UP govt can't withdraw terror cases without Centre's consent: HC

December 12, 2013

yadav

Lucknow, Dec 12: In a setback to Uttar Pradesh government, the Allahabad High Court today held that it cannot withdraw prosecution in terror cases in which the accused have been booked under central acts without Centre's permission.

The ruling was given by the high court's Lucknow bench of justices Devi Prasad Singh, Ajai Lamba and Ashok Pal Singh on questions raised by a two-judge division bench on a PIL filed by Ranjana Agnihotri and five other local lawyers.

The PIL had sought a direction for quashing the order of the UP government for withdrawal of cases against people accused of blasts and terror activities that included 2007 serial explosions at Lucknow and Gorakhpur.

"Prosecution under central acts cannot be withdrawn without permission of the central government," the three-judge bench said.

BJP welcomed the court ruling saying it was a "slap" on the Akhilesh Yadav government.

"It is a slap on the Akhilesh Yadav government which is following the policy of Muslim appeasement," state BJP spokesman Vijay Bahadur Pathak said.

"For offences under Unlawful Activities (Prevention) Act, Explosive Substances Act and Arms Act and the offences falling in Chapter VI of IPC or alike offences the executive power of the Union of India extends, hence the permission of the central government with regard to withdrawal of prosecution shall be necessary," the three-judge bench held.

The bench also said that the prosecution cannot be withdrawn without assigning reason.

"If an application is moved for withdrawal from prosecution in a case relating to terrorism and waging of war against the country, specific and special reason has to be assigned," it said.

On June 7 while staying the state government's order to withdraw cases against people accused of terror activities, a division bench of justices Rajeev Sharma and Mahendra Dayal had referred the matter to a larger bench.

The two-judge bench had questioned whether the state government could issue an order for withdrawAl of cases withou any request being there from the public prosecutor.

It had also raised the question whether the prosecution of offence relating to the central act may be withdrawn without taking permission from the central government.

It had further asked, "Whether the state government after giving sanction for prosecution review its own order by issuing orders for withdrawal of the cases."

The larger bench comprising the three judges while answering the questions directed that the case be listed before the appropriate bench.

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News Network
April 16,2020

United Nations, Apr 16: WHO chief Tedros Adhanom Ghebreyesus has welcomed the world health body's cooperation with India to leverage strategies that helped the country win its war against polio into the response to COVID-19 outbreak, saying such joint efforts will help defeat the pandemic.

The World Health Organization (WHO) has said it will work with India's Ministry of Health and Family Welfare to leverage the strategies that helped the country eradicate polio to fight the pandemic.

Migrants who returned to UP and Bihar were hurriedly housed in schools and panchayat buildings, which were turned into quarantine centres. However, unhygienic conditions and people running away have proved to be a problem

The WHO's national polio surveillance network will be engaged to strengthen COVID-19 surveillance and its field staff will continue to support immunization and elimination of tuberculosis and other diseases.

“Great news: @MoHFW_INDIA & @WHOSEARO initiated a systematic engagement of @WHO's national polio surveillance network, and other field staff, for India's #COVID19 response, tapping into the best practices & resources that helped win its war against polio,” the WHO director-general tweeted, referring to India's Ministry of Health and Family Welfare and World Health Organization Regional Office for South-East Asia.

According to the Johns Hopkins University data, over 2 million people are infected by the virus and more than 136,000 people have died of the disease globally.

Ghebreyesus expressed gratitude to Health and Family Welfare Minister Harsh Vardhan “for his leadership and collaboration” with WHO. “Through these joint efforts we can defeat the #coronavirus and save lives. Together!”

India eliminated polio in 2014.
According to a WHO press release, Vardhan said in New Delhi that “time and again the Government of India and WHO together have shown our ability, competence and prowess to the whole world. With our combined meticulous work, done with full sincerity and dedication, we were able to get rid of polio.”

“All of you in the field – IDSP (Integrated Disease Surveillance Project), state rapid response teams and WHO - are our ‘surveillance corona warriors'. With your joint efforts we can defeat the coronavirus and save lives,” Vardhan added.

WHO South-East Asia Regional Director Poonam Khetrapal Singh said the National Polio Surveillance Project (WHO-NPSP) played a critical role in strengthening surveillance for polio that generated useful, timely and accurate data to guide policies, strategies and interventions until transmission of the poliovirus was interrupted in the country,” adding that the other WHO field staff involved with elimination of tuberculosis and neglected tropical diseases and hypertension control initiative were also significant resources.

Singh added that “it is now time to use all your experience, knowledge and skills, with the same rigor and discipline that you showed while monitoring polio activities, to support districts with surveillance, contact tracing and containment activities.”

The WHO release said strengths of the NPSP team – surveillance, data management, monitoring and supervision, and responding to local situations and challenges – will be utilized to supplement efforts of National Centre for Disease Control, IDSP and Indian Council of Medical Research to strengthen COVID-19 surveillance.

The NPSP team will also support in sharing information and best practices and help states and districts calibrate their response based on transmission scenarios and local capacities.

The WHO field staff will continue to support immunization and surveillance and elimination of Tuberculosis and Neglected Tropical Diseases, Singh said, adding, “disease outbreaks can negatively impact progress in a range of areas, from maternal and child mortality to vaccine-preventable diseases and other treatable conditions. India had been making stupendous progress in these areas and we cannot afford for India's remarkable progress to be set back or reversed.”

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News Network
July 13,2020

New Delhi, July 13: The number of active Covid-19 cases in India crossed the 3 lakh mark on Sunday even as fresh infections during the day surged to another new peak, crossing 29,000 for the first time. After staying over 500 for the past two days, the daily death toll came down slightly to 492.

While the focus has been on recoveries, the number of active Covid-19 cases in the country has been steadily rising. It hit the 1 lakh mark on June 4 and went past 2 lakh 23 days later. It has taken just 15 days more to reach 3 lakh.

India reported 29,271 new cases on Sunday, the fifth straight day of record rise in daily infections. With this, the country’s coronavirus caseload has risen to 8,79,060, two days after hitting the 8 lakh mark, as per data collated from state governments. Active cases stood at 3,02,466 while more than 5.53 lakh people were declared cured of the infection.

Covid-19 deaths in the country rose to 23,175 after 492 fatalities were added on Sunday, translating to a case fatality rate of 2.6%. The CFR has been steadily dropping with the surge in cases.
 

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Agencies
February 23,2020

Rajghat, Feb 23: The maternal uncle of Dr Kafeel Khan, who was recently arrested for allegedly making inflammatory statements during anti-CAA protests, was shot dead in front of his house at Bankatichak in Rajghat area, police said on Sunday.

Dr Nusratullah Warsi aka Dada (55), a property dealer, was shot dead on Saturday night at about 10:45 pm and an FIR against two people was filed in this connection on a written complaint of his family members.

According to police, it appears to be a case of murder due to monetary and property dispute and they are searching for both the accused.

Dr Kafeel Khan, suspended doctor of Gorakhpur BRD Medical College, was last month arrested under charges of giving a provocative speech during a protest against the CAA and NRC at Aligarh Muslim University and was later charged with the National Security Act.

Warsi on Saturday evening had gone to his lawyer Siraj Tariq's house, a few metres away from his own house, and was returning home on foot when a man shot him in his head, killing him on the spot.

"On the written complaint of family members, case of murder against one Imammuddin and Anil Sonkar has been registered and police has initiated probe and is searching for both the accused. Police met the women in their house and is interrogating them," Circle Officer VP Singh said.

Prima facie it appears to be a case of property and money dispute, he said, adding, three teams have been constituted to investigate the case and soon the accused will be caught.

Dr Kafeel Khan had last month raised apprehension in a Mumbai court about being killed in an "encounter" by the Uttar Pradesh police after claiming that he had been "falsely" implicated in the case by them.

The 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 in Uttar Pradesh, where he was posted.

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