Archives for August 2023

The Supreme Court

New Delhi: The Supreme Court on Monday asked Attorney General R Venkataramani and Solicitor General Tushar Mehta to look into the issue of the suspension of Jammu and Kashmir education department lecturer who had argued before the top court in a matter related to the abrogation of Article 370.

A five-judge bench headed by Chief Justice D Y Chandrachud took note of the suspension of Zahoor Ahmad Bhat, who had argued before the top court on August 24 as petitioner in-person in the case.

As soon as the court resumed its hearing, senior advocates Kapil Sibal and Rajeev Dhavan pointed out that Bhat was suspended from his job by the Jammu and Kashmir administration after having argued before the top court.

“He took leave for two days. Argued before this court and went back and was suspended,” Sibal said.

The bench, also comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant, asked Venkataramani to talk to the J-K Lieutenant Governor and look into the issue.

“This should not happen. Someone arguing before this court gets suspended ,” the bench said.

Venktaramani replied that he will look into the issue.

Mehta said after the news of Bhat’s suspension was published in a newspaper, he checked with the administration and he was informed that there were various reasons behind the lecturer’s suspension including that he has been regularly filing petitions before different courts.

“We can place before the court all the materials related to his suspension,” Mehta said.

Sibal countered, “Then, he would have been suspended earlier, why now. I have the suspension order of Bhat and it says that he has argued before this court and therefore the suspension. This is not fair. This is not how democracy should function.”

The bench said if there are other reasons then it is another matter but if a person gets suspended in close proximity of arguing before this court, then it needs to be looked into.

Mehta said he agrees that the timing was not appropriate and he will look into it.

On August 24, Bhat had appeared in-person before the top court and argued against the Centre’s August 5, 2019 decision to abrogate Article 370.

Bhat was removed from his place of posting in Srinagar and was attached to the office of the Director School Education, Jammu, while a senior official was appointed as an inquiry officer to conduct an in-depth inquiry into his conduct, according to an official order.

“Pending enquiry into his conduct, Mr Zahoor Ahmad Bhat, Senior Lecturer, Political Science, presently posted at Government Higher Secondary School Jawahar Nagar Srinagar, is hereby placed under suspension with immediate effect for violation of provisions of J&K CSR, Jammu and Kashmir Government Employees (Conduct) Rules 1971, J&K Leave Rules,” School Education Department Principal Secretary Alok Kumar said in an order.

During the period of suspension, the delinquent officer shall remain attached in the office of Director School Education, Jammu.

“Further, it is hereby ordered that Ms Subah Mehta, Joint Director, School Education, Jammu is appointed as inquiry officer, who shall conduct an in-depth inquiry in the conduct of the delinquent officer,” the order issued on Friday read.

Hailing from central Kashmir’s Budgam district, Bhat, who holds a law degree, personally appeared before the Supreme Court which is currently hearing a bunch of petitions challenging the scrapping of Article 370 that granted special status to the erstwhile state.

The central government abrogated Article 370 and bifurcated Jammu and Kashmir into Union territories of J-K and Ladakh on August 5, 2019.

New Delhi: Finance Minister Nirmala Sitharaman on Monday said Jan Dhan Yojana-led interventions and digital transformation have revolutionised financial inclusion in the country, as more than 50 crore people have been brought into the formal banking system with cumulative deposits surpassing Rs 2 lakh crore.

On the ninth anniversary of the Pradhan Mantri Jan Dhan Yojana (PMJDY), which is one of the biggest financial inclusion initiatives in the world, Sitharaman in her message said 55.5 per cent bank accounts have been opened by women, and 67 per cent have been opened in rural/semi-urban areas.

Under the scheme, the number of bank accounts grew 3.4-fold from 14.72 crore in March 2015, to 50.09 crore as on August 16, 2023.

Total deposits too have swelled from Rs 15,670 crore as of March 2015, to over Rs 2.03 lakh crore as of August 2023.

The average deposits in Jan Dhan accounts have increased 3.8 times from Rs 1,065 as of March 2015, to Rs 4,063 in August 2023.

About 34 crore RuPay cards have been issued to these accounts without charge, which also provides for a Rs 2 lakh accident insurance cover.

The zero-balance accounts under the scheme have reduced to 8 per cent of total accounts as of August 2023, from 58 per cent in March 2015.

Sitharaman said, “the 9 years of PMJDY-led interventions and digital transformation have revolutionised financial inclusion in India. With the collaborative efforts of stakeholders, banks, insurance companies, and government officials, the PMJDY stands out as a pivotal initiative, changing the landscape of financial inclusion in the country…”.

Minister of State for Finance Bhagwat Karad said Jan Dhan Aadhaar Mobile (JAM) architecture has enabled successful transfer of government benefits in the accounts of the common man seamlessly.

“PMJDY accounts have become the fulcrum of people-centric initiatives like Direct Benefit Transfer (DBT) and have contributed towards inclusive growth of all sections of the society, especially the underprivileged,” Karad said.

The PMJDY was launched on August 28, 2014, with an aim to provide universal banking services through the opening of zero-balance bank accounts for every unbanked household, based on the guiding principles of banking the unbanked, securing the unsecured and funding the unfunded.

Thiruvananthapuram: A 15-year-old boy in Kerala allegedly attempted to kill his father after a quarrel ensued between them and later, the boy tried to kill himself, police said on Monday.

The incident was reported from Pothencode in this district on Saturday.

The boy allegedly attacked his father after he scolded him for some reason.

“It seems like the boy attacked his father for scolding him and hit his head multiple times with a hammer

However, the father escaped from the room and ran out of the house, the police added.

The boy later attempted to hang himself inside the room, but the locals and the police rescued him.

Police said both of them are undergoing treatment at the Thiruvananthapuram Medical College Hospital.

NEW DELHI: In a bid to press its claims over the un-demarcated borders with India, China is busy setting up ‘border settlement villages’ in many sensitive areas of the Line of Actual Control (LAC).

Multiple sources confirmed to this newspaper that these settlements (Xiaokang in Chinese) have focused on the Eastern Sector. While the number of such settlements is estimated at 628 villages in the Tibetan Autonomous Region, the focus has been towards Tawang (30 villages) and Tulung La (25).

construction is also taking place opposite West Bhutan and North Bhutan. This activity gained pace after the 19th Party Congress in October 2017, which was “intended to create a buffer and a means of surveillance and territorial claim”, said sources.

However, officials warn against treating these settlements as villages, as China will use them while pressing its claim over the areas. “We should call these Chinese border settlements in the un-demarcated areas and not Chinese villages,” said an official, adding: “If we call them Chinese villages now, after 10 years they will say even Indian media term these settlements Chinese villages.”

China’s 2022 Land Border Law calls for resettling the population and upgrading critical infrastructure along the border. These villages fill the gap between civil and military infrastructure. “Connectivity has improved… they have oil pipeline, optical fibre, and heliport,” say sources, adding that Chinese people have been forced to live there.

During a field trip to Kibithu, East of Arunachal Pradesh, this reporter witnessed one such settlement called Tatu Camp. It had two separate sections constructed. Half of it is a village area and the other half is a military block having an administrative building, helipad, and a small firing range on the backside of the building.

“India has also begun constructing villages closer to the borders but we are a late starter,” said sources.

According to the 2022 Land Border Law of China, these villages have a legal basis. This law stipulates that the PLA and Chinese People’s Armed Police Force are responsible for maintaining security along the border.

NEW DELHI: Prime Minister Narendra Modi on Monday said the Indian economy was on the path of rapid growth which had led to creating big opportunities for employment of the youth.

Addressing a Rozgar Mela where he distributed over 51,000 appointment letters to the youth, mostly in the security forces, the prime minister said automobile, pharma, tourism and food processing sectors were expected to grow at a rapid pace and open up employment opportunities for the youth.

He said the tourism sector alone was expected to contribute Rs 20 lakh crore to the economy by 2030 and had the potential to create 13-14 crore new jobs.

The prime minister said India was set to emerge among the top three economies in the world in this decade and bring benefits to the common man.

“Every sector has to develop. From food to pharmaceuticals, from space to startups. When every sector progresses the economy will grow,” he said.

Citing the example of the pharmaceutical industry, the prime minister said the sector worth Rs 4 lakh crore at present is expected to grow to Rs 10 lakh crore by 2030.

“What does it mean? It means that in this decade the pharma industry will need a lot of youth. There will be opportunities for employment,” Modi said.

He said the automobile sector too was on the growth path and would require youth power to propel it. “There will be immense employment opportunities,” the prime minister said.

Citing the example of Uttar Pradesh, he said good governance in the state has led to the establishment of the rule of law, which has in turn brought in a lot of investments.

“In an atmosphere of security, the establishment of the rule of the law speeds up development, instils confidence in the people and brings in investments,” he said.

However, the states with rising crime rates witness fewer investments and shrinking employment opportunities, Modi said.

RANCHI:  Jharkhand politics is on the boil: A day after the state government lodged four FIRs against state BJP chief Babulal Marandi in Ranchi over hate speeches, Chief Minister Hemant Soren on Thursday skipped the ED summons again, and moved Supreme Court.

Marandi faces four cases of hate speech in Simdega, Degohar and Latehar where he alleged used derogatory words against JMM chief Shibu Soren and his son. In Ranchi, the FIR has been lodged by Sonu Tirkey at Kanke police station under IPC Sections 504 (deliberate insult), 505 (offence at a religious place) and 505(2).

Marandi had made a scathing attack on the CM accusing him and his family members of changing their identity to get tribal land transferred in their names.

“The statements against Shibu Soren were meant to spread hatred against him. We call Shibu Soren Dishom Guru for playing a key role in the formation of Jharkhand,” said Tirkey in his FIR. Deoghar SP Ajit Peter Dungdung also asserted that an FIR has been registered against Marandi in Deoghar.

Meanwhile, Hemant Soren on Thursday skipped the summons issued by the Enforcement Directorate again and moved the Supreme Court.

Sources said Soren has filed a writ petition in the SC against the summons issued to him by ED in a land scam case.

Soren sent a letter to ED, saying he has moved the SC challenging the summons. Soren was issued a second summons by the ED for questioning in the land scam case.

Earlier, Soren skipped the first summons on August 14, and sent a letter to the ED asking it to withdraw the summons. However, the ED in its second summons asked him to appear before it on August 24.

The ED is probing two cases of money laundering. The first case is related to illegal mining in Sahibganj. The second case is related to an alleged land scam in Ranchi.

NEW DELHI:  Raising doubts about the concurring opinions of competent authorities regarding the release of 11 convicts in the Bilkis Bano gang-rape case The Supreme court of India said that the opinion should show “independent application of mind” even if it is not backed by elaborate reasons.

“How is a concurring opinion arrived at? There should be an independent application of mind, even in arriving at concurring opinion. It need not be supported by elaborate reasons, but it should show independent application of mind,” said a bench of Justices BV Nagarathna and Ujjal Bhuyan while considering a batch of pleas challenging the convicts’ remission. 

The court also observed that Bilkis, along with other petitioners, were not deprived of the right to move court just because the Supreme Court had earlier left it on the Gujarat government to decide on the convicts’ remission applications. 

“The petitioners are challenging the remission order, which came after the order on the writ petition. You cannot say the remission order cannot be questioned by anybody because of the (SC’s) May 2022 order… You may have 101 grounds, only one or two may be pressed,” said Justice Nagarathna. 

After learning that one of the convicts is practising law after the remission, the bench said, “Can license to practice law be given after conviction? Law is supposed to be a noble profession. Bar Council of India has to say whether a convict can practise law. You are a convict; there is no doubt about that. You are out of jail due to the remission granted to you. Conviction remains, only the sentence is cut short,” the court said.

Section 24A of the Advocates Act states that a person convicted of an offence involving moral turpitude cannot be enrolled as an advocate.

It also states that disqualification for enrolment shall cease to have effect after a period of two years has elapsed since his release or dismissal or removal.

Advocate Sonia Mathur, representing one of the convicts, drew the court’s attention to the overcrowding of jails to substantiate remission. The bench, while expressing concerns regarding overcrowding of jails, said,

“We wish you would canvass reformative theory for all prisoners who have completed 14 years in India. How many remissions have taken place? Why are our jails overcrowded? They should be eligible for remission in the first place.”

Bilkis banu 21 years old and five months pregnant when she was gang-raped while fleeing the horror of the communal riots that broke out after the Godhra train-burning incident.

Her three-year-old daughter was among the seven family members killed in the riots.

The Gujarat government had released the 11 convicts on the basis of the 1992 remission policy and not the policy adopted in 2014 which is effective today.

Under the 2014 policy, state cannot grant remission for a crime investigated by the CBI or where people have been convicted of murder with rape or gang-rape.

The hearing in the case will resume on August 31.

The top court had on August 17 said state governments should not be selective in granting remission to convicts and the opportunity to reform and reintegrate with society should be given to every prisoner, as it told the Gujarat government which defended its decision of premature release of all 11 convicts.

NEW DELHI: Prime Minister Narendra Modi on Thursday raised the unresolved issues along the Line of Actual Control (LAC) with Chinese President Xi Jinping during the two on the sidelines of the BRICS summit in Johannesburg, South Africa on Thursday.

“The prime minister underlined that the maintenance of peace and tranquillity in the border areas, and observing and respecting the LAC are essential for the normalisation of the India-China relationship,” foreign secretary Vinay Kwatra said at a press briefing.

However, there was no official word on whether President Xi confirmed his in-person participation in the upcoming G20 Summit in Delhi. In Johannesburg, the leaders of the BRICS nations decided to admit six more countries to the grouping — Argentina, Egypt, Ethiopia, Iran, Saudi Arabia and the United Arab Emirates. The new members will become part of BRICS with effect from January 1, 2024.

“We have taken the decision to expand this forum. India has always fully supported the expansion as it will make BRICS stronger and effective,’’ said Prime Minister Modi while welcoming the new members. Earlier in the day, Modi held bilaterals with leaders of South Africa, Iran, Ethiopia, the UAE, Mozambique, and Senegal.

Russia will host the next BRICS meet in 2024 in the Russian city of Kazan. Russian President Vladimir Putin attended the Johannesburg meet virtually. Putin faces arrest if he travels abroad following an arrest warrant by the International Criminal Court on charges of war crimes.

Meanwhile, among the 94 points that were listed in the Johannesburg Declaration, there were mentions of seeking reforms in the UN, trade in local currencies, the G20 Summit and countering terrorism.

“We support a comprehensive reform of the UN, including its Security Council, with a view to making it more democratic, representative, effective and efficient, and to increase the representation of developing countries in the Council’s memberships,’’ said South African President Cyril Ramaphosa.

The BRICS nations on Thursday rejected “double standards” in countering terrorism and vowed to work towards confronting the menace including cross-border movement of terrorists. The grouping called for expeditious adoption of the Comprehensive Convention on International Terrorism within the UN framework