Showing posts with label supreme court. Show all posts
Showing posts with label supreme court. Show all posts

पश्चिम बंगाल में लोकतंत्र की हत्या कर रहीं ममता बनर्जी : भाजपा

नई दिल्ली: भारतीय जनता पार्टी (भाजपा) ने गुरुवार को पश्चिम बंगाल की मुख्यमंत्री और तृणमूल कांग्रेस (टीएमसी) सुप्रीमो ममता बनर्जी पर राज्य में 'लोकतंत्र की हत्या' करने का आरोप लगाया. पश्चिम बंगाल के भाजपा नेताओं ने यहां संवाददाताओंको संबोधित करते हुए कहा कि राज्य में मानवता के खिलाफ जारी अपराधों के बारे में सूचना देने के लिए वे केंद्रीय गृह मंत्री राजनाथ सिंह से भी मुलाकात करेंगे. केंद्रीय मंत्री बाबुल सुप्रियो ने केंद्रीय मंत्री एस.एस. अहलुवालिया और राज्यसभा सासंद रूपा गांगुली व स्वपन दास गुप्ता के साथ एक संयुक्त प्रेस वार्ता को संबोधित करते हुए कहा, "पश्चिम बंगाल में मानवता के खिलाफ अपराध जारी हैं.  चाहे दंगे हों या चुनाव से पूर्व हिंसा.

सुप्रियो ने पूरे राज्य प्रशासन पर टीएमसी कार्यकर्ताओं की तरह व्यवहार करने का आरोप लगाते हुए कहा, "जो भी पश्चिम बंगाल में हो रहा है वह मानवता के खिलाफ है.  हम राजघाट जा रहे हैं.  हमने राजनाथ सिंह जी से मुलाकात के लिए भी समय की मांग की है.  हम शुक्रवार को संसद भवन परिसर में महात्मा गांधी की प्रतिमा के सामने प्रदर्शन भी करेंगे. " उन्होंने कहा कि पश्चिम बंगाल में आम आदमी विरोध और शिकायत करने का अपना मौलिक अधिकार खो चुका है. गांगुली ने कहा कि जो भाजपा कार्यकर्ता चुनाव के लिए नामांकन दाखिल करना चाहते हैं, उन्हें निशाना बनाया जा रहा है और उनकी हत्या की जा रही है.

अहलुवालिया ने कहा कि बनर्जी ने टीएमसी कैडर्स को कुल सीटों में से 50 पर निर्विरोध जीत हासिल करने का निर्देश दिया है. पश्चिम बंगाल में अगामी पंचायत चुनाव मई के पहले सप्ताह में तीन चरणों के तहत होंगे.  मतगणना आठ मई को होगी. राज्य के 20 जिलों में कुल 58,467 मतदान केंद्र बनाए जाएंगे जहां 5.08 करोड़ मतदाता अपने मताधिकार का प्रयोग करेंगे.

Source:-Zee News

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BS-III ban: Up to Rs 20K discount on two-wheelers, Rs 50K-1L off on cars as automakers eye clearance sale

There has been a sudden ascent in purchasers at car showrooms after the Supreme Court restricted the offer of BS-III vehicles from April 1 trying to diminish vehicular emanations. While the vehicle business cried foul on the sudden boycott as there is 8.25 lakh of unsold stock with car producers and merchants, dealerships have attempted to push out the stock at substantial rebates.

According to the decision, despite the fact that no BS-III vehicles can be purchased after March 31, all vehicles purchased until then will be enlisted even in April. Bulk Sms Service provider

In Rajasthan, there are around 350 merchants who are not terrified by the request. "The organizations are putting forth overwhelming rebates on bikes and four wheelers, which is from Rs 15,000-Rs 20,000 on bikes and Rs 50,000 to a lakh on four-wheelers," said Sai Girdhar, secretary, Rajasthan Authorized Motor Vehicle Dealers Association.

Source:- Hindustantimes

लोकपाल की नियुक्ति वाली याचिका पर सुप्रीम कोर्ट ने फैसला सुरक्षित रखा

नई दिल्ली: सुप्रीम कोर्ट ने देश में लोकपाल की नियुक्ति की मांग करने वाली याचिकाओं पर आज अपना फैसला सुरक्षित रखा. न्यायमूर्ति रंजन गोगोई की अध्यक्षता वाली पीठ ने कहा, ‘‘हमने सभी पक्षों की दलीलें सुनी हैं. फैसला सुरक्षित रखते हैं.’’ सुनवायी के दौरान अटॉर्नी जनरल मुकुल रोहतगी ने कहा कि मौजूदा हालात में लोकपाल की नियुक्ति नहीं हो सकती क्योंकि लोकपाल कानून के तहत विपक्ष के नेता की परिभाषा से संबंधित संशोधन संसद में लंबित है.

लोकपाल और लोकायुक्त कानून 2013 के तहत लोकसभा में विपक्ष का नेता लोकपाल चयन पैनल का हिस्सा होगा. वर्तमान में लोकसभा में कोई नेता प्रतिपक्ष नहीं है.

उन्होंने कहा कि लोकसभा में सबसे बड़ी विपक्षी पार्टी कांग्रेस के पास सांसदों की पर्याप्त संख्या नहीं हैं इसलिए उन्हें नेता प्रतिपक्ष का पद नहीं दिया गया.

रोहतगी ने कहा, ‘‘जब तक संसद में सबसे बड़े विपक्षी दल के नेता को विपक्ष का नेता घोषित करने का कानून पारित नहीं हो जाता, लोकपाल की नियुक्ति नहीं हो सकती.’’ एनजीओ कॉमन कॉज की ओर से पेश वरिष्ठ वकील शांति भूषण ने कहा, संसद ने लोकपाल विधेयक वर्ष 2013 में पारित कर दिया और वह वर्ष 2014 से प्रभावी हो गया, लेकिन सरकार जानबूझकर लोकपाल की नियुक्ति नहीं कर रही है.

उन्होंने कहा कि लोकपाल कानून अनिवार्य करता है कि लोकपाल की नियुक्ति अतिशीघ्र हो.

Source:-Abpnews
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Lodha panel moves SC seeking removal of BCCI top brass including Anurag Thakur

NEW DELHI: Justice R M Lodha panel has submitted its report to the Supreme Court accusing BCCI of defying the apex court orders and impeding reform implementation. Lodha panel in their report have asked the removal of BCCI top brass and appointment of administrator to implement reforms. The Lodha panel said though the six month deadline set by SC for implementation of reforms is fast approaching, the BCCI is not cooperating in drawing up a firm road map for this.

SC bench headed by CJI TS Thakur tore into BCCI for daring to defy implementation of SC mandated reforms. Thakur said: "SC will not allow BCCI to defy court orders. We will pass appropriate orders to set you right." SC went on to say that the BCCI is bringing the system into disrepute and if it can dare to defy SC then the allegation of irregularity in Board could be true.



Source:-Toi
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SC notice to Mohammad Shahabuddin on plea seeking cancellation of bail

The Supreme Court on Monday issued a notice to criminal-turned-politician Mohammad Shahabuddin on a plea challenging grant of bail to him in a murder case.

The bench of Justice Pinaki Chandra Ghose and Justice Amitava Roy also issued notice on a plea seeking stay of the Patna High Court order granting bail to Shahabuddin.

While asking the Bihar government to serve notice on him, the bench directed the next hearing on the matter for the coming Monday, September 26.


The court order came on a plea by Chandrakeshwar Prasad, whose three sons were allegedly killed by a henchman of Shahabuddin, and the Bihar government challenging the High Court order granting bail.


Source:-business-standard
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More than Kannadigas and Tamils, let's be human beings first: Chennai RJ on Cauvery row

NEW DELHI: RJ Balaji, a household name in Chennai because of his lightning wit has thousands of Tamil-speaking fans across the globe. Therefore, when he took to social media to post a video message about the violent Cauvery dispute, his post got a million views - and we're still counting.

In the message he uploaded to his Facebook page, he reminded the people of Tamil Nadu and Karnataka how everyone came together during last year's Chennai floods.

"During the Chennai floods, they (the people of Karnataka, especially Bengaluru) helped us a lot. That's what ordinary people's hearts are like," he said.

"Weren't we all 'Mustafa Mustafa'?" during the Chennai floods, he asked, referring to an A R Rahman number which has become something of an anthem for friendship.

Source:-timesofindia
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Cauvery water war: When did the dispute start and where are we now?

The Cauvery dispute started in the year 1892, between the Madras Presidency (under the British Raj) and the Princely state of Mysore when they had to come to terms with dividing the river water between the two states.

Since that day, Cauvery water has been a bone of contention between the two states. In the year 1910, both states started planning the construction of dams on the river. The issue was presided upon by the British who also decided which state would receive what share of the water. In 1924, an agreement was signed between the two states where the rules of regulation of the Krishnarajsagar dam were pointed out. In a report published by The Times of India, senior counsel AK Ganguly pointed out that the clause 11 of the agreement provided " for such modifications and additions as may be mutually agreed upon as the result of reconsideration'' after a passage of five decades, this revision clause was only applicable to projects other than KRS. The core of the agreement was the conditions governing the construction and operation of KRS and that could not be subject to any review. Hence the 1924 agreement gave both — the Madras presidency and the Mysore state — rights to use the surplus waters of the Cauvery.

Madras had objected to the construction of the Krishnasagar dam and hence the agreement gave them the liberty to build the Mettur dam. However the agreement also put restrictions on the extent of area irrigated by Madras and Mysore using the river water.



Source:-firstpost
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Cauvery water dispute: When did it start and where are we now?

The Cauvery dispute started in the year 1892, between the Madras Presidency (under the British Raj) and the Princely state of Mysore when they had to come to terms with dividing the river water between the two states.

Since that day, Cauvery water has been a bone of contention between the two states. In the year 1910, both states started planning the construction of dams on the river. The issue was presided upon by the British who also decided which state would receive what share of the water. In 1924, an agreement was signed between the two states where the rules of regulation of the Krishnarajsagar dam were pointed out. In a report published by The Times of India, senior counsel AK Ganguly pointed out that the clause 11 of the agreement provided " for such modifications and additions as may be mutually agreed upon as the result of reconsideration'' after a passage of five decades, this revision clause was only applicable to projects other than KRS. The core of the agreement was the conditions governing the construction and operation of KRS and that could not be subject to any review. Hence the 1924 agreement gave both — the Madras presidency and the Mysore state — rights to use the surplus waters of the Cauvery.

Madras had objected to the construction of the Krishnasagar dam and hence the agreement gave them the liberty to build the Mettur dam. However the agreement also put restrictions on the extent of area irrigated by Madras and Mysore using the river water.

Source:-firstpost
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Sedition, defamation cannot be invoked for criticism: SC

 Sedition or defamation cases cannot be slapped on anyone criticising the government, the Supreme Court said on Monday. “Someone making a statement to criticise the government does not invoke an offence under sedition or defamation law. We have made it clear that invoking of section 124(A) of IPC (sedition) requires certain guidelines to be followed as per the earlier judgement of the apex court,” a bench of Justices Dipak Misra and U.U. Lalit said.

The observation came as advocate Prashant Bhushan, appearing for an NGO, said sedition was a serious offence and the law on it was being grossly misused for stifling dissent. He cited the examples of sedition charges being slapped on agitators protesting against Kudankulam Nuclear Power Project and cartoonist Aseem Trivedi, among others.

To this, the bench said, “We don’t have to explain the sedition law. It’s already there in the five-judge constitution bench judgment in Kedar Nath Singh vs state of Bihar of 1962.”

The court, while disposing of a petition filed by NGO Common Cause alleging misuse of the sedition law, refused to pass a direction on the plea that a copy of this order be sent to all Chief Secretaries of states and the Directors General of Police.

“You have to file separate plea highlighting if any misuse of sedition law is there. In criminal jurisprudence, allegations and cognisance have to be case specific, otherwise it will go haywire. There can’t be any generalisation,” the bench said.

Mr. Bhushan said law has not been amended after the Kedar Nath Singh judgment by the apex court and that a constable does not understand the judgment, but what he understands is the section in the IPC.

“Constables don’t need to understand. It is the magistrate who needs to understand and follow the guidelines as laid down by the apex court while invoking sedition charges,” the apex court said. The court was hearing a plea seeking the apex court’s intervention to address the “misuse” of section 124(A) of the IPC contending that such a charge was being framed with a view to “instil fear and scuttle dissent.”

The NGO’s plea said “there has been an increase in the number of cases of sedition against intellectuals, activists, students, with the latest being the sedition charge on Amnesty India for organising a debate on Kashmir.”

“In this regard, a petition has been filed to address the misuse and misapplication of Section 124A (sedition law) by the Centre and various State Governments leading to routine persecution of students, journalists and intellectuals engaged in social activism. It is submitted that these charges are framed with a view to instill fear and to scuttle dissent.”

Acting on a complaint by the ABVP on Saturday, Bengaluru police had slapped sedition charges against Amnesty International India after an event it had organised on allegations of human rights violations and denial of justice in Jammu and Kashmir.

Referring to a National Crime Records Bureau report, the plea said that 47 cases of sedition were filed in 2014 alone and 58 persons arrested in connection with these cases, but the government has managed only one conviction so far.

It cited a series of recent examples of activists being slapped with sedition charges, including Arundhati Roy in 2010 for alleged anti-India remarks at an event in Kashmir, cartoonist Aseem Trivedi in 2012 for allegedly insulting the country through his cartoons, doctor and human rights activist Binayak Sen, JNUSU President Kanhaiya Kumar and DU professor S.A.R. Geelani.

The plea sought a direction that either Director General of Police or Commissioner of Police be asked to give a report before registration of an FIR for the offence of sedition that the act has led to violence or there was an intent on the part of the accused to create public disorder.

It also sought a direction that the investigations and prosecutions be dropped in cases where such a reasoned order was not provided and the act in question involved peaceful expression or assembly.

The constitutional validity of section 124(A) rests upon either an intention to create public disorder or incitement of violence, it had said.



Source:-thehindu
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Cauvery agitation: Siddaramaiah calls for all-party meeting today

Duterte won the presidency in May as he promised to suppress crime and wipe out drugs and drug dealers, and a wave of extrajudicial killings has followed.

Duterte said it would be "rude" for Obama to raise the human rights issue, and told reporters such a conversation would prompt him to curse at Obama, using a Filipino phrase for "son of a b@#$%."
Karnataka Chief Minister Siddaramaiah has convened an all-party meeting  in the state on Tuesday evening to decide the government’s course of action in the wake of the Supreme Court directing Karnataka to release 15,000 cusecs of water over the next 10 days from Cauvery to Tamil Nadu.

The Supreme Court’s orders came in the wake of a plea by Tamil Nadu government against Karnataka’s alleged violation of orders of the Cauvery River Water Disputes Tribunal for release of water for agriculture in the Cauvery basin in Tamil Nadu.

Karnataka has been arguing that it does not have sufficient water in its reservoirs in the Cauvery basin to service the agricultural requirements of both Karnataka and Tamil Nadu on account of insufficient rainfall during the monsoon.


The state has claimed it has only 51 TMC of water in its reservoirs in the Cauvery basin which can service only the drinking water needs of south Karnataka.

Siddaramaiah is holding consultations with legal experts and opposition parties on Tuesday even as a bandh has been organised by farmers and pro-Karnataka organisations in the Mandya region of the state where the agricultural and drinking water requirements are met by the Cauvery river.

“We are yet to receive a copy of the Supreme Court order. Once we examine it we will consult all parties and take a decision,” Siddaramaiah said on Monday.

The head of the Cauvery water agitation group in Karnataka the veteran G Madegowda has threatened serious consequences if the Congress government releases water at the cost of farmers in the Mandya region. Madegowda has demanded the removal of the head of Karnataka’s legal panel in the Supreme Court, Fali S Nariman, for failing to effectively present the case of the state.

With the emotive Cauvery issue resulting in violence and farmer suicides in the past, the state government has deployed additional police forces in the Mandya region – especially on the Bengaluru-Mysore highway and at the Krishna Raja Sagar reservoir near Mysore.

The Mandya district collector has banned tourist activity at the Brindavan Gardens next to the KRS reservoir for four days till September 9 on account of the Cauvery agitation.

The state transport corporation cancelled bus services going via Mandya on the Bengaluru-Mysore route on Tuesday.


Source:-indianexpress
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Supreme Court to Sahara: Specify source of Rs 18,000 crore returned to investors



New Delhi, Sept 2: Supreme Court of India has demanded Sahara to specify the source of money which it has returned to its investors as part of refund. The top court apparently raised doubts over the source of money, noting that it is impossible to refund such a large amount of money in such a short time. Sahara has returned a total of Rs 18,000 crores to its investors. The top court further hinted that the a clean source of money could lead to an end to the high-profile case involving Sahara chief Subrata Roy.

“We will close the entire Pandora’s Box if you show us the source of refund money,” the bench remarked. The court further noted that it is difficult to digest that so much money has been refunded in such a short span. The next hearing related to the matter is scheduled on September 16. Sahara has been instructed to disclose the source of money before the bench at the next hearing. (ALSO READ: Sahara to Sebi: Expedite investor verification, ads won’t help)

Subrata Roy was arrested in February 2014 in the money fraud case. It was prima facie found that Sahara had submitted land documents worth Rs 40,000 crores before the SEBI, which was later found to be dubious. Subrata Roy has been directly charged in the case pertaining to non-refund of nearly Rs 20,000 crores to investors.

In the past few weeks, Sahara has pitched up efforts to settle the claims of its aggrieved investors. After Sebi began identifying the genuine investors who lost their money. the company initiated operations to clear the massive debt. While the first 55 crores of the debt was cleared in a gradual manner, Sahara escalated the pace of refund in past couple of weeks. The company raised large amount of funds in an extremely short span of time to settle most of the claims.

Supreme Court not only demanded Sahara to specify the source of money in the next hearing, but has also instructed SEBI to probe the fundraising by Sahara on its properties abroad.




Source:-india.com
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Collegium meetings should be recorded, Supreme Court judge tells Chief Justice of India

A letter by a senior Supreme Court judge, who is also a member of the collegium, has left Chief Justice of India T S Thakur perplexed. Justice J Chelameswar has sought that the Supreme Court collegium — that comprises the five most senior judges — record minutes of the confidential meetings held to discuss appointments and transfers of judges.

Justice Chelameswar, incidentally, was the lone judge who had favoured doing away with the collegium system when a five-judge Constitution Bench, in October 2015, struck down an amendment to validate the National Judicial Appointments Commission (NJAC) Act.

Justice Chelameswar, as first reported by The New Indian Express, has written to the CJI, apprising the latter of his decision not to attend future meetings of the collegium. He has not, however, recused from the collegium. Justice Chelameswar has clarified that the recommendations being made by the other four judges, including the CJI, should come to him “by circulation”. This effectively means that the other four judges should put their recommendations in writing and then send it to Justice Chelameswar for his views.
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If the CJI and the other three judges accept it, this would result in formally recording the minutes of the collegium. The judge’s communication, it is learnt, has questioned ambiguities and lack of transparency in the decision-making process of appointment and transfer of judges.

Justice Chelameswar’s letter resulted in the collegium meeting, scheduled for Wednesday to discuss the revised Memorandum of Procedure (MoP), being called off. It is learnt that the other judges of the collegium are set to deliberate on the future course of action.

Last year, when a Constitution Bench gave a 4-1 verdict striking down the NJAC, differed with the other judges, underlining that the judiciary’s power over appointments was “not the only means for the establishment of an independent and efficient judiciary”. He had called the proceedings of the collegium “absolutely opaque and inaccessible both to public and history, barring occasional leaks”. Justice Chelameswar will retire in June 2018.

His disagreement with the over 20-year-old procedure of picking up judges has come at a time when the government is at loggerheads with the CJI and the collegium over finalising the MoP. Notably, one of the chief issues of discord between the two pertains to the government’s demand that the collegium must record minutes of its meetings and underline dissent by any judge while making recommendations. This clause has been rejected by the collegium.

Sources close to Justice Chelameswar said the judge has decided, for now, not to make public the contents of the three-page letter written to the CJI. “In the interest of the institution and to maintain institutional correctitude, the judge is not going to make the content public at this stage. However, if the situation so demands, he may consider doing so in future,” sources said.



Source:-indianexpress
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Congress backs Rahul Gandhi, says BJP govt says one thing does another

Coming in support of party vice-president Rahul Gandhi, the Congress on Friday said Prime Minister Narendra Modi-led government says one thing and does another.

“Whatever the Congress vice-president has said is true. Whatever he (Prime Minister Narendra Modi) is telling is not implemented. He has not provided employment to the youth; he has not brought back the black money and distributed to each family Rs. 15 lakhs. Even he has allocated less money for health, education and so many things,” Congress leader and leader of opposition in the Lok Sabha Mallikarjun Kharge told ANI.

Kharge said Prime Minister Modi has reduced schemes like NREGA or generating employment. “So, we must see how this government is telling one thing and doing another. Therefore, what Rahul ji has said is right and we back whatever he is saying in the interest of the country,” he added.
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Gandhi yesterday accused Prime Minister Modi of doing politics of vendetta by “scrapping” projects in Amethi , his Lok Sabha constituency in Uttar Pradesh.

“Projects in Amethi which would surely have guaranteed employment to the people, were cancelled by Modi ji. He came to Amethi and said he will not do politics of vendetta. But the truth is people of Amethi are being acted against. Modi cancelled Hindustan Paper Mill, Mega Food Park Scheme and IIIT. He has stopped the Central School,” Gandhi said.

The Congress vice-president said Prime Minister Modi was harming the people of Amethi by scrapping development projects. “There was no fault on the part of people of Amethi…Modi talks of development but he is harming them. The projects that could have changed the lives of people here have been either scrapped or diverted elsewhere,” he added.

Gandhi said not a single person has benefitted by the Prime Minister’s promises of controlling inflation, depositing Rs. 15 lakh in the accounts of each citizen and upgrading certain towns to smart city. Ridiculing the Make in India campaign, Gandhi said, “The Babbar Sher (mascot of Make in India campaign) does not squeak even like a mouse.” He said not a single person got employment under it.

Accusing the Central Government of stalling the works of the UPA government, Gandhi said though Prime Minister Modi moved about all over the world giving speeches but nothing is being done back home. “Thousand of crores of rupees of loans of industrialists are being waived but not those of poor farmers,” he said, adding the erstwhile Congress-led UPA government wrote off loans of farmers totalling Rs. 70,000 crore.”

Gandhi vowed to fight for the interest of the people. “We are not in the government but we will fight for the interest of people on the roads, Vidhan Sabha and Lok Sabha… We know people face several problems like power and water scarcity,” he said.

Thanking his party men for their continued support, Gandhi exhorted them to vote for the Congress in the upcoming assembly polls in the state where it has been out of power for years so that it can work for development of the state as well as Amethi and Rae Bareli. He also dedicated to the people several road projects in Amethi.

Source:-indianexpress
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