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SC notice on BJP plea on its foreign funding

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BJP

New Delhi: The Supreme Court Friday issued notice to the central government and the election commission on a BJP plea challenging the Delhi High Court order that the contribution to its coffers by the Indian subsidiary of an overseas-based company amounted to foreign contribution.

An apex court bench headed by Chief Justice H.L. Dattu while issuing notice on Bharatiya Janata Party’s (BJP) plea, tagged it with an earlier Congress plea on the same issue.

The Delhi High Court had ruled that the funding for the Congress and the BJP by the Indian subsidiary of an overseas company amounted to foreign contribution which is prohibited and has urged the Election Commission (EC) and the central government to proceed against them.

(IANS)

Madras High Court quashes cases against 1000 PFI activists

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Madras High Court

Chennai: Madras High Court has quashed cases of rioting, attempt to murder and unlawful assembly registered against more than 1,000 members of Popular Front of India (PFI) in connection with a clash with police during a rally taken out in Ramanathapuram district in February this year.

Madras HC Justice G M Akbar Ali, in a petition filed by 19 persons named in the cases, said it would be a farce to slap unlawful assembly charges on the petitioners after having allowed the rally.

The PFI workers had clashed with police when the latter objected to alleged deviation in the route of the ‘unity march’ taken out by the organisation on its foundation day.

Cases were registered against 1,000 unknown persons besides these 19 petitioners.

“There are more number of injured on the organiser’s side than police side,” the judge said, adding police personnnel had suffered only minor injuries and were treated as out-patients.

Holding that no useful purpose would be served in probing the FIR against 1,000 unnamed persons and the 19 others, the judge quashed the entire case.

Immunity does not apply to Modi says American Justice Center in legal brief

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Immunity does not apply to Modi says American Justice Center in legal brief
US Court directs State Department to respond by December 10th to AJC’s “Memorandum of Law” challenging assertions of immunity

Modi-protest-us

The American Justice Center (AJC), an organization established to bring to justice perpetrators of mass violence and genocides, has filed a “Memorandum of Law in Opposition to Motion,” providing legal justification on why the Tort case against Indian Prime Minister Narendra Modi should move forward, and why Mr. Modi should not be granted immunity for human rights abuses committed during his tenure as Chief Minister of Gujarat.

In an immediate response to AJC’s brief, the US Court has directed the US State Department to respond to AJC’s legal brief challenging the US position on Mr. Modi’s immunity. The order states that “By December 10, 2014, the United States of America shall respond to Plaintiffs’ Objection to the Suggestion of Immunity”.

Arguing on behalf of the plaintiffs, American Justice Center and two survivors of the horrific Gujarat pogroms of 2002, Mr. Babak Pourtavasi, Esq of Pannun The Firm made a compelling case for prosecution of Mr. Modi under the Alien Tort Claims Act (ATCA) and Torture Victims Protection Act (TVPA). AJC’s case against the US government’s suggestion of immunity is based on the following facts:

Mr. Modi is being sued for acts committed as “Chief Minister” of the State of Gujarat and not for any acts that he committed as “Prime Minister” of India. “It is undisputed that foreign sovereign immunity extends only to the ‘head of the foreign government’ for the actions committed during tenure as ‘head of foreign government,'” states AJC’s Memorandum of Law.

Several federal courts have rejected immunity for foreign officials facing charges of blatant human rights abuses, as in the case of Mr. Modi. The United States Supreme Court in Kiobel v Royal Dutch Petroleum Co (2013) held that it is an “international duty,” and “important American national interest” to not provide safe harbor to hostis humanis generis or the common enemy of mankind.

Mr. Modi is not immune under Foreign Sovereign Immunity Act (FSIA), as the US Supreme Court decided that the term “foreign state” does not include individual government officials. In the Tort case against Mr. Modi, it is the latter who is being sued and not the Republic of India.

There is precedence known as Samantar, that allows lower federal courts to hold common law foreign sovereign immunity inapplicable for government officials sued for human rights abuses.

Commenting on the filing, Mr. Joseph Whittington, President of AJC said, “We are confident of the sound legal basis for the Tort case against Mr. Modi, and expect the court to allow the lawsuit to move forward.”

“Survivors of the horrific Gujarat massacres expect the US to uphold its own laws as well as international norms of justice,” he further added.

The Gujarat pogroms of 2002 were among the worst episodes of sectarian violence in independent India, and were marked with horrific crimes against humanity, including the rape of hundreds of women. Many of the victims were subsequently burned alive. Mr. Modi’s relentless PR efforts have tried to spin the decision of the Special Investigation Team (SIT) to not prosecute him, as a “clean chit.” The US government’s decision not to use this claim in its suggestion of immunity, is a clear acknowledgement of the fact that the case against Mr. Modi has not even reached the Indian Supreme Court. A case filed by Mrs. Zakia Jafri, widow of slain Parliamentarian Ehsan Jafri, is pending against Mr. Modi in the Gujarat High Court. An amicus curiae appointed by the Supreme Court has recommended Mr. Modi’s prosecution.

The American Justice Center (AJC) is a human rights organization dedicated to holding human rights abusers and perpetrators of mass violence accountable. AJC provides legal aid and support for international judicial redress to victims deprived of legitimate and legal means to justice.

References:

Response filed by AJC in Modi Lawsuit to US Govt Suggestion of Immunity
http://www.americanjusticecenter.org/wp-content/uploads/2014/11/Plaintiffs-objection-to-suggession-of-Immunity.pdf

Criminal Case Filed in Australia against Indian Prime Minister Narendra Modi
http://www.americanjusticecenter.org/ajc-files-criminal-case-in-australia-against-indian-pm-narendra-modi/

US Court issues summons against Indian PM Modi ahead of his arrival
http://www.americanjusticecenter.org/press-release/

15 months on, killers of Dabholkar still elusive

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A candlelight vigil in memory of Narendra Dabholkar in Bangalore. File photo: K. Murali Kumar, The Hindu

A candlelight vigil in memory of Narendra Dabholkar in Bangalore. File photo: K. Murali Kumar, The Hindu

Pune: Exactly 15 months after rationalist Narendra Dabholkar was killed, the mystery about his killers continues unresolved.

Members of the Andhashraddha Nirmoolan Samiti (ANS), which Dabholkar founded, his family members, social activists and commoners Thursday gathered carrying banners and placards at the exact spot near the Junglee Maharaj Road, where he was gunned down August 20, 2013, at 7.55 a.m. when he was on a morning walk.

The activists urged that the new BJP government at the Centre and the State should step up efforts to nab the killers at the earliest.

The gathering paid homage to Dabholkar with songs and raised slogans demanding that the elusive culprits be nabbed as soon as possible.

In the past 15 months, Pune and Maharashtra police set up over a dozen teams of investigators to arrest the killers but have drawn a blank so far.

The ANS has been meeting top officials of the previous Congress-NCP regime and the new BJP government of Chief Minister Devendra Fadnavis to take action in the matter.

(IANS)

For Indian bishop, Christian-Muslim dialogue needs actions, not words

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In India, both communities are a minority. For Mgr Felix Machado, archbishop of Vasai, change begins in the school, which must be “an environment that teaches reciprocity, as well as respect for the natural dignity and freedom of every human being”. He calls on Muslims to “use their own tools for the good of all and for building the nation.”

Dialogue-Christian-and-Muslim

by Nirmala Carvalho, AsiaNews

Mumbai: “Islamic-Christian dialogue is crucial to India, and should take place at the theological and practical levels. The contribution of religion to peace and harmony in modern society cannot be dismissed, nor can religion be relegated to the edges of modern society,” said Mgr Felix Machado, archbishop of Vasai and president of the Office of Ecumenical and Interreligious Affairs of the Federation of Asian Bishops’ Conferences (FABC), following the third seminar of the Catholic-Muslim Forum, centred on the theme of ‘Working together to serve others’ (11-13 November, Rome).

In India, Christians and Muslims are religious minorities. Out of a population of over 1.2 billion people, Hindus are 80.5 per cent. Christians constitute only 2.3 per cent, whilst Muslims are 13.4 per cent.

“This means that Indian Muslims are almost 150 million, the second Muslim community in the world after Indonesia,” the prelate told AsiaNews. “And many of them attend Christian schools, including those run by the Catholic Church. Altogether, they represent 17 per cent of all educational institutions in the country”.

However, a different kind of education, based on dialogue, must begin in school. “For young Christians and Muslims, it is essential to be immersed in an environment that teaches reciprocity, as well as respect for the natural dignity and freedom of every human being, whatever his or her religion,” Mgr Machado said. Without these values, “peace and harmony in society are in danger.”

For the archbishop of Vasai, Pakistan is an example not to be followed. In this country, “textbooks are biased. They emphasise only Islam and are full of one-sided information about other religions.”

Such a cultural background is what ultimately leads to blasphemy laws, “invoked by some groups in civil society to kill Christians,” which can be fought “only with the cooperation and help of enlightened Muslims and Christians.”

In India, Christian and Muslim Dalits (once called untouchables) suffer the worst kind of discrimination. As non-Hindus, they do not enjoy Scheduled Caste (SC) status, which has provided certain benefits and privileges to Hindus since 1950, including in the areas of education and public sector services and jobs. Later, the same privileges were extended to Sikhs and Buddhists.

The Catholic Church, the bishop explained, “has made interfaith dialogue a mandatory path for its members.” However, “so far this attention towards others is one-sided”.

“With generosity, we have placed all of our resources at the disposal of all communities, regardless of religion. But our Muslim brothers must use their own tools for the good of all and for building the nation. ”

This is “the practical implication of ‘Working together to serve others’,” he said. “It is seeking lifelong dialogue and partnership. Together we can do good for our society as a whole.”

Supreme Court removes CBI chief Ranjit Sinha from 2G scam probe

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Supreme Court India

New Delhi/Agencies: The Supreme Court on Thursday removed CBI Director Ranjit Sinha from 2G case investigation.

CBI’s senior most officer will now oversee 2G probe after removal of Sinha from the case.

“We direct Ranjit Sinha not to interfere in the 2G probe,” the apex court said, adding that his subordinate could take over the investigation into alleged illegal allocations of second-generation airwaves for mobile connectivity by the previous UPA government.

“We are not giving detailed, elaborate orders to protect the fair name of the institution and reputation of the CBI,” the Supreme Court said in its observations on India’s premier investigating agency. Sinha is to retire from his post on December 2 this year.

The apex court verdict is based on a petition filed by senior lawyer and Aam Aadmi Party leader Prashant Bhushan that alleges that Sinha tried to help those being investigated for serious criminal charges in the 2G scam. The apex court observed that apparently “all is not well” within the CBI and seemingly, the allegations made by an NGO against Director Ranjit Sinha have “some credibility”.

“For us, it appears that all is not well and prima facie it seemss that allegations made in the application by the NGO has some credibility,” the apex court said while hearing the case related to allegations by the Centre for Public Interest Litigation that Sinha might have tried to save some accused in 2G spectrum scam.

Meanwhile, the apex court pulled up joint director Ashok Tiwari after he put forward his view on allegations against Sinha.

“You are not agents of CBI director. You can’t be his mouth piece,” SC said.

BJP leaders detained while trying to hold protest on Vidhana Soudha premises

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Vidhana Soudha

Bengaluru: Several Bharatiya Janata Party (BJP) activists led by BJP state president Pralhad Joshi were detained by the police as they tried to hold a protest in front of Mahatma Gandhi statue on Vidhana Soudha premises here on Thursday.

Leaders including former chief ministers B.S. Yeddyurappa and Jagadeesh Shettar and former ministers K.S. Eshwarappa, Shobha Karandlaje, Suresh Kumar and others stormed the Vidhana Soudha premises demanding that all “tainted” ministers be dropped from the cabinet, beside a host of other demands.

Tension prevailed on the premises and there was exchange of words between the police and the leaders, as the former refused to allow leaders to hold a protest in front of the statue. While Karandlaje, who was successful in reaching the statue, was arrested there, the other leaders were detained as soon as they entered the Vidhana Soudha premises through the East Gate.

Joshi said that stopping them from holding a peaceful protest amounted to “curbing the rights of legislators.” He said that they would hold another protest on December 2 and a rally at Belagavi during legislature session there beginning on December 9.

(With inputs from The Hindu)

Anointment ceremony of Imam Bukhari's son illegal: Delhi High Court

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Pakistani Prime Minister Nawaz Sharif waves as he walks with Syed Ahmed Bukhari, the Shahi Imam of the Jama Masjid, during his visit to in New Delhi on May 27, 2014. -AFP/File Photo

Pakistani Prime Minister Nawaz Sharif waves as he walks with Syed Ahmed Bukhari, the Shahi Imam of the Jama Masjid, during his visit to in New Delhi on May 27, 2014. AFP/File Photo

New Delhi: The central government and Wakf Board Thursday told the Delhi High Court that the anointment ceremony of Jama Masjid Shahi Imam’s son as the Naib Imam (deputy Imam) was “illegal” and has no legal sanctity.

A division bench of Chief Justice G. Rohini and Justice R.S. Endlaw was told by the Delhi Wakf Board that it has not given any legal sanctity on appointment of Imam and will soon hold a meeting in this regard.

The anointment ceremony is scheduled for Nov 22. The court after hearing the arguments reserved its order and will pass an order later in the day.

The court was hearing three public interest litigations (PILs) filed that said Jama Masjid is a property of the Delhi Wakf Board and Maulana Syed Ahmed Bukhari (Shahi Imam) as its employee cannot appoint his son as Naib Imam.

During Wednesday’s hearing counsel for Archaeological Survey of India and the central government told the court that Jama Masjid is a historical monument and it has to be decided how rule of primogeniture will apply on succession of Imam or chief cleric.

The pleas said Bukhari’s decision to anoint his 19-year-old son Shaban Bukhari, as the Naib Imam or the deputy Imam was wrong as there is no provision under the Wakf Act for hereditary appointment of the Imam.

“Despite knowing that the Imam is an employee of the Wakf Board and it’s the board which has the right to appoint an Imam, he (Bukhari) has declared his 19-year-old son to be a Naib Imam and is holding a dastar bandi ceremony for the purpose, which is purely anti-Islamic,” the pleas said.

Jama Masjid is India’s largest mosque built during the Mughal era. Besides, the PILs asked the court to declare invalid the appointment of Bukhari as the Shahi Imam of Jama Masjid.

The pleas also alleged that there is a “complete anarchy and misuse of power” by the Shahi Imam of the Jama Masjid.

Bukhari recently sparked off a controversy by announcing that he has invited Pakistan Prime Minister Nawaz Sharif for the ceremony of anointing his son as the deputy Imam but did not feel the need to invite Prime Minister Narendra Modi.

(IANS)

Another racist attack in Bengaluru; Manipuri youth beaten up by three men​

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North East Racism

Bengaluru: In yet another incident of a racist attack, a 25-year-old Manipuri youth was allegedly attacked by three people here, reports said on Thursday.

The youth from the northeast state has registered a complaint with the police. The 25-year-old, who was badly injured has been hospitalised.

The latest incident comes a month after, three students from the northeast were beaten in October in the city for not speaking Kannada.

Bengaluru is home to around 240,000 people from the northeast. In 2012, a rumour that they will be attacked had led to a mass exodus before things were brought under control by the state government.

In a similar incident, three students, including a girl, belonging to the northeast region, were allegedly beaten up by some residents of Lajpat Nagar area of Delhi in the month of October.

According to police, the three youths are residents of Assam and are pursuing a course in photography. The incident took place when they were taking photographs in the city’s Prakash Colony.

Pankaj Advani, Vidya Pillai advance in World Snooker

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Pankaj Advani and Vidya Pillai won their respective opening league matches as the Seaways-IBSF World Snooker Championship commenced on Wednesday.

Pankaj Advani and Vidya Pillai won their respective opening league matches as the Seaways-IBSF World Snooker Championship commenced on Wednesday.

Bengaluru: Indian hopes Pankaj Advani and Vidya Pillai won their respective opening league matches as the Seaways-IBSF World Snooker Championship commenced here Wednesday.
Advani, holder of 12 World titles, was kept at the table for longer than expected before he pulled through 4-2 against Malaysia’s Keen Hoo Moh while national champion Pillai shrugged off a scratchy start to blank Russian challenger Anastasjia Singurindi 3-0 with a break of 49 in the third frame.

The 29-year-old Advani, champion in 2003 and runner-up in 2010, jumped to a 2-0 lead with breaks of 60 and 85, but lost focus to allow the Malaysian catch up at 2-2 before taking the next two frames to win the match.

“I started well, but I think I lost a bit of focus when leading 2-0. Keen is a tactical player and it was a tough match. I should have won 4-1, but will take the 4-2 result.

“I am happy to get the first match out of the way and yes, it was in a way good to spend more time at the table, but it was a wake-up call for me. I need to improve on my safety play which I was not happy with today,” said Advani after playing his first competitive snooker match in five months.

Pillai, twice bronze medallist in this tournament, was never really troubled by her young Russian opponent who appeared all at sea for the best part of the match, but the Indian champion took a while to settle down as she missed some sitters while looking ill at ease.

The 36-year-old Pillai, however, struck some rhythm in the third frame when she posted a break of 49 that ended when she missed a centre-pocket pink, but the run was enough to win her the frame and match.

“I was not too happy with my performance, even granting it was my first match. It will take a couple of more matches to get used to the conditions, but anyway, it’s a relief to win the first match and I hope to improve as the tournament progresses,” said Pillai.

Elsewhere, China’s 14-year-old prodigy Yan Bingtao eased past Jim Johansson of Sweden 4-1 to start his campaign in the Men’s section in fine fashion.

Though the teenager did not dish out big breaks, he gave a glimpse of his talent and potential that suggested he would go far in this tournament.

(IANS)

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