Supreme Court verdict on death sentence commutation patently illegal: Centre

March 1, 2014
New Delhi, Mar 1: The Centre today moved the Supreme Court seeking review of its verdict holding that undue delay by the government in deciding mercy plea can be a ground to commute death sentence of a condemned prisoner.

The Centre submitted that the January 21 judgement, by which 15 condemned prisoners were granted life and paved the way for similar relief for Rajiv Gandhi killers, is "patently illegal, suffers from errors apparent".Rajiv_Gandhi

It said such an important issue should have been heard by a Constitution bench and the judgement passed by a three-judge bench was without "jurisdiction".

"It is respectfully submitted that the impugned judgement is patently illegal, suffers from errors apparent on the face of the record and flies in the face of well-established principles of law laid down by this Court and contained in the Constitution and other statutes," the review petition said.

"It is submitted that in the present case, the issue raised was that of the commutation of the death sentence to life imprisonment on the ground of delay, which allegedly attracted Article 21 (right to life) in favour of the convicts.

"Therefore, it involved a substantial issue of interpretation of the Constitution and ought to have been heard by a bench of five Judges, as mandated under Article 145 of the Constitution," it said.

Referring to an earlier apex court order in which it was said that nature of crime to be considered while commuting death sentence of a convict, the government said previous verdict "observed that there is a distinction between offences such as TADA and other offences".

"Thus, there is an error apparent on the face of the record, and the impugned judgement merits a review," it said.

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Agencies
April 14,2020

Kochi, Apr 14: Reacting to the extension of the nationwide lockdown till May 3, Kerala Finance Minister Thomas Issac on Tuesday maintained that his state needs money more than appreciation for the work it has done to mitigate the impact of the lockdown and contain coronavirus spread.

"The only additional money that Kerala received is mere Rs 230 crore and that too for Covid-19 work. The funds we received to tide over revenue deficit is different -- we would have got it anyways," said Issac, who has been demanding more liberal financial assistance from the Centre.

"The need of the hour now is for the Centre to immediately hold a videoconference meeting with all state Finance Ministers. The Centre should borrow more money from the RBI and give it to the states. Otherise, things will be very bad, as the economy, especially rural economy, is tumbling. It needs to be checked," said the Kerala Minister.

Devasom and Tourism Minister Kadakampally Surendran said the state Cabinet will meet on Wednesday to decide how to go about things till May 3.

"The coronavirus figures reveal that Kerala has done quite well. The Cabinet will decide on how we move forward after looking into the guidelines of the Centre," said Surendran.

Local Self Government Minister A.C. Moideen said that local farm produce has to reach markets as rural economy revolves around this. The Cabinet will look into this issue as well.

Health Minister K.K. Shailaja stressed the need for maintaining social distancing and asked all to see that the lockdown guidelines were strictly followed.

"Our advantage is that we have been able to contain the spread, but we still have a long way to go. Singapore is the best example -- after a slowdown in positive cases, it picked up there. So, let us all continue to maintain strict vigil and wait till Wednesday's Cabinet meet," said Shailaja.

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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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Agencies
June 4,2020

New Delhi, Jan 4: The Supreme Court on Thursday extended till June 12 its earlier order of May 15 asking the government not to take any coercive action against companies and employers for violation of Centre's March 29 circular for payment of full wages to employees for the lockdown period.

A bench of Justices Ashok Bhushan, S K Kaul and M R Shah reserved the verdict on a batch of petitions filed by various companies challenging the circular of the Ministry of Home Affairs issued on March 29 asking the employers to pay full wages to the employees during the nationwide lockdown due to the coronavirus pandemic.

In the proceedings conducted through video conferencing, the top court said there was a concern that workmen should not be left without pay, but there may be a situation where the industry may not have money to pay and hence, the balancing has to be done.

Meanwhile, the apex court asked the parties to file their written submissions in support of their claims.

The top court on May 15 had asked the government not to take any coercive action against the companies and employers who are unable to pay full wages to their employees during the nationwide lockdown due to the coronavirus pandemic.

The Centre also filed an affidavit justifying its March 29 direction saying that the employers claiming incapacity in paying salaries must be directed to furnish their audited balance sheets and accounts in the court.

The government has said that the March 29 directive was a "temporary measure to mitigate the financial hardship" of employees and workers, specially contractual and casual, during the lockdown period and the directions have been revoked by the authority with effect from May 18.

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