Tag: petition

Hyderabad murder: Police files petition seeking custody for accused

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Hyderabad: Rachakonda police have filed a petition before the court against Harihara Krishna, who was arrested for murdering his friend Naveen after he got apprehensive that the latter was getting close to his girlfriend.
A police official said that after committing the crime, Krishna was loitering around the body for 7-8 hours.
“After killing Naveen at about 8 pm on February 17, Krishna loitered around for six hours. We suspect he stabbed the body at regular intervals. He came again the next day to check the body,” the official said.
According to police, Krishna was plotting the murder for at least two months after he realized Naveen was in touch with his girlfriend through calls.
The trio has known each other from their intermediate days. The girl was in a relationship with Naveen but they broke up. She became friends with Krishna and entered into a relationship with him, police said.
On Sunday, the police examined the feed from the closed circuit cameras installed near ORR Abdullapurmet, L B Nagar and other areas where the suspect had gone along with the victim before killing him.
Naveen, was an engineering student at a college in Narketpally Nalgonda district while Krishna studied in Hyderabad. Naveen was murdered on February 17. After nearly eight days Krishna surrendered before the Abdullapurmet police.

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( With inputs from www.siasat.com )

February 26, 2023
Imran Khan’s party files petition in court, seeks release of detained leaders

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Lahore/Peshawar: Fearing that the notorious intelligence agencies may torture senior Pakistan Tehreek-e-Insaf politicians at undisclosed locations, ousted premier Imran Khan’s party on Thursday filed a petition in a court seeking the release of the leaders who offered their arrests under the mass court arrest movement a day earlier.
The interim Punjab government on Thursday confirmed that police had arrested 81 PTI activists, including former federal ministers Shah Mahmood Qureshi, Asad Umar and Hammad Azhar, Senators Azam Swati and Waleed Iqbal (grandson of poet of Allama Iqbal) and former Punjab governor Omar Sarfraz Cheema. Khan’s party, however, insists that around 250 party workers have been detained by police in Lahore.
Initially, all the arrested PTI supporters were shifted to Kot Lakhpat Jail in Lahore but later its leaders were shifted to an ‘undisclosed location’.
Since neither the government nor the Punjab police confirmed the location of the detained leaders, the party and the families of the arrested leaders on Thursday filed a petition in the Lahore High Court seeking their “safe recovery/release.”
Zain Qureshi, son of former foreign minister Shah Mahmood Qureshi, said neither his father nor other leaders were presented before any court of law on Thursday nor the Punjab government and police are disclosing which jail they have been taken to.
The petitioners said the lives of PTI leaders are at stake at the hands of the government and police.
“If the detainees are not released from the illegal and unlawful detention, they may suffer an irreparable loss and injury,” they said and added that the arrested PTI leaders may be booked in false and frivolous cases in order to cause them maximum harm.
The PTI leadership is wary of the treatment meted out to the detained leaders.

Earlier, Senator Azam Swati had alleged that some senior ISI officers had inflicted severe torture on him while he was in police custody.
The PTI is fearing a similar situation in the case of these arrested senior leaders.
A Punjab police officer said that Qureshi has been shifted to Attock Jail while the other senior leaders are kept in different jails in Punjab.
Khan’s party on Wednesday began a mass court arrest movement from Lahore over what it called the violation of fundamental rights, abuse of the Constitution and the economic meltdown.
According to the party, every day a few hundred PTI workers and leaders will present themselves for arrest from different cities.
On Thursday, party workers and leaders presented themselves for arrest in Peshawar. “Tehreek-e-Insaf leaders, workers and people left for (Peshawar) Central Jail in large numbers,” the party said.
The mass court arrest movement will continue till the date for elections in Punjab and Khyber-Pakhtunkhwa are not announced, a party leader said.
The PTI dissolved its governments in Punjab and Kyber-Pakhtaunkhawa provinces over a month ago. Under the Constitution, elections must be held within 90 days after the dissolution of an assembly.
The PML-N-led nine-party government has said that holding separate elections for the provincial and national assemblies is not possible because of the economic crisis and the law and order situation.
Khan, who was ousted as prime minister in April last year after a no-confidence motion was passed in the National Assembly, is seeking fresh general elections in Pakistan.
Khan has said that he has started the “Jail Bharo Tehreek” (court arrest movement) for Haqeeqi Azadi for two main reasons. “One, it is a peaceful, non-violent protest against the attack on our constitutionally-guaranteed fundamental rights. We are facing sham FIRs & National Accountability Bureau cases, custodial torture, attacks on journalists & social.”
He said the drive was against the economic meltdown “brought on by a cabal of crooks who have money laundered billions in looted wealth & gotten the National Reconciliation Ordinance (NRO) (deal) for themselves while crushing the people, especially the poor and middle class, under the burden of spiralling inflation and rising unemployment.”
Khan urged the people to take to the streets to get “true freedom”.
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( With inputs from www.siasat.com )

February 23, 2023
Allahabad HC rejects petition seeking cancelling of FIR against conversion accused

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Prayagraj: The Allahabad High Court has dismissed a writ petition challenging an FIR lodged against 37 people accused of coercing a man to undergo a religious conversion from Hinduism to Christianity through inducements.
The writ petition was filed by Jose Prakash George and 36 Others seeking quashing of the FIR lodged on January 23, 2023, under sections 420, 467, 468, 506, 120-B IPC and section 3/5 (1) of UP Prohibition of Unlawful Conversion of Religion Act at Police Station Kotwali, District Fatehpur.
The petitioner’s counsel contended that an FIR on almost identical allegations had been lodged on April 15, 2022, under the same Act.
The complainant in the instant case is one of the witnesses whose statement was recorded by the police in the FIR lodged on April 15, 2022.
The accused in both FIRs are the same barring, one or two persons. Only the informant in both cases is different, and both cases allege mass religious conversion by fraud, coercion, and allurement, the counsel said.
In light of these facts, the counsel contended that the FIR is barred by sections 154 and 158 of the Code of Criminal Procedure.
A division bench comprising Justice Anjani Kumar Mishra and Justice Gajendra Kumar on Friday rejected the petition saying it was of the view that the second FIR, though related to the same incident, cannot be quashed as it has been lodged by a competent person.
“Since, the first information report dated April 15, 2022, had not been lodged by a person competent to lodge it, it is of no consequence. For the same reason, the impugned first information report cannot be called a second first information report. It, therefore, cannot be said that there are two separate first information reports of the same incident.

“It has already been observed in the earlier part of this order that the allegations in the first information report impugned, contain ingredients of a cognizable offence. Therefore, also the impugned first information report is not liable to be quashed,” the court observed.
“In view of the reasons given above, the writ petition fails and is dismissed,” it said.
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( With inputs from www.siasat.com )

February 19, 2023
SC closes petition seeking to ban Zoom app

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New Delhi: The Supreme Court on Tuesday closed a PIL seeking a ban on the use of the Zoom application over security and privacy concerns.
Senior advocate Arvind Datar contended before a bench headed by justice Sanjiv Khanna that the Union Ministry of Electronics and Information Technology had found nothing wrong in the usage of the application.
Datar further contended that many use Zoom and the petition against it does not survive. He pointed out that the concerned ministry had said there is nothing wrong in using Zoom, and queried why only target us and not WebEx etc?
The petition was filed by one Harsh Chugh, who had sought a ban on the use of Zoom for official and personal purposes. The petitioner had argued that the software gives rise to several privacy and security concerns.
After hearing Datar’s submissions, the bench, also comprising justice M.M. Sundresh, closed the proceedings in the matter. The top court also declined to entertain an intervention application to place the additional documents in the matter.
During the hearing, the petitioner’s counsel contended that the government had issued certain notifications that Zoom shouldn’t be used and further added that let the government say that Zoom is good to use.
The bench said it has considered the minutes of the meeting of the National Security Council Secretariat held in December 2020, regarding the security features of Zoom, VC platform, and nothing survives in the petition in view of this document.
The plea had also sought directions to the government to carry out an exhaustive technical study into the security threats posed by the use of the app.

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#closes #petition #seeking #ban #Zoom #app
( With inputs from www.siasat.com )

February 14, 2023
SC dismisses petition against redrawing constituencies in J&K

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New Delhi: The Supreme Court on Monday affirmed delimitation of Assembly and parliamentary constituencies in the Union Territory of Jammu & Kashmir.
A bench headed by Justice Sanjay Kishan Kaul and comprising Justice A.S. Oka clarified that the decision on delimitation would not affect a separate batch of matters where abrogation of Article 370 is under challenge before a constitution bench of the apex court. The detailed judgment will be uploaded later in the day.
The apex court delivered judgment in a petition filed by two Srinagar residents, Haji Abdul Gani Khan and Dr Mohammad Ayub Mattoo, challenging the increase in the number of seats from 107 to 114 in the UT. The petitioners had argued that it was ultra vires Articles 81, 82, 170, 330 and 332 of the Indian Constitution and Section 63 of the Jammu & Kashmir Reorganisation Act, 2019.
Following the abrogation of Article 370 in August 2019 dividing the erstwhile state of Jammu and Kashmir into two union territories, the Delimitation Commission was appointed to redraw the Assembly constituencies of J&K. The commission submitted its report recommending 90 Assembly constituencies in the Union Territory.
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#dismisses #petition #redrawing #constituencies
( With inputs from www.siasat.com )

February 13, 2023
SC observation on Sikkimese Nepalis: Rijiju says Centre will file review petition

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New Delhi: Amid protests in Sikkim over a reported observation of the Supreme Court referring to Sikkimese Nepalis as “immigrants”, Law Minister Kiren Rijiju on Sunday said the Centre is filing a review petition in the apex court to support the state government.
The state government has already filed a review petition in the apex court on the matter.
The protests are taking place after the Supreme Court reportedly mentioned the Sikkimese Nepali community as immigrants in an observation on January 13 while extending income tax exemption to all old settlers of the state.
“I have spoken to CM of Sikkim P S Tamang Golay. Union of India is also filing a Review Petition in Supreme Court to support Sikkim Govt through Solicitor General of India. Govt of India stands with the people of Sikkim,” Rijiju tweeted.
In another tweet, he assured the people of Sikkim that “this judgment does not deal with or dilute Article 371F of the Constitution (relating to the state) and has nothing to do with anyone’s citizenship.”
“We value the Constitutional status of every genuine Indian and will be protected at any cost,” he wrote.
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#observation #Sikkimese #Nepalis #Rijiju #Centre #file #review #petition
( With inputs from www.siasat.com )

February 5, 2023
Karnataka: Petition to prevent non-Hindu traders from temple premises submitted

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Tumakuru: The Vishva Hindu Parishad (VHP) and Bajrang Dal have submitted a petition to the Deputy Commissioner of Tumakuru city in Karnataka asking the authorities to prevent traders of other faiths to carry out business within the premises of a historical temple during the celebration of a festival.
The three-day festival will take place at the historical Gosala Gubbi Channabasaveshwara temple from Thursday.
To avoid any untoward incident, authorities have already beefed up the security in the area.
In their petition, the two Hindu groups warned of a response if such traders are allowed to carry out business directly or indirectly in the premises of the temple or in a 100-meter surrounding.
They have also requested the police department to ensure the implementation of clauses of the law in the Muzrai department in this regard.
“The clause is very clear that there is no scope for persons of other religions to carry out business in the premises of temples and at religious fares. This law should be enforced,” VHP President G.K. Srinivas said.
The boycotting trend which seemed to have settled down in Karnataka comes to the fore again with the latest development.

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#Karnataka #Petition #prevent #nonHindu #traders #temple #premises #submitted
( With inputs from www.siasat.com )

February 2, 2023
Sikkim to file petition in SC on mention of Sikkimese Nepali community as foreigners

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Gangtok: Sikkim Chief Minister Prem Singh Tamang on Monday said his government will file a review petition in the Supreme Court with a prayer for rectification of its “inadvertent mention of the Sikkimese Nepali community as foreigners” in an order two weeks ago.
“Let me reiterate and reassure that no injustice will be meted out to anyone with regard to the inadvertent mention of Sikkimese Nepali Community as foreigners in the observation part and not in the judgment part of the verdict of Hon’ble Apex Court in the matter of income tax exemption for the old settlers of Sikkim,” he said in a social media post.
“I express my solidarity not only with Sikkimese Nepali Community but with all the communities of our dear state. We all are one, and will always remain united,” Tamang said.
The state government has already initiated steps for filing the review petition for addressing the concerns of the Sikkimese Nepali community, the chief minister said.
Tamang said he has already spoken to Union Law Minister Kiren Rijiju and the latter has assured that the Government of India will support the review petition of the Government of Sikkim, and if required will file a review petition itself as well on similar lines.
Tamang appealed to all people to be patient and keep faith in the judiciary. It is just a matter of time that this issue will be addressed for the good of one and all, he said.
The Supreme Court in its order dated January 13, 2023, had directed the Centre to amend the definition of ‘Sikkimese’ in Section 10 (26AAA) of Income Tax Act 1961 for including income tax exemption to all Indian citizens domiciled in Sikkim on or before the merger date of April 26, 1975.
“The Union of India shall make an amendment to Explanation to Section 10 (26AAA) of IT Act, 1961, so as to suitably include a clause to extend the exemption from payment of income tax to all Indian citizens domiciled in Sikkim on or before 26th April, 1975.

“The reason for such a direction is to save explanation from unconstitutionality and to ensure parity in the facts and circumstances of the case,” said the apex court while disposing of two writ petitions filed by Association of Old Settlers of Sikkim (AOSS) and others with a prayer for grant of income tax exemption at par with the Sikkimese people as given under Section 10 (26AAA) of IT Act following an amendment in 2008 by the Parliament.
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( With inputs from www.siasat.com )

January 30, 2023
Plea in SC seeks direction to empower citizens to petition Parliament

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New Delhi: A plea has been filed in the Supreme Court seeking a direction to the Centre and others to take steps to create an appropriate system which empowers citizens to petition Parliament and seek initiation of deliberations on issues highlighted by them.
The plea came up for hearing on Friday before a bench comprising justices K M Joseph and B V Nagarathna.
The bench asked the counsel appearing for petitioner Karan Garg to serve a copy of the plea to the Centre’s lawyer and posted the matter in February.
Advocate Rohan J Alva appeared for the petitioner.
The plea has sought a declaration that it is the fundamental right of citizens under Articles 14, 19(1)(a) and 21 of the Constitution to directly petition Parliament to seek initiation of a debate, discussion and deliberation on the issues highlighted by them in their petitions.
“The present writ petition prays that it is imperative for the respondents (Centre and others) to take substantive steps in order to ensure that citizens can have their voices heard in Parliament without facing undue barriers and difficulties,” it said.
The plea said as an ordinary citizen of the country, the petitioner felt “disempowered” when it came to participation in the democratic process and after people cast their votes and elect representatives, there is no scope for any further participation.
It said there is a complete absence of any formal mechanism by which citizens can engage with the lawmakers and take steps in order to ensure that issues which are of vital importance are debated in Parliament.

“The absence of this mechanism creates a void between elected representatives and the citizens. The people are disconnected from the law-making process. This distancing of the citizens to their inherent rights to fully participate in Indian democracy is a matter of grave concern and is an issue which needs to be immediately addressed,” the plea said.
It said a system by which the citizens can directly petition Parliament is already in place in the United Kingdom and it has been working well for several years.
It also said that if citizens have the ability to engage with the Centre and Parliament at a deeper level, it may reduce the burden on the apex court and high courts “since there may exist an effective and alternative remedy for espousing and pursuing public interest causes”.
The plea said citizens have a fundamental right to participate in democratic affairs and are constitutionally entitled to present workable and constructive suggestions to Parliament on matters of national importance so that public interest is appropriately safeguarded.
“The current system does not fully allow citizens to initiate discussions in Parliament by moving appropriate petitions,” it added.
The petition said formulation of well-reasoned and reasonable rules which allow citizens to directly petition Parliament will usher in a transformative era of democratic governance and create an environment for robust engagement between the people of the country and the members of Parliament.
It has sought a direction to the Centre and others to expeditiously take steps to create an appropriate system or reasonable rules and regulations which empower citizens to petition Parliament and seek initiation of a debate on the issues highlighted by them.
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#Plea #seeks #direction #empower #citizens #petition #Parliament
( With inputs from www.siasat.com )

January 28, 2023