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

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  • čas přidán 9. 04. 2017
  • 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

Komentáře • 104

  • @roopajagirdar4638
    @roopajagirdar4638 Před 6 lety +109

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

    • @dharaneeswaranlawco3059
      @dharaneeswaranlawco3059 Před 5 lety +2

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

  • @riteshtiwari731
    @riteshtiwari731 Před 6 lety +70

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

  • @avdhutjadhav5657
    @avdhutjadhav5657 Před 2 lety +11

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

  • @girishraghuvanshi6900
    @girishraghuvanshi6900 Před 5 lety +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 !

  • @ravindranputhenpurayil9122
    @ravindranputhenpurayil9122 Před 6 lety +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 Před 5 lety +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 Před 3 lety

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

  • @renegadelaw9303
    @renegadelaw9303 Před 2 lety +7

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

  • @raajimonraghavan4758
    @raajimonraghavan4758 Před 5 lety +15

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

  • @s.sarkar83
    @s.sarkar83 Před 5 lety +60

    Truly an Intellectual Kshatriya 🚩🕉🙏

    • @s.sarkar83
      @s.sarkar83 Před 5 lety +3

      Aaveg Sheth absolutely.

    • @user-ud4bt3dz3c
      @user-ud4bt3dz3c Před 5 lety +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 Před 5 lety +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 Před 5 lety +2

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

    • @user-ud4bt3dz3c
      @user-ud4bt3dz3c Před 5 lety +3

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

  • @roshanchachane142
    @roshanchachane142 Před 5 lety +17

    Judges are not ready to let go the authoritative power.

  • @purumishra3130
    @purumishra3130 Před 6 lety +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 Před 5 lety +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 Před 3 lety +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.

  • @vaishusundararajan8120
    @vaishusundararajan8120 Před 6 lety +31

    You are the best Sir!

  • @venkatramans1631
    @venkatramans1631 Před 5 lety +10

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

  • @naturebeauty5037
    @naturebeauty5037 Před 5 lety +13

    Great skill of articulation......👏

  • @paramitaroy2256
    @paramitaroy2256 Před 3 lety +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....👍👍

  • @muralinair4527
    @muralinair4527 Před 5 lety +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 Před 4 lety +6

      Donate to Indic collective trust

  • @snr5950
    @snr5950 Před 6 lety +17

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

  • @punjabiswag7455
    @punjabiswag7455 Před 5 lety +6

    This boils my blood

  • @bachanbabu1583
    @bachanbabu1583 Před 3 lety +2

    It is always a pleasure to listen to you

  • @awdheshkumar7426
    @awdheshkumar7426 Před 4 lety +3

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

  • @bharattipni403
    @bharattipni403 Před 3 lety +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 CZcamsr fans meet. Why? Who's a fault it is?

  • @cibiraj1275
    @cibiraj1275 Před 6 lety +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 Před 4 lety +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.

  • @singhkrishnadeo
    @singhkrishnadeo Před 6 lety +14

    Great orator

  • @garudapurana6807
    @garudapurana6807 Před 3 lety

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

  • @vishaln1903
    @vishaln1903 Před 5 lety +6

    A genius. This guy.

  • @stevebrown1816
    @stevebrown1816 Před 3 lety +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!

  • @kkhakhar4204
    @kkhakhar4204 Před 3 lety +1

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

  • @mahekkatta7875
    @mahekkatta7875 Před 2 lety +1

    Huge respects

  • @parakhp9498
    @parakhp9498 Před 4 lety +4

    Judges are good in giving judgements and not an appointment 👍

  • @abhinaygarg8792
    @abhinaygarg8792 Před 6 lety +4

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

  • @sweetychoubey3875
    @sweetychoubey3875 Před rokem

    Sai sir is a legend and inspiration for the gen z

  • @MayankSharma-or3dq
    @MayankSharma-or3dq Před 5 lety +5

    Very very informative 😊😊

  • @SK-rp9hu
    @SK-rp9hu Před rokem

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

  • @bdharmichand6503
    @bdharmichand6503 Před 3 lety +2

    Hearing j sai deepak is addiction

  • @seeniinn1
    @seeniinn1 Před 2 lety +1

    Please continue your efforts to educate the society

  • @seeniinn1
    @seeniinn1 Před 2 lety +1

    So clear an interpretation.wow. super

  • @nareshdas5905
    @nareshdas5905 Před 5 lety +3

    Very true

  • @badchessplyr
    @badchessplyr Před 5 lety +3

    nice talk .

  • @adityapadwal3310
    @adityapadwal3310 Před 5 lety +4

    The design of judiciary

  • @saumyajitbhaduri1083
    @saumyajitbhaduri1083 Před 3 lety

    Thankyou for sharing this video with us. Bohot dhanyavad ji

  • @AuravWalden
    @AuravWalden Před 6 lety +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.

  • @khushrjoshi3695
    @khushrjoshi3695 Před 3 lety +1

    Last message lit 🔥🔱💯

  • @sdar148
    @sdar148 Před 2 lety

    Wonderful oration !speaking the voice of common man.

  • @ven657
    @ven657 Před 5 lety +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?

  • @VPO2024
    @VPO2024 Před 5 lety +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

  • @AshishKumar-gq9th
    @AshishKumar-gq9th Před 5 lety +9

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

  • @sasidharank7953
    @sasidharank7953 Před 5 lety +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 Před rokem

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

  • @Er.PrashanthKumar.B
    @Er.PrashanthKumar.B Před 3 lety +1

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

  • @sdar148
    @sdar148 Před 2 lety

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

  • @h.hholmes.492
    @h.hholmes.492 Před 2 lety

    Based

  • @harveerrawat8489
    @harveerrawat8489 Před 5 lety +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.

  • @commonerIndian
    @commonerIndian Před 3 lety

    nice

  • @honestman7099
    @honestman7099 Před 6 lety +7

    I think u should be India's prime minister

    • @sjlovaboy
      @sjlovaboy Před 5 lety +2

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

  • @lucaindiano700
    @lucaindiano700 Před 5 lety +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.

  • @hrushaabhmishra
    @hrushaabhmishra Před 3 lety +1

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

  • @jaihind116
    @jaihind116 Před 6 lety +3

    Classic

  • @DiptiSimha
    @DiptiSimha Před 5 lety +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 Před 5 lety

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

  • @sdar148
    @sdar148 Před 2 lety +1

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

  • @4thgen.warfareexpert780
    @4thgen.warfareexpert780 Před 2 lety +1

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

  • @utkarshjagdale2687
    @utkarshjagdale2687 Před 4 lety +1

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

  • @tiffles3890
    @tiffles3890 Před 5 lety +1

    13:00

  • @sdar148
    @sdar148 Před 2 lety

    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.

  • @kanduku2002
    @kanduku2002 Před 7 lety +8

    see what he talks n what shows in his biodata

  • @shidlewagol
    @shidlewagol Před 5 lety +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

  • @anandsuresh6946
    @anandsuresh6946 Před 4 lety +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.

  • @sdar148
    @sdar148 Před 2 lety

    Judgesappoint themselves.

  • @sdar148
    @sdar148 Před 2 lety

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

  • @rohitratansharma
    @rohitratansharma Před 5 lety

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

  • @stevebrown1816
    @stevebrown1816 Před 3 lety

    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 Před 2 lety

    Judges shd not participate in election process.

  • @lucaindiano700
    @lucaindiano700 Před 5 lety +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 Před 4 lety +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 .

  • @shahzadansari9728
    @shahzadansari9728 Před 3 lety

    BJP organised Vijay Rally for the accused.

  • @LALITBHARTI999
    @LALITBHARTI999 Před 3 lety

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