Govt to appeal against HC order declaring CBI unconstitutional

November 8, 2013

CBI_unconstitutionalNew Delhi, Nov 8: A day after the Gauhati High Court order held as unconstitutional the setting up of CBI, Government today said it will appeal against the verdict.

"...The DoPT intends to file an appeal. So an appeal will be filed against the order (in the Supreme Court)," Law Minister Kapil Sibal told reporters here.

DoPT is the administrative ministry for CBI. Sibal said DoPT has discussed the issue with him and it was decided to file an appeal.

Earlier in the day, Minister of State for Personnel V Narayanasamy met Prime Minister Manmohan Singh apparently to discuss the fallout of the verdict.

"The judgement is patently wrong. It is bound to be set aside. We are certainly going to challenge it and the appeal is likely to be filed in the Supreme Court latest by Monday," Additional Solicitor General P P Malhotra had told PTI.He had appeared before the HC in the case.

In a curious judgement, the Gauhati High Court had yesterday struck down the resolution through which the Central Bureau of Investigation was set up and held all its actions as "unconstitutional".

The judgement by the division bench, comprising justices I A Ansari and Indira Shah, came on a writ petition filed by one Navendra Kumar challenging an order by a single judge of the High Court in 2007 on the resolution through which CBI was set up.

Malhotra contended that the government resolution on the formation of the CBI has been held valid by the Supreme Court time and again in a number of judgements.

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News Network
May 20,2020

May 20: Prime Minister K P Sharma Oli on Tuesday asserted that Lipulekh, Kalapani and Limpiyadhura belong to Nepal and vowed to "reclaim" them from India through political and diplomatic efforts, as his Cabinet endorsed a new political map showing the three areas as Nepalese territory.

Addressing Parliament, Oli said the territories belong to Nepal “but India has made it a disputed area by keeping its Army there”. “Nepalis were blocked from going there after India stationed its Army,” he said.

“India has deployed its troops in Kalapani since 1962 and our rulers in the past hesitated to raise the issue,” he said, asserting, “We will reclaim and get them back.”

The prime minister asserted that the Nepal government will make political and diplomatic efforts to reclaim the territory.

Oli also expressed the hope that India will “follow the path of truth, shown by Satya Meva Jayate, which is mentioned in the Ashoka Chakra, the national symbol of India”.

The prime minister’s remarks came a day after the Cabinet headed by him endorsed a new political map showing Lipulekh, Kalapani and Limpiyadhura under Nepal’s territory.

Foreign Minister Pradeep Kumar Gyawali said the official map of Nepal will soon be made public by the Ministry of Land Management. The move announced by Gyawali came weeks after he said that efforts were on to resolve the border issue with India through diplomatic initiatives.

Nepal''s ruling Nepal Communist Party lawmakers have also tabled a special resolution in Parliament demanding return of Kalapani, Limpiyadhura and Lipulekh to Nepal.

The Lipulekh pass is a far western point near Kalapani, a disputed border area between Nepal and India. Both India and Nepal claim Kalapani as an integral part of their territory - India as part of Uttarakhand’s Pithoragarh district and Nepal as part of Dharchula district.

Gyawali last week summoned the Indian Ambassador Vinay Mohan Kwatra and handed over a diplomatic note to him to protest against the construction of a key road connecting the Lipulekh pass with Dharchula in Uttarakhand.

India has said that the recently-inaugurated road section in Pithoragarh district in Uttarakhand lies completely within its territory. Indian Army chief Gen MM Naravane last week said that there were reasons to believe that Nepal objected to India''s newly-inaugurated road linking Lipulekh Pass with Dharchula in Uttarakhand at the behest of "someone else", in an apparent reference to a possible role by China on the matter.

He said there was no dispute whatsoever between India and Nepal in the area and road laid was very much within the Indian side.

The 80-KM-long strategically crucial road at a height of 17,000 KM along the border with China in Uttarakhand was thrown open by Defence Minister Rajnath Singh earlier this month.

Nepal has raised objection to the inauguration of the road, saying the "unilateral act" was against the understanding reached between the two countries on resolving the border issues. China on Tuesday said the Kalapani border issue is between India and Nepal as it hoped that the two neighbours could refrain from "unilateral actions" and properly resolve their disputes through friendly consultations.

After the endorsement of Nepal’s new map senior ruling party leader and member of Nepal Communist Party Standing Committee Ganesh Shah said the new move may escalate unnecessary tension between Nepal and India at a time when the country is fighting the coronavirus.

"The Nepal government should soon start a dialogue with India to resolve the matter through political and diplomatic moves," he said.

The new map includes 335-km land area including Limpiyadhura in the Nepalese territory.

The new map was drawn on the basis of the Sugauli Treaty of 1816 signed between Nepal and then the British India government and other relevant documents, which suggests Limpiyadhura, from where the Kali river originated, is Nepal''s border with India, The Kathmandu Post quoted an official at the Ministry of Land Reform and Management as saying.

India and Nepal are at a row after the Indian side issued a new political map incorporating Kalapani and Lipulekh on its side of the border in October last year.

The tension further escalated after India inaugurated the road link connecting Kailash Mansarovar, a holy pilgrimage site situated at Tibet, China, that passes through the territory belonging to Nepal.

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News Network
March 11,2020

Jaipur, Mar 11: A 85-year-old man in Jaipur, who had returned from Dubai on February 28, has tested positive for coronavirus, a state government official said on Wednesday.

He was found presumptive positive in the first test on Tuesday and hence, a second test was conducted with fresh samples, the reports of which arrived late Tuesday night, Additional Chief Secretary, Medical and Health, Rohit Kumar Singh, said.

“The man who travelled to Dubai has been tested positive for coronavirus. It has been confirmed now,” Singh said.

“We have also got the manifest of the Spicejet flight he took from Dubai to Jaipur and are doing due diligence on that,” the official said, adding that intense contact tracing was underway.

The man has been kept in isolation at the SMS Hospital here.

“The man came to the hospital on Monday with symptoms of the virus. After the first test, his wife and son too have been kept in isolation at the hospital. The two, however, do not have coronavirus affliction symptoms,” Singh said.

A total of 235 people who came in contact with the octogenarian and his family have already been traced and are being monitored, he said.

Other contacts are also being traced, Singh added.

An Italian couple, who tested positive for COVID-19 last week, are also admitted in the hospital but their condition is improving, he said.

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News Network
January 13,2020

New Delhi, Jan 13: The Supreme Court on Monday commenced hearing on issues related to discrimination against women in various religions and at religious places including Kerala's Sabarimala Temple.

A nine-judge bench headed by Chief Justice S A Bobde said that it was not considering review pleas in the Sabarimala case.

“We are not hearing review pleas of Sabarimala case. We are considering issues referred to by a 5-judge bench earlier,” the bench said.

The apex court had on November 14 asked a larger bench to re-examine various religious issues, including the entry of women into the Sabarimala Temple and mosques and the practice of female genital mutilation in the Dawoodi Bohra community.

While the five-judge bench unanimously agreed to refer religious issues to a larger bench, it gave a 3:2 split decision on petitions seeking a review of the apex court's September 2018 decision allowing women of all ages to enter the Sabarimala shrine in Kerala.

A majority verdict by then Chief Justice Ranjan Gogoi and Justices A M Khanwilkar and Indu Malhotra decided to keep pending pleas seeking a review of its decision regarding entry of women into the shrine, and said restrictions on women in religious places was not restricted to Sabarimala alone and was prevalent in other religions as well.

The minority verdict by Justices R F Nariman and D Y Chandrachud gave a dissenting view by dismissing all review pleas and directing compliance of its September 28 decision.

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