Archives for October 2022

New Delhi: The Delhi government on Wednesday asked all fuel stations in the national capital to gear up to refuel only those vehicles which have valid Pollution Under Control Certificates from October 25.

In a notice issued by the transport department, owners of vehicles more than a year old (except electric or battery-driven vehicles) were also asked to get Pollution Under Control Certificates (PUCCs) for their vehicles.

The department is issuing notices to vehicle owners without valid PUCCs to get them within a week or face suspension of registration certificates.

Apart from this, the city government has also formed teams to check buses coming from neighbouring states at the Anand Vihar bus terminal for PUCCs.

The transport department has asked vehicle owners to obtain valid PUCCs before October 25 to avoid inconvenience and action as per law.

“Driving a vehicle without a valid PUCC is liable to attract a penalty of Rs 10,000 and imprisonment up to three months or both,” the notice read.

Delhi Transport Commissioner Ashish Kundra said pollution control is a shared responsibility. Sharing the notice on his Twitter handle, he said: “For those who missed it. Pollution control is a shared responsibility. Do your bit this winter. Make sure your vehicle has a valid PUC certificate. Post 25 October, in Delhi, no PUCC would mean no fuel at the pumps.”

The Delhi government has intensified its crackdown on vehicles without valid PUCCs in an effort to control pollution levels.

The environment department is considering issuing a notification mandating all dealers of petrol, diesel and CNG pumps to sell fuel to motor vehicles only on production of valid PUCC from October 25, the notice read.

Earlier this month, Delhi Environment Minister Gopal Rai had announced that vehicle owners would not be provided fuel at petrol pumps in Delhi without showing a valid Pollution Under Control Certificate from October 25.

The decision was taken at a meeting of officials from the environment, transport and the traffic departments on September 29, he had said.

“Vehicular emission is one of the key contributors to rising pollution in Delhi. It is imperative to reduce it, and so, it has been decided that from October 25 petrol, diesel will not be provided at petrol pumps without PUC certificate of vehicles,” Rai had said.

New Delhi: The Supreme Court Wednesday directed no citizen can be prosecuted under section 66A of the Information Technology Act, 2000, which it had scrapped way back in 2015.

Under the annulled section, a person posting offensive content could be imprisoned for up to three years and also fined.

Underlining that liberty of thought and expression is of “cardinal” significance, the top court had on March 24, 2015 done away with the provision, saying “the public’s right to know is directly affected by Section 66A of the Information Technology Act”.

A bench headed by Chief Justice U U Lalit said in all cases where citizens are facing prosecution for alleged violation of section 66-A of the Act, the reference and reliance upon the said provision shall stand deleted.

“We direct all Director General of Police as well as Home Secretaries of the states and competent officers in Union Territories to instruct the entire police force in their respective states/Union Territories not to register any complaint of crime with respect to alleged violation of section 66A,” said the bench, also comprising Justices Ajay Rastogi and S R Bhat.

The top court clarified that this direction shall apply only with respect to offence punishable under section 66A, and if in the crime in question, other offences are also alleged, then the reference and reliance upon section 66A alone shall be deleted.

The bench observed the counsel appearing for the Centre has placed on record an all-India status report with regard to pending cases under section 66A.

It observed the information given in a tabular form does suggest that despite the issue regarding the validity of section 66A of the Act having been decided by the apex court, a number of criminal proceedings still rely upon this provision and citizens are still facing prosecution.

“Such criminal proceedings, in our view, are directly in the teeth of the directions issued by this court in Shreya Singhal vs Union of India (March 2015 judgement) and consequently, we issue following directions .,” the bench said.

“It needs no reiteration that section 66A of the 2000 Act has been found by this court in Shreya Singhal vs Union of India to be violative of the Constitution and as such, no citizen can be prosecuted ….in said section 66A,” it said.

The bench also said whenever any publication, whether government, semi-government and private, about the IT Act is published and section 66A is quoted as part of the statute book, the reader must adequately be informed that section 66A has already been pronounced upon by the apex court to be violative of the Constitution.

Calling a “matter of serious concern” the registration of FIRs under section 66A of the Act which was scrapped in 2015, the apex court had last month asked the chief secretaries of the states concerned to take back the cases within three weeks.

The bench was hearing a miscellaneous application of NGO ‘People’s Union for Civil Liberties’ (PUCL) alleging prosecution of people under the scrapped provision.

The NGO claimed that despite express directions of the court in 2019 that all state governments sensitise police personnel about the March 24, 2015 judgement, thousands of cases have been registered under the section.

It sought direction to the Centre to collect all data/ information regarding FIRs/investigations where section 66A has been invoked as well as pendency of cases in the courts throughout the country where proceedings under the provision are continuing in violation of the 2015 judgment.

On February 15, 2019, the top court had directed all state governments to sensitise their police personnel about its March 24, 2015 verdict, which had scrapped section 66A of the Act, so people are not unnecessarily arrested under the struck-down provision.

The first PIL on the issue was filed in 2012 by law student Shreya Singhal who sought an amendment to section 66A of the Act after two girls – Shaheen Dhada and Rinu Shrinivasan – were arrested in Palghar in Maharashtra’s Thane district.

While one had posted a comment against the shutdown in Mumbai following Shiv Sena leader Bal Thackeray’s death, the other had ‘liked’ it.

PUCL was also one of the petitioners in the earlier case and had challenged the constitutional validity of Section 66A of the Act.

Hospet/Chitradurga: Karnataka Chief Minister Basavaraj Bommai and BJP strongman B S Yediyurappa had breakfast at the residence of a Dalit man at a village near Hospet on Wednesday.

They visited the village as part of the ruling BJP’s ‘Jan Sankalp Yatra’, which kick-started on Tuesday.

Hirala Kollarappa and his two daughters served the VVIPs ‘Kesari Bhaat,’ (dessert) ‘Mandakki Voggarane’ (fried puffed rice with seasoning), fried chilli and Uppittu (Upma).

According to government officials, the CM was accompanied by Yediyurappa, Water Resource Minister Govind Karjol and Tourism Minister Anand Singh during the visit to Ambedkar Nagar in Kamalapura village in the newly formed Vijayanagara district.

“A festive mood prevailed at the residence of Hirala Kollarappa in Ambedkar Nagar in Kamalapura village. His two daughters, Huligemma and Renuka were busy in the kitchen since morning preparing a special breakfast for none other than ‘Common Man’ Chief Minister Basavaraj Bommai on Wednesday,” an official statement said.

After having meal at Kollarappa’s home, the BJP leaders interacted with all the family members.

Meanwhile, the Congress described Bommai and Yediyurappa eating at the Dalit family’s residence as a “photo-op” for the sake of votes, ahead of assembly election next year in the state.

While Leader of Opposition Siddaramaiah hit out at the ruling party for not doing enough for the sake of Dalits and other backward communities so far, AICC General Secretary in-charge of Karnataka Randeep Singh Surjewala took a swipe at Bommai government by highlighting an incident where over a dozen Dalit workers were allegedly assaulted and held captive by a coffee estate owner in Chikkamagaluru over financial issues.

“As elections are approaching, they have started remembering Dalits, backward classes, SCs and STs, till now nothing has been done for their welfare by this government. Now for the sake of election and votes, they are visiting areas where Dalits and backward communities live,” Siddaramaiah, who is here to take part in ‘Bharat Jodo Yatra’ led by Rahul Gandhi, told reporters in response to a query.

Surjewala in a tweet said, “The ugly stench of Dalit atrocities under Bommai Govt in Karnataka is nauseating – a 54% increase over last year. As Bommai-BSY (Yediyurappa) do photo-op of visiting a dalit house, BJP leader detains 16 Dalits & a hapless women loses her child.”

Reacting to the criticism, BJP state unit chief Nalin Kumar Kateel said Siddaramaiah has started the AHINDA movement, which instilled confidence among the backward communities and minorities.

In 2014 state assembly election, the Congress gained majority and Siddaramaiah remained the Chief Minister for 5 years but ‘failed’ to provide justice to the minorities and BC, he told reporters in Gadag district.

It is only the Bommai government which gave the SC/STs honour, whereas the Siddaramaiah did nothing in five years,” Kateel added.

Shiv Sena leader Sanjay Raut

Mumbai: Shiv Sena leader Sanjay Raut, who is currently in jail over money laundering charges, has claimed that there was pressure on him to “betray” his party, and that he landed in jail as he did not pay heed to it.

In a letter to his mother dated August 8, a week after his arrest, Raut said, Shiv Sena president Uddhav Thackeray and Shiv Sainiks were like her own children and till the time he was in jail, they would take care of her.

Everyone is aware that he has been framed under false and bogus charges and statements are extracted from him at gun point, Raut alleged.

Raut was arrested by the Enforcement Directorate (ED) on August 1 in a money laundering case linked to alleged irregularities in the redevelopment of Patra ‘chawl’ in Mumbai. He is currently in judicial custody. The ED probe pertains to alleged financial irregularities of Rs 1,034 crore pertaining to the redevelopment of the chawl or tenements in suburban Goregaon and related financial transactions allegedly involving his wife and associates.

Raut, the executive editor of Shiv Sena mouthpiece ‘Saamana’, said freedom fighters Lokmanya Tilak and Vinayak Domadar Savarkar had to face similar treatment.

“Like you, the Shiv Sena is also my mother. I had pressure to betray my mother (the party). There were threats not to speak against the government as it will prove costly. I did not pay heed to the threat which is why I am away from you,” the letter, which was tweeted on Wednesday, said.

He said Uddhav Thackeray, who heads one faction of the Shiv Sena, is his dear friend and a leader, and that it would be difficult to face Sena founder Bal Thackeray if he left Uddhav’s side in his trying times.

Raut also assured his mother that he will definitely be out of jail as the “soul” of Maharashtra and the country cannot be killed.

At the time of Raut’s arrest by the ED, his mother had hugged him and sobbed when he was being taken away. In two separate rallies held in September and October, the Uddhav Thackeray-led faction had kept a chair vacant with Raut’s name written on it to send a message how strongly the party backs him.

Uddhav and his wife Rashmi have visited Raut’s family at different intervals to show their support to him.

Raut, a bitter critic of the Modi government and also one of the architects that helped form the Maha Vikas Aghadi (MVA) government under Uddhav Thackeray, said without naming the Bharatiya Janata Party (BJP) that the ones in power want to finish the Shiv Sena and want to trample upon the self-respect of Maharashtra.

In such circumstances, it is difficult to be a mute spectator and live like a slave, he said, adding that Congress’ interim president Sonia Gandhi and Nationalist Congress Party (NCP) leader Rohit Pawar are being troubled.

“But this will lead to a revolution and democracy will again take birth,” Raut said.

Justice Hemant Gupta dismissed the appeals challenging the HC’s order whereas Justice Sudhanshu Dhulia allowed the appeals.

Justice Dhulia while allowing the appeals and quashing the GO dated February 5 said, “Wearing of hijab is ultimately a matter of her choice. The ratio laid down by SC in Bijoy Emanuel covers the issue. What weighed in my mind was the education of a girl child. A girl child has a lot of difficulties to face. There are other difficulties as well and whether we’re making her life any better by putting restrictions on education.” 

Due to the divergence in opinion, the two-judge bench asked the pleas to be placed before the CJI for constituting an appropriate bench. 

A bench of Justices Hemant Gupta and Sudhanshu Dhulia after an extensive hearing of ten days had reserved a verdict in September 2022. 

The hearing had witnessed a battery of senior lawyers such as Kapil Sibal, Dushyant Dave, Salman Khurshid, Rajeev Dhawan, Sanjay Hegde, Devdutt Kamat arguing against the hijab ban. For the State, submissions were made by Solicitor General Tushar Mehta, Karnataka AG Prabhuling Navadgi and ASG KM Nataraj.

On March 15, 2022, the Karnataka HC held that wearing of the hijab was not a part of essential religious practice which could be protected under article 25 (Right to freedom of conscience and free profession, practice and propagation of religion) of the Constitution. The bench further held that the prescription of a uniform dress code in educational institutions was not violative of the fundamental rights of the petitioners.

The HC’s verdict came on the petitions filed by a section of Muslim students from the Government Pre-University Girls College in Udupi. The students had challenged the state’s February 5 decision that did not allow students to wear the hijab, or customary Islamic headscarf, to educational institutions.

NEW DELHI: The Supreme Court on Tuesday posted the pleas filed by students who had returned from war torn Ukraine seeking permission to continue their medical education in India for November 1, 2022. 

Senior Advocate Rajiv Dutta appearing for the students submitted before a bench led by Justice Hemant Gupta that a meeting had to be conducted wherein has to take decision. 

“We’re waiting something positive may come. They have been informing but nothing is coming through. This is situation where we need their help,” he added. 

Earlier while appreciating centre’s stand of introducing “Academic Mobility Programme” that would give almost 20k Ukraine returnees chance to continue their medical education in alternate universities of other compatible countries, it asked centre to develop a portal specifying requirements such as fees of college, seats available of these universities.

“You can develop a portal, give them the options so that the students can be transferred. We appreciate that India can’t accommodate 20/30k students and they will have to study outside India. It should be transparently available so that they can take up the course. One liasioning officer will go mad. What is the fee, colleges available, how many seats are available and which college,” a bench of Justices Hemant Gupta and Sudhanshu Dhulia said. 

Court suggested this while considering the batch of pleas filed by students who had returned from Ukraine seeking to continue their medical education in India. 

In its response, the Health Ministry had said that Ukraine returnees with “poor merit” could not be allowed to continue their education in India. The Centre had said that they will have to utilise the academic mobility programme proposed by Ukrainian universities that have already been “no objection” by National Medical Commission and Centre. It was also said that the programme would do justice to most of the aggrieved students and also protect the career of nearly 20,000 Indian students who had to be evacuated from war torn country. 

ISLAMABAD:  Pakistan’s health ministry has approved the purchase of over 6 million mosquito nets from India, as the country scrambles to contain the spread of malaria and other vector-borne diseases due to the unprecedented floods, according to a media report on Tuesday.

The World Health Organisation (WHO) is using financial resources provided by Global Fund to acquire the nets for Pakistan, Geo.tv report said.

The WHO officials said they are planning to obtain mosquito nets as early as possible and are hopeful that these would be obtained by next month via the Wagah route, the report said.

More than 1,700 people were killed, 33 million displaced and a third of the country was submerged under water in the worst floods to hit Pakistan, brought about by unprecedented rains since mid-June.

In September, the World Health Organisation (WHO) warned that a surge in diseases like malaria can cause a “second disaster. Last week, the WHO warned of 2.7 million malaria cases in 32 districts in flood-hit Pakistan by January 2023.

“Malaria is spreading at a rapid pace in 32 flood-affected districts of the country where thousands of children are infected with the mosquito-borne disease,” officials said.

Pakistan’s health ministry had sought permission to procure mosquito nets from India last month, the report said.

The official said they had requested the Global Fund for the arrangement of mosquito nets for the 26 most-affected districts of Sindh, Punjab and Balochistan, where Plasmodium Falciparum cases were reported.

In response, it offered to procure these nets from India if the Pakistan government approved such a move.

Relations between India and Pakistan have been strained over the Kashmir issue and cross-border terrorism emanating from Pakistan.

Bilateral ties nosedived after India abrogated Article 370 of the Constitution, revoking the special status of Jammu and Kashmir and bifurcating the State into two Union Territories on August 5, 2019.

Following India’s decision, Pakistan downgraded diplomatic ties with New Delhi and expelled the Indian envoy. Trade ties between Pakistan and India have largely been frozen since then.