SC refuses to relax ban on crackers in NCR, rejects traders' plea

Agencies
October 13, 2017

New Delhi, Oct 13: The Supreme Court today refused to relax the ban on the sale of firecrackers in Delhi and the national capital region till October 31.

The apex court dismissed the plea of firecracker traders who had sought relaxation in the October 9 ban order and sought permission to sell crackers for at least a day or two before Diwali on October 19.

The top court also expressed pain over certain people trying to give its order a political colour, after advocate Prashant Bhushan, appearing for one of the parties, referred to certain statements made by some political leaders.

A bench of Justices A K Sikri and Ashok Bhushan said that relaxing the ban order "would be against the very spirit" of the verdict passed by the top court.

The bench also said that people would burst firecrackers which they have purchased before the October 9 order.

"We are not going to relax the order as far as sale of firecrackers is concerned," the bench said and directed the Delhi Police to implement the order.

"Sale of firecrackers which has already taken place before the ban order. People will burst it and that will be sufficient. Anyhow, it is not going to be a cracker-free Diwali," the court said.

At the outset, senior advocate Mukul Rohatgi, appearing for the firecracker traders, suggested to the bench that the sale of crackers should be allowed at least a day or two before Diwali.

He also suggested that the court could restrict the time for bursting firecrackers or its sale.

The traders had on October 11 said their licences were revived in pursuance of the court's order passed on September 12 and they had procured firecrackers for sale during Diwali.

They had told the top court that a huge amount of money has been invested by them after their licences were revived and the latest order would cause massive loss to them.

The apex court, while banning the sale of firecrackers till October 31, had said its September 12 order temporarily lifting the stay and permitting sale of firecrackers, would be made effective only from November one.

It had said its November 11, 2016 order suspending the licences "should be given one chance to test itself" to see if there is a positive effect of this, particularly during Diwali.

Comments

jay
 - 
Tuesday, 17 Oct 2017

The destruction of the environment is not only limited to Deepavali. Think about many other celebrations. During Dussehra and Ganesh Puja, loudspeakers blare from morning to night. Large-scale disturbance and noise take place. Can’t we reduce this? The number of idols we immerse in water – don’t they cause pollution in the water bodies? We followed untouchability and Sati for years, but eventually banned them. Any rituals or traditions hurting any individual’s or group’s sentiments or affecting the environment should be stopped or limited. We must think of innovative ideas which will reduce the use of crackers.

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News Network
June 10,2020

New Delhi, Jun 10: Delhi recorded 1,366 fresh cases of COVID-19 on Tuesday, taking the tally to 31,309, while the death toll mounted to 905, authorities said on Wednesday.

According to a health bulletin issued by the Delhi government's health department, there are 18,543 active cases, while 11,861 patients have either recovered, been discharged or migrated.

No health bulletin was issued on Tuesday.

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News Network
January 31,2020

New Delhi, Jan 31: The Supreme Court Friday dismissed the plea filed by one of the four death row convicts in the Nirbhaya gang-rape and murder case, Pawan Gupta, seeking review of its order rejecting his juvenility claim.

The review plea filed earlier in the day was taken up for consideration in-chamber by a bench comprising Justices R Banumathi, Ashok Bhushan and A S Bopanna. 

On January 20, the apex court had rejected the plea by Pawan who had challenged the Delhi High Court's order dismissing his juvenility claim.

Advocate A P Singh, who is representing Pawan in the case, said he filed a petition on his behalf seeking review of the top court's January 20 order on Friday.

While dismissing the plea, the top court had said there was no ground to interfere with the high court order that rejected Pawan's plea and his claim was rightly rejected by the trial court as also the high court.

It had said the matter was raised earlier in the review petition before the apex court which rejected plea of juvenility taken by Pawan and another co-accused Vinay Kumar Sharma and that order has attained finality.

Singh had argued that as per his school leaving certificate, he was a minor at the time of the offence and none of the courts, including trial court and high court, ever considered his documents.

Solicitor General Tushar Mehta, appearing for the Delhi Police, had said Pawan's claim of juvenility was considered at each and every judicial forum and it will be a travesty of justice if the convict is allowed to raise the claim of juvenility repeatedly and at this point of time.

The trial court on January 17 issued black warrants for the second time for the execution of all the four convicts in the case -- Mukesh Kumar Singh (32), Pawan (25), Vinay (26) and Akshay (31) -- in Tihar jail at 6 am on February 1. Earlier, on January 7, the court had fixed January 22 as the hanging date.

As of now, only Mukesh has exhausted all his legal remedies including the clemency plea which was dismissed by President Ram Nath Kovind on January 17 and the appeal against the rejection was thrown out by the Supreme Court on January 29.

Convict Akshay's curative petition was dismissed by the top court on January 30. Another death row convict Vinay moved mercy plea before President on January 29, which is pending.

Singh has also approached the trial court seeking stay on the execution scheduled on February 1, saying the legal remedies of some of the convicts are yet to be availed.

A 23-year-old paramedic student, referred to as Nirbhaya, was gang-raped and brutally assaulted on the intervening night of December 16-17, 2012, in a moving bus in south Delhi by six people before she was thrown out on the road.

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News Network
April 23,2020

New Delhi, Apr 23: Congress president Sonia Gandhi on Thursday accused the BJP of spreading the virus of communal prejudice and hatred in the country, asserting that "grave damage" is being done to social harmony

Addressing a meeting of the Congress Working Committee, Gandhi said it should worry every Indian and her party will have to work hard to repair this damage.

"Let me also share with you something that should worry each and every one of us as Indians. When we should be tackling the coronavirus unitedly, the BJP continues to spread the virus of communal prejudice and hatred," she said.

"Grave damage is being done to our social harmony. Our party, we will have to work hard to repair that damage," the Congress president added

Former prime minister Manmohan Singh, former Congress president Rahul Gandhi and top Congress leaders attended the meeting through video conference

This is the second time the CWC, the Congress' top decision-making body, is meeting through video-conferencing in the past three weeks ever since the lockdown was enforced to contain the coronavirus threat.

The Congress president said the coronavirus pandemic has increased disturbingly in the past three weeks and called upon the government to increase testing for it

Gandhi said she has written several times to the prime minister since the lockdown was enforced and suggested several measures and constructive cooperation

"Unfortunately, they have been acted upon only partially and in a miserly way. The compassion, large-heartedness and alacrity that should be forthcoming from the central government is conspicuous by its absence," she said

The Congress chief said the focus of the party must continue to be on successfully engaging with health, food security and livelihood issues.

She claimed that around 12 crore people have lost jobs in the first phase of the lockdown and urged the government to provide a relief package for the MSME sector, which accounts for one-third of the GDP

Gandhi called upon the government to provide food and financial security to migrants and jobless stranded at various places and were desperate to reach back home

"We have repeatedly urged PM there is no alternative to testing, tracing and quarantine. Unfortunately, testing still remains low, testing kits still in short supply," she noted

Gandhi said trade, commerce and industry have come to a virtual halt and crores of livelihoods have been destroyed.

"The central government does not appear to have a clear idea on how the situation will be managed after May 3rd. A lockdown of the present nature after that date would be even more devastating," she said

Former prime minister Manmohan said the success of the lockdown will be judged finally on India's ability to tackle COVID-19

He also said the cooperation between the Centre and states was key to success of the country's fight against coronavirus

Singh said it is necessary to focus on a number of issues in the fight against coronavirus

The fight against COVID-19 would very much depend upon the availability of resources, he noted

Rajasthan chief minister Ashok Gehlot said unless the central government comes forward to financially help states, the fight against COVID-19 will get weakened

"Unless there is a big financial package for states, how will normalcy return to states post lockdown," he asked

Chhattisgarh chief minister Bhupesh Baghel said unless the Centre rises to the occasion and provides financial assistance to states, how will the fight against COVID-19 be won

Puducherry chief minister V Narayanasamy said the Union government has not given any assistance to the states

"How will states survive in times of crisis. We are not enemies but have to act and work together," Narayanasamy said at the CWC meet.

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