SC bench split over Yakub's plea, refers it to CJI

July 28, 2015

New Delhi, Jul 28: A two-judge bench of the Supreme Court today delivered a split verdict on a plea by Yakub Abdul Razak Memon, the lone death convict in 1993 Mumbai blasts case, seeking stay of his scheduled execution on July 30 and referred the matter to the Chief Justice to take call on it.

Yakub

While Justice A R Dave dismissed his plea, Justice Kurian Joseph stayed the death warrant issued on April 30 for his execution on July 30.

Attorney General Mukul Rohatgi and other senior advocates, including Raju Ramachandran, appearing for Memon, said that since the two judges have differed on staying the death warrant, "there will be no order in law if one judge has stayed it and the other has not".

The bench referred the matter to Chief Justice of India H L Dattu to take an urgent call at 4 PM in view of the divergence of opinion on the issue of death warrant.

The bench also requested the Chief Justice to constitute an appropriate bench and list the matter for hearing tomorrow.

Justice Dave dismissed the petition filed by Memon and said it will be open for the Maharashtra Governor to dispose of his mercy plea before the scheduled date of execution of death warrant.

While rejecting the petition in which Memon has contended that the correct procedure was not adopted in deciding his curative petition on July 21, Justice Dave disagreed with Justice Kurian on the issue of staying death warrant issued by the TADA court in Mumbai on April 30.

"Sorry, I will not like to be part of staying the death warant. Let CJI decide," Justice Dave said and quoted a couplet from Manu Smriti relevant to the issue.

Justice Kurian said he is expressing his inability to agree with Justice Dave as there is a "procedural violation" in deciding the curative petition filed by Memon.

Justice Kurian said once it is found that the procedure established under law is not followed while dealing with the curative petition, that too when the life of a person is concerned, and there is error apparent on the face that the mandatory process has not been followed, then such defects need to be cured.

While holding that Memon's curative petition is required to be heard afresh, Justice Kurian referred to the order dismissing his curative petition, saying, "The curative petition itself was not decided in accordance with the rules laid down by this court. That defect needs to be cured otherwise there will be a clear violation of the right to life under Article 21 of the Constitution."

Justice Kurian said the technicalities involved in dealing with the matter should not stand in the way of justice being done to a person as this court under the Constitution is for the protection of life of a person.

He said, "The technicalities should not stand in the way as the law is for common man and also law is not helpless and this court should not be rendered powerless."

He noted that Article 21 deals with the right to life of a person and same shall be deprived only in accordance with the procedure adopted by law.

"It has been noticed that the procedure by law was not followed in this case while depriving the right to life of a person," he said.

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April 23,2024

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The Karnataka government's decision to categorise the entire Muslim community as a backward caste for reservation purposes in the state has drawn criticism from the National Commission for Backward Classes (NCBC), which said such blanket categorisation undermines the principles of social justice.

According to the data submitted by the Karnataka Backward Classes Welfare Department, all castes and communities within the Muslim religion have been enlisted as socially and educationally backward classes under Category IIB in the State List of Backward Classes.

The NCBC, during a field visit last year, examined the state's reservation policy for OBCs in educational institutions and government jobs.

"All castes/communities of Muslim religion of Karnataka are being treated as socially and educationally backward classes of citizens and listed as Muslim Caste separately under Category IIB in the State List of Backward Classes for providing them reservation in admission into educational institutions and in appointments to posts and vacancies in the services of the State for the purpose of Articles 15(4) and 16(4) of the Constitution of India," the NCBC said in a statement on Monday night.

This categorisation has led to the provision of reservation benefits for 17 socially and educationally backward castes under Category I and 19 castes under Category II-A, respectively.

The NCBC said the blanket categorisation of Muslims as a backward caste undermines the principles of social justice, particularly for the marginalised Muslim castes and communities identified as socially and educationally backward.

However, the NCBC emphasised that while there are indeed underprivileged and historically marginalised sections within the Muslim community, treating the entire religion as backward overlooks the diversity and complexities within Muslim society.

"The religion-based reservation affects and works against ethics of social justice for categorically downtrodden Muslim castes/communities and identified socially and educationally backward Muslim castes/communities under Category-I (17 Muslim castes) and Category II-A (19 Muslim castes) of State List of Backward Classes. Hence, socially and educationally backward castes/communities cannot be treated at par with an entire religion," the NCBC stated.

The NCBC also voiced concern over the impact of such reservations on the overall framework of social justice, particularly in the context of local body polls.

While Karnataka provides 32 per cent reservation to backward classes in local body elections, including Muslims, the Commission stressed the need for a nuanced approach that accounts for the diversity within these communities.

According to the 2011 Census, Muslims constitute 12.92 per cent of the population in Karnataka.

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April 11,2024

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Bengaluru, Apr 11: Congress leader Rahul Gandhi and the party's unit in Karnataka have highlighted the statement of Class 12 Board exam topper from the state, Vedant Navi, and claimed that "it was a matter of pride as their schemes were bringing effective social and economic changes".

The Congress on Thursday launched a social media campaign by releasing posters and short videos.

Rahul Gandhi in his social media post said, “Such 'Success Stories' make me believe and ensure that our 'Mahalakshmi' guarantee of putting Rs 1 lac every year in women's accounts will prove to be a revolutionary step to shaping the country's fate.”

“Congress's Gruha Lakshmi scheme going on in Karnataka under which more than 1 crore women get Rs 2,000 every month, using the same money a mother taught her son Vedant and he got second rank in the whole state in PUC exam,” Rahul Gandhi stated.

“Vedant's story is a living example of Indian women's penance and willpower to strengthen the house with pai-pai. Imagine, when women of poor families across the country will get Rs 1 lakh every year through the 'Mahalakshmi Yojana', how many Vedantas will change the future of the family with their talent? This historic plan of Congress will give the dreams of poor families a flight into reality,” Rahul Gandhi said.

The Congress in Karnataka said the schemes of the government were giving succour to the people. “It is a matter of pride that in a span of 10 months, our government’s schemes are bringing effective social and economic changes,” the party claimed.

“It is a testimony to the success of the Gruha Lakshmi scheme that the family of Vedant, who secured first rank in the Arts stream, was supported by the money provided by the Gruha Lakshmi scheme. Our schemes have brought changes in many people’s lives. The Congress party has built the lives of the people and thereby built the nation,” the Congress stated.

Vedant Navi had secured first rank in Arts Stream in Karnataka. He is the overall second-topper.

“My father is no more. My mother faced difficulties as the family was debt-ridden. In this crunch time, the money received through the Gruha Lakshmi scheme (Rs 2,000 every month given for women heads of family) helped my studies and hostel stay and other expenditures,” Vedant had stated.

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April 11,2024

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BJP MLA Arabail Shivaram Hebbar’s son Vivek Hebbar on Thursday, 11 April, joined the Congress party along with his supporters at Banavasi in Uttara Kannada district.

After quitting the BJP, Vivek Hebbar joined the party in the presence of state Congress vice president and former MLC Ivan D’Souza and other local party leaders.

Speculations have been rife about his father Shivaram Hebbar, an MLA from the Yellapur Assembly segment, also planning to join the Congress, ever since he did not turn up for voting during the polls to four seats of the Rajya Sabha from Karnataka held on 27 February.

The senior Hebbar’s absence from voting, despite a party whip, had caused embarrassment to the BJP. He had, however, later attributed his absence to poor health.

The BJP had also issued notice to him, which he responded to.

Shivaram Hebbar had recently met Deputy Chief Minister and state Congress chief DK Shivakumar but claimed that the meeting was about water issues in his Assembly segment.

The senior BJP leader was earlier with the Congress. He was among 17 Congress-JD(S) legislators, who had quit from their parties, which ultimately led to the collapse of the then HD Kumaraswamy-led coalition government in July 2019.

Shivaram Hebbar had subsequently won the by-poll on a BJP ticket and served as a minister in the then government of the saffron party.

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