SC expresses anguish over filing of defective petitions on Article 370

Agencies
August 16, 2019

New Delhi, Aug 16: A bench headed by Chief Justice Ranjan Gogoi said the petition by advocate M L Sharma challenging the scrapping of Article 370 has "no meaning".

"What kind of petition is this? It could have been dismissed but there are 5 other pleas with the registry," the bench also comprising S A Bobde and S A Najeer said. The bench during the hearing identified that petitions on Jammu and Kashmir had one or the other defect.

"You are not praying for setting aside the Presidential order. What is the prayer it is not clear. It can be dismissed on technical grounds," the bench said and added that there were five other petitions in the registry which are defective.

The CJI said he spent 30 minutes reading the petition on Article 370 but could not make out anything.

The apex court asked lawyers to cure defects in their six petitions on Article 370 and adjourned the hearing.

The CJI also pulled up Kashmiri advocate Shabir Shakil also for for filing a similar defective application.

It also took up the plea filed by Kashmir Times executive editor Anuradha Bhasin, seeking relaxation of media movement in the valley and the communication shutdown.

"I have read in the media report that restrictions on landline and broadline are likely to be removed by the evening today," the CJI said.

Attorney General KK Venugopal countered this by saying that restrictions has been eased Kashmir Times has been publishing its edition from Jammu without any curbs.

He said that the petition appears to be a motivated plea and therefore they have jumped the gun to come to a conclusion and that there was a complete communication lockdown in the valley.

Centre reiterated that normalcy will be restored in J&K in a few days and pleaded the SC to not intervene at this stage on the basis pleas.

Solicitor General Tushar Mehta seconded Venugopal on the security situation in the valley.

"Security agencies are taking stock of the situation and the court must trust its agencies," Mehta said.

The top court has adjourned the matter putting on the record that petitions were defective on technical aspect.

The top court said that these petitions will be listed next week after the order of Chief Justice on the administrative side.

The bench also noted that it was hearing the petition on Article 370 by breaking the combination of judges hearing the sensitive Ayodhya matter.

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Agencies
August 9,2020

Pathanamthitta, Aug 9 : An orange alert has been issued in Kerala's Pathanamthitta district as the water level in Pamba dam is now flowing at 983.05 metres and it is likely to reach 983.50 metres within an hour.

A red alert will be declared at 984.5 metres and dam will open when the water level reaches 985 metres.

"The water level in Pamba dam is 983.05 metres now and is likely to reach 983.50 metres within an hour. So, the second alert- orange alert has been issued. A red alert will be declared at 984.5 metres and dam will open when it reaches 985 metres," said Pathanamthitta District Collector.

Meanwhile, a portion of the Shiva Temple in Aluva continues to remain submerged. However, the water level in the Periyar River is receding gradually and more part of the temple is above the water level now. 

As Kerala has been receiving heavy rain for the past few days, severe waterlogging affects traffic movement at Mannuthy bypass in Thrissur on Saturday.

On Friday, the India Meteorological Department (IMD) had issued a red alert in Kozhikode district. It had also predicted rainfall in different parts of the state.

Due to heavy downpour, a massive landslide had occurred in Idukki district recently. The death toll in Idukki landslide has risen to 26, Kerala Chief Minister Pinarayi Vijayan said on Saturday.

The Chief Minister said that monsoon fury continues to be severe in the state.

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coastaldigest.com web desk
June 16,2020

New Delhi, Jun 16: Despite Prime Minister Narendra Modi led government’s attempt to downplay the border dispute with China, matters have heated up unprecedentedly along the Line of Actual Control (LAC)- the effective Sino-India border in Eastern Ladakh. 

The country has lost three precious lives – an army officer and two soldiers. The last time blood was spilled on the LAC, before the latest episode, was 45 years ago when the Chinese ambushed an Assam Rifles patrol in Tulung La.

India had lost four soldiers on October 20, 1975 in Tulung La, the last time bullets were fired on the India-China border though both the countries witnessed bitter stand-offs later at Sumdorong Chu valley in 1987, Depsang in 2013, Chumar in 2014 and Doklam in 2017.

Between 1962 and 1975, the biggest clash between India and China took place in Nathu La pass in 1967 when reports suggest that around 80 Indian soldiers were killed and many more Chinese personnel.

While three soldiers, including a Commanding Officer, were killed in the latest episode in Galwan Valley, the government describes it as a "violent clash" and does not mention opening fire.

New Delhi described the locality where the 1975 incident took place as "well within" its territory only to be rebuffed by Beijing as "sheer reversal of black and white and confusion of right and wrong".

The Ministry of External Affairs had then said that the Chinese had crossed the LAC and ambushed the soldiers while Beijing claimed the Indians entered their territory and did not return despite warnings.

The Indian government maintained that the ambush on the Assam Rifles' patrol in 1975 took place "500 metres south of Tulung" on the border between India and Tibet and "therefore in Indian territory". It said Chinese soldiers "penetrating" Indian territory implied a "change in China's position" on the border question but the Chinese denied this and blamed India for the incident.

The US diplomatic cables quoted an Indian military intelligence officer saying that the Chinese had erected stone walls on the Indian side of Tulung La and from these positions fired several hundred rounds at the Indian patrol.

"Four of the Indians had gone into a leading position while two (the ones who escaped) remained behind. The senior military intelligence officer emphasised that the soldiers on the Indian patrol were from the area and had patrolled that same region many times before," the cable said.

One of the US cables showed that former US Secretary of State and National Security Adviser Henry Kissinger sought details of the October 1975 clash "without approaching the host governments on actual location of October 20 incident". He also wanted to know what ground rules were followed regarding the proximity of LAC by border patrols.

A cable sent from the US mission in India on November 4, 1975 appeared to have doubts about the Chinese account saying it was "highly defensive".

"Given the unsettled situation on the sub-continent, particularly in Bangladesh, both Chinese and Indian authorities have authorised stepped up patrols along the disputed border. The clash may well have ensued when two such patrols unexpectedly encountered each other," it said.

Another cable from China on the same day quoted another October 1974 cable, which spoke about Chinese officials being concerned for long that "some hotheaded person on the PRC (People's Republic of China) might provoke an incident that could lead to renewed Sino-Indian hostilities. It went on to say that this clash suggested that "such concerns and apprehensions are not unwarranted".

According to the United States diplomatic cables, Chinese Foreign Ministry on November 3, 1975 disputed the statement of the MEA spokesperson, who said the incident took place inside Indian territory.

The Chinese had said "sheer reversal of black and white and confusion of right and wrong". In its version of the 1975 incident, they said Indian troops crossed the LAC at 1:30 PM at Tulung Pass on the Eastern Sector and "intruded" into their territory when personnel at the Civilian Checkpost at Chuna in Tibet warned them to withdraw.

Ignoring this, they claimed, Indian soldiers made "continual provocation and even opened fire at the Chinese civilian checkpost personnel, posing a grave threat to the life of the latter. The Chinese civilian checkpost personnel were obliged to fire back in self defence."

The Chinese Foreign Ministry spokesperson had also said they told the Indian side that they could collect the bodies "anytime" and on October 28, collected the bodies, weapons and ammunition and "signed a receipt".

The US cables from the then USSR suggested that the official media carried reports from Delhi on the October 1975 incident and they cited only Indian accounts of the incident "ridiculing alleged Chinese claims that the Indians crossed the line and opened fire first".

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Agencies
January 7,2020

New Delhi, Jan 7: Services at various bank branches and ATMs are likely to be affected as hundreds of employees will go on a bank strike across the country on Wednesday.

The bank strike is part of the Bharat Bandh call given by trade unions to protest against the labour reforms and economic policies of the Central government, according to reports.

The protestors' main demand during the Bharat Bandh is that the Centre should drop the proposed labour reforms.

A Bill in this regard was passed and proposes to merge 44 labour laws into four codes -- wages, industrial relations, social security, and safe working conditions.

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