Tag: hear

‘Misuse of ED, CBI against Oppn’, SC to hear plea by 14 parties on April 5

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New Delhi: Fourteen political parties, including the Congress, Trinamool Congress, AAP, NCP, Shiv Sena (UBT), on Friday moved the Supreme Court against the alleged misuse of investigative agencies in arresting opposition leaders and sought guidelines on arrest.
The parties sought guidelines to fulfil and realise the guarantee of personal liberty entrenched in Article 21 of the Constitution, for all citizens, including those targeted for exercising their right to political dissent and for performing their duties as the political opposition.
The political parties forming the petitioners are: Congress, DMK, RJD, BRS, Trinamool Congress, AAP, NCP, Shiv Sena (UBT), JMM, JD(U), CPI(M), CPI, Samajwadi Party, J&K National Conference, together representing 45.19 per cent of the votes cast in the last Assembly polls, and 42.5 per cent of the votes cast in the 2019 general elections, and holding power in 11 states/union territories.
Senior advocate A.M. Singhvi mentioned the matter before a bench headed by Chief Justice D.Y. Chandrachud for early hearing.
The top court agreed to hear the matter on April 5.
The counsel clarified that they are not attempting to affect the ongoing investigations.
The plea said that 14 opposition political parties have filed a petition, in light of the alarming rise in the use of coercive criminal processes against their leaders and other citizens exercising their fundamental right to dissent and disagree with the central government.
The plea submitted that investigating agencies such as CBI and ED are being increasingly deployed in a selective and targeted manner with a view to completely crush political dissent and upend the fundamental premises of a representative democracy.

The petition has been drawn and filed by advocate Shadan Farasat and settled by Singhvi.
According to the plea, only 23 convictions under the Prevention of Money Laundering Act, 2002 (PMLA) have been secured as of now, even as the number of cases registered by the ED under the PMLA have risen exponentially (from 209 in 2013-14 F.Y. to 981 in 2020-21, and 1,180 in 2021-22).
“Between 2004-14, of the 72 political leaders investigated by the CBI, 43 (under 60 per cent) were from the Opposition of the time. Now, this same figure has risen to over 95 per cent. The same pattern is reflected in ED’s investigations as well, with the proportion of Opposition leaders from the total number of politicians investigated rising from 54 per cent (before 2014) to 95 per cent (after 2014),” it further added.
The petitioners have sought from the apex court certain prospectively applicable guidelines governing the arrest, remand, and bail of persons in offences (which may or may not be punishable with imprisonment for above seven years) not involving serious bodily harm (thereby obviously excluding homicide, rape, terrorism etc.).
“As for arrest and remand, the petitioners seek that the triple test (whether a person is a flight risk, or whether there is a reasonable apprehension of the tampering of evidence or of the influencing/intimidation of witnesses) be used by police officers/ED officials and courts alike for arrest of persons in any cognizable offences except those involving serious bodily violence. Where these conditions are not satisfied, alternatives like interrogation at fixed hours or at most house arrest be used to meet the demands of investigation.
“As for bail, the petitioners seek that the principle of ‘bail as rule, jail as exception’ be followed by all courts throughout, especially in cases where non-violent offences are alleged, and that bail be denied only where the aforementioned triple-test is met,” the plea added.
It further contended that where special laws such as PMLA with stringent bail conditions are concerned, the petitioners seek that such bail provisions be harmonised with Article 21 of the Constitution.
“As such, therefore, where it appears that the trial is unlikely to complete within six months, the accused be released on bail even under special laws unless the conditions in the triple-test are not fulfilled.”
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#Misuse #CBI #Oppn #hear #plea #parties #April
( With inputs from www.siasat.com )

March 24, 2023
“I want whole world to hear stories of Indian women”: Rani Mukerji

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Mumbai: Rani Mukerji has portrayed a number of versatile characters in a career spanning almost three decades. She has treated audiences to some of the most loved women protagonists on screen through her performances in films like ‘Black’, ‘Hichki’, ‘Mardaani’ and ‘No One Killed Jessica’.
And now with ‘Mrs Chatterjee Vs Norway’, she has once again shown the woman of substance and strength who stands for her rights and raises her voice against injustice.
In the film, Rani essays the role of a mother battling the state for her kids. The film is based on Sagarika Chakaraborty’s book The Journey of a Mother.
Sagarika Chatterjee stood up against the government of Norway to fight for the right to be reunited with her children after they were allegedly taken away from her and placed in foster care and were told that they will not be returned until the age of 18.
Rani’s role as a mother is being hailed by many.
Expressing her happiness about the film’s success, Rani told ANI, “It always feels great to see stories of our Indian women being heard globally. I have always tried my best to take the stories of our Indian women to a global platform. I am an Indian woman and know our powers…so I always ensure that our stories are heard with my work.”
Rani further said that a good film will always resonate with people. “If your content is good then it will definitely find its audience irrespective of the medium. By gods grace, Mrs Chatterjee vs Norway has found its audience! I am really happy to see people showering love on our film,” she added.

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#world #hear #stories #Indian #women #Rani #Mukerji
( With inputs from www.siasat.com )

March 22, 2023
‘Discrimination in Shariat law’: SC to hear plea on equal property share to females

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New Delhi: The Supreme Court on Friday agreed to hear a plea filed by a Muslim woman who claimed the provision of Shariat law to the extent of not giving an equal share to a female compared to a male is “discriminatory” and violative of the rights guaranteed under the Constitution.
A bench of justices Krishna Murari and Sanjay Karol was hearing the appeal against the Kerala High Court’s January 6 order filed by Bushara Ali, who claimed that it is her grievance that being a daughter, according to Shariat Law, she was only allotted half the shares as of her male counterparts.
The bench issued notice to the petitioner’s 11 siblings which include four sisters.
The plea, filed through advocate Bijo Mathew Joy, said Bushara is a decree holder in a partition suit whereby according to a preliminary decree dated January 19, 1995, she was allotted 7/152 shares of the scheduled property having 1.44 acres each.
Joy said that a status quo has also been ordered by the apex court.
The plea filed by Bushara said, “Petitioner is aggrieved by the final decree passed by the trial court wherein the petitioner was only allotted 4.82 cents of property marked as plot D of advocate commissioner’s plan.”
Bushara said her father died intestate leaving behind his wife, seven sons and five daughters.
She said in her plea, “It is the grievance of the petitioner that in spite of guarantee of the Constitution, Muslim women are subjected to discrimination. Even though the preliminary decree dated January 19, 1995 was not challenged and had become final, petitioner begs to submit that the partition of the property as per Shariat Law is discriminatory and same needs to be set aside. The Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, to the extent of not giving equal share to a female compared to a male is violative of Article 15 of the Constitution and therefore void as per Article 13 of Constitution.”

The petition said that a similar issue is pending consideration before the court.
Referring to the 2017 verdict in triple talaq case, she said the 1937 Act is a pre-constitutional legislation which would fall directly within Article 13(1) of Constitution.
Article 13(1) states “all laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void”.
Bushara said she raised the objections against the advocate commissioner’s report and plan dated 2022 before the trial court but it was dismissed and the advocate commissioner’s plan was accepted and based on that, the property having an extent of 4.82 cents was allotted to petitioner.
“The High Court in First Appeal, without even looking into the records and without considering my aforesaid objections to the Commission report erroneously dismissed the appeal,” she said.
Bushara sought interim order from the apex court restraining her siblings from alienating 80.44 cents of scheduled property as per advocate commissioner’s report dated July 25, 2022.
(Except for the headline, the story has not been edited by Siasat staff and is published from a syndicated feed.)
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#Discrimination #Shariat #law #hear #plea #equal #property #share #females
( With inputs from www.siasat.com )

March 17, 2023
Godhra train burning case: SC to hear pleas of Gujarat govt, convicts on March 24

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New Delhi: The Supreme Court on Friday said it will hear on March 24 the appeal of the Gujarat government and the bail pleas of several accused who are serving life imprisonment in the 2002 Godhra train burning case.
A bench comprising Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala, meanwhile, directed the counsel for the Gujarat government and the convicts to provide a soft copy of the consolidated chart containing details such as actual sentences awarded to them and the period spent in jail till now.
The bench adjourned the hearing after it was apprised that Solicitor General Tushar Mehta, representing the state government, was then unavailable.
“We will have it on Friday,” the bench said.
On February 20, the state government had told the top court that it will be seeking award of death penalty to 11 convicts whose sentences in the 2002 Godhra train burning case were commuted to life imprisonment by the Gujarat High Court.
“We will be seriously pressing for award of death penalty to the convicts whose death penalties were commuted into life imprisonment (by the Gujarat High Court). This is the rarest of rare cases where 59 people, including women and children, were burnt alive,” the solicitor general had said.
“It is consistent everywhere that the bogey was locked from outside. Fifty-nine died, including ladies and children,” he had added.
Giving details, the law officer had said 11 convicts were sentenced to death by the trial court and 20 others granted life term in the case.

The high court upheld total 31 convictions in the case and commuted the death penalties of the 11 convicts to life term, Mehta had said.
On February 27, 2002, 59 people were killed when the S-6 coach of the train was burnt at Gujarat’s Godhra, triggering riots in the state.
The state government has come in appeal against the commutation of death penalty into life term for 11 convicts, Mehta said. Several accused, he added, have filed pleas against the high court upholding their convictions in the case.
The top court has granted bail to two convicts in the case so far. Seven other bail pleas are pending adjudication in the matter.
The bench noted that a large number of bail applications have been filed before it in the case and said, “It has been agreed that the AORs (advocates-on-record) on behalf of applicants along with advocate Swati Ghildiyal, standing counsel for Gujarat, shall prepare a comprehensive chart with all relevant details. List after three weeks.”
The Supreme Court had on January 30 sought the Gujarat government’s response on the bail pleas of some of the convicts sentenced to life imprisonment in the case.
The court issued notice to the state government on the bail pleas of Abdul Raheman Dhantia alias Kankatto and Abdul Sattar Ibrahim Gaddi Asla, among others.
The state government, on the other hand, said it was not “merely a stone pelting” case as the convicts had bolted a bogey of the Sabarmati Express, leading to the death of several passengers on the train.
“Some are saying their role was just stone pelting. But when you lock a bogey from outside, light it on fire and then pelt stones, it is not just stone pelting,” the solicitor general had said.
On December 15, last year, the top court granted bail to Faruk, who was serving a life sentence in the case and noted that he had been in jail for 17 years.
Faruk, along with several others, was convicted for pelting stones at a coach of the Sabarmati Express.
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#Godhra #train #burning #case #hear #pleas #Gujarat #govt #convicts #March
( With inputs from www.siasat.com )

March 17, 2023
Telangana govt vs Governor: SC to hear govt’s plea over delay in assent to bills

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New Delhi: The Supreme Court on Tuesday agreed to examine a plea filed by the Telangana government seeking directions to Governor Tamilisai Soundararajan to clear ten bills passed by the legislative Assembly, which are awaiting her assent.
Senior advocate Dushyant Dave mentioned the matter before a bench headed by Chief Justice of India D.Y. Chandrachud for urgent listing, saying that “several bills are stuck”. After hearing brief submissions, the bench agreed to list the matter on March 20.
Earlier this month, the Telangana government had approached the Supreme Court seeking direction to the Governor to give her approval to the bills passed by the state legislature. In a writ petition, the state government has brought to the notice of the Supreme Court that 10 bills are pending with Raj Bhavan. While seven bills are pending since September 2022, three bills were sent to the Governor last month for her approval. The Secretary to the Governor and the Union Law Ministry has been made respondents in the case.
The plea contended that Article 200 of the Constitution empowers the Governor to either assent to a Bill passed by the state legislature or to withhold assent therefrom or to reserve the Bill for consideration of the President and this power is however to be exercised “as soon as possible”.
This is the second time that the Bharat Rashtra Samithi (BRS) government has knocked on the court’s door against the Governor.
Last month, the government moved the Telangana High Court seeking direction to the Governor to give her approval to the state Budget for 2023-24. The court, however, had suggested both sides sort out the issue amicably.
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#Telangana #govt #Governor #hear #govts #plea #delay #assent #bills
( With inputs from www.siasat.com )

March 14, 2023
Excise policy scam: Delhi court to hear Sisodia’s bail plea today

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Delhi: A Delhi court is to hear on Friday the bail application of Aam Aadmi Party (AAP) leader and former deputy Chief Minister Manish Sisodia in connection with the now-scrapped excise policy case.
He was arrested by the Central Bureau of Investigation (CBI) on February 26 after quizzing him for several hours.
Special CBI Judge M.K. Nagpal of the Rouse Avenue Courts sent Sisodia to 14 days of judicial custody on March 6.
The CBI was given his remand for seven days before the judge sent him to judicial custody till March 20.
The judge had directed the CBI to file its response to the accused’s bail application by Friday.
It has been claimed by the accused that he had fully cooperated with the central agency during the probe.
He has stated that as all the recoveries have already been made, no fruitful purpose would be served by keeping him in custody and that the other accused persons arrested in this case have already been granted bail.
He has pointed out that he has held an important constitutional post and has deep roots in the society.

However, during the last hearing, the counsel appearing for the central agency said that at this stage, they are not seeking further CBI remand but in the next 15 days they might seek it.
In a twist, the Enforcement Directorate (ED) also arrested Sisodia on Thursday in the same case.
The ED, on the eve of his bail hearing, questioned him in connection with the alleged kickbacks of Rs 100 crore which the AAP party/leaders received through hawala channel from the south group.
He was also asked about Arun Pillai and K. Kavitha, daughter of Telangana Chief Minister K. Chandrasekhar Rao.
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#Excise #policy #scam #Delhi #court #hear #Sisodias #bail #plea #today
( With inputs from www.siasat.com )

March 10, 2023
Telangana HC to hear PIL against issuing pattas to encroachers

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Hyderabad: Forum for Good Governance (FGG), a non-profit organisation has moved the Telangana High Court against the decision of the Tribal Welfare Department to issue pattas to encroachers.
The principal secretary of the Tribal Welfare Department issued an impugned memo dated November 5, 2021, to undertake a special drive to give pattas to illegal, ineligible, and non-existing encroachers of Reserve Forests to the extent of 11.5 lakh acres.
Following the issuance of the memo, FGG Secretary M Padmanabha Reddy filed a PIL urging the court to order the defendants not to distribute patta certificates while the PIL was pending and to stay the contested memo issued on November 5, 2021.
The FGG named the state government represented by its chief secretary (GAD), the Union of India, the secretary, Ministry of Tribal Affairs, the special chief secretary, Environment, Forest, Science and Technology department, the principal secretary, Tribal Welfare Department, the commissioner of Tribal Welfare, the principal chief conservator of Forests, and the secretary, Ministry of Environment, Forests and Climate Change.
The PIL will likely be listed before the CJ bench in a day or two.
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#Telangana #hear #PIL #issuing #pattas #encroachers
( With inputs from www.siasat.com )

March 1, 2023
SC to hear plea of Tamil Nadu against HC order permitting RSS to take out march

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New Delhi: The Supreme Court Wednesday agreed to hear on March 3 an appeal of the Tamil Nadu government against the Madras High Court order permitting the Rashtriya Swayamsevak Sangh (RSS) to take out a march in the state.
A bench of Chief Justice D Y Chandrachud and Justice P S Narasimha took note of the submissions of senior advocate Mukul Rohatgi, appearing for the state government, that the plea needed an urgent hearing as the march is scheduled to commence from March 5.
“I am asking for a Friday hearing,” the senior lawyer said.
“We will keep it on Friday,” the bench said.
Rohatgi said the state had refused permission to hold a march on roads in six districts keeping in mind the presence of PFI (Popular Front of India) and the law and order.
The organisation was allowed to hold its function at closed spaces like stadiums in six districts but not a march on streets, he said, adding the single judge bench of the high court had agreed with the state’s decision.
However, a division bench of the high court, on February 10, permitted the RSS to take out its route march in Tamil Nadu on rescheduled dates, and observed that protests are essential for a healthy democracy, the senior lawyer said.
As the march is proposed to begin from March 5, the matter needed consideration before that, he said.

Earlier, the state government had moved the top court against the permission granted to RSS to take out its route march on rescheduled dates.
The state government, in its plea before the top court, said the route march would pose a law and order problem and sought a stay on the high court order.
Setting aside the order passed on November 4, 2022 by a single judge that had imposed conditions on the proposed state-wide route march asking the RSS to hold the march indoors or in enclosed space, the larger division bench court had restored the order dated September 22, 2022, which directed the Tamil Nadu police to consider the RSS’ representation seeking permission to conduct the march and a public meeting, as well, and to grant permission for the same.
Accordingly, it had directed the appellants to approach the state authorities with three different dates of their choice for the purpose of holding the route march/peaceful procession and the state authorities were directed to grant permission to them on one of the chosen dates out of the three.
Also, the RSS was asked to ensure strict discipline and make sure there is no provocation or incitement on their part during the march. The state, on its part, should take adequate safety measures and make traffic arrangements to ensure the procession and the meeting are held peacefully, the high court had said.
Challenging the single judge order, the RSS sought a direction to the authorities to permit their members to conduct the procession wearing their uniform through various routes throughout the state.
The organisation had earlier sought permission for the route march to commemorate the 75th year of Independence, the birth centenary of Bharat Ratna B R Ambedkar and Vijayadasami festival, on October 2, 2022, at various places and to also conduct a public meeting on the same day.
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#hear #plea #Tamil #Nadu #order #permitting #RSS #march
( With inputs from www.siasat.com )

March 1, 2023
SC to hear on Monday plea by ex-servicemen for payment of OROP arrears in one installment

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New Delhi: A group of ex-servicemen moved the Supreme Court seeking a direction to the Centre that arrears of the One Rank-One Pension scheme be paid to all eligible pensioners in one installment instead of four installments.
A bench of Chief Justice DY Chandrachud and justices PS Narasimha and JB Pardiwala is scheduled to take up the application filed by Indian Ex-Servicemen Movement (IESM) through advocate Balaji Srinivasan for hearing on February 27.
The military veterans association has also sought the setting aside of the Centre’s communication dated January 20, 2023 issued by the Ministry of Defence.
The communication had said that “arrears on account of revision of pension from July 1, 2019 till date of its implementation shall be paid by the Pension Disbursing Agencies in four yearly installments. However, all the family pensioners including those in receipt of special/liberalized family pension and all gallantry award winners shall be paid arrears in one installment”.
The ex-servicemen have alleged that the Centre has unilaterally modified and sought to subvert the directions passed by this court in the last year’s judgement dated March 16, 2022.
“Shockingly, this has been done after taking indulgence of this court and seeking extension over the last ten months, during which time several assurances of compliance were given to this court (while seeking repeated extensions in time) to the lakhs of eligible pensioners depending on the payment of arrears”, the application has said.
The association said that approximately four lakh pensioners have died during the pendency of the petition and “several more would perish without seeing the fruits of the judgement dated March 16, 2022 if the respondents/ Union of India is not directed to comply with the judgement dated March 16, 2022, in time in as much as a majority of the pensioners are aged citizens “.
On January 9, the top court granted time till March 15 to the Centre for payment of arrears of OROP to all eligible pensioners of the armed forces.

The top court had asked the Centre to ensure that all arrears are paid expeditiously to the pensioners of the armed forces and that there is no further delay.
It had granted liberty to ex-servicemen association to file an application if they feel aggrieved by any action of the Centre on payment of arrears of the OROP.
This was the second extension given by the top court to the Centre to pay the arrears after it had first moved the apex court in June last year and sought three months to compute and make payments in accordance with the March 16, 2022 verdict of the top court.
The top court’s 2022 verdict had come on the plea filed by the IESM against the Centre’s formula of calculating OROP.
The verdict had said in terms of the communication dated November 7, 2015, the benefit of OROP was to be effected from July 1, 2014 and the communication states that “in future, the pension would be re-fixed every five years”.
“Such an exercise has remained to be carried out after the expiry of five years possibly because of the pendency of the present proceedings,” the bench had said, adding, “We accordingly order and direct that in terms of the communication dated November 7, 2015, a re-fixation exercise shall be carried out from July 1, 2019, upon the expiry of five years.
“Arrears payable to all eligible pensioners of the armed forces shall be computed and paid over accordingly within a period of three months,” the top court had said in its verdict.
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#hear #Monday #plea #exservicemen #payment #OROP #arrears #installment
( With inputs from www.siasat.com )

February 26, 2023
SC agrees to hear plea seeking rules for menstrual pain leave next week

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New Delhi: The Supreme Court on Wednesday agreed to hear next week a plea seeking a direction to all the states to frame rules for menstrual pain leaves for female students and working women at their respective work places.
The plea was mentioned for urgent listing before a bench headed by Chief Justice D Y Chandrachud, which said it would be listed on February 24.
The petition, filed by Delhi resident Shailendra Mani Tripathi, has also sought a direction to the Centre and all the states for compliance of section 14 of the Maternity Benefit Act, 1961.
Section 14 of the Act deals with appointment of inspectors and says appropriate government may appoint such officers and may define the local limits of jurisdiction within which they shall exercise their functions under this law.
The plea, which was mentioned for urgent listing by petitioner’s advocate Vishal Tiwari, said countries like the United Kingdom, China, Wales, Japan, Taiwan, Indonesia, South Korea, Spain and Zambia are already providing menstrual pain leave in one form or the other.
It said only women are empowered to propagate the human race with their special ability of creation and during different stages of maternity, she undergoes a number of physical and mental hardships, be it menstruation, pregnancy, miscarriage or any other related medical complications.
The plea said the 1961 Act makes provisions for almost all the problems faced by women that can be understood by several of its provisions which have made it mandatory for employers to grant paid leave to women employees for certain number of days during pregnancy, in case of miscarriage, for tubectomy operation and also in cases of medical complications arising out of these stages of maternity.
“Ironically, the most disappointing aspect in the direction of respecting the rights of working women, is that in spite of a provision under section 14 of the Maternity Benefit Act, 1961, that there will be an inspector for a particular area to monitor the implementation of such great provisions, no government in India has created the post of inspectors, forget about the appointment of such inspectors,” the plea claimed.

It said the provisions of law under the 1961 Act are one of the “greatest steps” taken by Parliament to recognise and respect motherhood and maternity of working women.
“Definitely even today also, in several organisations including government organisations these provisions are not being implemented in their true spirit and with the same legislative intent with which it was enacted but at the same time one of the biggest aspects of this whole issue or one of the very basic problems related to maternity which are faced by every woman has been completely ignored by the legislature in this very good law and also by the executive while making rules, specifically the leave rules,” the petition said.
It said the central civil services (CCS) leave rules have made provisions like child care leave for women for a period of 730 days during her entire service period to take care of her first two children till they attain the age of 18 years.
The plea said this rule has also given 15 days of paternity leave to male employees to take care of a child which is another great step of a welfare state in recognising the rights and problems of working women.
“In spite of making all the above mentioned provisions in law to take care of women in difficult stages of her maternity, the very first stage of the maternity, the menstrual period, has been knowingly or unknowingly ignored by society, the legislature and other stake holders in society except few organisations and state governments,” it alleged.
The plea said Bihar is the only state which has been providing two days of special menstrual pain leave to women since 1992.
It said there are some Indian companies that offer paid period leaves which include Zomato, Byju’s and Swiggy.
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#agrees #hear #plea #seeking #rules #menstrual #pain #leave #week
( With inputs from www.siasat.com )

February 15, 2023