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Looking back at magnificent tenure of Justice Sanjay Karol at HP High Court

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Justice Sanjay Karol as Acting Chief Justice of HP High Court

Shimla: The Judge of the Punjab & Haryana High Court, Justice Surya Kant, has been appointed as the new Chief Justice of the Himachal Pradesh High Court. He would be taking the charge soon. Justice Kant started practising law at the District Courts, Hisar, in 1984 and moved to Chandigarh in 1985 to practice at the Punjab and Haryana High Court. He was designated as Senior Advocate in March 2001. He also held the office of Advocate General, Haryana, till his elevation as a Permanent Judge to the Punjab and Haryana High Court on January 09, 2004.

The time is right to look back at the tenure of Acting Chief Justice and the functioning of the Hon’ble High Court in the past year under his leadership.

Justice Karol belongs to Garli village, Tehsil Dehra Gopipur in District Kangra of Himachal Pradesh.

He was born in Shimla on August 23, 1961. He is an alumnus of the St. Edward School, Shimla, and graduated with Honours in History from Government Degree College, Shimla.

He obtained a Degree in Law from H.P. University, Shimla and enrolled as an advocate in the year 1986.

He had assumed the charge of the office of the Acting Chief Justice of the State High Court on April 25, 2017.

India has had many brilliant judges but few amongst them became great. A brilliant judge might know the law to its minutest detail, but a great judge knows ‘justice’ and the spirit that it posses. The road to greatness is paved by compassion, kindness and a seeking for truth. With empathy in heart and sensitivity in mind, Justice Karol has been setting an example for us of how human dignity and compassion is to be practised, not just through his judgements but also through his acts of kindness and compassion in normal life situations.

Justice Karol is greatly admired for encouraging the young lawyers and welcoming them to the profession with open arms. The Hon’ble Justice is also known for his work in public interest litigation since assuming the charge of Acting Chief Justice of Himachal High Court. The greatest change which the Hon’ble judge brought was to accept letters of common people and convert it into public interest petitions, in case, those letters revealed miscarriage of justice and breach of fundamental rights.

In India, the first PIL was filed in the year 1976 – Mumbai Kamgar Sabha v. M/s Abdulbhai 1976 (3) SCC 832. The seed of the PIL was sown by Justice Krishna Iyer through this landmark judgement. Soon thereafter, with the efforts of Justice Bhagwati, the concept of the PIL evolved and developed to a great extent. The courts started accepting letters as petitions if they happen to disclose any violation of fundamental rights and matters of public importance.

Justice Bhagwati once said,

“Public interest litigation is essentially a cooperative or collaborative effort on the part of the petitioner, the State or public authority and the Court to secure observance of the constitutional or legal rights, benefits and privileges conferred upon the vulnerable sections of the community and to reach social justice to them. The State or public authority against whom public interest litigation is brought should be as much interested in ensuring basic human rights, constitutional as well as legal, to those who are in a socially and economically disadvantaged position, as the petitioner who brings the public interest litigation before the court. The State or public authority which is arrayed as a respondent in public interest litigation should, in fact, welcome it, as it would give it an opportunity to right a wrong or to redress an injustice done to the poor and weaker sections of the community whose welfare is and must be the prime concern of the State or the public authority.”

The importance of strengthening such a practice of Letter Petitions as PILs in a state like ours was absolutely necessary. Himachal has poor people, farmers, and large parts of villages are backward, hence, the judicial process for most of the people in the state is incomprehensible or costly to pursue. This has led to unchecked human rights violations and also large scale unchecked environmental degradation. The Hon’ble High Court in the past year has done extensive work in taking up the fundamental rights and environmental issues of poor and downtrodden, even if they have been addressed by way of letters.

The Acting Chief Justice during his tenure has dealt with issues of public importance and made efforts with the tool of Public interest litigation for the realisation of the dreams of our Constitution. His orders and judgements cover the whole spectrum of issues, such as:

  • Landmark order for ‘right of sanitation’ and directing the state for construction of public toilets at highways
  • A landmark judgement in Directing payment of unpaid salaries of nurses, which was unpaid for months
  • Landmark judgement for removing discrimination against married women in matters of employment
  • Protection of trees through technology, use of RFID, Drones and Satellites
  • Protection of wetlands, the direction was given for the creation of a wetland authority, which facilitated funds to the state from centre
  • Directions for Checking illegal mining
  • Protection of rivers from the illegal running of dams
  • Providing compensation to the families of road accident victims or to families who suffered an act of criminal violence
  • Thinking about hemp and medical cannabis as an alternative source of income to farmers and as a mode to curb drug market
  • Deliberating upon police reforms, directing the installation of cameras in the prisons to check human right violations. Also directing the Advocate general to re-look at H.P police Act and bring it in consonance with the constitution
  • Reforms in the forest department especially the condition of forest guards
  • Several judgements on animal rights issues
  • Several directions for building roads, most importantly monitoring the construction of national highways
  • Several Directions for the protection of the UNESCO heritage sites, including a drive to clean up Shimla-Kalka railway
  • Several directions to tackle the garbage problems in various places in Himachal
  • Several directions to improve the medical facilities in the hospitals

To take up and decide the above-mentioned issues requires a spirit rooted in kindness, empathy and compassion. This kindness was not just limited to judgements but also in the pragmatic handling of real-life situations. During Shimla’s water crisis, alongside high-ranking state and municipal corporation officials, Justice Karol nearly spent all night inspecting operations at the water control rooms to ensure that they were working without any impediments. The court also gave orders that no special treatment be meted out to the VIPs during the time of crisis.

In an another and very recent incident, a milkman who fainted after suffering a seizure in the Lakkar Bazaar of Shimla was saved by the acting chief justice who helped the man reach the hospital in time. Justice Karol got out of his vehicle and directed the driver to take the man to the hospital immediately. He then simply begun to walk. It was an example of humbleness for those taking perks of the VIP culture.

We spoke to a High Court lawyer, Advocate Deven Khanna, who as an amicus has assisted the court in various matters.

The most significant work of the acting chief was the focus on Access to justice. Without the ‘access’ or means of accessing justice, the constitution is redundant. Once the constitution is triggered, then only fundamental rights can be realised. Public interest Litigations is the tool that the Acting Chief has used to democratise the judicial process. The court has essentially said that justice does not only belong to the rich people, corporates and governments (who take up most of the litigation time in courts), it primarily belongs to the poor. The poor can write a letter or get legal aid or get assistance from an amicus currie, who on his behalf, will pray to the court on a violation of his most basic rights,

Deven told Himachal Watcher.

It is said that Article 32 was the most favourite article of the great B.R Ambedkar. He said that it is the soul of the constitution. When he was referring to Article 32, he actually meant ‘access to the courts’ in case fundamental rights are violated. Article 32, 226 and letter petitions are essentially the same and are the heart and soul of the constitution. It was visible in practice in the working of the Hon’ble Acting Chief Justice during last one year

, he added.

When the state has failed to protect the rights or has failed to do its duties, its the duty of the Superior Courts to step in and make sure that law of the land is not sabotaged and common man or the environment is not jeopardised,

he further added.

More about Justice Sanjay Karol

Including Hon’ble Supreme Court of India, he practised in various Courts in Constitutional, Taxation, Corporate, Criminal and Civil matters. He had appeared as Counsel in the Inter-State water Dispute (BBMB Project) in the Hon’ble Supreme Court of India.

He also discharged the constitutional duties as the Advocate General of Himachal Pradesh from 1998 to 2003. In the Year 1999, he was designated as Senior Advocate.

He remained on the Senior Panel for Central Government, Supreme Court of India. He was elevated as the Judge of the High Court of Himachal Pradesh on March 8, 2007. He also remained the Chairman of State High Court Legal Services Committee

Presently also discharging statutory duties as Executive Chairman of H.P. State Legal Services Authority and a member of the Board of Governors, Himachal Pradesh Judicial Academy.

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Students Arrested, Stone Pelting Breakout in Himachal: Is Internal Tension Required?

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Kashmiri Students in Himachal Pradesh

Shimla– Two students of the Dr Y. S. Parmar University of Horticulture, Nauni, in Solan district, were suspended following a complaint that these students were allegedly supporting the most dreadful suicide bombing in Pulwama district of Jammu and Kashmir on February 14, 2019.

The local police, following the complaint, detained both students, who hail from J&K. A local court sent them to a three-day remand, the district police confirmed.

As a case has been registered by the police against the two students of Jammu and Kashmir. The Deans of respective Colleges in which they were studying i.e. College of Forestry and College of Horticulture have on Monday suspended them,

a university official told Himachal Watcher, confirming the report.

Additional SP (ASP) Shiv Kumar Sharma also confirmed the news and identified two students as Peer Jada Tabish, a student of MSc first year, and Auqib Rasool, a BSc student. As per the SP, the action came following a complaint from the university authorities.

Reportedly, students of the university carried out a rally demanding the suspension of the students while shouting anti-Pakistan slogans. An FIR was registered under Section 153 B (imputations, assertions prejudicial to national-integration) and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC) against the two students.

On Saturday, local police had detained a Kashmiri student of Chitkara University, Baddi, over alleged comments on social media, supporting the suicide bomber.

The police department has reportedly asked all the universities to provide a list of all Kashmiri students enrolled in their respective institutes.

On Tuesday, as per a report by News 18, a scuffle was reported between two groups of students at Abhilashi Memorial Institute of Engineering and Technology in Mandi district. An unverified video of the scuffle was in circulation on social media sites. However, the police did not verify it as communal in nature. It was said to be just random groups of students, who might have clashed over their previous grudges.

Another news report said a panchayat in Mandi district has passed a resolution and asked Kashmiri citizens living in rented quarters to leave the panchayat. Some miscreants also pelted stones on their quarters. The Superintendent of Police, Mandi, Gurudev Sharma, however, said there was no injury or damage to private property and Kashmiris were safe.
Afraid after the stone pelting, they took shelter at police station Baldwara.

Similarly, there were reports from other States where some Kashmiri students were held for either supporting the terrorist attack, anti-national activities, or posting communally inciting posts/comments on social media.  Such incidents are working as a double-edged sword – infuriating the majority, as well as, making all Kashmiri students vulnerable to violence.  

As a result, other Kashmiri students in other parts are also facing widespread backlash. Reports said Kashmiri students were leaving hostels to return to their homes. 

As per The Hindu, over 300 students were said to have arrived at Jammu and Delhi to return to their homes in J&K after facing back-lash, especially from right wing groups. The report also quoted Kashmiri students alleging of receiving threats from right-wing outfits. 

Another report on The Hindu said that some local youth raised slogans against Kashmiri students studying in an engineering college in Panipat with a demand to expel them from the institute.

Regardless of the need of the hour, a large number of Kashmiri students enrolled in other States of India has come under the scanner of right-wing outfits.

A sort of communal tension is growing in the society, which is exactly what the terrorist outfits want. Harassment or boycott of Kashmiris would only make them more susceptible to separatist agenda.

The reports also suggested that natives of the valley were receiving warning from their landlords to evacuate their property, fearing vandalism.

As per a report, some right-wing outfits roughed up a dozen students in Dehradun and forced the Kashmiri girls to lock themselves inside hostel rooms.

Feeding over the distress and anguish among the people over the Pulwama massacre, the right-wing outfits are upto fueling the nationalist agenda they had been cultivating since last five years.

Patron media channels had straightway started demanding revenge through bigger surgical strike or a full-fledged attack on Pakistan. Hashtags like #BadlaKab trended on Twitter.  

Though the police did not confirm it, a video appeared on media websites showing a bunch of people allegedly assaulting Kashmiri labourers (Khans) in Kangra district of Himachal Pradesh, which also lost one of its bravehearts, Tilak Raj, in the attack. 

To deal with this problem, the J&K Police has established a helpline for the assistance of students and general public who are presently staying outside the state.

In case they find any difficulty. The students are advised to call for any kind of assistance on 0194-2451515,

said J&K police advisory. 

The Union Government has already issued warning to all states to ensure safety of Kashmiri students and citizens.

The J&K administration on Monday said that the local administration and college authorities have given full assurance about safety of the students.

The state administration is advising all the students and their parents, not to pay heed to any rumours, try to stay put at their respective places and contact the LOs or local police administration for help. The mobile numbers of LOs have already been distributed among the students,

a spokesman said.

The Union Government had defended the demonetization move by citing it as a deterrent to terrorism in the valley. The terrorist organizations would be financially drained, thus, rendered helpless, the government and the leaders of the ruling party had claimed.

However, there seems to be no let up in the situation. Terrorist activity and attacks have not declined. Instead, more encounters were reported in 2018. 

Terrorist incidents in J&K increased 177% over four years to 2018, from 222 to 614; 838 terrorists were killed over the last five years, a 134% increase from 110 in 2014 to 257 in 2018. As many as 339 security forces died–a 94% increase from 47 in 2014 to 91 in 2018–in 1,708 terrorist attacks over the five years ending 2018 in J&K,

the J&K minister of home affairs had stated in his reply in the Lok Sabha on February 5, 2019,

The fact that the suicide bomber responsible for the Pulwama attack was a home-grown terrorist is a big reason to worry. 

Stories regarding the suicide bomber suggest that while the young boy had already been inclined towards militant groups, his bad experiences with Indian forces or local police pushed him further to join Jaish-e-Mohhammed – the militant group that claimed the full responsibility for the Pulwama attack.   

Negativity would only fuel negativity, which J&K cannot afford right now. Indian Government will have to fight this war at International level to isolate Pakistan and convince other nations to cut supply of resources to Pakistan – a patron of these terrorist organizations.

The only way to ensure that no more lives are lost is to break the cycle of violence. As witnessed in the past couple of decades, the call for counter-violence has become a part of this vicious cycle. Ending terrorism in J&K depends on the will and vision of the political leaders of the country, and not in using defense forces to roast political cookies.

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Viral Video of Overloaded Bus in Sirmaur Points at Inadequate Transportation Service

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OVerloaded Bus In Sirmaur of Himachal Pradesh

Shimla-Overloading in private as well as the government buses in Himachal Pradesh, especially, in interior areas has always been a hazard. Despite several bus accidents that claim thousands of lives every year, there does not seem to be any let up in the situation.

As per the statement made in the State Assembly by the minister of the opposition party, MukeshAgnihotri, over 1200 lives were lost while thousands of others sustained injuries in various accidents across the Stateduring 2018.

While the government tries to justify itself over road accidents, a fresh picture and a video of an overloaded private bus are making rounds on the social media, raising questions over the efforts of the government to discourage overloading.

As per reports, this bus was on its way to Manva from Rajgarh in Sirmaur district on Tuesday. The bus was jam-packed and over a dozen passengers could be seen sitting on the roof of the bus. On a complaint, the local police intercepted the bus near the Forest Colony.

When the police counted passengers standing inside the bus and those sitting on the roof, it was found that the bus was carrying 95 passengers, excluding the driver and the conductor, against its seating capacity of 37.

However, when the police questioned the driver for grieve violation of traffic laws and endangering lives of the passengers, the driver argued that it was not only his bus that was overloaded, that this is a normal scene in all buses. The driver can be heard saying that government buses were also overloaded.

When police told the passengers to avoid traveling in overloaded buses, they replied that they don’t have any option, suggesting inadequate public transportation servicesas the cause. Police advised the people to approach their Sub-Divisional-Magistrate (SDM) to solve any problem relating to inadequate public transportation.

The Deputy Superintendent of Police, Rajgarh, DushyantSarpal, confirmed that the documents of the bus have been confiscated. He said the police has taken such actions on several occasions but the situation doesn’t get any better.

It’s notable that pictures of such overloaded buses keep appearing on social media. There is no dearth of examples that highlight flaunting of traffic laws and rules defined under the Motor Vehicle Act.

The school bus accident in Nurpur in April 2018, which claimed lives of 28 persons including two dozen children, had highlighted carelessness on the part of the government. However, the government washed its hands off putting all the blame on the driver, who had also died in the same accident.

In January 2019, seven children died when their school bus met with an accident in Renuka Ji, Sirmaur district. Later, during the investigation, it was found that the bus was too old with little mechanical maintenance. A magisterial probe cited mechanical fault as the cause of the accident.

Despite being in a poor state, the transportation authority permitted this bus to be operational.  Moreover, like in the Nurpur accident, there were no crash barriers of any sort of roadside-safety measures along that road.

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HW Exclusive: Dirt newbie Sushant Thapa and champion Suresh Rana on Motorsports

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Suresh Rana and Sushant Thapa of Himachal Pradesh

He is a ‘One Man Show’ and people know him as the King of Speed. From Raid de Himalaya to Desert Storm, SJOBA Thunderbolt Rally, Arunachal Speed Fest, Dakshin Dar and many more, there is nothing that has not been written about the Motorsports champion Suresh Rana.

Born and brought up in Kullu District of Himachal Pradesh, Suresh Rana got a quick fascination with speed when he saw drivers running fast on the roads near his home during the budding years of Raid De Himalaya in the late 90’s. That stuck in his mind and he started running his vehicle on roads where there was less traffic.

Suresh Rana

Once he was riding in Spiti and on the way to Kaza he was spotted by the officials of Raid De Himalaya and they encouraged him to participate. It was the year 2001 when he participated in the Raid for the first time and since then there has been no looking back for him.

11 times winner of Raid de Himalaya, Rana is a power-packed member of the team Maruti Motorsports since 2009. When he started, he was a novice and the scope for learning professional motorsports was nil.

From Rana to dirt newbie: Sushant Thapa of Team Himachal Valley, is Himachal a place for budding rallyists?

Shushant Thapa

Sushant was born in Kullu and brought up in Nahan of District Sirmaur. We spotted him at the Himalayan Auto Cross Rally which happened in Kullu last month. What made us know him more was his passion and extreme driving skills that reminded us of the novice Suresh Rana of the early 2000’s.

It was for the first time he participated in any championship and he surprised us. Sushant finished his race in 1 minute 54 Seconds and stood second on the podium, which is an unexpected achievement for a beginner. He gave tough competition to experienced participants who had already participated in various national rallies including the prestigious Raid De Himalaya.

A student of legal studies from Himachal Pradesh University (HPU) and former football player, Sushant has represented in 17 National Football championships and 1 International under 19 Football championship in Nepal.

On his first experience in the Himalayan Auto Cross Rally, Thapa told Himachal Watcher,


Autocross is quite different from driving on road experience as there is an off road
track in which you have to keep yourself safe from fouls and drive carefully on the corners and beat the speed timings of the other participants. It was my first-time experience so I had to understand each and every detail myself while driving and analyzing the race track. It was quite tough because the other participants were experienced and they had already participated in many other national level competitions.

For talented aspirants like Sushant Thapa, who are full of energy and have the passion for motorsports but are clueless on where to polish their skills, Suresh Rana has started India’s first Mountain Rally School in Kullu and has already prepared three batches since the inception of Raptors RALLY School.

The idea of the Motorsports School was to polish the skills of the aspirants, promote them and give them the training that is required to make it a career. It is definitely a costly game in which financial and family support is a must.

There are many talented youngsters in Himachal Pradesh who are capable of showing their skills and talent through a full-time career in Motorsports, however, with the lack of proper knowledge, guidance and support from the family, they leave their dreams and look for a regular job option.

Speaking to us, Suresh Rana, who believes that Motorsports can be a career option if the aspirants spend some time in improving the performance and learning the techniques said,


There are many talented youngsters but they are not able to give their time in practice. It requires time, at least five years of practice to polish the skills and Motorsports teams are always looking for young and talented people. It can be a good career option if a person starts working on it from a young age.

He further added,


Motorsports is all about techniques more than having knowledge
and speed it is a must to know the techniques to control the vehicle and understand the breaking points. There are many drivers who drive well but when it comes to driving on the off-road with seatbelt on, they just can’t do it. It is quite tough to practice without a teacher and moreover, we don’t really have places to practice however I personally encourage the aspirants to learn and practice with safety. I am always there to help.

Rana while we finished our conversation said:


Newbie Sushant Thapa can do wonders in the field of motorsports. He has the talent, he understands the breaking points and he knows how to control his speed. If trained well, he can be the new champion from Himachal Pradesh,

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