SC sets up five-judge Constitution Bench to hear eight crucial cases: Aadhaar, Section 377 hearings tomorrow

Agencies
January 16, 2018

Amid the ongoing rift between the Chief Justice of India Dipak Misra and four senior-most judges over the assignment of important cases, the Supreme Court on Monday announced the composition of a five-judge Constitution Bench headed by the CJI.

This bench will hear eight crucial cases on Wednesday, including Aadhaar, the validity of Section 377 of Indian Penal Code which criminalises homosexuality, the validity of adultery law under the IPC, entry of women into Kerala's Sabarimala temple and other cases.

None of the four judges who spoke out against the CJI — justices J Chelameswar, Ranjan Gogoi, MB Lokur and Kurian Joseph — feature on the Constitution Bench.

According to news agency, the five-judge bench, comprising CJI Misra, Justice AK Sikri, Justice AM Khanwilkar, Justice DY Chandrachud and Justice Ashok Bhushan, will commence the hearing on a range of crucial matters from 17 January.

Aadhaar-privacy row

The Aadhaar case will take a look at the legality of the Aadhaar(Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act which was enacted in 2016.

The bench would sit at 2 pm on Wednesday to take up the interlocutory applications seeking interim relief against the Centre's decision on linking of Aadhaar with various schemes.

The Centre had on 7 December told the apex court that the deadline for mandatory linking of Aadhaar to avail various services and welfare schemes would be extended until 31 March next year.

On 27 November, the apex court had said it may consider setting up a Constitution Bench to hear pleas challenging the Centre's move to make Aadhaar card mandatory for availing various services and benefits of welfare schemes.

It had on 30 October said a Constitution Bench would commence hearing on the clutch of petitions against the Aadhaar scheme from the last week of November.

Back in August, a nine-judge bench of the apex court had held that Right to Privacy was a Fundamental Right under the Constitution. Several petitioners challenging the validity of Aadhaar had claimed it violated privacy rights.

Validity of Section 377

Alongside the crucial hearing on the Aadhaar-privacy issue, the bench will also hear a plea seeking decriminalisation of gay sex between consenting adults.

A bench comprising CJI Misra and justices Khanwilkar and Chandrachud had on 8 January said that the issue arising out of Section 377 of the Indian Penal Code (IPC) required to be debated upon by a larger bench.

Section 377 of the IPC refers to "unnatural offences" and says whoever voluntarily has intercourse "against the order of nature" with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine.

The bench was hearing a fresh plea filed by Navtej Singh Johar, seeking that Section 377 be declared as unconstitutional to the extent that it provides for the prosecution of adults for indulging in consensual gay sex.

The same combination of judges had last year heard various Constitution Bench matters from 10 October, including the power tussle between the Centre and the Delhi government over administrative jurisdiction and a matter relating to passive euthanasia.

In their unprecedented press conference on Friday, the four senior judges of the apex court had mounted a virtual revolt against the CJI, listing a litany of problems, including assignment of cases. They had also raised questions over the listing of PILs concerning Loya's death.

An office bearer of the Supreme Court Bar Association (SCBA) said a copy of their resolution was submitted by its president Vikas Singh to the CJI on Sunday, but have not heard anything from the top court as yet.

Meanwhile, court sources said it was not confirmed whether the CJI met the four judges on Monday, who had hurled accusations against him at their controversial press conference on 12 January.

Singh had expressed hope that all judges of the apex court would consider the SCBA resolution seeking a full-court discussion to defuse the crisis plaguing the higher judiciary.

The SCBA, at an emergency meeting on Sunday, had passed the resolution expressing grave concern over the differences of four senior-most judges with the CJI.

It had said that all public interest litigation (PIL) matters, including the pending PILs, should be either taken up by the CJI or be assigned for adjudication to four senior judges who are part of the apex court collegium.

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Agencies
February 23,2020

New Delhi, Feb 23: Dreaded underworld don Ravi Pujari, operating from overseas, has been reportedly arrested in South Africa and efforts are on for his deportation to India.

Pujari, who parted ways with underworld don Chhota Rajan, had jumped bail from Senegal, last year and had escaped to South Africa, where he was involved in big-time drug trafficking and extortion racket.

Sources in Indian Intelligence said that Ravi Pujari, who was hiding with a false identity of Anthony Fernandes, a Burkina Faso passport holder, was located in a remote village in South Africa.

On a tip-off from Indian external intelligence agency, the Senegal police air dashed South Africa last week. Pujari, 52, wanted in over 200 cases of heinous crimes, including murder and extortion, was detained with the help of South African agencies.

Sources in Mumbai Police said that Pujari's arrest has not yet been confirmed officially but Ministry of External Affairs is in touch with its mission in South Africa. An official in MEA refused to speak on the issue. Embassy of Senegal in Vasant Vihar, New Delhi, also did not respond to IANS' queries in connection with Pujari's arrest.

The mafioso first came into news in early 2000 when he started extorting huge amounts from famous Bollywood personalties and builders. He was involved in an attempt to murder case, aimed at killing a prominent lawyer of Mumbai.tip-off

Pujari's wife Padma and three children also fled India and some of them hold Burkina Faso passport. His son who was recently married in Australia reportedly holds an Australian passport.

Earlier last year Ravi Pujari, living under the identity of Anthony had jumped bailed from a Senegal court through fraudulent means. IANS had accessed the don's new passport. Pujari now goes under the name of Anthony Fernandes and is a citizen of Burkina Faso, a West African country, his date of birth is shown as 25.1.1961.

Pujari, a movie junkie influenced by Amitabh Bachchan's portrayal as Anthony Gonsalves in 'Amar Akbar Anthony' was using the name, Anthony Fernandes. This passport was issued on 10.7.2013 and is valid till 8.7.2023. The passport showed his profession as Agent Commercial which means that he is designated as a businessman running a chain of restaurants Namaste India in Senegal, Burkina Faso and neighbouring countries.

Pujari's lawyers in Senegal had argued in the court citing that he is Anthony Fernandes, a businessman from Burkina Faso as mentioned in his passport and not a fugitive as claimed by the Indian Government.

Clearly indicating a collision between top government functionaries of Burkina Faso and Pujari in which an influential Indian businessman, who is his partner in a restaurant chain, may have played the role of a conduit.

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News Network
May 3,2020

Bengaluru, May 3: Renowned Kannada poet KS Nissar Ahmed passed away on May 3.

Winner of several awards including Karnataka Sahitya Akademi Award for Poetry, Rajyotsava Award, Padma Shri among others, Ahmed died at the age of 84

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News Network
January 22,2020

New Delhi, Jan 22: The BJP on Wednesday cited statements of several opposition leaders to accuse them of "abusing" Hindus for their appeasement politics and referred to the Congress as "Muslim League Congress".

Seeking apologies from Congress president Sonia Gandhi and NCP chief Sharad Pawar, BJP spokesperson Sambit Patra said leaders of these parties have used the ongoing protests against the amended citizenship law to "abuse" Hindus.

Chavan has said in a public meeting that the Congress decided to join hands with the Shiv Sena to form government in Maharashtra as Muslims wanted the party to stop the BJP, Patra stated, claiming that it shows the opposition party has nothing to do with people belonging to other religions, including Hindus.

Patra also referred to a statement from an NCP leader to attack the opposition.

Asked about Congress leader Mallikarjun Kharge's reported jibe at the RSS for its "non-participation" in the freedom movement, the BJP leader shot back, asking if parents of Sonia Gandhi, who is of Italian origin, had fought in India's independence struggle.

The Indian National Congress, he said referring to the opposition party's full name, should be called "Muslim League Congress".

Comments

Keshu
 - 
Thursday, 23 Jan 2020

LOL...this is a waste body

This guy cannot even debate with Kanaiah kumar.

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