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 27,2020

Jaipur, Jan 27: Senior Congress leader Shashi Tharoor said that if the Citizenship Amendment Act leads to the implementation of the NPR and the NRC, it would be a complete victory for Pakistan's founding father, Muhammad Ali Jinnah.

He said that Jinnah's idea of a country was already winning in India with the contentious Citizenship Amendment Act (CAA) coming into effect, but asserted that there was still a choice available.

"I would not say Jinnah has completely won, but I would say Jinnah is winning. There is still a choice available to the nation between Jinnah's idea of a country and Gandhiji's idea of a country," he said on the sidelines of the Jaipur Literature Festival on Sunday.

The CAA came into force in India in December amid protests across the country and around the world.

The MP from Thiruvananthapuram said that the amended Citizenship Act took Jinnah's logic by declaring that religion shall be the basis of nationhood, reaffirming that Gandhi's idea is that all religions are equal .

"The CAA is, if you are talking Tennis, you would say one set up or big first set lead for Jinnah. But the next step would be if the CAA would lead to the National Population Register (NPR) and the National Register of Citizens (NRC). If that happens, then you would consider that Jinnah's victory is complete," he said.

The CAA seeks to grant citizenship to migrants belonging to Hindu, Sikh, Buddhist, Christian, Jain and Parsi communities who came to India from Pakistan, Bangladesh and Afghanistan on or before December 31, 2014.

On the BJP's defence that the NPR was carried out during the UPA regime, Tharoor said that the Congress government had utilised a decision of the NDA government led by former prime minister Atal Bihari Vajpayee.

"It never asked where were your parents born. It never authorised the enumerators to note on the margin 'dubious citizenship', a term used in the NPR rules crafted by this government. That is purely BJP's invention," he said.

If we go around this country authorising people to interview all the citizens, or identify some who have 'dubious citizenship', you can be pretty sure which Indians are going to be found on the 'dubious citizenship', he said.

"That will principally be one community that is not mentioned in the CAA. And if that happens, then it is indeed Jinnah's victory.

"From wherever he is, he can point to this place and say, 'see I was right in the 1940. We are separate nations and Muslims deserved their own country because Hindus cannot be just'," Tharoor said.

Speaking about the Delhi election, the three-time MP said that the maximum development in the national capital happened under the Congress government.

"What Sheila Dikshit did in her 15 years as Chief Minister of Delhi, no other leader could do it before or after her," he said.

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News Network
March 26,2020

New Delhi, Mar 26: Despite repeated assurances by the Centre and state government of no shortage of food and essential services in Delhi, many daily wage earners have started fleeing the national capital on foot to return to their native villages in nearby Uttar Pradesh and other states because of the hardships being faced by them.
Most daily wage earners who are fleeing have complained that they are doing so because they will die of hunger due to lack of resources at their disposal.
"I am going to Azamgarh, my native place which is more than 800 kilometers from here. We have started walking towards our village. On the roads, if we get some vehicles then it will be all right otherwise we will continue on foot. I used to work in the construction sector but all work has stopped, we therefore have no other means to buy our rations. Atleast, food is guaranteed in our homes," Ghanshyam, a daily wage earner, told ANI here.
Rani, another daily wage earner, who was fleeing Delhi along with her family said, "Who would want to leave on foot, but what other options do we have. Our children will die of hunger, even if they are saved from the disease. That is why we are leaving."
While the government has been assuring that it will provide food and other essentials to the low-income groups, the people complained that they are yet to receive any help.
The departing of people has started despite repeated warnings by governments to prevent the influx of persons living in other states to curtail the spread of coronavirus.
Prince, who used to reside in Mongolpuri area of Delhi, said, "If we continue to stay the landlord will pester us for rent. The prices of all commodities are rising with each passing day, this way we will have nothing left to survive. We did not get any help from the government. I am, therefore, returning to Kasganj, which is close to 300 kilometres from Delhi. We will at least get food served twice a day in the village, nobody is offering us even water here."
Earlier on Tuesday, Delhi Chief Minister Arvind Kejriwal had announced Rs 5,000 for each construction worker under Construction Workers Welfare Board Fund.
Addressing a video conference here, he said, "The Delhi government will give Rs 5,000 to each construction worker as their livelihood has been affected due the outbreak of coronavirus."
He also said that the number of night shelters in the city has been increased and more food is being distributed to homeless people.
He also said that due to curfew, several people were not able to get food, and urged the public to send such people to the nearest shelters of the Delhi government, where food was being arranged.

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Agencies
July 13,2020

Jaipur, July 13: Amid a deepening political crisis in Rajasthan where the number 2 leader of the Congress party Sachin Pilot has revolted, over 200 Income Tax (I-T) sleuths raided the residences and properties of two of Chief Minister Ashok Gehlot’s close confidants.

The Income Tax department has carried out searches at over a dozen locations linked to Congress leader Dharamender Rathore as well as jewellery firm owner Rajiv Arora, both of whom are considered close to Gehlot.

Officials said that the raids that are underway in Jaipur, Kota, Delhi, and Mumbai were done after a complaint of tax evasion was made. Under the scanner, they said, are transactions that were made outside the country.

The curious timing of the Income Tax department’s action against Gehlot’s aides has made the Congress accuse the sleuths of acting on the behest of the BJP.

Congress spokesperson Randeep Singh Surjewala tweeted: “After all, BJP's lawyers came on the field. The Income Tax Department started raids in Jaipur. When will ED arrive?”

The Congress is facing a cliffhanger in Rajasthan after the open rebellion by deputy chief minister Sachin Pilot, who on Sunday night claimed that he had the support of 30 MLAs and that Gehlot was leading a minority government in the state.

However, Congress leader Avinash Pande on Monday said 109 MLAs have signed a letter of support to the chief minister, well above the majority mark of 100. The party has issued a whip to all the MLAs, asking them to attend the Congress Legislature Party meeting at 10.30 am. 

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