News Of the day

NEWS OF THE DAY

Allahabad HC asks ECI, whether NYAY scheme a bribe?

The Allahabad High Court has asked the Indian National Congress to respond to the Public Interest Litigation (PIL No. ­ 729 of 2019) filed against its Nyay Scheme. Mohit Kumar, lawyer, had approached the High Court alleging that the declaration made by the party in its Election Manifesto ensuring minimum income guarantee/payment of Rs. 72,000/- per annum is nothing but a bribe to the voters inducing them to vote for Congress candidates. The bench made these two queries to the Election commission. If an Election Manifesto contains some promises which may satisfy the definition of "corrupt practice" as defined under Section 123 for example, in the present case, bribery to voters, can immediate action be not taken by ECI prohibiting canvassing of such conditions by such Party and/or declaring Party itself or the Party's candidate taking advantage of such election manifesto, disqualified for election. If such promises, as noticed above, are made by any Political Party or candidate in an Election Manifesto, is there any other method or suggestion available with ECI to prohibit and prevent such Political Party or candidates from taking advantage by publishing such an Election Manifesto containing promises or representations which violate MCC and provisions of RP Act, 1951, as noticed above.

Gujrat HC observed that MCC does not apply on Co-operative Society which are not funded by govt.

The High Court of Gujarat has held that Model Code of Conduct is not applicable to a co-operative society which is not wholly or partially funded by the Government and which is not carrying any development work on behalf of the Government. insofar as co-operative societies are concerned, on a plain reading of clause 3.5 of the Code of Conduct, it is evident that unless such society is funded wholly or partially by the Central Government or the State Government and is carrying on development work on their behalf it would not be governed by the Model Code of Conduct during the routine course of its business", held the Division Bench of Justices Harsha Devani and Bhargav D Karia. MEHSANA DISTRICT CO-OPERATIVE MILK PRODUCERS UNION LIMITED v. THE DISTRICT ELECTION OFFICER, MEHSANA AND THE DISTRICT COLLECTOR MEHSANA

Supreme Court of Nepal stays ban on PUBG.

Supreme Court of Nepal has stayed the Government order banning popular mobile game Player Unknown's Battleground (PUBG), the Himalayan Times reports. Following Kathmandu District Court order, the government agencies in Nepal had issued orders banning PUBG. In an interim order passed in the writ petition, Justice Ishwar Prasad Khatiwada observed that PUBG was basically a game used by general public for entertainment. The court further remarked: Since press freedom and freedom of expression are guaranteed by the constitution, it is necessary to prove that such bans are just, fair and reasonable, and the actions of the authorities concerned are wise and logical... if the ban was allowed to remain in effect, it could adversely impact people's rights to freedom."

Bombay HC denies to order removal of ‘terrorist’ remark for ‘Bhindrawale’ in textbooks.

The Bombay High Court dismissed writ petition filed by petitioner Amrit Pal Singh Khalsa that asked the court for deletion of reference to Sikh leader Jarnail Singh Bhindrawale as "terrorist" in Class IX History textbooks. A bench of Justice(s) Bharati H Dangre and SC Dharmadhikari pronounced the judgment, which was reserved on the 5th of December, 2018. Rejecting the contention that the textbook allegedly referred to Saint Bhindrawale and shaheeds protecting the Golden Temple as "terrorists" and that it hurts the religious sentiments of the Sikh Community, the court said: "[…] the Operation Blue Star is referred to and it is termed as a military expedition taken up with a particular objective. That is how it is described as an operation. The Operation Blue Star was undertaken to evict the terrorists hiding in the Golden Temple. It is in this context that we must read the alleged offending sentences and we do not see any insulting or irreverential reference therein to anybody much less Shri. Bhindranwale. The contents of the Chapter [in the text book] do not term him as a terrorist. If the Chapter is read as a whole and harmoniously, the alleged offending portion is perused in its entirety, then, we do not find anything therein which would hurt the religious sentiments of the Sikh community." AMRITPAL SINGH KHALSA v. MAHARASHTRA STATE BUREAU OF TEXTBOOK PRODUCTION AND CURRICULUM RESEARCH

Burnt ‘Om’ imprint on Muslim trial prisoner in Tihar.

A Muslim under trial prisoner alleged that Jail Superintendent had "burn imprinted" symbol 'Om' on his back and has also deprived him of food for two days. Delhi Court ordered for inquiry after the incident was reported. Nabbir alias Popa, an under trial prisoner, is lodged at Jail No. 4 of Tihar. His Counsel Jagmohan has submitted before Magistrate Richa Parihar that Nabbir has been subjected to cruelty and inhuman treatment in the jail by the Jail Superintendent. Court has directed for collection of necessary CCTV footage and has asked for statement of other inmates in this regard. It has further directed that the necessary arrangements be made to ensure the safety of accused in Jail.

CJI Accused of sexual harassment; Judge in his own case.

Chief Justice of India, Ranjan Gagoi has been accused of sexual assault by his junior assistant, who was a former court officer. She has alleged that -she was "unceremoniously terminated" from her post due to taking stand against such harassment followed with frivolous FIR filed in March 2019, against her and her family. Special bench has been designated comprising of CJI himself (accused in the case), Justice Arun Mishra and Justice Sanjiv Khanna. "This is unbelievable, I should not step low even in denying it". A bank balance of six lakh 80 thousands is all I have. They cannot catch me on money, so they have brought up this"- CJI

Brother of Sohrabuddin Shaikh filed appeal against the judgment of the Special CBI Court.

Rubabuddin Shaikh, brother of deceased Sohrabuddin Shaikh, has filed an appeal against the judgment of the Special CBI Court dated December 21, 2018, acquitting all 22 accused in the case. Shaikh has sought quashing of the said judgment or in the alternative, directions for a re-trial. Previously, Rubabuddin had written to the Ministry of Home Affairs, Director, CBI and the Cabinet Secretary requesting them to file an appeal against the judgment of Special CBI judge SJ Sharma. "The learned Special Judge bases his judgment on unwarranted assumptions and manifestly erroneous appreciation of evidence. His actions have led to a substantial miscarriage of justice, and hence interference of this Hon'ble Court is justified in order to secure the ends of justice", the appeal states. In the 358-page judgment, Judge Sharma expressed his sympathy towards the family of the deceased. But he also pointed to the lack of conclusive evidence in the case.

Ban on mining and related activities along Kaziranga National Park: SC

In a major boost to conservation of wildlife in this UNESCO world heritage site, the Supreme Court has banned mining and related activities along the Kaziranga National Park & Tiger Reserve (KNP) and in the catchment area of the rivers/streams and rivulets which originate in the Karbi Anglong Hill ranges and flow into the park. A bench of Justice Arun Mishra and Justice Deepak Gupta ordered that "that all kind of mining and related activities along the Kaziranga National Park area and in the entire catchment area of rivers/streams and rivulets originating in Karbi Anglong Hill ranges and flowing into Kaziranga National Park, including Tiger Reserve are restrained. "No new construction shall be permitted on private lands which form part of the nine identified animal corridors" SC further observed. Writ Petition(s)(Civil) No(s). 202/1995 IN RE : T.N. GODAVARMAN THIRUMULPAD versus UNION OF INDIA AND ORS. & ORS.

Malegaon Blast Victim's Father Files Application before Spl NIA Court requesting to restrict Pragya Thakur to contest election.

Nisar Ahmed Sayyed Bilal, a 59-year-old resident of Malegaon, Nashik has filed an intervention application before Special NIA Court seeking directions to restrain Pragya Singh Thakur from contesting elections. Thakur is one of the main accused in the Malegaon blast case of 2008. Pragya Thakur is set to contest the upcoming Lok Sabha elections from Bhopal on a BJP ticket. Pragya Thakur was arrested on 23rd October 2008 and is in custody since last more than 8 years. She is on an enlarged bail on the ground of illness. She in her bail application stated that she is suffering form breast cancer and is not even is state to walk without support.

Relief to journalist Poonam Agarwal, Bombay HC Quashes FIR Against her.

In a relief to journalist Poonam Agarwal, Associate Editor of "The Quint", the Bombay High Court quashed the FIR registered against her. She was accused of abetment of suicide of a jawan who was interviewed by her in a sting video. A sting operation was conducted by her with assistance of an ex-military man and Kargil War veteran Deepchand Singh. The sying operation was conducted to show that 'sahayak system' of engaging subordinate officers for menial work for seniors was being followed in army camps, despite its ban by Army as per Circular dated 19th January 2017. After the video went viral online, Lance Naik Roy Mathew, who was interviewed in the video, committed suicide by hanging on March 7, 2017. Following this, an FIR was registered for abetment of suicide against Poonam Agarwal and Deepchand for offences punishable under Sections 306,451, 500 read with 34 of the Indian Penal Code. Offences punishable under Sections 3 and 7 of the Official Secrets Act were also included in the FIR.