SC flays use of 'excessive force' in disturbed areas

July 9, 2016

New Delhi, Jul 9: The Supreme Court on Friday said the use of “excessive force” by armed forces or police was not permissible in ‘disturbed areas’ under the AFSPA.

scObserving that the situation in Manipur has “never been one of war”, the court said killing citizens on suspicion that they are the “enemy” gravely endangers the democracy.

While dealing with a PIL, which complained of 1,528 extra-judicial killings in the state from 2000 to 2012 by security forces and police, it said, “If members of our armed forces are deployed and employed to kill citizens of our country on the mere allegation or suspicion that they are ‘enemy’, not only the rule of law, but our democracy would be in grave danger.”

The court, which directed a thorough probe into charges of fake encounter killings, said an inquest was needed “to know the truth” in Manipur where “we need to be clear that the situation has never been one of a war or an external aggression or an armed rebellion that threatens the security of the country or a part thereof.”

Delivering an 85-page verdict, the top court said “the public order situation in Manipur is, at best, an internal disturbance”. A bench of Justices M B Lokur and U U Lalit said that before branding a person a terrorist or insurgent, “there must be a commission or some attempt or semblance of a violent overt act”.

It said the armed forces “do not supplant the civil administration but only supplement it” and added that their deployment was “intended to restore normalcy and it would be extremely odd if normalcy was not restored within some reasonable period, certainly not an indefinite period or an indeterminate period”.

“A distinction must be drawn between the right of self defence or private defence and use of excessive force or retaliation. Very simply put, the right of self defence or private defence is a right that can be exercised to defend oneself but not to retaliate,” the bench said.

The bench also referred to an earlier verdict which cautioned against use of retaliatory force even against a dreaded criminal.

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Agencies
April 23,2020

New Delhi, Apr 23: With an increase of 1,229 new COVID-19 cases in the last 24 hours, the total number of cases reached 21,700, said the Union Ministry of Health and Family Welfare on Thursday.

The tally is inclusive of 16,689 active cases, 4,325 patients have been cured/discharged and migrated, while 686 patients who have died due to the deadly virus.

According to the ministry's data, Maharashtra is on the top of the list with most COVID-19 cases, 5,652 cases of which 789 patients have recovered and 269 patients succumbing to coronavirus.

Gujarat and Delhi are second and third on the list respectively with Gujarat having 2407 cases of which 179 patients have recovered and 103 deaths. Meanwhile, in Delhi, the tally stands at 2248 cases of which 724 patients have recovered and 49 patients have died from COVID-19.

Rajasthan's tally stands at 1,890 cases with 230 patients cured while 27 deaths have been reported as of Thursday.

Madhya Pradesh has 1695 cases of which 148 patients have recovered and 81 deaths reported. Tamil Nadu, on the other hand, stands with 1629 cases of which 662 patients have recovered and 18 have died due to the deadly virus.

Goa has seven cases reported of which all seven patients have recovered from the coronavirus.

Prime Minister Narendra Modi announced on April 14, that the nationwide lockdown would be extended to May 3.

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Agencies
February 11,2020

Bhadohi, Feb 11: With just two days left for the State Budget Session, a widow from Uttar Pradesh''s Bhadohi district has accused BJP MLA Ravindranath Tripathi and six others of sexual harassment over the years, the police said.

The incident is likely to cause considerable embarrassment to the ruling Yogi Adityanath government.

Bhadohi Superintendent of Police (SP) Ram Badan Singh said: "The woman, whose husband died in 2007, met the BJP MLA Ravindranath Tripathi''s nephew in 2014. She said that she was physically exploited by him for many years on the pretext of marriage."

The complainant also said that the nephew then got her lodged in a Bhadohi hotel for about a month during the 2017 Uttar Pradesh Assembly elections, "where she was raped by the MLA and his other family members".

The case has been handed over to the Additional Superintendent of Police for further investigations.

A case is yet to be registered.

The Uttar Pradesh Budget Session starts from Thursday.

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News Network
March 6,2020

New Delhi, Mar 6: Justice S Muralidhar Thursday cleared the air over the controversy on his transfer from the Delhi High Court to Punjab and Haryana High Court, saying he had replied to Chief Justice of India S A Bobde's communication that he was fine with the proposal and had no objection to it.

The controversy erupted after the Centre issued Justice Muralidhar's transfer notification close to mid night of February 26 -- the day a bench headed by him had pulled up Delhi Police for failing to register FIRs against three BJP leaders for their alleged hate speeches which purportedly led to the recent violence in northeast Delhi.

Justice Muralidhar (58), who received a grand farewell on Thursday from a huge gathering including judges and lawyers amid big rounds of applause, said he wanted to clear the confusion on his transfer and narrated the sequence of events from the time he received CJI's communication till February 26.

The Supreme Court collegium, headed by the CJI, had in a meeting on February 12 recommended the transfer of Justice Muralidhar to Punjab and Haryana High Court.

Justice Muralidhar was number three in the Delhi High Court, his parent high court as a judge.

Explaining the transfer process, he said the 5-member collegium sends to the Centre a recommendation that a judge of a high court should be transferred to another high court. The judge concerned is not at this stage under orders of transfers. That happens only when the collegium's recommendation fructifies into a notification.

“In my case, the collegium's decision was communicated to me by the CJI on February 17 by a letter which sought my response. I acknowledged receipt of the letter, I was then asked to clarify what I meant. As I saw it, if I was to be transferred from the Delhi High Court any way, I was fine with moving to the Punjab and Haryana High Court.

“I therefore clarified to the CJI that I did not object to the proposal. An explanation for my transfer reached the press...on February 20 quoting 'sources in the Supreme Court collegium', confirming what has been indicated to me a couple of days earlier,” he said.

The CJI's letter dated February 14 was delivered to Justice Muralidhar on February 17, the day when the family's pet labrador Sakhi breathed her last.

He said February 26 was perhaps the longest working day of his life as a judge of the Delhi High Court, where he has spent 14 years on the bench.

He said it began at 12:30 am with a sitting at his residence with Justice A J Bhambhani, under the orders of Justice G S Sistani, to deal with a PIL filed by Rahul Roy seeking safe passage of ambulances carrying the injured riot victims.

“When I received a call at my residence from the lawyer for the petitioner, I first called Justice Sistani to ask what should be done, knowing that the Chief Justice (CJ) was on leave. Justice Sistani explained that he too was officially on leave the whole of February 26 and that I should take up the matter.

“This fact is stated in the order passed by the bench after the hearing. Later that day, upon urgent mentioning, as the de facto CJ's bench, Justice Talwant Singh and I took up another fresh PIL on the CJ's board seeking registration of FIRs for hate speeches. After the orders passed on that day, the above two PILs remained on the CJ's Board,” he said.

Justice Muralidhar ended the speech saying the notification which was issued close to midnight of February 26 did two things.

“First, it transferred me to Punjab and Haryana High Court. Second, it appointed me to a position from where I can never be transferred, or removed and in which I shall always be proud to remain. A 'former judge' of arguably the best high court in the country. The High Court of Delhi,” he said, following a standing ovation by all the judges and the gathering, including his family members, former judges, lawyers, court staff and media persons.

Earlier in the day, a farewell programme was also organised by the Delhi High Court Bar Association.

While addressing the gathering at the bar's function, Justice Muralidhar concluded his address saying “When justice has to triumph, it will triumph ... Be with the truth - Justice will be done.”

Justice Muralidhar's mother, wife Usha Ramanathan, former Delhi High Court chief justice A P Shah, senior advocate Shanti Bhushan and former Delhi University VC Upendra Baxi were also present at the later function that was organised by the court.

Bidding adieu to Justice Muralidhar, Delhi HC CJ D N Patel said it was an occasion which has come with a saddening effect and his absence will be felt institutionally as well as personally.

Delhi government standing counsel (criminal) Rahul Mehra termed Justice Muralidhar as a “highly intellectual, courageous, upright and incorruptible judge” and sang bengali song 'ekla chalo re' to describe him.

Mehra said he joins Delhi High Court Bar Association in “strongly condemning” Justice Muralidhar's transfer.

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