“Heavens won't fall...”: Supreme Court halts 'bulldozer justice' across India till Oct 1

News Network
September 17, 2024

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New Delhi: The Supreme Court on Tuesday halted unauthorised bulldozer action against private property, anywhere in the country, till October 1, dismissing concerns by the government that demolitions sanctioned after following due process could be impacted. 

The "heavens won't fall if we ask you to hold your hands till the next hearing", a bench of Justice BR Gavai and KV Viswanathan declared.

An irate top court - which has already come down hard, twice this month, on 'bulldozer justice' meted out by various state governments - also warned the government against "grandstanding" and "glorification" of this practice. "No demolition, till next, date, without permission of this court," the government was told, and warned the Election Commission may also be put on notice.

The court's reference to the poll panel is significant given elections are due in Jammu and Kashmir (the first Assembly election in a decade) and Haryana, where the Bharatiya Janata Party is looking to return to power. Elections are also due this year in BJP-ruled Maharashtra and Jharkhand.

The court, however, also clarified its order is not applicable to removal of encroachments in public spaces such as roads, railway tracks, water bodies, etc.

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News Network
December 21,2024

New Delhi: The Ministry of Law and Justice of Prime Minister Narendra Modi-led government has made an amendment to the Conduct of Election Rules, restricting public access to certain electoral documents that were previously available.

The original Rule 93(2)(a) of the 1961 Conduct of Election Rules stated, “all other papers relating to the election shall be open to public inspection.” However, following the amendment on Friday, the rule now reads, “all other papers as specified in these rules relating to the election shall be open to public inspection.”

Activists have raised concerns, claiming that the insertion of the phrase “as specified in these rules” limits access to various official documents created during elections to Parliament and Assemblies, which are not explicitly mentioned in the rules.

RTI activist Venkatesh Nayak pointed out that there are numerous documents, though not listed in the rules, that are generated by election officials such as Presiding Officers, Sector Officers (responsible for constituency vulnerability mapping), and those in charge of EVM movement and replacement of defective machines on polling day. These include reports from general, police, and expenditure observers, as well as Returning Officers and Chief Electoral Officers.

Nayak emphasized, “Access to these documents is crucial for ensuring the fairness of elections and the accuracy of results.”

The amendment comes shortly after the Punjab and Haryana High Court directed the Election Commission to provide video footage and documents related to votes cast at a polling station in the recent Haryana Assembly elections to lawyer Mehmood Pracha. Pracha has criticized the amendment, asserting that it will withhold essential information. “This is a reconfirmation of the Election Commission’s bias,” he said.

Nayak further stated, “This amendment undermines the principle of full transparency established by the Supreme Court in the Electoral Bonds case. The notification of this amendment on the very day Parliament was adjourned sine die has deprived MPs of the opportunity to challenge its necessity in real time.”

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News Network
December 12,2024

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New Delhi: The Union Cabinet on Thursday approved bills to implement 'One Nation, One Election', and the draft legislations are likely to be introduced in Parliament in the ongoing Winter session, sources said.

The decision was taken at a meeting of the Union Cabinet chaired by Prime Minister Narendra Modi.

The government is keen on holding wider consultations on bills which are likely to be referred to a parliamentary committee.

Sources said the government was also keen to consult the Speakers of various state legislative assemblies through the committee.

Moving ahead with its 'one nation, one election' plan, the government in September accepted the recommendations of the high-level committee for holding simultaneous polls for the Lok Sabha, state assemblies and local bodies in a phased manner.

Citing recommendations of the high-level committee, sources had said one of the proposed bills would seek to amend Article 82A by adding sub-clause (1) relating to the appointed date. It will also seek to insert sub-clause (2) to Article 82A relating to the end of terms of the Lok Sabha and state legislative assemblies together.

It also proposes to amend Article 83(2) and insert new sub-clauses (3) and (4) relating to the duration and dissolution of the Lok Sabha. It also has provisions related to the dissolution of the legislative assemblies and amending Article 327 to insert the term simultaneous elections.

This bill will not require ratification by at least 50 per cent of the states, the recommendation said.

However, any move to hold local body elections together with Lok Sabha and state assemblies will require ratification by at least 50 per cent of the state assemblies as it deals with matters relating to state affairs.

Another bill will be an ordinary one to amend provisions in three laws dealing with Union territories having legislative assemblies -- Puducherry, Delhi and Jammu and Kashmir -- to align the terms of these Houses with other legislative assemblies and the Lok Sabha as proposed in the first constitutional amendment bill.

The statutes it proposes to amend are the Government of National Capital Territory of Delhi Act-1991, the Government of Union Territories Act-1963 and the Jammu and Kashmir Reorganisation Act-2019.

The proposed bill will be an ordinary legislation not requiring a change in the Constitution and will also not need ratification by the states.

The high-level committee had proposed amendments to three Articles, insertion of 12 new sub-clauses in the existing articles and tweaking three laws related to Union Territories having legislative assemblies. The total number of amendments and new insertions stands at 18.

In its report submitted to the government in March, just before the general election was announced, the panel recommended implementing one nation, one election in two phases.

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News Network
December 8,2024

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The Syrian government fell early Sunday in a stunning end to President Bashar al-Assad’s 24-year rule over the Arab country after the militant group Hay’at Tahrir al-Sham (HTS) stormed and captured the capital Damascus.

In a statement on Sunday morning, the HTS militants declared that they had captured the capital, confirming reports of the fall of the Assad government.

Earlier in the day, Reuters quoted an unnamed officer as saying that the Syrian army command notified officers that the Assad government had fallen.

Ready to cooperate with power transfer: Syrian PM

Syrian Prime Minister Mohammed Ghazi al-Jalali expressed the government’s readiness to “extend its hand” to the militants and hand over its functions to a transitional government.

“I am in my house and I have not left, and this is because of my belonging to this country,” he said in a video statement.

He also noted that he would go to his office to continue work in the morning, calling on Syrian citizens not to deface public property.

Foreign-backed militants, led by the HTS, waged a surprise two-pronged attack on Syria’s Aleppo and the countryside around Idlib on November 27.

Soon afterward, they captured several Syrian cities, including Hama, Homs, Dara’a, Suwayda, and Damascus.

HTS leader Abu Mohammad al-Jolani called on militants to leave state institutions unharmed.

“To all military forces in the city of Damascus, it is strictly forbidden to approach public institutions, which will remain under the supervision of the former Prime Minister until they are officially handed over, and it is also forbidden to fire bullets into the air,” he said in a statement released on Telegram.

HTS declares fall of Assad government

In their statement, the HTS militant group, which called itself the Syrian National Transitional Council, announced the toppling of the Assad government.

It further vowed to “preserve the unity and sovereignty of Syrian territory, … protect all citizens and their property, regardless of their affiliations,” and “achieve comprehensive national reconciliation.”

Syrian state television aired a video statement by a group of militants saying that President Assad has been overthrown and all prisoners have been released.

“The city of Damascus has been liberated,” said one of the militants who read the statement.

“All the prisoners have been released from the prison of Damascus. We wish all our fighters and citizens preserve and maintain the property of the state of Syria. Long live Syria.”

‘In cooperation with UN'

Head of the Syrian National Coalition, Hadi al-Bahra, said, “The situation is safe, and there is no room for revenge or retaliation.”

“Government institutions will resume operations within two days” and that the “transfer of power will take place in cooperation with the United Nations,” he told Al-Arabiya.

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