Tag: Stand

‘Dangerous proposition’: Jamiat on stand that SC rule on same-sex marriages

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New Delhi: The Jamiat-Ulama-i-Hind on Tuesday told the Supreme Court that arguments made by petitioners’ counsel that the top court should make a declaration about legal validation for same-sex marriage as Parliament is not likely to do anything about it will be a “dangerous proposition”.
Senior advocate Kapil Sibal, representing the Jamiat, submitted before a five-judge bench, headed by Chief Justice of India D.Y. Chandrachud that he was “very worried” at the beginning of the hearing when the petitioners’ side said that Parliament is not going to do anything about it so the court should make a declaration.
He said it would be a wrong step forward if there were to be a declaration on the premise that Parliament is not likely to pass a law on same-sex union and emphasised that any law of this nature requires public discourse, which includes discourse within and outside parliament.

“I say that it is a very dangerous route to take,” Sibal contended before the bench, which also comprises Justices S.K. Kaul, S.R. Bhat, P.S. Narasimha and Hima Kohli.
Sibal said after the declaration by the court there will be no scope for debate in the Parliament — one that same-sex union is a fundamental right; two, it has to be recognised.
However, the top court said the Parliament can overrule a declaration. Sibal replied that “once your lordships have declared, the Parliament can’t overrule it. I hope that stage has not come for Parliament to overrule what your lordships decide.”
He said the court is now deciding two things — sexual unions and recognition by the state of sexual unions.
Sibal said if question arises whether that sexual union is akin to a marriage and, if yes, is it founded in any provision of the Constitution, and for it to result in certain rights, it can only be done through recognition by the state through legislation, and stressed that there can’t be a declaration from the court.

The top court observed that it takes Sibal’s point that “don’t go into an area where you declare a right to marry.”
Sibal, in the context of acceptance, said it is also at three levels – first by two individuals themselves, then by the family, and thereafter by the society. He argued that nobody can dispute the fact that same-sex couples have a separate sexual identity and even the government has not disputed it.
The top court will continue to hear a batch of petitions seeking legal sanction for same sex marriages on Wednesday.
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#Dangerous #proposition #Jamiat #stand #rule #samesex #marriages
( With inputs from www.siasat.com )

May 9, 2023
Senate Republicans will stand firm on debt ceiling, Mike Lee says

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The letter, which was sent to Senate Majority Leader Chuck Schumer, said Senate Republicans backed House Republicans in supporting “spending cuts and structural budget reform as a starting point for negotiations on the debt ceiling.”
Democrats have a slim majority in the Senate but not enough to prevent a Republican filibuster on legislation.
“Whenever you’ve got 41 senators who are unwilling to bring debate to a close on any legislation, it cannot pass. We’ve now got more than enough to stop exactly the kind of legislation that Joe Biden wants,” he said to Bartiromo.
Lee added: “What that means is that the White House is going to come to the table and enter into real talks with the House Republicans, starting with Speaker Kevin McCarthy,” Lee said.
House Republicans passed legislation on April 24 that would allow for the debt ceiling to be raised but which would also attempt to put the brakes on federal spending in the future, as well as roll back or cut specific programs. The vote was 217-215.
Biden and other Democrats have said they are open to budget negotiations but want the debt ceiling treated as a separate issue, as it has been in the past. The expectation is that the the federal government will bump up against the debt ceiling at the start of June.
Bartiromo asked Lee if he was confident that McConnell and other Senate Republicans would stand firm. Lee said he expected they would.
“Even if we lost one or two here or there, we’d still be fine,” Lee said, “and I don’t think we’re going to the lose any of them.”

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#Senate #Republicans #stand #firm #debt #ceiling #Mike #Lee
( With inputs from : www.politico.com )

May 7, 2023
Delhi HC seeks EC’s stand on plea against approval to amended AIADMK constitution

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New Delhi: The Delhi High Court on Thursday sought the stand of the Election Commission of India (ECI) and the AIADMK on a petition against the approval of amendments to the “original constitution” of the party.
Justice Purushaindra Kumar Kaurav issued notice on a petition by B Ramkumar Adityan and K C Suren Palanisamy, who claimed to be primary members of All India Anna Dravida Munnetra Kazhagam (AIADMK), against the ECI order which also endorsed the elevation of Edappadi K Palaniswami as party’s general secretary.
The petition said the order was “illegal” and passed without considering the petitioners’ representation.

The lawyer appearing for the petitioners told the court the amendment to the party laws was approved in a “very mechanical” manner.
“Issue notice returnable in six weeks,” the judge said and listed the case for hearing on October 10.
On April 12, the high court had asked the ECI to decide within 10 days representation by AIADMK to update in its record the party’s amended bye-laws.
The order was passed on a petition filed by AIADMK and its interim general secretary Thiru K Palaniswamy, which claimed that the records of the party were not being updated owing to certain internal disputes pending in AIADMK.
On April 20, the ECI had endorsed the elevation of Palaniswami to the top position of the AIADMK as its general secretary, thereby also acknowledging the expulsion of O Panneerselvam and his supporters from the party last year.

The EC had, however, made it clear that its decision to take on record the changes to the AIADMK’s organisational structure was subject to any further court order on the leadership dispute.
In the petition filed through lawyer Ashish Kumar Upadhyay, the petitioners said the ECI order was “illegal, ultra vires to the provisions of the Section 29A of the Representation of People Act 1951, the provisions of Original Constitution of the Respondent No.2 Party (AIADMK) and Natural Justice”.
“When there are civil suits pending before various forums challenging resolutions passed to amend the Party Constitution by the General Council on 12.09.2017, the Executive Council on 01.12.2021 and the General Council 11.07.2022 and Election of Shri. Edapadi.K.Palanisamy as the General Secretary of the Respondent No.2 Party, the Respondent has no choice to accept the Resolutions and amended Constitution of the Party on file,” the petition said.
“If the respondent has taken a decision to take the amended Constitution on file pending disposal of the civil suits, it will cause irreparable damage to functioning of the party and rights of the Primary Members,” the plea added.
AIADMK’s petition had earlier asserted that not updating the ECI records is wholly contrary to the various settled legal principles and the inaction will only cause severe disruption of the activities of the party which will in turn have a serious bearing on the democratic principles of the nation.
“The inaction of ECI has grossly violated the Article 19(1)(c) of the petitioners as petitioner no. 1 (AIADMK) is an association of persons and owing to the inaction of ECI, the petitioner no. 1 is not able to effectively carry out its functions which is the dire need of the hour especially owing to the fast approaching General Assembly Elections to Lok Sabha,” the AIADMK petition had said.
“The inaction of ECI is causing grave prejudice and hardship not only to the AIADMK party but also to the primary members of AIADMK party and entire citizenry of State of Tamil Nadu for the reason that absolute strangers to the AIADMK party are representing themselves as coordinators and other office bearers of party. They are also appointing various unknown persons to the posts of AIADMK party and such impersonation cannot be allowed in a vibrant democracy,” it said.
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#Delhi #seeks #ECs #stand #plea #approval #amended #AIADMK #constitution
( With inputs from www.siasat.com )

May 4, 2023
Trump won’t take the stand in lawsuit accusing him of rape

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But Trump’s lawyer Joe Tacopina had demurred when asked several times by U.S. District Judge Lewis Kaplan whether Trump would testify, leaving the option open.
On Tuesday, however, Tacopina informed Kaplan that Trump had decided against taking the witness stand.
The jury, however, will hear from Trump, albeit not live or in person. An attorney for Carroll said she expects to play about 45 minutes of a videotaped deposition of Trump for jurors.
Jurors heard from a variety of witness on Tuesday, including a friend of Carroll’s, Lisa Birnbach, who testified that Carroll called her about five minutes after the alleged incident at Bergdorf’s and, “breathless” and “hyperventilating,” told Birnbach that Trump had attacked her. Jurors also heard from a woman named Jessica Leeds, who has accused Trump of sexually assaulting her on an airplane in the late 1970s.
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#Trump #wont #stand #lawsuit #accusing #rape
( With inputs from : www.politico.com )

May 3, 2023
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May 2, 2023
HC seeks DU stand on St Stephen’s plea against absolute weightage to CUET score for minorities

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New Delhi: The Delhi High Court on Thursday sought Delhi University’s response on a plea filed by St Stephen’s College against the varsity’s notification insisting on admission under minority quota solely on the basis of common university entrance test (CUET) score without an interview.
A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad issued notices to DU as well as UGC on the college’s plea and asked them to file their replies.
The court orally remarked that the DU notification was “contrary” to a judgment passed by it last year in connection with the admission process. Based on this judgment, it observed the college can issue prospectus.

The judgment last year had allowed St Stephen’s College to admit minority students by additionally conducting interviews but upheld 100 per cent weightage to CUET score for non-minority students.
“The (earlier) judgment is in existence. We will issue notice,” the court said.
Additional Solicitor General Chetan Sharma, appearing for the respondent, sought time from the court to file a reply to the college’s plea, saying there was no urgency in the matter at this stage.
The petitioner, represented by advocate Romy Chacko, has said it was a minority educational institution and its right to select students for admission and administer educational institution under the Constitution cannot be interfered with or taken away by the Delhi University.
It has contended that DU’s decision insisting on 100 per cent weightage for CUET score for admission under minority quota is ultra vires (beyond the powers) to Article 30 of the Constitution and unconstitutional.

“The Delhi University has now resolved that for admissions during the current academic year (2023), even in regard to 50 per cent Christian quota of seats admission shall be only on the basis of CUET score and no interview and addition of 15 per cent marks for interview will be permitted,” the plea said.
“The impugned decision of the University denying the petitioner college its right to conduct interviews for admission to undergraduate courses in the minority category is contrary to the judgment of this Honble Court dt. 12.09.2022 in W.P. (C) No. 8814/2022 in St, Stephen’s College Vs, University of Delhi which recognized the Petitioner’s right to select students of minority category by conducting interviews,” stated the petition.
Last year, St Stephen’s College filed a petition challenging DU’s letter asking it to withdraw its prospectus which gave 85 per cent weightage to CUET and 15 per cent weightage to college interview for admission to its unreserved seats in UG courses.
Holding that the rights accorded to a minority institution under the Constitution cannot be extended to non-minorities, the court in September 2022 directed St Stephen’s College to give 100 per cent weightage to the CUET 2022 score when giving admission to non-minority students in its undergraduate courses.
It said the college has the authority to conduct interviews in addition to the common university entrance test (CUET) for the admission of students belonging to the minority community but it cannot force the non-minority candidates to additionally undergo an interview.
The matter would be heard next in May.
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#seeks #stand #Stephens #plea #absolute #weightage #CUET #score #minorities
( With inputs from www.siasat.com )

April 27, 2023
‘I’m here because Donald Trump raped me,’ Carroll says on witness stand

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Carroll will be cross-examined by Trump’s attorneys. It wasn’t clear Wednesday afternoon when that questioning would begin.
In much of her initial testimony, Carroll, 79, was matter-of-fact, but when one of her lawyers, Mike Ferrara, asked her about the moment Trump allegedly inserted his penis into Carroll, she stammered, took a lengthy pause and began to cry. “I….I…I tried. I…,” she said, before pausing. “When you asked me what I did in that moment, I always think back to why I walked in there to get myself in that situation,” she said, crying. “But I did get out.”
Carroll, a longtime advice columnist for Elle magazine, testified that she and Trump had met years before the alleged incident, and she liked him. “I thought he was well-known, a raconteur, man-about-town,” she said. “Well-liked.” Asked if she thought he was attractive, she said yes.

Carroll is suing Trump for battery and defamation in a trial that began Tuesday in Manhattan federal court. Trump has denied the allegations, saying the incident “never happened” and that Carroll has perpetrated a “hoax.”
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According to Carroll, she bumped into Trump at the door to Bergdorf’s, and he asked her to help him pick out a gift. “Oh, I was delighted,” she recalled. “Well, it was such a funny New York scene. I’m a born advice columnist. I love to give advice, and here was Donald Trump asking me to give advice about buying a present.”
Carroll has said she does not remember the exact date but believes it was in late 1995 or early 1996. A lawyer for Trump tried to use the lack of a date to undermine her account in his opening statement on Tuesday.
But in her testimony Wednesday, Carroll provided a detailed account of what she says happened that day. She and Trump browsed the store, she said, and eventually made their way up the escalator to the lingerie department on the sixth floor. The tone of their conversation was “very joshing” and light-hearted, Carroll testified, and the two teased each other about which one should try on a lace bodysuit. “I was flirting the whole time, probably,” she said.
Trump took her by the arm and led her to a dressing room, she said. Asked if she ever thought about saying no, she replied that “it didn’t occur to me.”
“The door was open and that open door has plagued me for years, because I just walked into it. Just walked in,” she said, as though in disbelief.

Carroll said it took her a moment to register that their cheerful encounter had taken a turn.
“He immediately shut the door and shoved me up against the wall,” she testified. “And shoved me so hard my head banged. I was extremely confused and suddenly realizing that what I thought was happening was not happening.”
She testified that she didn’t call for help or yell. “This is going to sound odd: I didn’t want to make a scene,” she said. “I didn’t want to make him angry at me. This started out as something fun and light and comedic and something to tell people you were having dinner with, and it suddenly turned absolutely dark.”
At the time, Carroll said, she was 5’9” and about 120 pounds and was wearing 4-inch heels, making her approximately Trump’s height but about 100 pounds lighter. “His head was beside mine, breathing,” she said.
“His whole weight came against my chest and held me up there. And he leaned down and pulled down my tights,” she said. “I was pushing him back,” she said, holding up her hands to demonstrate.
Carroll said she was “stamping and trying to wriggle out from under him.”
“But he had pulled down my tights and his fingers went into my vagina and it was extremely painful,” she said. “Extremely painful, because he put his hand inside me and curved his fingers. As I’m sitting here today I can still feel it,” she said, her voice cracking.
“Then what happened?” her lawyer, Ferrara, asked. “Then he inserted his penis,” she said, and the alleged assault lasted a few minutes. “I had so much adrenaline pouring through me at this time, I can’t recall if I said anything.”
After pushing Trump off of her, she said, Carroll fled the store and ran out onto Fifth Avenue.
“Sitting here today, how do you feel about going into that dressing room?” Ferrara asked.
“It was very stupid,” Carroll said. “It changed…” she paused. “I know people have been through a lot worse than this, but it had…it left me, it left me unable to ever have a romantic life again.”
Carroll said she immediately called one friend, Lisa Birnbach, and the next day told another friend, Carol Martin. She said she never told anyone else until she went public with her account in 2019.
Asked if she was afraid of how others would react, she said she wasn’t. “No, I knew how others would react,” she said. “Women who are raped are looked at as soiled goods. They’re looked at as less.”
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#Donald #Trump #raped #Carroll #witness #stand
( With inputs from : www.politico.com )

April 27, 2023
Priyanka Gandhi appeals to Karnataka voters to ‘stand with Congress’

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Chikkamagaluru: AICC General Secretary Priyanka Gandhi Vadra on Wednesday stated that her family is facing a period of struggle in the contemporary period and made an appeal to the people to stand with the Congress party.
On her second day of tour, she continued her poignant attack on BJP.
Addressing a poll rally in Sringeri of Chikkamagaluru district, Priyanka Gandhi stated, “In 1978, when Indira ji (late ex-PM Indira Gandhi, her grandmother) came to Chikkmagaluru, it was a period of struggle for her.

In that tough time, people of Chikkamagaluru stood with her. Today also there is a period of struggle for Rahul ji (Rahul Gandhi) and my family. We have full confidence that people of the country will stand with us,” she said.
“I have full hope that you will make Congress win in Karnataka. Our country, your state is at such a turning point that if we don’t understand that there is a need for such politics which doesn’t make people fight, which works for all of us, which makes all of us progress, then the country and the state may undergo heavy loss,” she maintained.
Priyanka Gandhi further explained, “Today morning, I went to Mylari Hotel in Mysuru. Its owner told me that his father had started that work. He taught me how to make Dosa. I also met his daughter who works in Infosys. Looking to the future while preserving traditions, culture and civilisation… that is the identity of Karnataka.”
When big ministers say ‘don’t look at your candidates, hand over Karnataka to PM Modi’. Why? Can the sons and daughters of Basavanna ji, Narayan Guru ji not run the state on their own? Priyanka Gandhi questioned.
“Six months ago, I went abroad to drop my daughter off at her college. There I met a youth from Bengaluru who was working in an IT company. Both of us felt proud; there was Karnataka’s self-respect, self-confidence and pride on his face. I felt proud that my country’s youth has progressed so much, my father’s dream has been fulfilled,” she stated.

“I feel proud of Karnataka, your hard work, honesty. But I also feel sad for you. The government, which has been in Karnataka for the last 3.5 years, has broken your trust. It was formed on the basis of greed; it was formed by stealing MLAs, by breaking Congress-JD (S) government. BJP government has broken every promise. It had said that it’ll give jobs, double farmers’ income, reduce prices but did nothing,” Priyanka Gandhi charged.
Youths have not been given employment; 2.5 lakh government posts are lying vacant but they are not getting them. Rate of every post has been fixed, there is a scam in every exam for recruitment. Contractors are committing suicides. The Contractors’ Association and School Management Association wrote letters to the PM about corruption but they didn’t get any reply, she said.
MLA’s son was caught with Rs 8 crore cash but no action was taken, rather his MLA father took out a parade to show that they can do anything and nobody can touch them. Even Covid patients were looted; nothing was spared, not even eggs meant for school children, she alleged.
“Who made a cooperative like Nandini? You made it by your hard work. Earlier, milk used to be distributed in schools. The Congress government had brought ‘Ksheer Bhagya’ and ‘Ksheer Dhare’ schemes. Now, BJP says that less milk is being produced because they want ‘Nandini’ to merge with Gujarat’s Amul. Earning of more than 1 crore people is at stake but they don’t care for it,” Priyanka Gandhi charged.
In Rajasthan and Chhattisgarh, farmers’ debt has been waived off. It has the highest MSP in Chhattisgarh. In Himachal Pradesh, implementation of Old Pension Scheme has begun as per our promise, she claimed.
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#Priyanka #Gandhi #appeals #Karnataka #voters #stand #Congress
( With inputs from www.siasat.com )

April 26, 2023
Anti JK Forces Won’t Stand Test Of Democracy: Farooq Abdullah

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SRINAGAR: The Jammu and Kashmir National Conference President, Dr Farooq Abdullah on Wednesday said that opportunistic politicians pose a bigger threat to the historical individuality & cultural uniqueness of Jammu and Kashmir.
While addressing party workers and functionaries from Sangrama constituency at the party headquarters Nawa-e-Subha, Srinagar, Farooq Abdullah said that people have recognized the true face of these opportunists, who behind their deceptive facades are working towards dividing our voice and strength, Dr Farooq said.
“They know that they cannot stand the test of democracy. Whenever elections are held, people will teach them a lesson. How long can they run away from facing people? One or the other day they have to face them. However I’m sure that people won’t allow them to play with their honour and dignity,” he said.
Stressing on the importance of maintaining unity in the ongoing struggle for restoration of J&K’s rights, Dr Farooq said, “I see no way of achieving anything in J&K without a lasting unity between different sections of our society. Unity in diversity must be our creed to last for all times and under all circumstances, otherwise there is no end in sight to our common problems in the shape of poverty, unemployment.”

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#Anti #Forces #Wont #Stand #Test #Democracy #Farooq #Abdullah
( With inputs from : kashmirlife.net )

April 26, 2023
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April 26, 2023