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Interim justice: A study in contrasts
Interim justice: A study in contrasts

Time of India

time2 days ago

  • Politics
  • Time of India

Interim justice: A study in contrasts

V. Raghunathan is a former Director of the Schulich School of Business (India Program), York University, Toronto, a former professor at IIM Ahmedabad and a former President of ING Vysya Bank. A prolific author, he has written over 15 books, including the national bestseller Games Indians Play (Penguin). With more than 600 published papers and articles, his latest books include The Lion, The Admiral, and A Cat Called B. Uma Vijaylakshmi (Westland, 2025) and To Every Parent; To Every Child (Penguin, 2025) and Irrationally Rational: 10 Nobel Laureates Script the Story of Behavioural Economics (Penguin 2022), among others. LESS ... MORE Justice HR Khanna, the eminent judge, jurist and advocate, renowned for his unwavering commitment to civil liberties and constitutional principles, firmly believed in the public's right to critique judicial decisions. Even in his autobiography, Neither Roses Nor Thorns, Justice Khanna emphasized the significance of dissent and open dialogue in a democratic society. He argued that the judiciary should not be immune to criticism and constructive scrutiny by the public, which serves to strengthen the legal system. His legacy, shaped indelibly by his historic dissent in the ADM Jabalpur case, has become a lodestar for those who seek to reconcile judicial authority with democratic accountability. Justice Sanjiv Khanna, during his recent tenure as Chief Justice of India—an office he vacated only last fortnight—also underscored these values. While reiterating the judiciary's accountability to the Constitution and the rule of law, he affirmed that the judiciary must remain answerable to the Constitution and the rule of law, while underscoring a crucial truth: 'Public trust has to be earned; it can't be commanded.' This underscores the fundamental principle of democracy, namely, that it is not merely the legal mandate by which judicial authority is served, but it is by public's trust in honesty, moral credibility and fairness of judiciary. In this broader constitutional context, two recent Supreme Court interventions—the cases of Professor Ali Khan Mahmudabad and Madhya Pradesh minister Vijay Shah—provide a compelling lens through which to examine the Court's application of constitutional protections and the principle of equal treatment before the law. Both cases related to the two individual's comments on 'Operation Sindoor'–– two women officers as spokespersons––and both causing public outrage, culminating in judicial oversight. Yet, how the two cases were treated by the highest judiciary reveals some stark inconsistencies. Professor Mahmudabad, a respected academic and historian at Ashoka University, was arrested for a social media post which made some critical comments on the Operations Sindoor, represented by two women officers, Col. Sofiya Qureshi and Wg. Cdr. Vyomika Singh. Though many interpreted his comments as thoughtful and critical, even if intellectually provocative, it reflected India's secular values, the state considered them inflammatory. He was detained under laws governing incitement and enmity. In the end, while the Supreme Court granted him interim bail, it did so with significant caveats. The Court reprimanded him, restricted further public commentary on the issue, and ordered the seizure of his passport. Additionally, the investigation was allowed to proceed under the supervision of a Special Investigation Team (SIT) of three IPS officers. This dual response—procedural protection coupled with explicit disapproval—invites reflection. Was the Court performing a balancing act between protecting civil liberties on the one hand and appeasing public sentiment around national security on the other? Or was this simply a pandering to public sentiment, reinforcing the narrative that freedom of expression can be selectively applied or curtailed at whim, when it goes against majoritarian sensitivities? For many observers, including this author, Professor Mahmudabad's post hardly breached the boundaries of responsible public discourse. One may be pardoned for the perception that had the same post been made by any of the majority of the country's population, the matter would not have raised so much as a judicial eyebrow. That the Hon'ble Court considered it necessary to censure and restrict the Professor's freedom suggests a growing discomfort with dissent, even when couched in reasoned argument. In stark contrast, Vijay Shah, the Madhya Pradesh Tribal Welfare Minister, made openly communal and derogatory remarks targeting Colonel Sofiya Qureshi, one of the officers associated with Operation Sindoor communications. His comments were widely condemned as unbecoming of a constitutional functionary and prompted the Madhya Pradesh high court to direct that an FIR be filed against him. When the matter reached the Supreme Court, it too criticised Shah's remarks in strong terms, noting that such language from a public official brought shame to the country. Yet, in contrast to its treatment of Mahmudabad, the Court stayed Shah's arrest pending investigation, while ordering the formation of another SIT to conduct the probe. The disparity here is not merely procedural but constitutional. An academic was arrested, censured, and effectively silenced and seemingly, a message sent out to the academic community at large, for a post that questioned political messaging; a politician was allowed to evade immediate legal consequences for blatantly divisive and communal speech. The implications for equality before the law are troubling. It seems that that the Professor's post was misinterpreted as his disloyalty to the nation due to his identity, background, and presumed ideological stance, while Shah's inflammatory pomposity was buffered by the institutional privileges and political patronage afforded to him as a minister. This raises a difficult question: are constitutional rights contingent on who exercises them? Constitutionally, secularism and freedom of expression are supposed to be universal guarantees; on the ground, these cases suggest they are not equitably treated. The perception of some tilt in judicial response risks undermining public perception and faith in legal impartiality and the integrity of democratic governance. Moreover, the public perception—which lies at the heart of the controversy surrounding Mahmudabad's reference to 'optics'—is hard to overlook, as the unfolding events appear to validate it in real time. His arrest, passport confiscation, and travel restrictions convey a chilling message to academics and dissenting voices. In contrast, the court's relatively restrained stance toward Shah, despite the explicitly communal tenor of his remarks (and a likely pattern of sexist commentary), risks sending an inadvertent signal: that political incivility is more tolerable when it comes from positions of power. How do these two cases measure up on the scales of our Lady Justice—now seemingly unblinded? If the lady were to be witness to how these two cases have been treated, would she not instinctively flinch? At least in the eyes of the public, if not in those of Lady Justice, perhaps the stark contrast between the two cases––a minority academic and a majority minister; between a critical intellectual and a provocative politician; between one whose language was dissected for intent and another whose video evidence was overlooked for arrest––only reinforces why the blindfold was essential: to ensure that justice is dispensed without regard to identity, status, or power. In conclusion, these contradicting rulings suggest the need for introspection within the judiciary. For India to honour its constitutional commitments to secularism, equality, and individual liberty, its institutions—above all, the judiciary—must uphold a uniform and impartial standard. Justice must not only be done but must be seen to be done—without fear, favour, or the shadow of political expediency. Facebook Twitter Linkedin Email Disclaimer Views expressed above are the author's own.

Ontario launches $3.1-billion critical minerals plan
Ontario launches $3.1-billion critical minerals plan

Hamilton Spectator

time7 days ago

  • Business
  • Hamilton Spectator

Ontario launches $3.1-billion critical minerals plan

Ontario's new $3.1-billion plan for a critical minerals supply chain created in partnership with First Nations is raising concerns about weakened environmental protections and inadequate Indigenous consultation. Announced Wednesday , the provincial initiative will create a 'made-in-Ontario' supply chain and boost First Nations equity, according to the government. But critics say environmental protections and First Nations consultation will be sidelined in the rush to develop the Ring of Fire — a vast region about 500 kilometres northeast of Thunder Bay. The new provincial funding includes $3 billion in loan guarantees through an expanded First Nations Opportunities Financing Program, $70 million over four years to strengthen First Nations capacity in mining-related regulatory processes, and $10 million in scholarships for First Nations students pursuing careers in resource development. 'Ontario's vast supply of critical minerals are at the heart of our plan to protect Ontario,' said Finance Minister Peter Bethlenfalvy. 'By investing to unlock and process these minerals here in Ontario in partnership with Indigenous communities, we can make Ontario the top global hub of critical mineral development and protect our economy, workers and communities for decades to come.' The Ford government says the investment will drive economic growth and support reconciliation by creating opportunities for First Nations communities and northern hubs, such as Thunder Bay, Sault Ste. Marie, Sudbury, North Bay, and Timmins. The supply chain announcement comes just days after the province introduced Bill 5 — legislation to fast-track mining and infrastructure. However, critics warn the legislation will weaken the process of environmental reviews. The province says its latest critical minerals investment is part of its $230-billion budget , tabled last week — a plan that drew criticism for prioritizing industrial expansion over affordability, climate action, and First Nations rights. With a record $14.6-billion deficit, the budget focuses heavily on countering US President Donald Trump's Ontario government has launched a $3.1-billion critical minerals plan that includes Indigenous partnership, but critics say environmental protections and First Nations consultation will still be sidelined in the rush to develop the Ring of Fire. Environmental concerns and First Nations rights Dayna Scott, professor and York University research chair in environmental law and green economy justice, argues that the government has yet to show how its promises of First Nations prosperity are being fulfilled.'The Ford government has been struggling to figure out just where the 'Indigenous prosperity' link is in its dream to build a fully 'in Ontario' critical minerals supply chain,' Scott said. 'Lots of other interests have benefitted – they have given out billions for battery gigafactories, they promise $1 billion to 'de-risk' a nickel mine for a privately-held Australian mining company by building their road, they are doling out mineral exploration tax credits.'Scott said remote First Nations communities in the Ring of Fire have yet to see real benefits from Ontario's mining push, with many still lacking clean drinking water, adequate housing and proper health services — and that offering loans for equity stakes in mining projects is not enough, especially when basic community needs remain emphasized the cultural and ecological sensitivity of the Ring of Fire, which is home to globally significant peatlands and boreal forests that store massive amounts of carbon. 'It is a ticking carbon bomb, basically,' she also questioned whether the investment respects the right to free, prior and informed consent as outlined in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) . 'When Indigenous nations have the power to provide — or withhold — consent to major projects proposed for their territories, then we will know whether they freely consent to extractive activities or not.' Industry: 'A Strategic Opportunity' Since his election, Premier Ford has made developing the Ring of Fire a central part of Ontario's critical mineral strategy. The region holds a 5,000-square-kilometre deposit of key minerals needed for electric vehicles and renewable energy technologies. It also contains one of the world's largest peatlands — storing roughly 26 gigatons of carbon, and playing a key role in reducing global greenhouse gas US President Donald Trump announced tariffs on Canadian exports, Ford has doubled down on fast-tracking mineral projects, arguing Ontario must become more self-reliant in a time of economic uncertainty. The government says speeding up development is crucial to securing supply chains and shielding the province from global trade part of its 2025 budget, the province is also investing $500 million in a critical mineral processing fund to build strategically located facilities for processing key minerals like lithium, cobalt, and graphite, aiming to strengthen Ontario's role in the global clean tech and electric vehicle supply Beiser, journalist and author of Power Metal : The Race for the Resources That Will Shape the Future, welcomed the investment in principle and emphasized the importance of ensuring First Nations communities benefit from that development. 'It makes sense to develop and refine these resources at home, especially in a time of trade tension with the US,' he said. Beiser stressed that Canada has real leverage due to its mineral wealth and should strengthen its position in extraction and processing. 'Critical minerals are one of our leverage points. We're the biggest supplier of certain metals to the United States, and they really rely on us.'Beiser also praised the scholarships for First Nations students pursuing careers in resource development and said the mining sector will increase employment of First Nations workers. However, he warned the province must also invest in refining capacity, not just extraction.'Countries like Indonesia have shown how profitable it can be to process and refine minerals locally, not just export raw materials.'As for challenges to scaling up critical minerals projects in Ontario, Beiser pointed to two major barriers: regulation and infrastructure. 'The industry always complains about red tape, and sure, it might make sense to loosen some rules — but not all,' Beiser said. 'But the bigger issue is infrastructure. The Ring of Fire is incredibly remote and hard to access. That physical reality makes development difficult, no matter how much mineral wealth is in the ground.'

Ontario launches $3.1-billion critical minerals plan
Ontario launches $3.1-billion critical minerals plan

National Observer

time7 days ago

  • Business
  • National Observer

Ontario launches $3.1-billion critical minerals plan

Ontario's new $3.1-billion plan for a critical minerals supply chain created in partnership with First Nations is raising concerns about weakened environmental protections and inadequate Indigenous consultation. Announced Wednesday, the provincial initiative will create a 'made-in-Ontario' supply chain and boost First Nations equity, according to the government. But critics say environmental protections and First Nations consultation will be sidelined in the rush to develop the Ring of Fire — a vast region about 500 kilometres northeast of Thunder Bay. The new provincial funding includes $3 billion in loan guarantees through an expanded First Nations Opportunities Financing Program, $70 million over four years to strengthen First Nations capacity in mining-related regulatory processes, and $10 million in scholarships for First Nations students pursuing careers in resource development. 'Ontario's vast supply of critical minerals are at the heart of our plan to protect Ontario,' said Finance Minister Peter Bethlenfalvy. 'By investing to unlock and process these minerals here in Ontario in partnership with Indigenous communities, we can make Ontario the top global hub of critical mineral development and protect our economy, workers and communities for decades to come.' The Ford government says the investment will drive economic growth and support reconciliation by creating opportunities for First Nations communities and northern hubs, such as Thunder Bay, Sault Ste. Marie, Sudbury, North Bay, and Timmins. The supply chain announcement comes just days after the province introduced Bill 5 — legislation to fast-track mining and infrastructure. However, critics warn the legislation will weaken the process of environmental reviews. The province says its latest critical minerals investment is part of its $230-billion budget, tabled last week — a plan that drew criticism for prioritizing industrial expansion over affordability, climate action, and First Nations rights. With a record $14.6-billion deficit, the budget focuses heavily on countering US President Donald Trump's tariffs. The Ontario government has launched a $3.1-billion critical minerals plan that includes Indigenous partnership, but critics say environmental protections and First Nations consultation will still be sidelined in the rush to develop the Ring of Fire. Environmental concerns and First Nations rights Dayna Scott, professor and York University research chair in environmental law and green economy justice, argues that the government has yet to show how its promises of First Nations prosperity are being fulfilled. 'The Ford government has been struggling to figure out just where the 'Indigenous prosperity' link is in its dream to build a fully 'in Ontario' critical minerals supply chain,' Scott said. 'Lots of other interests have benefitted – they have given out billions for battery gigafactories, they promise $1 billion to 'de-risk' a nickel mine for a privately-held Australian mining company by building their road, they are doling out mineral exploration tax credits.' Scott said remote First Nations communities in the Ring of Fire have yet to see real benefits from Ontario's mining push, with many still lacking clean drinking water, adequate housing and proper health services — and that offering loans for equity stakes in mining projects is not enough, especially when basic community needs remain unmet. Scott emphasized the cultural and ecological sensitivity of the Ring of Fire, which is home to globally significant peatlands and boreal forests that store massive amounts of carbon. 'It is a ticking carbon bomb, basically,' she said. She also questioned whether the investment respects the right to free, prior and informed consent as outlined in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). 'When Indigenous nations have the power to provide — or withhold — consent to major projects proposed for their territories, then we will know whether they freely consent to extractive activities or not.' Industry: 'A Strategic Opportunity' Since his election, Premier Ford has made developing the Ring of Fire a central part of Ontario's critical mineral strategy. The region holds a 5,000-square-kilometre deposit of key minerals needed for electric vehicles and renewable energy technologies. It also contains one of the world's largest peatlands — storing roughly 26 gigatons of carbon, and playing a key role in reducing global greenhouse gas emissions. Since US President Donald Trump announced tariffs on Canadian exports, Ford has doubled down on fast-tracking mineral projects, arguing Ontario must become more self-reliant in a time of economic uncertainty. The government says speeding up development is crucial to securing supply chains and shielding the province from global trade instability. As part of its 2025 budget, the province is also investing $500 million in a critical mineral processing fund to build strategically located facilities for processing key minerals like lithium, cobalt, and graphite, aiming to strengthen Ontario's role in the global clean tech and electric vehicle supply chains. Vince Beiser, journalist and author of Power Metal: The Race for the Resources That Will Shape the Future, welcomed the investment in principle and emphasized the importance of ensuring First Nations communities benefit from that development. 'It makes sense to develop and refine these resources at home, especially in a time of trade tension with the US,' he said. Beiser stressed that Canada has real leverage due to its mineral wealth and should strengthen its position in extraction and processing. 'Critical minerals are one of our leverage points. We're the biggest supplier of certain metals to the United States, and they really rely on us.' Beiser also praised the scholarships for First Nations students pursuing careers in resource development and said the mining sector will increase employment of First Nations workers. However, he warned the province must also invest in refining capacity, not just extraction. 'Countries like Indonesia have shown how profitable it can be to process and refine minerals locally, not just export raw materials.' As for challenges to scaling up critical minerals projects in Ontario, Beiser pointed to two major barriers: regulation and infrastructure. 'The industry always complains about red tape, and sure, it might make sense to loosen some rules — but not all,' Beiser said. 'But the bigger issue is infrastructure. The Ring of Fire is incredibly remote and hard to access. That physical reality makes development difficult, no matter how much mineral wealth is in the ground.'

Sudburians don the ‘spiritual armour of Ukrainian people'
Sudburians don the ‘spiritual armour of Ukrainian people'

Hamilton Spectator

time21-05-2025

  • General
  • Hamilton Spectator

Sudburians don the ‘spiritual armour of Ukrainian people'

The third Thursday of May is Vyshyvanka Day, not just in Ukraine but anywhere you find Ukrainians. Sudbury has a strong Ukrainian heritage and presence. The signs at the corner of Paris and Elm in Hnatyshyn Park called World Vyshyvanka Day's embroidered shirts 'the spiritual armour of Ukrainian people.' It isn't a holiday but an expression of cultural identity. It is relatively new but does predate the war in Ukraine. In 2006, students at Yuriy Fedkovych Chernivitsi National University proposed dedicating one day each year to this effort. Now, I am told, people wear the decorated blouses to the office, in banks, at school and, in fact, everywhere. Rather than having it as a Saturday event, this demonstrates it is a part of everyday life. 'We have been doing this for many years to keep up the tradition,' said Taras Martyn, organizer of the event. He also lives at the Ukrainian Centre and is on the board of directors. 'Vyshyvanka is the visual icon of our people. It is international and now quite a statement of solidarity. You are wearing your country. I have a closet full of them.' Different regions of the country have unique colours and patterns. 'White linen was the background; now it is on any surface.' Myron Baryckyj may have a Ukrainian surname but grew up in Sudbury; he went to York University, worked in southern Ontario but returned to Sudbury some years ago. Interestingly, he is actually English and Dutch. 'I was adopted into a Ukrainian family,' Baryckyj explained. 'I have embraced the world that welcomed me. I learned the language, I was in the choir and my adoptive mother taught language school on Saturdays and Tuesday evenings. 'I think I know just about everyone in our community. I have my linen shirt and I think my mother may have put it together.' The cuffs, too, sport the decorative element. The turnout for the event grew after 4:30 p.m. and it became quite a party with attendees of all ages. 'It is now after work so people can come,' said Sandra Sharko, president of the Ukrainian Centre. 'We have a lot of newcomers. Many new families – over 200 - moved here in the first year and a half of the war. We are still collecting support for humanitarian aid.' A bench and signage was set up for photos. Some were posting to social media and even sending pictures back to their homeland. Naturally, coffee and cookies were offered. Check out the Ukrainian Seniors Sudbury FaceBook page for future events. Activities include the Blueberry Festival, the Garlic Festival and much more. The Local Journalism Initiative is made possible through funding from the federal government. Bluesky: @ X: @SudburyStar

Stationery is quietly making a come back
Stationery is quietly making a come back

Spectator

time21-05-2025

  • General
  • Spectator

Stationery is quietly making a come back

All of a sudden, our local stationery shop – the Write Stuff – has grown a shelf labelled 'Letter Writing & Correspondence: Original Crown Mill'. And there, in ranks, are pads of beautiful writing paper – vellum and laid, cream or white, A4 or A5 – plus boxed writing sets, decorated top and bottom with flowers and/or butterflies. All with colourful envelopes to match. 'Goodness!' I said to Antonia, who owns the shop. 'Who is writing letters these days?' 'The young,' she said. I was astonished and charmed. Immediately, I bought a pad of Original Crown Mill Laid (Finest quality since 1870) and decided to write to the granddaughter currently studying philosophy at York University, whom I rarely see or hear from.

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