Indian Courts and Judicial Restraint : A talk by Shri J Sai Deepak

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  • Опубликовано: 13 сен 2024
  • An engineer turned litigator turned arguing counsel who appears before the High Court of Delhi and the Supreme Court of India. Sai has carved a niche for himself in IP litigation, Competition law, Drug regulatory laws, indirect taxation and technology laws. Sai has handled multiple patent matters across technology segments.An avid writer and a prolific legal blogger ,his blog “The Demanding Mistress” is widely read by IP practitioners, law makers and policy analysts in India and abroad. Sai writes frequently for Swarajya, IndiaFacts and the Times of Israel

Комментарии • 104

  • @riteshtiwari731
    @riteshtiwari731 6 лет назад +70

    It is always a delight to hear J Sai Deepak ji.
    Thankyou!

  • @avdhutjadhav5657
    @avdhutjadhav5657 2 года назад +11

    From this, to demolishing giants in 2020-2021.. JSD has entered every educated household ! Hats off !

  • @roopajagirdar4638
    @roopajagirdar4638 6 лет назад +109

    Profound oratory skill, knowledge.hats off sir.pls take lead to educate us.

    • @dharaneeswaranlawco3059
      @dharaneeswaranlawco3059 5 лет назад +2

      Started loving this profound human. A great soul in our life. a thoughtful n piercings lecture

  • @girishraghuvanshi6900
    @girishraghuvanshi6900 6 лет назад +87

    Respect Him for continuing his lecture in front of such a unaware group, who don't know what is hindutva judgement, what is vishakha case n what is shabrimala. This is problem when u have smart cellphone, but only for tinder and selfie !

  • @renegadelaw9303
    @renegadelaw9303 2 года назад +7

    I feel so bad that so less people attended such wonderful lecture.

  • @ravindranputhenpurayil9122
    @ravindranputhenpurayil9122 6 лет назад +43

    Sai deepk sir,we are with you.Praying to give you more strength and support in all your endeavours.That is all an old man like me can contribute.

  • @amreshKUMAR-ui8gv
    @amreshKUMAR-ui8gv 6 лет назад +29

    He is going to take India by storm in coming years.next Cicero is here .please sir continue ur journey with courage.

    • @user-ip6sn1nb5y
      @user-ip6sn1nb5y 3 года назад

      Haha I'm here two years later...... And you're Defo right

  • @s.sarkar83
    @s.sarkar83 6 лет назад +60

    Truly an Intellectual Kshatriya 🚩🕉🙏

    • @s.sarkar83
      @s.sarkar83 6 лет назад +3

      Aaveg Sheth absolutely.

    • @user-ud4bt3dz3c
      @user-ud4bt3dz3c 5 лет назад +3

      @@AavegSheth WHAY CAN'T YOU BECOME ONE OF THEM...? RATHER THAN WAITING FOR SOMEONE TO BECOME KSHATRIYA TO DEFEND DHARMA ...?

    • @user-ud4bt3dz3c
      @user-ud4bt3dz3c 5 лет назад +2

      @@AavegSheth we need more intellectual kshatriyas, but they should come from our homes itself...they aren't from sky ...! what are we doing ...? are we educating the young generation to defend our dharma..? making an intellectual kshatriya should start from mom's lap..! god bless you..!

    • @girishthendi6815
      @girishthendi6815 5 лет назад +2

      @@user-ud4bt3dz3c are you an Arab guy??

    • @user-ud4bt3dz3c
      @user-ud4bt3dz3c 5 лет назад +3

      @@girishthendi6815 no , I AM AN INDIAN , i am from RSS , my self from Muslim Rastriya Manch

  • @raajimonraghavan4758
    @raajimonraghavan4758 6 лет назад +15

    Deepakji, lets india have our own truth and reconciliation commission, and I we will vote for you to head the commission.

  • @purumishra3130
    @purumishra3130 6 лет назад +36

    Superbly put sir. Adding a recent example of unnecessary​ judicial interference in State made law and its hypocritical approach towards hindus is this.
    According to Gujarat High Court, a Hindu girl converting to Islam after marrying a Muslim man, still has inheritance rights in her father's property under Hindu succession Act.
    Don't you think that this is not only a gross mis-interpretation of Hindu laws but also a push to activities like Love jihad.

    • @suchethasudhakaran4495
      @suchethasudhakaran4495 5 лет назад +2

      Thank you sir for imparting such great information and knowledge for common people who can't get all such information keenly watching all your vdos

    • @ashokverma7501
      @ashokverma7501 3 года назад +1

      No soft corner. It is just terrorism sinewing into the realm of administration. फटती है, to make it simple. Create our own terror to achieve a balance which will also help in arming the police adequately because today even the police is afraid of meddling into issues of that community.

  • @venkatramans1631
    @venkatramans1631 6 лет назад +10

    tHE LAST few minutes to be taken very very seriously . Thank you SAI .

  • @roshanchachane142
    @roshanchachane142 5 лет назад +17

    Judges are not ready to let go the authoritative power.

  • @vaishusundararajan8120
    @vaishusundararajan8120 7 лет назад +31

    You are the best Sir!

  • @naturebeauty5037
    @naturebeauty5037 6 лет назад +13

    Great skill of articulation......👏

  • @paramitaroy2256
    @paramitaroy2256 3 года назад +3

    See the energy level and the urge to tell truth...those who were present in that particular auditorium are really blessed and lucky to hear Sai...next Vivekananda....👍👍

  • @bachanbabu1583
    @bachanbabu1583 3 года назад +2

    It is always a pleasure to listen to you

  • @garudapurana6807
    @garudapurana6807 3 года назад

    Jai Sai Ram! J Sai Deepak! India a glittering marvel of democracy and freedom.

  • @punjabiswag7455
    @punjabiswag7455 5 лет назад +6

    This boils my blood

  • @awdheshkumar7426
    @awdheshkumar7426 4 года назад +3

    Deepak Sir, you are really good orator with very rich repositories of knowledge n generous nature to share knowledge in simple way.

  • @kkhakhar4204
    @kkhakhar4204 4 года назад +1

    So proud of you. Bharamsta will be safe with intellectuals like Mr.Deepak Sai. Sanyalji. Raj Vedam and some others.

  • @snr5950
    @snr5950 6 лет назад +17

    Hope our eminent Jurists find time to watch this video-clip !

  • @muralinair4527
    @muralinair4527 6 лет назад +22

    Sir,
    I have been busy somewhere else... I am your follower, hearing you since two days...
    Want to be a contributor in my capacity for this good cause...

    • @sundargupta
      @sundargupta 4 года назад +6

      Donate to Indic collective trust

  • @bharattipni403
    @bharattipni403 3 года назад +3

    I admire sai sir's efforts, hear every single bit of knowledge that he is sharing has to cherish with lakhs of people present. But I saw a very low number of people attending it. Compare to the crowd gathered in other RUclipsr fans meet. Why? Who's a fault it is?

  • @singhkrishnadeo
    @singhkrishnadeo 6 лет назад +14

    Great orator

  • @bdharmichand6503
    @bdharmichand6503 4 года назад +2

    Hearing j sai deepak is addiction

  • @sweetychoubey3875
    @sweetychoubey3875 Год назад

    Sai sir is a legend and inspiration for the gen z

  • @vishaln1903
    @vishaln1903 5 лет назад +6

    A genius. This guy.

  • @stevebrown1816
    @stevebrown1816 3 года назад +4

    I find this talk very informative. I request new and existing Hindu lawyers to amend the constitution of Hindustan to be pro-Hindu, and not anti-Hindu (anti-majority). Below article identifies five defects in the constitutions of most democracies. Please fix those issues from the constitution of Hindustan.
    --
    Five Defects of Democratic Constitutions
    By Suresh Vyas
    Democracy means a system of government by the whole population or all the eligible members of a state, typically through elected representatives. It is a government for the people and by the people of a country. The people draft a constriction, and then agree to live by it.
    The defects in most constitutions of the current democratic countries are:
    Protection of minorities
    Freedom of religion
    Separate laws for different groups of people
    Majority (even if unrighteous) rules
    Human Rights
    Each of the above is discussed below.
    The constriction says to protect the minority, but a minority can be righteous or unrighteous, tolerant or intolerant, divine, or demoniac, etc. There is no need to protect unrighteous, intolerant, or demoniac group whether a minority or majority. In a healthy body, a cancer cell is a minority. To protect it (let it live in the body) is suicidal. Same for a nation.
    The constitution assumes that all religions are equally good. This is not correct. Some religions are not tolerant of any other faiths, and constantly act to wipe out other religions and cultures from the world. Islam and Christianity are such religions. In contrast, the Vedic dharma is universal religion for mankind. Any two religions can be objectively compared to see which religion has higher potential to cause peace at personal to national and global level. Universal criteria for comparing religions is stated at below site:
    skanda987.files.wordpress.com/2014/07/religions-and-religious-freedom_paper.pdf
    The constitution needs to say that all tolerant religions will be legal, and intolerant (I mean respectful to religion of the nation) will be illegal.
    In one country there cannot be separate laws for separate groups. The Muslims always have asked for separate law-Sharia-for them, separate prayer rooms, etc. This cannot be allowed in non-Muslim countries.
    On a related point, the government should not favor-give benefits-to any group over other group. This is discrimination. E.g. in Hindustan the gov’t has special quotas and benefits for so called “dalits” or oppressed group of people. Such favors backfire, because the dalits (the shudras) want to remain dalits for ever to rip the free benefits even when no one is oppressing them. Instead of favoring dalits, the gov’t should punish those who oppress others. The Hindus need to understand this:
    The Vedic society is made of four varNas: Brahmins (the spiritually intellectual class), Kshatriyas (the protectors of the society), the vaishyas (the traders), and the shudras (so called dalits now for mean political purpose) who provide labor and service to society. Now according to Bhagavad Gita and the Vedas, this varNa I defined by one’s guNa (qualities) and karma (one’s actions and aptitudes). It is not defined by one’s birth. Additionally, dharma does not tell that a varNa should oppress or hate any other varNa. So, the gov’t needs to force the Hindus to live per the Vedic dharma, and stop providing quotas and benefits to dalits.
    Majority Rules. If the majority people are less intelligent, or barbaric, or greedy, or criminals, or violent, they will rule. Such governments, e.g. that of Pakistan, cause suffering for themselves and for other countries. The majority need to have wisdom to elect those who are really intelligent, capable, and righteous leaders.
    Human Rights: The democracies (their constitutions) assume that anyone with a human body is human. Accordingly, the demoniac people, e.g. Hitler, Idi Amin, Mafias, terrorists, Human Traffickers, etc. are all humans. The Veda, however, does not agree to such a definition of a human. The Vedic scripture says:
    aahaara in.ndraa bhaya maithunam cha
    saamaanyam etad pashubirnaraaNaam
    It says eating, sleeping, self-protecting, and mating are common between men and animals. Animals do not do anything more than that. So, if a person being does that only, then he/she is an animal.
    Below is an evidence from Rig Veda that at birth one is not a human.
    तन्तुं तन्वन् रजसो भानुमन् विहि ज्योतिष्मतः पथो रक्ष धिया कृतान् ।
    अनुल्अणं वयत जोगु वामपो मनुर्भव जनया दैव्यम् जनम् ॥ Rig. 10.53.6॥
    “May you spinning the thread of divine knowledge, follow the splendid light of illumination, and protect the pathways well, which have been constructed by sacred acts and divine wisdom; may you render the pious works of the worshiper free from defect; may you first strive to become MAN, and then rise to the status of an enlightened one - the DIVINE.” - Rig Veda 10.53.6
    So, to make a new born a human, the child has to undergo yagnopavit (holy thread) samskaar at the age around eight. After this samskaar one is called a dwiija (born again as a human.)
    Then he goes to live at a Vedic guru’s ashram to study the Veda and other subjects till the age of 25 while remaining a brahmachaari. While the non-Hindu world talks about Human Rights, the Veda talks about Human Responsibilities. The constitution of Bhaarat needs to be made pro-Vedic and define a human per the Veda. That way the criminals and demoniacs will not have human rights and can be treated according to what they did.
    jaya sri krishna!

  • @mahekkatta7875
    @mahekkatta7875 2 года назад +1

    Huge respects

  • @MayankSharma-or3dq
    @MayankSharma-or3dq 6 лет назад +5

    Very very informative 😊😊

  • @cibiraj1275
    @cibiraj1275 7 лет назад +28

    why do we even have the contempt of court law ?!
    Its like an angry mother-in-law throwing a brass pot at you when you speak something behind her back :D
    isnt it possible to scrap it ? People need freedom of expression to speak their views of any particular judge and judgement.

    • @ganny2008
      @ganny2008 4 года назад +1

      Contempt of court law is necessary in my view, otherwise people may make a mockery of judicial system.. If someone wilfully disobeys court order, they can be prosecuted under contempt of court act.. also if they do anything to interfere with the judgement or to defame judiciary, they can be prosecuted.

  • @seeniinn1
    @seeniinn1 2 года назад +1

    Please continue your efforts to educate the society

  • @parakhp9498
    @parakhp9498 4 года назад +4

    Judges are good in giving judgements and not an appointment 👍

  • @seeniinn1
    @seeniinn1 2 года назад +1

    So clear an interpretation.wow. super

  • @nareshdas5905
    @nareshdas5905 5 лет назад +3

    Very true

  • @abhinaygarg8792
    @abhinaygarg8792 6 лет назад +4

    And now we had the press conference by the senior most puisne judges

  • @badchessplyr
    @badchessplyr 5 лет назад +3

    nice talk .

  • @SK-rp9hu
    @SK-rp9hu Год назад

    Blessing to youngsters,,wata factual eye opener to the yester year / older generation too

  • @sdar148
    @sdar148 2 года назад

    Wonderful oration !speaking the voice of common man.

  • @saumyajitbhaduri1083
    @saumyajitbhaduri1083 3 года назад

    Thankyou for sharing this video with us. Bohot dhanyavad ji

  • @adityapadwal3310
    @adityapadwal3310 5 лет назад +4

    The design of judiciary

  • @khushrjoshi3695
    @khushrjoshi3695 3 года назад +1

    Last message lit 🔥🔱💯

  • @AuravWalden
    @AuravWalden 6 лет назад +2

    My suggestion is that the judges to the Supreme Court be selected by a unanimous decision of the PM, Leader of the Opposition in the Lok Sabha, the President and the Chief Justice. Becoming the Chief Justice should be based on seniority.

  • @VPO2024
    @VPO2024 5 лет назад +3

    First of all the supreme Court should fix it's all broken shells and it's inefficiency before fixing other issues. Appointment as many judges required in the courts

  • @sasidharank7953
    @sasidharank7953 5 лет назад +3

    Excellent speech. What a charity of thought. Just once request don't refer to the audience as 'crowd'. I thought it was a little derogatory.

  • @sweetychoubey3875
    @sweetychoubey3875 Год назад

    How fortunate and unfortunate the audience is for getting to meet him but with such less intrest

  • @AshishKumar-gq9th
    @AshishKumar-gq9th 6 лет назад +9

    It looks like these students have never read or followed news .

  • @ven657
    @ven657 5 лет назад +9

    Great education. Can you also educate me regarding
    1. Can the contempt of court act be repealed ?
    I can also have contempt for court.
    2. When can we expect president to appoint the judges?

  • @sdar148
    @sdar148 2 года назад

    Perhaps one more dose of i ternal EMERGENCY is needed to stop judicial activism and show their place in Indian democracy and constitution.

  • @Er.PrashanthKumar.B
    @Er.PrashanthKumar.B 4 года назад +1

    I like the Sanskrit word in the background which means “Who am I?”

  • @4thgen.warfareexpert780
    @4thgen.warfareexpert780 2 года назад +1

    After Nupur Sharma this hits differently doesn't it.
    Jsd predicted exactly this.
    We need to wake the fuk up

  • @honestman7099
    @honestman7099 6 лет назад +7

    I think u should be India's prime minister

    • @sjlovaboy
      @sjlovaboy 6 лет назад +2

      Honest Man he'd. do better job as CJI or as law minister

  • @harveerrawat8489
    @harveerrawat8489 5 лет назад +1

    Why were the Supreme Court and the High Court given the power as to their contempt by the Constitution? It is not that these courts themselves have given or devised or innovated this power to them. It was done by the Constituent Assembly of this country.

  • @lucaindiano700
    @lucaindiano700 5 лет назад +1

    If the faith of absolute justice that we currently rest in learned and highly qualified justices is to be put in common man like he says, then we will have the perfect demogogue instead of a democracy. We are already in a beta version of it.

  • @anandsuresh6946
    @anandsuresh6946 4 года назад +3

    I kindly disagree, many leaders from across parties have used identity politics to stir up communal tensions as well. I don't think there should be a blanket allowance of statements to be made based on ethnicity, caste or religious basis.
    Parties are free to release their manifestos if they want their constituents to know what the agenda is.

  • @hrushaabhmishra
    @hrushaabhmishra 3 года назад +1

    Buy why can’t a common man sue the government in our judicial system?

  • @sdar148
    @sdar148 2 года назад

    Judiciary must be ashamed of overactivism in the recent agitation of ryots on the borders of Delhi and of course in Panama papers controvercy.simply burnt their hands and still putting brave face.and continuing activism not bothering about their primary function of adjudication long pending cases.

  • @sdar148
    @sdar148 2 года назад +1

    What happens if AGI standsup and refuse to participate in proceedings that cross the Lakshman rekha of.Judiciary.

  • @h.hholmes.492
    @h.hholmes.492 2 года назад

    Based

  • @DiptiSimha
    @DiptiSimha 6 лет назад +1

    Cool, maintaining balance between right to life and religion not happening because of judicial activism, when govts pass ordinance( which by the way is temporary) media is criticizing govts are criticized and media pushes it

    • @DiptiSimha
      @DiptiSimha 6 лет назад

      Media is criticizing elected governments and pushing for judiciary, wow!

  • @utkarshjagdale2687
    @utkarshjagdale2687 4 года назад +1

    “You really need to have a gk session here”..lol

  • @commonerIndian
    @commonerIndian 3 года назад

    nice

  • @shidlewagol
    @shidlewagol 5 лет назад +2

    That means you say appointment SC judge should elected by parliament
    Independence of SC will be finesed ...... They will appoint judge how are under their control

  • @jaihind116
    @jaihind116 6 лет назад +3

    Classic

  • @tiffles3890
    @tiffles3890 5 лет назад +1

    13:00

  • @kanduku2002
    @kanduku2002 7 лет назад +8

    see what he talks n what shows in his biodata

  • @stevebrown1816
    @stevebrown1816 3 года назад

    Based on below rationale I believe that it would be great if Bhaarat replaces its current constitution with US constitution with some added Hindu culture flavor.
    Rationale:
    1. The US constitution is drafted by best minds of the time. It is written in such a way that one cannot do any injustice that the British did to American colonies. In contrast, Bhaarat's constitution is created by the British (the foreign rulers with anti-Hindu culture). Consequently the constitution is anti-Hindu, and so anti-majority.
    2. The US constitution is small and simple, and you could keep in your shirt pocket. In contrast, the Bhaarat's constitution is big, and complicated.
    3. This time is info age, and the need is that the situations change rapidly, and the govt must take right decisions quickly. This is possible by US constitution where the President is the highest authority. In contrast, the Bhaarat's constitution has Parliament as the highest authority, and Parliamentary process for decision-making is really slow, and decisions cannot be made quickly.
    4. US democracy is mature. Govt employees and politicians think that they are the servants of the people. In contrast, Bhaarat's democracy is immature, and the govt employees and politicians think they are the authority over the people.
    5. US constitution provides freedom to carry arms. In contrast, while the criminals do carry arms illegally, the general public is not allowed to keep arms. This puts the innocent public as the easy target for jihadis, the anti-nationals.
    jaya sri krishna!

  • @sdar148
    @sdar148 2 года назад

    What I mean is the voting right of judiciary. must be withdrawn

  • @sdar148
    @sdar148 2 года назад

    Judgesappoint themselves.

  • @rohitratansharma
    @rohitratansharma 6 лет назад

    So where do Municipal corporater & panchayat lie, are they executive

  • @lucaindiano700
    @lucaindiano700 5 лет назад +1

    Sadly a man specialising in law fails to see one of the formative roles of the judiciary - rigorous pro-activism in concerns affecting masses. The SC is not just an aligner of law but also a spirit and conscious bound upholder of justice. Be it a the hindutva case, sabarimala or any other case even which ever so slightly shakes belief of justice seekers in the SC, it has rightly put it's foot down enforcing the right interpretations of provisions each time. It shall continue to do so. On the other hand I wonder how an open contempt of the courts is recorded and with such careless attitude put on mass viewing sites.

    • @swamyrani4944
      @swamyrani4944 4 года назад +4

      Hello Luca when you say so then why the same court was not accepted petition filed for entering of women in masques ?
      Why Kashmir genocide victims case was not accepted ?
      Why judiciary commission petition was rejected ?
      So many issues like this . It must be changed for our best of future .

  • @sdar148
    @sdar148 2 года назад

    Judges shd not participate in election process.

  • @shahzadansari9728
    @shahzadansari9728 3 года назад

    BJP organised Vijay Rally for the accused.

  • @LALITBHARTI999
    @LALITBHARTI999 4 года назад

    Mhin jatiwadi hai ye bnda .......