National News
Nupur Sharma case: Retired judges, bureaucrats term SC observations ‘unfortunate, unprecedented’
A group consisting of 15 retired judges of various high courts, 77 retired bureaucrats and 25 retired armed forces officers have issued an open statement saying that ‘unfortunate and unprecedented comments’ were made by a two-judge bench of the Supreme Court comprising Justices Surya Kant and Justice J.B. Pardiwala, while hearing a petition by former BJP spokesperson Nupur Sharma, which has sent shockwaves in the country and outside.
The statement said the observations, simultaneously relayed by all news channels in high decibel, are not in sync with judicial ethos and by no stretch these observations, which are not part of the judicial order, can be sanctified on the plank of judicial propriety and fairness.
“Such outrageous transgressions are without parallel in the annals of judiciary. Nupur Sharma sought access to the justice system before the highest court as that court alone could consider grant of relief being sought. The observations that have no connect jurisprudentially with the issue raised in the petition, transgressed in an unprecedented manner all canons of dispensation of justice,” said the statement.
It added that such observation, perceptionally there is virtual exoneration of the dastardliest beheading at Udaipur in broad daylight. “The observations also graduate to the most unjustifiable degree that this was only to fan an agenda… In the annals of judiciary, the unfortunate comments have no parallel and are an indelible scar on the justice system of the largest democracy,” said the three-page open statement.
The officers’ said Sharma was de facto denied access to the judiciary and in the process, there was an outrage on the Preamble, spirit and essence of the Constitution.
“The observations, judgmental in nature, on issues not before the court, are crucification of the essence and spirit of the Indian Constitution. Forcing a petitioner by such damning observations, pronouncing her guilty without trial, and denial of access to justice on issue raised in the petition, can never be a facet of a democratic society”, added the statement. Sharma had moved the top court seeking clubbing of FIRs, registered in various parts of the country, into one FIR at Delhi in the matter connected with her remarks against the Prophet Muhammed.
The statement said the allegations constitute only one offence for which separate prosecutions (FIRs) were launched and Article 20 (2) of the Constitution prohibits prosecution and punishment more than once for the same offence. “Article 20 falls under Part III of the Constitution and is a guaranteed fundamental right. The Supreme Court in a number of cases including Arnab Goswamy vs. Union of India (2020) and T.T. Anthony vs. State of Kerala clearly laid down the law that there can be no second FIR and consequently there can be no fresh investigation in respect to the second FIR on the same issue. Such an action is violative of fundamental rights as guaranteed under Article 20(2) of the Constitution”, it said.
“Such an approach of the Supreme Court deserves no applause and impacts the very sanctity and honour of the highest court of land”, it added.
The coordinators are Justice P.N. Ravindran former judge of Kerala High Court, and Anand Bose, former chief secretary, Kerala
International News
Bangladesh High Court orders high-level probe into power deals with Adani group amid supply cuts
Bangladesh’s High Court ordered the formation of a high-level enquiry committee comprising international energy and law experts to reevaluate all electricity-related agreements with the Adani group, The Business Standard, a local news portal, reported on Tuesday, November 19.
The bench of Justices Farah Mahbub and Debasish Roy Chowdhury has reportedly ordered the cabinet secretary to form the committee within a month and submit the report to the court in the next two months.
Adani Power shares closed 0.47 per cent lower at ₹524.10 on Tuesday’, compared to ₹526.60 at the previous market close.
The court, while hearing a petition, asked why instructions should not be given to cancel the uneven agreements made with the Adani group. It also asked for the documents related to the signing of the deal within a month.
Barrister M Abdul Qayyum, representing the petitioner, filed the writ in the High Court asking for the cancellation of all electricity deals with Adani group. Adani signed the 25-year power purchase agreement in 2017; at that time, no imported coal-based power plants were operational in Bangladesh, as per the report.
Adani’s Bangladesh power supply
Adani group’s Bangladesh power is supplied from Jharkhand’s 1,600 MW power plant. The cost of power is $0.1008 per unit or Tk12 per unit, a Bangladesh Power Development Board official was quoted as saying in the report.
This rate is 27 per cent higher than the rate of India’s other private producers and as much as 63 per cent more than the Indian state-owned plants.
After Adani Power cut the Bangladesh power supply by half over the unpaid dues, the company also set a deadline of November 7 to switch off the flow of electricity if there was no clarity on the settlement of the outstanding amount.
Bangladesh reportedly owes Adani almost $850 million. Adani group later clarified that it had not demanded the full payment in seven days, as per the report.
Shortage of Power
Bangladesh continues to face a shortage of electricity, increasing the risk of blackouts, even after making a partial payment to Adani group, according to a Bloomberg report on Tuesday.
Adani Power has received a letter of credit for $170 million, easing pressures from lenders, reported the agency, citing two people aware of the development. The partial payment doesn’t resolve the crisis, but the company won’t halt supplies for now, pending talks with the lenders of the Godda thermal plant in Jharkhand, the officials said.
“Payments should have been made by this time,” Ahsan H Mansur, governor of Bangladesh Bank, said in a phone interview on Friday as per the report. The central bank “issued an instruction for the payment”, Mansur had said earlier this week.
The Adani electric supply accounts for nearly 10 per cent of Bengladesh’s total supply. The power company reduced its supply further to 500 megawatts on Thursday after cutting it to 700 megawatts earlier, as per the data collected from Power Grid Bangladesh cited in the news report.
National News
Chhattisgarh: 5 Maoists Killed, 2 Jawans Injured In Narayanpur Encounter; Visuals Surface
Narayanpur: In a major anti-Maoist operation, at least five Maoists were killed during a fierce encounter with security forces in the dense forests of the Abujhmad region in Chhattisgarh Narayanpur district on Saturday.
The gunfight took place after security personnel received reports about the presence of Maoists in the area.
According to officials, a joint team of security forces launched a search operation early Saturday morning. Around 6 a.m., the forces came under heavy fire, leading to an intense gunfight that lasted nearly five hours.
Statement Of One Of The Jawans
One of the jawan, part of the searching team, said that approximately 20 Maoists were present there, with at least five of them killed during the encounter.
“We were a team of 1,439 personnel deployed in the search operation. The encounter lasted until around 11 a.m., during which several Maoists were also injured. I came back but the search operation is still going on to capture the remaining Maoists,” he said.
2 Security Personnel Injured
During the operation, two security personnel sustained injuries. One of them, identified as Khileshwar Gawade, suffered bullet wounds in the head and right hand, while the other, Hiraman Yadav, was hit in the thigh. Both injured personnel were immediately evacuated and airlifted to Raipur for further medical treatment. Officials have assured that their condition is stable.
Security personnel have so far recovered the bodies of five Maoists, along with some weapons. The process of identifying the dead Maoists is underway.
About Abujhmad Region
The Abujhmad region, which borders Maharashtra’s Gadchiroli district, is known for being a hotbed of Maoist activity. Just last month, security forces achieved an important victory by neutralising 31 Maoists in one of the most successful operations in Chhattisgarh’s history.
On the rising success of such operations, Inspector General of Police, Bastar Range, Sundarraj P., had, last week said that a total of 192 Maoists have been killed this year alone. Authorities believe that sustained pressure from security forces is gradually weakening the insurgents’ grip in the region.
National News
Congress President Mallikarjun Kharge Slams BJP Over Infiltrator Issue In Jharkhand, Says ‘Ghuspetiya Andar Aa Rahe Aur Shah Sahab So Rahe’
Jamtara (Jharkhand): As the BJP constantly evoked the issue of infiltration in Jharkhand, Congress President Mallikarjun Kharge said on Saturday that the BJP is scaring everyone in the name of infiltrators and when there is their government in the Centre, why can’t they stop it?
Addressing a public rally in Jharkhand’s Jamtara, Kharge said, “They (BJP) are scaring us in the name of infiltrators. You are in the central government, you are the Prime Minister, you are the home minister, then from where did the infiltrators enter?”
“Ghuspetiya andar aa rahe aur Shah Sahab so rahe,” he added.
He further said that the BJP only knows how to divide.
“When you can stop our helicopters, why can’t you stop infiltrators? They don’t know how to run the government. They only know how to divide. They have raised the matter of infiltrators in the elections and they are making people afraid of this. People are being incited in this way. This won’t work. Now people have understood you,” Kharge added.
About The Chopper Issue
The Congress Chief further targeted the BJP after party MP Rahul Gandhi’s chopper was delayed on Friday and said that today, his chopper was also delayed.
“Rahul Gandhi also did meetings here. We don’t know what problem does BJP has with us. When we want to come our helicopter gets stopped. Yesterday Rahul Gandh’s helicopter was denied permission to fly. Today Shah was coming here so I was stopped today for 20 minutes. His path was different and my path was different. Modiji comes in every way of ours,” Mallikarjun Kharge said.
Congress President Targets BJP Star Campaigners In Jharkhand
Sharpening his attacks further, Kharge targeted BJP star campaigners in Jharkhand and said that they all have gathered like a “war” is going on.
“In Jharkhand helicopters are flying like vultures. Did they come when anyone was in need here.? Some Chief Minister from Assam, Madhya Pradesh, all have gathered like a war is going on. This is battle of democracy where people participate and leaders have no role,” he said.
Voting for the first phase of the Jharkhand assembly elections concluded on November 13, with voting taking place in 43 out of the state’s 81 seats.
Elections on the remaining 38 seats will be conducted on November 20. The counting will be held on November 23.
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