Areas like Shaheen Bagh cannot be occupied indefinitely: SC warns protesters

Agencies
October 7, 2020

New Delhi, Oct 7: Occupying public places for protests is not acceptable and areas like Shaheen Bagh -- which had seen prolonged anti-CAA demonstrations starting December last year -- cannot be occupied "indefinitely", the Supreme Court held on Wednesday.

It said protests should be at a designated place and any occupation of public places or roads by demonstrators, which cause inconvenience to a large number of people and violate their rights, is not permissible under law.

The apex court also said that the authorities concerned should not hide behind courts and act on their own in such situations.

A bench headed by Justice S K Kaul said balance has to be struck between the right to protest and other public rights like the right to movement.

"Democracy and dissent go hand in hand," said the bench, also comprising Justices Aniruddha Bose and Krishna Murari.

It does not mean that the agitating people should adopt means and modes of protest that were used against colonial rulers, it said, adding that public places cannot be occupied "indefinitely" for protests like in the Shaheen Bagh case.

The verdict came on a plea against the anti-CAA protests which had led to the blocking of a road in Shaheen Bagh here last December.

Pronouncing the verdict via video conferencing, the bench said the authorities like Delhi Police ought to have taken action to clear Shaheen Bagh area from the protesters.

The authorities have to act on their own and cannot hide behind courts in dealing with such a situation, it added.

The verdict came on a plea of lawyer Amit Sahni against the blockade of a road in Shaheen Bagh area by persons protesting against the CAA which aimed to provide Indian citizenship to persecuted minorities of Pakistan, Afghanistan and Bangladesh.

The top court had reserved its verdict in the case on September 21 by observing that there cannot be a "universal policy" on right to protest and possible curbs as also balancing it with acts like blocking of roads are needed because the situation may "vary" from case-to-case.

Sahni had initially approached the Delhi High Court seeking directions to Delhi Police to ensure smooth traffic flow on the Kalindi Kunj-Shaheen Bagh stretch, which was blocked by anti-CAA protesters on December 15.

The high court had urged local authorities to deal with the situation keeping in mind law and order.

Sahni then filed a special leave petition in the apex court against the high court's order.

The plea had sought directions to the police to ensure smooth traffic flow on Kalindi Kunj-Shaheen Bagh stretch.

It had sought supervision of the situation in Shaheen Bagh, where several women are sitting on protest, by a retired Supreme Court judge or a sitting judge of the Delhi High Court in order to circumvent any violence.

Restrictions were imposed on the Kaindi Kunj-Shaheen Bagh stretch and the Okhla underpass, which were closed on December 15 last year due to the protests against the Citizenship (Amendment) Act (CAA)and the National Register of Citizens (NRC).

However, later due to the COVID-19 pandemic and consequent protocol to deal with it, the protest area got cleared.

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News Network
November 27,2024

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Gaza health authorities say Israel’s military has "erased” over 1,400 Palestinian families in the besieged territory over the past year.

The Health Ministry said in a statement on Tuesday that the Israeli regime "completely erased about 1,410 families, numbering 5,444 people, from the civil registry during the same period.”

It said that there were 3,463 families with only one survivor, while 2,287 families had more than one survivor.

In northern Gaza, Israel’s warplanes have continued dropping bombs over Palestinian families, Palestinian news agency Wafa reported.

It said one airstrike hit a family home in Jabalia, causing numerous casualties on Tuesday.

According to Gaza's civil defense agency, at least seven people were killed and several others wounded in the attack.

Another person was killed in a strike on a house in nearby Beit Lahia, a town in northern Gaza, which has been declared “a disaster area" by the municipality due to "the Israeli war of extermination and siege, and it has no food, water, hospitals, doctors, services, or communications."

The health ministry said, “Israeli forces killed 14 people and injured 108 others in three massacres of families in the last 24 hours.”

“Many people are still trapped under the rubble and on the roads as rescuers are unable to reach them.”

International organizations and leaders believe that Israel’s genocidal war, now in its second year, is a deliberate attempt to destroy the population of Gaza.

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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News Network
November 21,2024

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Shares of Adani Group companies lost about $28 billion in market value in morning trade on Thursday after US prosecutors charged the billionaire chairman of the Indian conglomerate in an alleged bribery and fraud scheme.

Gautam Adani's flagship company Adani Enterprises tumbled 23 per cent, while Adani Ports, Adani Total Gas, Adani Green, Adani Power, Adani Wilmar and Adani Energy Solutions, ACC , Ambuja Cements and NDTV fell between 20 per cent and 90 per cent.

Adani group's 10 listed stocks had a total market capitalisation of about $141 billion at 0534 GMT, compared to $169.08 billion on Tuesday.

US authorities said Adani and seven other defendants, including his nephew Sagar Adani, agreed to pay about $265 million in bribes to Indian government officials to obtain contracts expected to yield $2 billion of profit over 20 years, and develop India's largest solar power plant project.

Adani Green in a statement on Thursday said the US Justice Department had issued a criminal indictment against board members Gautam Adani and Sagar Adani and the Securities and Exchange Commission had issued a civil complaint against them.

The US Justice Department also included Adani Green board member Vneet Jaain in the criminal indictment, it said.

Adani Green's units had decided not to proceed with the proposed US dollar denominated bond offerings due to developments, it added.

"Investors will shy away from Adani Group stocks ... and that's what this sharp selling is signifying," said Saurabh Jain, assistant vice president of retail equities research at SMC Global Securities.

"This could hurt the credibility of the group and maybe borrowing costs will rise," he said.

The indictment comes nearly two years after US shortseller Hindenburg Research alleged that Adani had improperly used tax havens and was involved in stock manipulation, allegations the conglomerate denied.

Also in early Asian trading on Thursday, Adani dollar bonds slumped, with prices down 3c-5c on bonds for Adani Ports and Special Economic Zone. The falls were the largest since the Adani Group came under a short-seller attack in February 2023.

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