Archives for August 2017

New Delhi: Calling it ‘illegal’ and unconstitutional’, the Supreme Court on Tuesday barred triple talaq – the practice that allows Muslim men to instantaneously divorce their wives by uttering talaq (divorce) thrice — for six months and urged Parliament to bring a new law.

The landmark verdict was delivered by an all-faith, 5-judge bench in a 3:2 majority.

The Constitution so far has held that the 1400-year-old triple talaq is legal for Muslims, but many aggrieved women, divorced by letter, on SMS, Whatsapp and even Skype challenged the controversial practice.

The bench, in the 3:2 verdict, asked the government to bring legislation within six months and urged all political parties to come together and decide on this. It said the practice was against the basic tenets of Islam.

The apex court referred to the abolition of triple talaq in Islamic countries and asked why independent India could not get rid of it.

The court also made it clear if a law was not enacted within six months, its injunction on triple talaq would continue.

The top court also hoped the Centre’s legislation would take into account concerns of Muslim bodies and the Sharia law.

Tuesday’s landmark verdict was delivered by a bench comprising five judges of all faiths — Chief Justice J S Khehar (Sikh), Justices Kurian Joseph (Christian), Rohinton Nariman (Parsi), Uday Lalit (Hindu) and SA Abdul Nazeer (Muslim).

Justice Nariman, Lalit and Joseph said triple talaq was unconstitutional, and opposed the view of Chief Justice J S Khehar and Justice Nazir. The latter held that talaq-e-biddat was not in violation of Articles 14, 15, 21 and 25 of the Constitution and that it was an integral part of the Sunni community practised for 1400 years.

The judges in favour of banning triple talaq called the practice ‘bad in law’.

While Justice Khehar held matters of personal law could not be touched by a constitutional court law, or its constitutionality tested, Justice Nariman differed. Reading out a separate judgement, Justice Nariman said triple talaq was a part of the 1934 Act and should always be tested on constitutionality. He declared it unconstitutional.

Justice Kurien said triple talaq was not an essential part of Islam and enjoyed no protection of Article 25.

The Bench held sittings during summer vacation to decide the validity of triple talaq. It was hearing a batch of petitions filed by Muslim Women’s Quest for Equality. The hearing was completed in six days.

The petitioners had questioned the validity of triple talaq and had argued that it infringed with Muslim women’s fundamental right to equality.

In opposition to that, the All India Muslim Personal Law Board (AIMPLB) submitted a draft ‘nikhanama’ (marriage agreement), which said the bridegroom would not resort to instantaneous triple talaq to seek divorce. The AIMPLB said a resolution to this effect had been passed and sent to all the kazis in the country.

The AIMPLB had asserted that triple talaq may be sinful but it was a practice in existence for close to 1400 years. “We don’t want the court to enter into a slippery slope. Court should not venture into the area and interpret something, which is not in its domain. Personal law, customs and faith cannot be tested under the garb of fundamental rights,” the Muslim board had said.

Through its senior counsel Kapil Sibal, AIMPLB had cautioned the court from deciding this issue as it could lead to a backlash in the Muslim community, which might see its rights being infringed upon and therefore resort to supporting practices like polygamy and oral divorce.

(Agencies)

Kanhaiya Kumar. AFP

Kolkata: Nearly 100 BJP activists on Monday threw rotten eggs and staged a demonstration against Jawaharlal University student leader Kanhaiya Kumar calling him an IS terrorist group’s agent and “anti-national” at Midnapore town of West Bengal.

The slogan shouting protestors rushed out from the BJP West Midnapore district party office as Kanhaiya Kumar and his comrades — now on a ‘long march’ — arrived near the Sports Complex where they were slated to be feted.

Waving the tricolour and some placards, the BJP workers asked Kanhaiya to go back and “shift to Pakistan”.

The activists of the Communist Party of India’s students’ organisation All India Students’ Federation, one of the sponsors of the Long March, also raised counter slogans, but the police controlled then situation by barricading the BJP workers.

None of the eggs hit Kanhaiya who entered the Sports Complex, with a police escort for the programme.

Around 19 BJP activists were detained from the spot.

(IANS)

New Delhi: Normal banking operations have been hit as public sector bank employees went on a one-day nationwide strike on Tuesday to protest against the government’s proposed consolidation move, besides raising other demands. Services like deposits and withdrawal at bank branches, cheque clearance, NEFT and RTGS transactions are affected.

However, operations at private lenders such as ICICI Bank, HDFC Bank, Axis Bank and Kotak Mahindra Bank were almost normal. The Indian Banks’ Association (IBA) had already informed customers that functioning of branches and offices may take a hit if the strike takes off. It had also asked banks to take measures in advance to minimise the impact.

The strike has been called by all unions under the aegis of the United Forum of Bank Unions (UFBU). The UFBU is an umbrella body of nine unions, including the All India Bank Officers’ Confederation (AIBOC), the All India Bank Employees Association (AIBEA) and the National Organisation of Bank Workers (NOBW).

Besides, protest against consolidation move of the government, other demands include no write-off policy for non-performing assets (NPAs) of corporate loans, declaring wilful default of loans as criminal offence and implementation of recommendations of Parliamentary Committee on recovery of NPAs, NOBW vice president Ashwini Rana said.

The government should provide overtime for additional work during demonetisation, he said. The UFBU, which claims membership of nearly 10 lakh across banks, requested the government for cost reimbursement of demonetisation to banks. As many as 21 public sector banks control 75 per cent of the total banking business.

(PTI)

Muzaffarpur: Former RJD MP Mohammad Shahabuddin was today charge sheeted by the CBI in a special court here for the offences of murder and criminal conspiracy in the killing of journalist Rajdeo Ranjan in May last year.

Sunil Singh Rawat, the investigating officer of the case, and public prosecutor Deep Narayan submitted the charge sheet against Shahabuddin, a four-time MP from Siwan, and six others before CBI judge Anupam Kumari.

Defence lawyer Sharad Sinha said that the other accused against whom the agency has filed the charge sheet are Azahruddin Beig alias Laddan Mian, Rishi Kumar Jaiswal, Rohit Kumar Soni, Vijay Kumar Gupta, Ranjeet Kumar and Sonu Kumar Gupta.

This is a supplementary charge sheet by the CBI as the agency had filed its earlier charge sheet against one accused in December, 2016.

Bihar Police had charge sheeted six persons in the case before the probe was taken over by the agency. A total of eight accused have been charge-sheeted so far in the case.

The CBI has charged Shahabuddin, currently lodged in the high-security Tihar Jail in Delhi, under IPC sections related to criminal conspiracy and murder and provisions of Arms Act, a statement from the agency said here.

“The charge sheet has been filed under section 120B (criminal conspiracy) read with 302 (murder) of the IPC as well as section 27 of the Arms Act,” Sinha told PTI over phone.

The charge sheet has not been submitted against two oher accused Mohammad Javed and Mohammad Kaif who are out on bail in the case as the investigation is currently underway, Sinha said.

It may be noted that the special CBI court on May 26 had made Shahabuddin an accused in the murder case.

The four-time RJD MP from Siwan is alleged to have been involved in the murder of Rajdeo Ranjan, a journalist of a prominent Hindi daily in Siwan.

Shahabuddin is facing trial in more than 45 criminal cases. He was moved to the Tihar Jail in February this year on a Supreme Court order on a plea by Siwan native Chandrakeshwar Prasad whose three sons were killed in two separate incidents.

Rajdeo Ranjan, district bureau chief of the Hindi daily, was gunned down on May 13 last year and his wife had accused Shahabuddin of having a role in the killing.

(PTI)

Beijing: China today blamed Indian soldiers for “violent action” against its troops during a standoff at Pangong Lake in Ladakh on August 15 leading to scuffles and stone pelting, and has lodged a protest with India.

Indian border guards had foiled an attempt by the Chinese soldiers to enter Indian territory in Ladakh, resulting in stone pelting that caused minor injuries to troops on both the sides.

Chinese Foreign Ministry spokesperson Hua Chunying claimed that the incident occurred when Chinese border troops were conducting normal patrol on the Chinese side of the Line of Actual Control (LAC) around the Lake area on August 15.

“During this process, the Indian side took some violent actions and injured the Chinese border personnel,” she claimed. India says that the incident was discussed by the local army commanders of the two sides.

Hua said “China has expressed strong dissatisfaction and lodged serious representation to India”.

The incident at the Pangong Lake happened amid a standoff between Indian and Chinese troops at the Doklam area in the Sikkim section which has now entered the third month.

China has alleged that Indian troops illegally trespassed into the Chinese territory in Doklam and they should unconditionally withdraw to end the faceoff.

Last week India said it will continue to engage with China to find a mutually acceptable solution to the Doklam standoff, but underlined that incidents like one in Ladakh were not in the “interest of either side”.

(Agencies)

Belagavi: Naganur Rudrakshi Mutt Seer Dr Siddarama Swamiji said more than 5 lakh Lingayats from various parts of Karnataka, Maharashtra, and Andhra Pradesh will take part in huge rally to be held in Belagavi on August 22 to urge the union government to recognize Lingayat community as separate, independent religion.

Speaking in a press conference here in Belagavi on Sunday, seer said, after holding rally in Belagavi, the leaders of the community will hold rallies in other parts of the state including Bengaluru, Mysuru, Kalburgi and others. The leaders of the community have already decided to hold a massive rally in Bengaluru on September 30 with a participation of 20 to 25 lakh Lingayats. Prior to the rally in Bengaluru, another rally is scheduled at Kalburgi on September 10.

Seers, leaders of Lingayat community have also decided to hold rallies in Latur of Maharashtra to urge the union government to take necessary steps to declare Lingayat as separate religion.

(Agencies)