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
March 4,2020

New Delhi, Mar 4: A court in Delhi on Wednesday convicted expelled BJP MLA Kuldeep Singh Sengar of culpable homicide not amounting to murder in the death of the Unnao rape victim's father.

District judge Dharmesh Sharma said Sengar had no intention of killing the victim's father. “He was beaten in a brutal manner that led to his death,” the judge said.

The court had sent Sengar to jail on December 20 for the “remainder of his natural biological life” for raping the woman in 2017, when she was a minor.

The Central Bureau of Investigation (CBI) had examined 55 witnesses in support of the case and the defence examined nine witnesses.

The court had recorded the statements of the rape survivor's uncle, mother, sister and one of her father's colleague who claimed to be an eyewitness to the incident.

Charges were framed against Sengar, his brother Atul, Bhadauria, sub-inspector Kamta Prasad, constable Amir Khan and six others in the case.

The case was transferred to Delhi from a trial court in Uttar Pradesh on the directions of the Supreme Court on August 1 last year.

In July, 2019 a truck rammed into the car the rape victim was travelling in with some family members and her lawyer.

Two of her aunts died in the incident. She was airlifted from a hospital in Lucknow and to AIIMS in Delhi.

The victim has been provided accommodation in Delhi and is under CRPF protection.

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News Network
February 6,2020

Washington, Feb 6: U.S. president Donald Trump drew on staunch Republican support to defeat the gravest threat yet to his three-year-old presidency on Wednesday, winning acquittal in the Senate on impeachment charges of abuse of power and obstruction of Congress.

Only the third U.S. leader ever placed on trial, Trump readily defeated the Democratic-led effort to expel him from office for having illicitly sought help from Ukraine to bolster his 2020 re-election effort.

Trump immediately claimed "victory" while the White House declared it a full "exoneration" for the president -- even as Democrats rejected the acquittal as the "valueless" outcome of an unfair trial.

Despite being confronted with strong evidence, Republicans stayed loyal and mustered a majority of votes to clear the president of both charges -- by 52 to 48 on abuse of power and 53 to 47 on obstruction of Congress -- falling far short of the two-thirds supermajority required for conviction.

"Two thirds of the senators present not having found him guilty of the charges contained therein, it is therefore ordered and adjudged that the said Donald John Trump be, and he is hereby, acquitted," said Supreme Court chief justice John Roberts, who presided over the trial.

The months-long impeachment of the 45th US leader shone a harsh light on America's political divide, with Trump's core support base united behind him in rejecting it as a "hoax."

One Republican, senator Mitt Romney, a longtime Trump foe, risked White House wrath to vote alongside Democrats on the first count, saying Trump was "guilty of an appalling abuse of public trust." He voted not guilty on the second charge.

But the verdict was never truly in question since the House of Representatives formally impeached Trump in December, and has now cleared out a major hurdle for the president to fully plunge into his campaign for re-election in November.

Trump to speak Thursday

Responding to the verdict, Trump announced he would deliver a formal statement Thursday from the White House "to discuss our Country's VICTORY on the Impeachment Hoax!"

Shortly before, the president tweeted a montage depicting a fake cover of Time magazine declaring him president for all eternity.

The White House declared that Trump had obtained "full vindication and exoneration."

But Nancy Pelosi, the House Speaker and top Democrat in Congress, said that by clearing Trump, the Republicans had "normalized lawlessness."

"There can be no acquittal without a trial, and there is no trial without witnesses, documents and evidence," she said.

"Sadly, because of the Republican Senate's betrayal of the Constitution, the president remains an ongoing threat to American democracy, with his insistence that he is above the law and that he can corrupt the elections if he wants to."

Senate minority leader Chuck Schumer said the acquittal was "virtually valueless" since Republicans refused witnesses at his trial.

'Forever impeached'

The Democrats' intense 78-day House investigation faced public doubts and high-pressure stonewalling from the White House.

Concerned about the political risk for the party, Pelosi rejected a call early last year to impeach Trump on evidence compiled by then-special counsel Robert Mueller that he had obstructed the Russia election meddling investigation.

But her concerns melted after new allegations surfaced in August that Trump had pressured Ukraine for help for his 2020 campaign.

Though doubtful from the outset that they would win support from Republicans, an investigation amassed with surprising speed strong evidence to support the allegations.

The evidence showed that from early in 2019, Trump's private lawyer Rudy Giuliani and a close political ally, Ambassador to the European Union Gordon Sondland, were scheming to pressure Kiev to help smear Democrats, including Trump's potential 2020 rival Joe Biden, by opening investigations into them.

"We must say enough -- enough! He has betrayed our national security, and he will do so again," Adam Schiff, who led the House investigation, argued on the Senate floor this week.

"He has compromised our elections, and he will do so again," Schiff said.

'Colossal' mistake

In the trial, Trump's defence was not seen as having undermined the facts compiled by Schiff's probe, and several Republican senators acknowledged he did wrong.

But his lawyers and Senate defenders argued, essentially, that Trump's behaviour was not egregious enough for impeachment and removal.

And, pointing to the December House impeachment vote, starkly along party lines, they painted it as a political effort to "destroy the president" in an election year and insisted voters should be allowed to decide Trump's fate.

Senate majority leader Mitch McConnell said impeachment will benefit Republicans.

"Right now this is a political loser for them. They initiated it. They thought this was a great idea. At least for the short term, it has been a colossal political mistake."

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News Network
May 11,2020

May 11: Congress leader Rahul Gandhi on Monday said many states were amending labour laws, but the fight against the novel coronavirus pandemic cannot be an excuse to exploit workers, suppress their voice and crush their human rights.

Gandhi said there cannot be any compromise on the basic principles by allowing unsafe workplaces.

"Many states are amending labour laws. We are together fighting against corona, but this cannot be an excuse to crush human rights, allow unsafe workplaces, exploit workers and suppress their voice," he said.

"There cannot be any compromise on these basic principles," he added.

Congress leader Jairam Ramesh also said it would be dangerous and disastrous to loosen labour, land and environment laws in the name of economic revival and stimulus.

"In the name of economic revival and stimulus, it will be dangerous and disastrous to loosen labour, land and environmental laws and regulations as the Modi govt is planning.

"The first steps have already been taken. This is a quack remedy like demonetisation," Ramesh tweeted.

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