Muslim Law Board Moves Top Court against Triple Talaq Law

Agencies
October 22, 2019

New Delhi, Oct 22: The All India Muslim Personal Law Board (AIMPLB) Monday filed a plea in the Supreme Court challenging the law which criminalises instant "triple talaq".

The Muslim Women (Protection of Rights on Marriage) Act, 2019 makes "talaq-e-biddat" or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband void and illegal.

It makes it illegal to pronounce talaq three times in spoken, written or through SMS or WhatsApp or any other electronic chat in one sitting.

Any Muslim husband who pronounces the illegal form of talaq upon his wife is to be punished with imprisonment for a term which may extend to three years, and also be liable to fine, it says.

The plea by AIMPLB and Kamal Faruqui has challenged the Constitutional validity of the Act on the ground that it is manifestly arbitrary and offends Articles 14, 15, 20 and 21 of the Constitution and makes unwarranted/wrongful interference in the Muslim Personal Law as applicable to Hanafi Muslims.

"The impugned Act is a criminal statute having adverse impact on the life and personal liberty of those on whom penal consequences are to be visited. It is the elementary principle of law that any act or omission which is dealt with penal consequences should be defined with accuracy and precision.

"A Muslim husband whose act or omission may be visited with penal consequences must have fair notice of ingredients of act or omission that is declared criminal so that such person can organize his affairs in such a way to avoid any conflict with law," the plea said.

Since pronouncement of triple Talaq in one sitting has already been declared to be unconstitutional and its practice set aside, such utterance has no legal/civil consequence, it said.

"Consequently, despite such utterances, marriage survives. Therefore, it was totally redundant and irrational to declare statutorily the practice of talaq-e-biddat as void."

"Secondly, section 3 of the Impugned Act also suffers from internal contradiction because if any act which is declared void has no existence in the eyes of law and it is redundant and contradictory to declare non-existent act illegal. The section therefore, suffers from manifest arbitrariness as it makes provision of law which is totally unnecessary," the plea said.

In 2017, the top court had struck down the practice of instant triple talaq. The Act was passed by Parliament on July 30.

The top court had earlier agreed to examine the validity of the newly enacted law on a batch a of petitions which sought to declare the Act as unconstitutional.

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News Network
January 15,2020

Srinagar, Jan 15: The Jammu and Kashmir administration on Tuesday evening allowed mobile Internet in parts of Jammu region and broadband in establishments providing essential services, days after the Supreme Court ordered a review of the curbs imposed in the Union Territory.

The order comes into effect from January 15 and shall remain in force for seven days, a government communication said.

In a three-page order, the administration asked Internet service providers to offer broadband facility (with Mac binding) to all institutions dealing with essential services such as hospitals, banks and government offices.

In order to facilitate tourism, the broadband Internet services would be provided to hotels and tour and travel establishments, the order said.

Mac Binding essentially means to enforce a client machine to work from a particular Internet Protocol address.

"Prior to giving such facility, the service providers have been asked to install necessary firewalls and carry out white-listing of sites that would enable government websites and website dealing with essential services like e-banking," the order said.

However, all social media sites remain out of bounds. "There shall be complete restrictions on social media applications allowing peer-to-peer communication and virtual private network applications for the time being," the order said.

The institutions and government offices that are being provided Internet access shall be responsible to prevent misuse, according to the order.

It said the 2G mobile connectivity on post-paid mobiles for accessing white-listed websites including e-banking will be allowed in districts of Jammu, Samba, Kathua, Udhampur and Reasi -- all in the Jammu region.

The order said that the police has brought material relating to the terror modules operating in Jammu and Kashmir including handlers from across the border who are attempting to aid and incite people by transmission of fake news and targeted messages through use of Internet.

The relaxation came days after the Supreme Court said access to the Internet is a fundamental right under Article 19 of the Constitution.

The SC verdict had come on Friday on a batch of pleas challenging the curbs imposed in Jammu and Kashmir after the Centre's abrogation of provisions of Article 370 on August 5 last year.

The court had also asked the Jammu and Kashmir administration to review within a week all orders imposing curbs in the Union Territory.

It had asked the J-K administration to restore Internet services in institutions such as hospitals and educational places providing essential services.

The J-K administration's Tuesday communication said that in view of the Supreme Court directions, the situation has been reviewed and Internet has been opened whereever it was possible keeping in view the security consideration.

In Kashmir, 400 additional Internet kiosks will be established, besides the 900 terminals which are already operational in the Valley.

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News Network
February 6,2020

Washington, Feb 6: U.S. president Donald Trump drew on staunch Republican support to defeat the gravest threat yet to his three-year-old presidency on Wednesday, winning acquittal in the Senate on impeachment charges of abuse of power and obstruction of Congress.

Only the third U.S. leader ever placed on trial, Trump readily defeated the Democratic-led effort to expel him from office for having illicitly sought help from Ukraine to bolster his 2020 re-election effort.

Trump immediately claimed "victory" while the White House declared it a full "exoneration" for the president -- even as Democrats rejected the acquittal as the "valueless" outcome of an unfair trial.

Despite being confronted with strong evidence, Republicans stayed loyal and mustered a majority of votes to clear the president of both charges -- by 52 to 48 on abuse of power and 53 to 47 on obstruction of Congress -- falling far short of the two-thirds supermajority required for conviction.

"Two thirds of the senators present not having found him guilty of the charges contained therein, it is therefore ordered and adjudged that the said Donald John Trump be, and he is hereby, acquitted," said Supreme Court chief justice John Roberts, who presided over the trial.

The months-long impeachment of the 45th US leader shone a harsh light on America's political divide, with Trump's core support base united behind him in rejecting it as a "hoax."

One Republican, senator Mitt Romney, a longtime Trump foe, risked White House wrath to vote alongside Democrats on the first count, saying Trump was "guilty of an appalling abuse of public trust." He voted not guilty on the second charge.

But the verdict was never truly in question since the House of Representatives formally impeached Trump in December, and has now cleared out a major hurdle for the president to fully plunge into his campaign for re-election in November.

Trump to speak Thursday

Responding to the verdict, Trump announced he would deliver a formal statement Thursday from the White House "to discuss our Country's VICTORY on the Impeachment Hoax!"

Shortly before, the president tweeted a montage depicting a fake cover of Time magazine declaring him president for all eternity.

The White House declared that Trump had obtained "full vindication and exoneration."

But Nancy Pelosi, the House Speaker and top Democrat in Congress, said that by clearing Trump, the Republicans had "normalized lawlessness."

"There can be no acquittal without a trial, and there is no trial without witnesses, documents and evidence," she said.

"Sadly, because of the Republican Senate's betrayal of the Constitution, the president remains an ongoing threat to American democracy, with his insistence that he is above the law and that he can corrupt the elections if he wants to."

Senate minority leader Chuck Schumer said the acquittal was "virtually valueless" since Republicans refused witnesses at his trial.

'Forever impeached'

The Democrats' intense 78-day House investigation faced public doubts and high-pressure stonewalling from the White House.

Concerned about the political risk for the party, Pelosi rejected a call early last year to impeach Trump on evidence compiled by then-special counsel Robert Mueller that he had obstructed the Russia election meddling investigation.

But her concerns melted after new allegations surfaced in August that Trump had pressured Ukraine for help for his 2020 campaign.

Though doubtful from the outset that they would win support from Republicans, an investigation amassed with surprising speed strong evidence to support the allegations.

The evidence showed that from early in 2019, Trump's private lawyer Rudy Giuliani and a close political ally, Ambassador to the European Union Gordon Sondland, were scheming to pressure Kiev to help smear Democrats, including Trump's potential 2020 rival Joe Biden, by opening investigations into them.

"We must say enough -- enough! He has betrayed our national security, and he will do so again," Adam Schiff, who led the House investigation, argued on the Senate floor this week.

"He has compromised our elections, and he will do so again," Schiff said.

'Colossal' mistake

In the trial, Trump's defence was not seen as having undermined the facts compiled by Schiff's probe, and several Republican senators acknowledged he did wrong.

But his lawyers and Senate defenders argued, essentially, that Trump's behaviour was not egregious enough for impeachment and removal.

And, pointing to the December House impeachment vote, starkly along party lines, they painted it as a political effort to "destroy the president" in an election year and insisted voters should be allowed to decide Trump's fate.

Senate majority leader Mitch McConnell said impeachment will benefit Republicans.

"Right now this is a political loser for them. They initiated it. They thought this was a great idea. At least for the short term, it has been a colossal political mistake."

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News Network
February 9,2020

New Delhi, Feb 9: Calling India a "long-standing friend", Sri Lankan Prime Minister Mahinda Rajapaksa on Saturday thanked Prime Minister Narendra Modi for visiting his country in the aftermath of last year's Easter Sunday terror attacks and outlined that New Delhi has always helped Colombo in its fight against terrorism.

In a joint press briefing with PM Modi, Mahinda Rajapaksa said he hopes that India will continue to help Sri Lanka fight terrorism.

Mahinda Rajapaksa expressed his gratitude to PM Modi for the neighbourhood first policy and the priority India gives to Sri Lanka.

"We had agreed that our cooperation is multifaceted and priority is given to a number of areas including security, economy, culture and social sectors. Part of our discussions centered on cooperation with regard to the security of the two countries. India has always assisted Sri Lanka to enhance our capacity, capabilities in intelligence and counter-terrorism. We look forward to getting continued support in this regard," he said.

"I thank the Prime Minister for visiting Sri Lanka in the aftermath of the Easter Sunday terror attacks that provided us with immense strength to come to terms with the tragedy. We also appreciate Prime Minister Modi's $400 million line of credit to enhance the economy of Sri Lanka and another $50 million line of credit for fighting terrorism," he added.

The Sri Lankan president urged PM Modi to consider further assistance to expand housing projectS all over Sri Lanka to benefit people from rural areas.

"The Prime Minister and I discussed how Sri Lanka and India can work together in the field of economy. India is among the world's fastest growing economies. I discussed with PM Modi how Sri Lanka could benefit from certain economic sectors where India is in a strong position," he said.

Concluding his statement, Mahinda Rajapaksa said, "India is our closest neighbour and a long-standing friend. The close historical links...provided a solid foundation to our ties."

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