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".

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 2,2020

Washington, Jan 2: The number of people killed in large commercial airplane crashes fell by more than 50% in 2019 despite a high-profile Boeing 737 MAX crash in Ethiopia in March, a Dutch consulting firm said on Wednesday. Aviation consulting firm To70 said there were 86 accidents involving large commercial planes - including eight fatal incidents - resulting in 257 fatalities last year. In 2018, there were 160 accidents, including 13 fatal ones, resulting in 534 deaths, the firm said.

To70 said the fatal accident rate for large airplanes in commercial passenger air transport was just 0.18 fatal accident per million flights in 2019, or an average one fatal accident every 5.58 million flights, a significant improvement over 2018. The fatality numbers include passengers, air crew such as flight attendants and any people on the ground killed in a plane accident

Large passenger airplanes in the study are aircraft used by nearly all travelers on airlines worldwide but excludes small commuter airplanes in service, including the Cessna Caravan and some smaller turboprop airplanes, according to To70.

On Dec. 23, Boeing's board said it had fired Chief Executive Dennis Muilenburg after a pair of fatal crashes involving the 737 MAX forced it to announce it was halting output of its best-selling jetliner. The 737 MAX has been grounded since March after an October 2018 crash in Indonesia and the crash of a MAX in Ethiopia in March killed a total of 346 people.

To70 said the aviation industry spent significant effort in 2019 "focusing on so-called 'future threats' such as drones." But the MAX crashes "are a reminder that we need to retain our focus on the basics that make civil aviation so safe: well-designed and well-built aircraft flown by fully informed and well-trained crews."

The Aviation Safety Network said on Wednesday that, despite the MAX crash, 2019 "was one of the safest years ever for commercial aviation." The 157 people killed in March on Ethiopian Airlines Flight 302 accounted for more than half of all deaths last year worldwide in passenger airline crashes.

Over the last two decades, aviation deaths around the world have been falling dramatically even as travel has increased. As recently as 2005, there were 1,015 deaths aboard commercial passenger flights worldwide, the Aviation Safety Network said.

Last week, 12 people were killed when a Fokker 100 operated by Kazakh carrier Bek Air crashed near Almaty after takeoff. In May, a Russian Sukhoi Superjet 100 aircraft caught fire as it made an emergency landing at Moscow’s Sheremetyevo airport, killing 41 people.

The figures do not include accidents involving military flights, training flights, private flights, cargo operations and helicopters.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
February 3,2020

Indore, Feb 3: Senior Congress leader Digvijaya Singh on Sunday attacked the Centre for conferring the Padma Shri on Pakistan-origin singer Adnan Sami, who became an Indian citizen in 2016.

Addressing "Save the Constitution, Save the Country" rally here in Madhya Pradesh, Singh said Sami's father had "pounded India with bombs" when he was serving with the Pakistani Air Force (PAF).

"Since Sami is an artist who has come from Pakistan, I had recommended his case to the Indian government for citizenship. He has got Indian citizenship under the Modi government," the Congress leader said, adding that he never made any recommendation to the government for conferring Padma Shri on Sami.

He said Sami's father had "dropped bombs against us" while flying a Pakistan Air Force combat plane.

"In contrast, Indian Army officer Sanaullah of Assam, who had fought against the enemy, was sent to a detention camp for failing to show documents (during the Assam NRC exercise). This is the citizenship law of the Modi government," he said.

Sami, born in London to a Pakistani Air force veteran, applied for Indian citizenship in 2015 and became a citizen of the country in January 2016.

He was one of the 118 people chosen for the Padma Shri awards by the Centre last month.

Comments

Indian Citizen
 - 
Monday, 3 Feb 2020

 

Nowadays, Modi is uttering Pakistan even in his dream, while putting the India & Indians on the fence.

BSF Officer Sanaullah was deprived of his basic rights and put in the detention center while Adnan Sami was granted citizenship and conferred with prestigious "Padma Shri" Award. Really, Modi & Amit Shah duos doesn't know what they are doing in India.....what a bizzare!!!

 

Indian Citizen
 - 
Monday, 3 Feb 2020

Nowadays, Modi is uttering Pakistan even in his dream, while putting the India & Indians on the fence.

BSF Officer Sanaullah was deprived of his basic rights and put in the detention center while Adnan Sami was granted citizenship and conferred with prestigious "Padma Shri" Award. Really, Modi & Amit Shah duos doesn't know what they are doing in India.....what a bizzare!!!

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 7,2020

Dubai/Washington, Jan 7: Iran's Supreme Leader Ayatollah Ali Khamenei wept in grief with hundreds of thousands of mourners thronging Tehran's streets on Monday for the funeral of military commander Qassem Soleimani, killed by a U.S. drone on U.S. President Donald Trump's orders.

The coffins of General Qassem Soleimani and Iraqi militia leader Abu Mahdi al-Muhandis, who also died in Friday's attack in Baghdad, were draped in their national flags and passed from hand to hand over the heads of mourners in central Tehran.

Responding to Trump's threats to hit 52 Iranian sites if Tehran retaliates for the drone strike, Iran's President Hassan Rouhani pointedly wrote on Twitter: "Never threaten the Iranian nation." And Soleimani's successor vowed to expel U.S. forces from the Middle East in revenge.

Khamenei, 80, led prayers at the funeral, pausing as his voice cracked with emotion. Soleimani, 62, was a national hero in Iran, even to many who do not consider themselves supporters of Iran's clerical rulers.

Aerial footage showed people, many clad in black, packing thoroughfares and side streets in the Iranian capital, chanting "Death to America!" - a show of national unity after anti-government protests in November in which many demonstrators were killed.

The crowd, which state media said numbered in the millions, recalled the masses of people that gathered in 1989 for the funeral of the Islamic Republic's founder, Ayatollah Ruhollah Khomeini. Soleimani, architect of Iran's drive to extend its influence across the Middle East, was widely seen as Iran's second most powerful figure behind Khamenei.

His killing of Soleimani has prompted concern around the world that a broader regional conflict could flare.

Trump on Saturday vowed to strike 52 Iranian targets, including cultural sites, if Iran retaliates with attacks on Americans or U.S. assets, and stood by his threat on Sunday, though American officials sought to downplay his reference to cultural targets. The 52 figure, Trump noted, matched the number of U.S. Embassy hostages held for 444 days after the 1979 Iranian Revolution.

Rouhani, regarded as a moderate, responded to Trump on Twitter.

"Those who refer to the number 52 should also remember the number 290. #IR655," Rouhani wrote, referring to the 1988 shooting down of an Iranian airline by a U.S. warship in which 290 were killed.

Trump also took to Twitter to reiterate the White House stance that "Iran will never have a nuclear weapon" but gave no other details.

'ACTIONS WILL BE TAKEN'

General Esmail Ghaani, Soleimani's successor as commander of the Quds Force, the elite unit of Iran's Revolutionary Guards charged with overseas operations, promised to "continue martyr Soleimani's cause as firmly as before with the help of God, and in return for his martyrdom we aim to rid the region of America."

"God the Almighty has promised to take martyr Soleimani's revenge," he told state television. "Certainly, actions will be taken."

Other political and military leaders have made similar, unspecific threats. Iran, which lies at the mouth of the key Gulf oil shipping route, has a range of proxy forces in the region through which it could act.

Iran's demand for U.S. forces to withdraw from the region gained traction on Sunday when Iraq's parliament passed a resolution calling for all foreign troops to leave the country.

Iraqi caretaker Prime Minister Abdel Abdul Mahdi told the U.S. ambassador to Baghdad on Monday that both nations needed to implement the resolution, the premier's office said in a statement. It did not give a timeline.

The United States has about 5,000 troops in Iraq.

Soleimani built a network of proxy militia that formed a crescent of influence - and a direct challenge to the United States and its regional allies led by Saudi Arabia - stretching from Lebanon through Syria and Iraq to Iran. Outside the crescent, Iran nurtured allied Palestinian and Yemeni groups.

He notably mobilised Shi'ite Muslim militia forces in Iraq that helped to crush ISIS, the Sunni militant group that had seized control of swathes of Syria and Iraq in 2014.

Washington, however, blames Soleimani for attacks on U.S. forces and their allies.

The funeral moves to Soleimani's southern home city of Kerman on Tuesday. Zeinab Soleimani, his daughter, told mourners in Tehran that the United States would face a "dark day" for her father's death, adding, "Crazy Trump, don't think that everything is over with my father's martyrdom."

NUCLEAR DEAL

Iran stoked tensions on Sunday by dropping all limitations on its uranium enrichment, another step back from commitments under a landmark deal with major powers in 2015 to curtail its nuclear programme that Trump abandoned in 2018.

In response, European signatories may launch a dispute resolution process against Iran this week that could lead to a renewal of the United Nations sanctions that were lifted as part of the deal, European diplomats said on Monday.

Diplomats said France, Britain and Germany could make a decision ahead of an EU foreign ministers' meeting on Friday that would assess whether there were any ways to salvage the deal.

After quitting the deal, the United States imposed new sanctions on Iran, saying it wanted to halt Iranian oil exports, the main source of government revenues. Iran's economy has been in freefall as the currency has plunged.

Trump adviser Kellyanne Conway said on Monday that he was still confident he could renegotiate a new nuclear agreement "if Iran wants to start behaving like a normal country."

Tehran has said Washington must return to the existing nuclear pact and lift sanctions before any talks can take place.

The United States advised American citizens in Israel and the Palestinian territories to be vigilant, citing the risk of rocket fire amid heightened tensions. As a U.S. ally against Iran, Israel is concerned about possible rocket attacks from Gaza, ruled by Iranian-backed Palestinian Islamists, or major Iran proxy Hezbollah in Lebanon.

Democratic critics of Trump have said the Republican president was reckless in authorising the strike, with some saying his threat to hit cultural sites amounted to a vow to commit war crimes. Trump also threatened sanctions against Iraq and said Baghdad would have to pay Washington for an air base in Iraq if U.S. troops were required to leave.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.