SC refuses to stay warrant of appointment of Indu Malhotra

Agencies
April 26, 2018

New Delhi, Apr 26: The Supreme Court on Thursday refused to stay the Presidential Warrant appointing senior woman lawyer Indu Malhotra as a judge of the apex court.

The top court termed the plea of advocates as "unimaginable, unthinkable, unconscionable and never heard before."

A bench of Chief Justice of India (CJI) Justice Dipak Misra took strong note of submission of senior advocate Indira Jaising that Indu be not sworn in as the apex court judge and the Centre be directed to recommend the name of Chief Justice of Uttarakhand High Court Justice K M Joseph as well.

"What kind of prayer is this," the bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said, adding that the Centre is "well within its right to send back the recommendation for reconsideration."

"Supposing the government is sending it for reconsideration, it will be seen. You are saying 'stay the warrant.' It is unthinkable, unconscionable, unimaginable and if I may add 'never heard before'," the CJI said.

Indira referred to the Centre's decision of segregating the name of Justice Joseph and Indu and said it cannot be done and either both names should have been recommended or rejected.

"Constitutional propriety demands that the warrant of appointment of Indu Malhotra be implemented," the bench said.

The top court said that it is surprising that a member of a Bar is being appointed as a judge and lawyers are mentioning at 2 pm for a stay on Warrant of Appointment.

Indira said that she is not pressing the prayer for a stay on the Warrant of Appointment and wants the larger issue of "cherry picking" of judges to be dealt by the court.

She urged the court to direct listing of the matter urgently and said, "We are worried about the independence of the judiciary."

The bench refused to list the matter urgently and said it will come in due course of time.

Over 100 Supreme Court Bar Association members had mentioned the plea alleging that the Centre was interfering with the administration and independence of the judiciary by selectively acting upon the Collegium's recommendation for appointment in the Supreme Court.

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News Network
May 20,2020

United Nations, May 20: Highlighting India's long-standing history of promoting inclusive and peaceful societies, a top UN official on Tuesday voiced concern over incidents of "increased hate speech and discrimination" against minority communities in the country following the adoption of the Citizenship Amendment Act.

Under-Secretary-General and UN Special Adviser on the Prevention of Genocide Adama Dieng, however, welcomed Prime Minister Narendra Modi’s call for unity and brotherhood in the wake of the COVID19 pandemic.

Dieng said in a note to the media on Tuesday that he is "concerned over reports of increased hate speech and discrimination against minority communities in India" since the adoption of the Citizenship Amendment Act (CAA) in December 2019.

The Indian government has maintained that the CAA is an internal matter of the country and stressed that the goal is to protect the oppressed minorities of neighbouring countries.

The CAA, which was notified on January 10, grants Indian citizenship to non-Muslim minorities migrated to India from Afghanistan, Pakistan and Bangladesh till December 31, 2014, following persecution over their faith.

"While the objective of the act, to provide protection to minority communities is commendable, it is concerning that this protection is not extended to all groups, including Muslims. This is contrary to India’s obligations under international human rights law, in particular on non-discrimination,” Dieng said.

The Special Adviser recognised "India’s long standing and well recognised history of promoting inclusive and peaceful societies, with respect for equality and principles of non-discrimination.”

He also welcomed recent statements by Prime Minister Modi that the COVID-19 pandemic “does not see race, religion, colour, caste, creed, language or border before striking and that our response and conduct...should attach primacy to unity and brotherhood.”

Dieng encouraged the Government of India to "continue to abide by this guidance by ensuring that national laws and policies follow international standards related to non-discrimination and to address and counter the rise of hate speech through messages of inclusion, respect for diversity and unity.”

He further reiterated that he would continue to follow developments and expressed his readiness to support initiatives to counter and address hate speech.

The hate speech and the dehumanisation of others goes against international human rights norms and values, he added.

“In these extraordinary times brought about by the COVID-19 crisis it is more important than ever that we stand united as one humanity, demonstrating unity and solidarity rather than division and hate,” he said.

Dieng also expressed concern over reports of violence during demonstrations against CAA in some regions of India.

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News Network
March 11,2020

Jaipur, Mar 11: A 85-year-old man in Jaipur, who had returned from Dubai on February 28, has tested positive for coronavirus, a state government official said on Wednesday.

He was found presumptive positive in the first test on Tuesday and hence, a second test was conducted with fresh samples, the reports of which arrived late Tuesday night, Additional Chief Secretary, Medical and Health, Rohit Kumar Singh, said.

“The man who travelled to Dubai has been tested positive for coronavirus. It has been confirmed now,” Singh said.

“We have also got the manifest of the Spicejet flight he took from Dubai to Jaipur and are doing due diligence on that,” the official said, adding that intense contact tracing was underway.

The man has been kept in isolation at the SMS Hospital here.

“The man came to the hospital on Monday with symptoms of the virus. After the first test, his wife and son too have been kept in isolation at the hospital. The two, however, do not have coronavirus affliction symptoms,” Singh said.

A total of 235 people who came in contact with the octogenarian and his family have already been traced and are being monitored, he said.

Other contacts are also being traced, Singh added.

An Italian couple, who tested positive for COVID-19 last week, are also admitted in the hospital but their condition is improving, he said.

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News Network
January 30,2020

Mumbai, Jan 30: The Uttar Pradesh Special Task Force (STF) has arrested Dr Kafeel Khan from Mumbai airport for allegedly making inflammatory statements at AMU during protests against the Citizenship Amendments Act (CAA) last month, officials said.

Khan was arrested on Wednesday night with assistance from Mumbai Police at the airport when he arrived in the city to attend anti-CAA protests, an official said.

"Officials of the UP STF arrested Dr Kafeel Khan in a case which was registered at Civil Lines Police Station under section 153 A (promoting enmity between different groups) of IPC. Our police team helped our UP counterparts on their request," said an official from Mumbai Police.

He claimed that Khan had made inflammatory statements on December 12 last year during the protest near Bab e Syed Gate outside the Aligarh Muslim University in front of more than 600 students.

The official also alleged that the Gorakhpur doctor had made objectionable comments against Union Home Minister Amit Shah.

The FIR against Khan mentions that Swaraj India's president Yogendra Yadav was also present during the speech at AMU.

Following the arrest in the case, Khan was taken to the Sahar Police Station and after completing formalities he will be taken to UP on transit remand, the official said.

Khan, a paediatrician, had come to the limelight in 2017 when a controversy broke out after the death of over 60 children in less than a week at the BRD Medical College in Gorakhpur, UP.

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