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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Agencies
June 14,2020

Kashmir, Jun 14: An Army personnel was killed and two others were injured as Pakistani troops opened fire and shelled areas along the Line of Control in Poonch district of Jammu and Kashmir, officials said on Sunday.

This is the third fatality in the Pakistani firing and shelling on forward posts and villages in the twin districts of Poonch and Rajouri this month.

The officials said the latest firing and shelling from across the border took place in Shahpur-Kerni sector on Saturday night, drawing strong retaliation by the Indian Army.

Three Indian Army personnel were injured in the Pakistani firing and were immediately evacuated to hospital, where one of them succumbed to injuries, the officials said.

They said the casualties suffered by the Pakistani Army in the retaliatory action were not known immediately.

On June 4, havaldar P Mathiazhagan fell to Pakistani firing in Sunderbani sector of Rajouri district, while on June 10, Naik Gurcharan Singh lost his life in a similar incident in Rajouri sector.

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Agencies
February 26,2020

Hyderabad, Feb 26: Hyderabad Police on Tuesday registered a case against well-known poet Imran Pratapgarhi for his statement asking why there was "no Shaheen Bagh in Hyderabad".

According to Charminar Police, the complaint was registered by Sub-Inspector S Guruswamy, who was on duty at the QQ Stadium on February 24 where an Ehtaji Mishaira (Poetry Program) against the Citizenship Amendment Act, National Register Commission and National Population Register was held.

Permission for the said event was granted by Hyderabad Additional Commissioner of Police to the program organisers with certain guidelines including that poetry program should be held on February 24 from 6 pm to 9 pm, and no speaker should give provocative speeches in the program.

However, police said that the program was started by the organisers at 6 pm and continued till 9:48 pm even after police officers asked them to end the event by 9 pm. The program was attended by around 3,000 members at QQ stadium.

According to police, while addressing the meeting Pratapgarhi said: "Mujhe hairath hai us Hyderabad mein koi Shaheen Bagh kyu nahi hai (I am surprised why there is no Shaheen Bagh in Hyderabad)", which is "provocative" and may cause fear to any section of the public.

In this regard, a case has been registered against organisers for disobeying public servants' orders and the poet has been booked for delivering provocative statements under the relevant sections of the Indian Penal Code.

Further investigation is underway.

Meanwhile, Congress leader Mohammed Ali Shabbir took to Twitter to condemn the police action.

"Hyderabad Police booked a case against poet Imran Pratapgarhi for expressing surprise on why there is no Shaheen Bagh in Hyderabad. For police, this sentence is provocative. Is Shaheen Bagh not a part of India?," Shabbir tweeted.

"Shame on TRS Government and Hyderabad Police for targeting a poet for no-fault," he added.

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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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