Monthly Archives: MARCH 2017


Triple Talaq Important, Will Hear It During Summer Vacation: Supreme Court
30.03.17 - team pt
Triple Talaq Important, Will Hear It During Summer Vacation: Supreme Court



A decision on the legality of triple talaq - the practice of Muslim men to divorce their wives by saying talaq thrice, is crucial and a five-judge Constitution Bench will sit during the summer vacation to examine the issue, the Supreme Court said today.
 
The Supreme Court will begin hearing the triple talaq case on May 11. All the parties have to file their replies within two weeks on the matter in the apex court.
 
Chief Justice of India Justice JS Khehar has said that the Supreme Court is ready to give up the summer vacation to hear the issue of triple talaq.

Justice Khehar called the matter as "issue of grave importance". The Supreme Court is ready to sit even on Saturdays and Sundays to hear the matter, Justice Khehar today said.
 
When senior advocates -- including former law minister Kapil Sibal -- objected to the top court's benches working during the summer vacation, Chief Justice Khehar said, "There are three important issues we are taking up during the vacation. These are matters pending and if you don't want us to take them up, then don't say huge pendency of cases in the Supreme Court."

"If we don't take up these cases, they will be pending for years," the Chief Justice added.

Justice Khehar put the ball in the Modi government's court saying, "It is for the Centre to decide if they can cooperate."
 
A bunch of petitions had been filed in the top court opposing triple talaq after women complained of being divorced on Facebook and WhatsApp. But the court has said instead of looking at individual cases, it would take a call on whether practices like triple talaq and polygamy which violate women's rights can be upheld under the right to religion. Whether the law should be changed thereafter, by measures such as the uniform civil code, will be left to the legislature, the court had said.

The apex court had earlier said it would decide issues pertaining to "legal" aspects of the practices of triple talaq, 'nikah halala' and polygamy among Muslims and would not deal with the question whether divorce under Muslim law needs to be supervised by courts as it falls under the legislative domain.
 
On March 27, the All India Muslim Personal Law Board (AIMPLB) told the Supreme Court that the pleas challenging such practices among Muslims were not maintainable as the issues fell outside the realm of judiciary.

The Board had also said that the validity of Mohammedan Law, founded essentially on the Holy Quran and sources based on it, cannot be tested on the particular provisions of the Constitution. It had said there was a need for "judicial restraint" before going into constitutional interpretation of these unless such an exercise becomes unavoidable.

While triple talaq allows Muslim men get instant divorce by saying "talaq" three times, nikah halala bars a man from remarrying his divorced wife unless she consummates her marriage with another man, and her new husband dies or divorces her.




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Delhi HC orders retrial in five 1984 anti-Sikh riots cases
29.03.17 - team pt
Delhi HC orders retrial in five 1984 anti-Sikh riots cases



The Delhi High Court on Wednesday ordered retrial in five 1984 anti-Sikh riots cases in which all the accused were acquitted in 1986.
 
A bench of Justices Gita Mittal and Anu Malhotra also issued showcause notices to all the accused asking why the case against them not be retried.
 
According to PTI reports, the suo motu directions to reopen the cases were issued after perusing the trial court records regarding the acquittal in those cases.
 
The trial court records were placed before the high court by the CBI during hearing of another 1984 riot case in which the acquittal of Congress leader Sajjan Kumar has been challenged by the agency.
 
While going through the records, the bench observed that neither the witnesses nor the complainant were examined properly by the trial courts and the matter was decided in a "hurry".
 
It directed Delhi Police to investigate the matter and fixed the matter for April 20, asking the complainants to appear before the court.
 
The bench issued notice to various accused, including ex-councillor Balwan Khokkar, former MLA Mahender Yadav and Ved Prakash.
 
It noted that in some cases complaintants were not issued summons and in the rest, the summons were sent to the addresses where houses were burnt during riots and therefore, could not be served.
 
The riots broke out on November 1, 1984 after the assassination of then Prime Minister Indira Gandhi.




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SC directs all HCs to install cameras in Distt Courts on experimental basis
28.03.17 - team pt
SC directs all HCs to install cameras in Distt Courts on experimental basis



NEW DELHI: In a fresh bid to ensure judicial accountability, the Supreme Court has decided to test the waters for allowing cameras in court rooms.

A bench comprising justices Adarsh Kumar Goel and U.U. Lalit directed all 24 high courts to install cameras in at least two district courts. The cameras will be placed within the courtrooms as well as in strategic places in court complex including in chambers of judges.

According to Apurva Vishwanath's report in livemint.com, the high courts will have to submit a report of the experiment after a month. The case will be heard next on 9 August. However, the order states that audio will not be recorded at this stage and the footage will not be made available under the Right to Information Act.

Earlier, the court had appointed senior advocate R. Venkataramani as amicus curie (Latin for friend of the court) to visit the court complex in Gurugram and submit a report.

The court’s move comes after several public interest litigation cases seeking telecast of court proceedings have been dismissed. In 2015, a three-judge bench headed by former Chief Justice of India H.L Dattu had also declined to allow CCTVs in court rooms.

Even the e-committee of the apex court had turned down a proposal to record court proceedings.

The government has, however, toyed with this idea to ensure transparency in spite of the court’s resistance. Advisory Council of the National Mission for Justice Delivery and Legal Reforms, a committee under the ministry of law had made a second reference to the apex court’s e-committee in 2015.

The proposal was made after the Union cabinet approved the second phase of the e-courts project. Under the first phase, computerization of courts was taken up.

Currently, the Supreme Court of the United States of America, the Australian supreme court among others telecast court proceedings. Recently in 2016, China joined the list.

The court’s ruling is surely the first step in adding India to the list.
(Courtesy: Livemint)




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Who will be India's next President? Shiv Sena picks RSS chief Mohan Bhagwat for top job
27.03.17 - TEAM PT
Who will be India's next President? Shiv Sena picks RSS chief Mohan Bhagwat for top job



Once again, the Shiv Sena has thrown a googly in the Presidential election poll highlighting the name of Rashtriya Swayamsevak Sangh (RSS) chief Mohan Bhagwat as a candidate for the President of India post.
 
The Shiv Sena on Monday said that Rashtriya Swayamsevak Sangh chief Mohan Bhagat’s name should be considered as the next President of India. The Presidential election is due in July.

Senior Shiv Sena leader and Rajya Sabha MP Sanjay Raut said that if the dream of a "Hindu Rashtra” (Hindu nation) has to be fulfilled, then Bhagwat should be made the President.

"A Hindutatvawadi (pro Hindu) leader is the Prime Minister of the country in the form of Narendra Modi. Recently, Yogi Adityanath, another Hindutatva leader, was made the Chief Minister of Uttar Pradesh. So, if the dream of a Hindu rashtra has to be fulfilled, then Bhagwat should be made the President,” Raut said.
 
Interestingly, senior BJP leader and former deputy prime minister Lal Krishna Advani and external affairs minister Sushma Swaraj are being talked about as the BJP's President of India candidates. There is word is that Nationalist Congress Party (NCP) chief Sharad Pawar is also in the race.
 
Asked if he will attend the dinner hosted by Prime Minister Narendra Modi to discuss the strategy for the Presidential polls, Raut parried a direct reply, saying sumptuous food is cooked at "Matoshree" (Uddhav Thackeray's residence in Mumbai) as well.

"In the last two Presidential polls, Balasaheb (Thackeray) had gone against the flow and done what was in the interest of the nation. Even then, the Presidential candidates had come to 'Matoshree' to discuss the elections," the Sena leader said.
 
President Pranab Mukherjee's tenure ends in July 2017 and the next president will take over charge from July onwards. Shiv Sena has 21 MPs (18 from Lok Sabha and three from Rajya Sabha) and 63 MLA’s from the state of Maharashtra, all of which takes the total value of votes at 25,893. This makes Shiv Sena vote important in the election of the next president.
 
Uddhav Thackeray-led Shiv Sena has a knack for not always voting the same way as rest of the BJP allies. In the past, it has voted for Congress-backed candidates--Pratibha Patil in 2007 and Pranab Mukherjee in 2012.




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Azam Khan demands nationwide ban on animal slaughter; 'Muslims should stop eating meat'
27.03.17 - team pt
Azam Khan demands nationwide ban on animal slaughter; 'Muslims should stop eating meat'



Demanding uniformity in laws, Samajwadi Party leader Azam Khan on Monday stated that there should be a nationwide ban on slaughter of animals.

A nine-time MLA and former minister in the Akhilesh Yadav government, Azam Khan has demanded a ban on cow slaughter all across India and has asked Muslims to stop eating beef. Azam Khan gave these statements while talking to CNN News 18 and questioned why cow slaughter is still legal in states like Kerala and West Bengal. "Cow slaughter should be banned across the country. Why is it so that it is legal in states like Kerala and West Bengal but not in other states,” he said.
 
Azam Khan’s response came after a large section of meat sellers from UP went on strike against the ban imposed by the Uttar Pradesh government. Azam Khan, however, questioned government’s logic behind the ban by saying, "So it means that it is ok if animals are butchered in legal slaughterhouses and not ok when the meet the same fate in an illegal place. This legal, illegal thing should stop. All slaughterhouses should be shut. No animal should be slaughtered.”
 
He added that many people of other religions like Jains don’t eat other animals like chicken and goat due to sensitive issues. Using it as an example, he added that if the Muslims stop eating beef it shouldn’t harm anyone as it is not written anywhere. "Ulema should appeal to the people that they should stop eating meat,” he added.
 
I appeal to the Muslim fraternity that they think upon it? It is not mandated in Islam that Muslims should eat meat. I appeal to the people that they should stop eating meat, he said.

Uttar Pradesh Minister Siddharth Nath Singh earlier in the day reiterated that the state government would only act against slaughterhouses that are illegal.

"We have assembled here to give a clarification that it is an investigation only against the illegal slaughterhouses. Those who have licenses have nothing to fear. They should continue following regulations," Singh told the media.

The minister further said it was also a message to the officers not to overstep their jurisdiction and the mandate given by the state government.

Singh also clarified that no orders have been issued by the government to close down shops selling chicken and eggs, urging the people not to believe such reports.

After coming to power, Yogi Adityanath-led government has ordered the closure of illegal slaughterhouses and strict enforcement of the ban on cow smuggling.

Adityanath earlier on Saturday said abattoirs operating legally will not be touched but action will be taken against those being run illegally.




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