High Court comes down hard on Gujarat govt over ban on cattle export

Agencies
April 12, 2019

Ahmedabad, Apr 12: The Gujarat High Court has quashed three notifications of the state government aimed at stopping export of livestock from Tuna Port, terming it "colourable exercise of powers" to do something which cannot be done directly.

A division bench of justices Harsha Devani and Bhargav Karia passed the judgment last week.

The court noted that "with a view to appease a section of the society which is averse to export of livestock from Tuna Port, the government has...from time to time taken all steps to ensure that petitioners and other similarly situated persons are not able to export livestock from Tuna Port".

Several livestock exporters had knocked the high court's doors after the state government issued various orders in December 2018 which in effect banned export of animals from Tuna in Kutch.

Chief Minister Vijay Rupani had announced in December that his government will not allow export of animals from the port, noted the high court.

On the same day the Agriculture Department issued a notification under the Gujarat Essential Commodities and Cattle (Control) Act, prohibiting movement of cattle from outside into any drought-affected area. Kutch was already declared as drought-affected region then.

Then the Director of Animal Husbandry informed the Commissioner of Customs that the state government has decided to withdraw the services provided for health check-up of animals to be exported.

"He further urged the Commissioner of Customs not to allow export of live animals from Tuna...until specified (check-up) facility is established", the HC noted.

On the same day, the Home Department directed Kutch police to set up check posts to keep a watch on transportation of animals, the high court said.

"What cannot be done directly by the State Government is sought to be done indirectly under the guise of exercise of powers under section 4(1)(b) of the (Cattle Protection) Act... notification, therefore, clearly has been issued in colourable exercise of powers and deserves to be struck down", it said.

The intention was to prohibit export "which is otherwise not a state subject", the judges opined.

Though the state government requested the court to stay its order so that it could move the Supreme Court, no stay was granted.

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News Network
July 6,2020

Jul 6: At least 8 lakh Indians may be forced to leave Kuwait as the country's legal and legislative committee has approved a draft expat quota Bill, reported.

The Bill, which states that Indians should not exceed 15 percent of the population, was determined as constitutional by the National Assembly, local media reported.

It will soon be transferred to the respective committee so that a comprehensive plan is created.

Expats account for 30 lakh of Kuwait's 43 lakh population. Indian community constitutes the largest expat community in Kuwait, totalling 14.5 lakh.

The move comes as the number of Covid-19 cases has spiked in the country, with 49,000 cases being reported so far.

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News Network
February 12,2020

Belagavi, 12: Even though the investigation into the four abandoned country pistols that were recovered by the Karnataka police on the outskirts of Waghawade village in Belagavi taluk last weekend did not make any headway, the police are verifying if the weapons had been used by the assassin of Gauri Lankesh for training.

Four country pistols were found abandoned on the outskirts of Waghawade on Sunday. Locals informed that the police had taken the weapons for inspection.

Prima facie it appeared that the weapons were rusted and had not been used for long. Cases had been registered against unidentified persons and investigations were in progress.

After reports that the weapons could have been used for training by the assassin of Gauri Lankesh in the forests in Khanapur, a few kilometres away from the spot wherein they were found, police have been looking into this angle too.

Sources said the condition of the weapons indicated that they have not been used for decades but to allay doubt all aspects were being looked into.

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News Network
April 4,2020

New Delhi, Apr 4: The Supreme Court on Friday urged Karnataka and Kerala to amicably resolve their issues concerning a border blockade that has choked the free flow of vehicles carrying essential items and patients in the midst of the COVID-19 outbreak.

Karnataka, which imposed the blockade, justified that its border was sealed to “combat the spread of the pandemic by preventing the movement of people from the bordering districts of Kerala to Karnataka”.

The State had moved the Supreme Court, challenging a Kerala High Court order on April 1 to open the border. Kerala has countered that patients from the State cannot be denied access to health care. Besides, the blockade has severely affected the supply of essential items, from medicines to food, to Kerala.

On Friday, a Supreme Court Bench of Justices L. Nageswara Rao and Deepak Gupta urged the States to not confront each other in the midst of an unprecedented public health crisis. Instead, it asked the Chief Secretaries of both States to sit with the Union Health Secretary and iron out a solution. Meanwhile, the apex court urged Kerala not to take any precipitative action based on the High Court order.

The court issued notice to Kerala on the appeal filed by Karnataka, represented by advocate Shubhranshu Padhi. It listed the case for further hearing on April 7.

Karnataka, in its appeal against the High Court order, said the blockade was put in place in the interest of public health. The situation regarding Coronavirus was “really dire”, it said. It warned that opening the blockade would cause a law and order issue as its local population wanted the border to remain sealed.

Karnataka argued that Kerala was the “worst-affected” State in the country with nearly 194 coronavirus cases. In this, Kasaragod, adjoining Karnataka, was the “worst affected” district of Kerala with over a 100 positive cases.

MP’s plea

The court also separately considered a writ petition by Kasaragod MP Rajmohan Unnithan for an order to forthwith open the State border.

The parliamentarian, represented by advocates Haris Beeran and Pallavi Pratap, urged the court to issue an ex-parte stay on the operation of the blockade imposed by Karnataka with its border States.

Mr. Unnithan said Karnataka’s blockade was “ill-planned and dangerous” and had led to loss of lives. Two patients from Kerala, in need of urgent medical care, died after their ambulances were denied entry at the border by the Karnataka authorities. 

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