Resolve dispute in marines case in one week: SC to Centre

February 3, 2014

New Delhi, Feb 3: The Supreme Court today asked the Centre to resolve within a week all disputes arising out of the issue of invoking anti-piracy law against two Italian marines accused of killing two Indian fishermen off Kerala coast in 2012.

A bench headed by Justice B S Chauhan directed the Centre to end the logjam in the issue in which Ministries of Law, Home Affairs and External Affairs are involved and make its stand clear on February 10.italian

"Will you be able to end the logjam by next Monday? Don't expect us to grant adjournment on the next date," the bench said while posting the case for hearing on February 10.

Attorney General Goolam E Vahanvati told the bench that the Centre has "almost" resolved the issue and will respond on the next date of hearing.

Senior advocate Mukul Rohatgi, appearing for Italian Government and Marines, submitted that the Centre has not been able to proceed in the case and 13 months have lapsed since the apex court has passed the order for conducting day-to-day proceedings.

He submitted that marines should be allowed to go back to their country.

The bench was hearing a petition filed by Italian government challenging invoking of anti-terrorism law SUA (Suppression of Unlawful Acts against safety of Maritime Navigation And Fixed Platforms on Continental Shelf) Act, saying it is against the order of the apex court which allowed proceedings only under the Maritime Zone Act, IPC, CrPC and UNCLOS.

The joint petition, filed by Ambassador of Italy Daniele Mancini along with Italian marines Massimiliano Latorre and Salvatore Girone, also sought direction to the Centre and NIA to expedite the proceedings in the case or discharge the marines.

During the last hearing on January 20, the apex court had adjourned the case after Vahanvati had submitted that the Centre was trying to resolve all disputes with Italian government on the issue.

The petition has said, "Invoking the anti-terrorism SUA Act would tantamount to the Republic of Italy being termed a terrorist state and acts of its organs, which were in repression of piracy, as being deemed as acts of terrorism, which is wholly untenable and unacceptable in the facts and circumstances of this case and in keeping with the comity of nations and international cooperation."

It has said that the draft protocol of 2005 to the SUA convention expressly excludes the applicability of the convention to activities undertaken by the military forces of a State in the exercise of their official duties.

"The purported attempt by the Centre to unilaterally invoke the provisions of SUA Act is contrary to and in wilful disregard of the directions of this court," the petition has said, adding that they came to know about invoking SUA on the basis of application filed by NIA in trial court.

It has contended that one year has passed since the apex court had directed an expeditious hearing in the case but the Centre has failed to implement the order and charge sheet has so far not been filed in the case.

"The petitioners have been detained in India for the last two years without any criminal case against them being started and the Centre has in fact failed to present any Final Report against them for almost one year despite the direction of the apex court to try and dispose of the case on a fast track basis," the petition has said, adding that the accused be allowed to return to Italy till the proceedings begin.

On January 18 last year, the Supreme Court had directed the central agency to probe the case against the marines and directed the Centre to set up a special court to conduct the trial on a day-to-day basis after the charge sheet is filed.

The case pertains to the killing of two Indian fishermen allegedly by Latorre and Girone on board 'Enrica Lexie'.

Fearing a pirate attack, the two officers had allegedly fired at the fishermen's vessel off Kerala coast on February 15, 2012, killing two of them. The marines were arrested on February 19, 2012.

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News Network
May 29,2020

New Delhi, May 29: Union Home Minister Amit Shah on Friday met Prime Minister Narendra Modi and informed him about the views of all chief ministers on the extension of the ongoing nationwide lockdown beyond May 31, officials said.

During the meeting, Shah briefed Modi about the suggestions and the feedback he received from the chief ministers during his telephonic conversations on Thursday, a government official said.

The nationwide curbs were first announced by Prime Minister Narendra Modi on March 24 for 21 days in a bid to contain the spread of novel coronavirus. It was first extended till May 3 and then again till May 17. The lockdown was further extended till May 31.

The home minister's telephonic conversations with the chief ministers came just three days before the end of the fourth phase of the lockdown.

During his talks with the chief ministers, Shah sought to know the areas of concern of the states and the sectors they want to open up further from June 1, the official said.

Interestingly, till now, it was Modi who had interacted with all chief ministers through video conference before the extension of each phase of the coronavirus-induced lockdown and sought their views.

This was for the first time that the home minister spoke to the chief ministers individually before the end of another phase of the lockdown.

Shah was present in all the conferences of chief ministers along with the prime minister. It is understood that the majority of the chief ministers wanted the lockdown to continue in some form but also favoured opening up of the economic activities and gradual return of the normal life, another official said.

The central government is expected to announce its decision on the lockdown within the next two days.

The number of COVID-19 cases in India has climbed to 1,65,799 on Friday, making it the world's ninth worst-hit country by the coronavirus pandemic.

The Health Ministry said the death toll due to COVID-19 rose to 4,706 in the country. While extending the fourth phase of the lockdown till May 31, the central government had announced the continuation of the prohibition on the opening of schools, colleges and malls but allowed the opening of shops and markets.

It said hotels, restaurants, cinema halls, malls, swimming pools, gyms will remain shut even as all social, political, religious functions, and places of worship will remain closed till May 31.

The government, however, allowed limited operations of the train and domestic flights. The Indian Railways is also running special trains since May 1 for transportation of migrant workers from different parts of the country to their native states.

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News Network
June 13,2020

Dehradun, Jun 13: Chief of Army Staff General M M Naravane on Saturday said the country is passing through difficult times and its safety and honour depend on the ability of its young officers as military leaders.

Addressing gentlemen cadets at the Indian Military Academy here as the reviewing officer of a passing out parade, Gen Naravane said they are being commissioned as officers into the army under the most daunting of circumstances and the high standards of their military training will help them overcome the challenges lying in store for them.

The parade saw a total of 423 cadets being commissioned into the army including 333 from the country and 90 from friendly foreign countries.

"These are difficult times for the country. Its safety, honour and respect depend on your abilities as military leaders. You have to live up to the expectations of your countrymen. You have to ensure that whatever you do is for their welfare," he said.

The army chief said there are no good or bad regiments but only good officers.

"Become one with your men. Win their trust and affection and they will win battles for you," Naravane said.          

He asked the gentlemen cadets to throw themselves into their new role as commissioned officers with passion but also be compassionate towards their men.

"When the going gets tough and all seems lost, it is the spirit of your men that helps you win," he said.          

He said the gentlemen cadets who are taking their first step as commissioned officers will have to make decisions in the tactical and operational domain as well as resolve ethical issues and they will have only their conscience to guide them.          

"In such critical moments let the core values enshrined in the preamble of the constitution of India be your guiding light," the Army Chief said.

Asking them to rise above petty considerations of caste, creed and religion, he said the army does not discriminate.

Apart from containing the external threats, you may also have to defang internal forces out to destabilise the country.

He said the precise drill movements of the cadets had convinced him they will do their respective countries proud.

"In the autumn of your careers what will matter is not the position you finally attain but how honourably you have served your nation," he said.              

In a message to the gentlemen cadets' parents, who were not allowed to attend the event due to the coronavirus pandemic, the Army Chief said, "Till yesterday they (gentlemen cadets) were your children but from tomorrow they will be ours."

He promised to be with them through thick and thin.

The parade looked slightly off-colour this time with the enthusiastic crowds of parents and some usual features missing like the showering of the drill square with flower petals by helicopters.

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January 15,2020

Srinagar, Jan 15: The Jammu and Kashmir administration on Tuesday evening allowed mobile Internet in parts of Jammu region and broadband in establishments providing essential services, days after the Supreme Court ordered a review of the curbs imposed in the Union Territory.

The order comes into effect from January 15 and shall remain in force for seven days, a government communication said.

In a three-page order, the administration asked Internet service providers to offer broadband facility (with Mac binding) to all institutions dealing with essential services such as hospitals, banks and government offices.

In order to facilitate tourism, the broadband Internet services would be provided to hotels and tour and travel establishments, the order said.

Mac Binding essentially means to enforce a client machine to work from a particular Internet Protocol address.

"Prior to giving such facility, the service providers have been asked to install necessary firewalls and carry out white-listing of sites that would enable government websites and website dealing with essential services like e-banking," the order said.

However, all social media sites remain out of bounds. "There shall be complete restrictions on social media applications allowing peer-to-peer communication and virtual private network applications for the time being," the order said.

The institutions and government offices that are being provided Internet access shall be responsible to prevent misuse, according to the order.

It said the 2G mobile connectivity on post-paid mobiles for accessing white-listed websites including e-banking will be allowed in districts of Jammu, Samba, Kathua, Udhampur and Reasi -- all in the Jammu region.

The order said that the police has brought material relating to the terror modules operating in Jammu and Kashmir including handlers from across the border who are attempting to aid and incite people by transmission of fake news and targeted messages through use of Internet.

The relaxation came days after the Supreme Court said access to the Internet is a fundamental right under Article 19 of the Constitution.

The SC verdict had come on Friday on a batch of pleas challenging the curbs imposed in Jammu and Kashmir after the Centre's abrogation of provisions of Article 370 on August 5 last year.

The court had also asked the Jammu and Kashmir administration to review within a week all orders imposing curbs in the Union Territory.

It had asked the J-K administration to restore Internet services in institutions such as hospitals and educational places providing essential services.

The J-K administration's Tuesday communication said that in view of the Supreme Court directions, the situation has been reviewed and Internet has been opened whereever it was possible keeping in view the security consideration.

In Kashmir, 400 additional Internet kiosks will be established, besides the 900 terminals which are already operational in the Valley.

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