Blow to Mamata as HC nixes Singur Act

June 23, 2012
mamatha

Kolkata, June 23: The Calcutta High Court on Friday held the Singur Land Rehabilitation and Development Act, 2011, “unconstitutional and void.”

The Act was the brainchild of West Bengal Chief Minister Mamata Banerjee.

The Division Bench comprising Justices Pinaki Chandra Ghosh and Mrinal Kanti Chaudhury observed that the Act was unconstitutional and void since “sections of compensation in the Singur Act were in conflict with the Land Acquisition Act, 1894, and the legislation had been enacted without obtaining assent of the President.”

The judgment is seen as a major blow to Banerjee. Earlier, a single bench of the Calcutta High Court, headed by I P Mukherjee, upheld the Act on September 28, 2011.

Tata Motors had subsequently moved the division bench challenging the verdict.

“The Single Bench had no jurisdiction to fill up loopholes left by the legislature,” Justices Ghosh and Chaudhury said.

The Bench observed that “though the single judge had awarded compensation on the basis of the Land Acquisition Act of 1894, but the court had no power to insert, rewrite or reframe the Singur Act and the part dealing with compensation is not sustainable.”

The court, however, gave the state government two months time to appeal to the Supreme Court, but barred it from disbursing the reclaimed land in the interim period.

Trinamool Congress MP and government counsel Kalyan Bandopadhyay said: “The judges were also confused. So they had given a two month period for appeal which is rare. The state government would now definitely move the Supreme Court against the judgment.”

The Left Front government in West Bengal had leased out 997 acres to Tata Motors at Singur in Hooghly district for the Nano car factory.

While 645 acres were allotted to the company, the rest were given to the vendors.

Following mounting opposition by local farmers, led by the Trinamool Congress, Tata Motors shifted the factory to Sanand in Gujarat citing law and order issues, but kept possession of the land.

After coming to power, Banerjee scrapped the lease to Tata Motors, triggering a legal battle between the automobile giant and the government.

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News Network
May 21,2020

Bengaluru, May 21: The COVID-19-induced lockdown saw a spurt in crybercrimes in India with Kerala recording the highest number during the period, according to an analysis of IT security solutions provider K7 Computing.

The report analyses various cyberattacks within India during the pandemic and reveals that threat actors targeted the States with COVID-19-themed attacks aimed at exploiting user trust.

The sudden surge in the frequency of attacks witnessed from February 2020 to mid-April 2020 indicates that scamsters across the world were exploiting the widespread panic around coronavirus at both the individual and corporate level, the company said in a statement.

These attacks aimed to compromise computers and mobile devices to gain access to users confidential data, banking details and cryptocurrency accounts.

The key threats seen during this period ranged from phishing attacks to rogue apps disguised as COVID-19 information apps that targeted users sensitive data.

Phishing attacks were noticed more in Tier-II and Tier-III cities while the metros fared better.

Smaller cities saw over 250 attacks being blocked per 10,000 users.

Users from Ghaziabad and Lucknow seem to have faced almost six and four times the number of attacks, respectively, as Bengaluru users.

In Kerala, regions like Kottayam, Kannur, Kollam, and Kochi saw the highest hits with 462, 374, 236, and 147 attacks respectively, while the state as a whole saw around 2,000 attacks during the period, the highest thus far in the country.

This was followed by Punjab with 207 attacks and Tamil Nadu at 184 attacks, the statement said.

A majority of the recorded attacks were phishing attacks with sophisticated campaigns that could easily snare even the most educated users, it said.

These attacks were aimed at heightening users fears and creating a sense of urgency to take action.

The report noted phishing attacks where scamsters posed as representatives of the United States Department of the Treasury, the World Health Organisation, and the Centres for Disease Control and Prevention.

Users were encouraged to visit links that would automatically download malware on the host computer such as the Agent Tesla keylogger or Lokibot information-stealing malware, infamous banking Trojans such as Trickbot or Zeus Sphinx, and even disastrous ransomware.

Other attacks included infected COVID-19 Android apps like CoronaSafetyMask that scam users with promises of masks for an upfront payment; the spyware app Project Spy; and seemingly genuine apps that are infected with dangerous malware like banking Trojans such as Ginp, Anubis and Cerberus, it was stated.

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Agencies
April 23,2020

New Delhi, Apr 23: Delhi Police has booked Jamia students Meeran Haider and Safoora Zargar under the Unlawful Activities (Prevention) Act (UAPA) in a case related to communal violence in northeast Delhi over the Citizenship (Amendment) Act, said a lawyer.

Haider and Zargar, arrested for allegedly hatching a conspiracy to incite the communal riots in February, are in judicial custody. While Zargar is the media coordinator of Jamia Coordination Committee, Haider is a member of the committee.

The police has also booked Jawaharlal Nehru University student leader Umar Khalid under the UAPA in the case, said advocate Akram Khan who is representing Haider in the case.

Haider (35) is a PhD student and the president of RJD youth wing's Delhi unit, while Zargar is an MPhil student of Jamia Millia Islamia (JMI) university.

In the FIR, the police has claimed that the communal violence was a "premeditated conspiracy" which was allegedly hatched by Khalid and two others.

The students have also been booked for the offences of sedition, murder, attempt to murder, promoting enmity between different groups on grounds of religion and rioting.

Khalid had allegedly given provocative speeches at two different places and appealed to the citizens to come out on streets and block the roads during the visit of US President Donald Trump to spread propaganda at international level about how minorities in India are being , the FIR alleged.

In this conspiracy, firearms, petrol bombs, acid bottles and stones were collected at numerous homes, the FIR claimed.

Co-accused Danish was given the responsibility to gather people from two different places to take part in the riots, the police alleged.

Women and children were made to block the roads under the Jafrabad metro station on February 23 to create tension amidst the neighbourhood people, it said.

Over 20 film personalities, including Anurag Kashyap, Vishal Bhardwaj, Mahesh Bhatt and Ratna Pathak Shah, on Sunday had released a statement raising their voice against the arrest of the students and activists by Delhi Police for protesting against the Citizenship (Amendment) Act and demanded their release.

Following this, the police had said investigations into the JMI violence and northeast Delhi riot cases were done impartially, and arrests were made after analysis of forensic evidence.

In December last year, the police had allegedly entered the JMI campus after protests over the CAA, being held a few metres away from the varsity, turned violent.

Rajya Sabha MP and RJD leader Manoj Jha had tweeted, "Delhi Police called him for investigation and then received orders from above and arrested Meeran Haider, who has been helping people during the time of coronavirus outbreak."

The Jamia Coordination Committee (JCC), a group comprising students and alumni from the varsity, had condemned the arrest and demanded his immediate release.

"The country is facing a massive health crisis, however, the state machinery is busy harassing and framing student activists in false cases to suppress voices of dissent," they said.

The JCC said Haider was diligently working to provide ration to the needy during the lockdown. Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured.

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News Network
March 3,2020

Chennai, Mar 3: The Madras High Court has ruled that if a working woman gives birth to a child in the second delivery after twins in the first, she is not entitled to maternity benefits as it should be treated as third child.

"As per existing rules, a woman can avail such benefits only for her first two deliveries. Even otherwise it is debatable as to whether the delivery is not a second delivery but a third one, in as much as ordinarily when twins are born they are delivered one after another, and their age and their inter-se elderly status is also determined by virtue of the gap of time between their arrivals, which amounts to two deliveries and not one simultaneous act," the court said.

The first bench, comprising Chief Justice A P Sahi and Justice Subramonium Prasad stated this while allowing the appeal from Ministry of Home Affairs.

It set aside the order June 18 2019 order of a single Judge, who extended 180 days of maternity leave and other benefits to a woman member of the Central Industrial Security Force (CISF) under the rules governing the Tamil Nadu government servants.

The issue pertains to an appeal moved by the ministry, which contended that the leave claim is by a member of CISF to whom the maternity rules of Tamil Nadu would not apply.

She would be covered by the maternity benefits as provided under the Central Civil Services (Leave) Rules, the ministry said.

When the appeal came up for hearing, the bench said it found that a second delivery, which, in the present case, resulted in a third child, cannot be interpreted so as to add to the mathematical precision that is defined in the rules.

The admissibility of benefits would be limited if the claimant has not more than two children, the bench said "This fact therefore changes the entire nature of the relief which is sought for by the woman petitioner, which aspect has been completely overlooked by the single judge", the bench said.

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