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
January 6,2020

Hyderabad, Jan 6: AIMIM president Asaduddin Owaisi on Monday expressed solidarity with students of Jawaharlal Nehru University in Delhi, following violence in the campus and said the "cruel attack" was meant to "punish"the students as they "dared to stand up".

"In solidarity with the brave students of JNU. This cruel attack is meant to 'punish' JNU students because they dared to stand up. It's so bad that even Union Ministers are tweeting helplessly. Modi Sarkar must answer why cops aresiding with goons," the Hyderabad MP tweeted.

The AIMIM has also tweeted expressing solidarity with the "students of JNU". "AIMIM stands in solidarity with the students of Jawaharlal Nehru University. Who feels threatened by the voice of students?," the party said in a tweet.

Violence broke out at the JNU on Sunday night as masked men armed with sticks and rods attacked students and teachers and damaged property on the campus, prompting the administration to call in police which conducted a flag march.

At least 28 people, including JNU Students' Union president Aishe Ghosh, were injured as chaos reigned on the campus for nearly two hours.

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Agencies
January 24,2020

Indore, Jan 24: Around 80 Muslim leaders of the BJP in Madhya Pradesh on Friday resigned from the primary membership of the party in protest over the Citizenship (Amendment) Act, calling it a "divisive" measure.

One of the leaders, Rajik Qureshi Farshiwala, said around 80 Muslim partymen have resigned from the BJP's primary membership after writing to the newly-appointed national president, J P Nadda, on Thursday.

These leaders, who dubbed the CAA "a divisive provision made on religious grounds", include several office- bearers of the BJP's minority cell, he said.

"It was becoming increasingly difficult for us to participate in our community's events after the CAA came into existence (in December 2019).

"At these events, people used to curse us and ask us how long we plan to keep quiet on a divisive law like the CAA?" he said.

"Persecuted refugees of any community should get Indian citizenship. You cannot decide that a particular person is an intruder or a terrorist merely on the basis of religion," Farshiwala added.

In their letter, the Muslim leaders stated, "Citizens have right to equality under Article 14 of the Indian Constitution. But the BJP-led Central Government is implementing the CAA on religious grounds.

"This is an act of dividing the country and against the basic spirit of the Constitution."

Some of the leaders who have resigned are considered close to BJP general secretary Kailash Vijayvargiya.

When asked about the development, Vijayvargiya on Thursday evening said, "I am not aware of the matter. But we will explain (about the CAA) if a person is being misled."

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News Network
May 6,2020

May 6: The government on Tuesday said that the Food Corporation of India, the nodal agency for procurement and distribution of foodgrains, has sufficient stocks in its godowns, even after meeting the requirement of additional wheat and rice provided free of cost during the lockdown period.

Food Minister Ram Vilas Paswan has given detailed information about the various steps taken by the government and the total stocks of food grains and pulses available with the government and sent to the states till now, an official statement said.

"FCI currently has 276.61 lakh tonnes rice and 353.49 lakh tonnes wheat. Hence a total of 630.10 lakh tonnes food grain stock is available," it said.

As against this, about 60 lakh tonnes of food grains is required for a month under the NFSA (National Food Security Act) and other welfare schemes.

Paswan said FCI stocks are comfortable even after fulfilling extra commitments during the lockdown.

Under the 'Pradhan Mantri Garib Kalyan Ann Yojana', the Centre is providing 5 kg of free food grains per month to 80 crore ration card holders. This free of cost wheat and rice will be provided for three months. Besides, 1 kg of pulses will also be supplied per family.

This is over and above the normal quota of 5 kg of food grains provided per month per person to about 80 crore people under the food law.

The minister informed that since the lockdown, about 69.52 lakh tonnes of food grains have been transported through 2,483 rail rakes.

Apart from rail route, transportation was also done through roads and waterways. A total of 137.62 lakh tonnes has been transported.

During the lockdown, NGOs and social institutions running relief camps can purchase wheat and rice directly from FCI Depots at Open Market Sales Scheme (OMSS) rate.

The state governments can also purchase food grains directly from FCI. Under the OMSS, the rate of rice is fixed at Rs 22 per kg and wheat at Rs 21 per kg.

Under the 'Pradhan Mantri Garib Kalyan Ann Yojana', for the next 3 months a total of 104.4 lakh tonnes rice and 15.6 lakh tonnes of wheat is required of which 59.50 lakh tonnes rice and 8.14 lakh tonnes wheat have been lifted by various states and UTs.

The Government of India is bearing 100 per cent financial burden of approximately Rs 46,000 crore under the scheme, the statement said.

For pulses, the total requirement for the next three months is 5.82 lakh tonnes.

So far, 2,20,727 tonnes of pulses have been dispatched, while 1,47,165 tonnes of pulses have reached the states/UTs and 47,490 tonnes have been delivered, it said.

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