In this judgment, Justice Shri JB Pardiwala had passed some critical remarks against Reservations in India and had irked 50+ Members of Parliament who triggered his Impeachment process in Rajya Sabha. Due to this he had to strike down a paragraph from the Judgment. Read the news clippings from this judgment and subsequent removals of the concerned paragraph from judgment.
Here is the Para 62 from the original judgment.
62. If I am asked by any one to name two things, which has destroyed this country or rather, has not allowed the country, to progress in the right direction, then the same is, (i) Reservation and (ii) Corruption.It is very shameful for any citizen of this country to ask for reservation after 65 years of independence.When our Constitution was framed, it was understood that the reservation would remain for a period of 10 years, but unfortunately, it has continued even after 65 years of independence. The biggest threats, today, for the country is corruption. The countrymen should rise and fight against corruption at all levels, rather than shedding blood and indulging in violence for the reservation. The reservation has only played the role of an amoeboid monster sowing seeds of discord amongst the people. The importance of merit, in any society, cannot be understated. The merit stands for a positive goal and when looked at instrumentally, stands for “rewarding those actions that are considered good”. Then, this instrumental nature of merit that should be given importance – emphasizing on and rewarding merit is a means towards achieving what is regarded as good in the society. The parody of the situation is that India must be the only country wherein some of the citizens crave to be called backward.
Hardik Bharatbhai Patel Vs State of Gujarat 18 December, 2015 (Original Order)
Citations:
Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/38630401/ or https://www.casemine.com/judgement/in/56e0fa87607dba3896607933 (with original version of judgment)
Then the News follows
Patidar quota agitation_ Gujarat High Court calls reservation an ‘amoeboid monster’ _ Cities News,The Indian Express
Then the Judge removes the Para 62
Sitting Gujarat HC judge does U-turn on remarks in Hardik Patel case
Hardik Bharatbhai Patel Vs State of Gujarat 18 December, 2015 (Correction Order)
The following is the Revised Judgment, after removing Para 62
Hardik Bharatbhai Patel Vs State of Gujarat 18 December, 2015 (Corrected Order)
Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in
