SC sets up five-judge Constitution Bench to hear eight crucial cases: Aadhaar, Section 377 hearings tomorrow

Agencies
January 16, 2018

Amid the ongoing rift between the Chief Justice of India Dipak Misra and four senior-most judges over the assignment of important cases, the Supreme Court on Monday announced the composition of a five-judge Constitution Bench headed by the CJI.

This bench will hear eight crucial cases on Wednesday, including Aadhaar, the validity of Section 377 of Indian Penal Code which criminalises homosexuality, the validity of adultery law under the IPC, entry of women into Kerala's Sabarimala temple and other cases.

None of the four judges who spoke out against the CJI — justices J Chelameswar, Ranjan Gogoi, MB Lokur and Kurian Joseph — feature on the Constitution Bench.

According to news agency, the five-judge bench, comprising CJI Misra, Justice AK Sikri, Justice AM Khanwilkar, Justice DY Chandrachud and Justice Ashok Bhushan, will commence the hearing on a range of crucial matters from 17 January.

Aadhaar-privacy row

The Aadhaar case will take a look at the legality of the Aadhaar(Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act which was enacted in 2016.

The bench would sit at 2 pm on Wednesday to take up the interlocutory applications seeking interim relief against the Centre's decision on linking of Aadhaar with various schemes.

The Centre had on 7 December told the apex court that the deadline for mandatory linking of Aadhaar to avail various services and welfare schemes would be extended until 31 March next year.

On 27 November, the apex court had said it may consider setting up a Constitution Bench to hear pleas challenging the Centre's move to make Aadhaar card mandatory for availing various services and benefits of welfare schemes.

It had on 30 October said a Constitution Bench would commence hearing on the clutch of petitions against the Aadhaar scheme from the last week of November.

Back in August, a nine-judge bench of the apex court had held that Right to Privacy was a Fundamental Right under the Constitution. Several petitioners challenging the validity of Aadhaar had claimed it violated privacy rights.

Validity of Section 377

Alongside the crucial hearing on the Aadhaar-privacy issue, the bench will also hear a plea seeking decriminalisation of gay sex between consenting adults.

A bench comprising CJI Misra and justices Khanwilkar and Chandrachud had on 8 January said that the issue arising out of Section 377 of the Indian Penal Code (IPC) required to be debated upon by a larger bench.

Section 377 of the IPC refers to "unnatural offences" and says whoever voluntarily has intercourse "against the order of nature" with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine.

The bench was hearing a fresh plea filed by Navtej Singh Johar, seeking that Section 377 be declared as unconstitutional to the extent that it provides for the prosecution of adults for indulging in consensual gay sex.

The same combination of judges had last year heard various Constitution Bench matters from 10 October, including the power tussle between the Centre and the Delhi government over administrative jurisdiction and a matter relating to passive euthanasia.

In their unprecedented press conference on Friday, the four senior judges of the apex court had mounted a virtual revolt against the CJI, listing a litany of problems, including assignment of cases. They had also raised questions over the listing of PILs concerning Loya's death.

An office bearer of the Supreme Court Bar Association (SCBA) said a copy of their resolution was submitted by its president Vikas Singh to the CJI on Sunday, but have not heard anything from the top court as yet.

Meanwhile, court sources said it was not confirmed whether the CJI met the four judges on Monday, who had hurled accusations against him at their controversial press conference on 12 January.

Singh had expressed hope that all judges of the apex court would consider the SCBA resolution seeking a full-court discussion to defuse the crisis plaguing the higher judiciary.

The SCBA, at an emergency meeting on Sunday, had passed the resolution expressing grave concern over the differences of four senior-most judges with the CJI.

It had said that all public interest litigation (PIL) matters, including the pending PILs, should be either taken up by the CJI or be assigned for adjudication to four senior judges who are part of the apex court collegium.

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News Network
April 17,2020

The coronavirus pandemic has sickened more than 2,425,000 people, according to official counts. So far at least 164,000 people have died, and the virus has been detected in at least 177 countries, as the following table shows.

United States 

780,330

37,782

Spain

200,210

20,852

Italy 

181,228

24,114

Germany

141,672

4,404

U.K.

124,743

16,509

France

114,657

20,265

Turkey

90,980

2,140

Mainland China

88,466

4,632

Iran

83,505

5,209

Russia

47,121

405

Brazil

40,743

2,587

Belgium

39,983

5,828

Canada

36,823

1,690

Netherlands

33,405

3,751

Switzerland

27,944

1,142

Portugal

20,863

735

India

18,539

592

Peru

16,325

445

Ireland

15,652

687

Austria

14,795

470

Sweden

14,777

1,580

Israel

13,713

177

Japan

10,915

168

South Korea

10,674

236

Chile

10,507

139

Saudi Arabia

10,484

103

Ecuador

10,128

507

Poland

9,593

380

Romania

8,936

478

Mexico

8,772

712

Pakistan

8,418

176

Singapore

8,014

11

Denmark

7,515

364

U.A.E.

7,265

43

Norway

7,156

181

Czech Republic

6,900

194

Indonesia

6,760

590

Serbia

6,630

125

Australia

6,625

71

Philippines

6,459

428

Belarus

6,264

51

Qatar

6,015

9

Ukraine

5,710

151

Malaysia

5,425

89

Dominican Rep.

4,964

235

Panama

4,467

126

Colombia

3,977

189

Finland

3,868

98

Luxembourg

3,558

75

Egypt

3,333

250

South Africa

3,300

58

Morocco

3,046

143

Bangladesh

2,948

101

Argentina

2,941

136

Thailand

2,792

47

Algeria

2,718

384

Moldova

2,548

70

Greece

2,245

116

Kuwait

1,995

9

Hungary

1,984

199

Bahrain

1,907

7

Croatia

1,881

47

Kazakhstan

1,852

19

Iceland

1,773

10

Uzbekistan

1,627

5

Iraq

1,574

82

Estonia

1,535

40

New Zealand

1,440

12

Azerbaijan

1,436

19

Oman

1,410

7

Armenia

1,339

22

Slovenia

1,335

77

Lithuania

1,326

37

Bosnia and Herzegovina

1,309

49

North Macedonia

1,225

54

Slovakia

1,173

13

Cameroon

1,163

42

Cuba

1,087

36

Ghana

1,042

9

Afghanistan

1,026

36

Hong Kong

1,025

4

Bulgaria

929

43

Tunisia

884

38

Ivory Coast

847

9

Djibouti

846

2

Cyprus

772

12

Latvia

739

5

Andorra

717

37

Lebanon

677

21

Nigeria

665

22

Costa Rica

662

6

Niger

648

20

Guinea

622

5

Albania

584

26

Burkina Faso

581

38

Kyrgyzstan

568

7

Bolivia

564

33

Uruguay

535

10

Kosovo

510

12

Channel Islands

488

24

Honduras

477

46

San Marino

462

39

West Bank & Gaza

449

3

Malta

431

3

Jordan

425

7

Taiwan

422

6

Georgia

402

4

Senegal

377

5

Congo

332

25

Mauritius

328

9

Montenegro

312

5

Sri Lanka

304

7

Isle of Man

300

9

Guatemala

289

7

Kenya

281

14

Vietnam

268

Venezuela

256

9

Tanzania

254

10

Mali

246

14

Somalia

237

8

Jamaica

223

5

El Salvador

218

7

Paraguay

208

8

Faroe Islands

185

Republic of the Congo

160

6

Rwanda

147

Brunei

138

1

Gibraltar

132

Cambodia

122

Madagascar

121

Gabon

120

1

Myanmar

119

5

Trinidad and Tobago

114

8

Ethiopia

111

3

Sudan

107

12

Liberia

99

8

Aruba

97

2

Monaco

94

3

Bermuda

86

5

Togo

84

6

Liechtenstein

81

1

Equatorial Guinea

79

Barbados

75

5

Maldives

69

Cape Verde

67

1

Sint Maarten

67

10

Cayman Islands

66

1

Guyana

65

7

Zambia

65

3

Bahamas

60

9

Haiti

57

3

Uganda

56

Benin

54

1

Libya

51

1

Guinea-Bissau

50

Macau

45

Sierra Leone

43

Eritrea

39

Mozambique

39

Syria

39

3

Chad

33

Mongolia

33

Nepal

31

Zimbabwe

25

3

Angola

24

2

Eswatini

24

1

Antigua and Barbuda

23

3

Timor-Leste

22

Botswana

20

1

Laos

19

Belize

18

2

Fiji

18

Malawi

17

2

Dominica

16

Namibia

16

Saint Kitts and Nevis

15

Saint Lucia

15

Curaçao

14

1

Grenada

14

Central African Republic

12

Saint Vincent and the Grenadines

12

Falkland Islands

11

Greenland

11

Montserrat

11

Seychelles

11

Turks and Caicos Islands

11

1

Gambia

10

1

Nicaragua

10

2

Suriname

10

1

Vatican City

9

Mauritania

7

1

Papua New Guinea

7

Western Sahara

6

Bhutan

5

British Virgin Islands

5

1

Burundi

5

1

South Sudan

4

São Tomé and Príncipe

4

Anguilla

3

Yemen

1

 

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News Network
June 26,2020

New Delhi, Jun 26: "Iam Indira Gandhi's granddaughter, not an undeclared BJP spokesperson like some of the opposition leaders," Congress general secretary Priyanka Gandhi Vadra on Friday said, as she alleged that the Uttar Pradesh government is threatening her through various departments for speaking the truth. Priyanka Gandhi's dare to the Uttar Pradesh government came days after the Agra administration asked her to withdraw within 24 hours the claim of high coronavirus deaths in the district.

The Congress general secretary in-charge UP East has accused the Yogi Adityanath government of indulging in propaganda instead of dealing with the pandemic. "As a public servant, my duty is towards the people of Uttar Pradesh. And this duty is to put out the truth before them and not to put forth government propaganda. The UP government is wasting its time by threatening me through its various departments," Priyanka Gandhi said in a tweet in Hindi.

"They can take whatever action they want, I will keep putting forth the truth. I am Indira Gandhi's granddaughter not an undeclared BJP spokesperson like some of the opposition leaders," she said. This week, Priyanka Gandhi repeatedly attacked the Uttar Pradesh government over the "high" COVID-19 mortality rate in Agra and on other issues related to the state government's handling of the pandemic.

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News Network
June 12,2020

Jun 12: There have been complaints of non-availability of beds or denial of treatment to coronavirus patients in the national capital despite nearly 70 per cent of beds in five designated hospitals run by the Delhi government lying vacant, with experts attributing it to people''s aversion towards state-run facilities.

As per the latest information shared on the Delhi Corona app on Thursday afternoon, more than 3,000 beds are lying vacant in these five dedicated COVID-19 hospitals that have a total capacity of 4,344 beds.

However, almost all beds at several big private hospitals are shown to be occupied.

Families of many COVID-19 patients, confirmed or suspected, have alleged in the past few weeks that they have been denied admission at many facilities or have not been able to get a bed for their kin.

Medical and public health experts feel it may be because of the image associated with government hospitals, related to infrastructure and hygiene conditions, and perhaps shortage of staff.

According to the latest data available on Delhi Corona app on Thursday afternoon, a total of 9,444 beds are available in private facilities and hospitals run by the central and Delhi governments. Out of these, 4,371 are vacant.

The app shows that beds are available at Delhi government-run hospitals dedicated for COVID-19 treatment such as LNJP Hospital (1,219), GTB Hospital (1,314), Rajiv Gandhi Super Speciality Hospital or RGSSH (242).

However, almost all beds at several big private hospitals are shown to be occupied.

At LNJP Hospital, there are a total of 2,000 beds, out of these 781 are occupied. GTB Hospital has total 1,500 beds, only 186 of which are occupied. Even at RGSSH, 258 of the 500 beds are occupied.

Beds are available at other dedicated COVID-19 facilities in the national capital too, according to the app. Deep Chand Bandhu Hospital has 94 unoccupied beds out of a total 176 and Satyawadi Raja Harishchandra Hospital has 145 vacant beds out of a total 168.

This makes a total of 4,344 COVID-19 beds at these five dedicated Delhi government hospitals, out of which 3,014 or 69.38 per cent are vacant.

A senior doctor at the RGSSH said, "We are only admitting very serious COVID-19 patients in the hospital. Those with mild symptoms, or asymptomatic ones, are either being home quarantined or being sent to COVID Care Centres. Our beds are on stand-by also to accommodate serious patients in case there is a sudden rush."

Delhi Heath Minster Satyendar Jain had recently said that some private hospitals could have been denying admission, but the Delhi government-run hospitals have not denied beds to any needy COVID-19 patient.

He had also said that main private hospitals are almost full to their capacity in terms of number of COVID-19 beds.

According to the app, at prominent private hospitals like Indraprastha Apollo, Max Hospital in Shalimar Bagh, Fortis Hospital in Shalimar Bagh, BL Kapur Hospital are fully occupied.

Max Hospital in Saket has a total of 200 beds for COVID-19 patients, and only one is vacant.

On June 9, the Delhi government had directed 22 private hospitals in the national capital to dedicate a total of 2,015 extra beds for treatment of coronavirus patients, revising its earlier allocation limit of 20 per cent.

Lawyer and public heath activist Ashok Agarwal said infrastructure and hygiene are two main factors, and people still want to "avoid government facilities".

"I know of cases, where people were willing to be on waiting list of private hospitals but did not go to a government hospital, even though beds were available," he said.

Even those who went to a government hospital for COVID-19 treatment, complained of "dirty toilets, and these being used by multiple patients", Agarwal said.

"Also, as the cases erupted successively over the months, many people got scared and were in two minds to go to a government hospital, as admitted patients were making allegations in videos and on social media about lack of proper services. Besides, there is shortage of medical staff at various facilities, and each patient needs to be attended to," he argued.

Delhi government hospitals and private facilities were directed to prominently display information about the availability of beds on a flex board at their main gates.

Delhi Lt Governor Anil Baijal on Wednesday ordered Delhi hospitals to display the availability of COVID and non-COVID beds, charges for rooms or beds along with contact details on a LED board outside the hospital.

Max Hospital sources said they were already displaying the status of beds on LED screens near their reception area even before the government order.

A spokesperson from Fortis Hospital said, "We are in the process of arranging to put up the displays as per the prescribed format."

Delhi recorded 1,501 fresh coronavirus cases on Wednesday, taking the COVID-19 tally in the city to over 32,000, and the death toll due to the disease mounted to 984, authorities said.

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