Tag: Order

Twitter plea against Centre’s order to block accounts: Karnataka HC reserves judgment

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Bengaluru: Karnataka High Court on Friday reserved its verdict on social media platform Twitter’s plea challenging the central government’s directions to take down 39 URLs.
The matter pertains to the 10 blocking orders that the central government had issued to Twitter, between February 2021 and February 2022, directing the social media platform to block public access to certain information, and suspend several accounts as well.
The Centre had handed over the blocking orders in sealed covers to the High Court.

Justice Krishna S Dixit reserved the judgment after hearing the arguments presented by Twitter and the central government.
Twitter challenged the government orders claiming that they are arbitrary, and procedurally and substantively not in consonance with Section 69A of the IT Act. Twitter also contended that account-level blocking is a violation of the constitutional rights of users.
Apart from arguing that the direction to block entire accounts falls afoul of Section 69A of the IT Act, Twitter claimed that the government orders do not comply with the procedures and safeguards prescribed by the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009 (Blocking Rules).
In its reply, the Centre submitted that the directions were issued in national and public interest and to prevent lynching and mob violence incidents.
Stating that it only intervenes when there is a threat to the sovereignty of India or public order, the central government argued that being a foreign entity and the government’s 10 blocking orders not being arbitrary, Twitter could not take refuge under the fundamental rights under Articles 14 (right to equality) and 19 (right to freedom of speech and expression) of the Indian Constitution.

Contending that Twitter does not have the right to espouse the cause of users as statutory enable is required for such action, the Centre also argued that Twitter has no locus standi to file the plea as it cann’t speak on behalf of its account holders.
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#Twitter #plea #Centres #order #block #accounts #Karnataka #reserves #judgment
( With inputs from www.siasat.com )

April 21, 2023
Delhi HC reserves order on plea by start-ups against Google’s new payment policy

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New Delhi: The Delhi High Court on Wednesday said it will pass an order on a petition by Alliance of Digital India Foundation (ADIF) against Google’s policy in relation to permitting the use of third party payment processors for paid app downloads and in-app purchases on a commission basis.
Justice Tushar Rao Gedela reserved order on the petition after hearing the counsel for the petitioner, which is an alliance of individuals and an industry representative body of the innovative start-ups in the country, the Competition Commission of India (CCI) and Google.
“Arguments heard. Order is reserved,” said the judge.

The petitioner submitted that under its User Choice Billing’ policy, which is slated to come into force from April 26, Google will be charging service fee at 11% or 26% in case of third party payment processors, which is anti-competitive and an attempt to bypass an order passed by the Competition Commission of India.
The petitioner, which moved the court earlier this month, said the US technology giant operates a mobile application marketplace for android devices called ‘Play Store’ which enjoys supreme dominance in that market and under the present framework, there is no requirement to pay any commission for third party payment processors.
The court was informed that in October last year, the CCI, while imposing a penalty of Rs 936 crore, asked Google to allow and not restrict app developers from using any third-party billing services and to not impose any discriminatory condition.
The petitioner said its grievance was that the CCI has failed to act on its plea in relation to the policy owing to lack of quorum to consider the issue.
It contended that the CCI must invoke the “doctrine of necessity” and look into the matter in spite of a lack of quorum as a refusal to intervene will cause irreversible harm to the petitioners and other app developers and lead to distortion in the market.

The implementation of the policy, in the meantime, must be kept in abeyance till the matter is looked into by the anti-trust regulator, the petitioner prayed.
Additional Solicitor General N Venkataraman said the process of appointment of CCI member was underway.
The counsel for Google opposed the petition on several grounds and claimed there was no material to justisy invocation of the “doctrine of necessity”.
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#Delhi #reserves #order #plea #startups #Googles #payment #policy
( With inputs from www.siasat.com )

April 19, 2023
Bilkis Bano case: Centre, Gujarat may seek review of SC’s ‘remission files’ order

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New Delhi: The Centre and the Gujarat government on Tuesday told the Supreme Court that they may file a plea seeking a review of its March 27 order asking them to be ready with original files on the grant of remission to the convicts in the Bilkis Bano case.
A bench of Justices K M Joseph and B V Nagarathna questioned the paroles granted to 11 convicts during their incarceration period and said the gravity of the offence could have been considered by the state.
It said, “A pregnant woman was gang-raped and several people were killed. You cannot compare victim’s case with standard section 302 (murder) cases. Like you cannot compare apples with oranges, similarly massacre cannot be compared with single murder. Crimes are generally committed against society and the community. Unequals cannot be treated equally.”

“The question is whether government applied its mind and what material formed the basis of its decision to grant remission,” the bench said, adding, “Today it is Bilkis but tomorrow it can be anyone. It may be you or me. If you do not show your reasons for grant of remission, then we will draw our own conclusions.”
The bench posted the batch of pleas challenging the remission to the convicts in Bilkis Bano case for final disposal on May 2 and asked all the convicts who have not been served notices to file their replies.
It asked the Centre and the state to make its stand clear about filing of a review plea.
On March 27, terming Bilkis Bano’s gang-rape and the murder of her family members during the 2002 Godhra riots as a “horrendous” act, the Supreme Court had asked the Gujarat government whether uniform standards, as followed in other cases of murder, were applied while granting remission to the 11 convicts in the case.
It had sought a response from the Centre, Gujarat government and others on a plea filed by Bilkis Bano, who was gang-raped and seven members of her family were killed during the 2002 post-Godhra riots.

Bano has challenged the remission of sentence of 11 convicts in the case.
All 11 convicts were granted remission by the Gujarat government and released on August 15 last year.
The top court seized of PILs filed by CPI(M) leader Subhashini Ali, Revati Laul, an independent journalist, Roop Rekha Verma, who is a former vice chancellor of the Lucknow University, and TMC MP Mahua Moitra against the release of the convicts.
Bano was 21 years old and five months pregnant when she was gang-raped while fleeing the riots that broke out after the Godhra train burning incident. Her three-year-old daughter was among the seven family members killed.
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#Bilkis #Bano #case #Centre #Gujarat #seek #review #SCs #remission #files #order
( With inputs from www.siasat.com )

April 18, 2023
Shocked by total collapse of law & order in UP: Mamata

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Kolkata: West Bengal Chief Minister Mamata Banerjee on Sunday expressed her shock at what she termed as collapse of law and order in Uttar Pradesh, India’s largest state.
The chief minister was reacting to the killing of gangster-politician Atiq Ahmad and his brother Ashraf Ahmad at Prayagraj in U.P by gunmen while they were being escorted by a strong police posse for medical examination.
Banerjee claimed that criminals are now taking the law into their own hands, unfazed by the presence of police and media and termed it as a “shameful” act.

“I am shocked by the brazen anarchy and total collapse of law and order in Uttar Pradesh. It is shameful that criminals are now taking the law into their own hands, unfazed by the police and media presence,” Banerjee tweeted.
I am shocked by the brazen anarchy and total collapse of law & order in Uttar Pradesh.
It is shameful that perpetrators are now taking the law in their own hands, unfazed by the police and media presence.
Such unlawful acts have no place in our constitutional democracy.
— Mamata Banerjee (@MamataOfficial) April 16, 2023
While the CPI(M) and Congress’s Bengal unit came out with similar statements, the BJP attacked the chief minister asking her to look into her government’s own records.
WBPCC President Adhir Choudhury, termed the shooting as a “cold-blooded murder”.
Congress president Mallikarjun Kharge had earlier in the day said in a tweet there are courts to ensure that criminals get the harshest punishment but “playing with law and order only gives birth to anarchy”.
In a statement, CPI(M) similarly said the killing of the duo, while in police custody and in front of the media, shows that Uttar Pradesh has become a completely “lawless state”.

“The manner in which two men were murdered in the presence of heavy police escort points towards official connivance. This must be seen in the background of the repeated spate of encounter killings which are nothing but extra judicial murders,” the party said.
Countering Banerjee, BJP state spokesperson Samik Bhattacharya said “TMC supremo Mamata Banerjee should hold the mirror to herself and introspect about the track record of the ruling party and administration in protecting lives of those who criticise their regime”.
“Rather than turning to UP, let Mamata Banerjee explain why 55 BJP activists had been killed by TMC miscreants in past two years after she (Mamata Banerjee) returned to power,” Bhattacharya claimed.
About the U.P incident, he said the BJP government there has already taken steps to address the situation and the assailants have been apprehended.
The two brothers were shot dead at point-blank range by men posing as journalists in the middle of an impromptu media interaction on Saturday night while police personnel were escorting them to a medical college here for a check-up.
Police patrolling was intensified on Sunday in Prayagraj’s Chakiya area where gangster-turned-politician Atiq Ahmad’s house is located even as the Uttar Pradesh police tightened security across the state.

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#Shocked #total #collapse #law #order #Mamata
( With inputs from www.siasat.com )

April 16, 2023
“Perfect example of Yogi’s big failure on law and order,” says Owaisi

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Hyderabad: All India Majlis-E-Ittehadul Muslimeen (AIMIM) Asaduddin Owaisi on Saturday said that the murders of mafia turned politician Atiq Ahmed and his brother Ashraf Ahmed is a perfect example of UP Chief Minister Yogi Adityanath’s big failure on law and order in Uttar Pradesh.
In the aftermath of the killings of Gangster Atiq Ahmed and his brother Ashraf Ahmed, Asaduddin Owaisi took to Twitter and said, “Atiq and his brother were killed while in police custody and were handcuffed. Slogans of JSR were also raised. Their murder is a perfect example of Yogi’s big failure of law and order. Those celebrating encounter-raj are equally responsible for this murder”.
He further stated there if murderers are celebrated as heroes then what is the function of the judicial system in society?

“In a society where murderers are heroes, what is the function of the court and justice system in that society?” Owaisi tweeted.
Days after Atiq Ahmed’s son Asad was killed in an encounter in Uttar Pradesh’s Jhansi, the mafia-turned-politician and his brother Ashraf Ahmed were killed on Saturday while being taken for a medical in Prayagraj.
Atiq Ahmed was accused in the 2005 BSP MLA Raju Pal murder case and also in the Umesh Pal murder case which happened in February this year.
Shortly after mafia-turned-politician Atiq Ahmed and his brother Ashraf were shot dead in Prayagraj, former Uttar Pradesh chief minister and Samajwadi Party chief Akhilesh Yadav on Saturday said crime has reached its peak in the state and the morale of the “criminals” has grown by leaps and bounds.
“Crime has reached its peak in UP and the morale of the criminals is high. When someone can be killed openly despite being surrounded by a security cordon, one can imagine the state of the general public. Due to this (alleged encounter killings), an ambience of fear is being created among the public. It seems that some people are deliberately creating such an ambience,” Akhilesh Yadav tweeted.

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#Perfect #Yogis #big #failure #law #order #Owaisi
( With inputs from www.siasat.com )

April 16, 2023
JKPSC Assistant Professor Posts on Hold Till Further Order

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JKPSC Assistant Professor Posts on Hold Till Further Order
Filling up of the posts of Assistant Professor in different disciplines, in Government Degree College of Jammu and Kashmir, in Higher Education Department.
Notice, Dated 11-.04.2023
In pursuance of the order of the Hon’ble High Court dated 26.04.2022 & 18.04.2022 and Higher Education Department’s letter No.
HE-LEG/75/2021-04 dated 14.06.2022, 02 posts of Assistant Professors,
Botany under OM category advertised vide Notification No.06 —PS(DR-P) of 2023 dated 01.03.2023 are placed on hold Till further orders.

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[ad_2] #JKPSC #Assistant #Professor #Posts #Hold #Order( With inputs from : The News Caravan.com )

April 12, 2023
SC confirms HC order quashing land acquisition for Vedanta University

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New Delhi: The Supreme Court on Wednesday confirmed the 2010 Orissa High Court decision to quash acquisition of 6,000 acres of land in 2006 for Anil Agrawal-led Vedanta Resources Ltd to establish a university there.
A bench of Justices M.R. Shah and Krishna Murari said: “It is not appreciable why the government offered such an undue favour in favour of one trust/company. Thus, the entire acquisition proceedings and the benefits, which were proposed by the state government were vitiated by favourism and violative of Article 14 of the Constitution of India.”
It said the most important aspect, which is required to be considered is the non-application of mind by the state government on environmental aspects and passing of two rivers from the acquired lands in question.

It is not in dispute that from the lands in question two rivers, namely Nuanai and Nala are flowing, which as such were acquired by the state government, it added.
“How the maintenance of the rivers etc. can be handed over to the beneficiary company. If the lands in question are continued to be acquired by the beneficiary company, the control of the rivers would be with the said private company, which would violate the Doctrine of Public Trust,” said the bench.
It added that the large-scale construction for the establishment of the proposed university as observed by the high court will also adversely affect the wildlife sanctuary, entire ecosystem, and the ecological environment in the locality. “It is a duty of the state to protect the wildlife sanctuary and it may affect the entire ecosystem and the ecological environment in the locality,” said the bench.
It further added that merely because the Balukhand Wildlife Sanctuary is separated from the proposed site by a highway – Pthe uri-Konark Marine Drive, cannot be a ground to acquire the huge lands for the proposed university and as rightly observed by the high court, the same will adversely affect the wildlife sanctuary and the entire ecosystem and the ecological environment in the locality.
“The aforesaid aspects have not at all been considered by the state government and/or the Collector and/or the appropriate authority even while considering the proposal and/or even the objections under Section 5A of the Act, 1894,” said the bench.

The top court dismissed the appeal filed by the Anil Agrawal Foundation against the judgment of the high court and also imposed a Rs 5 lakh cost. The bench said initially, 15,000 acres was proposed to be acquired, which is now reduced to 3,837 acres, meaning thereby, the proposal was for exaggerated demand and this was mala fide intention on the part of the appellant company/foundation.
The bench observed that it is required to be noted that the lands were proposed to be acquired at the instance of one foundation/company and the state government was dealing with the lands belonging to the agricultural landowners.
“It is required to be noted that the government is holding a public trust and has to deal with the lands belonging to private landowners, more particularly, agricultural landowners in accordance with law. The state government could not have considered the proposal from only one beneficiary/trust. There may be other public trusts/companies, who might be interested in establishing such a university. Even no proper inquiry seems to have been initiated by the government/Collector while considering the proposal by the beneficiary company,” said the bench, in its 103-page judgment.
The bench noted that the lands to be acquired are agricultural lands belonging to 6,000 families and their only source of livelihood is on the agricultural lands, which cannot be compensated in terms of money, therefore, the proposal made now has to be rejected outright.
Citing the detailed findings recorded by the high court, the bench said: “We are more than satisfied that the High Court has not committed any error and in fact the High Court was justified in setting aside the entire acquisition proceedings, which has been vitiated by non-compliance of the statutory provisions under the Act, 1894 and the Rules, 1963 and vitiated by mala fides and favourism and is a clear case of the non-application of mind on relevant aspects. We are in complete agreement with the view taken by the High Court.”
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#confirms #order #quashing #land #acquisition #Vedanta #University
( With inputs from www.siasat.com )

April 12, 2023
Hate speech: Guj court reserves order on Kajal Hindustani’s bail plea

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Gir Somnath: A court in Gujarat’s Gir Somnath district on Tuesday reserved its order on a bail plea filed by right-wing activist Kajal Hindustani in a case of her alleged “hate speech” on Ram Navami that caused a communal clash in Una town.
The court of additional sessions judge R M Asodiya reserved its order on Hindustani’s bail plea for April 13, additional public prosecutor Moham Gohel said.
The state government opposed the bail plea citing that the activist’s speech on Ram Navami hurt the sentiments of the Muslim community and subsequently led to the communal clash, Gohel said.

Hindustani had moved sessions court on Monday after a court of additional chief judicial magistrate rejected her bail and sent her to 14-day judicial custody after her surrender on April 9.
Hindustani’s speech on Ram Navami festival on March 30 caused a communal clash in Una town on April 1.
The police lodged an FIR against her on April 2 under sections 153 (wantonly giving provocation with intent to cause riot) and 295 A (deliberate or malicious act intending to outrage religious feelings) of the Indian Penal Code (IPC).
Hindustani, who identifies herself as an entrepreneur, research analyst, debater, social activist, and nationalist and a “proud Indian” on her Twitter bio and has over 92,000 followers, including Prime Minister Narendra Modi, and is a regular at events organised by the Vishwa Hindu Parishad.
She is known for her fiery speeches targeting the minority community, including the one she delivered at a ‘Hindu Sammelan’ organised by the VHP on the occasion of Ram Navami.

Communal tension prevailed in Una for two days, which led to clash and stone pelting between two communities on April 1.
The police have arrested 96 people and registered an FIR against 76 named persons and a mob of around 200 people under various IPC sections including 323 (voluntarily causing hurt), 337 (rash or negligent act to cause hurt), 143 (unlawful assembly), 147 (rioting) and 148 (rioting armed with deadly weapons).
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#Hate #speech #Guj #court #reserves #order #Kajal #Hindustanis #bail #plea
( With inputs from www.siasat.com )

April 11, 2023
Depending on SC order, Maha civic polls could take place by Oct-Nov, claims BJP minister

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Pune: Maharashtra Minister and senior BJP leader Chandrakant Patil on Monday said he believed civic polls in the state would be held in October-November if the Supreme Court gives it order on reservation for Other Backward Classes as well as ward delimitation by May.
Speaking to reporters, Patil said if the decisions on these matters come by May, then delimitation and other aspects can be carried out by the Election Commission during the monsoons, when it would not be feasible to hold polls, and the civic elections can take place by October-November.
The SC will begin its one-and-half month long recess on May 9, Patil, a former state Bharatiya Janata Party chief, said.
Civic polls in Mumbai, Pune, Kalyan Dombivali, Pune, Pimpri Chinchwad, Vasai-Virar, Kolhapur, Aurangabad, and Navi Mumbai are due since early 2022 but were not held because of the coronavirus pandemic.
These municipal corporations are currently under administrators.

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#Depending #order #Maha #civic #polls #place #OctNov #claims #BJP #minister

( With inputs from www.siasat.com )

April 10, 2023
Trump appeals order for Pence to testify in Jan. 6 probe

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Under the Constitution, Pence as vice president also served as president of the Senate, entitling him to some measure of congressional immunity, Boasberg found. Although Pence and his allies felt that the ruling didn’t extend far enough, Pence opted not to appeal the decision.
Trump’s executive privilege challenges to Justice Department subpoenas have not fared well in a series of secret court proceedings that have played out in recent months. He lost bids before Boasberg’s predecessor as chief, Beryl Howell, to prevent Pence’s aides from testifying in the inquiry, and he recently lost a similar bid to prevent his own top White House advisers from appearing for compelled testimony.
A Trump spokesman confirmed the appeal in a statement blasting the Justice Department’s handling of the special counsel investigations.
“The DOJ is continuously stepping far outside the standard norms in attempting to destroy the long accepted, long held, Constitutionally based standards of attorney-client privilege and executive privilege,” said Trump spokesman Steven Cheung. “The Special Counsel is conducting a witch-hunt where the government has sought to violate every Constitutional norm, including the safeguards that protect a President’s ability to confer with his Vice President on matters of the security of the United States.”
The appeal is one of more than 10 secret proceedings that have governed Smith’s expansive inquiries into Trump’s bid to subvert the election, as well as his handling of highly sensitive national security secrets found at his Mar-a-Lago estate after he left office. Grand jury proceedings typically play out in secret, a requirement of law and precedent, but the breadth and magnitude of these probes have led to extraordinary rulings that are reshaping the boundaries of the separation of powers, all outside of public view.
The appeals court’s secret docket reflects that Trump’s appeal was lodged Monday morning after a March 27 ruling by Boasberg in a grand jury matter — a date that coincides with Boasberg’s order for Pence to testify. Trump has not yet filed for an emergency expedited effort to block Boasberg’s ruling, but he has taken that step in several other cases to no avail.
It’s unclear when Pence is expected to testify, but typically judges set precise deadlines for compliance that may drive the timing of various filings and challenges.
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#Trump #appeals #order #Pence #testify #Jan #probe
( With inputs from : www.politico.com )

April 10, 2023