No immediate plan to withdraw troops from J&K: Min

Agencies
August 22, 2019

Hyderabad, Aug 22: The Centre has no immediate plans to withdraw security forces from Jammu and Kashmir, where Article 370 has been revoked, in view of the continued tension in the region, Minister of State for Home G Kishan has said.

"Why will we withdraw troops immediately from there when Pakistan is trying to provoke? Pakistan is trying to provoke Kashmirs and disturb the peace so that it can go to international community (to complain). The decision on whether to withdraw or not will be taken by the local administration," Reddy told PTI when asked whether the centre had any plans to with additional forces. He said the situation in J&K was peaceful now and Home Minister Amit Shah was regularly monitoring the situation.

Reddy pointed out that schools had opened, Section 144 had been withedrawn, government offices had started working and some of the controls imposed had been relaxed. Internet and telephone services had also been restored, barring in a few districts (four or five), he said.

Asked why opposition leaders were not being allowed to hold meetings in the state, he said government has taken precautions in view of Pakistan's intentions and the opposition leaders should have patience. "Pakistan would like to see peace disturbed in J&K to tell the world that the government of India's decisions vis-a-vis the state are wrong," he said.

"There is a lot of time. You can go to Jammu and Kashmir... Hold peace for some days. Let's see Pakistan's problem now. After that, Rahul Gandhi can hold any number of meetings. Who is saying no? Have patience," he said.

Asked for his comments on the situation in Jammu and Kashmir and the reports of violence, he said "small incidents" are not happening for the first time. Now there was no "tense situation in Jammu and Kashmir", where there used to be months-long curfew with leaders jailed for years in the past as well, he said.

"This is not new. We took some decisions like imposing restrictions as a precautionary measure, keeping in view Pakistan's attempts to provoke and conspire to somehow disturb law and order in Jammu and Kashmir. Certainly not to inconvenience people," he told reporters on the sidelines of an event here on Wednesday.

He said there had been instances in the past of imposition of curfew, enforcement of prohibitory orders, closure of schools for months and arrest of Chief Ministers. Compared to the past, no such decisions have been taken now, he said.

"Pakistan is hatching many conspiracies to prove before the world what the government of India has done is wrong. Because today the whole world is in favour of India... because the world is standing by the decisions taken by the government of India in the matter of abrogation of Article 370," he said.

The government, Reddy said, was taking all precautionary measures as either the ISI or Pakistan government was trying to somehow disturb law and order "to prove that what the government of India has done is wrong". Reddy said abrogation of Article 370 would have benefits like implementation of the Constitution and reservations for Scheduled Castes, Scheduled Tribes and Backward Classes coming into force in the state.

"Why are you in a hurry? On the one hand, Pakistan is making efforts to tell the world that there is no peace. Now the opposition also wants to go with Pakistan. This is wrong," he said. Asked when political leaders would be released in Jammu and Kashmir and the appropriate time, he said the officers concerned would take a call on the matter.

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News Network
January 17,2020

New Delhi, Jan 17: A Delhi court Friday issued fresh death warrants for February 1, 6 am against the four convicts in the Nirbhaya gang rape and murder case.

Additional Sessions Judge Satish Kumar Arora was hearing a plea by one of the four death row convicts in the case, Mukesh Kumar Singh, seeking postponement of the date of his execution scheduled for January 22.

Earlier in the day, the Tihar jail authorities sought issuance of fresh death warrants against the four convicts.

Public Prosecutor Irfan Ahmed told the court that Mukesh's mercy plea was rejected by President Ram Nath Kovind on Friday.

The 23-year-old paramedic student, referred to as Nirbhaya, was gang-raped and brutally assaulted on the intervening night of December 16-17, 2012 inside a moving bus in south Delhi by six persons before being thrown out on the road.

She died on December 29, 2012, at Mount Elizabeth Hospital in Singapore.

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Agencies
March 1,2020

Kolkata, Mar 1: The Calcutta High Court has ruled that it is not mandatory for foreigners to produce a valid passport and its particulars for processing of application for grant of Indian citizenship if he is able to satisfy the appropriate authorities the reasons for non-availability of the document.

Justice Sabysachi Bhattacharya passed the order while disposing off a petition by granting the petitioner liberty to file an application before the authority "as contemplated in Rule 11 of the Citizenship Rules 2009, upon furnishing explanation as to the non-availability of the passport".

Bismillah Khan had filed the petition saying he was being denied the citizenship of India because of his inability to file an application under Section 5 (1) (c) of the Citizenship Act, 1955, apparently due to the mandatory requirement of furnishing a copy of the passport for such application.

The petitioner's counsel submitted that Khan was a Pakhtoon citizen and due to political turmoil in the said state, which subsequently merged partially into Afghanistan and partially into Pakistan, he, as a five-year old, had to migrate to India with his father in 1973.

Under such circumstances, the petitioner could not have any opportunity of having a valid passport, since they were refugees under distress, the counsel said.

The petitioner had previously approached a coordinate Bench of the court, wherein a single judge, passed an order on July 25, 2018, directing him to comply with the formalities required, as communicated by the secretary to the Government of India to the Secretary to the Government of West Bengal (Home), vide a letter dated December 7, 2017.

The court had then also given liberty to the petitioner to apply afresh before the appropriate authority under Section 5(1)(c) of the 1955 Act, having complied with all the formalities.

The petitioner then moved Bhattacharya's court submitting that a complete application as directed by the Coordinate Bench cannot be possibly filed by his client due to the mandatory requirement of uploading a copy of his passport, which the petitioner does not have due to reasons beyond his control.

The counsel said Khan is married to an Indian citizen, has a daughter and living in India for close to half a century.

The counsel for the union of India submitted that in view of no application having been filed by the petitioner, there is no scope of granting such proposed application at the present juncture for the Union.

The counsel argued that it is mandatory to file an application in Form III for the application of the petitioner under Section 5(1)(c) of the Act to be considered at all.

In view of the petitioner not complying with the mandatory requirement of submitting a copy of his passport, the state government cannot, under the law, forward such application to the union government.

After hearing all sides, Justice Bhattacharya said although the rule "contemplates that an application shall not be entertained unless the application is made in Form III, such provision ipso facto does not make the availability of a passport a mandatory requirement".

"..the Form given with the Rules or the Rules themselves cannot override the provision of the statute itself, under which the said Rules are framed, which does not stipulate such a mandate on the applicants for citizenship under Section 5 (1)(c) of the 1955 Act mandatorily to carry a passport".

The court said although such provision is included in the Form, which has to be complied with by the applicant, "it is nowhere indicated in such Form that all the relevant particulars, including the particulars regarding passport of the petitioner have to be furnished mandatorily, along with a copy of a valid foreign passport, even in the event the petitioner, for valid reasons, is not in a position to produce such passport".

Justice Bhattacharya ruled that under such circumstances, it cannot be held that the provision of producing a passport and its particulars is mandatory in nature and there has to be a relaxation in such requirement "in case the petitioner is able to satisfy the appropriate authorities the reasons for non- availability of such passport".

"Unless such a leeway is given to the applicants, genuine persons who otherwise have all the formal documents indicating that they have been residing in India for a long time and have married a resident of India would also be unable to apply for Indian Citizenship despite having lived their entire lives and contributed to the economy and diverse culture of this country."

He said such a scenario would be contradictory to the spirit of Article 14 of the Constitution of India.

"In such view of the matter, the requirement of having a passport has to be read as optional in Form III of the Citizenship Rules, 2009 and the authorities are deemed to have the power to relax such 6 requirement in the event the applicant satisfied the authorities for genuine reasons why the applicant is not in a position to produce such passport," the February 24 order said.

The court ruled that despite the provision of making applications online, a provision has to be made for persons who do not have all the particulars of their passport, which is read as optional, to file applications manually, which are to be treated as valid applications under Rule 5 of the Citizenship Rules, 2009.

The court also ordered that alternatively the necessary software be amended so that the online applications can be presented with or without passports, in the latter case furnishing detailed reasons as to non-furnishing of passports.

"Sanctioning of such forms, however, will be conditional upon the satisfaction of the relevant authorities about the reasons for the applicant not being able to produce her/his passport," the order said.

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Agencies
January 11,2020

New Delhi, Jan 11: Senior Congress leader P Chidambaram on Friday said that he has never seen innocents like the Indian people, who believe the claims made by the government on the implementation of its programmes. The former Union Minister, addressing a literary event, said, "I have never seen innocents like the Indian people. If something appears on print (and named two newspapers also), we believe it. We believe anything."

Claims like all villages having been electrified in the country and toilets built for 99 per cent of families in India were being believed, he said.

Similar was the case of the Ayushman Bharat scheme, (Pradhan Mantri Jan Arogya Yojana or PM-JAY is a flagship health care scheme of the Centre), he alleged.

Stating that his Delhi-based driver's father had to get a surgery done under the scheme, he said, however, it could not be performed.

"I asked him (car driver) if he had the Ayushman card and he showed a card and I told him to take it (to hospital). In hospital after hospital, they said they were not aware of anything like that (Ayushman scheme). But we believe that the Ayushman scheme has come to the whole of India," he said.

Further, he said "we believe that for any disease, treatment will be done (indicating the Ayushman scheme) without shelling out money. We are being innocents."

Many news items and data were contrary to the truth, he added.

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