Tag: seeking

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
JKSSB Answer Key and seeking of objections notice.

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JKSSB Answer Key and seeking of objections notice.
JKSSB Notice regarding Answer Key and seeking of objections (if any) to the Computer Based Written Test (CBT) Examination for the Posts of Labour Inspector, Labour Officer, Research Assistant, Assistant Law Officer, Junior Librarian, Motor Vehicle Inspector, Motor Vehicle Traffic Assistant, Driver / Driver-II / Tractor Driver, Senior Horticulture Technician, Election Assistant, Patwari / Settlement Patwari, Deputy Inspector Fisheries / Farm Manager & Inspector Fisheries / Farm Manager, of different departments,
Advertised vide Advertisement Notification Nos 04 of 2020, 05 of 2020, 06 of 2020, 07 of 2020, 01 of 2021, 02 of 2021, 03 of 2021, 04 of 2021 and 05 of 2022 held from 06-02-2023 to 08-02-2023 and submission of objections.
Click here for Complete Notification

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( With inputs from : The News Caravan.com )

February 16, 2023
ED gets 5-day custody of Sivasankar; Cong, BJP slam Kerala govt seeking CM’s reply

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Kochi: A special court here on Wednesday sent M Sivasankar, former Principal Secretary to Kerala Chief Minister Pinarayi Vijayan, to five-day Enforcement Directorate (ED) custody in connection with alleged violation of the Foreign Contribution (Regulations) Act in the Life Mission, a flagship housing project of the state government.
Sivasankar was taken into custody on Tuesday night by the central agency which has been questioning the former IAS officer for the past three days. His arrest was recorded earlier in the day.
The PMLA court here today granted till February 20 custody of Sivasankar to ED and issued a direction to produce him before it on that date.
The ED was directed to provide relaxation time to Sivasankar during interrogation and also medical assistance if needed, court sources said.
Meanwhile, his arrest triggered sharp political reactions in Kerala as opposition parties slammed the Left government and urged Chief Minister Pinarayi Vijayan to break his silence on the development.
The opposition Congress, which had earlier raised several corruption charges in connection with the Life Mission project, today said truth would come out one day even if it is covered by a golden vessel and the arrest of Sivasankar is the latest proof for this.
Leader of Opposition in the assembly, V D Satheesan said the person, who had been in a key position in the Chief Minister’s office, was earlier arrested in the gold smuggling case and now in the bribery case.
With his arrest, the scandals that were covered up during the period of the first Vijayan government would come out one by one, he told reporters in Kochi.

“The Chief Minister has a moral responsibility to answer the questions raised by the Opposition and the people of the state.”
“If neither the government nor the CM is involved in corruption, why are they afraid of the CBI investigation? If there is nothing to hide, they should be ready to withdraw their petition in the apex court against the CBI probe in the case,” he said.
Lawyers have been appointed by spending crores of rupees from the people’s tax money and the CM should give an answer to all these questions, the LoP added.
Senior Congress leader and former home minister, Ramesh Chennithala also wanted Vijayan to break his silence on the matter.
It is time for those who had said that the charges we raised against the Life Mission project were just politically motivated to give a reply, he said.
“The Chief Minister is the chairman of the Life Mission. All the present developments are pointing fingers at the CM. So, he should break his silence and react,” he said.
Noting that the present probe by the central agency was going in the right direction, Chennithala expressed hope that big sharks would be caught in the case soon if there was no political interference.
“The truth will come out one day even if it is covered by a golden vessel.”
Both Chennithala and Satheesan also claimed that the ED probe in the Life Mission case was slowed down for some time due to the settlement between the CPI(M) in Kerala and the BJP’s national leadership.
However, senior BJP leader and union minister V Muraleedharan rejected the “settlement” charge raised by the Congress and said the retired IAS officer’s arrest is an eye-opener for those who alleged a BJP-CPI(M) understanding.
“It’s a tight slap on @pinarayivijayan, who is the Chairman of Life Mission Project – who even tried to seize files to stall the investigation. Shame!” he tweeted.
The union minister also alleged that Sivasankar’s arrest exposed the culture of kickbacks and corruption in the system run by the Vijayan government.
“The arrest of M Shivshankar, Ex Principal Secretary at @CMOKerala exposed the culture of Kickbacks, Corruption & Rot in the system run by @pinarayivijayan & his cronies,” he said.
Sivasankar, who retired on January 31, was earlier arrested in a related gold smuggling case involving diplomatic baggage to UAE consulate.
The CBI had in 2020 filed an FIR in a Kochi court under section 120 B of the IPC and section 35 of the Foreign Contribution (Regulation) Act (FCRA), 2010 on a complaint by the then Wadakancherry Congress MLA, Anil Akkara, listing Santosh Eappen, Managing Director of Unitac Builder, Kochi as the first accused and Sane Ventures as the second accused.
The alleged FCRA violation and corruption in the project had snowballed into a major political issue at that time with opposition parties charging that Swapna Suresh, a key accused in the gold smuggling case, had admitted before an NIA court that she had received Rs 1 crore as commission from the project.
She had reportedly claimed that the money was for Sivasankar.
However, Life Mission CEO had submitted before the court that Unitac and Sane Ventures had undertaken the construction based on the agreement entered into with them by Red Crescent and had directly accepted foreign contributions from Red Crescent, which is a foreign agency.
It also said the companies which signed an agreement with the Red Crescent do not come under the categories of persons prohibited from receiving any foreign contribution as per Section 3 of the FCRA.
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#5day #custody #Sivasankar #Cong #BJP #slam #Kerala #govt #seeking #CMs #reply
( With inputs from www.siasat.com )

February 15, 2023
JKSSB: Answer Key And Seeking Of Objections Of (CBT) Examination For Various Posts – Download Here – Kashmir News

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Jammu And Kashmir Service Selection Board Has Released Notice regarding Answer Key and seeking of objections (if any) to the Computer Based Written Test (CBT) Examination for the Posts of Labour Inspector, Labour Officer, Research Assistant, Assistant Law Officer, Junior Librarian, Motor Vehicle Inspector, Motor Vehicle Traffic Assistant, Driver / Driver-II / Tractor Driver, Senior Horticulture Technician, Election Assistant, Patwari / Settlement Patwari, Deputy Inspector Fisheries / Farm Manager & Inspector Fisheries / Farm Manager, of different departments, advertised vide Advertisement Notification Nos 04 of 2020, 05 of 2020, 06 of 2020, 07 of 2020, 01 of 2021, 02 of 2021, 03 of 2021, 04 of 2021 and 05 of 2022 held from 06-02-2023 to 08-02-2023 and submission of objections.
CHECK HERE NOTICE
CLICK HERE: DOWNLOAD FULL NOTICE
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( With inputs from : kashmirnews.in )

February 15, 2023
JKSSB Answer Keys and Seeking of Objections for Various Posts

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JKSSB Answer Keys and Seeking of Objections for Various Posts
Answer Key and seeking of objections (if any) to the Computer Based Written Test (CBT) Examination for the Posts of Labour Inspector, Labour Officer, Research Assistant, Assistant Law Officer, Junior Librarian, Motor Vehicle Inspector, Motor Vehicle Traffic Assistant, Driver / Driver-II / Tractor Driver, Senior Horticulture Technician, Election Assistant, Patwari / Settlement Patwari, Deputy Inspector Fisheries / Farm Manager & Inspector Fisheries / Farm Manager, of different departments, advertised vide Advertisement Notification Nos 04 of 2020, 05 of 2020, 06 of 2020, 07 of 2020, 01 of 2021, 02 of 2021, 03 of 2021, 04 of 2021 and 05 of 2022 held from 06-02-2023 to 08-02-2023 and submission of objections — regarding.
The Jammu and Kashmir Services Selection Board (JKSSB) conducted Computer Based Written Test (CBT) for the posts of Labour Inspector, Labour Officer, Research Assistant, Assistant Law Officer, Junior Librarian, Motor Vehicle Inspector, Motor Vehicle Traffic Assistant, Driver / Driver-II / Tractor Driver, Senior Horticulture Technician, Election Assistant, Patwari / Settlement Patwari, Deputy Inspector Fisheries / Farm Manager & Inspector Fisheries / Farm Manager from 06-02-2023 to 08-02-2023. The Answer Key(s) along-with the Question Paper in respect of these Exams shall be available to the candidates through the online link available on the official website of the JKSSB i.e. www.jkssb.nic.in w.e.f 16-02-2023 (04:00 PM) to 19-02-2023.
The candidates, having any objections to the Answer Key, may submit their objections / representations in respect of any question(s) and upload the same, along-with documentary evidence / reference by paying a fee of Rs. 200/- (Rupees Two Hundred only) per question, as a non-refundable processing fee (refundable in case of genuine / correct representation / objection). The procedure (as enclosed at Annexure A) to download the response sheet with model answer key, may be adopted.
Note :
i. The Objections / representations received after the due date and through any other means shall not be entertained.
ii. The candidates are advised not to share their login credentials / answer key with anyone and shall be responsible themselves for any misuse of their individual Answer Key.
Click here For Complete Notification

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( With inputs from : The News Caravan.com )

February 15, 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
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
Plea in Kerala HC seeking to declare circumcision on children as non-bailable offence

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Kochi: A plea was filed in the Kerala High Court on Friday seeking to declare the practice of non-therapeutic circumcision on children as illegal and a non-bailable offense.
The plea, filed by an organisation called Non-Religious Citizens, also seeks a directive to the Union government to consider legislation prohibiting the practice of male circumcision. It alleged that the practice of circumcision is a human rights violation against children.
The petitioners, claiming to be social activists in Kerala, contended before the court that circumcision leads to several health problems including trauma besides other risks.
The plea said the United Nations Convention on the Rights of the Child, 1989, and the International Covenant on Civil and Political Rights adopted by the General Assembly of the UN to which India is a member and signatory, by virtue of its provisions emphasize that all children have the right to live in a secure, loving environment, free from any form of harm, assaults, abuse, and discrimination.
“Each member of the covenant is duty-bound to ensure that any person whose rights or freedoms recognized in the covenant is violated has an effective remedy,” it said.
The practice of circumcision is compelled to be done on the children, not as their choice but they are being compelled to be followed only because of the unilateral decision taken by the parents, wherein the child is having no option, the plea said.
“This is a clear violation of the provisions of the international treaties…,” the plea said.
Alleging that several incidents of deaths of infants have happened in the country due to the practice of circumcision, the plea said the practice of this ritual is cruel, inhuman and barbarous, and it violates the valuable fundamental right, “right to life”, of the children postulated under Article 21 of the Constitution of India.

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#Plea #Kerala #seeking #declarecircumcisionon #children #nonbailable #offence
( With inputs from www.siasat.com )

February 11, 2023
YSRCP to move private member’s bill in Parliament seeking special status for AP

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New Delhi: The YSR Congress Party (YSRCP) will move a private member’s bill in the current session of Parliament seeking the special category state status to Andhra Pradesh.
The bill seeking to amend the Andhra Pradesh Reorganisation Act, 2014 was listed for introduction in the Lok Sabha on Friday but it could not be taken up due to the adjournment of the House.
“Our long-pending demand for special category status has not been met by the government. There was no option but to bring a private member’s bill,” Lok Sabha MP from Anantapur constituency Talari Rangaiah told reporters here.
The party members and the chief minister have raised this issue several times within and outside Parliament in the past few years, but unfortunately the central government has not fulfilled its promise made during the state’s bifurcation, he said.
With this private member’s bill, the YSRCP wants to raise awareness about the issue which is important for the economic development of Andhra Pradesh, Rangaiah said and expressed confidence of getting support from the Opposition parties.
N Reddeppa, the Lok Sabha MP from Chittoor, said the party has also demanded setting up of a railway zone in Vishakapatnam, Rs 5,000 crore allocation for AIIMS in Amaravati and budgetary allocation for inter-linking of rivers project.
The party will continue to fight until the demands are fulfilled, he added.
Subhash Chandra Bose Alluri, the MP from Narsapuram, said funds are required for the development of the state. A special category status will help Andhra Pradesh attract more investments and revive its economy.

In 2014, Andhra Pradesh was promised special category status by the Congress government at the Centre during the state’s bifurcation and by the BJP during the course of its 2014 election campaign.
Manmohan Singh, who was then prime minister, had assured in the the Rajya Sabha that a special status would be extended to Andhra Pradesh for five years. This oral submission has been the basis for Andhra Pradesh’s claim to the status.
However, the granting of special category status was restricted by the 14th Finance Commission which did away with the distinction between general and special category states.
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#YSRCP #move #private #members #bill #Parliament #seeking #special #status
( With inputs from www.siasat.com )

February 3, 2023
SC rejects plea seeking to bar candidates from contesting polls from more than one seat

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New Delhi: The Supreme Court on Thursday dismissed a plea seeking to bar persons from contesting elections from more than one seat, saying it is ultimately the Parliament’s will as to whether the political democracy in the country is furthered by granting a choice.
A bench headed by Chief Justice DY Chandrachud observed that candidates may contest polls from more than one constituency due to a variety of reasons.
The bench, also comprising justices PS Narasimha and J B Pardiwala, was dealing with a petition filed by advocate Ashwini Kumar Upadhyay, who had sought to declare as invalid and ultra vires to the Constitution section 33(7) of the Representation of the People Act, 1951, which allows a person to contest a general election or a group of bypolls or biennial elections from two constituencies.
“Permitting a candidate to contest from more than one seat…is a matter of legislative policy since it is ultimately the Parliament’s will as to whether the political democracy in the country is furthered by granting such a choice,” it said.
The top court observed that in the absence of any manifest arbitrariness in section 33(7) of the 1951 Act, it would not be possible for it to strike down the provision.
During the arguments, senior advocate Gopal Sankaranarayanan, who appeared on behalf of Upadhyay, submitted that if a candidate contests an election from two seats and gets elected from both, he or she has to vacate one seat, which will lead to a by-poll that will be an additional financial burden on the exchequer.
He said prior to a 1996 amendment, there was no bar on the number of seats a candidate could contest in an election. The amendment restricted that number to two.
The bench observed that it is for Parliament to decide whether a candidate can contest an election from more than one seat.

“When you contest from two seats, you do not know from where you will get elected. What is wrong about it? This is part of electoral democracy,” it said.
The bench said Parliament can certainly step in, as it did in 1996, and say it is limiting it to one constituency.
“At the relevant time, if Parliament thinks necessary, it can do it. There is no question of inaction.
“There is another way of looking at it. Some political leader might say I want to establish my pan-India image by contesting an election…like from the north-east and north or south,” the bench said, adding there have been instances in the country’s political history which depict that there have been leaders of that stature.
The top court noted that one of the basis of the petition is that in July 2004, the then chief election commissioner had urged the then prime minister to amend section 33(7) of the 1951 Act in so far as it permits a person to contest an election from more than one seat.
It said the petitioner has also referred to the 255th report of the Law Commission, which had agreed with the Election Commission (EC) that the 1951 Act should be amended to provide that a person be not allowed to contest an election from more than one seat.
In his plea, Upadhyay had sought a direction to the Centre and the EC to take appropriate steps to restrict people from contesting an election for the same office from more than one constituency simultaneously.
“One person-one vote and one candidate-one constituency is the dictum of democracy. However, as per the law, as it stands today, a person can contest the election for the same office from two constituencies simultaneously.”
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#rejects #plea #seeking #bar #candidates #contesting #polls #seat
( With inputs from www.siasat.com )

February 2, 2023