Supreme Court issues stay on Ashis Nandy's arrest

February 1, 2013

ashis-nandyNew Delhi, Feb 1: In some relief to sociologist Ashis Nandy, the Supreme Court on Friday issued a stay on his arrest over alleged anti-dalit remarks. The court criticized him for his statements but protected him for arrest by any state government.

When Nandy's counsel said he had no intention of hurting the backward class, the court asked why then was he making such statements when he did not intend it.

The Supreme Court told Ashis Nandy to be careful in future and not make such statements, the meaning of which he did not intend to convey.

Nandy's statement at the Jaipur literature festival was not in good taste and that it had hurt many people across the country, the court added.

An advocate claiming to be member of Dalit community sought to oppose Nandy's petition seeking protection from arrest but the Supreme Court said his objection could only be considered once he files an application.

The court has sent notices to the governments of Rajasthan, Maharashtra and Bihar.

Nandy had earlier moved a petition seeking protection from arrest for an alleged anti-Dalit remark he made at the Jaipur Literary Festival (JLF).

Nandy had requested the apex court to quash all the FIRs registered against him.

"We are moving the Supreme Court for quashing of the FIR as well as laying down the guidelines in terms of something which constitutes an offence against SC/ST Act and something which is said in 'freedom of speech'," Nandy's lawyer Gaurav Kanth told the media yesterday.

"My main plea is because there is no intent when he had spoken these statements and as far as the SC/ST Act is concerned, there is no question of any harm or anything which has been caused to any particular member of SC/ST caste or community. So, we are moving in terms of the fact that nothing really constitutes any criminal or penal action," he said.

To a poser on why the police had not yet questioned Nandy in connection with this case, Kanth said that Nandy was all ready for cooperation in this regard.

Asserting that he has worked for Dalits, OBCs and adivasis for 45 years of his life, Nandy had earlier on Tuesday said that he was ready to go to jail if tried under the Atrocities Act and convicted.

At the literary festival on January 26, Ashis Nandy had said: "Most corrupt people come from the Other Backward Classes, Scheduled Castes and Scheduled Tribes."

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News Network
March 6,2020

New Delhi, Mar 6: Justice S Muralidhar Thursday cleared the air over the controversy on his transfer from the Delhi High Court to Punjab and Haryana High Court, saying he had replied to Chief Justice of India S A Bobde's communication that he was fine with the proposal and had no objection to it.

The controversy erupted after the Centre issued Justice Muralidhar's transfer notification close to mid night of February 26 -- the day a bench headed by him had pulled up Delhi Police for failing to register FIRs against three BJP leaders for their alleged hate speeches which purportedly led to the recent violence in northeast Delhi.

Justice Muralidhar (58), who received a grand farewell on Thursday from a huge gathering including judges and lawyers amid big rounds of applause, said he wanted to clear the confusion on his transfer and narrated the sequence of events from the time he received CJI's communication till February 26.

The Supreme Court collegium, headed by the CJI, had in a meeting on February 12 recommended the transfer of Justice Muralidhar to Punjab and Haryana High Court.

Justice Muralidhar was number three in the Delhi High Court, his parent high court as a judge.

Explaining the transfer process, he said the 5-member collegium sends to the Centre a recommendation that a judge of a high court should be transferred to another high court. The judge concerned is not at this stage under orders of transfers. That happens only when the collegium's recommendation fructifies into a notification.

“In my case, the collegium's decision was communicated to me by the CJI on February 17 by a letter which sought my response. I acknowledged receipt of the letter, I was then asked to clarify what I meant. As I saw it, if I was to be transferred from the Delhi High Court any way, I was fine with moving to the Punjab and Haryana High Court.

“I therefore clarified to the CJI that I did not object to the proposal. An explanation for my transfer reached the press...on February 20 quoting 'sources in the Supreme Court collegium', confirming what has been indicated to me a couple of days earlier,” he said.

The CJI's letter dated February 14 was delivered to Justice Muralidhar on February 17, the day when the family's pet labrador Sakhi breathed her last.

He said February 26 was perhaps the longest working day of his life as a judge of the Delhi High Court, where he has spent 14 years on the bench.

He said it began at 12:30 am with a sitting at his residence with Justice A J Bhambhani, under the orders of Justice G S Sistani, to deal with a PIL filed by Rahul Roy seeking safe passage of ambulances carrying the injured riot victims.

“When I received a call at my residence from the lawyer for the petitioner, I first called Justice Sistani to ask what should be done, knowing that the Chief Justice (CJ) was on leave. Justice Sistani explained that he too was officially on leave the whole of February 26 and that I should take up the matter.

“This fact is stated in the order passed by the bench after the hearing. Later that day, upon urgent mentioning, as the de facto CJ's bench, Justice Talwant Singh and I took up another fresh PIL on the CJ's board seeking registration of FIRs for hate speeches. After the orders passed on that day, the above two PILs remained on the CJ's Board,” he said.

Justice Muralidhar ended the speech saying the notification which was issued close to midnight of February 26 did two things.

“First, it transferred me to Punjab and Haryana High Court. Second, it appointed me to a position from where I can never be transferred, or removed and in which I shall always be proud to remain. A 'former judge' of arguably the best high court in the country. The High Court of Delhi,” he said, following a standing ovation by all the judges and the gathering, including his family members, former judges, lawyers, court staff and media persons.

Earlier in the day, a farewell programme was also organised by the Delhi High Court Bar Association.

While addressing the gathering at the bar's function, Justice Muralidhar concluded his address saying “When justice has to triumph, it will triumph ... Be with the truth - Justice will be done.”

Justice Muralidhar's mother, wife Usha Ramanathan, former Delhi High Court chief justice A P Shah, senior advocate Shanti Bhushan and former Delhi University VC Upendra Baxi were also present at the later function that was organised by the court.

Bidding adieu to Justice Muralidhar, Delhi HC CJ D N Patel said it was an occasion which has come with a saddening effect and his absence will be felt institutionally as well as personally.

Delhi government standing counsel (criminal) Rahul Mehra termed Justice Muralidhar as a “highly intellectual, courageous, upright and incorruptible judge” and sang bengali song 'ekla chalo re' to describe him.

Mehra said he joins Delhi High Court Bar Association in “strongly condemning” Justice Muralidhar's transfer.

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News Network
April 7,2020

New Delhi, April 7: The government continued to take steps to contain the spread of coronavirus including a strategy of cluster containment as the cases continued to rise and Tuesday saw single-day largest jump of 722 positive cases.

The total number of positive cases reached 4,789 on Tuesday, the 14th day of lockdown.

According to the latest update of the Health Ministry, there are 4,312 active cases, 352 persons have been cured or discharged (one migrated) and 124 have died.

Maharashtra has the largest number of positive cases at 868 and also accounts for the largest number of deaths at 48. Tamil Nadu has 621 confirmed cases.

Thirteen persons have died in Madhya Pradesh and the same number in Gujarat.
The 21-day lockdown was announced on March 24 by Prime Minister Narendra Modi.

At the regular media briefing at 4 pm, Lav Aggarwal, Joint Secretary in the Health Ministry, said that the government is adopting a strategy for cluster containment.

"This strategy is producing positive results, especially in Agra, Gautam Buddh Nagar, Pathanamthitta, Bhilwara and East Delhi," he said.

Aggarwal said that a recent study by the Indian Council of Medical Research (ICMR) has shown that a person infected with coronavirus can infect 406 others in just 30 days if he does not follow the lockdown and social distancing norms.

He said no decision has been taken on extending the lockdown and urged against any speculation.

He said latest technology was being used for management of COVID-19 and there was real-time tracking of ambulances.

The official said the dedicated facilities for COVID-19 are divided into three parts -- COVID Care Centre, Dedicated COVID Health Centre and Dedicated COVID Hospitals.

He said that COVID Care Centres were for treating mild, very mild and likely to be COVID-19 patients. Hostels, hotels, school, and stadium can be used for this. "We have asked states to map it with COVID Care Hospitals and COVID Health Centre so that patients can be shifted if needed," he said.

The official said that COVID Health Centres were for treating COVID-19 patients of clinically moderate level of seriousness. "For this, fully functional hospitals will be used. A dedicated block of a fully functional hospital can also be used for this. The hospitals must have beds with oxygen support," he said.

Aggarwal said that dedicated COVID Hospitals were meant for severe and critical cases and these must be fully-equipped with ICUs and ventilators.
New coronavirus cases were reported on Tuesday from several states including Maharashtra, Madhya Pradesh, West Bengal, and Tamil Nadu.

The Ministry of Environment, Forest and Climate Change has issued an advisory about containing coronavirus in national parks, sanctuaries and tiger reserves in view of the spread of COVID-19 and a report about tiger being infected in New York. The Central Zoo Authority has also advised zoos in India to remain on high alert.

Here's a quick read on the COVID-19 related updates

1. The Indian Railways has prepared 40,000 isolation beds in 2,500 coaches and this work is ongoing in 133 locations across the country.

2. Madhya Pradesh Chief Minister Shivraj Singh Chouhan said he was willing to extend the lockdown in the state after the completion of 21-day period to save lives.

3. The government is monitoring the movement of pharmaceuticals closely and the movement of pharmaceuticals through trucks has stabilised in the country.

4. Under the 'Lifeline Udan' initiative, 152 flights have transported over 200 tonnes of cargo till April 6.

5. According to ICMR, testing of 1,07,006 people has been carried out till date and 136 government labs and 59 private labs are conducting tests in the country.

6. The Home Ministry said that the status of essential goods and services was by and large satisfactory in the country. Home Minister Amit Shah has issued directives to the states to ensure there is no hoarding or black marketing in any corner of the country.

7. The number of corona positive cases in Uttar Pradesh has reached 314. Of these, 168 patients are connected to Tablighi Jamaat, state Chief Minister Yogi Adityanath said on Tuesday.

8. The government has lifted restrictions on export of 24 pharmaceutical ingredients and medicines made from them.

9. Union Defence Minister Rajnath Singh said the Group of Ministers had "an extensive discussion on the prevailing situation post the lockdown" in the country. They also appreciated the Cabinet's decision to cut MP's salary for a year.

10. Central Zoo Authority has advised zoos in the country to remain on highest alertness, watch animals on 24X7 basis, using CCTV for any abnormal behavior or symptoms.

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News Network
July 16,2020

New Delhi, Jul 16: The Rajasthan High Court will hear Thursday afternoon a petition filed on behalf of the Sachin Pilot camp, challenging a move to disqualify dissident MLAs from the state assembly.

The plea against the disqualification notices sent from the Speaker’s office to Pilot and 18 other Congress MLAs will be heard by Justice Satish Chandra Sharma.

The 19 MLAs were sent notices Tuesday by the Speaker after the Congress complained that the MLAs had defied a party whip to attend two Congress Legislature Party meetings. 

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