SC refuses to pass directions on lifting of restrictions in J&K; says govt needs time

Agencies
August 13, 2019

New Delhi, Aug 13: The situation in Jammu and Kashmir is "very sensitive" and reasonable time should be given to the government to ensure normalcy there, the apex court said on Tuesday while refusing to pass any immediate order to the Centre to lift restrictions in the region imposed after abrogation of Article 370.

The apex court also said that it is to be ensured that no life was lost there and posted the matter after two weeks, saying it will wait for normalcy to return.

A three judge bench headed by Justice Arun Mishra was hearing the petition filed by Congress activist Tehseen Poonawalla on the Centre's decision to impose restrictions and "other regressive measures" in Jammu and Kashmir following the revocation of the provisions of Article 370.

The Centre told the bench that they are reviewing the situation in the region on a day-to-day basis and reports come from respective district magistrates and relaxations are being ordered accordingly.

"We have to ensure that law and order situation in Jammu and Kashmir is maintained," Attorney General K K Venugopal told the bench.

He referred to the July 2016 agitation in Kashmir after encounter of terrorist Burhan Wani and said it took around three months to bring normalcy at that time.

He said that since 1990, 44,000 people have been killed by extremists and people from across the border have been guiding and giving instructions to them.

He said in the present situation, it will take few days to restore normalcy in Jammu and Kashmir.

Venugopal said that not a single death has been reported since last Monday after the restrictions were imposed.

The AG was responding to the bench which asked about the steps taken by the authorities for bringing normalcy and restoring basic facilities in the region.

During the hearing, the bench said: "The situation is such that nobody knows what exactly is happening there. Some time should be given for bringing normalcy. They are analysing the situation on a day-to-day basis.

"The government's endeavour is to restore normalcy. That is why they are reviewing the situation on a day-to-to basis. If tomorrow anything happens in Jammu and Kashmir, who will be responsible? Obviously the Centre."

The bench further said that it has to look into all the pros and cons and therefore reasonable time should be given to the government to ensure normalcy returns in the state.

It asked the petitioner's counsel senior advocate Menaka Guruswamy to give specific instances where relief is needed.

"You give us specific instances and we will give directions to them to provide relief," the bench said.

The top court asked the AG as to how much time will be needed to restore normalcy.

Venugopal replied that there is need to ensure that law and order situation is maintained and least inconvenience is caused to the general public.

He said that large number of troops and para military forces have been sent to Jammu and Kashmir.

While Guruswamy was making submissions that due to snapping of all type of communication people failed to speak on the festive occasion, the bench said, "nothing can be done overnight. There are serious issues. Normalcy would return and we expect it will come with time. What is important is it has to be ensured that no life is lost".

Venugopal said that the government is ensuring that no violence or human rights violations takes place there.

He said that during the agitation in July 2016, total of 47 persons had died but till today no one has died.

Before posting the matter after two weeks the bench said, "We are with you on the issue of right to liberty of the people. But we should have a real picture before us.

"Wait for sometime. Let us wait for normalcy to return."

The bench told further the petitioner that he will have the chance to come back after two weeks.

At the outset, Guruswamy said how can there be total prohibition on communication that even soldiers posted in the state cannot talk to their family members.

This submission invited angry reactions from the bench.

It said: "Why you are raising grievances on behalf of soldiers. Your prayer is not this. Soldiers have to maintain discipline and if they have any grievance then let them come before us. Why you are taking up the cause of soldiers."

When Guruswamy tried to make a reference of Article 370, the bench warned her saying, "Don't make any such statement on it".

She had said she was not making any comment on Article 370 but was on the issue of constitutional right of the individuals.

While she was making submissions on various violation of rights by referring to people's difficulty in even reaching to hospital and schools and police station, the bench said that in the petition no instances have been cited like that.

"Your petition is poorly drafted," the bench said, adding that it is also filed very carelessly without realizing the seriousness and importance of the matter.

Comments

Deshpremi
 - 
Tuesday, 13 Aug 2019

Very shortly rss finance group ambani n addani will release money to their sewak to purchase land at J&K.then they will put barricade like Palestine.

 

Wait see  iranian shah drama. But our mouna modified will never say any thing about these.

 

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News Network
January 29,2020

Jan 29: Multiple organisations have called for a Bharat Bandh today in order to protest against the recently passed Citizenship Amendment Act and the proposed National Register of Citizens (NRC). The Bharat  Bandh today has been organised in Surat in Gujarat, Jharkhand and Andhra Pradesh. Increased security measures have been put in place in the three states keeping in view the call for shutdown.

According to media reports, the call for Bharat Bandh was given by Maulana Sajjad Nomani of the All India Muslim Personal Law Board (AIMPLB). This was to protest against the controversial CAA-NRC. This call is supported by an NGO based in Surat, Versatile Minorities Forum (VMF). Apart from the VMF, the call for strikes has been supported by organizations such as Bahujan Kranti Morcha, National Association of Street Vendors of India Surat chapter and the Textile Market Workers' Union.

The workers of the VMF were also spotted distributing pamphlets and urging people to support the strike. Several shopkeepers have also put up notices stating that their shops will be shut for the day.

Earlier, Bharat Bandh was called by 10 trade unions and several bank employees in order to protest against the "anti-people policies of the government" on January 8 and 9. A few violent incidents during this Bharat Bandh were reported in West Bengal.

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News Network
January 20,2020

New Delhi, Jan 20: Union Finance Minister Nirmala Sitharaman on Sunday said the kind of cleaning in the system that the BJP-led government had to carry out after coming to power in 2014 was "unbelievable" and it undertook the exercise without any grudge or worry.

Between 2014-16, there were a lot of questions as to why reforms did not come fast and there were comments that the government was incapable of bringing them, she said delivering the Nani Palkhivala Memorial lecture on "Road Map to $5 Trillion Economy" here.

Pointing out that there were allegations and criticism that the government wants to do something but it did not, Sitharaman said, "I am fully willing to buy that." She recalled that Prime Minister Narendra Modi often said he did not believe in incremental changes and the country needed good transformational change. The stage in which India is today, it cannot have little marginal increments, but good transformational change.

"But still one might say in the last five years the government never did. That can be a critical analysis and I am fully willing to buy that. Because post-2014 the kind of cleaning up the government had to do was unbelievable and we undertook that exercise without a grudge without a worry.. we had to do it and it is part of the game," she said. Elaborating, Sitharaman said states have their own views on Land Acquisition Bill and the government could not have done anything because land, after all, is with them.

Commenting on the topic 'Road Map to $5 trillion economy,' she said quoting Prime Minister Narendra Modi's comments, the government would take the route "Sarkar ka abhaav nahi hona chahiye, prabhaav hona chahiye aur dabaav nahi hona chahiye."

"Abhaav and dabaav both of which are not desirable, abhaav is the inadequacy or lack of adequate presence or shortfall. You do not need a shortfall. You need a government where it should be present, where it is expected to function.", she said.

"So there should not be abhaav. Dabaav (meaning pressure) is not something you want from the government. So, you want Prabhaav. It is broadly an influence, facilitation, broadly the philosophy with which it is mandated, she said.

Noting that the government has got the mandate through the election, she said, "The mandate was spelt out in so many different ways in its manifesto. So the route towards $5 trillion is this."

"We have to be there to facilitate. We have to be there to make it easy. We have to be where you need us, where there is no policy (reforms from the government)," she said.

On the Insolvency and Bankruptcy Code (IBC) implemented by the government, the union minister said the approach of the IBC was not to shut business. "IBC takes on the approach in having some kind of resolution where all people who exploited the company do not come back through the "back door," she said.

IBC was done through better management so that the institution is alive and kicking. It is something which she wanted to carry forward from Modi 1.0 to 2.0. "The point I am trying to make on this road to $5 trillion economy is that it is not just an abstraction, this is not how I want India to be. But in micro-level too, we are coming in response to every stakeholder," she said.

Comments

Well Wisher
 - 
Tuesday, 21 Jan 2020

LOL. Do not say anything, else she will get angry.

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News Network
March 27,2020

Mumbai, Mar 27: The Reserve Bank of India (RBI) on Friday lowered the key repo rate by 75 basis points to 4.4 per cent in a bid to arrest the economic slowdown amid coronavirus (COVID-19) outbreak.
The reverse repo rate now stands at 4 per cent, down by 90 basis points, said RBI Governor Shaktikanta Das adding this has been done to make it unattractive for banks to passively deposit funds with the central bank and instead lend it to the productive sectors.
The six-member monetary policy committee (MPC) met on March 24, 25 and 27 and voted 4:2 in favour of the repo rate reduction. The MPC also decided to continue with the accommodative stance as long as it is necessary to revive growth and mitigate the impact of COVID-19 on the economy while ensuring that inflation remains within the target.
"The need of the hour is to shield the economy from the pandemic," said Das. "We need to mitigate the impact of coronavirus, revive economic growth and provide financial stability."
Repo rate is the rate at which a country's central bank lends money to commercial banks, and the reverse repo rate is the rate at which it borrows from them.
The RBI Governor further said that the economic growth and inflation projection will be highly contingent depending on the duration, spread and intensity of the pandemic.
"Global economic activity has come to a near standstill as COVID-19 related lockdowns and social distancing are imposed across a widening swathe of affected countries. Expectations of a shallow recovery in 2020 from 2019's decade low in global growth have been dashed," said Das.
"The outlook is now heavily contingent upon the intensity, spread and duration of the pandemic. There is a rising probability that large parts of the global economy will slip into recession," he said.
However, the RBI has injected liquidity of Rs 2.8 lakh crore via various instruments equal to 1.4 per cent of GDP. "Along with today's measures, liquidity measures equal to 3.2 per cent of GDP. The RBI will take continuous measures to ensure liquidity in the system."
The RBI governor has said that all banking institutions can offer a three-month moratorium on all loans for a period of three months. The RBI has also allowed banks to restructure the working capital cycle for companies without worrying that these will have to be classified as a non-performing asset (NPA).
The three-month moratorium will permit banks to avoid a large onset of NPAs during the 21-day lockdown and keep their books healthy.
Das said banks and other financial institutions should do all they can to keep credit flowing to economic agents facing financial stress on account of the isolation that the virus has imposed.
"Market participants should work with regulators like the RBI and the Securities and Exchange Board of India (SEBI) to ensure the orderly functioning of markets in their role of price discovery and financial intermediation," he said.

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