SC commences hearing on pleas challenging Centre’s move to scrap Article 370

Agencies
August 16, 2019

New Delhi, Aug 16: The Supreme Court on Friday commenced hearing petitions posing legal challenges to the Centre’s decision to scrap provisions of Article 370 which abrogated special status to Jammu and Kashmir and subsequent measures putting restrictions on the working of media in the region.

A special bench, comprising Chief Justice Ranjan Gogoi and Justices S A Bobde and S A Nazeer, is hearing the petitions filed by advocate M L Sharma and Executive Editor, Kashmir Times, Anuradha Bhasin. While the advocate has challenged the scrapping of provisions of Article 370 which has resulted in the creation of two Union Territories -- Jammu and Kashmir and Ladakh, the journalist has sought directions for restoring of all modes of communication, including mobile Internet and landline services, throughout the state to provide an enabling environment for the media to practise its profession.

Sharma had filed the petition on August 6, a day after the Centre had abrogated the Jammu and Kashmir’s special status.

The advocate in his plea has claimed that the Presidential order on Article 370 was illegal since it was passed without the consent of the Jammu and Kashmir Assembly.

In a separate petition filed on August 10, Bhasin said she is seeking a direction for the Centre and the Jammu and Kashmir administration to immediately relax all restrictions on freedom of movement of journalists and media personnel in Kashmir and some districts of Jammu.

The direction was sought to enable media personnel to practise their profession and exercise their right to report in furtherance of their rights under Articles 14, 19 (1) (a) and 19 (1) (g) and 21 of the Constitution as well as the right to know of the residents of the Kashmir Valley, the petition said.

In the petition, the editor said that since August 4, all connectivity was shutdown leaving Kashmir and some districts in Jammu completely isolated and cut-off from all possible modes of communication and information.

Earlier on Tuesday, the apex court had refused to interfere with the restrictions, including the communication clampdown in Jammu and Kashmir, saying that reasonable time should be given for bringing normalcy in the sensitive situation and posted the matter for hearing after two weeks.

The National Conference, the main political party of Jammu and Kashmir, has also filed a petition posing legal challenges in the apex court to the changes made in the constitutional status of J&K, contending that these have taken away rights of its citizens without their mandate.

Arguing that the legislation approved by Parliament and the orders issued by the President subsequently were “unconstitutional”, the petition prayed for these to be declared as “void and inoperative”.

The petition has been filed by Mohammad AKbar Lone and Justice (rtd) Hasnain Masoodi, both Lok Sabha members belonging to the NC.

Lone is a former speaker of the Jammu and Kashmir Assembly and Masoodi a retired judge of the Jammu and Kashmir High Court, who ruled in 2015 that Article 370 was a permanent feature of the Constitution.

Some other individuals have also filed a petition in the Supreme Court but they are not listed for hearing on Friday.

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News Network
March 5,2020

Mar 5: The Kerala government has given its nod to a proposal aimed at encouraging students aged between 18 and 25 years to take up part-time jobs while pursuing education so as to help them gain work experience and hone their skills.

The government has decided to accept the proposal as a policy decision at the Cabinet meeting held on Wednesday, an official press release said.

The aim is to ensure that in a fiscal, 90 days of work is assured for students in government departments, local body organisations, PSUs and private companies.

This will help in developing a work culture among students.

Honorariums will be given to students by the organisations employing them part-time, the release said.

Students aged between 18 and 25 years will be permitted to become part of the scheme which will help them to gain work experience and hone their skills, the release added.

In another decision, the government decided to release Rs 26 crore from the Chief Minister's disaster relief fund for providing compensation to farmers who suffered crop loss during the 2018 floods.

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Agencies
July 8,2020

The Jamaat-e-Islami Hind (JIH) has urged Muslims to take precautions during Eid ul-Adha (Bakrid), to be celebrated in the last week of July, and has issued guidelines on offering prayers and sacrifices.

"The namaz should be offered by adhering to the social distancing norms at eidgahs and mosques. Muslims should offer the Eid prayer at home in the same manner as they had done during Eid ul-Fitr in areas where restrictions have been imposed due to COVID-19," it said.

For the sacrifice of animals, a part of the festival, the JIH said "precautionary" measures should be taken due to the pandemic.

"Don't offer qurbani on roads, footpaths and pathways. Ensure the highest level of cleanliness and hygiene. Ensure that you bury the blood and entrails of the animal after qurbani or deliver it at the designated spot of garbage collection," the JIH said in a statement.

The JIH said it would be appropriate to form a committee few days before the Eid ul-Adha, which would keep an eye on the situation, remain in touch with the local administration and offer cooperation towards maintaining the law and order in the area.

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News Network
January 29,2020

New Delhi, Jan 29: The Supreme Court on Wednesday dismissed the plea by Mukesh Kumar Singh, one of the four death row convicts in the Nirbhaya gang rape and murder case, challenging the rejection of his mercy petition by the President.

A three-judge bench headed by Justice R Banumathi said that expeditious disposal of mercy plea by the President doesn't mean non-application of mind by him.

The court also said that alleged sufferings in prison can't be grounds to challenge the rejection of mercy petition.

The bench said all relevant material including judgments pronounced by trial court, high court and Supreme Court were placed before the President when he was considering the mercy plea of the convict.

The bench also comprising justices Ashok Bhushan and A S Bopanna rejected the contentions of the counsel appearing for Singh that entire materials of the case were not placed before the President when he was considering his mercy plea.

The bench, while referring to two files placed before it by the Centre on Tuesday, said that as per the January 15 covering letter which was sent by the Delhi government to the Ministry of Home Affairs, all relevant documents were sent.

The bench noted that detailed judgements of trial court, high court and the Supreme Court, curative petition filed by Singh, his past criminal history and his family background were sent to the Home Ministry by the Delhi government.

"All the documents were taken into consideration by the President while rejecting the mercy petition," the bench said.

The bench also dealt with submissions advanced by the convict's counsel, who had argued that the mercy plea was rejected at "lightning speed".

The bench said that if a mercy petition is expeditiously dealt with, it cannot be assumed that it has been adjudicated upon in a pre-conceived mind.

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