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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 6,2020

New Delhi, Apr 6: With an increase of 490 cases in the last 12 hours, the total number of COVID-19 positive cases in India climbed to 4067, said Ministry of Health and Family Welfare on Monday.

As many as 109 deaths have been reported across the country due to the deadly disease.
There are 3666 active cases in the country while 292 people have been cured/discharged/migrated.

Maharashtra has reported the highest number of COVID-19 cases so far, standing at 690, followed by Tamil Nadu and Delhi with 571 and 503 cases respectively. 

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Agencies
August 4,2020

Ayodhya,  Aug 4: Various religious ceremonies have been conducted for the past 108 days by saints in Ayodhya and Prime Minister Narendra Modi will take part in `muhurat puja' at 12.44 pm on Wednesday as part of 'bhoomi pujan' for construction of a grand Ram temple.

PM Modi will arrive at 12:30 pm at the Ramjanmbhoomi and take part in various prayers including the main "bhoomi pujan".

Govind Giriji Maharaj, treasurer of Shri Ramjanmbhoomi Teerth Kshetra Trust, said that the religious ceremonies will begin from 8:30 am in the morning and will continue till 12:30 pm.

"The Prime Minister will arrive at 12:30 pm and he will offer `puja' for 15 minutes and take 'sankalp'. First Lord Ganesh will be worshipped then he will offer prayers of eight shilas. Some prayers at shilas we have conducted already," Giri told said.

"The muhrat of pooja is at 12: 44 pm. He will say words 'prathisthapayami' and it is crucial to be done in that muhrat," he said.

Elaborating on the rituals to be performed tomorrow by the Prime Minister, the trust member said that most important is `Kurm Shila' .

"The most important is Kurm Shila - this is right beneath the place where Ram Lalla will be seated. It is this ceremony that we are conducting tomorrow. A cone of Bakul tree wood will be kept in ceremony. This isn't an ordinary cone, it is made of various metals including gold and silver. 

A lotus with nine gems too will be part of pujan which will be offered to this cone by the Prime Minister," he said.

"These are intrinsic to main bhumi pujan. The first religious ceremony was of Devi Kali. There are two devi kalis here, `choti' and `badi'. She is kuldevi, family's goddess of Sita. Today we held Ramarchan ceremony," said Giri.

The Vedic pundits who are involved in religious ceremonies have come from Delhi, Mathura and Kashi.

Asked about the absence of Nepal's religious head of Janaki Mandir, he said that there are many, including 20 religious heads, who would not able to come because they can't leave their seat in Chaturmas.

On the design of temple, Giri said, the old design will remain as it is except a rise in height.

"The structure has become popular and we will keep it. Keeping in mind the modernisation of architecture, we have raised height from 128 feet to 161 feet and instead of three peaks we will have five peaks," he said.

Kanchi Pithadhishvar Maharaj has sent silver coins as souvenirs for every sadhu participating in it, Giri said.

Invitations have been sent to 175 people, including 135 saints of 35 religious organisations to attend the foundation stone-laying ceremony of Ram temple.

The construction of Ram temple will begin in Ayodhya after the ceremony to lay the foundation stone.

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News Network
January 1,2020

Pune, Jan 1: Maharashtra Deputy Chief Minister Ajit Pawar and Vanchit Bahujan Aghadi president Prakash Ambedkar paid tributes at the 'Jay Stambh' near here on Wednesday on the 202nd anniversary of Koregaon Bhima battle.

Lakhs of people congregate every year at the 'Jay Stambh' (victory pillar) near Koregaon Bhima village to offer tributes on the anniversary of the battle, which was fought on January 1, 1818 between the British East India Company and the Peshwa faction of the Maratha Confederacy.

Violence broke out during the bicentenary celebrations of the Koregaon Bhima battle on January 1, 2018 in which one person was killed and several others were injured.

Police have made elaborate security arrangements to ensure no untoward incident takes place during the congregation at the victory pillar, an official said.

Talking to reporters after visiting the victory pillar, Pawar said he came to offer tributes on behalf of the people of Maharashtra.

"This pillar has history and every year lakhs of people come here. Some untoward incidents took place two years ago, but the government is taking utmost care and elaborate police bandobast has been made here to ensure that no untoward incident takes place," he said.

Pawar also urged people to visit the war memorial in a peaceful manner.

"I appeal to people to come here and offer their tributes, but maintain peace and do not believe in rumours," the NCP leader said.

Prakash Ambedkar also offered his tributes at the victory pillar.

Pune Police last week issued notices to several people, including right-wing leaders Milind Ekbote and Sambhaji Bhide, and members of Kabir Kala Manch, barring them from entering the district for four days from December 29.

The notices, as part of preventive action, were issued to all those against whom cases were registered in connection with the violence two years ago.

Ekbote was arrested in March 2018 for allegedly instigating and orchestrating the violence around Koregaon Bhima.

Bhide was also booked and named in the FIR, but never arrested.

The police attributed the violence to the Elgar Parishad conclave held here on December 31, 2017, where provocative speeches were allegedly made.

They are also probing the alleged "Maoist link" of some activists to the Elgar Parishad conclave.

Several Dalit groups observe the anniversary of the Koregaon Bhima battle, in which the British defeated the Peshwas of Maharashtra.

The memorial, located at Perne village on Pune- Ahmednagar road, was constructed by the British in the memory of soldiers who died in the battle.

Dalit leaders commemorate the British victory as soldiers from the Mahar community were part of the East India Company's forces.

The Peshwas were Brahmins, and the victory is seen as a symbol of assertiveness by Dalits.

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