SC gives Prashant Bhushan 2 days to reconsider after he refuses to apologize

Agencies
August 20, 2020

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New Delhi: A week after lawyer-activist Prashant Bhushan was held guilty of contempt for his two tweets on Chief Justice of India SA Bobde and the Supreme Court, Mr Bhushan today told the top court that he is "pained" that he has been "grossly misunderstood".

The top court gave the 63-year-old lawyer two-three days "to reconsider" his statement as Justice Arun Mishra said: "There is no person on Earth who cannot commit a mistake. You may do hundreds good things but that doesn't give you a license to do 10 crimes. Whatever has been done is done. But we want the person concerned to have a sense of remorse."

The lawyer-activist, who requested the top court today to defer hearing on his sentencing in contempt proceedings against him, said: "I am pained to hear that I am held guilty of contempt of court. I am pained not because of the would-be sentencing, but because I am being grossly misunderstood. I believe that an open criticism is necessary to safeguard the democracy and its values."

As the top court asked him to reconsider his statement, he said: "I may reconsider it if my lordships want but there won't be any substantial change. I don't want to waste my lordships' time. I will consult my lawyer." Justice Arun Kumar Mishra then replied: "You better reconsider it... don't just apply legal brain here."

"My tweets need to be seen as an attempt for working for the betterment of the institution. My tweets were a small attempt to discharge what I consider my highest duty. Apologising would also be dereliction of my duty. I do not ask for mercy. I do not appeal for magnanimity. I cheerfully submit to any punishment that court may impose," Mr Bhushan told the court during the hearing.

Responding to the lawyer-activist, Justice Arun Mishra said: "There is a Lakshman Rekha (boundary) for everything. Why cross it? We welcome pursuing good cases in public interest but remember, this is a serious thing. I haven't convicted anyone of contempt in 24 years as a judge. This is my first such order."

"Freedom of speech is not absolute to anyone... to me... to Press. There's no problem in being an activist but we have to say this is the line," Justice Mishra added.

"We can assure you that no punishment will be acted upon till your review is decided," the top court further told Prashant Bhushan. However, the court rejected his request that another bench should hear arguments on the quantum of sentence. "You are asking us to commit an act of impropriety that arguments on sentencing should be heard by other bench," the court said.

In one of the tweets, for which he was held guilty of contempt last week, Mr Bhushan had said "four previous Chief Justices of India played a role in destroying democracy in India in the last six years".

The other accused Chief Justice SA Bobde of riding a motorcycle - he was photographed on a Harley Davidson in Nagpur last month - without a helmet and face mask, while keeping the court in lockdown and denying citizens their right to justice.

Mr Bhushan in an affidavit on August 3 had said he regretted only a "part of" what he tweeted and asserted that criticism of the top judge "does not scandalise" the court or lower its authority.

Last week, the court discharged Twitter from contempt for publishing Mr Bhushan's tweets, saying it accepts the explanation given by the microblogging website.

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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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News Network
November 27,2024

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Chandrashekaranatha Swami (left) with chief minister

Bengaluru: Amidst the ongoing Waqf controversy in the state, a Vokkaliga seer has sparked controversy by suggesting the disenfranchisement of Muslims, claiming it would end vote bank politics in India.

The provocative remarks were made by Kumara Chandrashekaranatha Swami during a protest organized by the Bharatiya Kisan Sangh, a farmers’ organization with links to the RSS. The protest focused on farmers' lands being marked as Waqf properties.

"Politicians are exploiting this issue for votes. Muslims should be deprived of voting rights. This step is necessary to eliminate vote bank politics and allow India to prosper," the seer stated. He is the head of the Vishwa Vokkaliga Mahasamsthana Mutt, which was founded with support from JD(S) leader and former Prime Minister HD Deve Gowda.

The seer also made misleading claims about Pakistan, stating, “In Pakistan, minorities don’t have the right to vote. If we implement the same in India, Muslims would be isolated, and peace would prevail.” However, minorities in Pakistan have voting rights. 

Chandrashekaranatha Swami continued his criticism of the Waqf Board, accusing it of unlawfully seizing properties. “It is unjust to take someone’s property. We must ensure that the Waqf Board is abolished,” he said. He further emphasized the need for farmers' land to remain protected, even at the cost of political fallout.

Minister Condemns Remarks

Minister for Social Welfare, H.C. Mahadevappa, swiftly condemned the seer’s comments, stating, “After years of struggle, Baba Saheb Dr. B.R. Ambedkar established the principle of ‘one vote, one value.’ It is crucial for Dalits, backward communities, and minorities to understand its significance.”

He continued, "Those who spread hatred for political gain under the guise of religion must end their harmful rhetoric."

Earlier, Kumara Chandrashekaranatha Swami had stirred controversy by suggesting that Chief Minister Siddaramaiah step down to allow Deputy Chief Minister D.K. Shivakumar to assume the role of Chief Minister for the remainder of the term. The statement created a fresh political debate, raising questions about the power dynamics in Karnataka's ruling party.

The seer remarked, “Everyone has had the opportunity to hold the Chief Minister’s position, except D.K. Shivakumar. I request our experienced Chief Minister Siddaramaiah to vacate the post and bless Shivakumar with the opportunity.”

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News Network
November 14,2024

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The UN special rapporteur for Palestine has slammed Israel’s parliament for passing a law authorizing the detention of Palestinian children, who are “tormented often beyond the breaking point” in Israeli custody.

Francesca Albanese, the UN special rapporteur on the rights situation in the Occupied Palestinian Territory, in a Thursday post on X, characterized the experiences of Palestinian minors in Israeli detention as extreme and often inhumane.

The UN expert highlighted the grave impact of this policy, noting that up to 700 Palestinian minors are taken into custody each year, a practice she described as part of an unlawful occupation that views these children as potential threats.

Albanese said Palestinian minors in Israeli custody are “tormented often beyond the breaking point” and that “generations of Palestinians will carry the scars and trauma from the Israeli mass incarceration system.”

She further criticized the international community for its inaction, suggesting that ongoing diplomatic efforts, which often rely on the idea of resuming negotiations for peace, have contributed to normalizing such human rights violations against Palestinian children and the broader population.

The comments by Albanese came in response to Israel’s parliament (Knesset) passing a law on November 7 that authorizes the detention of Palestinian children under the age of 14 for “terrorism or terrorist activities.”

Under the legislation, a temporary five-year measure, once the individuals turn 14, they will be transferred to adult prison to continue serving their sentences.

Additionally, the law allows for a three-year clause that enables courts to incarcerate minors in adult prisons for up to 10 days if they are considered dangerous. Courts have the authority to extend this duration if necessary, according to the Knesset.

The legislation underscores a shift in the treatment of minors and raises alarms among human rights advocates regarding the legal and ethical ramifications of detaining children and the conditions under which they may be held.

Thousands of Palestinians, including hundreds of children and women, are currently in Israeli jails—around one-third without charge or trial. Also, an unknown number are arbitrarily held following a wave of arrests in the wake of the regime's genocidal war on Gaza.

Since the onset of the Gaza war, the Israeli regime, under the supervision of extremist minister Itamar Ben-Gvir, has turned prisons and detention centers into “death chambers,” the ministry of detainees and ex-detainees’ affairs in Gaza says.

Violence, extreme hunger, humiliation, and other forms of abuse of Palestinian prisoners have been normalized across Israel’s jail system, reports indicate.

Over 270 Palestinian minors are being detained by Israeli authorities, in violation of UN resolutions and international treaties that forbid the incarceration of children, as reported by Palestinian rights organizations.

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