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

New Delhi, Jan 29: The Supreme Court on Wednesday dismissed the plea by Mukesh Kumar Singh, one of the four death row convicts in the Nirbhaya gang rape and murder case, challenging the rejection of his mercy petition by the President.

A three-judge bench headed by Justice R Banumathi said that expeditious disposal of mercy plea by the President doesn't mean non-application of mind by him.

The court also said that alleged sufferings in prison can't be grounds to challenge the rejection of mercy petition.

The bench said all relevant material including judgments pronounced by trial court, high court and Supreme Court were placed before the President when he was considering the mercy plea of the convict.

The bench also comprising justices Ashok Bhushan and A S Bopanna rejected the contentions of the counsel appearing for Singh that entire materials of the case were not placed before the President when he was considering his mercy plea.

The bench, while referring to two files placed before it by the Centre on Tuesday, said that as per the January 15 covering letter which was sent by the Delhi government to the Ministry of Home Affairs, all relevant documents were sent.

The bench noted that detailed judgements of trial court, high court and the Supreme Court, curative petition filed by Singh, his past criminal history and his family background were sent to the Home Ministry by the Delhi government.

"All the documents were taken into consideration by the President while rejecting the mercy petition," the bench said.

The bench also dealt with submissions advanced by the convict's counsel, who had argued that the mercy plea was rejected at "lightning speed".

The bench said that if a mercy petition is expeditiously dealt with, it cannot be assumed that it has been adjudicated upon in a pre-conceived mind.

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News Network
March 29,2020

New Delhi, Mar 29: Prime Minister Narendra Modi on Sunday said that people should not think of COVID-19 quarantine facilities as a prison and spoke with two survivors of the infection during his radio show 'Mann Ki Baat' to establish that it was curable.
The Prime Minister spoke to coronavirus survivors -- Ramagampa Teja and Ashok Kapoor - and urged them to share their success against the infection with people.
The Prime Minister asked people to listen to the survivors who had successfully defeated the coronavirus.
"I have spoken to a few people who were infected from the virus and speaking to such people. While I tried to boost their morale they also lifted my spirits when I talked to them," he said.
Speaking to the Prime Minister during the show, Ramagampa Teja, an IT professional, who tested positive for COVID-19 after returning from Dubai, said that he was frightened when he tested positive for the disease and could not believe that this has happened to him.
He said even his family was very stressed after finding out his COVID-19 positive status. "But their test results came negative, which I took as a great blessing. And since then, there were improvements every day," he said.
Teja was admitted to a government hospital in Hyderabad and was released after 14 days as he successfully overcame the infection. "The first few days were the hardest but the dedicated doctors and nurses at the hospital ensured that I recovered," he added.
He asked people not to be afraid of being quarantined. "People feel that going into quarantine means going to prison. They should know that the government quarantine is for them and their families. I want to emphasise that people must get tested and do not fear quarantine," he added.
The Prime Minister congratulated him and his family and asked him to share an audio clip of his experience. "I would like you to make an audio of your experiences and share it on social media so that it goes viral and removes fear from people's minds," the Prime Minister said.
The Prime Minister also spoke to another coronavirus survivor, Ashok Kapoor, six members of whose family in Agra were tested positive for the deadly virus.
On being asked by the Prime Minister whether they had feared for their lives, Kapoor said, "We were not scared as we received excellent cooperation from the doctors and support staff at Delhi's Safdarjung Hospital."
The six of them were shifted to Delhi and put under quarantine for 14 days where all of them successfully recovered from the infection.
The Prime Minister also commended the spirit of Ashok Kapoor and said: "Your experience came in handy for all. My best wishes to you and your family."
He also urged the Kapoor family to spread awareness regarding COVID-19 in the way they see fit. "Please spread awareness your way and you can feed whoever is hungry, look out for the poor and also spread awareness to people urging them to follow the rules," the Prime Minister said.
"If everyone follows the rules, the country will be saved," the Prime Minister said.
The Prime Minister also thanked the people involved in ensuring the continuous supply of goods and services in the country and advised them to "follow all the safety precautions, take care of themselves and their family members."
Earlier in his address, Modi had asked for the forgiveness of all countrymen, and especially the poor, for the nationwide lockdown in the country in the view of the novel coronavirus. He had then termed it a necessary measure needed to defeat the infection in India.

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News Network
February 28,2020

Patna, Feb 28: Social and cultural activists from far and wide converged here on Thursday to lend their support to a massive rally that marked the conclusion of Kanhaiya Kumar's 'Jan Gan Man Yatra' across Bihar to galvanise public opinion against CAA-NPR-NRC.

Medha Patkar of the Narmada Bachao Andolan fame, Mahatma Gandhi's grandson Tushar Gandhi and former IAS officer Kannan Gopinathan, who gave up his career at a young age in protest against abrogation of Article 370, shared the stage with the former JNU students' leader.

Shabnam Hashmi -- founder of socio-cultural organisation ANHAD and sister of slain Marxist playwright and director Safdar Hashmi -- also joined them.

Congress MLA Shakil Ahmed Khan, a former president of JNU students' union himself who accompanied Kanhaiya during his tour that commenced at Champaran on January 30, Mahatma Gandhi's death anniversary, and leaders of state units of CPI and CPI(M) also addressed the rally held at Gandhi Maidan.

Kanhaiya began his speech with a one-minute silence held in the memory of those who lost their lives in Delhi violence.

Defending his frequent use of the term "azadi" (freedom) which supporters of the Sangh Parivar hold to be tantamount to supporting secession, Kanhaiya said, "We must talk about the virtues of azadi here since today happens to be the day when legendary revolutionary Chandrashekhar Azad had given up his life fighting the British."

Charging the ruling BJP with pitting Hindus against Muslims, he said, "Let us resolve to defeat their agenda by emulating the fabled friendship of Ram Prasad Bismil and Ashfaqullah Khan."

The young CPI leader, who made an unsuccessful debut from his native Begusarai Lok Sabha constituency last year, seemed unimpressed with the resolution passed by the Bihar Assembly earlier this week against NRC and inclusion of contentious clauses in NPR forms.

"Both the government and the opposition are busy congratulating themselves. I extend my congratulations as well. But to all those who are present here, I would say it is a half-victory. We must not allow our movement to fizzle out and draw inspiration from Gandhi's model of civil disobedience when the NPR exercise gets underway," he said.

"Villagers should ask their respective panchayat heads to ensure that no NPR official is allowed to come knocking in their areas of jurisdiction when NPR is scheduled to be undertaken in May," the CPI leader said.

"We have to brace for a long and tough fight. We are living under a regime which sends conscientious professionals like Dr Kafeel Ahmed behind the bars and declares anybody questioning its actions as an anti-national," said Kanhaiya, who has himself been slapped with a sedition case.

Earlier, in his address, Tushar Gandhi likened CAA, NPR and NRC to the "three bullets that killed the Mahatma" and asserted that these measures would "harm the poor, belonging to all religious communities and not just the Muslims".

"If the government does not care about the poor, we must tell those in power -- 'chale jaao' (go away) just as we had done to the British colonisers... it is going to be a long fight. Independence was achieved five years after the call for Quit India Movement," he said.

"We need to keep repeating the importance of non-violence over and over again while those with other value systems simply have to utter inciting statements," he said, in an oblique reference to the controversial poll campaign of Union minister and BJP leader Anurag Thakur during the recently-held Delhi Assembly elections, which the party lost.

Kannan Gopinathan said, "The claim that CAA is all about granting citizenship and not taking it away is bunkum. Any law which seeks to favour one section of the society on the basis of religion can be tweaked to harm another social segment... people say this government is Fascist. I am not sure of that but it is certainly stupid."

"This government brought in demonetisation and wrecked the economy but failed to achieve its promise of eradicating black money. It abrogated Article 370 and now it is clueless as to what to do with the situation in Kashmir," he said.

"Union minister Amit Shah had declared in Parliament that NRC will be implemented. Faced with public resistance, Prime Minister Narendra Modi had to say he does not know what NRC is. Keep up the stir for a little longer, he will start saying he does not know Amit Shah," said Kannan, evoking peals of laughter.

In the course of his speech, Kanhaiya also made the crowds sing after him the National Anthem but skipped a few words towards the end. Participants at the rally were viciously trolled on social media for the slip-up.

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