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‘It’s a human issue’: SC stays Uttarakhand HC’s order for eviction of over 4k families 

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The Supreme Court on Thursday stayed the Uttarakhand High Court direction for eviction of over 4,000 families from the railway land in Haldwani in the state’s Nainital district.

A bench of Justices Sanjay Kishan Kaul and Abhay S. Oka said: “There is a human angle to it”, and added there cannot be uprooting of several thousand people in seven days.

The bench also noted that it may not be correct to say that paramilitary forces have to be deployed to remove people, who have been living there for many decades.

The top court stayed the high court’s direction for eviction of families within a week and that their houses be demolished. It observed that a large number of people cannot be uprooted by using force without examining their occupancy rights, and emphasised that alternate arrangements would have to be made before uprooting people.

The petitioners claimed they are poor people who have been lawful residents of Mohalla Nai Basti and Line No 17 & 18, Banbhulpura (Azad Nagar), Haldwani for more than 70 years.

The top court issued notice to the Uttarakhand government and the railways on a batch of petitions filed against the judgment passed by a division bench of the high court on December 20, 2022.

During the hearing, the top court asked the railways to find a practical solution to the issue and stressed that many of the occupants have been residing there for decades, claiming rights on the basis of leases and auction purchases.

The bench said, “There are two aspects of the issue. One, they claim leases. Two, they say people migrated after 1947 and the lands were auctioned.”

Justice Kaul said that there are establishments on the land in question and questioned, “how can you say in seven days clear them off?”

Justice Oka noted that the people have been staying there for 50 years. He further added: “How do you deal with the scenario of people who have purchased the land in auction. You may acquire the land and utilise…”

Additional Solicitor General Aishwarya Bhat, representing the Railways, submitted that the land belongs to the Railways and several orders for eviction have been passed under the Public Premises Act.

Advocate Prashant Bhushan, representing some of the petitioners, submitted that they were ex-parte orders passed during the Covid period. Bhati contended that the petitioners claim the land as their own and that they have not sought rehabilitation.

The bench pointed out that the high court passed the order without hearing the affected parties. It added, “Find out some solution. It is a human issue…”

Justice Kaul added that the human issue arises from long periods of occupation and maybe all of them cannot be painted with the same brush. “Maybe there are different categories… Somebody will have to verify the documents,” he said.

Senior advocate Siddharth Luthra submitted that many petitioners had government leases executed in their favour.

Bhati said the land is gateway to the state and critical for its development and proceedings under the Public Premises Act were initiated, and no stay was granted on it.

After staying the high court direction, the top court scheduled the matter for further hearing on February 7, and asked the state government and the railways to find a “practical solution”.

Senior advocates Salman Khurshid, Colin Gonsalves, Luthra and advocate Bhushan represented the petitioners in the matter. One of the petitions was filed ‘Jan Sahyog Sewa Samiti’ through its President Salim Saifi and others against the high court order.

The petitioners have claimed that they are in possession of valid documents that clearly establish title and valid occupation. Also, the names of the local residents have been recorded in the municipal records in the house tax register and they are paying the house tax regularly. They said there are five government schools, one hospital, and two overhead water tanks in the area.

National News

SC issues notice on Congress plea challenging amendments to Conduct of Election Rules

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New Delhi, Jan 15: The Supreme Court on Wednesday agreed to examine a plea filed by senior Congress leader Jairam Ramesh challenging the amendment to the Conduct of Election Rules, 1961, which restricts public access to election materials, such as CCTV footage unless explicitly listed by the Election Commission of India (ECI).

Issuing notice, a bench of CJI Sanjiv Khanna and Sanjay Kumar sought responses of the Union government and the ECI in the matter. The petition will be listed next for hearing in the week commencing March 17.

In his plea filed before the top court, the general secretary of the grand old party contended that the ECI cannot be allowed to unilaterally amend the 1961 Conduct of Election Rules in such a brazen manner and without public consultation.

“A Writ has just been filed in the Supreme Court challenging the recent amendments to the Conduct of Election Rules, 1961. The Election Commission, a Constitutional body, charged with the conduct of free and fair elections cannot be allowed to unilaterally, and without public consultation, amend such a vital law in such a brazen manner,” said Ramesh, in a post on social media platform X.

Ramesh, the Rajya Sabha MP, added that the amendment, introduced on December 21 following recommendations from the ECI, does away with “public access to essential information that makes the electoral process more transparent and accountable”.

“The integrity of the electoral process is fast eroding. Hopefully, the Supreme Court will help restore it,” he asserted.

The amendment was apparently seen as a reaction to a Punjab and Haryana High Court directive to provide CCTV footage of an election booth.

Earlier, Tamil Nadu Chief Minister M.K. Stalin strongly criticised the amendment and called it an undemocratic assault on free and fair elections. In a post on X, CM Stalin said that democracy was facing its gravest threat under the BJP-led Union Government.

Voicing his objections, he said, “Democracy is facing its gravest threat under the BJP-led Union Government, with the reckless amendment of Section 93(2)(a) of the Conduct of Election Rules designed to undermine transparency in elections.” CM Stalin added that the move undermines one of the Constitution’s fundamental features — transparency.

The Tamil Nadu Chief Minister called on all political parties, including those aligned with the Union Government, to unite against what he termed an undemocratic assault on free and fair elections.

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Maharashtra

Indian Railways Vande Bharat Sleeper Train Completes Trial Run Between Ahmedabad And Mumbai, Showcases Luxury Features

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The much-awaited Vande Bharat Sleeper train completed its trial run on Wednesday between Ahmedabad and Mumbai Central on Western Railway. ‘The prototype rake, designed to offer world-class comfort and convenience, reached Mumbai Central at 1:50 PM, where it was welcomed several railway officials and rail enthusiasts” said an official.

The train has dog boxes at both ends and ample linen storage for overnight journeys with 38 special berth for attendant. According to WR, the train features a sleek design and cutting-edge interiors, with amenities designed to enhance passenger comfort on long-distance journeys.

The 16-coach train includes 11 AC-3 tier coaches, 4 AC-2 tier coaches, and 1 First AC coach. Each coach boasts advanced features such as Type A and C charging ports, foldable snack tables, integrated lighting systems, and dedicated laptop charging points.

The train is also equipped with Braille navigation aids for visually impaired passengers, HL3 fire safety compliance, smooth gangway connectivity, and an additional berth for attendants, bringing the total to 38.

“The trial run was conducted at a speed of 130 kmph, and further analysis will be carried out by the Research Design and Standards Organisation (RDSO) before the final certification is issued” said an official.

Rail enthusiasts praised the train for its modern design and passenger-centric approach. “The interiors are on par with global standards, with spacious seating and thoughtful features like integrated lighting and foldable tables,” commented a enthusiasts.

This trial marks a significant step toward enhancing India’s rail travel experience. Once operational, the Vande Bharat Sleeper is expected to redefine overnight travel across major routes, catering to the growing demand for high-speed, luxury train services.

Highlights of the Train

First AC Coach: 24 berth

Second AC Coaches: 48 berth each.

Third AC Coaches: Five with 67 berth each and four with 55 berth each.

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‘BJP-RSS Leaders Did Not Have Any Role In Freedom Struggle’: KC Venugopal Amid Row Over ‘Indian State’ Remark

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New Delhi: A political slugfest has broken out between the leaders of the BJP and the Congress over the “Indian state” remarks of the leader of the Opposition Rahul Gandhi in the run-up to the Delhi assembly elections.

Notably, while inaugurating the party’s new headquarters ‘Indira Bhawan,’ hitting out at the BJP, Rahul Gandhi alleged that the Congress and other opposition parties were not just fighting the BJP but “the Indian state itself.” BJP hit back, accusing the Gandhi family of “dividing the country.”

Coming out in defence of Rahul Gandhi, Congress General Secretary KC Venugopal criticized BJP-RSS leaders for their lack of involvement in the freedom struggle, stating that Rahul Gandhi has attacked this sentiment and criticized their anti-national actions. The Congress party plans to take this issue to the people of the country.

He also criticised RSS Chief Mohan Bhagwat’s reported remarks about not considering August 15, 1947, as the day of independence. Venugopal emphasized that thousands of Indians sacrificed their lives for the country’s freedom, and Bhagwat’s statement undermines their contributions.

“Mohan Bhagwat’s statement is quite anti-national. You know thousands of Indians sacrificed their lives for the Indian freedom struggle. Mohan Bhagwat yesterday said that India did not gain independence in 1947. He has insulted the martyrs of the Indian freedom struggle including Mahatma Gandhi. It was an anti-national statement,” the Congress MP said.

The Congress MP alluded that Rahul Gandhi’s remarks were directed against RSS Chief. “Rahul Gandhi attacked this sentiment. BJP-RSS leaders did not have any role in the freedom struggle. Rahul Gandhi criticised their anti-national action. We will take this issue to the people of the country,” Venugopal said.

Rahul’s statement is now getting sharp criticism from BJP leaders.

Union Finance Minister Nirmala Sitharaman said in a post on X, “The LoP, who was sworn in by taking oath on the Constitution, is now saying, “We are now fighting the BJP, the RSS and the Indian State itself.” “So, @INCIndia and @RahulGandhi, what are you carrying a copy of the constitution for in your hand?,” she questioned in the post.

Responding to the statement Union Minister Hardeep Singh Puri asked Rahul to undergo a medical checkup. “Tell him to go get his mental stability checked,” said Puri.

Delhi BJP President Virendraa Sachdeva said, “Rahul Gandhi’s Congress is not working. Rahul Gandhi ruins Congress wherever he goes. He has already ruined Congress in Delhi. If corruption-free governance is needed in Delhi, then a double-engine government will be formed. BJP is coming to Delhi under the leadership of Prime Minister Narendra Modi.”

Rahul Gandhi’s remarks have now ignited an all-out fight with the BJP who has criticised the remarks. With campaigning for the Delhi election entering a decisive phase the fight is expected to get bitter. Delhi goes to polling on February 5 and the counting of votes will take place on February 8.

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