Kerala becomes first state to challenge CAA in Supreme Court

News Network
January 14, 2020

New Delhi, Jan 14: The Kerala government has challenged the new Citizenship (Amendment) Act (CAA) before the Supreme Court, becoming the first state to do so amid nationwide protests against the religion-based citizenship law. The Supreme Court is already hearing over 60 petitions against the law.

Kerala's Left-led government in its petition calls the CAA a violation of several articles of the constitution including the right to equality and says the law goes against the basic principle of secularism in the constitution.

The Kerala government has also challenged the validity of changes made in 2015 to the Passport law and the Foreigners (Amendment) Order, regularising the stay of non-Muslim migrants from Pakistan, Bangladesh and Afghanistan who had entered India before 2015.

The Citizenship Amendment Act (CAA), eases the path for non-Muslims in the neighbouring Muslim-majority nations of Pakistan, Afghanistan and Bangladesh to become Indian citizens. Critics fear that the CAA, along with a proposed National Register of Citizens (NRC), will discriminate against Muslims.

The Kerala petition says the CAA violates Articles 14, 21 and 25 of the constitution.

While Article 14 is about the right to equality, Article 21 says "no person will be deprived of life or personal liberty except according to a procedure established by law". Under Article 25, "all persons are equally entitled to freedom of conscience."

Several non-BJP governments have refused to carry out the NRC in an attempt to stave off the enforcement of the citizenship law.

Over 60 writ petitions have been filed in Supreme Court so far against the Citizenship (Amendment) Act. Various political parties, NGOs and also MPs have challenged the law.

The Supreme Court will hear the petitions on January 22.

During the last hearing, petitioners didn't ask that the law be put on hold as the CAA was not in force. The Act has, however, come into force from January 10 through a home ministry notification.

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News Network
July 2,2020

Bengaluru, Jul 2: Former Karnataka Chief Minister HD Kumaraswamy on Thursday accused BS Yediyurappa-led state government of "failure" to protect the citizens from coronavirus, stating that Karnataka was suffering due to lack of co-ordination in the cabinet.

In a series of tweets, the JD(S) leader slammed the state government for wasting their time in giving out contradictory statements regarding COVID-19 figures instead of learning lessons from the Kerala government.

"It is shocking to see COVID-19 patients being turned down by the hospitals due to lack of beds. The government has failed in its duty to protect the citizens. The CM and his cabinet colleagues wasted precious time in mere talking for the last three months. As the escalated Covid numbers stare them in the face, they are now helpless," Kumaraswamy wrote.

"Even when you have a proven model in Kerala government's success in Covid management, the ministers waste time in issuing contradictory statements and doing nothing. Karnataka suffers due to lack of co-ordination in the cabinet," he said.

Urging the government to act together, he said that if the government does not get its act together, the day is not far when Covid patients would be "condemned to die on the streets."

We are already seeing heart-wrenching stories of patients denied treatment," he added.

Kumaraswamy also appealed to the Karnataka government to consider the suggestions he had made earlier and not to indulge in party politics in these testing times.

"I appeal to the government to consider the suggestions I made earlier and act accordingly. This is not the time for party politics."

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News Network
April 29,2020

New Delhi, Apr 29: Karnataka is likely to withdraw the case filed against a CRPF commando who was arrested by state police officials for alleged assault on them during COVID-19 lockdown duty in Belgaum, a charge contested by the paramilitary Central Reserve Police Force.

In a bid to diffuse the ongoing tussle between CRPF and Karnataka police, the official communication sent to CRPF headquarters on Tuesday, with the details of bail granted to CRPF jawan Sunil Sachin Sawant, stated that the issue was discussed with the DGP Karnataka and other senior state authorities with a request to withdraw the case.

According to official communication, Karnataka Director General of Police has assured top CRPF officers that the "case registered against CRPF CoBRA commando is likely to be withdrawn by the state authorities".

The communication also states that "they assured that the criminal case registered against constable of 207 CoBRA BN is likely to be withdrawn by the state authority."

A CRPF CoBRA commando was thrashed and dragged to police station barefoot by police on April 23 for allegedly violating lockdown norms and assaulting/deterring public servant from discharging his duty in Belgavi district of Karnataka. A case was also registered against him.

This is not the first time when the state is showing efforts to solve the matter amicably.

Karnataka culture and tourism minister CT Ravi had also tweeted on April 27 claiming that he had a word with two ministers including state deputy chief minister who 'confirmed that the issue will be resolved amicably'

"Unfortunate that this incident happened with a CRPF Commando and the police. I have spoken with Industries Minister @JagadishShettar and Transport Minister @LaxmanSavadi. Both have confirmed that the issue will be resolved amicably," CT Ravi had tweeted.

CRPF Additional Director General (ADG) Sanjay Arora had also written to DG showing his displeasure over the ill-treatment done by Karnataka police with CRPF jawan and had said that "Keeping in view the gravity of the incident and its impact on the relationship between the two police forces, I am desired by the Director-General CRPF to request you to kindly get the matter inquired and provide justice. We would be thankful if you could inform us of the outcome."

Arora, in his letter, had also said that Karnataka police should have informed the force before registering a case.

The CRPF CbBRA commando was on extended leave and cleaning his motorcycle in front of his house in Examba city when he was allegedly manhandled and ill-treated in front of his family members and paraded to the police station barefoot, where he was kept in chains and handcuff.

The commando was granted bail by a court on Tuesday in the matter.

Sunil Sachin Sawant has been involved in various anti-Naxals operations and is a part of the CRPF elite CoBRA force, which is famous for doing anti-Naxals operations and has eliminated hundreds of Naxals in the past few years.

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News Network
January 12,2020

Bengaluru, Jan 12: Chief Justice of India, Sharad Arvind Bobde on Saturday hinted at the possibility of Artificial Intelligence being developed for the court system while making it clear that it will never replace human discretion.

Speaking at an event here, Bobde said, "We have a possibility of developing Artificial Intelligence for the court system. Only for the purpose of ensuring that the undue delay in justice is prevented."

"I must make it clear at the outset as there are times when even judges have asked this. AI is not going to replace human judges or human discretion", he added.

Sharing more details of his vision, he stated, "It is only the repetitive, mathematical and mechanical parts of the judgments for which help can be taken from the system...we are exploring the possibility of implementing it."

Bobde stressed on the requirement of developing AI for judiciary while outlining the number of pending cases in different courts.

"Some people are in jail for 10-15 years and we are not in position to deal with their appeals. The high court's and Supreme Court take so long and ultimately the courts feel that it is just to release them on bail", he said.

Bobde also endorsed employing every talent and skill to ensure delivery of justice in a reasonable time.

"We must employ every talent, every skill we possess to ensure that justice is received within reasonable time. Delay in justice can't be a reason for anybody to take law into their hands. But it's very important for us as courts to ensure there's no undue delay in justice", he said.

CJI Bobde also highlighted the need for pre-litigation mediation and said, "Pre-litigation mediation is the need of the hour especially in the backdrop of a significant pendency that the courts are tackling with. There are innumerable areas where pre-litigation mediation could solve the problem."

He also stressed that the position of a judge is very unique under the constitution and they have to deal with a variety of problems.

"The foundation of civilisation rests on the law. Judicial officers have to deal with a variety of problems...Judges without adequate knowledge, skills and experience may cause distortion, delay and miscarriage of justice", he said.

Earlier in the day, Chief Justice of India Bobde inaugurated the phase-1 of the new building of the Karnataka Judicial Academy on Crescent Road in Bengaluru.

The new building has three floors, besides, the ground floor and two basement floors.

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