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
July 26,2020

New Delhi, Jul 26: Union Home Minister Amit Shah on Sunday saluted the valour and grit of the Indian soldiers on the occasion of 21st anniversary of the 'Kargil Vijay Diwas'.

Shah took to Twitter and said that 'Kargil Vijay Diwas' is a symbol of India's proud, valour and steadfast leadership.

"Kargil Vijay Diwas is a symbol of India's proud, valor and steadfast leadership. I bow to the soldiers who, with their indomitable courage, drove the enemy from the inaccessible hills of Kargil and waved the tricolor there again. The country is proud of the heroes of India, who are dedicated to protecting the motherland," Shah tweeted (translated from Hindi)
The country is celebrating the anniversary of the 'Kargil Vijay Diwas'.

The Indian armed forces had defeated Pakistan on July 26, 1999. Since then, the day is celebrated as 'Kargil Vijay Diwas' to rekindle the pride and valour of the soldiers who took part in Operation Vijay.

The day marks the victory of Indian soldiers in recapturing the mountain heights that were occupied by the Pakistani Army on July 26, 1999, known as the Kargil War. 

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News Network
March 13,2020

Mar 13: Canadian Prime Minister Justin Trudeau and his wife announced they were self-isolating Thursday as she undergoes tests for the new coronavirus after returning from a speaking engagement with "mild flu-like symptoms."

Sophie Gregoire-Trudeau's symptoms have subsided since she recently got back from Britain, but as a precaution the prime minister "will spend the day in briefings, phone calls and virtual meetings from home," according to a statement.

Trudeau also cancelled a meeting Thursday and Friday with Canada's provincial and territorial leaders in Ottawa, but still planned to speak with them and world leaders by phone about measures being taken to curb the spread of the virus in Canada.

Gregoire-Trudeau's symptoms had included "a low fever late last night." She immediately sought medical advice and testing.

Trudeau has exhibited no symptoms, and was advised by doctors "to continue daily activities while self-monitoring."

"However, out of an abundance of caution, the prime minister is opting to self-isolate and work from home until receiving Sophie's results," said his office.

Since the novel coronavirus first emerged in late December 2019, 127,070 cases have been recorded in 115 countries and territories, killing 4,687 people, according to an AFP tally compiled at 1200 GMT on Thursday based on official sources.

Canada has so far reported more than 100 cases in six provinces, and one death.

Also Thursday, the Canada's Juno music awards cancelled its upcoming gala show, planned for Sunday evening in Saskatoon, Saskatchewan.

"We are devastated to cancel this national celebration of music, but at this time of global uncertainty, the health, safety and well-being of all Canadians must stand at the forefront of any decisions that impact our communities," organisers said in a statement.

And in Quebec province, Premier Francois Legault unveiled a series of measures to prevent the spread of the coronavirus, including placing all travellers returning from overseas under quarantine for two weeks.

Quebec also banned indoor gatherings of more than 250 people.

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coastaldigest.com news network
June 17,2020

Prime Minister Narendra Modi, who had maintained silence on Chinese aggression and massacre of Indian in eastern Ladakh, now issued a statement saying ‘India wants peace’. He added that India is capable of giving a befitting reply if provoked. 

The prime minister started his meeting with chief ministers on the Covid-19 with a two-minute silence as a tribute to the 20 soldiers who were killed in action in Galwan Valley this week. As he spoke, it became clear that the message was aimed not just at reassuring the nation but also delivering a sharp message to Beijing.

“I would like to assure the nation that the sacrifice of our jawans will not be in vain. For us, the unity and sovereignty of the country is the most important,” PM Modi said. Home minister Amit Shah and defence minister Rajnath Singh were also present in the meeting.

Over twenty Indian soldiers were killed in the violent face-off which took place in Eastern Ladakh on Monday. The troops fought each other with fists and rocks. After the clash, the two sides “disengaged” from the area where the fighting happened, the Indian army statement said. A news agency quoting sources said four Indian soldiers are in critical condition after the face-off.

Defence minister Rajnath Singh mourned the death of 20 Indian soldiers. “The loss of soldiers in Galwan is deeply disturbing and painful. Our soldiers displayed exemplary courage and valour in the line of duty and sacrificed their lives in the highest traditions of the Indian Army,” he said in a statement.

“The Nation will never forget their bravery and sacrifice. My heart goes out to the families of the fallen soldiers. The nation stand shoulder to shoulder with them in this difficult hour. We are proud of the bravery and courage of India’s bravehearts,” the minister further said in the statement posted on Twitter.

These are the first Indian casualties in a border skirmish with PLA since October 1975 when Chinese troops ambushed an Indian patrol in Arunachal Pradesh’s Tulung La sector and shot four soldiers dead.

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