Thursday, 19 April 2018

19 April ND: Judge Loya case: SC rejects probe demand into his death, says petitioners tried to ‘scandalise’ judiciary/ NCMEI has original jurisdiction to decide minority status of educational institutions: SC


NEWS DIGEST, MID-DAY  
19 April 2018:02 Shaban 1439:Vol:10, No:02
INDIA
Judge Loya case: SC rejects probe demand into his death, says petitioners tried to ‘scandalise’ judiciary
The Supreme Court on Thursday dismissed petitions seeking an independent probe into the death of special CBI judge Brijmohan Harikishan Loya. The top court, ruling that the death was due to “natural causes”, observed that the petitioners tried to scandalise the judiciary. A 3-judge bench, headed by CJI Dipak Misra and comprising Justices A M Khanwilkar and DY Chandrachud, pronounced its verdict after hearing a clutch of petitions.Records show that Loya died of a heart attack in Nagpur, Maharashtra, on Dec.1, 2014. The petitioners, however, had moved the top court alleging he died under “mysterious” circumstances. At the time of his death in 2014, he was hearing the Sohrabuddin Sheikh “fake encounter” case, in which BJP president Amit Shah was named an accused. Shah was later acquitted in the case.There were heated exchanges between the counsels for the petitioners and the state of Maharashtra during the hearing. While the petitioners raised questions on the circumstances surrounding Loya’s death, the state had called the claims motivated.The Supreme Court, in its judgment, said there were increasing instances of PILs being misused and referred to the present petitions as a case in point. It added that courts should not be a venue to settle political scores. It noted that even the two judges of the SC bench which heard the petitions were not spared by the petitioners.The Supreme Court said it has no reason to disbelieve the words of the four judicial officers whose statements were recorded during a discreet inquiry conducted as part of the Judge Loya case. It also thrashed the theory that the Judge did not stay at Ravi Bhavan. The Supreme Court has said the petitions seeking a probe into Loya's death were a “veiled attempt to launch a frontal attack on the independence of judiciary”. It added that the petitioners’ conduct prima-facie constitutes criminal contempt. The bench, however, said it was sparing them of any contempt action.Congress says the Supreme Court's judgment will raise more questions. Congress spokesperson Abhishek Singhvi tweets, "Dispassionate analysis of Loya judgement must await its full reasoning. But unless logical reasons found in it, it will raise more questions and leave many unanswered."Tehseen Poonawalla, an activist, outside the Supreme Court on Thursday. He is one of the petitioners who moved the top court seeking an independent probe into the death of Judge B H Loya. Ahead of the verdict, he had tweeted, "Pls remember we are not fighting for an individual named Loya we are fighting for an institution called #Judge."Senior advocate Prashant Bhushan calls the SC order very unfortunate. He adds that it is unfortunate that the court is believing four judicial officers who had not signed affidavits. Bhushan had alleged foul play in the death of the Judge.indianexpress
Judge Loya case: Petitions for death probe veiled attempt to attack judiciary, says SC
National panel for Minority Educational Institutions has original jurisdiction to decide minority status of existing educational institutions: SC
The Supreme Court has ruled that National Commission for Minority Educational Institutions (Minority Commission) has original jurisdiction to decide on the minority status of an existing educational institution. The judgment rendered by Justices AK Goel and Rohinton Nariman thereby overturned the decision of the Calcutta High Court in this regard.The Calcutta High Court had held that the jurisdiction of Minority Commission was limited to hearing appeals against the decision taken by the “competent authority” under the National Commission for Minority Educational Institutions Act, 2004.It was the High Court’s reasoning that the Act does not provide for a mechanism where the Minority Commission can grant declaration of minority status and will have power to hear appeal against orders of the competent authority. This, the High Court had held, would result in two fora having original jurisdiction. This decision has now been set aside by the Supreme Court.It held that the Section 11(f) is a very wide provision which empowers Minority Commission to decide all questions relating to the status of an institution as a minority institution.“Section 11(f) is a very wide provision which empowers the NCMEI to decide all questions relating to the status of an institution as a minority educational institution and to declare its status as such. The expression “all questions” as well as the expression “relating to”, which are words of wide import, clothe the NCMEI with the power to decide any question”However, one power was carved out from the ambit of Minority commission and vested in Competent Authority by Section 10(1) – the power to grant of a no objection certificate to a minority educational institution at its inception.Thus, the Court concluded that the power to grant a no-objection certificate to a new education institution is vested with the competent authority while for the declaration of status of an existing institution as a minority educational institution at any stage post establishment, the Minority Commission would have the power.“Thus, any person who desires to establish a minority educational institution after the Amendment Act of 2006 came into force, must apply only to the competent authority for the grant of a no objection certificate for the said purpose….On the other hand, for the declaration of its status as a minority educational institution at any stage post establishment, NCMEI would have the power to decide the question and declare such institution’s minority status.”barandbench
NCMEI can grant minority tag to education institutions: SC
Law commission set to examine Uniform Civil Code as Muslim leaders blast Modi govt
After preparing a draft working paper entitled Simultaneous Elections – Constitutional and Legal Perspective and considering that in its 14th meeting on Tuesday, the Law Commission of India is set to examine perhaps the most contentious social and political issue: Uniform Civil Code (UCC). The fact that in past month, the commission and law ministry issued three public notices on the UCC indicates that it is under active consideration.The latest public notice dated 10 April, issued by member secretary Dr Sanjay Singh says: “Law Commission of India is examining the subject matter of UCC. Commission requested individuals, organisations (governmental and non-governmental) to send their submissions in form of consultation, discussion, working papers on any of the issues pertaining to uniform civil code, except issue relating to triple talaq, which is pending before Parliament, through its public appeal dated 19 March, 2018. Further, the Supreme Court in case of Sameena Begum vs Union of India & others has admitted a petition pertaining to the prevalent practice of polygamy, Nikah Halala, Nikah Mutah and Nikah Misyar”.The commission said that since it is overwhelmed by the responses it received and continues to receive, it is extending dates for submission of suggestions for another 30 days:Until 6 May, 2018.When Firstpost spoke to commission secretary Dr Sanjay Singh, asking how long it would take for the commission to scrutinise the responses, and subsequently hold a meeting to prepare and consider a draft working paper on UCC, he said he could not give any further response and was "was not authorised to speak".It can be assumed that the commission would surely like to submit its final report or at least draft working paper on UCC before its term expires on 31 August.The timing of a possible note or report on the UCC coincides with the run-up to elections in three BJP ruled states: Rajasthan, Madhya Pradesh and Chhattisgarh.Various Muslim community leaders have been raising these issues openly on various forums, but a rally “Deen Bachao, Desh Bachao” (save religion, save nation) organised in Patna Gandhi Maidan should be mentioned. firstpost
Protest in Delhi over increase in rape cases, atrocities on Dalits, minorities
New Delhi:A protest march was organised in the national capital today against a host of issues including an increase in the number of rape cases and alleged atrocities on Dalits and minorities.The protest march began from the Mandi House and proceeded to the Parliament Street, partially affecting the traffic movement on the way.The protestors were mainly from political outfit 'Welfare Party'. The outfit said it had launched a nationwide agitation -- India for all Indians -- on April 1. And the agitation concluded today with the protest.Later, a public meeting was also held at the Parliament Street, where the outfit's leaders demanded for protection of women and strict penal action against those committing atrocities on women. According to a statement issued by the Welfare Party, representatives of several organisations such as the Peace Party, the BSP, the CPI (ML), the Indian National League and the Janata Dal (Secular) participated in the protest."An atmosphere of fear and mistrust is being created in the society," party's national president S Q R Ilyas told the gathering at the Parliament Street.PTI
W Bengal: Jamaat, SDPI cry foul at police action on protesters
Kozhikode: SDPI, the Jamaat-e-Islami Hind, and the PFI have criticised the State government over the action against those protesting against the rape and murder of a girl in Kathua and the decision to impose prohibitory orders in Kozhikode city.In a press release here on Thursday, Jamaat-e-Islami State general secretary M.K. Mohammedali accused the police of witch-hunting Muslims under the guise of action against those involved in violence as part of a hartal called my social media groups on Monday in protest against the Kathua incident. Though the investigating agencies could easily identify those who perpetrated violence, the police action branding people as terrorists was shrouded in mystery, he said. Mr. Mohammedali accused the police of registering cases related to disruption of communal harmony against people who were raising slogans against the Union government. Demanding that the government release the names of those involved in violence, he claimed that most of the protesters belonged to mainstream political parties such as the CPI(M), Congress, and the Indian Union Muslim League.
Mecca Masjid blast acquittals: Will provide legal assistance if family of victims want to appeal verdict, says Owaisi
New Delhi:Asaduddin Owaisi on Wednesday said that if family members of the Mecca Masjid blast victims wanted to contest the verdict, he would provide legal assistance. “If the family of any victim wants to appeal against the verdict, then I am ready to provide them legal help. People call NIA a caged parrot, but I will say that it is blind and deaf also,” news agency ANI quoted the Hyderabad MP as saying.A special court had on Monday acquitted right-wing Hindu group members in the 2007 blast case that left nine persons dead and at least 58 injured. The court held that the prosecution failed to provide evidence against the accused. Reacting to the acquittals, Owaisi had then tweeted: “Witnesses turned hostile after June 2014. They could not give proper statements, so everything was done to fail the victims upshot. Our fight against terrorism is weakened after today’s acquittals.” Owaisi added that the investigation was biased and NIA was not allowed to pursue the case by its political masters.indianexpress
Owaisi contrasts NIA role in Dilsukhnagar and Mecca masjid blasts
Centre using NIA, others for its gains:Mayawati
LUCKNOW: Reacting to the Mecca Masjid blast judgement, BSP chief Mayawati said the BJP was using central investigation agencies for political gains and leading to a 'jungle raj' in the country. Under this policy of the government, BJP's various state governments, including in UP, were trying to take back cases against its own members, she said.TOI
Kapil Sibal sarcasm over verdict, Mamata shocked by judge move
CPI-M demands NIA file appeal in Mecca Masjid acquittals
100 Muslim youths found innocent in 2007 Macca Masjid blast case
Hyderabad: As many as 100 Muslim youth were lodged in prison for months together soon after Macca Masjid bomb blast in May 2007 by SIT constituted by the then city police commissioner Balwinder Singh to probe into the case. SIT headed by H. K. Gupta, the then joint commissioner of police of the city, picked up scores of Muslim youth based on suspicion and booked cases against nearly 100 youngsters, including a medico, and remanded them to judicial custody by booking a case against them under various Sections of the IPC and the Arms and Explosives Act. deccanchronicle
Mecca Masjid blast: Verdict major blow in fight against terrorism, says Muslim organisations
Hyderabad:Several Muslim organisations and various political parties expressed dismay over the acquittal of five persons who were accused in the Macca Masjid blast case here. Majlis Bachao Tahreek (MBT) described it as a major blow to the fight against terrorism. MBT spokesperson Amjadullah Khan said that the acquittal in Macca Masjid blast case clearly proves the lenient attitude of the BJP government at the Centre and TRS government in Telangana in pursuing the cases of ‘Saffron Terrorism.’ Tehreek Muslim Shabban president Mohd Mustaq Malik said that from the beginning, the case was not investigated thoroughly. Jamaat –e- Islami, Telangana and Odisha president Hamed Mohd Khan said that the investigation officials, who had shown leniency in carrying out the probe, should be made accountable for not delivering justice. “Now the question arises as to who had carried out the blast when two sets of people were acquitted by the court?” he asked.DC
Jharkhand: man near-lynched for serving ‘banned meat’ at wedding reception, 30 houses ransacked
Ranchi: Alleging consumption of beef (cow meat) at a wedding reception, a mob of hundreds of people attacked a locality of a particular community in Koderma district of Jharkhand on Tuesday. The mob brutally assaulted several people, including the father of the groom, barged into dozens of houses and ransacked them. The attack took place in the presence of a police team that had already reached the village to probe the beef consumption charge. At least half a dozen attackers were caught red-hand by the police. On Monday, there was a wedding reception in the Nawadih village under Domchanch Police station in the Koderma district. Tuesday morning, some villagers reportedly found bones and remains of the banned meat in the field behind the house of a villager identified as Israel Ansari. A team of the local police reached the village and began investigation. But even as the police was carrying probe, says a report in a local Hindi daily Prabhat Khabar, a mob of hundreds of people emerged and began ransacking the houses of a particular community.The mob barged into 30 houses and ransacked them. They destroyed 17 bikes, one Bolero, one car and two tempos. Besides, a religious place was also attacked and some religious books were burnt.caravandaily
Jharkhand: Fringe group attacks Muslim on suspicion of serving cow meat
BJP youth wing ‘member’ claims burning of Rohingya refugee camp in Delhi; Muslim leader demands probe
New Delhi: An alleged member of BJP’s youth wing has gone on Twitter claiming that he burnt the camp of Rohingya refugees on the Delhi-Noida border in the wee hours of Sunday (15 April). Around 200 people, most of them women and children were thrown under the open sky after the destruction of the camp and their belongings in the fire.Navaid Hamid, President, All India Muslim Majlis-e Mushawarat has forwarded the tweet of Manish Chandela to the Delhi Police and Prime Minister’s Office seeking probe and action. Hamid has identified Chandela as a member of BJYM (Bharatiya Janata Yuva Morcha), the youth wing of the ruling BJP.The camp was gutted in the fire around 3 AM on Sunday in Kalindi Kunj area in South Delhi. At 1:16 PM the same day, Chandela, who uses twitter handle @CHANDELA_BJYM, tweeted: “Yes, we burnt the houses of Rohingya terrorists”.caravandaily
Rape crisis: Muslims flee from Rasana village
Rasana: There are no Muslims left in the village of Rasana, which has become a symbol of India’s rape crisis after the brutal murder of an eight-year-old Muslim girl blamed on Hindu men. Police say the girl was raped and killed as part of an attempt by some of the village’s majority Hindus to evict Bakarwal Muslim nomads, who graze their cattle in the hills in the summer months.It seems to have worked: the girl’s family have headed for the Kashmir hills under police protection. Other Muslim families in the community of around 100 people all left after the rape in January. At the empty home of the dead girl’s family, five armed police kept guard half asleep in chairs outside. Police say the child was drugged, held captive in a Hindu temple for five days, and repeatedly raped before being beaten to death.Her anonymous grave in orange earth partially covered by weeds is in a nearby village in Kathua district, about 60 kilometres (40 miles) from the region’s main city Jammu. Media reports said Hindus in Rasana refused to allow the girl to be buried there. Jammu and Kashmir is India’s only Muslim-majority state, but the Jammu region in the south is dominated by Hindus.siasat/ AFP
Kathua gangrape & murder: 12 students injured in clashes during protest in Kashmir
Srinagar:Clashes erupted in Kashmir as students from various colleges and educational institutions took out protests demanding justice for the eight-year-old girl, who was raped and killed in J&K’s Kathua. Over a dozen students who were demanding severe punishment for the guilty were injured in the clashes during the protests. The protests took place despite several educational institutions being shut as the government feared widespread protests. On Wednesday, clashes broke out in north Kashmir’s Baramulla when students took out a demonstration. Around a dozen students were injured in clashes between police and the students in south Kashmir’s Awantipora, Anantnag and Pulwama. Police spokesman, however, said that only two protesters and two policemen were injured in the clashes.indianexpress
Delhi HC asks media houses to pay penalty for revealing Kathua victim’s identity
NEW DELHI:Some media houses, which had revealed the identity of the eight-year-old who was allegedly gang-raped and murdered in Kathua district of Jammu and Kashmir, were directed by the Delhi High Court on Wednesday to deposit ₹10 lakh as penalty towards the State's rape victims compensation funds.Last week, a Bench of Acting Chief Justice Gita Mittal and Justice C. Hari Shankar took suo motu cognisance of the publication of photographs and the name of the child during the reportage of the alleged incident.thehindu
Don’t politicise rape, says PM Narendra Modi in UK
London: The Kathua rape murder case echoed at PM Narendra Modi’s public programme here on Wednesday when he said there should be no politics over rape.He added that the recent incidents of sexual assault were a shame for the country. “A rape is a rape. How can we tolerate this exploitation of our daughters? But can we compare the number of rapes in different govts? We can’t say there were this many rapes in our government and that many in yours. There cannot be a worse way to deal with this issue,” Modi told the Indian diaspora at an event, Bharat Ki Baat, Sabke Saath, where he referred to the Kathua victim as the “eight-year-old-girl”.toi
MHA report: 166% increase in fatalities to civilians in Jammu & Kashmir in 2017
New Delhi:More fatalities to civilians due to militancy were reported in Jammu and Kashmir in 2017 compared to 2016, said the Ministry of Home Affairs in its annual report on Wednesday. The report said that 166 per cent more civilian fatalities was recorded, while there was a 42 per cent rise in number of terrorists neutralised in 2017, compared to the previous year. “The year 2017 also witnessed a 6.21 per cent increase and 166.66 per cent increase in the number of terrorists incidents and fatalities of civilians, respectively, in comparison to the corresponding period of 2016,” report said.indianexpress
Ishrat Jahan encounter: Will continue father-in-law’s legal fight, says Pranesh’s wife
he widow of Pranesh Kumar alias Javed Sheikh, who was killed with Ishrat Jahan in an alleged fake encounter in 2004, has said that she would take forward the legal battle of her father-in-law Gopinatha Pillai.Pillai, 77, died last Friday in a Kochi hospital after suffering injuries in a road accident on Wednesday. After the alleged fake encounter, Pillai had joined Jahan’s mother in fighting the case in the Supreme Court.Pranesh’s wife Sajida, who now lives in Pune with her two sons and a daughter, said, “I would carry forward the legal battle of my father-in-law, who wanted to see those behind his son’s killing punished. When he was alive, he used to tell me that if anything happens to him… I should be there to handle the cases. He had discussed everything about the issue with me,” said Sajida, a school teacher.Sajida said they do not suspect any foul play in Pillai’s accident. “It was a road accident. We don’t find any external factor in it,” she said.indianexpress
Wagamon SIMI camp case: Trial concludes, verdict likely by mid-May
Kochi: 38 accused. 79 witnesses. Over a year of judicial process. The trial of 2007's Wagamon SIMI camp case, which began in 2017, wrapped up at the NIA Court here on Wednesday.NIA Judge Kauser Edappagath completed the final hearing and posted the case on April 23. Though the court did not announce the date for the verdict, an NIA officer said it is expected before May 15. The trial commenced after NIA chargesheeted 38 persons involved in organising and participating in the armed training camp held at Thangalpara in Wagamon from Dec.10 to Dec.12, 2007. This was the first case in the state in which the trial was conducted via video-conferencing, by connecting the NIA Court here with jails in Bhopal, New Delhi, Bengaluru and Ahmedabad, where the accused were lodged. newindianexpress
WORLD
Chemical weapons watchdog : Fact-finding team still outside Syria's Douma
Inspectors from the global chemical weapons watchdog have not been able to enter Syria's Douma to examine the site of a suspected gas attack, the organisation said, dismissing an earlier report circulated by Syrian state-run media.The Organisation for Prohibition of Chemical Weapons (OPCW) said on Wednesday that United Nations security officials entered the town on Tuesday to survey the area where its fact-finding mission was supposed to probe allegations of a chemical weapons attack carried out by government forces on April 7.But the UN Department of Safety and Security (UNDSS) team came under small arms fire, and an explosive device was detonated nearby during their stop at the second of the two sites that they visited, the OPCW said in a statement.At the first site, the officials had to withdraw because a large crowd gathered there, raising security concerns. There were no injuries, and the UN team returned to Syria's capital, Damascus.aljazeera
Russia rejects UN resolution for independent Douma investigation
Russia has rejected France's proposal at a UNSC meeting that called for the launch of an independent investigation over an alleged chemical attack that struck the former rebel-held town of Douma in Syria's Eastern Ghouta.The rejection on Tuesday came during the sixth UNSC emergency meeting on Syria since the suspected chemical attack claimed the lives of at least 85 people on April 7, according to medical personnel.The alleged attack was met with "triple assaults" by the US, France and UK, through coordinated strikes on three presumed chemical facilities run the government.aljazeera

Syrian opposition: replacing US forces in Syria with Arab troops will start war with Iran
Syrian opposition leader, Michel Kilo has warned that replacing US troops in Syria with Arab forces could lead to a long-term Arab-Iranian war on Syrian soil.Speaking in an interview with Quds Press, Kilo stressed that solving the Syrian crisis can only be achieved through international understanding.“Syria is now divided, the Americans control 28 percent, the Russians control 40 percent, the Turks 10 percent, and all of them have large forces in Syria. Therefore reaching a solution can only be achieved through an international understanding that can ensure the implementation of any agreement reached” he said.He added that “talking about any role for the Syrian regime President, Bashar al-Assad, in Syria future has no meaning” stressing that no one can imagine keeping him as president after he had killed about one million Syrians and displaced more than half of his people.middleeastmonitor
Qatari forces participate in Gulf shield drill in Saudi
The Qatari armed forces have participated in the "Joint Gulf Shield 1" Drill in the Kingdom of Saudi Arabia, Qatar News Agency said.The military drill was conducted in the town of Ras Al Khair, north of Jubail city in the eastern region of the kingdom, from March 21 to April 16, QNA quoted the defence ministry as saying.A number of officers from the Qatari Armed Forces, led by Brigadier General Khamis Mohamed Deblan, participated in the exercise, along with land, sea and air forces from 25 other countries.aljazeera
Court sentences Brotherhood’s Beltagy to one year in prison
The Cairo Criminal Court has sentenced the Muslim Brotherhood’s Mohamed El-Beltagy to one year in prison for obstructing court proceedings. The former MP was accused of causing a disturbance during the court’s hearing of the defence argument in a case in which he and another 738 Muslim Brotherhood members are the defendants. Its  General Guide, Mohammed Badie, is among those listed as defendants in the case, as are senior officials Issam El-Erian, Issam Mageed, Abdul Rahman Al-Barr, Safwat Hijazi, Usama Yassin, Issam Sultan, Basem Odeh, Wagdy Ghoneim and Osama Morsi, son of ousted President Mohamed Morsi.MEMO
Iran to replace US dllar with euro in financial reports
Tehran, The govt of Iran has announced plans to replace the US dollar with the euro in official financial reporting, according to state-run media.The move on Wednesday is seen as part of efforts to circumvent restrictions on accessing US currency amid tensions with Washington, as well as prevent market instability generated due to fluctuations in value of rial against dollar.aljazeera
Erdogan calls for snap elections on June 24
Turkish President Recep Tayyip Erdogan has called for snap parliamentary and presidential elections to be held on June 24, more than a year earlier than planned.In an address at his presidential palace on Wednesday, Erdogan said the country urgently needed to make the switch to an executive presidency.The date will still need to be confirmed by the election commission, he said, but preparations would begin.His comments came after meeting Devlet Bahceli, head of the Nationalist Movement Party (MHP), who, a day earlier, had floated the prospect of early polls.The parliamentary and presidential polls had previously been slated for November 2019.The call for an early election comes as nationalist sentiment is running high over Turkey's recent military operation in Syria that pushed Syrian Kurdish forces from a northern enclave.aljazeera
Catholic cardinal meets Saudi king in historic visit to Riyadh
Saudi Arabia's King Salman has met French cardinal Jean-Louis Tauran during the first visit to the kingdom by such a senior Catholic authority, according to Saudi state-run media.It followed a flurry of similar gatherings between senior Saudi figures and representatives of other Christian traditions in recent months.The kingdom hosts Islam's holiest sites but bans the practice of other faiths.aljazeera
FLASH: VIEWS & NEWS
An ordinance to overturn the SC order on SC/ST Atrocities Act is much needed:Faizan Mustafa
Mecca Masjid blast case: Cloud over NIA judge linked to his ‘hasty’ bail order in land dispute case:Sreenivas Janyala
Experts in US expose EVM vote theft techniques MALA JAY

Compiled and edited by Anwarulhaq (Released at: 12:49 PM)

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