SC pulls up Archeological Survey of India for failing to preserve iconic Taj Mahal

Agencies
May 9, 2018

New Delhi, May 9: The Supreme Court on Wednesday came down heavily on the Archeological Survey of India (ASI) for its failure to take appropriate steps to protect and preserve of the iconic Taj Mahal.

The apex court also expressed concern over Taj Mahal being infected by insects and asked the authorities, including the ASI, what steps they have taken to prevent this.

"This situation would not have arisen if the ASI would have done its job. We are surprised with the way the ASI is defending itself. You (Centre) please consider if the ASI is needed there or not," a bench of Justices M B Lokur and Deepak Gupta told Additional Solicitor General ANS Nadkarni, who was appearing for the Centre.

Meanwhile, Nadkarni told the bench that the Ministry of Environment and Forests (MoEF) was considering the apex court's suggestion to appoint international experts to look into the issue of protection and preservation of Taj Mahal.

The counsel for ASI told the court that the problem of insects was due to stagnation of water of river Yamuna.

In March this year, the apex court had asked Uttar Pradesh government to place before it a draft of vision document on protection and preservation of the Taj and the environment in the Taj Trapezium Zone, which is an area of about 10,400 sq km spread over the districts of Agra, Firozabad, Mathura, Hathras and Etah in Uttar Pradesh and Bharatpur in Rajasthan.

The top court has been monitoring developments in the area to protect the monument, built by Mughal emperor Shah Jahan in the memory of his wife Mumtaz Mahal in 1631. The mausoleum is a UNESCO World Heritage Site.

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News Network
January 1,2020

New Delhi, Jan 1: Newly-appointed Chief of the Defence Staff General Bipin Rawat on Wednesday said the armed forces stay away from politics and work as per the directives of the government of the day, remarks that come amid allegations that the forces were being politicised.

Gen Rawat also said that his focus as CDS will be to integrate the efforts of the three services and to work as a team.

"We keep ourselves away from politics. We act according to the directives of the government of the day," he said.

Gen Rawat said his focus will be to ensure best and optimal use of resources allocated to the three services.

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News Network
May 10,2020

Mumbai, May 10: Air India, which is operating flights to evacuate Indians stranded in foreign countries, have asked its pilots to undertake coronavirus test before they operate such flights, the sources said.

"Five Air India pilots have tested positive for coronavirus. These pilots were tested one after one. We suspect it could be a case of faulty testing kit as well," one of the sources said.

The five pilots fly Boeing 787 planes, the second source said.

Air India spokesperson did not offer any comment.

A senior airline official said the five pilots had not operated any flight in the last three weeks.

"These pilots had operated cargo flights to China prior to April 20," the official said.

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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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