimate
price. We owe them
an immense debt of gratitude.
We must never forget
their sacrifice and the
terrible costs of war. Let
us never take freedom for
granted and stand up for
equality and tolerance.”
Trudeau echoed those
sentiments in a separate
statement as he credited
those who served in uniform
with having built
peace, defended democracy
and enabled countless
people to live in freedom
in Canada and around the
world.
“Today, we pay tribute
to our veterans, to those
who have been injured in
the line of duty, and to all
those who have made the
ultimate sacrifice,” he said.
“They stood for liberty,
and sacrificed their
future for the future of others.
Their selflessness and
courage continue to inspire
Canadians who serve today.”
Also present for the
morning’s national ceremony
was this year’s Silver
Cross Mother, Reine Samson
Dawe from near Kingston,
Ont. Her youngest son,
Capt. Matthew Dawe, was
killed in Afghanistan in
2007 alongside five other
Canadian soldiers and an
Afghan interpreter.
She was to lay a wreath
during the ceremony on behalf
of all Canadian mothers
who have lost children
to war.
As the official ceremony
came to a close, Payette,
Trudeau and Veterans Affairs
Minister Lawrence
MacAulay shook hands
with veterans, some of
whom had red blankets
draped over their laps and
legs to stay warm in the biting
cold.
The leaders thanked the
veterans for their service,
echoing a message from
the ceremony in which veterans
young and old were
called “authentic heroes,”
deserving to be celebrated
and thanked at every opportunity.
“We are grateful to
them for being the unifying
inspiration of selflessness
and dedication, reminding
us of what being Canadian
is all about,” Rabbi Reuven
Bulka said during the ceremony.
This year’s Remembrance
Day ceremony followed
a major event in
France earlier this year
marking the 75th anniversary
of D-Day, when thousands
of Canadian stormed
the beaches of Normandy
with their British and
American allies to fight
Nazi Germany.
It also comes exactly
101 years after the end of
the First World War.

The International News Weekly November 15, 2019 | Toronto 04
PM opens Kartarpur corridor, thanks Imran
Dera Baba Nanak: Prime
Minister Narendra Modi on
Saturday inaugurated the Integrated
Check Post (ICP) at Dera
Baba Nanak and flagged off the
first batch of pilgrims travelling
to Gurdwara Darbar Sahib, Kartarpur
Sahib in Pakistan via the
newly-constructed Kartarpur
corridor.
The gurdwara is about 4.5
km inside the Pakistan territory
from Dera Baba Nanak in Gurdaspur
district of Punjab.
Before inaugurating the corridor,
he interacted with the
members of first jatha (batch)
to Pakistan via the corridor and
took a guided tour of digital installation
on life of Guru Nanak
Dev and the passenger terminal
building (PTB) at the Dera Baba
Nanak ICP.
Earlier, addressing a gathering
at Shikar Machhian village,
nearly 7 km from ICP, Modi emphasised
on the importance of
Guru Nanak’s message of “kirat
karo, naam japo and vand
chhako”. He said Guru Nanak
taught the importance of living
by true values and also gave an
economic system based on honesty
and self-confidence. Stating
that he felt honoured to dedicate
the Kartapur corridor to the nation,
he called for upholding the
teachings and values of Baba
Nanak.
On the occasion, he also released
a commemorative coin
celebrating 550th birth anniversary
of Guru Nanak. The
Shiromani Gurudwara Prabhandak
Committee (SGPC) honoured
Modi with “Qaumi Seva
Award”, which he dedicated to
Guru Nanak.
For completing the Kartarpur
corridor in a short time
frame, he expressed gratitude
towards the Punjab government
and the SGPC, and also hailed
Pakistan PM Imran Khan for
understanding the sentiments of
Indians and acting accordingly.
He also expressed gratitude towards
those involved in the construction
of the corridor on both
sides of the border.
Modi also talked about abrogation
of Article 370 in Jammu
and Kashmir and how it benefited
Sikhs. “Removing of Article
370 from J&K will now help
the Sikh community in J&K and
Leh, as they will get the same
rights as other citizens of the
country,” he said, adding that
now the Citizenship Amendment
Bill would also make it
easy for the migrant Sikhs to
become citizens of the country.
“Besides being a guru, Guru
Nanak Dev is a thought, the basis
of life. Our values, culture,
our thoughts, our thinking, our
upbringing, our reasoning, our
speech, all of these have been
honed by pious souls like Guru
Nanak,” he said.
Sidhu sends Modi
hug from Pak
Kartarpur (Pakistan): As he hogged the limelight at the
inaugural function of Kartarpur corridor, former Punjab cabinet
minister Navjot Singh Sidhu on Saturday sung paeans of
Pakistan Prime Minister Imran Khan. He also thanked Prime
Minister Narendra Modi, by sending him a hug.
“I am thanking Modi ji also, it doesn’t matter if we have political
differences, doesn’t matter if my life is dedicated to Gandhi
family, and I am sending a Munnabhai MBBS style hug to
you Modi sahib for this. We have to rise above parties,” said
Sidhu in an emotional speech loaded with couplets.
Referring to him as ‘Sohna Yaar’ and ‘Yaar Dildar’, Sidhu
hailed Imran Khan as a ‘Sikandar’, who has won the hearts of
14 crore Sikhs. “I have brought a trolley-full of good wishes for
you. It’s not about the corridor but about giving a message. Not
much can be done in 10 months, but you have turned this place
into heaven in this period. You proved to be a true friend. For
the first time the barbed wires have fallen after partition,” he
said. Without naming Gen Bajwa, Sidhu sought to clarify his
controversial embrace to him during the swearing in of Imran
Khan. “My corridor is love and my embrace is also ‘muhabbat’
love. We should keep embracing and resolve all issues. Then
why would mothers lose their sons at the borders in vain,” he
said in his trademark style, cheering the crowds with 'Thoko
Talli'.
“You have brought solace to the wounds of partition when
both Punjabs were drenched in blood,” said Sidhu, adding “People
say your credit, my credit. It is Guru’s grace that did it. It is
a noble and courageous PM who did it. No one did it in 72 years,
no one listened to the Sikhs. The embrace has paid off,” he said.
The Kartarpur corridor, connecting Dera Baba Nanak
shrine in India’s Punjab with Darbar Sahib in Narowal district
in Pakistan’s Punjab, was thrown open today.

The International News Weekly November 15, 2019 | Toronto
05
Jathas via Wagah still popular as
10-day pilgrimage costs `2,000
Amritsar: As much as
the corridor was hailed,
devotees are beginning to
realise that it is perhaps
most cost effective — as
well as adventurous — if
they skip the corridor
route and take the regular
crossing via Attari border.
The $20 service fee
has hiked up the expense
so much that devotees feel
that it does not make sense
to pay more than Rs 1,400
for five to six hour, popin,
pop-out trip, when they
can pay obeisance in over
a dozen Sikh shrines in 10
days on little less than Rs
2,000, with the added attraction
of visiting Lahore
and other cities.
“Pakistan visa fee is
Rs 120 and return train
fare from Attari to Lahore,
Nankana Sahib and Hassanabdal
is Rs 1,870. Pilgrims
can stay free of cost
in gurdwaras and partake
langar,” Swaran Singh
Gill, president of Nankana
Sahib Sikh Teerath Yatree
Jatha, told media.
Pakistan has levied $20
(Rs 1,438) as service fee for
using the Kartarpur corridor
to reach Gurdwara
Darbar Sahib, Kartarpur
Sahib. “Only Sikh leaders
and rich people can afford
to pay $20 for pilgrimage
of few hours to one gurdwara.
Middle class families
or poor people can’t afford
that,” said Surjit Singh, a
resident of Delhi, who had
gone to Pakistan along
with a Sikh jatha (delegation)
to celebrate the 550th
birth anniversary of Guru
Nanak Dev.
He said before applying
for visa to travel to Pakistan
via Attari along with
a Sikh jatha, he had compared
the cost and found
that travelling through Attari
was not only cheap but
one gets to pay obeisance
in over a dozen gurdwaras.
“One-way taxi fare
from Amritsar to Dera
Baba Nanak is around Rs
2,000 and every pilgrim
has to pay $20 to visit Kartarpur
Sahib. We are not
allowed to go beyond the
gurdwara complex and
return by evening, which
means one can’t even participate
completely in religious
rituals,” Surjit said.
He is of the opinion that
people may go via Kartarpur
corridor just out of curiosity,
but once the hype
settles down, they would
see merit in taking the Attari
route. For Bikramjit
Singh, the fact that one
could pay obeisance in at
least 14 historical gurdwaras,
including Gurdwara
Darbar Sahib, if travelling
with jatha, sealed
the deal. “Then there is the
charm of visiting Lahore,
which is famous for its
street food, and interacting
with locals. These are not
possible while travelling to
Pakistan via the Kartarpur
corridor,” he said.
But with the suspension
of train services, pilgrims
faced a tough time,
they alleged that Evacuee
Trust Property Board
(ETPB) officials exploited
their zeal to celebrate
550th anniversary of Guru
Nanak.
According to a few pilgrims
from a jatha that
returned on Thursday,,
on reaching Wagah (Pakistan),
they were made to
pay exorbitant bus fares.
“From Wagah to Nankana
Sahib, we were charged
Rs 1,200. From Nankana
Sahib to Punja Sahib and
Kartarpur Sahib, we were
charged Rs 2,200 and Rs
2,000 respectively. From
Nankana Sahib to Lahore
and Wagah, we were made
to pay Rs 1,200 to the ETPB
officials, who had set up
a special counter for the
purpose,” alleged Amarjit
Singh, a pilgrim.
Bikramjit said, for the
first time, ETPB officials
openly asked pilgrims to
pay bus fares. “We also
approached the Pakistan
Sikh Gurdwara Parbandhak
Committee, but they
chose to ignore us,” he
added.
Meanwhile, ETPB
public relations officer
Amir Hashmi dismissed
the allegations. “This is
not true,” he insisted,
adding that around 1,200
Indian pilgrims returned
on Thursday, while about
2,000 had retuned to India
on Wednesday.
Prez attends Pb govt, SGPC
events, even speaks Punjabi
Sultanpur Lodhi:
Grand celebrations to
mark the 550th Parkash
Purb of Guru Nanak Dev
culminated on Tuesday,
with President Ram Nath
Kovind attending functions
of both the Punjab
government and the
Shiromani Gurdwara
Parbandhak Committee
(SGPC), which is under
the control of Shiromani
Aali Dal (SAD).
After paying obeisance
at Gurdwara Ber Sahib,
the President, accompanied
by wife Savita Kovind,
first attended the Punjab
government function.
In his brief speeches at
both the places, he emphasized
on life and teachings
of Guru Nanak and said it
was a privilege for him to
be in Sultanpur Lodhi, the
land where Guru Nanak
Dev attained enlightenment.
He spoke in Hindi at
the Punjab government
event. Though he started
in Punjabi at the SGPC
event, he switched to Hindi
after a couple of minutes.
He focused on the
first Sikh Guru’s message
of universal humanism,
egalitarianism and a
casteless society, and also
recalled the principle of
‘Kirt Karo, Naam Japo,
Wand Chhako’. “True followers
of Guru Nanak
work for the welfare of
all, live in harmony and
do their job with diligence
and honesty,” he said.
In his speech, Punjab
chief minister Amarinder
Singh announced that he
would speak with Prime
Minister Narendra Modi
and ask him to prevail
upon Pakistan to grant
Indian devotees open access
to other historic gurdwaras
across the border.
Expressing gratitude
to Prime Minister Narendra
Modi and Pakistan
PM Imran Khan for helping
realise the Sikh community’s
dream of visiting
the Kartarpur gurdwara,
Amarinder hoped this
would be followed by free
access to Indian devotees
to more such gurdwaras
in Pakistan.
“I shall take up the
matter with PM Modi ji
and urge him to raise the
issue with Imran Khan to
facilitate the realisation
of the Sikh community’s
dream to visit those gurdwaras,”
he said.
Unlike his address at
Dera Baba Nanak, CM did
not speak anything negative
about Pakistan. The
CM also acknowledged the
support given by the central
government in making
the historic celebrations
a success.
His was the first speech
after the Bhog (conclusion)
of Sehaj Path (recitation
of Guru Granth Sahib
with intervals) and Gurbani
Kirtan and then he
invited the President to
speak. Punjab governor
V P S Badnore and Rajasthan
CM Ashok Gehlot
were also present.
Amarinder also announced
his government’s
decision to honour Punjab
Police personnel who
served during this grand
and extended celebration
with ‘Parkash Purb
Tagma (medal)’ for their
service.
He also announced
that the 550th Parkash
Purb celebrations, which
commenced last year,
would continue till November
2020.
Addressing a religious
congregation after the
bhog of ‘Sri Sehaj Path’,
the CM said as per his government’s
decision to release
550 convicts prematurely
to mark the historic
occasion, 450 had already
been freed, while others
would be released over the
next few months.
The CM underlined the
importance of following
Guru Nanak’s message on
respecting nature.

The International News Weekly Edit
06
November 15, 2019 | Toronto
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Hasty Move
President’s rule in Maharashtra
too soon, Sena should be given
more time to form coalition
Maharashtra took a dramatic turn on
Tuesday with governor Bhagat Singh Koshyari
imposing President’s rule. After BJP and
Shiv Sena failed to deliver on a power-sharing
arrangement, the latter was given a bare 24
hours to put together a viable alliance with
NCP and Congress. While talks between the
three parties did take place, the Sena requested
more time from the governor which was
denied. Next, it was NCP’s turn to request for
time. But governor Koshyari appears to have
convinced himself that government formation
isn’t possible in the current scenario.
If a stable coalition between Shiv Sena,
NCP and Congress is to form, this will require
some time to hammer together a power sharing
formula and a common minimum programme.
Koshyari’s giving minimum time to
both Sena and NCP to cobble together such a
coalition – before precipitately declaring President’s
rule – will be seen as an attempt to preclude
precisely that. Not surprisingly, Sena
has approached the Supreme Court against
the governor’s move.
More broadly speaking, the standard criticism
of such a diverse coalition as the Sena
is seeking to form now is that it is a ‘khichdi’
one that is bound to be inherently unstable.
However, it is by no means clear that an absolute
majority for a single party – or a coalition
where one party is clearly dominant – always
delivers superior results. In India this often
creates a top-down, centralised style of governance
– one that BJP in its current avatar also
seems to favour.
This kind of government has been touted
as decisive and action-oriented, and that may
indeed be true in some instances. Take, for
example, the quick reactions to provocations
from Pakistan at the level of the central government.
In other areas, for example in complex
arenas such as the economy and development,
a top-down model can stall initiative or
decision making at the grassroots, as well as
lead to a talent deficit in administration. In a
vast, complex and diverse polity such as India
power sharing arrangements may work better,
as long as they can work out a suitable coalition
dharma that ensures stability. Which
is why if Sena, NCP and Congress do indeed
eventually form the government in Maharashtra
they would do well to thrash out all important
issues beforehand, including the post of
chief minister. TNN
Momentous Judgment
On Ayodhya
SC’s adjudication of Ram Janmabhoomi-Babri
Masjid dispute represents a new dawn for India
Ravi Shankar Prasad
Lord Ram is also known
as Maryada Purushottam.
Dignity and ethics are
central to his conduct and
philosophy. His story for
the last thousands of years
continues to animate and
inspire the psyche of ordinary
Indians and remains
a proud narrative of our
civilisational, cultural and
spiritual heritage.
It was only fitting and
appropriate that the long
pending dispute for last
hundreds of years about
his place of birth “Ram Janmabhoomi”
at Ayodhya,
was finally settled by the Supreme
Court after an elaborate
hearing of more than
40 days by a unanimous
verdict of five judges. An issue
which was contentious,
full of competing claims and
interests many times giving
rise to conflicts and hostility,
could be resolved in a
perfectly lawful manner
consistent with the Maryada
of our constitutional
polity.
It is equally reassuring
that the entire country
has accepted this judgment.
There is no discord
or hostility on the ground
and a rare amity, brotherhood
and understanding
has been witnessed. Prime
Minister Narendra Modi as
a leader deserves full praise
for his appeal which played
a cardinal role in this amity
as also the requisite administrative
arrangement.
It is indeed a new dawn for
India.
There were basically
four suits. One filed by a
worshipper Gopal Singh
Visharad, second by Nirmohi
Akhara, third by UP
Sunni Central Waqf Board
and fourth by the deity itself
“Ram Lalla Virajman”,
who claimed a declaration
of title to the disputed site
coupled with injunctive
relief. The Allahabad high
court gave relief to the Hindus
with the right to pray
in the main area and also
allotting it to them. It further
proceeded to partition
the disputed area one-third
each to Hindus, Nirmohi
Akhara and Muslims.
The judgment of the Allahabad
HC was challenged
in the Supreme Court,
which led to the decision of
the Supreme Court. There
was voluminous evidence
on record – both oral and
documentary – consisting
of thousands of pages.
The Supreme Court in the
judgment elaborately considered
the interplay of all
these evidences. It would
only be appropriate to recall
some of these.
Joseph Tieffenthaler
was a Jesuit missionary
who visited India in 1740.
He notes the sacred character
of Ayodhya, which he
called Adjudea. In particular,
he mentions a “Bedi”
– a cradle – where Beschan
(Vishnu) was born in the
form of Ram. Alexander
Cunningham, director general
of Archaeological Survey
of India, refers to Ayodhya
in his 1862 report as the
birthplace of Lord Ram. P
Carnegie, commissioner
and settlement officer of
Faizabad, mentions in his
1870 report that “Ajudhia is
to Hindus what Mecca is to
Mohammedans”.
The court concluded
vide para 786 that travelogues
of foreigners provide
a detailed account both of
the faith and belief of Hindus
based on the sanctity
which they ascribe to the
birthplace of Lord Ram
and to the actual worship
by Hindus of the Janm Sthan.
Very significantly, the
court further noted that for
a period of 325 years from
the date of the construction
of the mosque until installation
of a grill wall by the
British, no evidence has
been adduced by the Muslims
to establish the exercise
of possessory control
over the disputed site.
The court held that
the oral and documentary
evidence shows that the
devotees of Lord Ram hold
a genuine longstanding and
profound belief in the religious
merit attained by offering
prayer to Lord Ram
at the site they believe to
be his birthplace. Significantly
the court mentioned
the acknowledgments by
Muslim witnesses about the
presence of Hindu religious
symbols like Varah, Jai-Vijay
and Garud outside the
threedome structure. The
court further held, “They
are suggestive not merely
of the existence of faith and
belief but of actual worship
down the centuries.” Quite
clearly, what was brought
down was not just brick and
mortar but a vibrant and
active symbol and place of
worship for millions of Hindus
through centuries.
While decreeing the
suit in favour of Ram Lalla
plaintiff of the Hindus in
substance, the court also decided
to provide restitution
to the Muslim community
by directing the government
to allocate five acres
of land to the Sunni Waqf
Board. The central government
has been directed to
formulate a scheme envisaging
the setting up of a
trust for the management
as also construction of a
temple. It has also been given
the liberty to hand over
the rest of the acquired land
for development in terms of
the scheme. The order of the
Allahabad HC was set aside
and the suit of Nirmohi
Akhara was dismissed.
Significantly the court
observed the practice of
religion, Islam being no exception,
varies according to
the cultural and social context.
Cultural assimilation
is a significant factor which
shaped the manner in
which religion is practised,
because cultural assimilation
cannot be construed as
a feature destructive of religious
doctrine. Surely the
heritage of Kabir, Rahim
and Raskhan stands vindicated
today.
For me it was an honour
and privilege to argue
this case on behalf of Ram
Lalla and Hindus in the Allahabad
HC.
Source Credit: This article
was first published in The Times
of India. The writer is Union
Minister for Law & Justice,
Communications and Electronics
& IT
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The International News Weekly November 15, 2019 | Toronto
07
New Strict Surrogacy Bill On
The Anvil, Clinics Shut Shop
The Bill, To Be Tabled
In Rajya Sabha, Aims To
Regulate The Industry But
Some Couples Are Heading
To More Expensive Clinics
In Ukraine, Georgia
Shutters are coming
down on surrogacy in
India, with several fertility
clinics across Mumbai,
Hyderabad and New Delhi
refusing fresh cases as the
new Surrogacy (Regulation)
Bill, 2019, is set to be
tabled in Rajya Sabha during
winter session starting
November 18. Lok Sabha
has already passed the Bill.
Aimed at prohibiting
commercial surrogacy, the
Bill has had doctors and
clinics rethinking surrogacy
cases. Doctors across
India handle about 2,000
surrogacy cases every
year, the majority of which
go unrecorded.
The National ART
Registry of India (NARI)
maintained by the Indian
Society for Assisted Reproduction
(ISAR) is the
nodal agency tasked with
recording surrogacy cases.
But infertility expert Dr
Nayana Patel, known for
handling Asia’s first surrogacy
case in 2003, said
this data is partially accurate
as it reflects only the
information voluntarily
uploaded by clinics across
India, many of which are
not registered with ISAR.
With the Bill, IVF clinics
are in limbo on their
surrogacy cases. “The
Bill lacks clarity, so we
stopped accepting new
cases since September,”
Dr Samit Sekhar, owner
of Hyderabad’s Kiran Infertility
Centre, said. “The
Bill’s clauses are fraught
with issues impossible to
adhere to. The onus of verification,
for instance, lies
entirely on us. How can we
ascertain if the surrogate
is indeed a close relative
of the couple or is a firsttimer
— two main criteria
in the Bill,” he said.
But there are others
who feel the Bill is a must.
Author and activist Pinki
Virani, who has been calling
for a stop to the “unethical
trade”, had told
TOI the Bill has loopholes,
but these are “pluggable”.
What is important to understand
is that “the abetted
human reproduction
industry involves high
stakes, made higher by a
failure rate of 75%”. “Practitioners
set themselves
up as benevolent fertility
fairies even as they perpetuate
patriarchy, making
a woman feel worthless
if she doesn’t have a
child. Many feel the need
to believe them. They don’t
seem to mind the higherthan-average
risk of cancers
afterwards. It doesn’t
seem to matter that more
convoluted the process of
starting a tiny human in
a lab, more complex is the
after-effect on that child,”
she said.
Until August, Sekhar’s
centre handled 15 to 20
cases of surrogacy every
month. “We have to refuse
couples though for many
— including women battling
cancer or who’ve undergone
hysterectomy —
surrogacy is a real option,”
he added.
Doctors spoke to media
in Mumbai and Delhi said
the situation was much
the same. The count of
surrogacy cases, which reduced
to a trickle since the
drafting of the new Bill,
has tapered off, claimed
a specialist at a reputed
hospital in Mumbai. “For
us, it isn’t logistically possible
to accept new cases
as preparation takes two to
three months.
Since chances are the
Bill will become law by the
year-end, we don’t want to
take a risk,” said the doctor,
on the condition of
anonymity. He added, “If
those couples don’t fit the
bill under the new guidelines,
we might have to
terminate the process midway.”
Couples who are set on
surrogacy and can afford
it are looking to Ukraine
and Georgia for surrogacy
services. There are also
pockets in the US where
commercial surrogacy is
still legal.
While charges in India
range between Rs 12.5 lakh
and Rs 15 lakh, overseas
it may cost anything from
Rs 25 lakh to Rs 31 lakh,
travel, accommodation
and other expenditures not
included.
“We spent the last few
weeks working out the
finances. We have connected
with some clinics
in Ukraine. Nothing is
less than $45,000 (about Rs
32 lakh),” said Manav (36)
from Hyderabad. “Worse,
this is the cost of a single
cycle, which means if the
embryos from the first attempt
don’t lead to a successful
pregnancy there’ll
be no second chance. In
India, the total cost covers
multiple cycles.”
Doctors themselves
have been suggesting the
new destinations to couples.
“At Bengaluru centre
too we have couples
who are now mulling going
abroad for surrogacy,”
Sekhar said. In Gujarat, Dr
Patel said tie-ups were the
only option. “We have no
choice,” she said.
Among couples affected
are 36-yearold Krishna
(name changed) and his
wife whose multiple attempts
at conceiving, even
with IVF treatment, failed.
In a letter to the Union
health minister, they
wrote that the Bill may be
well-intended but has distressed
them. They shared
their fear about the “altruistic
surrogacy” clause
that they said would encourage
“secret financial
arrangements within family
(and) malpractices”.
Such stories are aplenty
at International Fertility
Centre in Delhi as well,
said Dr Rita Bakshi. She
either turns down new
patients or asks them to
sign a mandatory affidavit
before even considering
their case. “We are making
an exception only in very
dire cases. But they are all
being asked to sign an understanding
that states we
may not be able to proceed
with the surrogacy if the
Bill is passed,” Dr Bakshi
said.
Dr Bakshi disagrees
with parts of the Bill, but
acknowledges the need for
regulation. “It could have
been drafted to ensure surrogate
mothers are not exploited
and couples opting
for it follow due diligence,”
she said.
“On the one hand you
decriminalise Section 377,
and on the other you deny
LGBTQ people the right to
a child. It is absurd,” she
added.
According to the Bill,
only couples married for
at least five years can opt
for surrogacy. There is no
room for single parents either.
Their only option will
be adoption, once Rajya
Sabha passes the Bill. But
adoptions in India aren’t
easy.
Srikanth and Sandhya
(names changed) may well
be among the last surrogate
parents in this country.
Waiting for their child
to be delivered by April
2020, the software engineers
are grateful for the
window they got.
“Though the new Bill
provides for a 10-month
breather — for those like
us who opted for surrogacy
before August — we are
still jittery,” said 42-yearold
Srikanth. “My wife
has undergone multiple
abortions and failed treatments,
even via surrogacy,
in the past. This is our absolute
last shot. If something
goes wrong along the
way, we’ll be left with no
hope.”

The International News Weekly November 15, 2019 | Toronto 08
Prez rule imposed in Maha after NCP
seeks and is refused 48 hours more
New Delhi/Mumbai:
In a notso-unexpected development,
Maharashtra was
placed under central rule on
Tuesday after governor Bhagat
Singh Koshyari made
a recommendation to the
effect, citing the inability
of political parties to form
a government. Koshyari’s
recommendation came after
the NCP, which had been
asked to produce proof of
having the requisite numbers
by Tuesday evening,
sought two more days in the
morning.
While it was the third
time President’s rule was
imposed in the state, it was
the first time it was done because
of the inability of political
parties to form a government
after an election.
The newly elected legislative
assembly will be kept
in suspended animation for
now. The assembly may be
revived and President’s rule
lifted as and when some party
works out a combination
that is able to offer a stable
government.
A cabinet meeting which
PM Modi chaired before
leaving for Brazil for the
Brics summit on Tuesday afternoon
considered the governor’s
report. It said in view
of the situation and ground
realities, the governor was
satisfied that no party was
in a position to form a stable
government. Congress-NCP
and Shiv Sena leaders condemned
the “haste” shown
by the Maharashtra governor
in declaring President’s
rule, accusing him of acting
at BJP’s behest to deprive
them of an opportunity to
form a government together.
However, both sides
stopped short of declaring
support for each other,
choosing to buy time for
talks that would enable
them to form an alliance.
Congress leader Ahmed
Patel, who held a press
meet along with NCP chief
Sharad Pawar on Tuesday,
confirmed “Uddhavji” had
spoken to his party chief, Sonia
Gandhi, on Monday and
sought her support.
JJP’s Dhanak rewarded for his loyalty
Chandigarh: JJP’s Uklana
MLA Anoop Singh
Dhanak, who was inducted as
minister in state government,
has been awarded for his loyalty
to Dushyant Chautala.
Dhanak was first INLD MLA
who stood by Dushyant when
he was expelled from INLD by
his grandfather and former
CM O P Chautala. Although
a petition seeking his disqualification
from the membership
of the state assembly
was also filed against him by
INLD leader Abhay Chautala,
he continued his support to
Dushyant. Later, he was even
disqualified from the House
by the speaker for joining Dushyant’s
camp.
Dhanaka has been elected
from Uklana (SC) seat of
Hisar district for the second
time consecutively. A native
of Rajli village in Hisar, he
was once selected for constable’s
post but he joined
politics and remained a loyal
soldier of Dushyant’s father
Ajay Chautala. A graduate in
humanities from Jat college
in Hisar, he had also served
as INLD’s general secretary
and at various other posts.
Dhanak has been inducted
as minister of state and
would be allotted one of the
departments allocated to his
leader and deputy CM Dushyant
Chautala. With his elevation
as minister, Dushyant
has also tried to give representation
to scheduled caste
community, as four of his 10
MLAs belong to the community.
Sources, however, said
two of JJP’s MLAs — Ram
Kumar Gautam and Ishwar
Singh — were unhappy over
their non-inclusion in the
cabinet. Gautam, who had
defeated former finance minister
Capt Abhimanyu was
highly confident of his inclusion
in the ministry for being
“Brahmin” face of JJP and because
of his seniority. Source
said Dushyant was in favour
of Gautam’s inclusion in the
cabinet but there were some
strong dissent on his name
from senior BJP leaders, including
Captain Abhimanyu.
Ishwar Singh, a former
MP who has been representing
JJP from Guhla (SC), was
also expecting a ministerial
berth on account his seniority.
Sources also confirmed
that Tohana MLA Davinder
Babli, who defeated state BJP
chief Subhash Barala is also
expecting some position in
the government.

The International News Weekly November 15, 2019 | Toronto
09
Supreme closure to row,
Ram mandir within site
New Delhi: A five-judge
Supreme Court bench on
Saturday settled the centuries-old
Hindu-Muslim
dispute that had been in
courts for 70 years through
a unanimous verdict and
handed over the Ram Janmabhoomi-Babri
Masjid
disputed land for construction
of a Ram temple. It
also allocated five acres at a
“prominent place” in Ayodhya
for a mosque.A fivejudge
Supreme Court bench
on Saturday settled the centuries-old
Hindu-Muslim
dispute that had been in
courts for 70 years through
a unanimous verdict and
handed over the Ram Janmabhoomi-Babri
Masjid
disputed land for construction
of a Ram temple. It
also allocated five acres at a
“prominent place” in Ayodhya
for a mosque.
The bench said the verdict
weighed in favour of
deity Ram Lalla because
the Hindu parties could
produce better evidence
to substantiate their right
over the disputed land.
However, the bench was
also unanimous that the
Muslim parties too had
established a competitive
right over a part of the disputed
land. Hence, it used
its inherent powers under
Article 142 of the Constitution
to direct the Centre/
UP government to allot five
acres of land at a prominent
place in Ayodhya for the
construction of a mosque.
The bench ordered framing
of a scheme and its implementation
through a trust,
to be set up by the Centre,
within three months for the
construction of the temple
and its management.
The bench of Chief
Justice Ranjan Gogoi,
CJI-designate Sharad Arvind
Bobde and Justices
Dhananjaya Y Chandrachud,
Ashok Bhushan and
S Abdul Nazeer took just
23 days to author a common
judgment running
into 929 pages. The bench
had reserved its verdict on
October 16 and delivered it
on November 9. CJI Gogoi
read out a 26-page summary
of the judgment for close to
40 minutes. “Jai Shri Ram”
chants from advocates in
black robes echoed immediately
after the pronouncement
of judgment.
The judgment was
along anticipated lines. After
parsing the hearings,
legal eagles were expecting
the bench to turn in a verdict
favouring the construction
of Ram mandir at the
disputed site. But the 5-0
score came as a surprise.
The SC set aside the September
30, 2010, verdict of
the Allahabad high court,
which had divided the
core disputed area of 1,487
square yards, including the
disputed 2.77 acres of plot,
into three equal parts and
allotted one part each to
Ram Lalla (the area under
the central dome of the demolished
mosque), Nirmohi
Akhara (outer courtyard
including Ram Chabutra
and Sita Rasoi) and the rest
to Sunni Waqf Board.
Nirmohi Akhara became
the biggest loser on
the day as the SC dismissed
its 1959 suit staking claim
to the site as time barred
and refused to even recognise
its right as a ‘shebait’
(priest), thus robbing it of
any major role in the to-beconstructed
temple.
The SC ordered that it
would get “appropriate representation”
on the trust,
but that would be like a
participation certificate,
with the court leaving it to
Centre to determine what
would constitute “appropriate
representation”.
The directive that construction
of the temple be
assigned to a trust to be set
up by the Centre comes at
the cost of Ram Janmabhoomi
Nyas, which was
set up by the VHP in 1985
to construct and manage
the proposed Ram temple.
However, the Sangh Parivar
constituent, which
spearheaded the temple
movement, should still get
to play a key role in the
matter, considering that
the court has given the Centre
a decisive say in determining
the composition of
the proposed trust.
The verdict was celebrated
by temple votaries.
Those arrayed on the opposite
side were, obviously,
not satisfied, but there were
signs suggesting an acquiescence,
if grudging, into
the outcome: Something
that raised the prospect
of an awkward closure of
the vexed mandir versus
mosque question that has
left an indelible imprint on
politics and society.
Political parties also restrained
their impulse. BJP
and Sangh Parivar, starting
from PM Modi, RSS chief
Mohan Bhagwat and BJP
chief Amit Shah, exercised
restraint. Political parties
and other outfits, who had
opposed the mandir campaign,
also calibrated their
reaction to suit the need for
peace.
In its order, the apex
court said, “The central
government shall, within
three months, formulate
a scheme pursuant under
Sections 6 and 7 of the Acquisition
of Certain Area
at Ayodhya Act, 1993. The
scheme shall envisage setting
up of a trust with a
board of trustees or any
other appropriate body under
Section 6.
The scheme shall make
necessary provisions in regard
to the functioning of
the trust or body, including
on matters relating to the
management of the trust,
the powers of the trustees,
including the construction
of a temple and all necessary,
incidental and supplemental
matters.”
The SC told the governments
at the Centre and the
state that handing over of
the disputed site to the trust
must coincide with the
handing over of five acres
of land at a prominent place
in Ayodhya to the Sunni
Waqf Board for construction
of a mosque.
“The Sunni Waqf Board
would be at liberty, on the
allotment of the land, to
take necessary steps for the
construction of a mosque
on the land so allotted together
with other associated
facilities,” the bench
said, adding that till the
scheme and allotment of
alternative five acres to the
Waqf Board was worked
out, possession of the disputed
land would continue
to remain with the Centre.
Author of verdict not named, but it bears Chandrachud’s imprint
New Delhi: The unanimous
Ayodhya judgment,
written at express speed,
broke three conventions
that have been followed
in the Supreme Court for
70 years — a verdict always
bears the name of
the author, he/she alone
reads it in open court and
the main judgment isn’t
accompanied by an “addenda”.
Though CJI Ranjan
Gogoi read out the judgment,
it did not carry the
author’s name. Ditto for
the addenda. But it was
clear from the judgment’s
printed version that the
author was Justice D Y
Chandrachud. It was a
valid surmise. SC judges
have their styles and use
distinct fonts.
For those familiar with
Chandrachud’s style, the
matter was settled almost
beyond reasonable doubt.
No other judge subdivides
issues involved in
a case into chapters. Be it
Aadhaar, right to privacy
or Sabarimala, Justice
Chandrachud has followed
the pattern. In the
Ayodhya case, the judgment
had 17 chapters from
‘A’ to ‘Q’.
A comparison of the
fonts used by judges in
their judgments also indicated
that the 116-page addenda,
attached to the 929-
page unanimous verdict,
was authored by Justice
Ashok Bhushan. Though
Justice Bhushan signed
the unanimous judgment,
he preferred to write an
addenda.
The addenda was in
the shape of a complete
judgment and could well
have passed off as a separate,
although concurring,
judgment. However, the
CJI and his colleagues “decided
to speak to the nation
in one voice on such
an important and historic
issue” and prevailed upon
their colleague to christen
his concurring judgment
as “addenda”, a new concept
in the SC’s history.
The addenda, which
extensively quoted Hindu
scriptures and Puranas,
said, “The sequence of
events... clearly indicates
that faith and belief of
Hindus was that birthplace
of Lord Ram was in
the threedome structure
mosque which was constructed
at the Janmasthan.

The International News Weekly November 15, 2019 | Toronto 10
Rafale gets wings, Rahul gets
sting in unanimous SC verdict
New Delhi: The Supreme
Court on Thursday
said no case was made out
for a CBI inquiry into the
Rafale deal and threw out
petitions seeking review of
its December 14, 2018 clean
chit to the NDA government
in procuring 36 fully
loaded Rafale fighter jets
through an inter-government
deal with France.
Noting that the price of
the basic Rafale jet negotiated
by the NDA government
was, contrary to allegations
by the opposition
and others, marginally
cheaper than that considered
by the UPA government,
a bench of Chief
Justice Ranjan Gogoi
and Justices Sanjay Kishan
Kaul and K M Joseph
unanimously dismissed
the review petitions filed
by three advocates — M L
Sharma, Vineet Dhanda &
Prashant Bhushan — and
former BJP leaders Yashwant
Sinha and Arun
Shourie.
Justice Kaul, writing
also on behalf of CJI Gogoi,
dismissed the review petitions
in an eight-page judgment
and said, “We cannot
lose sight of the fact that
we are dealing with a contract
for (fighter) aircraft,
which was pending before
different governments for
quite some time and necessity
for those aircraft has
never been in dispute.”
The bench also dismissed
the allegation —
the mainstay of Congress’s
“crony capitalism” charge
— that the government
was responsible for the
inclusion of industrialist
Anil Ambani’s Reliance
Defence as an offset partner.
The bench said the
choice of offset partners
was left to the manufacturer
of Rafale.
Justice K M Joseph, in
a separate 75-page concurring
judgment on Rafale,
agreed that the review petitions
deserved to be dismissed.
However, he gave
a consolation to the petitioners
and the opposition
when he said the SC’s dismissal
of the PILs would
not preclude a preliminary
investigation into the case
and that a regular case
(FIR) could be lodgedif
substantial materialwas
discovered. “Discovery of
facts by an officer carrying
out an investigation is
completely different from
findings of facts given in
judicial review by a court.
Theentire proceedings are
completely different,” he
said.
Significantly, CJI Gogoi
and Justice Kaul reiterated
the SC’s earlier
decision not to embark on
a “roving and fishing inquiry”,
and said the court
had elaborately examined
the documents after rejecting
the Centre’s claim of
privilege over them and
did not feel necessary to
direct registration of FIR.
“It is not the function of
this court to determine the
prices nor for that matter
can such aspects be dealt
with on mere suspicion of
persons who decide to approach
the court.
The internal mechanism
of such pricing would
take care of the situation.
On perusal of the documents,
we had found that
one cannot compare apples
and oranges.
Thus, pricing of basic
aircraft had to be compared
which was competitively
marginally lower.
As to what should be loaded
on the aircraft or not
and what further pricing
should be added has to be
left to the best judgment
of the competent authorities,”
it said.
The petitioners had cited
the dissent expressed by
the minority group in the
negotiation team to allege
that the PMO had forced
the decision to buy Rafale
fighter jets on the defence
ministry.

The International News Weekly November 15, 2019 | Toronto
11
Bigger bench for
Sabari, open to
women for now
New Delhi: The Supreme
Court on Thursday
did not alter its ruling allowing
women of all ages
to enter the Ayyappa
temple at Sabarimala but
asked a seven-judge bench
to evolve guidelines to
decide cases involving a
clash between the right to
equality and the right of
denominations to follow
their customs — a tussle
that has been brought to
the fore by the campaign
to let women into temples,
mosques and Parsi agiyaris
(fire temples).
A five-judge bench
of CJI Ranjan Gogoi and
Justices R F Nariman,
A M Khanwilkar, D Y
Chandrachud and Indu
Malhotra, by a 3-2 majority,
said the seven-judge
bench would evolve a
comprehensive judicial
policy to guide the court
in future adjudication of
cases of conflict between
citizens’ right to equality
and a believer’s faith
in religious practices
and customs CJI Gogoi,
in a ninepage judgment
also written on behalf of
Justices Khanwilkar and
Malhotra, said reference
to a sevenjudge bench
was needed as the possibility
of a collision between
fundamental rights
— between the right to
equality on the one hand
and the right of individuals
to practise their faith
and of denominations to
follow their affairs on the
other — went beyond the
Sabarimala temple entry
case.
The conflict has also
inspired petitions “regarding
entry of Muslim
women in dargah/
mosque, Parsi women
married to a non-Parsi in
agiyaris and the practice
of female genital mutilation
in the Dawoodi Bohra
community”.
The majority judgment
said the seven-judge
bench would also decide
if the Kerala Hindu
Places of Public Worship
(Authorisation of Entry)
Rules, 1965, mandating
the entry of all Hindus
into all temples, applied
to Sabarimala. It said the
bench would “grant fresh
opportunity to all interested
parties” and consider
their arguments.
But in their minority
opinion, Justices Nariman
and Chandrachud
responded with a 59-page
dissent criticising the CJI
for raking up future cases
of likely faith versus
fundamental rights scenarios.
Justices Nariman
and Chandrachud said
the case in hand related
to the entry of women
into Sabarimala temple,
comprehensively decided
on September 28, 2018,
and the present five-judge
bench should notbeconcerned
about pending petitions.
They said the previous
judgment must be
implemented in letter and
spirit and any attempt to
thwart — or encouragement
tothwartit— “cannotbecountenanced”.
Thetwojudgestold the
Kerala government to
evolve a consensus by
holding talks with various
stakeholders in the
Sabarimala case to ensure
the entry of women of all
ages into the temple.
CJI Gogoi, however,
raised a seminal
issue — the power of
constitutional courts
to tread on questions
such as those involving
a particular custom
which,whileessentialto
a religion, happens to be
violative of fundamental
rights.
“It is time that this
court should evolve a
judicial policy befitting
its plenary powers to do
substantial and complete
justice and for an authoritative
enunciation of the
constitutional principles
by a larger bench of not
less than seven judges,”
he said.
“It is essential to adhere
to judicial discipline
and propriety when more
than one petition is pending
on the same, similar
or overlapping issue in
the same court for which
all cases must proceed together.
Indubitably, a decision
by a larger bench
will also pave the way to
instil public confidence
and effectuate the principle
underlying Article
145(3) of the Constitution
(adjudication of constitutional
questions by a
bench of not less than five
judges),” he said.
In 2018, then CJI
Dipak Misra and Justices
A M Khanwilkar,
Nariman and Chandrachud
had all veered to the
conclusion that women
of all ages be allowed to
enter Sabarimala as the
custom barring females
in the 10-50 age group
smacked of a gender bias
that violated the right to
equality.

The International News Weekly November 15, 2019 | Toronto 12
Mr Gandhi Needs To Be More
Careful: Supreme Court
New Delhi: The Supreme
Court on Thursday
chided former Congress
chief Rahul Gandhi
for going overboard in
making statements that
the SC had endorsed
his Rafale deal-linked
‘chowkidar chor hai’ jibe
at Prime Minister Narendra
Modi during election
campaigns and said “certainly
Gandhi needs to be
more careful in future”.
While the decision on
the contempt petition initiated
by BJP MP Meenakshi
Lekhi was rendered
by CJI Ranjan Gogoi and
Justice Sanjay K Kaul,
Justice K M Joseph in a
concurrent 75-page judgment
did not utter a word
about contempt proceedings
against Rahul except
saying: “I agree with Justice
Kaul.”
Justice Kaul, also
writing on behalf of CJI
Gogoi, dealt with the contempt
case against Rahul
in less than four pages
and dropped contempt
proceedings against him
by accepting his belated
unconditional apology.
Earlier, Rahul had said
that ‘chowkidar chor
hai’ jibe was hurled in a
“rhetorical flourish in the
heat of the moment” and
that his statement had
been used and misused
by his political opponents
to project that he had deliberately
attributed the
utterances to the SC. But
he soon followed it up by
tendering an unconditional
apology and said
the attribution to the SC
was “unintentional, nonwilful
and inadvertent”.
It is the latter affidavit
which saved Rahul from
contempt.
The apex court said:
“It’s unfortunate that
without verification
or even perusing as to
what is the order passed,
the contemnor (Rahul)
deemed it appropriate to
make statements as if this
court had given an imprimatur
to his allegations
against the prime minister,
which was far from
the truth.
This is not one sentence
or a one off observation
bit a repeated
statement in different
manners conveying the
same.
New Delhi: The Supreme
Court’s clean chit to the Rafale
deal is a major win for PM Narendra
Modi who made transparency
in defence contracts a major
poll issue while attacking the
Congress regime’s controversies
like AgustaWestland and Pilatus
besides 2G and Coalgate.
The battle over Rafale, a key
issue raised by Congress MP Rahul
Gandhi before and during
the Lok Sabha campaign, was a
concerted effort by the main opposition
to dent Modi’s sheen and
allege favouritism to industrialist
Anil Ambani, subversion of
procedures and cost escalations.
The charges of wrongdoing
gathered more momentum than
anticipated and the government
hit back, saying the claim that a
UPA-era “deal” was cheaper was
out of place as UPA failed to seal
a contract despite years of negotiations
while the IAF’s need for
a new fighter grew more urgent.
The matter was heard threadbare
by the SC, which, after initially
saying that it will not look
at the cost, did so with the government
providing an itemised
break-up in sealed cover.
The court upheld the deal on
procedures too with the government
detailing negotiations and
pointing out that UPA failed
to resolve differences between
Rafale maker Dassault and
HAL over man hours and costs
for production of the fighter in
India.
The CAG too held that the
Modi government’s claim to a superior
deal with regard to costs
was correct even though savings
— as compared to terms under
negotiation (which were not
completed) during UPA — were a
shade under 3% and not the 9%
as claimed by the defence ministry.
Congress’ case was hurt by
Rahul’s claim of a three-fold cost
escalation as compared to UPA,
a charge that would always be
hard to sustain.
Not all in Congress ranks
were convinced of the utility of
the claim and some leaders saw it
as an “overpitch”, but the opposition
leader insisted on making
it his punchline, holding up aircraft
models during roadshows
to emphasise the point.
Modi attacked Congress and
the Gandhis, saying “every middleman
is linked to one family”.
The PM’s poll rallies were generously
peppered with references
to UPA scams and often linked
alleged corruption in defence to
“politicisation” of action against
terror.
“Tensions were deliberately
No doubt the contemnor
should have been
more careful.”
The three-judge bench
said Rahul compounded
his problem by filing a 20-
page affidavit rather than
simply accepting the mistake
coupled with an unconditional
apology. “We
do believe that persons
holding such important
positions in the political
spectrum must be more
careful.
As to what should be
his campaign line is for a
political person to consider.
However, this court or
for that matter no court
should be dragged into
this political discourse
valid or invalid, while attributing
aspects to the
court which had never
been held by the court.
Certainly, Mr Gandhi
needs to be more careful
in future,” it said.
Accepting the unconditional
apology tendered
in his second affidavit,
the court said since better
sense has prevailed,
“we would not like to continue
these proceedings
further and, thus, close
the contempt proceedings
with a word of caution for
the contemnor to be more
careful in future”.
Court’s second clean chit on Rafale a big boost for Modi
created in organisations such as
IB and RAW,” he said, pointing to
investigation of the Ishrat Jahan
encounter case which almost led
to a senior RAW officer’s arrest.
The case for a review of SC’s
Rafale order was based on documents
such as dissent notes by
members of the negotiating team
and concerns over parallel track
followed by the PMO.
The redaction of then defence
minister Manohar Parrikar’s
comments hurt the arguments
while the Centre pointed out that
the same team members finally
signed off on the price negotiations
sent to the CCS.
The CAG in its report emphasised
that the cost analysis
was necessitated only because
the negotiating team was given a
political directive that the price
needed to be improved.
The SC on Thursday repeated
its imprimatur, upholding that
the reworked Rafale deal for purchase
of 36 fighters was indeed a
better buy.