JUDGEMENT
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(1.) Tersenessly, the facts and material, which need a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record is that, on 08.08.2004, a "National Conference on Secularism was organized by the Freedom Fighter Cell, of All India Congress Committee in New Delhi. Although, the leaders from various political parties have addressed the Convention, but the then Cabinet Minister and Senior Congress Leader Mr.Arjun Singh, was the star speaker. He delivered the speech in question, which was published by different National Newspapers. 'The Hindu' Newspaper published the news (Annexure P-7) as well, on 09.08.2004, which in substance is as under:-
"The Human Resource Development Minister, Arjun Singh, today asked the Prime Minister, Manmohan Singh, to cleanse the administration of people owing allegiance to the RSS, an organization he accused of being responsible for the killing of Father of the Nation Mahatma Gandhi.
Our first duty is that the fascist forces of the RSS should be detected. Today, Government administration is in grip of the RSS, we have to cleanse it," he said at the National Convention on Secularism here.
The veteran Congress leader, who removed academicians close to the BJP and the RSS from panels drafting textbooks for schools, said the RSS had a strong hold on administration as "men having sympathies with the Sangh Parivar were appointed (by the previous Government) on key positions.
If an institution's biggest achievement was killing of (Mahatma)Gandhi than you can expect what national purpose it can serve," he said called for "exposing the RSSmen in the Government. Not one but there are hundred different fronts of the RSS. They are getting crores of rupees from within and outside the country. The previous Government allowed foreign money to come in but now this web has to be broken. People should know for what purpose the money was used for." Mr.Singh said. The Minister hoped that "the Prime Minister will take definitive action in this regard."
(2.) Sequelly, it was also published as under:-
'Ministers face problems'
The CPI general secretary, A.B.Bardhan, said Mr.Singh and the information and Broadcasting Minister, S.Jaipal Reddy, were facing difficulties due to presence of a large number of "RSS-men" in their Ministries.
"Committees are filled with RSS-men. Raj hamara, Governor tumhara (its our government but the Governor is of RSS-BJP). How long will this last," Mr.Bardhan asked.
The CPI leader charged the BJP with propagating politics of hate and said the party had changed the word Hindutva with nationalism. "Don't forget Hitler played havoc around the world in the garb of nationalism".
Sachin Pilot, MP and Rajasthan, moved a resolution called for a thorough study of the working of the RSS and countering its "false propaganda and a politics of hate and teaching secularism in schools".
'Ballot revolution'
Mr.Jaipal Reddy, who presided over the convention, said the recent Lok Sabha election was a revolution through the ballot which defeated the fascist forces. "It would be a revolution if we could sustain the momentum and could be rightly called a post-independent renaissance". He said India could not be a country of one religion or caste as diversity had been the underlying factor since pre-historic times of the country.
Challenging the RSS to prove the existence of any single ethnically homogenous society in the world, he said India's diversity was praised all over the world. Calling the BJP an 'illusion' and the RSS the 'reality', he said it was the strenuous efforts of Mahatma Gandhi that brought together all ethnic groups to fight for the freedom of the country.
Earlier, Nilotpal Basu of the CPI(M) said the fight for secularism was not over with the victory in the election. "You have to continue to fight communalism, not just through elections but in all spheres of life."
(3.) Likewise, the news of planning of Rashtriya Swayamsewak Sangh, to take legal action against Minister Mr.Arjun Singh (Annexure P-8) and his rejoinder (Annexure P-9) were also published by 'The Hindu' as such. The same very 1 st news (Annexure P-7) was also published by The Hindustan Times (Annexure P-10), The Pioneer (Annexure P-11), The Asian Age (Annexure P-12) and Navbharat Times (Annexure P-14) in their respective newspapers. The news of condemnation of the conduct of the Minister by the RSS was published (Annexure P13) by the Indian Express as well.;
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