Plea to review verdict on convicts in polls dismissed

November 20, 2013

New Delhi, Nov 20: The Supreme Court today dismissed Centre's plea seeking review of its judgement debarring arrested persons from contesting polls, saying it is not necessary to look into the issue in view of amendment in law by Parliament.sc_copy

The apex court, however, said that the issue of constitutional validity of the amendment will be considered separately after an NGO Lok Prahri opposed Centre's petition and said it has challenged the amendment in Representation of People Act in this regard.

"You challenge it. It will be separately considered," a bench of justices A K Patnaik and S J Mukhopadhyay said.

"As a consequence of amendment a person does not cease to be elector only by reason of his being in police custody or in imprisonment. Therefore, he can contest election to state legislature as well as Parliament," the bench said in its order.

It initially said the review plea of Centre has become infructuous in view of the amendment but it passed the order saying the plea is dismissed after the NGO pressed for the word dismissal.

The apex court in its judgement on July 10 had held that a person, who is in jail or in police custody, cannot contest election to legislative bodies, bringing to an end an era of under trial politicians fighting polls from behind bars. It said that only a voter can contest election and a person in police custody has no right to vote.

Negating the apex court order, Parliament in September passed a bill that maintains the right of those in jail to contest polls, with the government saying the court verdict was wrong and the Legislature has Constitutional duty to correct it.

The Representation of the People (Amendment and Validation) Bill, 2013 was rushed through in the Lok Sabha and passed within about 15 minutes after a brief discussion. The Bill was passed by Rajya Sabha on August 27.

The Amendment Bill seeks to add a proviso to sub-section (2) of section 62 of the RP Act to state that a person cannot cease to be a voter while in detention as his or her right is only temporarily suspended.

The amendment came into effect from July 10, 2013, the day the Supreme Court gave the judgement.

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News Network
April 21,2020

New Delhi, Apr 21: Tablighi Jamaat leader Maulana Saad Kandhalvi, who has been booked by the Delhi Police for holding a religious congregation here during the lockdown, on Monday urged the followers of the organisation to pray at home in the month of Ramzan.

"I request all, both in India and abroad, to strictly follow the guidelines and instructions of the local or national governments and till the time restrictions are in place and please observe prayers at home. And even in this, we should not invite people from outside," he said in a statement.

Ramzan begins later this week.

While addressing an online briefing on Sunday, Chief Minister Arvind Kejriwal cited the Tablighi Jamaat congregation last month, a major hotspot, and the large inflow of travellers from other countries to Delhi as the reasons for the spread of the virus, and said the city was "fighting a difficult battle".

The Delhi Police crime branch, had on March 31, lodged an FIR against seven people, including the cleric, on a complaint by the Station House Officer of Nizamuddin police station for holding the congregation in alleged violation of the orders against large gatherings to contain the spread of coronavirus.

Later, the Indian Penal Code Section 304 (culpable homicide not amounting to murder) was added to the FIR.

The cleric is wanted by the Delhi Police and he responded twice to them. He is currently under home quarantine.

In an audio message released earlier this month, Kandhalvi had said he was exercising self-quarantine after several hundreds who visited the congregation at Nizamudddin Markaz tested positive for coronavirus.

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News Network
March 25,2020

India will suspend all domestic flights from midnight Tuesday, the final piece of a nationwide lockdown that threatens Prime Minister Narendra Modi’s attempts to revive an economy already expanding at the slowest pace in more than a decade.

The flight ban compliments a cancellation of all passenger trains through March 31, as authorities try to halt the spread of the coronavirus in the world’s second-most populous country, which has poorly equipped hospitals and inadequate social security. Modi on Monday held a conference call with some of India’s top entrepreneurs and bankers, who urged policymakers to immediately slash interest rates by as much as a full percentage point, transfer cash to the poorest citizens, and suspend loan-repayments.

Over the past three days, state after state has declared curfews and India’s international borders have been shut for most visitors since March 11. India so far has 492 virus cases, including nine deaths. But experts say the country could be on the same trajectory as Italy, where the outbreak quickly escalated, causing hospitals to overflow.
A traveller stands outside a near-empty Delhi Junction Railway Station in Delhi, March 22.

"This is the biggest lockdown in world history,” said Raghu Raman, a former soldier with the Indian Army and founder of the National Intelligence Grid, an umbrella database aimed at countering terrorism. “This strategic pause gives decision-makers more time to arrest the exponential spread of the virus and evaluate trade-offs.”

Controlling the outbreak is crucial for Modi, who remains India’s most popular political leader currently though his economic management has faced criticism. Foreign investors are selling Indian assets at an unprecedented pace and failure to contain deaths and infections could erode some of the prime minister’s personal appeal at home.

Oxford Economics slashed India’s January-March growth forecast to 3%, a number not seen even during the worst of the global financial crisis. The main equity gauge rose about 3% on Tuesday after a record 13.2% plunge Monday, and the rupee stayed near its all-time low.

“A part of the cerebral cortex that senses fear and survival seems to have activated in the minds of investors,” said Umesh Mehta, Mumbai-based head of research at Samco Securities Ltd. “The only relief in this market can come from either policy makers and regulators, or from some positive news that a cure for the pandemic is near.”

Bloomberg Economics estimates Modi’s administration needs at least 1% of gross domestic product -- $30 billion -- to meaningfully respond to the virus outbreak. Meanwhile, the nation’s billionaires are diverting their factories to manufacture medical equipment and pledging to keep paying their staff even as production grinds to a halt. India allowed companies to use their philanthropy funds to prevent the spread of the coronavirus.

Reliance Industries Ltd., controlled by India’s richest man Mukesh Ambani, has helped equip a hospital in Mumbai dedicated to patients of Covid-19, the disease caused by the coronavirus. It will also build quarantine centers and produce 100,000 facemasks a day and other personal protective equipment for health workers. The group’s telecom unit will offer free broadband to enable work-from-home during the lockdown and will pay its lowest paid workers twice a month to protect household incomes.

Ambani joins Mahindra & Mahindra Ltd. Chairman Anand Mahindra and Vedanta Resources Ltd. Chairman Anil Agarwal -- a combined worth of more than $40 billion between the trio -- who have so far made pledges.

Indian companies are responding to Modi’s shutdown call. Maruti Suzuki India Ltd., Tata Motors Ltd., Toyota Kirloskar Motor, Hero MotoCorp., Samsung Electronics Co. and LG Electronics Inc., Mahindra Group, TVS Motor Co., Kia Motors Corp., Renault Nissan Automotive India Private Ltd., and Yamaha Motor India are among companies that have announced factory suspensions.

Policymakers are aware of the risks of such a move. India -- with a record 5.9 trillion rupees of local corporate debt maturing this year -- faces “waves of default” if cash flows aren’t maintained, the government’s principal economic adviser Sanjeev Sanyal said an interview.

Finance Minister Nirmala Sitharaman last week said the government will announce a relief package for coronavirus-affected sectors as soon as possible. The Reserve Bank of India, which is due to review interest rates April 3, announced a 1 trillion rupee cash injection on Monday.

“Let me assure, whatever it takes to keep the cash flow going in the economy will be done,” Sanyal said. “We need to make sure that when we are past the health storm, we still have an economy that has not gotten gridlocked. Because unwinding that would be more difficult.”

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News Network
July 19,2020

Lucknow, Jul 19: The animal markets, which are usually bustling with activity ahead of Bakrid, are desolate this year.

The Covid-19 pandemic has shorn all festivals of public celebrations, and people are apprehensive that the tradition of animal sacrifice may be affected due to social distancing norms.

Also there is a massive drop in demand for sacrificial animals due to the financial impact of the crisis.

Chairman of All India Jamiat-ul-Quresh Sirajuddin Qureshi urged the government to come out with guidelines for carrying out the celebrations in the traditional way.

The festival will fall on July 31 or August 1. Buyers and sellers start thronging the animal markets almost two weeks ahead of the festival. But this year only a negligible number of buyers have turned up in animal markets in old Lucknow areas including Nakkhas, according to traders.

"It is very difficult to say as to what the government is thinking. 'Qurbani' is a matter of faith for the Muslims. We appeal to the government to deliberate and find a solution. This is a national problem, and our office bearers are speaking to different state governments," Qureshi said.

In the absence of guidelines, not many madrassas are buying animals for sacrifice, he said.

"The madrasas where collective 'qurbani' is done, are also not coming forward. In Bakrid, along with goats, buffaloes are also sacrificed. The government should ensure that people who are transporting the animals are not harassed by the police," Qureshi said.

Prominent Muslim cleric Khalid Rasheed Farang Mahali said he had raised the issue with the Uttar Pradesh chief minister.

"I have recently met Chief Minister Yogi Adityanath requesting him to issue guidelines for Bakrid. I am hopeful that the guidelines will be released soon," he said.

Rahat Ali, a goat trader from Rajasthan said, thousands of people will be affected due to the reduced demand for animals.

"The animal trade works in a chain involving farmers who rear animals, small traders and big traders.

"The traders buy the animals from the farmers. These are then sent to various states like Maharashtra, Gujarat and Uttar Pradesh. In the absence of demand, I did not purchase animals this year," he said.

Sajid, who supplies goats to various districts in western Uttar Pradesh, said the lockdown has affected the livelihood of people and not many have the money to buy animals for sacrifice.

"The lockdown has drained the people of their money. As a result, the animals are not getting sold," he said.

The Maharashtra government has come out with guidelines for Eid al-Adha, also known as Bakrid or Id-ul-Zuha, noting that there is a ban in place on all religious programmes and people should offer "namaz" in their homes and not in mosques.

It also said sacrificial animals should be bought online or over the phone as markets dealing with them will be closed, adding that "qurbani" should preferably be symbolic.

There will be no relaxation in restrictions for Eid in containment zones, and people are directed not to congregate in public places on the day of the festival, it added. 

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