Article 370 that gives special status to J&K is not a temporary provision: Supreme Court

Agencies
April 4, 2018

New Delhi, Apr 4: The Supreme Court has said that Article 370 of the Constitution, which gives special status to Jammu and Kashmir, is not a temporary provision.

The apex court said that in its earlier verdict of 2017 in the SARFESI case, it has been already held that Article 370 was "not a temporary provision".

"The issue concerned is covered by the judgement of this court in the 2017 SARFAESI matter, where we have held that despite the headnote of Article 370, it is not a temporary provision," a bench of justices AK Goel and RF Nariman said.

During the hearing, Additional Solicitor General Tushar Mehta appearing for the Centre said that the matter be heard after some time as similar matters are pending before the court and are to be listed shortly.

Senior advocate Rajeev Dhavan and advocate Shoeb Alam appearing for the Jammu and Kashmir government clarified that other matters which are pending before the apex court relates to Article 35 A of the Constitution and not Article 370 as submitted by the ASG.

Dhavan said that those matters cannot be heard along with the present case, which only deals with Article 370.

The bench then adjourned the matter for hearing by three weeks on the insistence of the ASG.

The top court was hearing an appeal filed by petitioner Kumari Vijayalakshmi Jha, against the Delhi High Court's April 11, 2017 order dismissing the plea seeking a declaration that Article 370 is temporary in nature.

The petitioner had claimed before the high court that Article 370 was a temporary provision that had lapsed with the dissolution of the Constituent Assembly in 1957.

The petition had said that the continuance of the temporary provision of Article 370 even after dissolution of Constituent Assembly of J&K, and that of J&K Constitution which has never got the assent of the President of India or Parliament or the government of India, "amounts to fraud on the basic structure of our Constitution".

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Agencies
July 21,2020

New Delhi, Jul 21: The Supreme Court has asked the Ministry of Finance to look into a plea which claimed a loss of hundreds of crore every day, as the public sector banks are not invoking personal guarantees of big corporates who have defaulted on loans.

A bench comprising Justice R. F. Nariman and Navin Sinha asked the petitioners, Saurabh Jain and Rahul Sharma, who filed the PIL, to move the Finance Ministry with a representation within two weeks. The top court observed that the issue is important and the ministry should respond after the petitioner has made the representation before it. The matter had come up for hearing on Monday.

"We are of the view that at page 115 of the Writ Petition it has been made clear that the Ministry of Finance itself has, by a Circular, directed personal guarantees issued by promoters/managerial personnel to be invoked. According to the petitioners, despite this Circular, Public Sector Undertakings continue not to invoke such guarantees resulting in huge loss not only to the public exchequer but also to the common man", said the bench in its order.

Senior advocate Manan Mishra and advocate Durga Dutt, represented the petitioners.

Mishra contended before the bench that the statistics establish the public sector banks incurred a loss of approximately Rs 1.85 lakh crore in a financial year, and the banks did not take action to invoke personal guarantees of the biggest corporate defaulters.

The bench observed that since the petitioners claim the public sector undertakings are not complying with this circular, "We think you should first go to the ministry," said the bench.

Mishra argued before the bench that the loans from a common man are recovered through a mechanism where officials go through even the minutest detail, but promoters, chairpersons and other senior level functionaries of the big corporates find it convenient to get away by defaulting on loans.

The bench told the petitioner's counsel that the Finance Ministry has already issued a notification on this matter, and the petitioners should seek response from the ministry, and then move the top court. Mishra submitted before the bench to issue a direction to the Finance Ministry to give a response on their representation.

The bench said, "We allow the petitioners, at this stage, to withdraw this Writ Petition and approach the Ministry of Finance with a representation in this behalf. The representation will be made within a period of two weeks from today. The Ministry of Finance is directed to reply to the said representation within a period of four weeks after receiving such representation. With these observations, the petition is allowed to be withdrawn to do the needful."

Mishra contended before the bench seeking liberty to come back after a reply from the Finance Ministry. Justice Nariman said this option is open for petitioners after a decision has been taken by the ministry. "We will hear you", added Justice Nariman.

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News Network
July 12,2020

Hyderabad, Jul 12: Hyderabad MP and All India Majlis-e-Ittehad-ul-Muslimeen chief Asaduddin Owaisi on Saturday condemned the demolition of a mosque and a temple inside the Secretariat building. He demanded the arrest of the contractor for demolition.
"During the process of demolition of the Secretariat building in Telangana, the mosque and temple were also demolished. The contractor must be booked and should be arrested. The public should know that we condemn this," he said while speaking to news agency.
Pointing out that his party MLAs Akbaruddin Owaisi and Moazam Khan have urged the state Assembly to look into the matter, he added, "We are not against the building of a new Secretariat, but what we asked for is not to destroy these structures during the process."
He welcomed the Chief Minister's announcement regarding the rebuilding of these structures.
"We expect the mosque to be built in the exact same place where it once stood. We expect the Chief Minister to speak to the representatives and meet our expectations and emotions about the mosque," he added.

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News Network
May 22,2020

Thiruvananthapuram, May 22: Domestic flyers arriving in Kerala must undergo strict home quarantine as per the lockdown guidelines, in view of increasing COVID-19 cases in the state, Health Minister K K Shailaja said on Friday.

"Even if the domestic flight services resume, those coming in must remain under strict home quarantine as per the guidelines.

There is no change in that. Most people will be coming from the major hotspots of the country," she said.

Announcing the resumption of domestic flight services from May 25, the Civil Aviation Ministry had indicated on Thursday that it was not in favour of quarantining passengers on short-haul flights.

However, the Assam government has made it mandatory for all air passengers coming to that state to stay in quarantine for 14 days.

Apart from the health department and the local self government institutions, Shailaja said the people of Kerala must also ensure that every returnee to the state remained under strict home quarantine in order to curb the spread of the disease.

"We need to strictly keep under observation all those who come fromoutside the state and make sure that they do not come into contact with others including their family members.

They should be effectively remain under room quarantine at their residence," she said.

The state reported 690 cases after 24 more tested positive for coronavirus on Thursday.

As of now over 80,000 people are under observation across the state.

On the death of a 73-year-old woman, who came from Mumbai, on Thursday, the minister said, "Khadijakuttycame from Mumbai along with three others. She alighted at Chavakkad. Her son who picked her up from there took her to the govt hospital as she was tired. She was given good care."

"However, as her condition worsened, had taken a decision to sent her to the medicalcollege. Her swab test was taken and she was tested positive, but she passed away," Shailaja said.

The minister sounded a word of caution that there would be an increase in cases in the coming days as the influx of people coming from abroad and other states would continue.

"We cannot prevent anyone from coming. They are our brothers and were suffering there. We need to save those who come here and also those who are here," the Minister said.

Shailaja said the southern state had successfully managed the first two phases of the viral outbreak in January and March.

"There were three deaths. But we managed to save the rest of the people including a 93-year-old man," she said.

The Minister further said the situation in the state changed after flight services resumed and the border roads were re-opened after May 7.

"Our fatality rate is low and recovery rate is high.

After May 7, when the flight restrictions were lifted and people from other states started coming in, we reported 188 cases.

At least 90 per cent of the positive cases came from outside and the rest are their contacts," she noted.

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