On 10 Per Cent Quota, Supreme Court To Hear All Petitions Together


Some opposition leaders have dubbed the quota law as an agenda. (File)

New Delhi: 

The Supreme Court on Friday said it will hear together all the petitions which challenged the bill to provide 10 per cent reservation in jobs and education for the economically weaker section.

A bench headed by Chief Justice Ranjan Gogoi refused to grant urgent hearing of a petition filed by Vipin Kumar Bharatiya, challenging the reservation bill.

Earlier, a petition filed by the organization Youth for Equality sought the quashing of the bill, stating that it violated the “equality code of the Constitution” as reservation on economic grounds cannot be restricted to general category and the 50 per cent ceiling limit cannot be breached. The plea further sought a stay on the constitutional amendment.

“The Constitution (124th Amendment) Bill, 2019 which has been swiftly passed by both houses of Parliament and passed with little debate in the first week of January 2019 is the subject matter of the present challenge on the ground that it violates several basic features of the Constitution,” the plea said.

By way of the present amendments, the exclusion of the OBCs and the SCs/STs from the scope of the economic reservation essentially implies that only those who are poor from the general categories would avail the benefits of the quotas, the organisation contended.

“Taken together with the fact that the high creamy layer limit of Rs 8 lakh per annum ensures that the elite in the OBCs and SCs/STs capture the reservation benefits repeatedly, the poor sections of these categories remain completely deprived. This is an overwhelming violation of the basic feature of equality enshrined in Article 14 of the Constitution and elsewhere,” the petition stated.





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Delhi High Court To Hear Appeal On January 28


National Herald publisher has challenged an order asking it to vacate its premises in New Delhi. (File)

New Delhi: 

The Delhi High Court today said it will hear on January 28 an appeal of National Herald publisher Associated Journals Ltd (AJL), challenging a single judge order asking it to vacate its premises in New Delhi.

A bench headed by Chief Justice Rajendra Menon cited some health issues and asked whether the matter could be heard some other day.

Solicitor General Tushar Mehta, representing the Centre, and senior advocate Abhishek Manu Singhvi, appearing for AJL, agreed.

The Chief Justice said he has to undergo some surgery and can take up the matter any day after January 24.

The bench, also comprising Justice VK Rao, listed the appeal for hearing on January 28.

A single judge on December 21 last year dismissed AJL’s plea challenging the Centre’s order to vacate its premises and asked the publisher to vacate the ITO premises within two weeks after which eviction proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, would be initiated.

AJL approached the high court seeking a stay on the single judge order.

The high court had dismissed AJL’s plea challenging the Centre’s order by holding that the publisher has not provided any instance to support the serious allegations of mala fide levelled against the ruling dispensation.

The Centre had ended its 56-year-old lease and asked AJL to vacate the premises, saying no printing or publishing activity was going on. In its order, the single judge had said that AJL has been “hijacked” by Young Indian (YI), in which Congress chief Rahul Gandhi and his mother Sonia Gandhi are shareholders.

The Centre and Land and Development Office (L&DO) had said in their order that no press has functioned in the premises for at least 10 years and it was being used only for commercial purposes in violation of the lease deed.

AJL had denied the allegations in the petition filed in the high court.
The high court had said by transfer of AJL’s 99 per cent shares to YI, the beneficial interest of AJL’s property worth Rs 413.40 crore stands “clandestinely” transferred to YI.





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Supreme Court To Hear Petition Against Nageswara Rao As CBI Interim Chief


New Delhi: 

A petition challenging M Nageswara Rao’s appointment as the interim chief of the Central Bureau of Investigation (CBI) is likely to be heard by the Supreme Court next week.

Mr Rao took over the top job last Friday after Alok Verma was sacked as the chief the agency by a high-powered panel headed by Prime Minister Narendra Modi. Mr Rao promptly reversed all decisions taken in the previous two days by his then boss.

An NGO had filed a petition on Monday through advocate Prashant Bhushan, seeking a direction to cancel the government’s order appointing Mr Rao as the acting director of the agency.  Common Cause, that filed the petition, said it was “illegal, arbitrary, mala fide and in violation of the Delhi Police Special Establishment (DPSE) Act”.

The 1986-batch Odisha cadre Indian Police Service officer first took charge as interim chief under dramatic circumstances on October 23, around 2 am, after Mr Verma was divested of his powers and sent away.





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Supreme Court May Not Begin To Hear Pleas Over Sabarimala On January 22


The hearing of pleas over the Supreme Court’s Sabarimala verdict is scheduled to start from January 22

New Delhi: 

The Supreme Court Tuesday said it may not start the hearing from January 22 on pleas seeking review of the Sabarimala verdict, as one of the judges is on medical leave.

A bench headed by Chief Justice Ranjan Gogoi said that Justice Indu Malhotra, the lone woman judge of the five-judge constitution bench which had delivered the verdict in the Sabarimala case, is on leave on medical grounds.

“Justice Indu Malhotra is on leave due to some medical reasons,” the bench said.

The bench, which also comprised Justices L Nageswara Rao and SK Kaul, said that the hearing, which is scheduled to start from January 22, may not take place.

indu malhotra 650

“Justice Indu Malhotra is on leave due to some medical reasons,” a bench headed by Chief Justice Ranjan Gogoi said (File Photo)

The observation came after lawyer Mathews J Nedumpara mentioned the case and sought live streaming of hearing on the petitions seeking review of the top court’s verdict allowing all women inside Sabarimala temple, on January 22.

The Supreme Court had on September 28 last year said that banning the entry of women into the shrine is gender discrimination and the practice violates rights of Hindu women.





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Supreme court will hear plea of Sajjan Kumar in sikh riot case today


नई दिल्ली:

सुप्रीम कोर्ट सिख विरोधी दंगों से जुड़े एक मामले में दोषी ठहराए गए पूर्व कांग्रेस नेता सज्जन कुमार की अपील पर आज सुनवाई करेगा. दिल्ली हाईकोर्ट ने 1984 के सिख विरोधी दंगों से जुड़े एक मामले में सज्जन कुमार को दोषी ठहराते हुए उन्हें उम्रकैद की सजा सुनायी है. सज्जन कुमार ने हाईकोर्ट के इस फैसले को सुप्रीम कोर्ट में चुनौती दी है. हाई कोर्ट के फैसले के संबंध में 73 वर्षीय कुमार ने 31 दिसंबर को सुनवाई अदालत के सामने आत्मसमर्पण किया था. मामले में अपनी दोषसिद्धि के बाद कुमार ने कांग्रेस पार्टी से इस्तीफा दे दिया था.

अगर राजीव गांधी सरकार ने मान ली होती चंद्रशेखर की यह बात, तो रुक सकते थे 1984 के दंगे

बता दें कि कुमार को दिल्ली कैंटोनमेंट के राज नगर इलाके में एक-दो नवंबर 1984 को पांच सिखों की हत्या और एक गुरूद्वारा में आग लगाए जाने के मामले में दोषी करार दिया गया है. 31 अक्टूबर 1984 को तत्कालीन प्रधानमंत्री इंदिरा गांधी की हत्या के बाद सिख विरोधी दंगे हुए थे. 

1984 का सिख दंगाः कौन था वो शख्स, जिसने ‘बांध’ दिए थे राष्ट्रपति ज्ञानी जैल सिंह के हाथ, बोले- मैं मजबूर हूं

सज्जन कुमार के अलावा दोषी ठहराए जाने के बाद पूर्व विधायक कृष्ण खोखर और महेन्द्र यादव ने भी 31 दिसंबर को आत्मसमर्पण कर दिया था. दोनों को 10 साल जेल की सजा सुनाई गई है. ये दोनों उसी मामले में दोषी ठहराये गए हैं, जिसमें पूर्व कांग्रेस नेता सज्जन कुमार को ताउम्र कैद की सजा सुनाई गई है. कोर्ट द्वारा खोखर और यादव का आत्मसमर्पण का अनुरोध स्वीकार करने के बाद दोनों ने मेट्रोपोलिटन मजिस्ट्रेट अदिति गर्ग के समक्ष समर्पण किया था.

टिप्पणियां

Video: सिख विरोधी दंगे के दोषी सज्जन कुमार ने किया सरेंडर

 



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Mumbai Bus Strike Enters Fourth Day, High Court To Hear Plea Today


Over 32,000 BEST employees went on an indefinite strike on Tuesday. (File)

Mumbai: 

The BEST bus strike in Mumbai today entered the fourth day with a stalemate prevailing between striking workers and the management of the civic-run transport undertaking.

Lakhs of commuters were inconvenienced with autorickshaws, taxis and private transport buses pressed into service proving inadequate to take on the passenger load catered to by the BEST buses on a daily basis.

All eyes are now on a Public Interest Litigation (PIL) filed against the bus strike in the Bombay High Court. The court is scheduled to hear the PIL today.

Shiv Sena chief Uddhav Thackeray, whose party controls the BMC, the parent body of BEST, on Thursday held several rounds of talks with BEST union leaders in the presence of Mayor Vishwanath Mahadeshwar, BMC Commissioner Ajoy Mehta and BEST general manager Surendra Kumar but could not break the deadlock.

With the 3,200-odd bus fleet of the Brihanmumbai Electric Supply and Transport (BEST) off the roads, both Western and Central Railways ran extra services and several MSRTC buses were also deployed in the metropolis, said officials.

Over 32,000 BEST employees went on an indefinite strike on Tuesday over various demands, including higher salaries and merger of the BEST and BMC budgets.

The state government has already invoked the stringent Maharashtra Essential Services Maintenance Act (MESMA) against the striking BEST employees but the move has not been able to force workers to call off their strike.

Workers, meanwhile, said they are yet to get salaries for the month of December despite it being ten days into the new year.

Rajaram Satpute, a daily commuter from Kurla to Mahul, said, “I have been living in Mumbai for the past 40 years and I have never seen such a long BEST strike.”

“I want to ask the chief minister (Devendra Fadnavis) what he is doing in Uttar Pradesh. This is the time when he should be in Mumbai,” he said.





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5-Judge Constitution Bench Of Supreme Court To Hear Ayodhya Case Today


The dispute in Ayodhya is over 2.7 acres of land on which Babri Masjid stood before it was demolished

Lucknow: 

A five-judge Constitution Bench of the Supreme Court, headed by Chief Justice of India Ranjan Gogoi, will hear the Ayodha temple-mosque case today. It is expected to take a call on the frequency of hearings in the case. The four other judges on the Constitution Bench are Justice SA Bobde, Justice NV Ramana, Justice UU Lalit and Justice DY Chandrachud.

The decision on the title suit, pending for six decades and at the heart of India’s most politically divisive row, comes amid demands to speed up the plan to build a Ram temple at the site where the 16th-century Babri mosque stood before it was razed by Hindu right wing activists in 1992.

Members of the ruling BJP, some of its allies and right-wing groups want a special executive order or ordinance to enable the start of construction before the general elections are announced. Last year, the Supreme Court refused an early hearing in the case. If the Supreme Court, however, decides today on daily or frequent hearings in the case, it will be seen as a shot in the arm for those demanding a resolution to the issue before the Lok Sabha polls.

For the BJP, early hearing in the case would mean good news politically. In the last two years that the party has been in power in Uttar Pradesh, Chief Minister Yogi Adityanath, a Hindu priest as well, has made Ayodhya a showcase when it comes to development and tourism projects. Part of the plan is to build a massive Ram statue in the temple town that will be the world’s tallest. The BJP hopes these moves will attract votes in the general elections, especially from those among the majority Hindus who believe that a Ram temple should be constructed in Ayodhya at the earliest.

In an interview to news agency ANI at the start of the year, Prime Minister Narendra Modi made it clear that any decision on passing an executive order on the Ram temple issue cannot be made unless the judicial process is over.

“Let the judicial process be over. After the judicial process is over, whatever will be our responsibility as the government, we are ready to make all efforts… We have said in our BJP manifesto that a solution would be found to this issue under the ambit of the Constitution,” PM Modi had said.

Muslim stakeholders in the case say an early resolution is what they want too. “We welcome the five-judge bench constituted by Supreme Court. Every citizen of the country is expecting the court to hear the matter for its final verdict. We expect this issue will be settled as soon as possible,” said Khalid Rashid Firangi Mahali, a prominent Muslim cleric in Lucknow. 

The dispute in Ayodhya is over 2.7 acres of land on which the Babri Masjid stood before it was demolished on December 6, 1992. In 2010, the Allahabad High Court allotted two-thirds of the land to the Hindus and one third to the Sunni Waqf Board. Both Hindu and Muslim organisations appealed against it in the Supreme Court, which in 2011, stayed the High Court order.

In October, the Supreme Court rejected the Uttar Pradesh government’s appeal for an early hearing of the 14 petitions in the case. “We have our own priorities. Whether hearing would take place in January, March or April would be decided by an appropriate bench,” the court said.





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Top Court To Hear Plea Seeking Urgent Steps For Rescue Of Trapped Meghalaya Miners


15 miners are trapped in the rat-hole mine located in East Jaintia Hills district.

New Delhi: 

The Supreme Court on Wednesday agreed to a plea seeking urgent steps to rescue 15 miners trapped inside an illegal coal mine in Meghalaya since December 13.

The matter was mentioned for urgent listing before a bench comprising Chief Justice Ranjan Gogoi and Justice SK Kaul.

The PIL filed by Aditya N Prasad also sought a direction to the Centre and other authorities concerned to prepare a Standard Operating Procedure (SOP) for rescue operations in mining.

The rat-hole mine, located on top of a hillock fully covered with trees in East Jaintia Hills district, had got flooded when water from the nearby Lytein river gushed into it, trapping the miners.

Rat-hole mining involves digging of narrow tunnels, usually three-four feet high, for workers to enter and extract coal. The horizontal tunnels are often termed “rat holes” as each just about fits one person.

The National Disaster Response Force (NDRF) had on Thursday contradicted media reports which quoted it as saying the trapped minors were suspected to be dead on the basis of a foul odour that the force’s divers had encountered when they went inside the mine.

It had said the foul smell could be due to the stagnant water in the mine as pumping had been halted for more than 48 hours.

A survivor of the accident said on Saturday there was no way the trapped miners would come out alive.

Family members of at least seven trapped miners had already given up hope to rescue them alive and requested the government to retrieve the bodies for last rites.





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calcutta high court will hear plea of BJP over rath yatra in west bengal today


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Delhi Court To Hear Anti-Sikh Riots Case Against Sajjan Kumar Today


Sajjan Kumar allegedly addressing the crowd in Delhi in 1984 instigating the mob.

New Delhi: 

A Delhi court will today hear a 1984 anti-Sikh riots case against Congress leader Sajjan Kumar, who is accused of instigating a mob to kill Sikhs.

District Judge Poonam A Bamba is scheduled to record the statement of a key prosecution witness in the case and Kumar is directed to appear before the court.

Three persons — Kumar, Brahmanand Gupta and Ved Prakash — are facing trial on charges of murder and rioting in the case pertaining to the killing of Surjit Singh in Sultanpuri.

The witness, Cham Kaur, had on November 16 identified Kumar before the court as one who had allegedly instigated the mob to kill Sikhs.

Ms Kaur had told the court that she had seen Kumar allegedly addressing the crowd in national capital’s Sultanpuri area in 1984 that Sikhs had killed “our mother” and instigated the mob to kill them.

“On October 31, 1984 we were watching TV on the demise of Indira Gandhi. On November 1, 1984 when I stepped out to look for my goat, I saw accused Sajjan Kumar addressing the crowed and was saying ‘hamari ma maar di. Sardaro ko maar do’ (killed our mother. Kill the Sikhs),” Kaur had told the court.

She had further said the next morning, they were attacked in which her son and her father were killed.

“My son Kapoor Singh and my father Sardarji Singh were pulled out of the hiding place on second floor, beaten badly and were thrown down from the roof,” she had said, adding that she herself received injuries in the attack.

During the proceedings, Kaur had also identified Kumar, who was present in the court.

“I could recognise the accused Sajjan Kumar, as we used to visit him for getting help in making ration card, passport. We used to visit the accused for getting the papers stamps as he was the MP/MLA,” she had said.

Before Kaur, another key prosecution witness Sheela Kaur had identified Kumar as the one who had instigated the mob in Sultanpuri.

The case was transferred from the Karkardooma court to the Patiala House court here by the Delhi High Court, which had directed the district judge to video record the proceedings at the cost of the accused.

Kumar and two other accused, Brahmanand Gupta and Ved Prakash, had said that they were ready to bear the expenses of the videography of proceedings.

The proceedings in the case were earlier stayed after the victim and complainant Joginder Singh approached the High Court seeking transfer of the case while alleging that evidence was not being properly recorded.

The Delhi High Court had on December 17 convicted Kumar and sentenced to imprisonment for “remainder of his natural life” in another 1984 anti-Sikh riots case, saying the riots were a “crime against humanity” perpetrated by those who enjoyed “political patronage” and aided by an “indifferent” law enforcement agency.





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