SC dismisses BJP leader’s PIL challenging minority status of Muslims, 4 other communities

News Network
December 17, 2019

New Delhi, Dec 17: The Supreme Court on Tuesday dismissed a petition challenging the validity of the Centre's 26-year-old notification according minority status to five communities — Muslims, Christians, Sikhs, Buddhists and Parsis, saying religion must be considered pan-India.

A bench headed by Chief Justice S A Bobde refused to entertain the PIL filed by BJP leader and lawyer Ashwini Kumar Upadhyay seeking laying of guidelines to accord minority status based on state-wise population of a community.

"Religion must be considered pan-India. What is the problem if Muslims are majority in Kashmir and minority elsewhere in the country," the bench which also comprised Justice B R Gavai and Surya Kant said while dismissing the PIL.

Upadhyay, in his PIL, had sought framing of guidelines to grant minority status to a religious community based on their population in a particular state and claimed that Hindus, which are in minority in eight states, are deprived of minority benefits.

"Languages are restricted state wise. Religions don't have state borders. We have to take a pan-India approach. In Lakshadweep, the Muslims follow the Hindu law," the bench said.

It took note of submissions of Attorney General K K Venugopal, who was asked to assist the court, that there have been judgments of the apex court which say that minority can be decided based on all India population of a religious group.

During the brief hearing, the bench asked senior advocate Mohan Parasaran, appearing for Upadhyay, to show the judgments where it has been held that state-wise population can be considered for granting minority status.

It asked as to how there can be guidelines to decide this and observed, "I don't think we should entertain this".

The bench said languages have been used to create states and it is not the case with religion and hence minority status cannot be granted to a community based on state-wise population.

In his petition, the BJP leader had said Hindus, who are a majority community as per national data, are a minority in several northeastern states and in Jammu and Kashmir.

However, the Hindu community is deprived of benefits which are available to minority communities in these states, the plea had said.

Comments

abdullah
 - 
Wednesday, 18 Dec 2019

BJP leader Ashwini Kumar is misleading the SC and wasting its valuable time.   This trouble maker should be fined for this.   He is not respecting Indian constitution and minorities (other religions).  

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Agencies
May 26,2020

The Shopping Centres Association of India (SCAI) on Monday said the sector has lost over Rs 90,000 crore in the last two months, owing to the lockdown, and market players need much more than the repo rate cut and the loan moratorium extended by the RBI.

In a statement, the industry body said that the Reserve Bank of India's (RBI) relief measures are not adequate to support the liquidity needs of the industry.

According to the SCAI, there is a common misconception that the shopping centres' industry is centred around metros and large cities with investments only from large developers, private equity players and foreign investors.

"However, the fact is that most malls are part of the SMEs or standalone developers. i.e. more than 550 are single owned by standalone developers out of the 650-odd organised shopping centres across the country and there are 1,000+ small centres in smaller cities," it said.

Amitabh Taneja, Chairman of SCAI said: "The organised retail industry is in distress and has not earned anything since the lockdown and their survival is at stake. While the extension of the loan moratorium talks about some relief on repayment but won't help the industry in liquidity."

He said that a long term beneficial plan from the government is much required to revive the sector.

"Being the most safe, accountable, and controlled environment, unfortunately, malls have not been permitted to open which will lead to job losses and might even shut shops for a lot of mall developers," Taneja said.

In its representations to the Centre and the Reserve Bank of India, the association has also pointed out that, in absence of financial package and stimulus from the RBI, over 500 shopping centres may go bankrupt, that may lead to the banking industry staring at NPAs of Rs 25,000 crore.

The industry body has put forward its recommendations and requests to the government. It had sought moratorium till March 2021 at the least in terms of repayment of bank loans, interest, EMI and so on, without levy of any penalties or penal interest.

It has also sought a one-time loan restructuring with lower rates of interest, permitted for shopping centres and a facilitative and forward-looking support provision of short-term financing options for a period of six to 12 months, at lower interest rates, to meet the increased working capital requirements.

Among other relaxations, it had also appealed for GST rebates to offset the losses on account of and for the period of closure of business.

It also said that interest rates should be brought down to "manageable levels" of 5-6% in view of the precarious financial situation.

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News Network
June 23,2020

New Delhi, Jun 23: The Delhi High Court Tuesday granted bail to Jamia student Safoora Zargar, who is pregnant and was arrested under anti-terror law UAPA in a case related to communal violence in northeast Delhi during protests against the Citizenship Amendment Act, as Solicitor General Tushar Mehta did not oppose it on humanitarian grounds.

At the outset of the hearing, Mehta, representing Delhi Police, submitted that Zargar can be released on regular bail on humanitarian grounds and the decision has not been taken on merits of the case and should not be made a precedent.

Justice Rajiv Shakdher, who conducted the hearing through video conferencing, released Zargar, who is 23-week pregnant, on bail on furnishing a personal bond of Rs 10,000 and surety of like amount.

The court said she shall not indulge in any activity for which she has been charged with and shall not hamper the investigation or influence the witnesses.

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News Network
March 16,2020

New Delhi, Mar 16: Reliance Group Chairman Anil Ambani has been summoned by the ED in connection with its money laundering probe against Yes Bank promoter Rana Kapoor and others, officials said on Monday.

They said Ambani was asked to depose at the Enforcement Directorate office in Mumbai on Monday as his group companies are among the big entities whose loans went bad after borrowing from the crisis-hit bank.

The officials said Ambani, 60, has sought exemption from appearance on some personal grounds and he may be issued a new date.

Ambani's group companies are stated to have taken loans of about Rs 12,800 crore from the bank that turned NPAs.

Finance Minister Nirmala Sitharaman had said in a March 6 press conference that the Anil Ambani Group, Essel, ILFS, DHFL and Vodafone were among the stressed corporates Yes Bank had exposure to.

Officials said promoters of all the big companies who had taken large loans from the beleaguered bank which later turned bad are being summoned for questioning in the case to take investigation forward.

Ambani's statement will be recorded under the Prevention of Money Laundering Act (PMLA) upon deposition, they said.

Kapoor, 62, is at present in ED custody after he was arrested by the central probe agency early this month.

The ED has accused Kapoor, his family members and others of laundering "proceeds of crime" worth Rs 4,300 crore by receiving alleged kickbacks in lieu of extending big loans through their bank that later turned NPA.

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