Fiat to Army: decide on trial or court-martial

May 2, 2012
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New Delhi, May 2: The Supreme Court on Tuesday directed the Army to decide whether its personnel involved in fake encounter killings in Pathribal in Jammu and Kashmir and Assam should be court-martialled or tried in regular criminal courts.

If Army authorities were not keen on court-martial proceedings, the Central Bureau of Investigation could seek sanction from the Centre for prosecution of the erring officers, said a Bench of Justices B.S. Chauhan and Swatanter Kumar.

The case of killing of five civilians in the March 2000 Pathribal encounter has been pending in a Srinagar trial court with both the Army authorities and the officers challenging the Magistrate's order which asked the Army to explain, under Section 125 of the Army Act, whether it would try its men or wanted the civilian court to do the job. As the Jammu and Kashmir High Court ruled against them, the Army personnel appealed to the Supreme Court.

The CBI maintained that no sanction was necessary to prosecute the erring officers under the Armed Forces (Special Powers) Act (AFSPA) as the cold-blooded murders could not be said to fall within the ambit of their official duties.

In Assam, the CBI completed the investigation and filed charge sheet against seven Army personnel in the Court of Special Judicial Magistrate, Kamrup, under Section 302/201 read with Section 109 of the Indian Penal Code, for killing five civilians in a fake encounter. In this case, the Centre maintained that sanction from the competent authority was required for the prosecution of Army personnel.

Writing the judgment, Justice Chauhan said: “The competent Army Authority has to exercise his discretion as to whether the trial would be by a court-martial or a criminal court after the filing of the charge sheet and not after cognisance of the offence is taken by the court. A conjoint reading of the relevant statutory provisions and rules makes it clear that the term ‘institution' contained in Section 7 of the Act 1990 means taking cognisance of the offence and not mere presentation of the charge sheet by the investigating agency.”

Rejecting the Centre's stand that the Army personnel facing the CBI charge sheet could not be tried as they were discharging their official duty, the Bench said: “Facts of this case require sanction of the Central government to proceed with the criminal prosecution/trial. In case option is made to try the accused by a court-martial, sanction of the Central government is not required.”

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News Network
April 16,2020

United Nations, Apr 16: WHO chief Tedros Adhanom Ghebreyesus has welcomed the world health body's cooperation with India to leverage strategies that helped the country win its war against polio into the response to COVID-19 outbreak, saying such joint efforts will help defeat the pandemic.

The World Health Organization (WHO) has said it will work with India's Ministry of Health and Family Welfare to leverage the strategies that helped the country eradicate polio to fight the pandemic.

Migrants who returned to UP and Bihar were hurriedly housed in schools and panchayat buildings, which were turned into quarantine centres. However, unhygienic conditions and people running away have proved to be a problem

The WHO's national polio surveillance network will be engaged to strengthen COVID-19 surveillance and its field staff will continue to support immunization and elimination of tuberculosis and other diseases.

“Great news: @MoHFW_INDIA & @WHOSEARO initiated a systematic engagement of @WHO's national polio surveillance network, and other field staff, for India's #COVID19 response, tapping into the best practices & resources that helped win its war against polio,” the WHO director-general tweeted, referring to India's Ministry of Health and Family Welfare and World Health Organization Regional Office for South-East Asia.

According to the Johns Hopkins University data, over 2 million people are infected by the virus and more than 136,000 people have died of the disease globally.

Ghebreyesus expressed gratitude to Health and Family Welfare Minister Harsh Vardhan “for his leadership and collaboration” with WHO. “Through these joint efforts we can defeat the #coronavirus and save lives. Together!”

India eliminated polio in 2014.
According to a WHO press release, Vardhan said in New Delhi that “time and again the Government of India and WHO together have shown our ability, competence and prowess to the whole world. With our combined meticulous work, done with full sincerity and dedication, we were able to get rid of polio.”

“All of you in the field – IDSP (Integrated Disease Surveillance Project), state rapid response teams and WHO - are our ‘surveillance corona warriors'. With your joint efforts we can defeat the coronavirus and save lives,” Vardhan added.

WHO South-East Asia Regional Director Poonam Khetrapal Singh said the National Polio Surveillance Project (WHO-NPSP) played a critical role in strengthening surveillance for polio that generated useful, timely and accurate data to guide policies, strategies and interventions until transmission of the poliovirus was interrupted in the country,” adding that the other WHO field staff involved with elimination of tuberculosis and neglected tropical diseases and hypertension control initiative were also significant resources.

Singh added that “it is now time to use all your experience, knowledge and skills, with the same rigor and discipline that you showed while monitoring polio activities, to support districts with surveillance, contact tracing and containment activities.”

The WHO release said strengths of the NPSP team – surveillance, data management, monitoring and supervision, and responding to local situations and challenges – will be utilized to supplement efforts of National Centre for Disease Control, IDSP and Indian Council of Medical Research to strengthen COVID-19 surveillance.

The NPSP team will also support in sharing information and best practices and help states and districts calibrate their response based on transmission scenarios and local capacities.

The WHO field staff will continue to support immunization and surveillance and elimination of Tuberculosis and Neglected Tropical Diseases, Singh said, adding, “disease outbreaks can negatively impact progress in a range of areas, from maternal and child mortality to vaccine-preventable diseases and other treatable conditions. India had been making stupendous progress in these areas and we cannot afford for India's remarkable progress to be set back or reversed.”

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Agencies
June 15,2020

Nuapada, Jun 15: In a shocking incident, a 70-year-old elderly woman had to drag her 100-year-old bedridden mother on a cot to the nearby bank to withdraw pension money of Rs 1,500.

The incident came to light after a video of the woman dragging her bedridden mother on a cot to a bank in Odisha's Nuapada district went viral on social media.

The woman from Bargaon village dragged her mother on the cot after the bank official allegedly asked for physical verification. The incident took place on June 9.

"I went to the bank several times in last three months and requested the bank official to release the pension amount. However, the official informed that they would release the pension if I bring my mother to the branch," said Punjimati Dei.

Bank manager Ajit Pradhan allegedly asked Dei to bring her bedridden mother Labhe Baghel to the bank.

Her mother is an account holder under Jan Dhan Yojana of the Central government.

The Centre had announced Rs 500 monthly assistance for women Jan Dhan bank account holders from April to June in view of the COVID-19 situation.

A district administration official informed that the woman reached the bank with her mother before the manager could visit her home for the verification.

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News Network
May 15,2020

New Delhi, May 15: Union Health Minister Harsh Vardhan has appealed to all states and Union Territories to ban the sale of smokeless tobacco products and spitting in public places in line with the orders of the Rajasthan and Jharkhand governments to prevent the spread of coronavirus infection.

In a letter to all state health ministers, Vardhan said smokeless tobacco users have a tendency to spit in public places or otherwise and therefore, increase health risks especially those of spreading contagious diseases like COVID-19, tuberculosis, swine flu, encephalitis and others.

"Use of smokeless tobacco also creates an unhygienic environment which further spreads the diseases. The large gathering at the retail outlets where smokeless tobacco products are sold, also pose the risk of spread of COVID-19," he said.

In the letter dated May 11, the Union minister underlined that tobacco use is a major threat to public health globally. He also mentioned the Indian Council of Medical Research's (ICMR) appeal to the public not to consume and spit smokeless tobacco products in public places.

Chewing tobacco products and areca nut increases the production of saliva followed by a very strong urge to spit. Spitting in public places could enhance the spread of the COVID-19, Vardhan said.

"By banning spitting in public places, states and UTs can help in achieving not only Swachh Bharat but also Swasth Bharat (Clean India and Healthy India)," he said.

Vardhan also mentioned the May 1 guidelines issued by the Union Home Ministry under the National Disaster Management Act, 2005, which stipulate that "spitting in public places shall be punishable with fine as may be prescribed by the state/UT local authority and consumption of liquor, pan, gutkha, tobacco etc in public places is not allowed".

Appreciating the efforts of Rajasthan and Jharkhand in this direction, the Union Health Minister urged all states to take similar measures and create widespread awareness regarding the harm of spitting in public places.

The Rajasthan government had by an ordinance banned spinning in public places and sale of paan, gutka and tobacco in the wake of the coronavirus outbreak. The Jharkhand too has imposed a complete ban on all types of tobacco products to prevent spitting in public places that could increase the spread of coronavirus infection.

"I am happy to note that the governments of Jharkhand and Rajasthan have already completely banned the sale of tobacco products and spitting in public places. Therefore, I urge upon you to take similar measures and also create widespread awareness in your state/ UT regarding harms of spitting in public places.

"It is also requested that the directions of Ministry of Home Affairs in this regard may be implemented scrupulously and effectively," Vardhan said in the letter.

Tobacco smoking is a known risk factor for many respiratory infections and increases the severity of related diseases. A review of studies by public health experts convened by WHO on April 29 found that smokers are more likely to develop severe diseases, compared to non-smokers, said Binoy Mathew, senior programme officer of Voluntary Health Association of India.

It is one of the main risk factors for a number of chronic ailments, including cancer, lung and cardiovascular diseases, he said, adding that according to the Global Adult Tobacco Survey, with 268 million or 28.6 per cent of all adults in India, the country has the second largest number of tobacco users in the world.

At least 12 lakh die from tobacco-related diseases every year, Mathew said.

Those keen to quit smoking and smokeless products can avail of free of charge telephone-based services launched by the government. The Ministry of Health has set up a National Tobacco Quit Line Services to provide counselling services to help tobacco consumers quit the habit.

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