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Shashi Tharoor starts change.org petition to decriminalise homosexuality after setback in Parliament

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Tharoor took to Twitter to share the link to the petition where he requests everyone to sign the petition as the Parliament refused to discuss his proposed Bill.
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dna Research & Archives
After Shashi Tharoor’s private member bill seeking to decriminalise homosexuality was voted out by Lok Sabha last week, the Congress MP has circulated a petition regarding the same.Tharoor took to Twitter to share the link to the petition where he requests everyone to sign the petition as the Parliament refused to discuss his proposed Bill.The petition has been directed to Prime Minister Narendra Modi and makes several statements against Article 377 of IPC.”Your sexual preferences, sexuality, and partner should be your choice. Unfortunately Indian law doesn’t think so. Section 377 of the Indian Penal Code gives the state the authority to investigate what’s happening in your bedroom,” is how the petition begins.It goes on to say that the Section 377 is a law that can be used to oppress and harass; it also states that Section 377 is an ‘outdated bill based on Victorian morals’. It asks the people to sign the petition to ‘show the Prime Minister that Indians want Section 377 to be amended.’On December 18, the introduction of the bill seeking to “substitute a new section for section 377 of the IPC” was objected to by BJP member Nishikant Dubey when Tharoor moved it for introduction. Tharoor, however, insisted on going ahead with the introduction of the Bill arguing that Dubey was quoting only “partially” from the Supreme Court judgement. Tharoor pressed for division of votes in which the motion was negated by 71 ‘Noes’ against 24 ‘yes’.The former Union Minister said he “will move the Bill again when the session is convened next to ensure individual privacy is possible”. The bulk of the votes opposing “even the introduction of the Bill” came from BJP, claimed Tharoor, although he also noted that there were “some members” of the ruling party who “seemed to have” voted to allow him to introduce it.

Government to start recovery process from May 22 next year

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Stating that there was corruption of Rs1,088 crore in Maharashtra State Cooperative Bank, minister for cooperation Chandrakant Patil announced that procedure for recovery from the involved directors, including several politicians would be started from May 22, 2016.Patil informed the House that there are 77 persons who are involved in the irregularities which have been proved to be worth Rs1,088 crore. “There are leaders, including Ajit Pawar, Vijay Vadettiwar, Vijaysinh Mohite-Patil, Prasad Tanpure, Ramprasad Bordika, Tukaram Dighole and others who are involved in the scam,” said Patil.<!– Dna_Article_Middle_300x250_BTF –>The minister was responding to call attention motion moved by BJP MLA Anil Gote who had raised the issue of corruption in the states apex bank. Gote had asked whether the cooperative department was not getting cooperation from the bank while conducting inquiry.While minister of state for cooperation Dada Bhuse informed that the action would be taken against bank employees who have not cooperated with the inquiry, Patil informed the state assembly that the inquiry was going on under Section 88 of the Cooperatives Act and the two-year limit of the inquiry is coming to an end on May 22, 2016.Patil informed that after May 22, 2016, the government would start the procedure of recovering the money by taking appropriate action against these individuals.

You may have to cough up a fine of Rs 2,000 for violating Delhi’s odd-even rule

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The Delhi government had recently asked the department to prepare a proposal to finalise the penalty that will have to be paid for the violation of odd-even rules.
File Photo
PTI
Delhiites may have to cough up a fine of Rs 2,000 for violating the odd-even rule as the AAP government’s transport department has proposed a penalty scheme during the 15-day trial period of road-rationing experiment starting January 1. Sources said that the final proposal has been submitted to the government and Chief Minister Arvind Kejriwal will soon take a final call on this issue.The Delhi government had recently asked the department to prepare a proposal to finalise the penalty that will have to be paid for the violation of odd-even rules.<!– Dna_Article_Middle_300x250_BTF –>As per the transport department’s proposal, under Section 115 of Motor Vehicle Act, government has powers to restrict the use of vehicles and the violation of this rule would entail punishment of Rs 2,000 as prescribed under Section 194 of the Act, said an official.”A proposal of imposing a fine of Rs 2,000 for violating odd-even rules has been sent to government. CM will take a decision in a review meeting soon to be held on odd-even scheme. Once government gives its nod to proposal, it will be sent to Lt Governor for his approval,” a source said.They also said that government was also contemplating to give special powers to the traffic police, as it was delegated during Commonwealth Games 2010 to implement the odd-even formula so that cops can “strictly” prosecute drivers.To curb rising pollution level in the national capital, the AAP government has decided to introduce odd-even scheme to be implemented starting January 1. Government will install remote censor cameras on some roads to access traffic loads during this scheme.According to the government’s plan, it will run 6,000 additional buses to accommodate numbers of passengers after the implementation of odd-even scheme.

Section 377: Shashi Tharoor sees ‘intolerance’ in BJP over rejection of Bill

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The introduction of the private members’ Bill, which sought amendment to the IPC by seeking to “substitute a new section for Section 377”, was objected to by BJP member Nishikant Dubey, who said he was opposing it not because of any religion, vedas or ‘puranas’ but because of the Supreme Court judgement.

Congress MP Shashi Tharoor on Friday saw “intolerance” among a section of the ruling BJP after his move to introduce a Bill for decriminalising homosexuality was rejected in Lok Sabha.The introduction of the private members’ Bill, which sought amendment to the IPC by seeking to “substitute a new section for Section 377”, was objected to by BJP member Nishikant Dubey, who said he was opposing it not because of any religion, vedas or ‘puranas’ but because of the Supreme Court judgement. Reacting to the development, Tharoor said, “It strikes me as extremely intolerant because at this stage, it’s a very routine procedure.<!– Dna_Article_Middle_300x250_BTF –>”I begged to introduce the Bill. It is extremely unfortunate for a Bill to be rejected, even for introduction and it shows, I am sorry to say, the degree of intolerance that exists in sections of our ruling party.” The Congress leader and former Union Minister said he “will move the Bill again when the session is convened next to ensure individual privacy is possible”. The bulk of the votes opposing “even the introduction of the Bill” came from BJP, claimed Tharoor, although he also noted that there were “some members” of the ruling party who “seemed to have” voted to allow him to introduce it.The opposition MP said he proposed to amend Section 377 of IPC in order to de-criminalise homosexuality in the wake of the Supreme Court judgement in this connection. The apex court had in 2013 overruled a 2009 decision by Delhi High Court striking down the section and said that it was for the Parliament to decide whether to amend or delete it and not the judiciary. Saying that “it is not the government’s responsibility to decide how people behave in their private life”, the Thiruvananthapuram MP said, “I have not proposed the deletion; I have just proposed amendment and the purpose of the same is to ensure consensual sex between consenting adults will be legally possible. That is, we will keep the government out of our bedroom.”There is a need now to look “very, very critically” at how the public sees this issue, he further averred while seeking a public debate on the issue. “That there are so many people in the ruling party present on the government benches who are expressing their intolerance and homophobia in this manner is very revelatory,” he charged. “After all, what we are talking about is human freedom, human privacy, human dignity,” he added.Tharoor expressed confidence that if the public starts “waking up” to the reality of what is being discussed and what is at stake, he will have at least succeeded in “raising” consciousness about the issue.”In that spirit, today’s defeat will still be a victory for the cause of justice and freedom in our country,” he said.Two other Bills moved by Tharoor, for amending Section 124A of IPC, that covers sedition, and the National Asylum and Refugee Bill, which favours the extension of rights to foreign nationals, were allowed to be introduced in the House.

India MP seeks to decriminalise gay sex

Indian MP Shashi Tharoor is due to introduce a bill in parliament to decriminalise gay sex.

Onus of running Parliament smoothly on govt as well: Shashi Tharoor

Speaking to media, Tharoor said there will be constructive response from Opposition parties only if the government reached out to them in a “constructive way”.
File Photo
dna Research & Archives
Stating that Congress cannot be blamed for the logjam in Parliament, party leader Shashi Tharoor on Wednesday said the onus of ensuring its smooth functioning was “as much” on the government as he asked the Narendra Modi dispensation to take the party’s concerns “very seriously”.Speaking to media, Tharoor said there will be constructive response from Opposition parties only if the government reached out to them in a “constructive way”. At a time when Congress is up in arms against the government, Tharoor will on Friday introduce three private members bills seeking to amend Section RPT Section 377 of IPC to de-criminalise homosexuality, offering rights to foreign nationals seeking asylum in India and amending Section 124A of IPC to ensure that the sedition term is not misused.<!– Dna_Article_Middle_300x250_BTF –>”The political responsibility of disruption should not be placed only on the opposition party or parties that are disrupting. The political responsibility goes as much to the government, its Parliamentary management and the overall attitude of the government to the opposition parties and the nation,” he said.”My own view very much is that many of the concerns that the Congress party has been articulating inside and outside the Parliament, including those made today in the meeting with the President, should be taken very seriously by the ruling party,” the Congress leader added.Defending Congress, the Parliamentarian said the party believed in debates and has “more talented” debaters than the government has on the treasury benches. He also reminded that the first session after the NDA government came into being had seen 105 per cent business.”So, what the Congress party has been saying, and I speak privately, I am not a spokesperson of the party… The Congress party has been saying understandably is that in our country there is an onus in the Parliamentary system on the government to make the Parliament run. And that means reaching out to the opposition in a constructive way. And when they do so, there will be constructive response,” he said.On him presenting the bills at a time when the Congress is being accused of disruptions, Tharoor said him introducing the bills in private capacity was very much in sync with his party’s stand.”Even though my party’s concerns which we have been articulating inside and outside the House are well known… Last Friday afternoon, the party did not object to the discussion on private member bills going ahead. “And in fact, some Congress members had introduced private members bills last time. Therefore, I do not believe that I have been out of sync,” he added.

Rahul Gandhi prefers jail in National Herald case: Congress sources

Congress vice-president Rahul Gandhi talks to mediapersons at Parliament during the ongoing Winter session in New Delhi on Wednesday.

PTI
Congress vice-president Rahul Gandhi prefers jail in the National Herald case and will not take bail or even sign a personal bond on December 19, say party sources.This strategy has been approved even by his mother and party president Sonia Gandhi, a source said. She has given the go-ahead as the party believes that no crime has been committed and it would also create a sympathy wave and highlight Prime Minister Narendra Modi’s “vindictiveness” not only against the Congress but all his opponents.However, Sonia will file for a bail bond because of her fragile health. The five other accused, including 86-year old treasurer Motilal Vora, will also do so, said sources.<!– Dna_Article_Middle_300x250_BTF –>On December 19, Rahul, along with his mother, will appear before a metropolitan magistrate here.Soon after returning from Tamil Nadu, Rahul outlined his party’s strategy: to highlight the “political vendetta” of the government to garner sympathy. Coming out of Parliament on Wednesday, Rahul Gandhi said: “It’s 100% political vendetta coming out of the PM’s Office. It is their way of doing politics. We have full faith in the judiciary (to come clean in the National Herald case).”In a massive blow to Sonia and Rahul, the Delhi high court had on Monday dismissed their pleas challenging the summons issued to them in the National Herald case, in which they have to appear before the trial court. The court observed that the actions of Congress office-bearers named in the case “smack of criminality”.BJP leader Dr Subramanian Swamy had filed a criminal case of cheating and misappropriation against them in February last year for allegedly usurping the defunct English daily National Herald’s owner Associated Journals Limited’s (AJL) property worth crores of rupees by forming a company in the name of Young India Limited.Senior advocates and party leaders Abhishek Manu Singhvi and Kapil Sibal on Wednesday evening briefed the Congress MPs of both the Houses for an hour about the case in the Parliament House Annexe, assuring them not to be worried as there is “zero criminality” involved in the case since there has been “no cheating” as alleged by Dr Swamy because he has not shown who has been cheated.Asked by MPs why they did not rush to the Supreme Court after a single-judge bench of the Delhi high court dismissed the case, the duo said they would wait for the outcome of the first date in the trial court of the metropolitan magistrate and then move the apex court against the high court judgment, which is full of errors as the judge even went to endorse Dr Swamy’s reliance on a Bill still pending in Parliament for amending the Companies Act that proposes to change Section 8 to allow restructuring of companies.Singhvi said that even if a Section 25 charitable company is dissolved, its assets can only go to another Section 25 company and not to anybody else Meanwhile, Rahul Gandhi and Opposition leader in the Rajya Sabha, Ghulam Nabi Azad, and Congress group leader in the Lok Sabha, Mallikarjun Kharge, made it clear that the Congress has “no grudge” against the judiciary, but was protesting against the government’s “policy of vindictiveness”.Kharge got the opportunity, after a lot of struggle with Lok Sabha Speaker Sumitra Mahajan, to lash out at the government for the “policy of suppression to harass the opposition leaders and frighten them”.Azad said that Dr Swamy, who had filed the case against the Gandhis, had also taken the matter to the Enforcement Directorate but its then chief was summarily removed after he gave a report to the government in August that there is no case of money-laundering.Rajan S Katoch (59), a 1979 batch IAS officer of Madhya Pradesh cadre, who was given the third extension in June till to October was summarily removed after Dr Swamy alleged that he favoured Gandhis.

Tamil Nadu govt does not have power to release Rajiv Gandhi’s killers: Supreme Court

New Delhi: Dampening hopes of release for the killers of former Prime Minister Rajiv Gandhi, the Supreme Court on Wednesday ruled that the Centre has “primacy” over states’ right to grant remission and referred the issue of clemency for the assassins to a three-judge bench.

Virtually overturning the Tamil Nadu government’s clemency decision, it also said the state governments must secure “concurrence” of the Union government before freeing convicts in certain cases.

Representational image. ReutersRepresentational image. Reuters

Representational image. Reuters

A five-judge bench, which settled questions arising out of Tamil Nadu government’s decision to free Gandhi’s assassins, dealt elaborately with the situations where the Centre will prevail over states’ decision to grant remission which included cases where their powers are coextensive, where trial has been held under central laws or conducted by agencies like CBI, or when they pertain to death penalty.

The Constitution bench headed by Chief Justice H L Dattu, who demitted office today, also said that states cannot exercise “suo motu” the power to grant remission without any specific plea from the convicts.

“Having regard to the principles culled out in paragraph…, it is imperative that it is always safe and appropriate to hold that in those situations covered by sub-clauses (a) to (c) of Section 435(1) falling within the jurisdiction of the Central Government it will assume primacy and consequently the process of ‘Consultation’ in reality be held as the requirement of ‘Concurrence’,” the court said in its 258 page verdict.

The bench, also comprising justices F M I Kalifulla, P C Ghosh, A M Sapre and U U Lalit, was unanimous in answering all questions referred to it by a smaller bench, except one which related to the issue whether courts can quantify jail term in offences and consequently stop the states from remitting sentences in certain cases under the Code of Criminal Procedure.

The bench also ordered that the case relating to the grant of remission to the killers of Gandhi be sent to a three-judge bench to deal with it in pursuance of guidelines laid down in the judgement.

“Now that we have answered the Reference in the matters, the matters will now be listed before an appropriate three learned Judges’ Bench for appropriate orders and directions in the light of the majority Judgement of this Court,” the Chief Justice said.

The court dealt extensively with questions as to whether the Section 432(7) of CrPC gives “primacy” to the Centre over states where either of two can exercise the power of remission and whether there can be two appropriate governments in a given case under the provision.

“The status of appropriate government, whether Union or the State Government, will depend upon the order of sentence passed by the Criminal Court as has been stipulated in Section 432(6)

“…..and, in the event of specific Executive Power conferred on the Centre under a law made by Parliament or under the Constitution itself, then in the event of conviction and sentence covered by the said law of Parliament or the provisions of the Constitution even if the Legislature of the State is also empowered to make a law on the same subject and coextensive, the Appropriate Government will be the Union Government having regard to the prescription contained in the proviso to Article 73(1)(a) of the Constitution,” it said.

The court dealt with instances where cases are registered under either state laws or the central laws and laid down the test to determine as to who will prevail and under which circumstances.

“The definition, therefore, makes it clear that insofar as it relates to commutation of death sentence, the Appropriate Government is the Central Government. That apart, if the sentence of death or life is for an offence against any law relating to a matter to which the Executive Power of the Union extends, then again, the ‘Appropriate Government’ is the Central Government,” it said.

Applying the principle stated in an apex court decision, the bench said that in other words, cases which fall within “the four corners of Section 432(7)(a) by virtue of specific Executive Power conferred on the Centre”, the Union government will have the “primacy” and would be treated as “appropriate government” having power to grant remission.

“Barring cases falling under Section 432(7)(a), in all other cases where the offender is sentenced or the sentence order is passed within the territorial jurisdiction of the concerned State, the state government,” it said. The apex court had on February 20 last year stayed the Tamil Nadu government’s decision to release three convicts -Murugan, Santhan and Arivu, whose death sentence had been commuted to life term by it two days before. The Supreme Court had later also stayed the release of four other convicts — Nalini, Robert Pious, Jayakumar and Ravichandran, saying there were procedural lapses on part of the state government.

Santhan, Murugan and Arivu are currently lodged in the Central Prison, Vellore. The other four are also undergoing life sentence for their role in Gandhi’s assassination on May 21, 1991 in Sriperumbudur, Tamil Nadu.

The Center had asserted that the killers of former Prime Minister Rajiv Gandhi did nor deserve any mercy as the assassination was the result of a conspiracy involving foreign nationals.

The Tamil Nadu government, on other had, had asserted the states have power to grant remission under the law and trashed accusations that its decision to release the seven convicts was “political and arbitrary”.

PTI

A faint rainbow emerges: Politicians and political parties express support for LGBTQI rights, push to repeal Sec 377

In times when we are vehemently discussing ‘intolerance’ in the country, the LGBTQI rights have oft been given the raw end of the deal in debates and discussion. But the movement in the country got a fresh and positive push in the right direction. Union Finance Minister, Arun Jaitley, speaking at the Times LitFest on 28 November said that the Supreme Court’s ruling on criminalising homosexual relations need to be reconsidered as such laws “were not in sync with the jurisprudential development on gay rights world over,” reported The Times of India.

Finance Minister Arun Jaitley. ReutersFinance Minister Arun Jaitley. Reuters

Union Finance Minister Arun Jaitley. Reuters

The paper quoted him saying, “The court was not dealing with any personal law and was on the issue of order of nature and the Delhi high court has held that it was not an offence. The SC took a very conservative approach on the issue and the judgment needs to be reconsidered.”

While he made statements in his ‘personal capacity’, political parties like Aad Aadmi Party and the Left vociferously supported the rights of the LGBTQI community and said that they were in support of repealing the Section 377 of the Indian Penal Code which criminalises homosexual relations. P Chidambaram also said that the Delhi High Court verdict decriminalising gay sex was “wonderful” and that the Supreme Court should have upheld it, according to The Times of India.

Jaitley’s remarkable statements ring true, India with its negative outlook on homosexuality, where it is marked as a ‘criminal offence’ places the country in the group along with countries like Saudi Arabia, Sudan, Iran and Yemen. According to The Independent, these countries invoke the death penalty for homosexuals.

In 2012, the government submitted data to the apex court putting the number of homosexuals in India at 25 lakh, of these, 7 percent were HIV positive, according to The Hindu. The government also submitted that criminalising homosexuality could lead to fewer men and women coming out and seeking medical help in terms of HIV.

In response to Jaitley’s progressive remarks, Subramanian Swamy took to Twitter and said:

Twitterati’s did not take his statements well and egged him on,

Subramanian Swamy and his statements aside, the LGBTQI rights movement appeals to the very basic tenets of our Constitution that guarantees fundamental rights to all citizens of the country. However, as far as the right to belong to any sexual orientation and freely practice said affiliations are crushed by the weight of morality that is subscribed a section of people in the country. And this very subscription being prescribed to the rest of the country is problematic and goes against the very grain of our Constitution.

It is heartening to see politicians who usually are at loggerheads with each other about ideologies and philosophies, are rising to the occassion to stand in favour of what can only be described as a draconian and irrelevant law in these times. Shouldn’t laws understand the needs of the people it seeks to protect?

In the US, gay marriage was only recently legalised, perhaps we can aspire towards that goal by decriminalising a person’s sense of identity — his/her sexual orientation. Our laws need to further themselves from the heteronormativity that has been prevailing since the times they were formulated in.

Congress MP Shashi Tharoor to move Bill on Section 377

After the LGBT community on Sunday demanded a discussion in the Parliament on Section 377 of the Indian Penal Code (IPC), saying it should be dismissed, senior Congress MP said that he would introduce a private member’s bill in Parliament.

Shashi Tharoor

After the LGBT community on Sunday demanded a discussion in the Parliament on Section 377 of the Indian Penal Code (IPC), saying it should be dismissed, senior Congress MP said that he would introduce a private member’s bill in Parliament.Taking to micro blogging site, Congress leader Shashi Tharoor said, “Back in Delhi for Parliament, heard about huge LGBT Pride rally today. Time to #Scrap377. I am introducing a PvtMember’sBill in Parliament.”<!– Dna_Article_Middle_300x250_BTF –>He further added, “My bill to decriminalize consensual sex between adults of any gender was submitted ten days ago to Parliament. Hope it will be admitted4discn.”However, when he was asked for the text of the bill, Tharoor tweeted , “For all those asking: it would be a breach of Parliamentary practice to reveal the text of my bill to #Scrap377 until it has been introduced.”Transgender rights activist Laxmi Tripathi told ANI, “Section 377 must be discussed in the Parliament. It should not be considered on morality value, but as a human and constitutional right. Section 377 should be dismissed.”Hundreds of gay rights activists on Sunday danced to drum beats and held colourful balloons as they marched in the ‘Queer Pride Parade’ in Delhi, celebrating the diversity of gender and sexuality.Speaking at the Times Lit Fest , Finance Minister Arun Jaitley had said that the apex court should not have reversed the Delhi High Court order de-criminalising consensual sex among homosexuals.”When you have millions of people involved in this (homosexuality) you can’t nudge them off,” Jaitley said.In December 2013, the Supreme Court had overturned the Delhi High Court’s July 2009 judgement, which had declared Section 377 as unconstitutional.The apex court had stated that amending or revoking Section 377 should be a matter left to the Parliament and not the judiciary.Section 377 of the Indian Penal Code criminalises homosexual acts, stating it is ‘against the order of nature’.

Mumbai gangrape: Woman files FIR after video of her niece emerges on WhatsApp

A 15-year-old girl was gangraped by her friend and three others over a fortnight ago. The details of the crime emerged after the girl’s aunt received a video clip of the incident on WhatsApp.

Mid-Day reported that the boys, who were between the ages of 15 and 16, were from the same neighbourhood as the girl and even went to the same school as the survivor. An Asian Age report says that the girl was in class 10.

According to DNA, the boys called her on the pretext of wanting help with studies. However, the Asian Age report states that one of the boys was the survivor’s boyfriend and had called her to his house when no other family members were at home. The boys then took turns raping her, all the while, recording the act on their phone.

Representational image. AFPRepresentational image. AFP

Representational image. AFP

The boys then went on to use the clip to threaten the survivor into silence but had then shared it with their circle of friends on WhatsApp. The video reportedly went viral and turned up on the girl’s aunt’s cellphone. The gangrape took place on 8 November.

The aunt who received the video showed it to the girl who then told her aunt about the ordeal she went through. The aunt rushed to file an FIR at the Malad Police Station.

The Asian Age report quotes a senior police inspector at the Malad police, Shashank Shabhor as saying, “All the four accused have been detained now and their medical inspection was conducted on Thursday. The accused are local minor boys, studying in class 9 and 10. These boys are infamous in the area for their bullying activities. As they are minors, they cannot be arrested and after being produced before a juvenile court, they have been sent to Dongri correction home on Thursday where they will be questioned by a Child Welfare Officer.”

According to DNA, the police arrested all the accused of the crime and they have been booked under Section 376 (G) (gang rape) of the IPC and also under certain sections of the Protection of Children from Sexual Offences (POCSO) Act.

Medical education dept proposes amendment to Organ Transplant Act to include more relatives

The HOTA, as it stands now, is hardly human. As per Section 2, sub section (I), “near relative” means spouse, son, daughter, father, mother, brother or sister.

Human Organ Transplant Act (HOTA), 2014, of India, doesn’t respect the first word.It doesn’t allow a woman’s sister to save the life of the former’s mother-in-law or a maternal uncle to donate his kidney to save his young niece’s life, even though both are medically alright.The state medical education department is finally getting into the act. It has decided to make an amendment to the HOTA to change the definition of close relatives.The HOTA, as it stands now, is hardly human. As per Section 2, sub section (I), “near relative” means spouse, son, daughter, father, mother, brother or sister.<!– Dna_Article_Middle_300x250_BTF –>Any individual who falls under the category of “near relatives” under this Section can donate his or her organs without going through the authorisation committee.There are several pleas before the medical education department, which had given permission to transplants, especially kidney transplants, where relatives were willing.Recently, the department denied permission to a maternal uncle to donate his kidney to his niece. Similarly, a woman’s daughter-in-law was not allowed to donate her kidney to her sister’s mother-in-law.In India, kidney transplant is performed under HOTA, 1994, which was amended in 2014. The law says the donors and recipients should be close relatives in domino/swap kidney transplant.On November 8, dna had reported that domino kidney transplants in the city is facing legal hurdles. One example was that of a maternal uncle and his niece. Under law, they are not close relatives and the state authorisation committee, Maharashtra, refused to give its nod for the procedure.”We found that we cannot give permission in several cases. Hence, we have decided to expand the definition of close relatives. Health is a state subject. So, we can always amend the law. Within 2-3 days, our proposal will be submitted to the government. We hope that it will be passed in the winter session,”said Dr Pravin Shingre, director, DMER, who is also the chairperson of the state authorisation committee.”In the proposed amendment, we plan to extend the definition of close relatives to include grandparents, grandchildren, uncles and aunts, stepmothers, stepbrothers and stepsisters,” he said.”It’s really a ray of hope for patients and relatives who are in the waiting list for a long time,” said Dr Jatin Kothari, nephrologist, Hinduja Hospital.”Through the domino kidney transplant procedure, we would have saved the lives of three patients. But it is very strange that permission was denied. We don’t know why it was denied. There is no exploitation, eventually it’s to help the patients,” he said. What is domino kidney transplant?The donor of one pair donates kidney to another pair. The transplant is then carried out in a series till the last donor in the chain donates to the first recipient in the line-up.

Sedition case filed against Aamir Khan, wife Kiran Rao in Bihar court

Muzaffarpur (Bihar): A complaint was filed in a court in Muzaffarpur on Wednesday against film star Aamir Khan and his wife Kiran Rao under various sections including sedition over his remarks on intolerance.

The complaint was filed by advocate Sudhir Kumar Ojha in the court of Chief Judicial Magistrate Sushma Trivedi.

Aamir Khan. AFPAamir Khan. AFP

Aamir Khan. AFP

The court fixed December one for hearing into the matter.

Ojha stated in the complaint that he felt hurt hearing Aamir’s remarks.

The complaint was filed under sections 153 (A),(B) and 124 (A). 153 (A) pertains to promoting enemity between different groups on grounds of religion, race, place of birth, residence, language etc and doing acts prejudicial to maintenance of harmony.

153 (B) relates to imputations, assertions prejudicial to national integration and Section 124 (A) relates to sedition.

Khan found himself in the eye of a raging storm after he commented last Monday in a programme, “Kiran and I have lived all our life in India. For the first time, she said, should we move out of India…She fears for her child, she fears about what the atmosphere around us will be.”

PTI

Land bill faces another hurdle; opposition demands PM’s clarification

As soon as the meeting began on Monday, the Trinamool Congress members demanded that the bill be withdrawn as the ordinance had been allowed to lapse.

The story of the BJP-led NDA’s contentious land acquisition bill has taken a new turn. Just when the parliamentary panel examining the bill was to wrap up its report, some Opposition members flagged off a new demand– asking Prime Minister Narendra Modi to clarify in the wake of his “Mann ki Baat” declaration that the land ordinance will not be re-promulgated.As soon as the meeting began on Monday, the Trinamool Congress members demanded that the bill be withdrawn as the ordinance had been allowed to lapse.<!– Dna_Article_Middle_300x250_BTF –>However, the ruling side–BJP and Shiv Sena–rejected the demand saying the Joint Committee of Parliament was formed by the House and did not work under the direction of government. They also argued that just like a bill ‘s introduction and required the permission of the House, withdrawal of the bill also could be carried out only with the approval of the House. BJD’s B Mahtab also said the bill was the property of the House and that it was the ordinance which had lapsed.The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Second Amendment) Bill had been passed in Lok Sabha and was pending in Rajya Sabha, where the NDA is in a minority.Congress member Jairam Ramesh then said that Modi should make a statement in Parliament in the first week on government’s plans on the issue. TMC’s Kalyan Banerjee said the panel should call the Prime Minister to appear before the committee, according to sources, which was also opposed by the BJP and Shiv Sena.With the meeting ending inconclusively, Committee’s Chairman SS Ahluwalia suggested that the panel get another extension till the end of the Winter Session on December 23. The government has prioritised the GST, among other bills, for the session beginning on November 26.Modi had said in his “Mann ki baat”that the government will not re-promulgate the land ordinance and that it was ready to examine any suggestions that would be in the interests of farmers.The government had attempted to build a consensus on three, of the 14 contentious clauses, on which there was no unanimity yet. One of them is Section 24 (2) of the UPA’s 2013 bill. The Congress is of the view that the proposed amendments by the NDA government diluted the retrospective applicability of the 2013 law passed by the UPA government. The section states that all land acquisition proceedings initiated under the Land Acquisition Act, 1894, shall be deemed to have lapsed in case the award was made more than five years prior to the commencement of 2013 Act but the actual possession was not taken or compensation not paid. The NDA altered it to exclude any period of court stay or injunction from the computation of the five-year period.Another point of disagreement is the proposed amendment that will give the government overriding powers to make changes in any provision of the Act through executive orders for ‘removal of difficulty’. As per the 2013 Act, this power was limited to only a certain part of the Act and to a period of two years, which expires on December 31, 2015. It is now proposed to be increased by another five years.Committee members from opposition parties such as the Congress, Trinamool Congress and the Left are in no mood to concede to the Modi government’s stand on these three clauses.

After Teesta Seetalvad, Jaisinh’s Lawyers Collective on government radar

The FCRA division of home ministry also mentioned alleged under-reporting of foreign contribution that Lawyers Collective received and mentioned in its IT returns to CBDT that attracts penal provisions under section 30 of the FCRA.

Lawyers Collective, a well-known NGO working in the field of women rights, drug policy and abuse and health issues has been served a show cause notice for violating provisions of foreign contribution regulation act (FCRA).Based on a complaint by Jaipur resident Raj Kumar Sharma, Union home ministry’s notice alleged that preliminary assessment of records revealed that Lawyer’s Collective, when its Secretary, Indira Jaising (chief functionary) was a ‘public servant’ employed as additional solicitor general (ASG) received foreign contribution of Rs 11.67 crore during financial years 2009-10 to 2011-12.<!– Dna_Article_Middle_300x250_BTF –>”As per Section 3(1) (c) of FCRA 2010, a government servant or employee of any corporation or any other body controlled or owned by the government is prohibited from receiving foreign contribution, thereby violating Section 3(1) (c) of FCRA, 2010,” the notice says.The FCRA division of home ministry also mentioned alleged under-reporting of foreign contribution that Lawyers Collective received and mentioned in its IT returns to CBDT that attracts penal provisions under section 30 of the FCRA.In her response to the home ministry, Jaisinh, managing trustee of Lawyers Collective, expressed shock for releasing the notice to the press even before it was served on Lawyers Collective or her.”I am constrained to come to the conclusion that this is an exercise in creating a negative public perception about me and the Lawyers Collective and not about the alleged violations of law,” wrote Jaisinh asking the government that she would expect it “follow the legal route, rather than use the press to achieve extraneous aims.”She further said that Lawyers Collective did receive a letter on November 5 requesting to answer a standard questionnaire, which they are in the process of replying by due date of December 7.”Neither I nor the Lawyers Collective has received any notice from you under FCRA relating to allegations about violation of the FCRA or any other law. As and when it is received, it will be responded in accordance with law,” Jaisinh said.Incidentally, Jaisinh is representing Gujarat-based social activist Teesta Seetalvad’s whose NGO is facing CBI inquiry for violating FCRA provisions. Her husband, Anand Grover, a well-known human rights lawyer had recently petitioned the Supreme Court to stop death penalty of 1993 Bombay blast convict Yakub Memon.

Sheena Bora case: Court records Indrani’s driver Shyam Rai’s statement

Earlier, Rai had written to the court and had said that he wanted to ‘reveal the truth’ about the case.

Sheena Bora

Shyamvar Rai, arrested driver of prime accused Indrani Mukerjea in connection with the sensational Sheena Bora murder case, has recorded his statement before a court in Mumbai.”The court recorded Rai’s statement under the provisions of Section 164 of Criminal Procedure Code, which unlike a police statement is admissible in court,” a CBI official said on Thursday. The official added that the statement will be sent to the trial judge by the Magistrate who will unseal it and give copies to the lawyers.<!– Dna_Article_Middle_300x250_BTF –>”We don’t know the contents of the statement as it was recorded in-camera,” he said. Earlier, Rai had written to the court and had said that he wanted to ‘reveal the truth’ about the case. However, Magistrate RV Adone had then not recorded his statement saying that CBI had not followed proper procedures.43-year-old Indrani, her former husband Sanjeev Khanna and Rai will be produced in the court tomorrow as their judicial custody expires even as CBI prepares to file the charge sheet against them. On October 31, the trio was remanded to judicial custody till November 7 which was further extended till November 20. On November 3, Indrani had given her consent for voice sample tests to be conducted on her.The CBI had earlier moved an application before the magistrate seeking her voice samples saying that it had got hold of some call recordings which purportedly featured her voice, and therefore a verification was needed.Indrani, Khanna and Rai were arrested in August on the charge of murdering Sheena and disposing off her body in a Raigad forest in April 2012, about 84 kms from Mumbai. 24-year-old Sheena was allegedly strangled in a car, then her body was burnt before being dumped in the forest.Indrani was recently hospitalised after her platelet count dipped drastically. However, doctors at JJ hospital had made it clear that she had not contracted dengue as suspected. On October 2, Indrani was taken to J J from Byculla womens’ prison in an unconscious state, fuelling speculation that she had overdosed on anti-depressant drugs. But the probe by Inspector General (prisons) ruled out the possibility of drug overdose, poisoning or suicide bid.Later, she was discharged and sent back to jail.

Hyderabad: 25-year-old woman commits suicide due to dowry harassment, parents allege foul play

Varsha reportedly hanged herself with a dupatta, but her parents allege that there were injuries on her body and that she was killed by her in-laws.

A young woman who was working with the DRDO in Hyderabad allegedly committed suicide due to dowry harassment. According to a report in The New Indian Express, Varsha, 25, hanged herself when her in-laws were not at home. The report states that she took the extreme step due to dowry harassment. However, her parents have alleged that there were injuries on her body and that she was killed by her in-laws. Varsha, an engineer, was working with the DRDO since 2011 and got married to Ranjith Goud in March 2015. The report says that her parents had given dowry worth Rs 80 lakh consisting of jewellery and property. Ranjith is a junior railway engineer and is said to have demanded more dowry of Rs 10 lakh in cash and the six acre agricultural land her father owned.<!– Dna_Article_Middle_300x250_BTF –>Varsha had reportedly been complaining about dowry harassment to her parents but they had tried to assure her that things would get better. Varsha ad Ranjith had gone to Goa for Diwali and had returned on Sunday evening at around 5.30 pm. On Monday morning, she allegedly committed suicide in her in-laws home. A case of dowry death under Section 304(b) has been registered after a complaint, the report says.

Domestic help injured in attack at Shiv Sena chief’s residence Matoshree

Mumbai: A domestic help working at ‘Matoshree’, the heavily-guarded bungalow of Shiv Sena president Uddhav Thackeray in suburban Bandra, was injured when his colleague allegedly attacked him with a knife, the police said on Monday.

“The incident occurred on the night of 14 November, when the accused, identified as Sevak, tried to kill another servant, Pandit with a kitchen knife,” DCP (Zone VIII) Virendra Mishra said.

Mumbai police. Representational image. Image courtesy: AFPMumbai police. Representational image. Image courtesy: AFP

Mumbai police. Representational image. Image courtesy: AFP

He said Sevak, who was also injured in the scuffle, was arrested on the same night from the house, and the provocation behind the attack was being investigated.

The DCP said a maid, named Manda, also suffered injuries when she tried to intervene and separate the duo.

Sevak and Pandit were admitted to Bhabha Hospital and are reportedly out of danger, he added.

‘Matoshree’, situated at Kala Nagar, is probably among the heavily-guarded places in Mumbai and the incident has raised concerns about internal security.

Police have charged the accused under Section 326 (voluntarily causing grievous hurt by dangerous weapons or means) of the IPC and he has been remanded in police custody.

PTI

Court rejects reservation quota for Sanskriti School as elitist

The school has 60 per cent of seats reserved for the children of group-A officers, 10 per cent for general public, five per cent for staff and 25 per cent for children under the category of Economically Weaker Section (EWS).

Delhi’s elite Sanskriti School can no longer offer 60 per cent quota for the bureaucrats’ children, the Delhi High Court on Friday struck down the reservation for the kids of babus.The Court also directed the Centre to see whether the school — run in Chanakyapuri area by the wives of top government officers — can be made part of the existing Kendriya Vidyalaya Sangathan.The school has 60 per cent of seats reserved for the children of group-A officers, 10 per cent for general public, five per cent for staff and 25 per cent for children under the category of Economically Weaker Section (EWS).<!– Dna_Article_Middle_300x250_BTF –>”Reserving seats for a particular branch of the Indian Services disadvantages children of persons engaged in other branches of the Indian Services,” a bench of justices Pradeep Nandrajog and Mukta Gupta said.”…The school which has been funded by public funds for its creation has not ‘narrowly tailored’ its means, because a 60 per cent quota creates a limited notion of diversity, and merely separates ‘Group-A Union Government officers’ from an otherwise similar category of students,” the court said adding that separate treatment of Group-A officers’ children violates both the spirit of equal protection under Article 14 and the spirit of equality of education under Article 21A of the Constitution.The court invoked a case involving segregation of white and African-American students in a school in the US and said “the very labelling of the school in question as a school for Group-A Union government officers along with the fact that the school reserves 60 per cent of its seats for (them), posits such children as ‘separate’ from other students.”In the Indian context, the court added, “where forging of a nation is at a greater stake, the circle of citizens has to be broadened and the children of whatever parentage to be made of one blood and educated to be one harmonious people.”The court rejected the argument placed by the Indian Administrative Service (IAS) association, which runs the school that the school was created to help officers with transferable jobs.The school was allotted the land at a premium of Rs1 with ground rent of Rs1 per annum. The Central government had also declared that various government agencies and ministries donated Rs15.945 crores to the society for setting up of the school.In 2006, the court took suo motu cognisance of the issue and had said that government resources should be made available firstly to the weaker sections of society.

Broadcasting council issues notice to Star World over ‘Grey’s Anatomy’ homosexual content

The Broadcasting Content Complaints Council (BCCC) has issued a notice to the television channel Star World for showing a homosexual encounter and for “denigrating women” in its popular soap Grey’s Anatomy in June, reports The Times of India.

Grey’s Anatomy. Twitter @TheColIegeLifeGrey’s Anatomy. Twitter @TheColIegeLife

Grey’s Anatomy. Twitter @TheColIegeLife

The notice follows complaints from the ministry of information and broadcasting (I&B).

The scene that caused complaints from viewers involved a female doctor telling her male colleague about failing to please her (female) partner, and asked him to teach her via a physical demonstration, reports The Independent.

Homosexuality is illegal in India under Section 377 of the Indian Penal Code.

BCCC, a self-regulatory body set up by the Indian Broadcasting Foundation, has asked for a reply from the channel by 1 December, reports Mashable.

Income Tax dept’s appeal against Jayalalithaa’s friend Sasikala dismissed

The Income Tax Department filed a case against them, alleging that they had not obtained No Objection Certificate or filed relevant forms before the department, as required.
File Photo

The Madras High Court on Wednesday dismissed an appeal by Income Tax Department, challenging a lower court order discharging N Sasikala, a close friend of Tamil Nadu Chief Minister Jayalaltihaa, in a case related to alleged flouting of I-T norms on purchase of property in 1999.Bringing the curtains down on the decades-old case, Justice B Rajendran upheld the 2004 order of the Economic Offences Court-I here, discharging Sasikala from the case. The matter relates to purchase of property of a pharmaecutical firm here at a busy Luz Corner commercial area here by Sasikala, her sister-in-law Ilavarasi and nephew V N Sudhakaran.<!– Dna_Article_Middle_300x250_BTF –>The Income Tax Department filed a case against them, alleging that they had not obtained No Objection Certificate or filed relevant forms before the department, as required.Senior Special Public Prosecutor for the Department K Ramasamy submitted that they had purchased the property by entering into split agreements to circumvent I-T rules that prohibit purchase of property worth more than Rs 10 lakh without an NOC or filing the relevant forms.The EEO-1 had discharged all of them after the Madras High Court had earlier remanded the case to the trial court, asking it to consider all the points raised by the department before passing orders. The I-T department filed the present appeal against the discharge, arguing that when the character and nature of the property is one, resorting to ‘split transaction’ of six separate sale deeds was illegal. He claimed that the trio failed to file Form 37(i), which attracts penal provisions of Section 269UC of Income Tax Act.Similarly, failure to obtain NOC as required under Section 269UL (2) of the Act is an offence under Section 276AB of the Act. Contravention of these provisions carries jail terms for upto two years, besides fine, he had contended.

Government against Subramanian Swamy’s plea for ending provision on hate speech

Swamy, who is facing a court case in Karimganj in Assam for allegedly delivering an inflammatory address at Kaziranga University, sought relief from the apex court in the case

Subramanian Swamy

The Centre has sought in the Supreme Court the dismissal of BJP leader Subramanian Swamy’s plea challenging the constitutional validity of penal provisions on speeches and writings that could cause enmity and hatred among communities.”That the challenge of the constitutionality of section 153A of the IPC on the ground that it violates the guarantee of the freedom of speech and expression must be rejected because the section seeks to punish only (a) such acts which have the tendency to promote enmity or hatred between different classes (b) such as which are prejudicial to the maintenance of the harmony between different classes and which have tendency to disturb public tranquillity.<!– Dna_Article_Middle_300x250_BTF –>”These acts are clearly calculated to disturb public order and show the limitation imposed by section 153A are in the interest of public order. Article 19(2) would, therefore, save section 153A as being within the scope of permissible legislative restriction on the fundamental right guaranteed under Article 19 (1)(a),” said the affidavit filed by an Under Secretary in the Home Ministry.The affidavit has also referred to a book written by the BJP leader.”The petitioner has written a book named Terrorism in India where he has made hate speeches against the community of India. The book-its theme, its language, innuendos, similes it employs and the moral of its story, if any–in order to ascertain whether the offending passages read in the context of the book as a whole fall within the mischief of section 153A. “The book (is) to be considered in all its aspect as it contains matter which “promotes feelings of enmity and hatred between Hindus and Muslims in India.” Therefore, the petitioner has violated the sections of IPC,” the MHA said in its affidavit.Swamy, who is facing a court case in Karimganj in Assam for allegedly delivering an inflammatory address at Kaziranga University, sought relief from the apex court in the case. He also challenged the constitutional validity of Section 153A (Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc, and doing acts prejudicial to maintenance of harmony) of the Indian Penal Code.Earlier, on May 21, a judge of the apex court had recused from hearing his plea challenging the validity of some penal provisions relating to “hate speech”.The apex court was hearing Swamy’s plea against the order of an Assam trial court issuing an NBW against him for failing to appear before it on March 19 in a case of alleged hate speech. The NBW was issued on June 1 by a court in Karimganj on a complaint accusing him of allegedly delivering an inflammatory address on March 15 at Kaziranga University. The Karimganj court had ordered that the arrest warrant be complied with on or before June 30. Proceedings in the case have been stayed in the Assam court.

Telangana: Women claim dowry harassment, men allege mental illness for divorce

The state police in Telangana have booked around 6300 cases of alleged dowry harassment and domestic violence against husbands and their relatives in one year. A report in Deccan Chronicle states that men’s rights activists claim that that Section 498A (dowry harassment and domestic violence) is being exploited by women to extort money from their husbands. Meanwhile, defence lawyers for men claim the wife has a mental illness when such cases are filed.

The state police in Telangana have booked around 6300 cases of alleged dowry harassment and domestic violence against husbands and their relatives in one year. A report in Deccan Chronicle states that men’s rights activists claim that that Section 498A (dowry harassment and domestic violence) is being exploited by women to extort money from their husbands. Meanwhile, defence lawyers for men claim the wife has a mental illness when such cases are filed. While women take to filing dowry harassment cases as grounds for divorce, men reportedly cite the wife with having mental illnesses like bipolar disorder and schizophrenia as cause for divorce. The report quotes human rights lawyer Gulam Rabbani as saying,“It’s common that the woman filing a complaint against cruelty of her husband is accused of having mental problems. Defence lawyers use this as an easy way out for their clients to win the case.”<!– Dna_Article_Middle_300x250_BTF –>The report quotes lawyers as saying that men cite mental illness to get away with not paying alimony and compensation, take custody of the children and take the property as well.“The women suffer a lot due to the false allegations. What will they have if they are divorced on the grounds of insanity?” asks Rabbani.

Desecration of holy book: Two ‘accused’ brothers released

Earlier, the brothers alongwith their family members and activists of Sikh organisations, including hardliners had claimed that the two were falsely implicated by police in the sacrilege case.

Hardliners had claimed that the two were falsely implicated by police in the sacrilege case (File Photo of Punjab protest)

PTI
Two brothers arrested in connection with a recent incident of sacrilege here were released on Monday, with police now saying there was not enough evidence against them, a day after the case was handed over to CBI by the Punjab government. Their release came after Punjab police moved an application under Section 169 of CrPC (deficient evidence) in the court of Judicial Magistrate Satish Kumar here. “We don’t require their judicial custody, but they will remain part of the probe,” ADGP IPS Sahota said.Rupinder Singh and Jaswinder Singh, brothers of Panjgrain Khurd village, were arrested by police in connection with the first incident of sacrilege of holy book at Bargari village in Faridkot that had triggered protests by Sikhs and hardliners across Punjab. Shivkartar Singh, advocate of both the brothers, said police had moved an application before the court here stating that they don’t have sufficient evidence against the duo. “Both the brothers have been released from the Fardikot jail this evening,” he said.<!– Dna_Article_Middle_300x250_BTF –>Earlier, the brothers alongwith their family members and activists of Sikh organisations, including hardliners had claimed that the two were falsely implicated by police in the sacrilege case. After their arrest, police had claimed foreign hand behind the incident of sacrilege with connections linked to Australia and Dubai.Meanwhile, Sahota said “the investigation was under process.”

Waqf Board moves Delhi HC against AAP govt decision to supersede it

The court decided to hear both the matters together after lawyers appearing for the Board sought a passover as their main counsel had not arrived.

The court decided to hear both the matters together after lawyers appearing for the Board sought a passover as their main counsel had not arrived.

Delhi Waqf Board has moved the Delhi High Court challenging the AAP government’s decision of transferring its powers and duties to the revenue department of the city administration for six months. Justice Rajiv Sahai Endlaw, before whom the matter was listed, adjourned it to November 5 to be taken up with another plea moved by the Board for directors to the Delhi government to notify that its Chairperson has been elected.The court decided to hear both the matters together after lawyers appearing for the Board sought a passover as their main counsel had not arrived. DWB has challenged the October 8 notification by which the Delhi government has with immediate effect “superseded” the Board for a period of six months.<!– Dna_Article_Middle_300x250_BTF –>The notification has also stipulated that “in accordance with Section 99(2)(b) of the Waqf Act, 1995, all the powers and duties of the Board under the provisions of the Act will be exercised and performed by the Secretary (Revenue) Government of NCT of Delhi”.

Bengaluru: Male nurse at Fortis Hospital sexually assaults a 54-year-old patient

Shivakumar, 35, confessed to the crime during the police interrogation.

dna Research & Archives
A 54-year-old woman who was admitted at Fortis Hospital filed a complaint against a male nurse stating he sexually assaulted her. A report in The New Indian Express states that the victim has told the police that on October 5 around midnight, the male nurse came to her room. He started to touch her inappropriately and she informed her son about it. Her husband then filed a police complaint who in turn have arrested the male nurse identified as Shivakumar.The report adds that Shivakumar, 35, confessed to the crime during the police interrogation. A case has been filed under Indian Penal Code Section 354A (physical contact and advances involving unwelcome and explicit sexual overtures). <!– Dna_Article_Middle_300x250_BTF –>Her husband reportedly informed the senior staff at the hospital, but they refused to listen to him and told him that the male nurse was only checking the patient. The police have stated that the hospital didn’t do a background check on the male nurse before they hired him. The nurse had reportedly been warned earlier for misbehaving with a female staff. The report adds that Dr Manish Mattoo, zonal director, Fortis Hospitals, in a release said: “On finding that a patient objected to inappropriate physical contact by our employee, we terminated him. We are extremely responsible and have no tolerance to such acts.”

Bihar polls: Election Commission orders banning controversial BJP ads

Earlier this week, Prime Minister Narendra Modi had accused Lalu and Kumar of conspiring to take away part of the quota for Dalits and EBCs and give it to “another community”.

RJD-JDU are “snatching the plate of dalits” by planning to transfer the quota meant for dalits and EBCs to minorities.

File Photo
The Election Commission on Friday clamped a ban on publication of two controversial advertisements printed by BJP in Bihar where assembly polls are on.In a strongly-worded advisory to Chief Electoral Officer of Bihar Ajay Naik, the Commission has asked him to ensure that the two advertisements are not published in any newspaper or journal from tomorrow onwards till the election process is over. One of the advertisements alleges that RJD supremo Lalu Prasad and JD (U) leader Nitish Kumar are “snatching the plate of dalits” by planning to transfer the quota meant for dalits and EBCs to minorities.<!– Dna_Article_Middle_300x250_BTF –>Another advertisement deals with ‘vote ki kheti’ or votebank politics. It claimed that RJD, JDU and Congress leaders are “giving santuary” to terrorists to appease a particular community for votes. The two advertisements have already been published prominently in Hindi dailies brought out from Patna. The Commission has also asked the state CEO to inform the Bihar BJP unit that such advertisements should not be published or broadcast.Earlier this week, Prime Minister Narendra Modi had accused Lalu and Kumar of conspiring to take away part of the quota for Dalits and EBCs and give it to “another community”.Sources in the poll watchdog said that the poll officials in the state will also check whether the name and details of the printer and publisher of the advertisements have been printed on the face of it as per the provisions of Section 127 A of the Representation of the People Act. The sources said the advertisements have the “potential” of dividing people on caste and religious lines which is against electoral laws and the model code.Earlier in the day, the Grand Alliance had moved the EC against the advertisements. The state CEO has also given a report to EC in this regard.

Akbaruddin Owaisi denied permission to hold rally in Pune ahead of civic polls

Akbaruddin Owaisi is known to make controversial remarks, especially on issues concerning minorities.

An FIR was lodged against Owaisi by the Kishanganj District administration for allegedly making an inflammatory speech at an election rally.

File Photo
The Pune Police on Saturday denied permission to AIMIM leader Akbaruddin Owaisi for holding a rally at Kondhwa region on October 26 ahead of the Pune Municipal Corporation (PMC) polls. The police have reportedly denied permission to prevent any untoward incident during the Kondhwa by-election, which is scheduled to be held on November. Akbaruddin Owaisi is known to make controversial remarks, especially on issues concerning minorities.Earlier this month, an FIR was lodged against Owaisi by the Kishanganj District administration for allegedly making an inflammatory speech at an election rally. According to reports, Owaisi’s speech had violated provisions of Section 144 of the Criminal Procedure Code (CRPC) and an FIR has been lodged under Sections 153A and 188 of the Indian Penal Code (IPC) at the Kochadhaman police station.<!– Dna_Article_Middle_300x250_BTF –>He had allegedly used abusive language against all members of parliament except his elder brother Asaduddin Owaisi, who is the AIMIM chief and an MP from Hyderabad. He also allegedly made provocative remarks against BJP leaders.

Adnan Sami to get Indian citizenship?

According to a report, the Home Ministry is now mulling over granting him “citizenship by naturalisation” in view of his “distinguished service to the cause of art”.

Singer Adnan Sami is set to become an Indian citizen after he was allowed to stay in the country indefinitely when Pakistan government did not renew his passport, reports a leading English.This comes as a stark contrast to BJP ally Shiv Sena which protested against Pakistani ghazal singer Ghulam Ali’s concert in Mumbai.Sami had come to India in 2001 on a one-year visa and kept renewing it time to time. Sami approached Home Ministry in May 2015 to avoid the deportation when Pakistani authorities refused to renew his passport, reportedly because of old marital dispute. His appeal to seek the exemption from deportation was granted on the humanitarian basis.<!– Dna_Article_Middle_300x250_BTF –>According to the report, the Home Ministry is now mulling over granting him “citizenship by naturalisation” in view of his “distinguished service to the cause of art”. “The AG has tendered a favourable opinion on his citizenship request. Sami is eligible to be granted citizenship by naturalisation under Section 6 of The Citizenship Act, 1955,” senior ministry official told the daily.Section 6 of the Citizenship Act allows an applicant to be granted a certificate of naturalisation if the central government is satisfied that he/she is qualified for the same under the provisions of the Third Schedule. However, the conditions specified in the Third Schedule may be waived if the central government is of the opinion that the applicant has rendered distinguished service to the cause of science, philosophy, art, literature, world peace or human progress generally.

Odisha: Gangraped tribal woman commits suicide

The woman had arrived at Khuta bus stand here on Wednesday evening and later went missing while waiting for public transport to return home at Kendumundei village, according to an FIR lodged by her son.
Representational Image
dna Research & Archives
A 45-year-old tribal woman hanged herself to death from a tree barely 100 mts from a police station in Odisha’s Mayurbhanj district in full public view after being allegedly gang-raped. Enraged over the incident, a mob assaulted police personnel. Later, a case was registered and 23 people were arrested for the attack on force.The woman had arrived at Khuta bus stand here on Wednesday evening and later went missing while waiting for public transport to return home at Kendumundei village, according to an FIR lodged by her son. She appeared in the early hours of next day in a partially disrobed condition and later killed herself, the FIR said. Later, the police brought down the body from the tree.<!– Dna_Article_Middle_300x250_BTF –>The group of tribal men and women went on the rampage, ransacked the police station and assaulted police personnel demanding arrest of culprits.Inspector-in-Charge of Khunta Police Station Uttam Mohanty was beaten up by the mob as was sub-inspector Sumati Mohanti, one assistant sub-inspector, two lady constables and one constable, the police said. Mayurbhanj Superintendent of Police Anup Krishna rushed to the spot with the additional force and brought the situation under control in on Friday afternoon.The police registered a case under various sections of the IPC, Section 7 of Criminal Law Amendment Act and Section 3 of Prevention of Damage to Public Property Act on an FIR lodged by an assaulted woman constable.A total 23 people, including 12 women were arrested by the police in connection with the mob violence, the police said. They were produced on Friday before the SDJM court, which remanded them to judicial custody after rejecting their bail pleas.

Sikhs protest across Punjab over alleged desecration of holy book

Chandigarh: Exasperated by the alleged desecration of their holy book, Sikhs continued to hold protests in several parts of Punjab blocking key roads and some burning effigy of Punjab Chief Minister Parkash Singh Badal.

The three-hour protests by Sikh activists at different places, including Moga, Fardikot, Taran Taran, Mansa, Patiala and Jalandhar passed off peacefully, police said in Chandigarh.

The members of Phagwara Block Congress (urban and rural) Committees, led by PPCC General Secretary Joginder Singh Mann, burnt Badal’s effigy and marched from Hargobindnagar to National Highway 1 and converged on the open space at the former Traffic Light chowk opposite PWD Rest House, police said.

Representational image. AFPRepresentational image. AFP

Representational image. AFP

In Tarn Taran, Puran Singh of Dholan Thathi village in the district died of heat attack at the dharna site on the Harike bridge today, police said.

Due to various protests, the traffic was blocked at village Harbanspur-Jagjitpur on the Hoshiarpur-Phagwara road in Phagwara, police said.

The protesters strongly flayed the incidents of alleged sacrilege at Faridkot’s Bargari village and the subsequent police firing on protesters at Behbal Kalan village in Kotkapura in Faridkot in which two Sikh activists were killed. They also deplored fresh incidents of alleged desecration at villages Bath and Najushah Mishriwala in Tara Taran and Firozpur districts.

The agitators also demanded that the culprits should be booked under Section 302 (murder) of IPC, besides invoking Section 295-A for hurting their religious sentiments with the desecration of their holy book.

The traffic was diverted from alternative routes as protesters squatted on roads, police said.

Owing to blockade at Rama Mandi (Jalandhar Cantonement) on National Highway 1 near Jalandhar, traffic was diverted from Phagwara to alternative routes, police said adding that the traffic also remained affected on Pathankot-Jammu national highway for hours.

Meanwhile at Moga, Punjab Agriculture Minister Tota Singh cancelled his scheduled programme where he was to inaugurate a private hospital today.

A ‘Shanti march’ (peace rally) was taken out at Moga with Deputy Commissioner Parminder Gill leading it.

Protesters also staged a dharna on Ghanaur-Patiala highway, police said.

An uneasy calm prevailed in Punjab especially at Faridkot, Moga, Bathinda, Sangrur, Tarn Taran and Amritsar, officials said.

An incident of alleged sacrilege of Sri Guru Granth Sahib recently took place in a village in Faridkot district, provoking widespread protests in several parts of Punjab.

PTI

Jagan rejects invite he is yet to get, manages to steal a march over Chandrababu Naidu

Hyderabad: Has YS Jaganmohan Reddy delivered a political masterstroke or has he scored a self-goal by declining to attend the foundation laying ceremony of Amaravathi, the new capital city of Andhra Pradesh, even before an invite is extended to him?

The answer is both yes and no. Yes, because he has managed to hog the limelight when the Telugu Desam Party (TDP) appeared to be running away with all the propaganda points in the run-up to the mega event. No, because he has drawn flak for “dishonouring” the invite that was yet to be extended and “disrespecting” the popular sentiment over the construction of a new capital city for a state that’s struggling hard on many counts.

Y S Jaganmohan Reddy: ReutersY S Jaganmohan Reddy: Reuters

Y S Jaganmohan Reddy: Reuters

But Jagan, as it appears, is ensuring that he is steadily in the news, either for the right or the wrong reasons. He sat on an indefinite fast on 7 October demanding special status for Andhra Pradesh as promised in the Andhra Pradesh Reorganisation Act, 2014.

A week later, his strike was medically foiled when he was administered fluids by force and admitted to Government General Hospital in Guntur for a day. The forcible removal of the Leader of the Opposition from the hunger strike camp and the subsequent smear campaign by the pro-Telugu Desam media and opinion leaders only helped him get publicity.

He has stated eight reasons for declining the expected invite. He has gone hammer and tongs against the “coercive methods” used by the state government in the land pooling for the new capital. He says the state had undertaken work by imposing ‘prohibitory orders’ under Section 30 and Section 144 of the CrPC. He has hauled the government over the coals for “ignoring the stay orders issued by the National Green Tribunal”.

He said: “The Centre is generously helping the state and has already given Rs. 1,850 crore for the construction of the capital. It has further promised to help build the capital and release funds upon claiming of bills. Why has the CM roped in private firms of Singapore to build the capital? Structures like assembly, secretariat, high court and other such government offices can be built in the available government land, leaving the private lands for the landlords to decide whether they want to take up real estate or agriculture.”

Jagan has made a serious allegation that the chief minister and his cronies and some family members bought huge tracts of land in the new capital region but none of that was pooled and the land belonging only to the poor is taken by force.

His charge that the government is being extravagant by spending Rs 400 crore for the foundation stone laying has not only embarrassed the government, but also yielded the desired result too. As a knee-jerk reaction to the charge of the YSR Congress and the subsequent “enquiries from the corridors of power in Delhi,” the AP government eased out event management company, Wizcraft, which it had contracted for Rs 9.5 crore from managing the capital event.

The chief minister himself had to hurriedly do the explaining that the government was moderating the expenditure and that it was not indulging in extravagance. However, this is contrary to the news from the government sources that the hospitality should be terrific and the function should remain etched in the minds of the people forever.

Jagan’s act of writing to the chief minister, asking him not to extend the invitation for the foundation stone laying may sound churlish. But it appears to be politically smart.

Supreme Court allows dance bars to reopen in Maharashtra, puts ban on hold

The ban was first introduced in 2005 and was struck down by the apex court in 2013 calling it unconstitutional.

Supreme Court

In a historic decision, Supreme Court has allowed dance bars to function in Maharashtra again. It has put on hold a 2014 law, which imposed a ban on operation of dance bars in the state. SC, however, has given power to licensing authorities to regulate indecent dance performances. This is an interim order and the final order will be given on November 9. The ban was first introduced in 2005 and was struck down by the apex court in 2013 calling it unconstitutional. However, the then ruling Congress- NCP government amended the Maharashtra Police Act and restored the ban. The government’s action was challenged in court by Indian Hotel and Restaurant Association (Ahar) . <!– Dna_Article_Middle_300x250_BTF –>By some estimates, about 75000 girls were involved in this profession when the ban was enforced. The petitioners argued that Section 33A of the Act which the SC held as violative of women’s fundamental rights, was again back with slightly different wordings. Reacting to the order, Maharashtra CM Devendra Fadnavis said

No benefit of reservations in the promotions, rules Jammu & Kashmir HC

The rule 9 provides percentage of reservation to various categories for the promotion and Rule 10 provides roaster points for reserved category while making promotions.
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Jammu and Kashmir high court has ruled that there shall be no benefit of reservation in the promotions (of government servants) in the restive state even as it struck down Section 6 of Jammu and Kashmir Reservation Act 2004, and Rules 9, 10 and 34 Jammu and Kashmir Reservation Rules 2005.A division bench of the High Court comprising Justice Hasnain Masoodi and Justice Janak Raj Kotwal delivered the judgement in a set of petitions challenging the promotions of assistant engineers (AEs) to assistant executive engineers (AEEs) and AEE to Executive Engineers.<!– Dna_Article_Middle_300x250_BTF –>After hearing battery of lawyers, appearing from both the sides, the high court struck down the section 6 of Reservation 2004 which authorises the state government for providing reservation in promotion by framing rules. The High Court also struck down the Rule 9 and 10 of Reservation Rules 2005.The rule 9 provides percentage of reservation to various categories for the promotion and Rule 10 provides roaster points for reserved category while making promotions. The High Court also struck down Rule 34 of reservation 2005 which obligates the government to consider reserved categories also while making temporary/ stop-gap/ officiating promotions. The court said the reservation made in terms of Section 6 of Reservation Act and Rules 9, 10 and 34 of the Reservation Rules is invidious and unconstitutional. Terming the judgement historic and landmark, Riyaz Jan, who had filed one of the petitions before becoming advocate general, said the court has accepted his contentions and declared the provisions unconstitutional. “I had filed the petition before becoming the advocate general. But I could not argue it later. My colleagues argued it and eventually court accepted the legal position and termed the two provisions as unconstitutional. It (reservations) is for recruitment not for promotions “, Jan said.

Court orders police to lodge FIR against Lalu Prasad over his beef remark

Muzaffarpur: Trouble mounted for RJD President Lalu Prasad for his controversial beef comment with a district court in Muzaffarpur on Wednesday ordering police to register an FIR against him for it.

Lalu Prasad. AFP

Lalu Prasad. AFP

Additional Chief Judicial Magistrate (ACJM) Ram Chandra Prasad directed Kazi Mohammadpur police station to register an FIR against Lalu Prasad for his recent remark that “Hindus too eat beef.”

The court order came while hearing a complaint filed by advocate Sudhir Ojha on Monday in the matter.

The order to register a case against Prasad by the Muzaffarpur court came a day after two FIRs were registered against the RJD President in Patna and Jamui for his “Narbhakshi” (cannibal) barb on BJP President Amit Shah.

The ACJM directed that FIR be registered against the RJD chief under sections 153(A), 160, 291 and 295(A) of IPC.

Section 153(A) relates to promoting enmity between different groups on grounds of religion, race, place of birth, residence, language etc and doing acts prejudicial to maintenance of harmony.

IPC Section 160 refers to punishment for committing affray while Section 291 of IPC is continuance of nuisance after injunction to discontinue.

Section 295(A) relates to deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.

Besides Muzaffarpur, complaints have been filed against Lalu Prasad in the courts of Patna and Araria on his beef remark.

The case filed in Araria on Tuesday would come up for hearing on Thursday.

Araria Chief Judicial Magistrate Ashok Kumar Shukla, before whom the case was filed by Pintu Kumar, a native of Tamganj village, on Wednesday posted the matter for hearing for Thursday.

PTI

FIRs against Lalu Prasad and Amit Shah for remarks during Bihar poll campaigning

Prasad had on September 30 tweeted “A Narbhakshi and exiled should not teach good conduct to Bihar. First he should tell people about his own misdeeds and stringent sections levelled against him.”

Two separate FIRs were registered on Tuesday against RJD President Lalu Prasad for his “Narbhakshi” (cannibal) comment against BJP chief Amit Shah.On the other hand, an FIR was filed against Amit Shah by Election Commission in Begusarai for ‘chara chor’ (fodder thief) barb against Lalu Prasad. The RJD president had used “Narbhakshi” barb against Shah on October 1 in reaction to his “chara chor” (fodder thief) remark about him in Patna while talking to mediapersons. Station House Officer of Sachivalaya police station Amrendra Kumar Jha said the case has been registered against Prasad under IPC sections 171(C), 171(F) and 188. Section 171(C) pertains to undue influence at elections, Section 171(F) to punishment for undue influence or personation at an election, while Section 188 relates to disobedience to order duly promulgated by public servant.<!– Dna_Article_Middle_300x250_BTF –>Related read: Lalu Prasad calls Amit Shah ‘Jumla babu’; says people aware of Shah’s ‘mean activities’Prasad had on September 30 tweeted “A Narbhakshi and exiled should not teach good conduct to Bihar. First he should tell people about his own misdeeds and stringent sections levelled against him.”The vicious comment had came a day after Shah while addressing BJP workers meeting had apparently taken a dig at him by saying that Bihar which was once known by the name of Dr Rajendra Prasad, Loknayak Jayprakash Narayan and Karpoori Thakur was unfortunately today known by the name of “chara chor” (fodder thief). (With Agency Inputs)

Over 500 Shiv Sena activists booked in UP for ‘attempting to incite communal tension’

Over 500 Shiv Sena activists have been booked on charges of violating prohibitory orders and attempts to incite communal tension in the city, police said on Tuesday.

Shiv Sena

Over 500 Shiv Sena activists have been booked on charges of violating prohibitory orders and attempts to incite communal tension in the city, police said on Tuesday.The Sena activists had Sunday taken out a procession in areas where Section 144 of the CrPC was in effect and raised ‘objectionable’ slogans, police said.They have been booked under section 153 A (promoting enmity between different groups) of the IPC and for violating prohibitory orders.The authorities have imposed Section 144 in the district in view of the upcoming panchayat polls.<!– Dna_Article_Middle_300x250_BTF –>

Chennai: Teenage girl alleges sexual abuse by senior police officials

Advocate and social activist T Vincent has filed a PIL in this matter. It will come up for hearing on November 3.

Representational Image

dna Research & Archives
A 17-year-old girl has filed a petition in the Madras High Court stating that she was sexually abused by senior police officials. A report in a leading daily says that the girl, who is motherless, was already being sexually abused by her grandfather and brother.According to the petition filed by the teenage girl, she was allegedly taken by an South Zone inspector working and a sub-inspector to a hotel in Madurai. Senior police officers there reportedly sexually assaulted her.The petition filed by the girl states, “Police officials operated like criminals and indulged in human trafficking. The girl was forced to live an agonisingly pathetic life filled with gang-rape, drugs and liquor.”<!– Dna_Article_Middle_300x250_BTF –>The girl has also filed a police complaint in all-woman police station in Sivaganga in June where post an investigation the girl’s character was maligned. The petition also said that even after the girl filed on June, a proper investigation was not carried out. The petition adds that the case wasn’t filed under Section 376 (rape), Section 370 (Exploitation of a trafficked person) and various sections of the POSCO Act which it should have been. It alleges that police officials are thwarting the case.Advocate and social activist T Vincent has filed a PIL in this matter. It will come up for hearing on November 3.

MCI for common entrance test for medical colleges

MCI has also proposed an amendment to Section 32 of MCI Act on allowing them to decide on the common test. Last time, the MCI had lost the case in the court on technical grounds.

The Medical Council of India (MCI) on Thursday decided to conduct single common entrance test (CET) for medical aspirants from across the country for MBBS and MD. The MCI has sent their recommendation to the ministry of health and family planning and is awaiting its approval. MCI said it is expecting the government to approve the proposal so that it can it can be implemented in the coming academic year.There are around 70,000 seats for MBBS and 21,000 seats for MD in institutions across India. Currently, every state government conduct their own entrance test. Similarly, private medical college association, deemed universities and minority institutes who offer medical education too conduct their own CET. Candidates most often take all these tests as they don’t want to risk their chances.<!– Dna_Article_Middle_300x250_BTF –>MCI has also proposed an amendment to Section 32 of MCI Act on allowing them to decide on the common test. Last time, the MCI had lost the case in the court on technical grounds.”Common test would be of great help to the students. We have also proposed an amendment in MCI Act, which empowers the MCI to take decision on conduct of common test,” said Dr Kishor Taori, president, MMC and member, MCI.MCI member and Goa Medical Council president Dr Jayant Bhandare, who was also present at the meeting, says, “Last time, on technical grounds Supreme Court quashed a similar move; this time we are taking proper measures.”In 2013, the Centre had implemented National Eligibility-cum-Entrance Test (NEET) for admission to all under-graduate medical colleges. However, after 115 petitions challenged the MCI notification on NEET, the Supreme Court quashed the MCI notification for holding common entrance tests for MBBS, BDS and post-graduate medical courses. A three-judge bench by a 2:1 verdict held that the MCI notification was ultra vires of the Constitution.”It is always good to have one CET for the student, and the MCI decision is a welcome move,” said Dr Avinsash Supe, dean, KEM hospital. Doctors also opine that a common test can help end malpractices.

Disproportionate Assets Case: Himachal High Court stays arrest of Chief Minister Virbhadra Singh

The chief minister had filed a petition in the court yesterday pleading that the raids on his private residence Holley Lodge and other premises were conducted with “malafide intentions and political vendetta” by the central investigating agency.

The Himachal Pradesh High Court on Thursday restrained CBI from arresting Chief Minister Virbhadra Singh and his wife Pratibha Singh in connection with the disproportionate assets case but allowed the enquiry in the matter to proceed.Admitting the petition of Virbhadra Singh against whom an FIR was registered by CBI last week, a division bench of High Court comprising justices Rajiv Sharma and Sureshwar Thakur, also directed CBI to keep the court informed before interrogating the couple and fixed the next hearing on November 18.<!– Dna_Article_Middle_300x250_BTF –>The court said the inquiry in the case will continue.The chief minister had filed a petition in the court yesterday pleading that the raids on his private residence Holley Lodge and other premises were conducted with “malafide intentions and political vendetta” by the central investigating agency.Senior Supreme Court lawyer and former Union Minister Kapil Sibal appeared for the chief minister.Singh in his petition alleged that the CBI had overstepped its jurisdiction in filing the case and questioned how the CBI could raid his premises when the case was already pending in the Delhi HC and also before the Income Tax tribunal and other Income tax authorities, where all documents relating to his returns have been submitted.Seeking setting aside of entire CBI process of investigations and case filed against him and wife Pratibha Singh, a former MP, Singh argued that the permission of the state government and home department was not sought before raiding the residence of a sitting chief minister.Virbhadra sought directions from the court to quash the FIR registered against him and his wife under Sections 13(2) and 13(1) (e) of the Prevention of Corruption Act and Section 109 of IPC by CBI on September 23 in New Delhi and urged the court to summon record of the preliminary inquiry and the FIR.The CBI had acted without jurisdiction by conducting probe into alleged offences under the Prevention of Corruption Act against the highest democratically elected constitutional functionary in the state without any consent from the state government, a pre-requisite under Section 6 of the Delhi Special Establishment Act, the petition said.There was no order, direction or judgment by any court that authorised the CBI to inquire, investigate or register regular cases and exercise jurisdiction in the territory of Himachal Pradesh, he said.Even the cause of action did not arise in the territory of Delhi, he claimed.After the hearing was concluded, the chief minister, who was not present in the court, told reporters outside that the case was “politically motivated”.

Hyderabad: Banjara Hills coffee shop owner attacks young customer

Mukram allegedly sent out all the other customers and then called around 15 friends of his to attack Jabri.

Represenational Image

The owner of a coffee shop in posh Banjara Hills is under the scanner after he allegedly attacked a young man on Sunday night. According to a report in Deccan Chronicle, the owner got into an argument with the young man after he spilled water on the floor of Skypark Coffee Shop.The young man identified as Shad Jaffer Jabri, 19, came to the coffee shop at around 11:30 pm. He ordered a bottle of water which accidentally slipped from his hands and fell on the floor. The owner, Mukram, reportedly started shouting at him and a fight ensued.Mukram allegedly sent out all the other customers and then called around 15 friends of his to the shop. They attacked Jabri on the face and back.<!– Dna_Article_Middle_300x250_BTF –>The police have registered a case against Mukram under Section 324.

Stand by your loyalists like PM Modi: Somnath Bharti’s lawyer takes dig at Kejriwal

New Delhi: Somnath Bharti’s lawyer on Monday made a veiled attack on Delhi Chief Minister Arvind Kejriwal for “not supporting” the embattled AAP MLA, saying he should have taken a cue from Prime Minister Narendra Modi who “stands” by his “loyalists” through “thick and thin”.

In a letter to Kejriwal, Bharti’s counsel Deepak Khosla demanded that the case be taken from Delhi Police and handed over to other agency for a “fair investigation”.

Somnath Bharti in a file photo. PTISomnath Bharti in a file photo. PTI

Somnath Bharti in a file photo. PTI

He claimed the case has been “blown out of proportion” and urged the Chief Minister to issue directions to Delhi Police to refrain from using terms such as “absconder” or “professional criminal” to describe the former Law Minister.

He also sought a meeting with the Chief Minister to “advance” the objectives of a lawful and fair investigation while protecting the interests of Bharti.

“In this view of the matter, you are requested to kindly issue appropriate directions for deferment of investigation for 72 hours, so that my client may approach a competent Court of Law, and seek transfer of the investigation to some other agency.”

Soon after sending the letter, Khosla also issued a clarification saying the remarks had got nothing to do with Bharti and was made by him in his “personal capacity, as a current and continuing supporter of AAP”.

“…if there is one big distinction between Narendra Modi‘s style of functioning and yours – whether good or bad -is that he stands by his loyalists through thick and thin. Cases in point are Sushma Swaraj, Smriti Irani…. Whereas you (prematurely) shed your support for Somnath Bharti like a hot potato,” the lawyer said.

Bharti failed to get relief from the Supreme Court today which directed him to surrender before the police in connection with the domestic violence and attempt to murder case filed against him by his wife.

Khosla said Bharti was not “evading” arrest.

Avoiding arrest was his (Bharti) right and “all the more so when he finds that he is being hounded by a distinctly partisan and biased investigating agency,” the letter said.

“In the present context, given the unusual separation of powers in the State of NCT of Delhi and the different political masters the Delhi Police reports to, it is clear that your police force is acting on the dictates of its political masters who run the central government i.e. the BJP,” it said.

Accusing the police of being “partisan” and using “patently-defamatory” statements against him, Khosla wondered “which sane person deliberately puts his head in the mouth of a hungry lion?”

“This also makes it clear that the police’s intent behind custodial interrogation is purely to maliciously and vindictively harass my client…,” he said.

“In the alternative, keeping in mind the provisions of Section 154(3) of the CrPC, you are requested to kindly direct the Police to re-assign the investigation for these 72 hours to an officer not below the rank of Superintendent of Police, so that no abuse of power takes place by the lower echelons of the Delhi Police.”

Khosla had written another letter to Police Commissioner B S Bassi, raising similar points on September 25.

PTI

CM Arvind Kejriwal set to deliver biggest poll promise, says Jan Lokayukta bill almost ready

The Aam Aadmi Party (AAP) government had told the Delhi High Court in July that it has initiated the process to appoint Lokayukta, a post which has remained vacant since November 2013.

Delhi CM Arvind Kejriwal said on Monday that the state government’s Jan Lokayukta Bill is almost ready. He also said that they should be able to present it in next session of assembly.The Aam Aadmi Party (AAP) government had told the Delhi High Court in July that it has initiated the process to appoint Lokayukta, a post which has remained vacant since November 2013.An affidavit by Delhi government’s concerned department was filed before Justice V P Vaish saying that it is “firmly committed to implementing the Lokayukta Act”. It sought dismissal of a former BJP MLA’s petition seeking direction to immediately fill up the post of Lokayukta, saying it is “motivated petition, filed… for achieving narrow political gains” and not “public interest”.<!– Dna_Article_Middle_300x250_BTF –>”Proviso (A) to Section 3 of Lokayukta Act, mandates that Lokayukta is to be appointed in consultation with Delhi High Court Chief Justice and the Leader of Opposition. The answering respondent (Delhi government) in compliance of the said statuary mandates, initiated the process of consultation by submitting its suggestion for filling in the vacant post of Lokayukta in a sealed cover, by a letter date July 10, 2015, to Delhi High Court Chief Justice,” the Delhi government affidavit said.

Karnataka: Ganesha idol procession turns violent; shops, vehicles and houses burnt down in Mudhol

Ten policemen were said to be injured in the riots and around 69 people have now been taken into custody.

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What was supposed to be a peaceful procession turned out to be a violent one in Mudhol, Karnataka. On Wednesday night, when a Ganesha idol procession was passing through Janata Colony in the city, some people threw stones at them. A rival community retaliated by throwing stones and bottles and soon a full-fledged riot started, reports Deccan Herald.Many areas of the city erupted in violence soon. Some vehicles were destroyed and more than 40 shops were burnt down. Ten policemen were said to be injured in the riots and around 69 people have now been taken into custody. <!– Dna_Article_Middle_300x250_BTF –>A textile shop on MG Road was burnt down and losses are said to be to the tune of Rs. one crore. Houses were stoned and tried to be set on fire. Police from nearby areas were called as reinforcement adds the report.Deccan Herald reports that prohibitory orders have been imposed under Section 144 of the CrPC according to Martin Marbaniang, Bagalkot Superintendent of Police. More than 300 police personnel have reportedly been stationed in the town to restore normalcy. All education institutions and shops were closed on Thursday.

By banning ‘social evil’ Gujarati film on gays, SC enters tricky terrain

The sufferings of a homosexual prince from Gujarat is clearly not everyone’s cup of tea and sympathy.

When Manvendra Singh Gohil, the prince of Rajpipla decided to come out as a gay man, he did so in a Gujarati language daily, the Divya Bhaskar. The story caused a sensation and moved Oprah Winfrey enough to fly him to the US to appear on her show. Now a Gujarati film based on his life story has been denied a tax exemption service in his home state because the movie depicts “social evil”.

Representational image. ReutersRepresentational image. Reuters

Representational image. Reuters

Meghdhanyshya by KR Devmani had been cleared by the Censor Board. But the Gujarat State Tax Commissioner balked at giving it an entertainment tax exemption. The tax exemption can be denied to films depicting blind faith, sati, dowry and other such “social evils” that go against “national unity”. Those who came up with those guidelines had not thought to include homosexuality in the list and thus Meghdhanyshya had to be classified as a “social evil” by the Tax Commissioner.

The Tax Commissioner has every right not to like the topic. If the tax exemption were granted on an entirely subjective standard about artistic merit and social value, no one could have really protested this decision because social value, like beauty, is in the eye of the beholder. The problem is this tax exemption is something that’s been routine for Gujarati colour films since 1997. That’s where the double standard kicks in.

“It is ironical that films showing extra-marital relationships and containing scenes of rape and violence are given the exemption but a movie depicting sufferings of a homosexual person does not pass the state’s muster,” says filmmaker Devmani to the Indian Express.

The Gujarat High Court had ruled that Devmani was being denied his fundamental right of freedom of expression with the Tax Commissioner acting as a sort of super censor. The state then appealed to the Supreme Court which ruled in its favour saying “there are people in whose views this may be akin to social evil.”

However there are also people, many people,in Khap panchayat land for example, who think that girls wearing jeans and using cell phones are a social evil. Others might consider non-vegetarianism a social evil, especially during Jain festivals. We have a culture minister who says “Girls wanting a night out may be all right elsewhere but it is not part of Indian culture.” Replace the phrase “Girls wanting a night out” with your social evil of choice – old age homes, Valentine’s Day, homosexuality – and it’s easy to see that “social evil” is a big tent that can shelter all kinds of prejudice. The court could have chosen to bust it instead of accommodating it.

In other contexts, the same Supreme Court has not been shy at all about rapping lawmakers and lower courts on their knuckles regarding other social evils. A live-in relationship is not a crime, the Supreme Court observed recently and even asked parliament to protect the rights of women in such relationships and the children born out of it. But the court which is happy to act as the voice of social justice in so many cases chose to sidestep its responsibility in this one because of unnamed “people in whose views this may be akin to social evil.”

That just passed the buck and in effect, revealed the court’s own discomfort with the topic. As Madhavi Menon writes in Scroll, “Neither supporting nor denouncing homosexuality at a personal level should be of any consequence in protecting every citizen of India.”

It also exposes the court’s own tangled thinking in this matter. The Gujarat counsel argued that the film will be a “threat to the national unity” because it promotes an activity that is criminalised under Section 377. If we want to split hairs the film is about homosexuality which is not illegal as opposed to “sex against the order of nature” which is criminalised. But the same court in upholding Section 377 dismissed homosexuals as only a “minuscule fraction”. Now this minuscule minority of little importance suddenly has the superpower to threaten national unity via a Gujarati film! Does the India-changing power of the “Gujarat model” extend to the gay Gujarati as well?

This case is not about banning the film. It’s about a tax exemption. This is different from the recent Kannada lesbian film 141 I Love You that was forced to release without posters or publicity amid threats by fringe groups. This film has its censor certificate and can still release but for a small independent film that tax exemption is vital. However if there is a silver lining, perhaps the publicity around this denial could actually give the film a boost. As a friend in Gujarat noted this might be just the time for a Wishberry campaign to find it a distributor and get it out there as the film the government said “no decent family” could watch.

But even if that happens it does not change the humiliating fact that as neighbouring Nepal adopts a constitution guaranteeing LGBT persons protection from discrimination, India’s highest court just gave state-sponsored discrimination its stamp of approval.

Don’t delete your WhatsApp messages, emails. Govt wants to play peeping Tom!

If the policy formulated on encryption by the government is anything to go by, the Internet users will have to back up all encrypted data with plain text for 90 days.

dna
If the policy formulated on encryption by the government is anything to go by, the Internet users will have to back up all encrypted data with plain text for 90 days.What this implies is that instant messages and emails cannot be deleted, or a banking or an ecommerce transactions would have to be stored, for 90 days. If you don’t do it, you would be violating the IT law, of which the National Encryption Policy is expected to become part of. Legal action proposed in the Act even includes imprisonment.<!– Dna_Article_Middle_300x250_BTF –>Today, when someone sends you an email, only you and the sender can read it as its transit is in an encrypted format and no one else can read it. Since every messaging service and email, including WhatsApp and Gmail, use some form of encryption, this draft policy would cover almost all instant messages and emails.Nikhil Pahwa, editor of online news portal MediaNama, said that since there is no system for automatically saving the data in plain text, everyone would be violating the IT law, if the proposed policy is enforced. “Most people would not even know what plain text means,” he said.This bizarre draft policy prepared by the Department of Electronics and Information Technology (DeitY), under Section 84A of the Information Technology (IT) Act, 2000, has caught the attention of cyber security experts, who believe it is impractical and not feasible.Besides technical constraints to storing encrypted data in plain text, the proposed policy also compromises the security of internet users, Pahwa said.”It reduces the security that users are enjoying. National security is important as is the privacy of an individual. It also gives disproportionate powers over citizens. When kept in plain text, data can be manipulated and modified. When the encryption key is with the state, there is a potential threat of its misuse. The question is who will keep a watch on the watcher,” he said.The draft policy has been put on the DeitY’s website inviting public feedback. It talks of improving e-governance and e-commerce through better security and privacy measure but lays huge emphasis on national security, for which it proposes access to plain text of every internet user.Aakash Maharaj, who runs information security consultancy firm The AppSec Lab, said what is being suggested by DeitY would be impossible to implement anywhere in the world.”Whoever has drafted the policy has very low level of understanding of information security. It’s a stupid report. The state wants to become the keeper of secrets. It has also been done in an opaque manner,” he said.Pahwa said the whole debate on national security versus individual security was like the debate of traffic police versus commuters, where you employ traffic police to check every car.Mahajan said the storage of encrypted data in plain text would make businesses more vulnerable to information theft.”Software developers of most companies work on servers that are outside the country and the data is encrypted. If that is saved in plain text, a hacker does not need access to servers to steal data, just access to office would be enough to steal information,” he said.

Argument over metro seat takes ugly turn: Five juveniles accused of stabbing 16-year old boy to death

New Delhi: Five teenagers were on Thursday apprehended by the police for allegedly stabbing to death a 16-year-old boy after a heated argument over a seat in the metro train at north Delhi’s Kingsway Camp area.

The incident was reported at around 1 PM after the victim, identified as Ishu, and two of his friends, got off the metro at G T B Nagar station.

When they were approaching Kingsway Camp area, the five juveniles confronted them and started a fight over an earlier
skirmish, said a senior police official.

Delhi metro. Image courtesy: AFPDelhi metro. Image courtesy: AFP

Delhi metro. Image courtesy: AFP

The juveniles, aged between 16 and 17 years, allegedly held a grudge against Ishu over a fight which had taken place the previous day in connection with a seat in the metro. The rival groups, belonging to two different government schools, entered into a heated argument once again and one of the juveniles allegedly pulled out a knife and stabbed Ishu multiple times.

They fled the scene when Ishu collapsed, said the senior official.

Locals called up the police and Ishu was taken to a hospital where he was admitted in a critical condition. He succumbed to injuries at around midnight.

The police had first registered a case under Section 307 (attempt to murder) of IPC, said DCP (North) Madhur Verma. But after the boy succumbed, the graver charge of murder (Section 302) was invoked.

The weapon used in the crime has been recovered. The accused were produced before a juvenile board and sent to a reform home, Verma added.

Ishu lived with his family in north Delhi’s Burari area and went to a government school at Kashmere Gate area.

PTI

Delhi: Juveniles stab to death teenager over seat dispute in metro

The juveniles, aged between 16 and 17 years, allegedly held a grudge against Ishu over a fight which had taken place the previous day in connection with a seat in the metro.

dna Research & Archives
Five teenagers were apprehended by the police on Thursday for allegedly stabbing to death a 16-year-old boy after a heated argument over a seat in the metro train at north Delhi’s Kingsway Camp area.The incident was reported at around 1 pm on Wednesday after the victim, identified as Ishu, and two of his friends, de-boarded the metro at G T B Nagar station. When they were approaching Kingsway Camp area, the five juveniles confronted them and started a fight over an earlier skirmish, said a senior police official.The juveniles, aged between 16 and 17 years, allegedly held a grudge against Ishu over a fight which had taken place the previous day in connection with a seat in the metro. The rival groups, belonging to two different government schools, entered into a heated argument once again and one of the juveniles allegedly pulled out a knife and stabbed Ishu multiple times. They fled the scene when Ishu collapsed, said the senior official.<!– Dna_Article_Middle_300x250_BTF –>Locals called up the police and Ishu was taken to a hospital where he was admitted in a critical condition. He succumbed to injuries at around midnight.The police had first registered a case under Section 307 (attempt to murder) of IPC, said DCP (North) Madhur Verma. But after the boy succumbed, the graver charge of murder (Section 302) was invoked. The weapon used in the crime has been recovered.The accused were produced before a juvenile board and sent to a reform home, Verma added.Ishu lived with his family in north Delhi’s Burari area and went to a government school at Kashmere Gate area.

My wife being misused for political ends, says Somnath Bharti

Bharti also accused the Delhi Police of working at the Centre’s “behest” saying it is not “responding” to his offer of joining investigation and wanted to “torture” him in custody instead.
File Photo
dna Research & Archives
AAP MLA Somnath Bharti on Wednesday appeared before the police for the second time in two days offering to join the probe over allegations of attempt to murder and domestic violence even as he said that his “gullible” wife was being “misused” for meeting political ends by rival parties.However, police refused to entertain Bharti saying that the concerned investigating officer was not present while maintaining its demand for “custodial interrogation”, which was not possible in view of the Delhi High Court’s two-day reprieve to him.<!– Dna_Article_Middle_300x250_BTF –>Bharti also accused the Delhi Police of working at the Centre’s “behest” saying it is not “responding” to his offer of joining investigation and wanted to “torture” him in custody instead.”It’s absolutely a matrimonial affair. She (Lipika Mitra) is being misused for political purposes. Political parties have ganged up against me, attempting to damage my party (AAP) through me taking advantage of her innocence and gullibility,” Bharti told PTI. He refuted the charges against him saying he was ready with a point-by-point rebuttal based on solid evidences.The Malviya Nagar legislator also questioned the sections of Indian Penal Code slapped against him. Police was after him as if he was a “terrorist”, he said after showing up at Dwarka North police station in the evening.”The police is being misused. In a case like this Section 307 or 313 cannot be applied. They have used these section as my arrest is not possible under Section 498A and 406. Police should have ideally questioned me by now,” he said.”If their intention is my arrest, who can politically benefit from it? You (police) have issued non-bailable warrant against me, have sent personnel across the country to track me as if I was a terrorist,” Bharti said.The former Delhi Law Minister, with his dog in tow, had appeared at the same station last night also. He also met DCP (Southwest) R A Sanjeev on Wednesday. Joint Commissioner of Police (Southwest) Dependra Pathak said the police is looking for Bharti’s “custodial interrogation”, which is not possible till tomorrow.”Questioning him now can be counted as a coercive action which he will be considered to be a violation of the HC order,” Pathak said. Bharti reacted wondering the need for his custodial interrogation as he is “ready to cooperate with the investigation”.”That is why I am saying that Narendra Modiji’s police is taking revenge. They want to torture me…there is something fishy,” Bharti said.Responding to Bharti’s allegations, Delhi Police Commissioner B S Bassi said that Bharti should have rather joined the probe and introspect about what compelled his wife to get an FIR registered against him.”It is sad that Somnath Bharti is hurling such allegations on Delhi Police and his wife. It is possible that in future he starts questioning the strictness of the law in dealing with cases of crime against women,” said Bassi.

HC orders interim stay on cancellation of foreign funds for Greenpeace India

Chennai: In a relief to Greenpeace India Society, the Madras High Court on Wednesday granted an interim stay for eight weeks on the cancellation of the NGO’s registration under Foreign Contribution Regulations Act (FCRA).

Justice M M Sundresh stayed the Union Home Ministry’s order of September 2 cancelling FCRA 2010 registration number of the NGO’s and issued a notice to it, returnable in eight weeks.

The Greenpeace India’s Executive Director had filed a petition challenging the cancellation, saying the Centre was taking recourse to the “draconian and unconstitutional” provisions of FCRA “after having failed in its earlier misadventures.”

Greenpeace India has been facing crackdown by govt in recent times. AFP image

Greenpeace India has been facing crackdown by govt in recent times. AFP image

“First they suspended the petitioner’s registration number under FCRA and then issued order to freeze the petitioner’s bank account, including accounts used purely for deposit of domestic funds.”

Greenpeace had already fought several rounds of litigations, including one where it won order permitting the NGO to access its domestic funds, on the ground that domestic funds were beyond the scope of FCRA.

The recent order cancelling FCRA registration of the NGO has been on nine grounds including one which says Greenpeace transferred its foreign contributions worth Rs 8.05 lakh in 2010-11 to employees of Greenpeace Environment Trust in “violation” of FCRA rules.

The NGO said the charge was “wholly false” and that no such transfer was made in violation of the law.

The Centre has alleged that Greenpeace utilized more than 50 per cent of foreign contributions for 2011-12 and 2012-13 for administrative expenditure, which is prohibited by Section 8(1)(b) of FCRA.

The NGO’s petition said this was also a false charge.

Though the Centre claims to possess “information and evidence” to conclude that Greenpeace has “violated” FCRA provisions, the NGO has not been furnished any copy of any such information or evidence, despite repeated requests. “The society, thereby, has been denied an opportunity to defend itself,” the petition said.

The petition claimed that even typographical errors in its documents have been concluded as mistatements and wilful default and added that even before the cancellation order was passed, press releases were issued “betraying the malafide” intention of the government.

PTI

Domestic violence case: Delhi court dismisses anticipatory bail plea of AAP leader Somnath Bharti

The Delhi court on Monday dismissed anticipatory bail plea of former Delhi Law minister Somnath Bharti in a domestic violence case.​

The Delhi court on Monday dismissed anticipatory bail plea of former Delhi Law minister Somnath Bharti in a domestic violence case.​Earlier, the court had dismissed an anticipatory bail plea moved by Bharti saying the application was premature since no FIR had been lodged against him then.Police on Thursday had registered an FIR against Bharti three months after his wife Lipika Mitra filed a case of domestic violence against him, levelling serious charges including that of “unleashing” dogs on her when she was pregnant.<!– Dna_Article_Middle_300x250_BTF –>The FIR was registered at Dwarka North police station under Sections 307 (attempt to murder), 498(a)(cruelty towards partner in marriage), 324 (voluntarily causing hurt), 406 (criminal breach of trust), 420 (cheating) and 506 (criminal intimidation) of IPC.Following the registration of FIR, a Delhi court recorded the statement of Lipika before Metropolitan Magistrate Manu Goel Kharb in-chamber under Section 164 of CrPC.The latest FIR comes following four failed attempts of mediation between the former Delhi Law Minister and his wife and Lipika’s insistence on police action against him.Lipika had also filed a 26-page complaint with the Delhi Commission for Women (DCW) on June 10 in this regard alleging that her husband had been abusing her ever since their marriage in 2010.Lipika on Sunday d that she is ready to face any consequence if accusations made by her are proved wrong.In her complaint to police and DCW, Lipika alleged that there was a “persistent threat to her life” from Bharti. The couple has two children and Lipika lives separately in Dwarka along with the kids.

Supreme Court asks states to release undertrials who have served a fourth of total sentence

A year after the Supreme Court announced the immediate release of all inmates, who have served half of their maximum term without the completion of trial, the top court has gone a step ahead asking state governments to consider releasing those who have served one fourth of the total sentence.

Representational Image

dna Research & Archives
A year after the Supreme Court announced the immediate release of all inmates, who have served half of their maximum term without the completion of trial, the top court has gone a step ahead asking state governments to consider releasing those who have served one fourth of the total sentence.If consensus is reached on the proposal, its implementation can reduce the number of undertrials languishing in jails drastically. Prisons all across the country are bustling with undertrials, who have been awaiting justice for donkey’s years. The relief, however, will not be extended to those undertrial prisoners whose offence attracts death penalty.<!– Dna_Article_Middle_300x250_BTF –>”The government has just received the communication and a decision will be taken soon after chief minister Devendra Fadnavis returns from Japan,” said a senior officer.Acting on a PIL, the apex court in September 2014 had asked the law ministry to mobilise judicial officers across the country to visit every prison in their district for two months to identify and release undertrial prisoners who have undergone detention for half the maximum period of imprisonment their offence prescribes under law.Experts say that as per Section 436-A CrPC undertrial prisoners, who suffer detention “during the period of investigation, inquiry or trial” for one half of their maximum imprisonment, should be released by the court on personal bond with or without sureties. However, the law was rarely followed.As per National Crime Records Bureau, around 2.54 lakh prisoners across the country are undertrials. Around 5.6 lakh undertrials were released on bail under the previous UPA government. Meanwhile, Maharashtra has 50 jails with a total capacity of 25,000 prisoners. However, at present they house close to 27,000 inmates which takes the strength to 110% of the capacity.

Minimum qualifications set as Haryana passes Panchayati Raj Bill

The Bill fixes, matriculation as essential qualification for general candidates contesting the Panchayat elections while the qualification for the women (general) and Scheduled caste candidate will be middle standard (VIII).

The State Assembly on Monday passed a Bill, fixing the minimum educational qualification for elections to the Panchayati Raj institutions besides laying down other conditions including making it mandatory for the candidates to have functional toilets.The Assembly on the concluding day of its monsoon session passed the Haryana Panchayati Raj (Amendment) Bill, 2015 after debating it for over an hour, amid a walkout by the Congress while main opposition INLD also raised concern on some points concerning the amendment.The House was informed that Haryana has become the second state after Rajasthan to fix educational and other qualifications for the candidates contesting PRI elections.<!– Dna_Article_Middle_300x250_BTF –>The Bill fixes, matriculation as essential qualification for general candidates contesting the Panchayat elections while the qualification for the women (general) and Scheduled caste candidate will be middle standard (VIII).However, in case of a woman candidate belonging to SC category contesting election for the post of Panch, the minimum qualification shall be V pass.Earlier, the BJP government in the state had promulgated an ordinance fixing educational qualification and other criteria for elections to PRIs, which was recently withdrawn and the Bill now brought in its place.Moving the Bill, Agriculture Minister O P Dhankar termed the legislation as “historic”, saying it was as important as the Cow Protection Act enacted by the Assembly in its session earlier this year.The amendment proposed by Congress MLA Karan Singh Dalal with respect to some clauses pertaining to the Bill introduced today were defeated on the floor of the House, amid walkout by the Congress even before the fate of the legislator’s amendment was known and the Bill put to vote.”See the conduct of honourable Congress friends. Their CLP leader (Kiran Choudhary) did not come to the House. Their (Congress’) attitude towards their own MLA is not in good taste,” Parliamentary Affairs Minister Ram Bilas Sharma told the House even as other ruling BJP MLAs and Ministers cracked jokes on Congress walking out “leaving Dalal in a spot”.Dalal also left the House later before his amendment was defeated.As per an amendment in Clause (v) of Section 175 of the Haryana Panchayati Raj Act, 1994, the minimum academic qualification for all levels of elected representatives of PRIs including Panches, Sarpanches, Block Samiti, Zila Parishad members has been fixed now.Earlier, Dalal said in the House that minimum qualification and other criteria barring the one that makes it mandatory to have functional toilets, as laid down in the present Bill, was not practical and if the government was keen on having it, then the same set of conditions should be made mandatory for MLAs and MPs fighting elections.

Sheena murder case: All three accused sent to police custody till September 5

Prime accused Indrani Mukerjea, her former husband Sanjeev Khanna and her driver Shyam Rai were today produced in Bandra court. Police custody of all 3 accused extended
till September 5.

All three accused in a sensational Sheena Bora murder case were on Monday sent to police custody till September 5.Prime accused Indrani Mukerjea, her former husband Sanjeev Khanna and her driver Shyam Rai were produced before the Bandra court.Fresh charge of attempt to murder (Section 307) has been added by prosecution against Indrani and she has also been accused of attempting to kill Mikhael Bora, as reported by the media.The police also said that they want to recover Sanjeev Khanna’s passport.<!– Dna_Article_Middle_300x250_BTF –>Earlier, Indrani Mukerjea’s counsel had complained to Mumbai Police Commissioner Rakesh Maria on Monday that his officers are resorting to pressuring methods to extract a confession from her.The counsel said that they was not allowed to meet their client late on Saturday night and that Indrani’s face was bruised & swollen. The lawyers also alleged that the Mumbai police had beaten her up in custody, according to reports.On Sunday, all three accused were taken to the spot in Raigad, where Sheena’s body was dumped, to recreate the crime scene.Indrani Mukerjea’s former husband Sanjeev Khanna and her driver Shyam Rai were today taken to Raigad district to ‘recreate’ the crime scene in the Sheena Bora murder case by Mumbai Police as investigators sought to gather evidence.Police are also probing Mikhail’s claim that just hours before Indrani and Sanjeev met Sheena on April 24, 2012 and took her for what would be the last drive of her life, Indrani had also allegedly drugged him. By the time they came back, the suspicious, groggy Mikhail had fled.

Congress picks holes in Modi government’s new stance on land bill

The Congress on Saturday picked up holes in the notification route on the Land bill insisting that though the Law Ministry had opposed the move, Government went ahead with it with an eye on Bihar Assembly polls.

Jairam Ramesh

The Congress on Saturday picked up holes in the notification route on the Land bill insisting that though the Law Ministry had opposed the move, Government went ahead with it with an eye on Bihar Assembly polls.”This has been done only with a view to blunt the opposition campaign in Bihar polls against the BJP that it was anti-farmer”, party leader Jairam Ramesh told reporters.Ramesh alleged that the move was an “insult to Parliament” as it was an attempt to bypass it by a government which “slept for seven long months” after coming to power” and had failed to bring amendments to relevant Acts before the 2014 end deadline.<!– Dna_Article_Middle_300x250_BTF –>At the same time, he made it clear that the Congress was only against the manner in which it has been done by the government and not against extending benefits to those whose land is acquired under the land law.Giving up the ordinance route, government had yesterday issued an ‘order’ to include 13 central Acts like National Highway and Railways Acts to extend benefits to those whose land is acquired under land law.The order issued by the government under the removal of difficulties clause (Section 113) in the Land Act now extends the provisions relating to the determination of compensation, rehabilitation and resettlement to all cases of land acquisition under 13 central acts which were left out in the 2013 law.By using the clause, government has done away with the need to issue the controversial land ordinance for a record fourth time. The ordinance will lapse on August 31, six weeks after the commencement of the Monsoon session — July 21.Attorney General Mukul Rohatgi is understood to be in favour of issuing such an order, but the Law Ministry said only an ordinance can be brought to bring the 13 acts under the ambit of the land law.As per the section 105 (3) of the Land Acquisition Act 2013, Centre may, within one year of the enactment of the law, extend benefits of the first and second schedule of the Act (provisions relating to the determination of compensation and rehabilitation and resettlement) to the acquisitions made under 13 other central acts.In its response, the Law Ministry said that since the desired notification under section 105 of the Act has not been issued and the one year period has already been lapsed “doing so at this belated stage may not be legally tenable”. It said it can now be done only through a legislation or an Ordinance.Since a Joint Committee of Parliament is examining the amended land bill brought by the NDA government, the government did not touch upon the controversial clauses which were part of the ordinance.Also Read: FM Arun Jaitley says decision on Land Ordinance within 48 hours

Now, Mangalore woman accuses Muslim man of ‘outraging her modesty’

The woman did not respond to questions at the press conference as to why was she trying to help her companion or why she was thrashed and abused by the mob.

The woman did not respond to questions at the press conference as to why was she trying to help her companion or why she was thrashed and abused by the mob.

The Hindu woman who was assaulted by a Hindu right-wing group for being seen with a Muslim man in communally polarised Mangalore has now accused the youth of ‘outraging her modesty’, reports The Hindustan Times.On Monday, the woman and her 29 year-old companion were travelling in his car. However, they were stopped and dragged out by the right wing mob. The Muslim man was thrashed and stripped and later his images were circulated on WhatsApp. The men are allegedly associated to Bajrang Dal.TV news channels at that time showed the woman trying to help her friend.<!– Dna_Article_Middle_300x250_BTF –>The woman has registered a case against him late on Monday under Section 354 of the Indian Penal Code. She said, “He (her companion and a colleague) tried to drag me into his car. They (Bajrang Dal supporters) responded to my calls for help.” She held a press conference about the complaint with a Bajrang Dal leader today.The woman did not respond to questions at the press conference as to why was she trying to help her companion or why she was thrashed and abused by the mob.The Muslim man, in his complaint, said that the two were going to an ATM as the woman had borrowed Rs 2,000 from him. They were attacked by the gang of men while they were on their to the ATM.

Death for kidnapping for ransom can’t be dubbed outrageous: Supreme Court

The apex court’s verdict came on a petition filed by a convict, who was awarded death sentence in a kidnapping-cum -murder case, challenging the constitutional validity of section 364A of IPC.

Rising incidents of kidnapping and abduction for ransom not only by ordinary criminals but even by terrorists necessitate a stringent punishment for those indulging in such activities, the Supreme Court has said while upholding death sentence under section 364A of IPC.”The gradual growth of the challenges posed by kidnapping and abductions for ransom, not only by ordinary criminals for monetary gain or as an organised activity for economic gains but by terrorist organisations is what necessitated the incorporation of Section 364A of the IPC and a stringent punishment for those indulging in such activities.<!– Dna_Article_Middle_300x250_BTF –>”Given the background in which the law was enacted and the concern shown by Parliament for the safety and security of the citizens and the unity, sovereignty and integrity of the country, the punishment prescribed for those committing any act contrary to Section 364A cannot be dubbed as so outrageously disproportionate to the nature of the offence as to call for same being declared unconstitutional,” a three-judge bench headed by Justice T S Thakur said.The apex court’s verdict came on a petition filed by a convict, who was awarded death sentence in a kidnapping-cum -murder case, challenging the constitutional validity of section 364A of IPC.The court made it clear that “situations where the act which the accused is charged with is proved to be an act of terrorism threatening the very essence of our federal, secular and democratic structure may possibly be the only other situation where courts may consider awarding extreme penalty.”But, short of death in such extreme and rarest of rare cases, imprisonment for life for a proved case of kidnapping or abduction will not qualify for being described as barbaric or inhuman so as to infringe the right to life guaranteed under Article 21 of the Constitution.”The apex court concurred with the recommendations of the Law Commission that a separate provision was required keeping in mind the menacing dimensions which terrorist organisations had acquired.”Section 364A came on the statute book initially in the year 1993 not only because kidnapping and abduction for ransom were becoming rampant and Law Commission had recommended that a separate provision making it punishable be incorporated but also because activities of terrorist organisations had acquired menacing dimensions that called for an effective legal framework…” the bench also comprising justices R K Agrawal and A K Goel said.

Arvind Kejriwal offers FTII students relocation to Delhi, says institute being destroyed by govt’s wrong decisions

Arvind Kejriwal also offered to help students.

Deccan gymkhana police station where five students of FTII have been arrested.

ANI
Delhi Chief Minister Arvind Kejriwal on Wednesday offered FTII students a relocation to Delhi and accused government of destroying the reputed institution systematically On Twitter, Kejriwal said, “I am shocked to hear what’s going on at FTII. An internationally reputed institute being systematically destroyed by government’s wrong decisions.”Kejriwal also offered to help students. “My offer to FTII students – Delhi government can provide you temporary space in Delhi. Run your classes here till the central government agrees,” he said.<!– Dna_Article_Middle_300x250_BTF –>Kejriwal also added that if finally, central government doesn’t agree, the place can be converted into a full fledged institute and students can continue studying in Delhi itself.AAP leader Ashutosh also condemned the action taken against students, “Police raid and arrest of 5 FTII students is condemnable. Government has no respect for democratic protest and hell bent to demolish institutions.”He further added, “Government’s insistence on Gajendra is beyond comprehension. It shows it no respect for creative arts and nefarious design to ruin creativity. Creative art and literature is first enemy of dictators/fascists.”In a midnight crackdown, police arrested five students of Film and Television Institute of India (FTII) from its campus on charges of rioting.The arrests come after a group of striking students had on Monday gheraoed the institute director, Prashant Pathrabe, protesting against “irrational and unjustified” assessment of the incomplete diploma projects.Acting on a complaint filed by Pathrabe, police lodged an FIR against 15 students. Of them, five were arrested on charges of rioting under Section 353 of the IPC, police said.The arrested students have been taken to the Deccan police station.The gherao came amid the ongoing protests by FTII students against the appointment of BJP member and TV actor Gajendra Chauhan as chairman of the institution. The protests are now in its 71st day.

Supreme Court takes note of plea on cruelty against elephants in Kerala

Dealing with charges of cruelty meted to the elephants in Kerala, the court said it would be the state’s obligation to see that registration of the pachyderms is carried out.

Elephants are used to participate in religious festivals and processions in Kerala and also to carry the deities.
Image Courtesy: Wiki commons

The Supreme Court on Tuesday took note of pleas alleging cruelty meted out to captive elephants in Kerala, particularly in temples, and directed the top wildlife officer to undertake a headcount of all of them and act against those keeping them without the requisite permission.”As far as the present issue is concerned, we are inclined to direct that the Chief Wildlife Warden shall see to it that all the captive elephants existing in the State of Kerala are counted and in the absence of obtainment of requisite certificate under Section 42 of the Wildlife (Protection) Act 1972 and the declaration made under Section 40, appropriate action shall be initiated against the owners,” the bench of Justices Dipak Misra and R Banumathi said.<!– Dna_Article_Middle_300x250_BTF –>Dealing with charges of cruelty meted to the elephants in Kerala, the court said it would be the state’s obligation to see that registration of the pachyderms is carried out.”It shall be the duty of the State, the District Committee, Management of the Devaswom, the Management of the Temple and the owners of the elephants to see that no elephant is meted with any kind of cruelty and, if it is found, apart from being lodging of criminal prosecution, they shall face severe consequences which may include confiscation of the elephants to the State,” the bench said.Referring to the Kerala Captive Elephants (Management and Maintenance) Rules, it said on its perusal, it was “clear as crystal that it obliges the District Committee to take necessary measures to ensure that the festival committee constituted for smooth conduct of the festivals or the persons organising such functions in which elephants are exposed are required to adhere to many a measure. The District Committee is bound by the Rules and see to it that the festival committees follow the same.” It asked “temples or the Devaswom” to get themselves registered with the district committee within six weeks to ensure that elephants are used properly in religious events. Elephants are used to participate in religious festivals and processions in Kerala and also to carry the deities.”We think that they should be registered with the Committee and accordingly it is directed that the registration shall be done within a period of six weeks from today. The temple and Devaswom shall, apart from other formalities, also mention how many elephants it is going to use in any festival,” it said.During the hearing, Solicitor General (SG) Ranjit Kumar, appearing for the Centre and the counsel for Kerala told the bench that the elephants participating in religious festivals and processions carry the deities and are not covered under the statutory definition of “performing animals” and hence, do not need to be registered.”There is no ban on captive elephants taking part in religious festivals,” the SG said.”If elephants carry the deities, then there is no problem. But there should not be any cruelty towards them,” the court said, adding that registration of elephants can be done under the rules framed under the Wildlife Protection Act.Earlier, the apex court had asked the Centre and others including Animal Welfare Board to ensure that no elephant is “treated or meted with cruelty” during religious festivals across the country. The court had issued notice to the Centre, nine states and the Animal Welfare Board of India on the PIL seeking steps for protection and welfare of elephants held in captivity including a complete ban on their sale, gifting and use in religious festivals.The PIL, filed by six organisations and individuals including Wildlife Rescue and Rehabilitation Centre, has said that the number of captive elephants kept by private persons and religious institutions stood at over 3,000. The figure of captive elephants is more than those which are with the forest department, zoos and circus and they were being traded openly and subjected to cruelty in violation of laws like the Wild Life (Protection) Act and the Prevention of Cruelty to Animals Act, it had contended.

Mumbai: Police file case against unidentified man who masturbated in front of woman

Photo courtesy: Twitter

An FIR has been filed against the unidentified man whose photo went viral after he masturbated in front of a woman. The Colaba police on Tuesday registered a case against the man, an English daily reported. Vinay Gadgil, senior police inspector of the Colaba police station said that a case under Section 509 has been filed against the man. The action comes after the woman put up a picture on Twitter claiming that the man had masturbated in her presence on the street. On Monday morning, the woman had tweeted: “”Please RT — this man just masturbated at me on the street in broad daylight. Ran way after confrontation.” The tweet has since been deleted, but was retweeted thousands of times and even came to the attention of Maharasthra Chief Minister Devendra Fadnavis, who asked the Colaba police to take action. The police have distributed the man’s picture to several shopkeepers and informants. <!– Dna_Article_Middle_300x250_BTF –>Later, the woman had thanked people for their support and revealed by she had taken down the photo. What is Section 509 of the IPC? If found guilty, the man could face one year of jail or a fine or both. The wording of the Indian Penal Code reads: “Word, gesture or act intended to insult the modesty of a woman.—Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.”

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