SC slaps Rs 5 lakh fine on ex-SP MLA, dismisses plea against Rahul

October 18, 2012

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New Delhi, October 18: The Supreme Court today slapped a Rs.5 lakh fine on an ex-SP MLA while dismissing as without substance his petition against Rahul Gandhi in which he had alleged that the Congress leader had confined a girl in Uttar Pradesh.

"The allegation is without substance and without an iota of evidence," a bench of justices B S Chauhan and Swatanter Kumar said.


"The reputation of respondent no 6 (Rahul Gandhi) has been damaged by the undesirable act of the petitioner (ex-Samajwadi Party MLA Kishore Samrite)," the bench said.


The apex court further said the petition filed against Gandhi was "misconceived" and that Samrite abused the process of law on the basis of incorrect statement.


The bench passed the order on an appeal filed by Samrite challenging an order of the Allahabad High Court which had dismissed his plea against Gandhi and imposed a cost of Rs 50 lakh on him for filing a frivolous petition. The high court had also directed a CBI probe against the ex-SP MLA from Madhya Pradesh.


Samrite had then approached the apex court against the high court's order.


Rejecting his plea, the Supreme Court said, "the petition filed by him was not bonafide" and there was no case of illegal confinement as the girl, who was allegedly kidnapped, had made no complaint.


The bench, however, said that the cost imposed by the high court was exorbitant and reduced it.


It said that the CBI will continue with its probe against Samrite and other persons who are involved in filing of the frivolous petition and asked it to submit a report within six months.


The apex court on October 1 had reserved its order on the plea challenging the March 7, 2011 order of the Allahabad High Court.


Samrite, who is facing a CBI probe for dragging Gandhi's name in the case, had submitted in his plea that the High Court had wrongly dismissed his petition by imposing exemplary costs of Rs 50 lakh.


He had insisted that his petition was maintainable and that the Division Bench of the High Court exceeded its jurisdiction by transferring the matter from a single bench to itself.

He had submitted before the apex court that the High Court had erroneously tagged his petition with another and had deprived him of his right to be heard.

He had said the two petitions were different in nature and the names of persons in illegal confinement mentioned in them were different.

He had said the three persons, i.e, the girl and her parents produced before the High Court, were different from those mentioned in his petition.

The CBI had told the apex court that its probe has found that the case against Gandhi was based on "non-existent" claims.
Gandhi's counsel had argued that Samrite's petition was politically motivated to tarnish the image of the young politician.
He had also raised objections to the averments made by Samrite in his affidavit, saying nobody can accuse the judges of being biased.

Samrite had said that the CBI did not follow the proper procedure in probing the case and had registered the regular case without making a preliminary inquiry.

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Agencies
February 4,2020

New Delhi, Feb 4: Four-month-old Mohammed Jahaan accompanied his mother almost every day to the Shaheen Bagh demonstration where he was a favourite with the protesters who would take turns to hold him and often draw the tricolour on his cheeks.

Jahaan will not be seen at Shaheen Bagh anymore. He died last week after acquiring a severe cold and congestion following exposure to the winter chill at the outdoor demonstration. His mother is, however, undeterred and determined to participate in the protests, saying it is "for the future of my children".

The infant's shattered parents, Mohammed Arif and Nazia, live in a tiny shanty put together with plastic sheets and cloth in Batla House area and have two other children -- a five-year-old daughter and a one-year-old son.

Hailing from Bareilly in UP, the couple is barely able to make ends meet. Arif is an embroidery worker and also drives an e-rickshaw. His wife helps him in his embroidery work.

"I haven't been able to earn enough in the last month despite driving the battery rickshaw in addition to my embroidery work. Now with our baby's demise, we have lost everything," he said, showing a picture of little Jahaan wearing a woolen cap that read 'I Love My India'.

A visibly disturbed Nazia said Jahaan passed away in his sleep on night of January 30 after returning from the protests.

"I had returned from Shaheen Baag at around 1 AM. After putting him and other kids to sleep, even I went to sleep. In the morning, I suddenly found him motionless. He was gone in his sleep," she said.

The couple said they took their motionless baby to the nearby Alshifa Hospital on the morning of January 31 where he was declared dead on arrival.

Nazia, who had been visiting the Shaheen Bagh demonstration everyday with Jahaan since December 18, says that he died after catching a cold that turned lethal.

She said she didn't realise that his congestion was so severe. However, the baby's death certificate issued by the hospital does not mention any specific reason for the death.

Shazia, a neighbour who was present at the couple's home, said Nazia had fought with her mother and husband to visit Shaheen Bagh everyday. Nazia would gather all women in the bylane outside her house so that they could together walk to the demonstration, around 2 km away. Sometimes, Arif would drop some of them to Shaheen Bagh on his e-rickshaw.

Nazia said she strongly feels that the CAA and NRC are against the welfare of all communities and will join the Shaheen Bagh protests, but this time without her children.

"Why was I doing this? For my children and the children of all us who need a bright future in this country," she told PTI.

"The CAA divides us on religion and should never be accepted. I don't know if there is politics involved but I know that I must question what is against the future of my children."

Arif, however, blamed the NRC and CAA for his child's death.

"Had the government not brought CAA and NRC, people would not have protested and my wife would not have joined them, my son would have been alive," he said.

Comments

Angry Indian
 - 
Tuesday, 4 Feb 2020

inna lillahi inna ilaihi rajioon...so sad

 

Modi, delhi police and Amith Shah the biggest EVIL of india is responsible for this samll soul death...

 

you have to answer one day after you die...dont think this world is permenant..

 

you will never see heaven forever...you must root in hell

 

GADDAR PM & HM

 

Jai Hind

 

 

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News Network
April 20,2020

Thiruvananthapuram, Apr 20:  Kerala Chief Minister Pinarayi Vijayan on Monday said that the government would revoke the order, which allowed the opening of barbershops and restaurants in the State.

The development comes after the Ministry of Home Affairs (MHA) objected to the move.
When asked about the letter issued by the MHA terming certain decisions as to the dilution of guidelines, Chief Minister Vijayan said: "There is no confrontation between the State government and the Centre."

"Kerala is following all directions issued by the Centre. Barbershops will not be opened and restaurants will only provide online delivery," he told the reporters, adding that public transport would not be allowed.

"There was a decision to open barbershops but many experts have pointed out against the decision. So the Kerala government is withdrawing the decision," he said.

Earlier, Chief Secretary Tom Jose said that if needed, then the State government will make necessary modifications to the lockdown guidelines in the wake of a communication received from the Central government.

The MHA had objected to the decision of Kerala government to allow services like barbershops, local workshops, restaurants, etc., and had urged the State government to revise its lockdown guidelines.

The Government of India had said that violation to lockdown measures reported posed a serious health hazard to the public and risk the spread of COVID-19.

Union Home Secretary Ajay Bhalla wrote to all Chief Secretaries and a separate letter had been sent to the Kerala Chief Secretary asking them not to dilute lockdown guidelines in any manner.

In his letter to the Kerala Chief Secretary, Bhalla had stated that the consolidated revised guidelines on the measures to be taken by the Ministries/Departments of the Government of India has been circulated on April 15 for containment of COVID-19.

Kerala Minister Kadakampally Surendran had said that relaxations have been given abiding by the direction issued by the Central government. He had added that the Centre may have asked for an explanation due to some misunderstanding.

India is under a nation-wide lockdown that came into force on March 25 to contain the spread of coronavirus, which has claimed 559 lives in the country. Last week, Prime Minister Narendra Modi announced the extension of lockdown till May 3.

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News Network
March 25,2020

New Delhi, Mar 25: The total number of confirmed coronavirus cases in India rose to 562, according to the Ministry of Health and Family Welfare on Wednesday.
This includes 512 active cases, while 40 infected people have already been cured or discharged.
The Union Health Ministry said that total deaths due to the disease now stand at 9, as the second death reported in Delhi is COVID-19 negative. One patient has also migrated due to the infection.
The Central government has taken several steps to contain the rapid spread of the virus including the screening 15,24,266 passengers at the airports.
Prime Minister Narendra Modi had on Tuesday announced a 21-day lockdown in the entire country effective from midnight to deal with the spread of coronavirus, saying that "social distancing" is the only option to deal with the disease, which spreads rapidly.
In a televised address to the nation, Prime Minister Modi said that it is vital to break the chain of the disease and experts have said that at least 21 days are needed for it.
The Prime Minister, who had also addressed the nation last week, said the lockdown has drawn a "Lakshman Rekha" in every home and people should stay indoors for their own protection and for that of their families. 

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