Red Beacon : Ambulance Stopped By Court Officials, Kills the Patient

The recent incident following the Supreme Court ruling to minimize the use of red beacon has caused a stir in the nation. The recent event happened in Seelu, Sopore Area where the ambulance was stopped for close to 30 minutes asking the driver to remove the beacon light. The delay resulted in death of 80 year old heart patient.

The family of Abdul Rehman Dar alleged that traffic cops stopped the ambulance at Seelu in Sopore area over the use of red beacon and siren on Tuesday while he was being taken to SKIMS hospital Srinagar from north Kashmir after suffering a heart attack.

Although the primary report came in that the ambulance was stopped by cops but later on investigation conducted by Chief Minister Omar Abdullah, it was found that the van was stopped by a mobile magistrate following the SC ruling.

The initial reaction of the chief minister was "bloody mindless act" and he later followed upon twitter that this issue will be taken to the high court.

We respect Omar Abdullah to step into the act and to clear the air, we are sure that the 'mindless' people involved will be brought to law and tried justly.

Source: MSN News   IMAGE : Reuters

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- Unknown Updated at: Thursday, December 12, 2013

Supreme Court Instructs For Implementation Of Negative Voting, Advises Election Commission

New Delhi: In a landmark judgement, the Supreme Court on Friday gave the citizens of India the right to reject all candidates in elections.

Hearing a petition filed by the People's Union for Civil Liberties, an NGO, the apex court ruled that the Electronic Voting Machines or EVMs should have a button that will allow the voters to choose "none of the above" option.

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The bench of Chief Justice P Sathasivam, Justice Ranjana Prakash Desai and Justice Ranjan Gogoi said that voters should be allowed to reject all candidates standing in an election in his/her constituency.

"Negative voting would foster purity and vibrancy in elections," the court said.

"Negative voting would lead to systemic change in polls and political parties will be forced to project clean candidates," the bench added.

"If right to vote is statutory right, right to reject candidate is fundamental right of speech and expression under Constitution," the court stated further.

The judgement will be implemented immediately, and the "none of the above" option will be included in EVMs and ballot papers to be used in the upcoming state Assembly Elections later this year.

The SC has also instructed the Election Commission to spread the message among voters.

The apex court bench of Justice BN Agrawal (since retired) and Justice GS Singhvi by their February 23, 2009 judgment while referring the matter to a larger bench had framed two questions for the court to examine "whether the right of voter to exercise his choice for the candidate is a necessary concomitant of the voter's freedom of expression guaranteed under Article 19(1)(a) of the Constitution".

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The court on the second aspect had said, "We are further of the view that width and amplitude of the power of the (Election) Commission under Article 324 needs further consideration by a larger Bench in the light of the (earlier) judgments of this court whereby the elector's right to be informed about the assets and antecedents of the persons seeking election to the legislature has been duly recognized".

While the judgement is historic, it will have little impact on the outcome of an election as negative votes will only be recorded on EVMs but not counted.

Those in favour of negative voting have been demanding that re-election should be ordered in a constituency where more than 50 per cent of the voters reject all candidates. At present, the law doesn't allow that.

In the past, the Election Commission has also backed negative voting.

The governments had however been reluctant to implement the same.

As per current rules, a voter can choose to cast a "negative vote" by going to the polling booth, sign on the register, but not vote.

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- Unknown Updated at: Friday, September 27, 2013

BJP Opposes President From Signing The Non Constitutional Ordinance

New Delhi: An ordinance hurriedly approved by the cabinet on Tuesday, to protect convicted MPs and MLAs from disqualification, has sparked off another political confrontation between the government and the opposition.

The Bharatiya Janata Party (BJP) has asked President Pranab Mukherjee not to sign the ordinance, which skirts around a Supreme Court order that had said lawmakers will stand disqualified immediately after conviction.

"The President is not obliged to sign an ordinance that is unconstitutional. We oppose this ordinance," tweeted BJP's Sushma Swaraj, the Leader of Opposition in the Lok Sabha.

In response, Union Information and Broadcasting Minister Manish Tewari tweeted this morning that the BJP leader's advice was "amusing, surprising."

"The Constitutionality or otherwise of legal enactments are tested in Constitutional courts and not in the BJP's moat. Unsolicited advice is neither appreciated nor taken seriously," Mr Tewari said cuttingly.

The ordinance, which allows convicted MPs and MLAs to stay on, but without voting rights or salary, comes just ahead of a possible verdict by a Jharkhand court on the multi-crore fodder scam allegedly involving Rashtriya Janata Dal (RJD) chief Lalu Yadav, a loyal ally of the minority Manmohan Singh government.

If convicted, Mr Yadav faces disqualification from the Lok Sabha under the Supreme Court order of July, which said lawmakers could not stay on even if they appealed to a higher court against their conviction.

The ordinance is also likely to benefit Congress MP Rashid Masood, who was convicted last week in a corruption case. The CBI court will announce quantum of punishment next month and even if he is handed a jail term of more than two years, he will now not face immediate disqualification from the Rajya Sabha.

Law Minister Kapil Sibal has however clarified to NDTV that under the ordinance, protection from disqualification will apply only when the convicted MP or MLA has appealed in a higher court and the higher court has stayed the lower court's conviction.

The ordinance also does not interfere with the Supreme Court ruling that the convicted legislator cannot contest elections unless permitted by a higher court.

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- Unknown Updated at: Wednesday, September 25, 2013

Aadhar Not Mandatory Confirms Supreme Court Of India

New Delhi: In a significant development, the Supreme Court on Monday ruled that Aadhar cards are not mandatory even as various state governments insist on making it compulsory for a range of formalities, including marriage registration, disbursal of salaries and provident fund among other public services.

A bench of Justices BS Chauhan and SA Bobde said, "The Centre and state governments must not insist on Aadhar cards from citizens before providing them essential services."

The apex court also directed the central and the state governments not to issue the Aadhar cards to illegal immigrants.

The apex court, while trashing the Centre's claim of Rs 50,000 crore expenses on the UIDAI project, said that Aadhar card is not necessary for important services.

The apex court passed the order in response to a PIL pleading it to examine the "voluntary" nature of the Aadhaar cards. The PIL was filed by Justice KS Puttaswamy, a retired judge of the Karnataka High Court recently.

In the PIL the petitioner had also sought an immediate stay on the implementation of the scheme.

"The scheme is complete infraction of Fundamental Rights under Articles 14 (right to equality) and 21 (right to life and liberty). The government claims that the scheme is voluntary but it is not so. Aadhaar is being made mandatory for purposes like registration of marriages and others. Maharashtra government has recently said no marriage will be registered if parties don't have Aadhaar cards," the petitioner said.

The petitioner asserted that the issue required a meticulous judicial examination by the Bench since it raised questions not only over the government's authority to implement the scheme, but also highlighted the perils of the manner of its implementation.

The Bench accepted his arguments and agreed to hear his contentions on the interim stay as well on Sep 23 while asking the centre and state governments to file their replies.

In its reply, the Centre had earlier claimed that for an Aadhaar card, consent of an individual was indispensable and hence it was a voluntary project, with an objective to promote inclusion and benefits of the marginalised sections of the society that has no formal identity proof.

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- Unknown Updated at: Tuesday, September 24, 2013

Honor Killing : Lovers Beheaded, No Regrets Says Father Who Killed His Daughter

Rohtak: Two days after a girl was lynched by her own family and a boy publicly beheaded, a conspiracy of silence is heavy in Haryana's village Gharnavati, 80 km from the capital.

As police personnel roam the village, no one is willing to talk or testify against the girl's parents and brother, who are now in jail.

"I have no regrets. I'll do it again if I have to," said Billu, the remorseless father of Nidhi Barak, 20, who was beaten to death.

The parents of Dharmender Barak, 23, will not file a case against those who murdered their son - they say the pair got what they deserved.

Nidhi and Dharmender eloped on Tuesday, knowing their families would never consent to their relationship as they belonged to the same village.

On Wednesday, the young lovers returned to the village, convinced by Nidhi's family that they would not be harmed.

At Nidhi's home, her father, brother and uncle allegedly killed her first, before turning on Dharmender.

Using farming tools, they allegedly broke his arms and legs, stabbed him repeatedly and beheaded him. Dharmender's headless body was dumped outside his home in the same village. Inside, his family had refused to come out and help him.

Seven members of Nidhi's family are believed to be involved in this shocking example of medieval-style killings in the name of 'family honour' in Chief Minister Bhupinder Singh Hooda's hometown.

Nidhi's family runs a thriving dog-breeding business and is said to be influential in those parts. Dharmendra came from a family of poor farmers. They met three years ago as college students in Rohtak, where Nidhi was studying fine arts and Dharmender was pursuing a technical course.

When a police team, alerted by a villager, arrived, Nidhi's family was trying to cremate her. The police retrieved the girl's half-burnt remains and the boy's body.

Several such young couples have been murdered in villages of Haryana bound by the diktats of lawless, but politically influential 'Khap panchayats' who forbid marriages within the same village or same caste.

In 2011, the Supreme Court had said those behind such killings should face the death penalty.

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- Unknown Updated at: Friday, September 20, 2013

Supreme Court Holds Off MCI from conducting NEET

NEW DELHI: The Supreme Court on Thursday quashed the National Eligibility cum Entrance Test (NEET) for admission in medical colleges.

The NEET is a single entrance-cum-eligibility-test for admission in all medical colleges in India.

By a two to one majority, the apex court held that the Medical Council of India had no powers to conduct single entrance examination and force it on government and private medical colleges.

The admission already made through NEET this year will not be disturbed, said Chief Justice Altamash Kabir and justice Vikramjit Sen, who formed majority in a 3-judge bench.

Justice A R Dave dissented, saying the NEET was valid and it was good for the students and society at large.

The court's decision came on 115 petitions challenging the MCI notification on NEET for admission to MBBS and post-graduate medical courses conducted in colleges across the country.

On May 13, the court had lifted the bar on declaration of results of examinations that had already been conducted and said the admission process could go ahead.

It had modified its December 13, 2012 order by which it had stated that MCI, Dental Council of India, as well as the states, universities and other institutions, will be entitled to conduct their respective examinations for MBBS, BDS and post-graduate courses but shall not declare their results until further orders.

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- Unknown Updated at: Thursday, July 18, 2013

India : CBI Independence, CM, CJI and Oppn. Leader to select bureau chief

Listing measures to insulate the CBI from "external influences and intrusion", the Centre told the Supreme Court Wednesday that the CBI director would be appointed on the recommendation of a three-member panel — headed by the Prime Minister and including the Leader of Opposition in the Lok Sabha and the Chief Justice of India or a nominated judge — for a period of "not less than two years".

The government, in its affidavit, said the CBI director shall not be transferred without the consent of this selection committee. It also proposed that only the President would have the authority to remove or suspend the director, on a reference by the Central Vigilance Commissioner (CVC) of his "misbehaviour or incapacity".

The affidavit, which will be considered by the SC on July 10, said while the CVC would have the power of superintendence and administration over the CBI for cases to be probed under the Prevention of Corruption Act, the Centre would be vested with the power in other matters.

While the Cabinet-approved amendments have not changed the minimum tenure guarantee for the CBI director — the 2003 CVC Act also assured a minimum stint of two years — the appointment procedure is set to see a major concession. The practice so far has been to appoint the director on the recommendation of a committee comprising the CVC, vigilance commissioners, MHA secretary in-charge, and secretary, coordination and public grievances. This committee has to take into consideration the views of the outgoing director and then recommend a panel of eligible IPS officers for appointment.

As per the suggested amendments to the Delhi Special Police Establishment Act, the Centre has sought to do away with the requirement to seek the outgoing director's views, and also wants the selection committee to recommend only one officer.

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- Unknown Updated at: Thursday, July 04, 2013

No connections with Dawood - Pleads Sanjay Dutt

Sanjay Dutt, who was arrested in 1993 for illegal possession of arms and had also imprisoned for the same was putting up an appeal at the Supreme Court Of India against the lower court verdict to have six year imprisonment for illegal possession of arms and his alleged terrorist links. The actor was accused of having relationship and friendship with the Don Dawood Ibrahim. 

Sanjay Dutt in a confession statement produced to the court by his counsel Harish Salve, mentioned that he had met Dawood once for a dinner party but otherwise, he has no relationships with the Dawood and the details produced were incorrect. 

Salve argued before a bench of Justices P Sathasivam and B S Chauhan that the trial in a TADA court robbed Sanjay of the common law benefits for an accused as the anti-terror law took confessional statements as eviden-ce without seeking corrob-orative material to prove the offence.

"This was a pure and simple act of panic which should have been tried under Arms Act," Salve said, clarifying that Sanjay had never claimed that he was never ever friendly with underworld don Dawood Ibrahim, the alleged mastermind of the serial blasts.

"Sanjay had said he had attended a dinner at Dawood's place but had never claimed friendship with him. Sanjay's friends in the film industry used to boast of their friendship with (gangster) Tiger Memon." added Salve. The counsel also mentioned how Bollywood was linked with underworld during the dark era and Sanjay was just a victim of panic during the hours!

"Applying provisions of TADA to evaluate the confessional statements by co-accused robbed him of the opportunity to point out the inherent contradictions in them. Had common law principle of weighing evidence been applied to Sanjay's case, he would have been absolved of all charges," Salve said.

"That is because no trace of the AK-56 rifle was fou-nd on him. What was found on him was a pistol procured in September 1992 which at best could have been a minor offence under the Arms Act," he said.

Sanjay was convicted on July 31, 2007, for possessing a prohibited weapon in a case related to 1993 Mumbai blasts and was sentenced to six years' imprisonment. He has already undergone imprisonment for 16 months and was granted bail by the apex court on August 20, 2007.

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- Unknown Updated at: Wednesday, August 15, 2012

Aarakshan wins battle at SC!

After the fight against Uttar Pradesh government, who did ban the movie from being screened in Uttar Pradesh, the makers of Aarakshan has got victory when the Supreme Court of India did lift the ban on the movie earlier today. The court mentioned that the Government of Uttar Pradesh had no right to stop the screening of movie mentioning the disruption of peace in the state. 

The bench of Justice M Sharma and Justice Anil R Dave did mention that the government of Uttar Pradesh can also not delete any portions of the movie as this will be breach to the censor board. Also the court pointed out the fact that when the Central Board of Film Certification did clear the movie for screening there arises no right to any state governments to stop the screening.

The court also dismissed the allegations by the Uttar Pradesh government that the caste issue was a delicate area and breach to which could cause major law & order situation, the court mentioned as a reply that the movie was still being screened across the country and including the states which are sensitive to reservation issues, so there shouldn't be any possible issues with the movie.

The movie stars Amitabh Bachchan, Saif Ali Khan, Manoj Bajpayee and Deepika Padukone 

Disclaimer : The images courtesy is to the respective websites and we do not claim the ownership here! The views and comments are copyrighted to IndianViolets Ltd.

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- Unknown Updated at: Friday, August 19, 2011