42 Punjab Cong MLAs submit resignation over SC ruling on SYL

November 11, 2016

Chandigarh, Nov 11: All Opposition Congress MLAs today submitted their resignation to the Punjab Assembly Secretary here today to protest the Supreme Court's ruling favouring Haryana on the SYL issue.

punjabState Congress chief Amarinder Singh, meanwhile, launched a fresh attack on Chief Minister Parkash Singh Badal, alleging Badal has "failed to protect the interest" of the people and announced that his party will take out a rally on the issue on Sunday.

The 42 MLAs, including leader of Opposition Charanjit Singh Channi, Sunil Jakhar, Sukhjinder Randhawa and Balbir Singh Sidhu, went to the Assembly here and submitted their resignations to Assembly Secretary Shashi Lakhanpal Mishra as Speaker Charanjit Singh Atwal was not present.

Senior Congress leaders, including Amarinder Singh, Partap Singh Bajwa and Ambika Soni accompanied the MLAs. "I will submit the resignations to the Speaker. He will see whether to accept them or not," Mishra said.

A Congress spokesperson denied reports in a section of the media that they have submitted the resignations to the Governor.

Speaking to mediapersons, Amarinder said, "I am not in Parliament and our MLAs are not in Vidhan Sabha. We will go to the people. We are going to burn the effigies of the government for not protecting Punjab's rights."

"We will hold a rally at the tail-end of the canal system in southernmost part of Punjab on Sunday, which will be affected (by the verdict)," he said.

Hitting out at Punjab Chief Minister Parkash Singh Badal, the state Congress chief asked, "Why is Badal not protecting Punjab's interests? Is it because he has made a lot of money and doesn't care what happens in his area?"

The water dispute assumed a new dimension with the Supreme Court yesterday holding as unconstitutional the 2004 law passed by Punjab to terminate the Sutlej-Yamuna Link (SYL) canal water sharing agreement with neighboring states.

"All the questions have been answered in the negative," a five-judge bench headed by Justice A R Dave said, while pronouncing its decision on the Presidential reference.

The judgement makes it clear that the Punjab Termination of Agreements Act, 2004 is "unconstitutional" and Punjab could not have taken a "unilateral" decision to terminate the water sharing agreement with Haryana, Himachal Pradesh, Rajasthan, Jammu and Kashmir, Delhi and Chandigarh.

The bench, which also included Justices P C Ghose, Shiva Kirti Singh, A K Goel and Amitava Roy, was unanimous in holding that all the five questions of Presidential reference have to be answered in the negative.

The judgement implies that the 2004 Act was not in consonance with the apex court judgement of 2003 which had mandated the construction of the SYL canal that was stalled.

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News Network
January 14,2020

New Delhi, Jan 14: The curative petitions of Vinay Sharma and Mukesh, who were sentenced to death in the Nirbhaya gang rape and murder case, was on Tuesday rejected by a five-judge Supreme Court Bench led by Justice N.V. Ramana.

In a three-page order, the Bench concluded, after an in chamber consideration that began about 1.45 p.m., that there was no merit in their pleas to spare them from the gallows.

“We have gone through the curative petitions and relevant documents. In our opinion, no case is made out within the parameters indicated in the decision of this Court in Rupa Ashok Hurra versus Ashok Hurra. Hence, the curative petitions are dismissed,” the court held.

Curative is a rare remedy devised by a Constitution Bench of the Supreme Court in its judgment in the Rupa Ashok Hurra case in 2002. A party can take only two limited grounds in a curative petition - one, he was not heard by the court before the adverse judgment was passed, and two, the judge was biased. A curative plea, which follows the dismissal of review petition, is the last legal avenue open for convicts in the Supreme Court. Sharma was the first among the four convicts to file a curative.

The Bench also rejected their pleas to stay the execution of their death sentence and for oral hearing in open court.

Besides Justice Ramana, the Bench comprised Arun Mishra, Rohinton Nariman, R. Banumathi and Ashok Bhushan.

Curative petitions were filed in the Supreme Court by both convicts on January 9. The petitions had come just days after a Delhi sessions court schedulled the execution of all the four convicts in Tihar jail on January 22.

Sharma and Mukesh, in separate curative petitions, argued that there was a “sea change” in the death penalty jurisprudence since their convictions. Carrying out the death sentence on such changed circumstances would be a “gross miscarriage of justice”.

In his plea, Sharma said the Court had commuted the death penalty in several rape and murder cases since 2017, when it first confirmed the death penalty to the Nirbhaya convicts.

“fter the pronouncement of judgment in 2017, there have been as many as 17 cases involving rape and murder in which various three-judge Benches of the Supreme Court have commuted the sentence of death,” the petition contended.

The Supreme Court recently dismissed a review petition filed by Akshay Singh, another of the four four condemned men, to review its May 5, 2017 judgment confirming the death penalty. It also refused his plea to grant him three weeks' time to file a mercy petition before the President of India.

A Bench led by Justice R. Banumathi had said it was open for the Nirbhaya case convicts to avail whatever time the law prescribes for the purpose of filing a mercy plea.

Akshay (33), Mukesh (30), Pawan Gupta (23) and Sharma (24) had brutally gang-raped a 23-year-old paramedical student in a moving bus on the intervening night of December 16-17, 2012. She died of her injuries a few days later.

The case shocked the nation and led to the tightening of anti-rape laws. Rape, especially gang rape, is now a capital crime.

One of the accused in the case, Ram Singh, allegedly committed suicide in the Tihar jail. A juvenile, who was among the accused, was convicted by a juvenile justice board. He was released from a reformation home after serving a three-year term.

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Agencies
February 13,2020

New Delhi, Feb 13: The BJP's Amit Shah today said statements like "goli maaro" and "Indo-Pak match" should not have been made by BJP leaders ahead of the Delhi elections.

The BJP may have suffered in the elections because of hate statements made by party leaders, he said, reported news agency Press Trust of India.

The party, he said, had distanced itself from such remarks.

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News Network
July 17,2020

New Delhi, Jul 17: With the highest single-day spike of 34,956 cases, and 687 deaths, India's COVID-19 positive cases crossed the 10 lakh mark on Friday, according to the Union Ministry of Health and Family Welfare.

The total positive cases stand at 10,03,832 including 3,42,473 active cases, 6,35,757 cured/discharged/migrated and 25,602 deaths, according to the Ministry.

As per the Ministry, Maharashtra -- the worst-affected state from the infection -- has a total of 2,84,281 COVID-19 cases and 11,194 fatalities.

While Tamil Nadu has a tally of 1,56,369 cases and 2,236 deaths due to COVID-19.
Delhi has reported a total of 1,18,645 cases and 3,545 deaths due to COVID-19. 

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