Fiat to Army: decide on trial or court-martial

May 2, 2012
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New Delhi, May 2: The Supreme Court on Tuesday directed the Army to decide whether its personnel involved in fake encounter killings in Pathribal in Jammu and Kashmir and Assam should be court-martialled or tried in regular criminal courts.

If Army authorities were not keen on court-martial proceedings, the Central Bureau of Investigation could seek sanction from the Centre for prosecution of the erring officers, said a Bench of Justices B.S. Chauhan and Swatanter Kumar.

The case of killing of five civilians in the March 2000 Pathribal encounter has been pending in a Srinagar trial court with both the Army authorities and the officers challenging the Magistrate's order which asked the Army to explain, under Section 125 of the Army Act, whether it would try its men or wanted the civilian court to do the job. As the Jammu and Kashmir High Court ruled against them, the Army personnel appealed to the Supreme Court.

The CBI maintained that no sanction was necessary to prosecute the erring officers under the Armed Forces (Special Powers) Act (AFSPA) as the cold-blooded murders could not be said to fall within the ambit of their official duties.

In Assam, the CBI completed the investigation and filed charge sheet against seven Army personnel in the Court of Special Judicial Magistrate, Kamrup, under Section 302/201 read with Section 109 of the Indian Penal Code, for killing five civilians in a fake encounter. In this case, the Centre maintained that sanction from the competent authority was required for the prosecution of Army personnel.

Writing the judgment, Justice Chauhan said: “The competent Army Authority has to exercise his discretion as to whether the trial would be by a court-martial or a criminal court after the filing of the charge sheet and not after cognisance of the offence is taken by the court. A conjoint reading of the relevant statutory provisions and rules makes it clear that the term ‘institution' contained in Section 7 of the Act 1990 means taking cognisance of the offence and not mere presentation of the charge sheet by the investigating agency.”

Rejecting the Centre's stand that the Army personnel facing the CBI charge sheet could not be tried as they were discharging their official duty, the Bench said: “Facts of this case require sanction of the Central government to proceed with the criminal prosecution/trial. In case option is made to try the accused by a court-martial, sanction of the Central government is not required.”

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News Network
April 19,2020

New Delhi, Apr 19: The government on Sunday prohibited the sale of non-essential items through e-commerce platforms during the ongoing lockdown, four days after allowing such companies to sale mobile phones, refrigerators and ready-made garments.

Union Home Secretary Ajay Bhalla issued an order excluding the non-essential items from sale by the e-commerce companies from the consolidated revised guidelines, which listed the exemption given to the services and people from the purview of the lockdown.

The order said the following clause "E-commerce companies. Vehicles used by e-commerce operators will be allowed to ply with necessary permissions" is excluded from the guidelines.

The previous order had said such items were allowed for sale through e-commerce platforms from April 20.

However, the reason for reversing the order is not known immediately.

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News Network
April 26,2020

Thiruvananthapuram, Apr 26: Kerala Chief Minister Pinarayi Vijayan on Saturday urged media houses not to resort to layoffs and pay cuts while the whole community is facing the COVID-19 pandemic.

The Chief Minister said the state government will also take necessary steps to test the media personnel in the state to ensure they have not contracted the deadly virus.

He also pointed out that the pandemic has severely impacted the media sector with many newspapers even reducing the number of pages.

"Journalists are among those who have been affected the most. Journalists on the field are also in danger. We have come to know about the reporters affected with coronavirus in other states. The government will take necessary precautions including testing to ensure that journalists don't contract the disease," Vijayan said.

He said the newspapers were not receiving advertisements these days because there are no social or public events resulting in less commercial activities in the society.

"I would like to urge the media houses not to engage in layoffs or salary cuts during this pandemic. Journalists are working shoulder to shoulder with health workers. During this pandemic, scribes are out in the field collecting news, despite the threat of disease and it was admirable," Vijayan said.

The chief minister said the government has asked the PRD to release the dues to various media houses.

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News Network
February 17,2020

Mumbai, Feb 17: The Shiv Sena on Monday said the ongoing preparation for the much awaited visit of US President Donald Trump is a reflection of the "slave mentality" of Indians.

Trump's India trip is like the visit of a "Badshah" (emperor), an editorial in Sena mouthpiece 'Saamana' said.

Taking a dig at the construction of a wall on a plot having several slum structures in Ahmedabad ahead of Trump's visit there, the Sena said the US president's trip would neither stop the fall of rupee's value in forex market nor offer betterment to those (slum dwellers) behind the wall.

"Before Independence, British King or Queen used to visit one of their slave nations like India. The kind of preparations going on from taxpayers' money for the arrival of Trump is similar to it. This reflects the slave mentality of Indians," it said.

The Sena also took a swipe at Prime Minister Narendra Modi over the Ahmedabad Municipal Corporation's (AMC) move to build wall on a plot to "hide the slums" on the route through which Trump's convoy would pass.

"Former prime minister Indira Gandhi had once given the slogan 'Garibi Hatao', which was ridiculed for a long time. It seems now Modi's plan is 'Garibi chupao' (hide poverty)," the Marathi publication said.

Is there any financial allocation for such a wall being built in Ahmedabad? Is the US going to offer loan to India to build such walls across the country? it wondered.

"We have heard Trump is going to be in Ahmedabad for only three hours but the wall construction is costing almost Rs 100 crore to the state exchequer," it said.

It is basically a political arrangement between Prime Minister Modi and US President Trump, the Sena claimed.

Last year, 'Howdy, Modi!' (a mega event jointly addressed by the Indian prime minister and Trump) was organised in the US, it noted.

A similar programme, "Kem Chho Trump" (Gujarati expression for how are you Trump), has been now organised (in Ahmedabad) ahead of the US elections, chiefly because of a sizable number of Gujarati people living in America, the Shiv Sena claimed.

"But this visit of President Trump is neither going to stop further fall of rupee in the forex market nor offer betterment to those behind the wall (being built in front of slums in Ahmedabad)," it said.

The Sena said Trump is "not someone very wise or a statesman or someone who cares for the whole world", but he has to be treated with respect as he represents the mighty US.

"Sometimes you have to treat someone with respect to get your things done," it quipped.

The AMC on Friday said the construction of the wall, around four feet in height, was approved much before Trump's Gujarat visit was finalised.

Trump is scheduled to visit Modi's home state Gujarat on February 24.

He will visit the famous Sabarmati Ashram in Ahmedabad and take part in a roadshow with Modi. After that, the two leaders will inaugurate a new cricket stadium in Motera and address a gathering there, with an expected audience of over a lakh people.

While it was earlier speculated that the programme would be called 'Kem Chho Trump', the Ahmedabad Municipal Corporation on Sunday tweeted a series of posters confirming that the event is now christened as 'Namaste Trump', apparently to give it a pan-India appeal.

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