Rawat appears to have clinched numbers in floor test

May 10, 2016

Dehradun, May 10: Sacked Chief Minister Harish Rawat today appeared to have clinched the numbers in the floor test in the Uttarakhand Assembly with 33 of the 61 MLAs said to have voted for him.uttrkhand

With nine disqualified Congress MLAs kept away, Congress MLA Rita Arya claimed that 33 MLAs voted for Rawat while BJP MLAs conceded that their side got only 28 in a House with an effective strength of 61.

"The cloud of uncertainty hovering over Uttarakhand will disappear tomorrow," an elated Rawat said after the voting in assembly.

Under the Supreme Court-monitored proceedings, the result of the vote will be given to the court tomorrow morning in a sealed envelope.

Both sides claimed that one MLA from each side had cross voted.
Independent MLA Harish Chandra Durgapal claimed that all six PDF (two BSP, 1 UKD and three Independents) members have voted for Rawat. BJP's Bhimlal Arya's vote also went to Congress. Likewise, Rekha Arya of Congress voted for the rival side, he said.

Ganesh Joshi of BJP claimed that it was a victory for BJP constitutionally because nine MLAs of Congress had voted for the BJP in the past and now one more MLA has voted for BJP. Everyone saw how Congress tried to buy votes with money and "that is why we were left behind in numbers in the Assembly," he said.

Principal Secretary (Legislative Assembly and Parliamentary Affairs) of Uttarakhand government oversaw the conduct of the floor test for which President's Rule was kept in abeyance for two-and-a-half hours from 10:30 AM.

Ahead of the floor test, Rawat sporting a 'tilak' on his forehead had exuded confidence that he would comfortably win the trust vote.

"The people are with us. The Gods Kedarnath, Gangotri, Yamunotri, Badrinath -- all are with us. We are all together, the people who are supporting us, we have their blessings.PDF, BSP, UKD.BJP can claim anything they want, winner will be Uttarakhand," he said outside the Assembly.

Leader of the Opposition in the state Assembly Ajay Bhatt had said he was confident that the MLAs will listen to the voice of their conscience.

"On March 18 when the trouble erupted in the House, some members joined hands with us hearing the voice of their conscience. Today also some MLAs will pay heed to the voice of their conscience and join us," he said.

Congress leader Ambika Soni had said, "We have the numbers and will win the floor test without any difficulty."

She also alleged that huge amounts had been offered by the opposite side to lure legislators "on our side".

The trust vote comes a day after the High Court yesterday dismissed the petition of nine Congress MLAs challenging their disqualification and the Supreme Court refusing to give any relief to them.

BJP MLAs, who were the first to come out of the assembly premises which was out of bounds for the media, said they could bag 28 votes.

The legislative exercise was conducted for nearly an hour with heavy deployment of security personnel around the Assembly and people other than members of the House and its employees not allowed into its precincts.

The entire media was kept waiting outside the gates of the Assembly.
Nainital MLA Sarita Arya said, "The floor test was conducted strictly as directed by the Supreme Court. I have shared only our victory in the floor test with the media from whom nothing can be hidden."

Soon after the BJP members left one after another including Ajay Bhatt, Yatishwaranand, Bishan Singh Chufal, Tirath Singh Rawat, Pushkar Dhami and Dilip Singh Rawat,
President's Rule was lifted for two hours to allow the exercise to take place in the state assembly which was under suspended animation ever since the state was brought under central rule on March 27.

The trust vote comes a day after the High Court yesterday dismissed the petition of nine Congress MLAs challenging their disqualification and the Supreme Court refusing to give any relief to them.

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Agencies
June 12,2020

New Delhi, Jun 12: The Supreme Court on Friday slammed the Delhi government on news reports showing deplorable condition of medical wards in Delhi, where dead bodies were not only in wards, but were also found in lobby and waiting areas.

The apex court termed the situation in Delhi "horrendous, horrific and pathetic". It slammed the Arvind Kejriwal-led Delhi government for its handling of dead bodies, terming it "very sorry state of affairs".

A bench of Justices Ashok Bhushan, SK Kaul and MR Shah took suo moto cognizance of the ill-treatment being meted out to Covid patients in hospitals and also the undignified way in which dead bodies of Covid patients were being handled.

Solicitor general Tushar Mehta, representing the Centre, said there was a case in Delhi where dead bodies were found alongside patients, who were undergoing treatment.

Justice Shah questioned Mehta, "So what have you done?"

The bench termed the situation in Delhi "horrendous, horrific and pathetic", and reproached the government for patients being placed alongside stacks of dead bodies in the hospitals. The bench noted that patients' families aren't even informed about deaths and in some cases, families haven't been able to attend the last rites, too.

The bench noted that there is a problem with the way the pandemic was being fought in the national capital.

"The number of tests conducted are low in Delhi compared to Chennai and Mumbaia...Why are tests so less in Delhi?" the bench said.

"Nobody should be denied testing onn technical reasons...simplify procedure so more and more can test for Covid," said the bench.

The top court pointed out that it is the duty of the state to conduct testing so that more people know about their health status.

The top court also noted that the situation is grim even in Maharashtra, Tamil Nadu and West Bengal.

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News Network
January 14,2020

New Delhi, Jan 14: The curative petitions of Vinay Sharma and Mukesh, who were sentenced to death in the Nirbhaya gang rape and murder case, was on Tuesday rejected by a five-judge Supreme Court Bench led by Justice N.V. Ramana.

In a three-page order, the Bench concluded, after an in chamber consideration that began about 1.45 p.m., that there was no merit in their pleas to spare them from the gallows.

“We have gone through the curative petitions and relevant documents. In our opinion, no case is made out within the parameters indicated in the decision of this Court in Rupa Ashok Hurra versus Ashok Hurra. Hence, the curative petitions are dismissed,” the court held.

Curative is a rare remedy devised by a Constitution Bench of the Supreme Court in its judgment in the Rupa Ashok Hurra case in 2002. A party can take only two limited grounds in a curative petition - one, he was not heard by the court before the adverse judgment was passed, and two, the judge was biased. A curative plea, which follows the dismissal of review petition, is the last legal avenue open for convicts in the Supreme Court. Sharma was the first among the four convicts to file a curative.

The Bench also rejected their pleas to stay the execution of their death sentence and for oral hearing in open court.

Besides Justice Ramana, the Bench comprised Arun Mishra, Rohinton Nariman, R. Banumathi and Ashok Bhushan.

Curative petitions were filed in the Supreme Court by both convicts on January 9. The petitions had come just days after a Delhi sessions court schedulled the execution of all the four convicts in Tihar jail on January 22.

Sharma and Mukesh, in separate curative petitions, argued that there was a “sea change” in the death penalty jurisprudence since their convictions. Carrying out the death sentence on such changed circumstances would be a “gross miscarriage of justice”.

In his plea, Sharma said the Court had commuted the death penalty in several rape and murder cases since 2017, when it first confirmed the death penalty to the Nirbhaya convicts.

“fter the pronouncement of judgment in 2017, there have been as many as 17 cases involving rape and murder in which various three-judge Benches of the Supreme Court have commuted the sentence of death,” the petition contended.

The Supreme Court recently dismissed a review petition filed by Akshay Singh, another of the four four condemned men, to review its May 5, 2017 judgment confirming the death penalty. It also refused his plea to grant him three weeks' time to file a mercy petition before the President of India.

A Bench led by Justice R. Banumathi had said it was open for the Nirbhaya case convicts to avail whatever time the law prescribes for the purpose of filing a mercy plea.

Akshay (33), Mukesh (30), Pawan Gupta (23) and Sharma (24) had brutally gang-raped a 23-year-old paramedical student in a moving bus on the intervening night of December 16-17, 2012. She died of her injuries a few days later.

The case shocked the nation and led to the tightening of anti-rape laws. Rape, especially gang rape, is now a capital crime.

One of the accused in the case, Ram Singh, allegedly committed suicide in the Tihar jail. A juvenile, who was among the accused, was convicted by a juvenile justice board. He was released from a reformation home after serving a three-year term.

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News Network
June 15,2020

New Delhi, Jun 15: Two officials working with the Indian High Commission in Islamabad have reportedly gone missing, sources said.

The two officials are untraceable for the last few hours.

Recently news agency reported on how Pakistan 's spy agency ISI has been tailing and harassing Indian officials and also increased their presence at the residence of Acting High Commissioner Gaurav Ahluwalia.

This incident came in the backdrop when two Pakistani officials were caught red-handed and sent back trying to collect classified information and spying in Delhi.

South block is watching the developments closely, the Indian mission has also launched a complaint with local authorities and taken up the matter Pakistan Foreign Ministry.

This incident can cause a further dip in the already tense India-Pakistan relations.

Earlier in the month, India deported two Pakistani officials for espionage activities in India.

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