Activists, Academicians Move Supreme Court against Citizenship Law

News Network
December 17, 2019

New Delhi, Dec 17: Activists Harsh Mander, Aruna Roy, Nikhil Dey, historian Irfan Habib, economist Prabhat Patnaik and some organisations on Monday approached the Supreme Court challenging the constitutional validity of Citizenship (Amendment) Act, 2019 and sought direction to strike it down.

The plea filed through advocate Prashant Bhushan sought direction to declare the Act as unconstitutional and illegal.

"These notifications and the Amendment Act are unconstitutional as they are discriminatory and violate the right to equality of all persons under the constitutional scheme. They are discriminatory towards illegal migrants from other countries in the neighbourhood of India apart from the three countries as well as discriminatory towards other minority communities such as Muslims, Jews, Ahmadiyas or Atheists who do not identify with a religious group," the plea said.

The activists further said that this classification on the basis of religion, country of origin or kind of persecution or date of entry or place of residence in India, is an unreasonable classification and hence discriminatory.

"Granting citizenship on the basis of religion goes against the grain of our Constitution. Religious pluralism and secularism have been the foundation of our country since Independence," it added.

"Our constitutional scheme does not allow discrimination on the basis of religion or country of origin or kind of persecution. This cannot be the basis of granting citizenship. The religious basis of citizenship would be a negation of the secular and inclusive fabric of our Constitution," it added.

The petitioners said that the Act also violates Article 21 of the Constitution as it violates the right to live with dignity of individuals who are not covered under the special dispensation of the Amendment Act, solely on the basis of their membership to a particular religion.

Muslim Advocates Association, a registered society, has also approached the Supreme Court challenging the Citizenship (Amendment) Act, 2019 asking to declare the new law as unconstitutional.

The Act violates Articles 14, 21 and 25 of the Constitution, as well as the Constitution's basic structure, the association plea said.

Democratic Youth Federation of India (DYFI) also challenged the Act, while seeking direction to declare it in violation of Article 14 of the Constitution as it is discriminatory, manifestly arbitrary, unreasonable and irrational.

DYFI's plea said the Act is challenged wherein first-time religion is introduced as a reference point, condition for acquisition of Indian Citizenship for illegal/ undocumented migrants from Afghanistan, Bangladesh and Pakistan.

"Citizenship is being extended to certain a class of illegal/undocumented migrants belonging to the religion of Hindus, Sikhs, Buddhists, Jains, Parsis and Christians coming from Afghanistan, Bangladesh and Pakistan. Such classification on the basis of religious identity of the individual clearly violates Article 14 and 21 of the Constitution. Moreover, the classification based on the religious identity of the individual offends the fundamental principle of ''Secularism'', which is enshrined as the basic structure of the Constitution," the plea added.

During the day, two more petitions were filed in the top court, one by the Makkal Needhi Maiam, a political party-led by actor-turned-politician Kaman Haasan and another by Padi Richo, former MLA and a resident of Arunachal Pradesh.

Both petitions said that the exclusion of Muslim beneficiaries from the purview of the Citizenship (Amendment) Act is violative of Articles 14 and 21, apart from contravening basic principles of secularism.

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News Network
July 11,2020

Kanpur, Jul 11: "The Uttar Pradesh administration has done the right thing by taking action against my son," said an old and feeble Ram Kumar Dubey, father of gangster Vikas Dubey.

The father said his son killed eight police officials and it was an unforgivable sin.

"Had he listened to us, his life would not have ended this way. Vikas never helped us in any way. Due to him, even our ancestral property was razed to the ground. He also killed eight policemen, which is an unforgivable sin. The administration has done the right thing. Had they not done so, tomorrow others would have acted similarly," Ram Kumar said.

"It is the chief minister's duty to protect every individual. The police is an extension of that. He attacked them which cannot be forgiven. I will not even take part in his cremation," he added.

Ram Kumar Dubey said that his only appeal to the government is to allow him entry to his ancestral property now.

Vikas Dubey was cremated at Bhairav Ghat in Kanpur. His wife, younger son and brother-in-law were present and no other member of his family attended the last rites.

Vikas Dubey was arrested by the police in Ujjain on Thursday morning. He was on the run for the last six days and had come to the city to offer prayers at a temple, where he was identified by a security guard.

He was killed in an encounter by the Uttar Pradesh Police earlier today after he "attempted to flee".

The gangster was the main accused in the encounter that took place in Bikru village in Chaubeypur area of Kanpur last week, in which a group of assailants opened fire on a police team, which had gone to arrest him.

Eight police personnel were killed in the encounter.

Vikas Dubey managed to escape after the incident. Uttar Pradesh police had launched a hunt and raised a bounty on him for Rs 5 lakh.

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News Network
January 22,2020

Jan 22: Microsoft Corp’s chief executive officer said he worries that mistrust between the US and China will increase technology costs and hurt economic growth at a critical time.

Using the $470 billion semiconductor industry as an example of a sector that is already globally interconnected, Satya Nadella said the two countries will have to find ways to work together, rather than creating different supply chains for each country.

“All you are doing is increasing transaction costs for everybody if you completely separate,” Nadella said in an interview with Bloomberg News Editor-in-Chief John Micklethwait at Bloomberg’s The Year Ahead conference in Davos. That’s a concern as the executive said the world is on the cusp of a revolution around technology and artificial intelligence.

“If we take steps back in trust or increase transaction costs around technology, all we are doing is sacrificing global economic growth,” he said.

The agreement signed last week between the US and China was “not sufficient,” said Nadella, but represented “progress” on the issue of intellectual property protections for US technology companies working with China.

Nadella said he worries about the development of two separate internets, noting that to some degree they already exist “and they will get amplified in the future” with massive technology companies already in place in China.

The viewpoint clashes with Microsoft co-founder Bill Gates, who has been sceptical about the idea that ongoing US-China trade tensions could ever lead to a bifurcated system of two internets.

China and the US are the two leading AI superpowers, however the cooling political relations between them have slowed the international collaboration.

Nadella also warned that countries that fail to attract immigrants will lose out as the global tech industry continues to grow. The CEO has previously voiced concern about India’s Citizenship Amendment Act, calling it “sad.”

“However, Nadella said he remained hopeful.

“The fact that there is a 70-year history of nation-building, I think it’s a very strong foundation. I grew up in that country. I’m proud of that heritage. I’m influenced by that experience.”

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News Network
January 29,2020

New Delhi, Jan 29: The Supreme Court on Wednesday dismissed the plea by Mukesh Kumar Singh, one of the four death row convicts in the Nirbhaya gang rape and murder case, challenging the rejection of his mercy petition by the President.

A three-judge bench headed by Justice R Banumathi said that expeditious disposal of mercy plea by the President doesn't mean non-application of mind by him.

The court also said that alleged sufferings in prison can't be grounds to challenge the rejection of mercy petition.

The bench said all relevant material including judgments pronounced by trial court, high court and Supreme Court were placed before the President when he was considering the mercy plea of the convict.

The bench also comprising justices Ashok Bhushan and A S Bopanna rejected the contentions of the counsel appearing for Singh that entire materials of the case were not placed before the President when he was considering his mercy plea.

The bench, while referring to two files placed before it by the Centre on Tuesday, said that as per the January 15 covering letter which was sent by the Delhi government to the Ministry of Home Affairs, all relevant documents were sent.

The bench noted that detailed judgements of trial court, high court and the Supreme Court, curative petition filed by Singh, his past criminal history and his family background were sent to the Home Ministry by the Delhi government.

"All the documents were taken into consideration by the President while rejecting the mercy petition," the bench said.

The bench also dealt with submissions advanced by the convict's counsel, who had argued that the mercy plea was rejected at "lightning speed".

The bench said that if a mercy petition is expeditiously dealt with, it cannot be assumed that it has been adjudicated upon in a pre-conceived mind.

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