Congress banned 'Akhand Bharat' calls, but free speech for 'tukde tukde': Jaitley
New Delhi, July 6 : Union Minister Arun Jaitley on Friday attacked the Congress for amending the Constitution in 1951 to restrict Syama Prasad Mookerjee from advocating 'Akhand Bharat' whereas currently it finds calls for 'tukde tukde' a "legitimate free speech".
"The first amendment to the Constitution in 1951 and the 16th amendment in 1963 imposed further conditions on the Right to Free Speech," Jaitley said in a Facebook post on the 117th birth anniversary of Mookerjee, founder of Bharatiya Jan Sangh, the predecessor of BJP.
Jaitley said then Prime Minister Jawaharlal Nehru was against idea of 'Akhand Bharat' (Greater or Undivided India) as he thought it would lead to wars. With no scope to contain Mookerjee from advocating the casue, Nehru went ahead with the first amendment of the Constitution.
"The restriction (brought by the first amendment) is very broadly worded. It empowers the State to prohibit free speech if it adversely impacts 'friendly relations with foreign states'. The State can even make the exercise of speech in this regard as a penal offence," Jaitley said.
Mookerjee was one of the key advocates of a united India which he referred to as 'Akhand Bharat'.
Two days before the "Nehru-Liaquat Pact" was to be signed in April 1950, Mookerjee, who was Industry Minister in the First Cabinet as a Hindu Mahasabha representative, resigned from the Cabinet in protest and took strong public position against the "Nehru-Liaquat Pact", Jaitley noted.
"Nehru over-reacted to Mookerjee's criticism. He interpreted the very idea of 'Akhand Bharat' as an invitation to conflict since the country could not be reunited other than by war," the BJP leader said.
Mookerjee, on the contrary, claimed that Pakistan wanted a war and was already at war with India having captured part of its legitimate territory of Jammu and Kashmir and, therefore, to suggest that his speeches on 'Akhand Bharat' would lead to a war was not acceptable.
"The paradox in our jurisprudential evolution is that we have applied a different yardstick to those who want to dismember India and commit an offence of sedition. This debate recently came into forefront during the 'tukde tukde' agitation at the Jawaharlal Nehru University."
Jaitley said a 1962 judgement of the Supreme Court in Kedarnath Singh's case was repeatedly cited in which the court interpreted Article 124(A) of the IPC to mean that utterances would be punishable only if it intended to incite violence and a speech per se advocating disintegration would not be sedition unless the element of violence was apparent.
"In the past 70 years, this country has witnessed a change in the situation where Nehru amended the Constitution so that a demand for 'Akhand Bharat' could incite a war and therefore should be prohibited. On the contrary, we all were told that to advocate a breakup of the country without inciting violence is legitimate free speech," Jaitley said.
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'Godman' Kharat held in 8th sexual exploitation case; court denies police remand, sends him to jail
Nashik (PTI): Police took custody of self-proclaimed godman-cum-astrologer Ashok Kharat in an eighth case related to sexual exploitation of women and produced him before a Nashik district court which sent him to jail till May 12 after rejecting the plea for his police remand on Thursday.
On April 29, the Special Investigation Team (SIT) of the Nashik police in north Maharashtra filed a request application in the court demanding Kharat's custody in the eighth case.
After the court granted them the necessary permission, the SIT took custody of Kharat, who was in jail in connection with the seventh case of sexual exploitation registered against him.
The 'godman', named in a dozen FIRs related to rape and financial fraud, was produced before Chief Judicial Magistrate B N Ichpurani in the eighth case through video conferencing due to security reasons.
The eighth case related to Kharat allegedly sexually exploiting a woman who had approached him in search of solutions to her family problems, according to police.
During the hearing, the prosecution demanded police custody of the accused in the latest case.
However, the defence strongly opposed the demand and argued that the SIT was giving same reasons for police custody every time and there was no strong reason for accepting their plea.
The court accepted the argument put forth by the defence and remanded Kharat to judicial custody till May 12 in the eighth case.
The SIT will produce Kharat in the court on Friday again and seek his police custody in the ninth case. As the self-styled godman has been granted judicial custody in the eighth case, he will be sent to Nashik Road Central Jail and the SIT will take his custody from there.
Meanwhile, Kharat's judicial custody in the fourth case ended on Thursday. On April 18, the accused was remanded to judicial custody till April 30 in the fourth case of sexual exploitation of women.
In a related development, the SIT conducted a search at Kharat's office in the 'Canada Corner' area of Nashik city on Wednesday. A 'panchnama' (record of search and seizure proceedings) was conducted and the office was locked and sealed again.
Kharat, a well-heeled man with political connections, was arrested for the first time on March 18 after a woman alleged he had repeatedly raped her for three years.
He is accused of sexually exploiting several women by claiming to have divine powers and knowledge of black magic, and also committing large-scale financial fraud.
The SIT is conducting a probe into 12 cases of sexual exploitation and financial fraud registered against the astrologer in Nashik and Ahilyanagar districts.
