Judiciary has no right to give verdict on religious issues: Justice Santosh Hegde
Bengaluru, October 30: Former Supreme Court Judge Justice N Santosh Hegde opined that the judiciary has no right to give verdict on religious issues as they have to respect the community rights in a democratic system.
Speaking at a symposium on the impact of Supreme Court verdicts on socio-economic and political fields in the country, here on Tuesday, Justice Hegde said that in recent years, the courts have been giving judgements beyond their limitations. Fifteen days back, the Supreme Court has taken up two important issues like allowing women to Shabarimalai temple and Rama Mandir. But the religious issues should be left to the community or society. Interference of courts in such issues was not acceptable, he said.
“The courts should give interim verdicts on religious issues and then, they should direct the Legislative and Executive to solve the problem by giving time to decide what is wrong and what is not. The recent Supreme Court verdict on banning crackers is also out of its purview. Crackers have been bursting in the country since many years. There was no need for court intervention in this issue. It could have directed the Legislature to manufacture green crackers and distribute them”, the Justice said.
When Kings were ruling the country, there was no option for the subjects to speak against the rulers. Even after the independence, there was no freedom for courts to give verdicts against the governments. But later, the judiciary had become stronger. There was a good opinion on the Supreme Court in the country as well as in abroad. But the recent incident of three SC Judges’ press conference had affected the reputation of the Apex Court and it was not a good development. He was proud for working for more than 35 years in the judiciary. But he was not happy for the present developments, he said hoping that the glory of the Supreme Court would return in future.
Political analyst Prof Sandeep Shastry said that the Judiciary has to intervene if the Legislature and Executive failed in their responsibility. But in India, the system was in ICU. So, the Supreme Court has to work as a doctor. Both the estates of the country should get fast recovery. The ruling and opposition parties have been trying to keep the system in ICU for their personal gains. So, they were against to take many issues front. Emotional issues like Shabarimalai and Rama Mandir of Ayodhya would not have any solution from the courts, he added.
Bantwala first Grade College principal Dr Ajjakala Girish Bhat, Arts College principal Prof Malleshwarappa and others were present.
“After the establishment of the Supreme Court, it has given thousands of verdicts in favour of the general public and thus ensured the peace in the country. So, such a judicial system should remain forever. It should further strengthen the public belief and confidence on judiciary. Judges should not bring their personal agenda in the verdicts”.
- Justice N Santosh Hegde, Former SC Judge
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
