Article 370 that gives special status to J&K is not a temporary provision: Supreme Court

Agencies
April 4, 2018

New Delhi, Apr 4: The Supreme Court has said that Article 370 of the Constitution, which gives special status to Jammu and Kashmir, is not a temporary provision.

The apex court said that in its earlier verdict of 2017 in the SARFESI case, it has been already held that Article 370 was "not a temporary provision".

"The issue concerned is covered by the judgement of this court in the 2017 SARFAESI matter, where we have held that despite the headnote of Article 370, it is not a temporary provision," a bench of justices AK Goel and RF Nariman said.

During the hearing, Additional Solicitor General Tushar Mehta appearing for the Centre said that the matter be heard after some time as similar matters are pending before the court and are to be listed shortly.

Senior advocate Rajeev Dhavan and advocate Shoeb Alam appearing for the Jammu and Kashmir government clarified that other matters which are pending before the apex court relates to Article 35 A of the Constitution and not Article 370 as submitted by the ASG.

Dhavan said that those matters cannot be heard along with the present case, which only deals with Article 370.

The bench then adjourned the matter for hearing by three weeks on the insistence of the ASG.

The top court was hearing an appeal filed by petitioner Kumari Vijayalakshmi Jha, against the Delhi High Court's April 11, 2017 order dismissing the plea seeking a declaration that Article 370 is temporary in nature.

The petitioner had claimed before the high court that Article 370 was a temporary provision that had lapsed with the dissolution of the Constituent Assembly in 1957.

The petition had said that the continuance of the temporary provision of Article 370 even after dissolution of Constituent Assembly of J&K, and that of J&K Constitution which has never got the assent of the President of India or Parliament or the government of India, "amounts to fraud on the basic structure of our Constitution".

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Agencies
June 29,2020

Tehran, Jun 29: Iran has issued an arrest warrant and asked Interpol for help in detaining President Donald Trump and dozens of others it believes carried out the drone strike that killed a top Iranian general in Baghdad, a local prosecutor reportedly said Monday.

While Trump faces no danger of arrest, the charges underscore the heightened tensions between Iran and the United States since Trump unilaterally withdrew America from Tehran’s nuclear deal with world powers.

Tehran prosecutor Ali Alqasimehr said Trump and more than 30 others whom Iran accuses of involvement in the Jan. 3 strike that killed Gen. Qassem Soleimani in Baghdad face “murder and terrorism charges,” the semiofficial ISNA news agency reported.

Alqasimehr did not identify anyone else sought other than Trump, but stressed that Iran would continue to pursue his prosecution even after his presidency ends.

Interpol, based in Lyon, France, did not immediately respond to a request for comment.

Alqasimehr also was quoted as saying that Iran requested a “red notice” be put out for Trump and the others, which represents the highest level arrest request issued by Interpol. Local authorities end up making the arrests on behalf of the country that request it. The notices cannot force countries to arrest or extradite suspects, but can put government leaders on the spot and limit suspects’ travel.

After receiving a request, Interpol meets by committee and discusses whether or not to share the information with its member states. Interpol has no requirement for making any of the notices public, though some do get published on its website.

It is unlikely Interpol would grant Iran’s request as its guideline for notices forbids it from “undertaking any intervention or activities of a political” nature.

The U.S. killed Soleimani, who oversaw the Revolutionary Guard’s expeditionary Quds Force, and others in the January strike near Baghdad International Airport. It came after months of incidents raising tensions between the two countries and ultimately saw Iran retaliate with a ballistic missile strike targeting American troops in Iraq.

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Agencies
May 6,2020

New Delhi, May 6: The Central Board of Indirect Taxes and Customs (CBIC) has extended the validity of electronic way (E-way) bills, whose expiry date fell between March 20 and April 15, till May 31.

"Notification No. 40/2020-Central Tax issued to extend the validity of e-way bills till May 31 for all those e-way bills which were generated on or before March 24, 2020 and had expiry between the period from March 20 to April 15, 2020," the CBIC tweeted on Tuesday.

E-way bill is produced by transporters and businessmen before a Goods and Services Tax (GST) inspector for moving goods worth over Rs 50,000 from one state to another.

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News Network
July 10,2020

New Delhi, July 10: Hours before gangster Vikas Dubey was killed in an alleged police encounter on Friday, a plea was filed in the Supreme Court demanding urgent listing for action into his "possible killing" by Uttar Pradesh Police.

Advocate Ghanshyam Upadhyay had apprehended in his plea that there is a high possibility that Dubey will also be killed in a 'fake' encounter after his arrest from Ujjain in Madhya Pradesh a day ago.

Upadhyay claimed that the UP Police was expected to "concoct the same story of encounter" for Dubey like it did when four of his associates were killed after the 2 July incident.

Dubey was the primary accused in the killing of eight policemen in Kanpur on July 2. He was arrested from Ujjain on Thursday. He was killed in a police encounter, when he allegedly tried to flee on Friday morning.

"During the hunt for Dubey and co-accused, five of his accused aides were arrested/caught and then killed by the police in the name of encounter...Thus, there is every possibility that even Dubey shall be killed by Uttar Pradesh Police like other co-accused once his custody is obtained," Upadhyay feared.

He submitted that the killing of the accused by the police in the name of encounter no matter how heinous the crime was "against the rule of law and serious violation of human rights and nothing sort of Talibanisation of the country". Upadhyay sought hearing in the matter on Friday itself, citing extreme urgency.

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