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
March 25,2020

New Delhi, Mar 25: The total number of confirmed coronavirus cases in India rose to 562, according to the Ministry of Health and Family Welfare on Wednesday.
This includes 512 active cases, while 40 infected people have already been cured or discharged.
The Union Health Ministry said that total deaths due to the disease now stand at 9, as the second death reported in Delhi is COVID-19 negative. One patient has also migrated due to the infection.
The Central government has taken several steps to contain the rapid spread of the virus including the screening 15,24,266 passengers at the airports.
Prime Minister Narendra Modi had on Tuesday announced a 21-day lockdown in the entire country effective from midnight to deal with the spread of coronavirus, saying that "social distancing" is the only option to deal with the disease, which spreads rapidly.
In a televised address to the nation, Prime Minister Modi said that it is vital to break the chain of the disease and experts have said that at least 21 days are needed for it.
The Prime Minister, who had also addressed the nation last week, said the lockdown has drawn a "Lakshman Rekha" in every home and people should stay indoors for their own protection and for that of their families. 

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News Network
March 20,2020

New Delhi, Mar 20: The four men convicted of the gang rape and murder of a Delhi woman on December 16, 2012 were hanged in the darkness of pre-dawn on Friday, ending a horrific chapter in India's long history of sexual assault that had seared the nation's soul. Mukesh Singh (32), Pawan Gupta (25), Vinay Sharma (26) and Akshay Kumar Singh (31) were executed at 5.30 am for the savage assault in an empty moving bus on the 23-year-old physiotherapy intern who came to be known the world over as Nirbhaya, the fearless one.

This is the first time that four men have been hanged together in Tihar Jail, South Asia's largest prison complex that houses more than 16,000 inmates. The executions were carried out after the men exhausted every possible legal avenue to escape the gallows. Their desperate attempts only postponed the inevitable by less than two months after the first date of execution was set for January 22.

They were hanged at 5.30 am, Director General of Prison Sandeep Goel said.

After raping and brutalising the woman, the men, one of whom was a juvenile at the time, dumped her on the road and left for dead on the cold winter night. Her friend who was with her was also severely beaten and thrown out along with her. She was so severely violated that her insides were spilling out when she was taken to hospital. She died in a Singapore hospital after battling for her life for a fortnight.

Six people, including the four convicts and the juvenile, were named as accused.

While Ram Singh allegedly committed suicide in the Tihar Jail days after the trial began in the case, the juvenile was released in 2015 after spending three years in a correctional home.

The road to the gallows was a long and circuitous one, going through the lower courts, the High Court, the Supreme Court and the president's office before going back to the Supreme Court that heard and rejected various curative petitions.

The death warrants were deferred by a court thrice on the grounds that the convicts had not exhausted all their legal remedies and that the mercy petition of one or the other was before the president.

On March 5, a trial court issued fresh death warrants for March 20 at 5.30 am as the final date for the execution.

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Agencies
July 30,2020

Kochi, Jul 30: The Kerala High Court on Thursday refused to grant the extension for the stay of a 74-year-old US citizen, Johnny Paul Pierce, who had earlier said that he felt safer to remain in India than in the United States amid the COVID-19 pandemic.

The single-judge bench of Justice CS Dias, which considered the writ petition, observed that the grant or extension of visa to foreign nationals fall exclusively within the domain of the Government of India (GoI) and that judicial review in such matters is minimal.

The power of the GoI to expel foreigners is absolute and unlimited, the bench said.

"In view of the categoric declaration of law by the Supreme Court, the plea of the petitioner to permit him to stay back in India cannot be accepted, as it falls within the purview of the guidelines and the discretion of the Government of India," the order said.

"The petitioner cannot be heard that the guidelines/policies/regulations formulated by the Government of India, that an American national though has been granted a visa having validity of five years has to leave India within 180 days, is irrational or unreasonable," it added.

The High Court, which was hearing a plea to permit the US citizen to stay in India for a further period of six months, said that the petitioner does not have a case that there is an infraction of Article 21 of the Constitution of India.

"The petitioner was well aware of the visa conditions when he arrived in India, and it is too late in the day for him to raise a grievance on the visa conditions," the bench said noting that the petitioner's love for India was heartening.

The High Court also directed the Foreigners Registration Officer to consider the petitioner's representation within a period of two weeks in accordance with the applicable guidelines and policies.

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