Tag: SCs

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

[ad_1]
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.
[ad_2]
#Bilkis #Bano #case #Centre #Gujarat #seek #review #SCs #remission #files #order
( With inputs from www.siasat.com )

April 18, 2023
Bhopal gas tragedy survivors condemn SC’s dismissal of Curative Petition

[ad_1]
Bhopal: Five organizations of the December 1984 Union Carbide disaster in Bhopal have jointly condemned the Supreme Court’s dismissal of the Curative Petition on Tuesday.
Likening Tuesday’s decision with the apex court’s February 1989 decision on the settlement of the case, the organizations called it a “judicial assault on the constitutional and legal rights of the Bhopal survivors”. The organizations resolved to continue their struggle for justice in Bhopal till all survivors are adequately compensated.
Rashida Bi, president of the Bhopal Gas Peedit Mahila Stationary Karmchari Sangh, said: “The Bhopal victims were denied their day in court because of the pro-corporate bias of the Supreme Court bench. The counsel for Union Carbide that continues to abscond from charges of culpable homicide was given ample time to speak by the bench, while the counsel for the survivors’ organizations was only heard for just 45 minutes. Apparently, the Bench believes in a ‘fugitive entitlement doctrine.”
“The Supreme Court judges dismissed the case for additional compensation due to their insistence that the case must attain finality in line with the wishes of the corporate counsel,” said Balkrishna Namdeo, President of the Bhopal Gas Peedit Nirashrit Pensionbhogee Sangharsh Morcha.
“How can you impose finality when the corporation’s crimes continue to victimize people? When gas affected people continue to die untimely deaths from cancers and other exposure induced chronic diseases? When the criminal remains absconding, and the suffering of its victims, including that of their progeny, continues, how can a Supreme Court bench draw the curtain over the injustice in Bhopal?
Rachna Dhingra of the Bhopal Group for Information & Action condemned the Supreme Court for deliberately ignoring arguments and facts presented by the survivors’ organizations.
“We presented official figures of injury and death analyzed by an international expert on epidemiology that proved the 1989 settlement has perpetrated a gross miscarriage of justice but the Supreme Court bench chose to blind themselves to it. The bench said that only an argument of fraud could re-open that settlement, while entirely ignore our counsel’s detailed submissions on the fraud committed by the Union Carbide to procure the settlement of 1989,” Dhingra pointed out.
“We refuse to accept the injustice delivered by the Supreme Court on Tuesday”, said Nawab Khan, President of the Bhopal Gas Peedit Mahila Purush Sangharsh Morcha. “We fought and won against the injustice of the settlement of 1989 and we will resume our fight again. We will fight in the court and we will fight on the streets till justice is done in the World’s worst corporate massacre”, he said.

Nousheen Khan of Children Against Dow Carbide said: “Tuesday’s decision exposes the perversity of the Supreme Court bench that took the government to task for ignoring the health impact on the next generation but failed to hold the corporation accountable for the crime against the unborn.”
[ad_2]
#Bhopal #gas #tragedy #survivors #condemn #SCs #dismissal #Curative #Petition
( With inputs from www.siasat.com )

March 16, 2023
With Bills pending with guv piling up, Telangana knocks on SC’s doors

[ad_1]
Hyderabad: With Assembly elections in Telangana scheduled later this year and the delay on the part of Governor Tamilisai Soundararajan in clearing some Bills passed by the state legislature likely to create hurdles for governance, the ruling Bharat Rashtra Samithi (BRS) is looking to the Supreme Court to come to its rescue.
The BRS leaders are targeting the Governor for what they call running a parallel system, undermining the people’s elected government.
The stalemate over the pending Bills and the petition filed by the BRS government last month in the Supreme Court has given an unprecedented turn to the rift between the government and the Governor.
The BRS had apparently hoped that with the truce reached last month during the budget session of the state legislature, Soundararajan will reciprocate by approving the Bills, some of which have been pending since September last year.
But with no positive response from the Raj Bhavan, the BRS decided to take the matter to the Supreme Court by filing a special leave petition (SLP).
The government pleaded with the apex court to direct the Governor to fulfil her constitutional obligation by giving assent to the 10 pending Bills.
The SLP mentions that seven of these Bills have been pending with the Raj Bhavan since September last year while the other three were sent to the Governor on February 13 after the budget session of the Assembly ended.
The petition pleaded the Supreme Court to declare the delay by the Governor as ‘illegal’, ‘irregular’ and ‘unconstitutional’.

The SLP said: “The state of Telangana is constrained to move before this court under its extraordinary jurisdiction as conferred under Article 32 of the Constitution of India in view of a very frequent constitutional impasse created on account of the refusal of the Governor of the State of Telangana to act on several Bills passed by the state legislature. These Bills are pending since September 14, 2022, till date for the assent of the Governor.”
The petition went on the say: “It is respectfully submitted that the Constitution cannot be kept static in the matter of legislative actions of the State and by reason of the Bills kept pending, without any legitimate reasons, results in chaotic situations, nothing short of creating lawlessness and in all sobriety, the Hon’ble Governor should have acted in discharge of the constitutional mandate of assenting to the Bills contemplated under the constitutional scheme.
“There is no justifiable reason to resort to any other step other than assenting to the Bills as all the Bills conform to the constitutional mandate as to the legislative competence or otherwise.”
The state government mentioned the Samsher Singh Vs State of Punjab case where the top court had said that the Constitution did not envisage the provision of “a parallel administration by allowing the Governor to go against the advice of the Council of Ministers”.
It also said that Article 200 does not confer any independent discretion on the Governor as is clear from the discussion of the Constituent Assembly.
The state government further argued that the matter assumes unprecedented significance and any further delay may lead to very unpleasant situations, ultimately affecting the governance and heavily inconveniencing the general public as a result.
The state Assembly had passed seven Bills during the session held on September 12 and 13. The Governor passed only the GST (Amendment) Bill.
The bills pending with the Raj Bhavan are — Azamabad Industrial Area (Termination and Regulation of Leases) (Amendment) Bill, 2022; Telangana Municipal Laws (Amendment) Bill, 2022; Telangana Public Employment (Regulation of Age of Superannuation) (Amendment) Bill, 2022; University of Forestry Telangana Bill, 2022; Telangana Universities Common Recruitment Board Bill, 2022; Telangana Motor Vehicles Taxation (Amendment) Bill, 2022; Telangana State Private Universities (Establishment and Regulation) (Amendment) Bill, 2022; Professor Jayashankar Telangana State Agricultural University (Amendment) Bill, 2023; Telangana Panchayat Raj (Amendment) Bill, 2023; and Telangana Municipalities (Amendment) Bill, 2023.
With the municipal laws Bill pending, the government is worried over party leaders moving a no-confidence motion against the chairpersons of the civic bodies.
Legal experts said the state government can’t do anything unless the Governor returns the Bills to it. If the Bills are returned, the state government has powers to send them again for approval which cannot be denied by the Governor.
As the SLP in the Supreme Court is filed in the name of Chief Secretary Santhi Kumari, the Governor trained guns on her.
Soundararajan, who kicked up rows by participating in debates in television channels to target the BRS government, took to Twitter to hit out at the Chief Secretary.
“Dear Telangana CS Raj Bhavan is nearer than Delhi. Assuming office as CS you didn’t find time to visit Raj Bhavan officially. No protocol! No courtesy even for courtesy call. Friendly official visits and interactions would have been more helpful which you Don’t even intend,” Soundararajan tweeted.
Santhi Kumari had assumed office as Chief Secretary on January 11 and the Governor pulled her up for not finding time to visit the Raj Bhavan officially.
However, the BRS leaders launched a counter attack and reminded the Governor that the Chief Secretary had visited the Raj Bhavan twice after assuming office.
The state government also countered the Governor’s argument that it did not clarify her doubts on Bills. It informed the Supreme Court that Education Minister P. Sabitha Indra Reddy had met the Governor on November 10, 2022, and the Governor was apprised of the necessity of introducing the Bills and the urgency was explained.
On January 30, Legislative Affairs Minister S. Prashanth Reddy had met the Governor and fervently requested to consider granting assent to the Bills as the delays in the matter of assent seriously hurts the very objective of the pending Bills.
In November last year, the Governor had dismissed the allegations levelled by BRS that her office was sitting on some Bills forwarded by the state government for her assent. She had stated that she is taking time for assessing and analysing the Bills before giving her consent.
BRS is now hoping for a relief from the Supreme Court. Political observers say the ruling party may also look to draw political mileage from the delay in clearing the pending bills.
The ruling party leaders are targeting the Governor for ‘acting like a BJP leader’. BRS sees the Governor’s actions as part of the attempts by the BJP government at the Centre to create hurdles in the path of development of Telangana.
Irrespective of the Supreme Court’s judgement, the BRS is likely to politically cash in on the situation by taking the issue to the public ahead of the polls scheduled towards the end of this year.
[ad_2]
#Bills #pending #guv #piling #Telangana #knocks #SCs #doors
( With inputs from www.siasat.com )

March 12, 2023
SCs, STs, OBCs, women, youth, minorities to get 50% reservation in CWC

[ad_1]
Nava Raipur: The Congress amended its constitution at its 85th plenary session here on Saturday to provide a 50 percent reservation to Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), women, youngsters, and minorities in its working committee.
According to the amended constitution of the party, the Congress Working Committee (CWC) will now include the former prime ministers from the party and the former AICC chiefs.
The number of CWC members will go up to 35 from the earlier 25.
The amended constitution says from now on, the party will only have digital membership and records.
Subscribe us on
[ad_2]
#SCs #STs #OBCs #women #youth #minorities #reservation #CWC
( With inputs from www.siasat.com )

February 25, 2023
Protest over categorisation of SCs spark tension on Vijayawada-Hyderabad highway

[ad_1]
Vijayawada: A policeman was injured in stone pelting as a protest by Madiga Reservation Porata Samithi (MRPS) over the demand for categorisation of Scheduled Castes (SCs) turned violent on Monday.
MRPS workers had gathered on the Vijayawada-Hyderabad highway for a road blockade called by the organisation to demand that the Bill for categorisation of SCs be tabled in Parliament.
Holding flags and raising slogans, dozens of protestors had blocked the highway at Thotacharla. Police swung into action to remove the protestors. This led to a scuffle between the two sides.
As the tension mounted, some protestors pelted stones, injuring a constable. He sustained head injuries and was rushed to Nandigama government hospital
Police arrested several protestors and shifted them to the police station. Police personnel also entered houses in the villages to arrest those allegedly involved in stone pelting. This led to a strong protest by the residents.
Meanwhile, in Hyderabad MRPS founder and president Manda Krishna Madiga was placed under house arrest. Police did not allow him to leave his residence at Amberpet area in the city to prevent him from leading the protest on the highway.
MRPS has long been demanding that the Centre introduce a Bill in the Parliament for categorization of SCs into A, B, C and D groups. It is also urging governments of both the Telugu states to exert pressure on the Centre.
Alleging that some Scheduled Castes were cornering more benefits of reservation than others, MRPS says that categorization would ensure fair distribution of quota.

Subscribe us on
[ad_2]
#Protest #categorisation #SCs #spark #tension #VijayawadaHyderabad #highway
( With inputs from www.siasat.com )

February 13, 2023
Protest over categorisation of SCs spark tension on Vijayawada-Hyderabad highway

[ad_1]
Vijayawada: A policeman was injured in stone pelting as a protest by Madiga Reservation Porata Samithi (MRPS) over the demand for categorisation of Scheduled Castes (SCs) turned violent on Monday.
MRPS workers had gathered on the Vijayawada-Hyderabad highway for a road blockade called by the organisation to demand that the Bill for categorisation of SCs be tabled in Parliament.
Holding flags and raising slogans, dozens of protestors had blocked the highway at Thotacharla. Police swung into action to remove the protestors. This led to a scuffle between the two sides.
As the tension mounted, some protestors pelted stones, injuring a constable. He sustained head injuries and was rushed to Nandigama government hospital
Police arrested several protestors and shifted them to the police station. Police personnel also entered houses in the villages to arrest those allegedly involved in stone pelting. This led to a strong protest by the residents.
Meanwhile, in Hyderabad MRPS founder and president Manda Krishna Madiga was placed under house arrest. Police did not allow him to leave his residence at Amberpet area in the city to prevent him from leading the protest on the highway.
MRPS has long been demanding that the Centre introduce a Bill in the Parliament for categorization of SCs into A, B, C and D groups. It is also urging governments of both the Telugu states to exert pressure on the Centre.
Alleging that some Scheduled Castes were cornering more benefits of reservation than others, MRPS says that categorization would ensure fair distribution of quota.

Subscribe us on
[ad_2]
#Protest #categorisation #SCs #spark #tension #VijayawadaHyderabad #highway
( With inputs from www.siasat.com )

February 13, 2023
Chhattisgarh: Bhim Army stages protest demanding 16pc reservation for SCs

[ad_1]
Raipur: Bhim Army staged a protest demanding 16 per cent reservation for the Scheduled Castes category at Budha Talab area in the state capital Raipur on Thursday.
Founder and National president of Bhim Army, Chandrashekhar Azad also participated in the protests and said that the state government should stop playing with the society, otherwise they would have to face consequences in the upcoming assembly elections in the state.
A huge number of protestors gathered and also took out a rally on the occasion. They tried to gheraoed CM’s house but the police stopped them near the Smart City. After which they submitted a memorandum to the administration.
Addressing the gathering, Azad said, “Today we have gathered here to strengthen the demand of the movement, which has been going in Raipur for the last one month. Our main demand is that when the BJP government was in power in 2008, they reduced the reservation for scheduled castes from 16 per cent to 12 per cent in the state. During the 2018 assembly election, the present Congress-led state government had promised that BJP had done injustice and if the congress government would come back in power then they would restore it.”
“It has been more than four years but still Chief Minister Bhupesh Baghel has not fulfilled the promises made by him. We have come here to remind them about his promises. Today is our symbolic demonstration. We have given one month’s time to the Chief Minister, if our demand is not fulfilled, then after March 2, we will organise a big movement in Raipur by calling the people across the state. We will gheraoed the CM House. We will visit all the gram sabhas, towns and cities across the state and will expose the lies of the government among the people. We oppose whatever unconstitutional action is being taken by the government,” he added.
“People moving ahead by the reservation given by Dr Bhim Rao Ambedkar should not work against the society at the behest of the government. The people of Chhattisgarh will teach them a lesson,” Azad added.
[ad_2]
#Chhattisgarh #Bhim #Army #stages #protest #demanding #16pc #reservation #SCs

( With inputs from www.siasat.com )

February 3, 2023
Waste of SC’s precious time, remark Rijiju on PILs against BBC documentary ban

[ad_1]
New Delhi: Law Minister Kiren Rijiju on Monday hit out at those moving the Supreme Court challenging the Centre’s decision to block a BBC documentary on the 2002 Gujarat riots, saying this is how they “waste” precious time of the top court.
Responding on Twitter to news reports that veteran journalist N Ram, activist lawyer Prashant Bhushan and others have moved the Supreme Court challenging the Centre’s decision to block the documentary “India: The Modi Question” on social media, Rijiju said that “this is how they waste the precious time of Hon’ble Supreme Court where thousands of common citizens are waiting and seeking dates for justice”.
This is how they waste the precious time of Hon’ble Supreme Court where thousands of common citizens are waiting and seeking dates for Justice. https://t.co/5kouG8Px2K
— Kiren Rijiju (@KirenRijiju) January 30, 2023
A bench headed by Chief Justice D Y Chandrachud on Monday took note of the submissions of lawyer M L Sharma and senior advocate C U Singh, appearing for N Ram and Bhushan, seeking urgent listing of their separate PILs on the issue.
On January 21, the Centre issued directions for blocking multiple YouTube videos and Twitter posts sharing links to the controversial BBC documentary.
Subscribe us on

[ad_2]
#Waste #SCs #precious #time #remark #Rijiju #PILs #BBC #documentary #ban
( With inputs from www.siasat.com )

January 30, 2023