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 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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News Network
November 14,2024

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Bengaluru: The Prime Minister Narendra Modi led union government has requested the Karnataka High Court to direct the Mandya district administration and the state government to clear a madrasa operating within the premises of the historic Jama Masjid in Srirangapatna.

The Waqf Board, opposing this move, has claimed the mosque as its property and defended the right to conduct madrasa activities there.

The matter was brought before a division bench headed by Chief Justice N V Anjaria following a public interest litigation filed by a person named Abhishek Gowda from Kabbalu village in Kanakapura taluk. The petition alleged “unauthorised madrasa activities” within the mosque.

Representing the Central government, Additional Solicitor General of India for High Court of Karnataka, K Arvind Kamath argued that the Jama Masjid was designated as a protected monument in 1951, yet unauthorised madrasa operations continue there.

He noted that concerns over potential law and order issues have so far prevented any intervention. Kamath urged the court to direct the Mandya district administration to take action and vacate the madrasa from the mosque.

In defence, lawyers for the state government and the Waqf Board contested this request, stating that the Waqf Board had been recognised as the owner of the property since 1963 and, thus, conducting madrasa activities there is lawful.

After hearing both sides, the bench adjourned the case for further arguments, scheduling the next hearing for November 20.

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News Network
November 21,2024

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Hamas says the Israeli regime’s sole objective lies in “erasing” the entirety of the Palestinian population from across the Palestinian territories.

Khalil al-Hayya, a ranking official with the Gaza Strip-based Palestinian resistance movement, made the remarks to the Palestinian al-Aqsa TV on Wednesday.

“The occupation targets everyone—it strikes hospitals, civil defense, women, children, and the elderly,” he said, adding that the regime sought to “empty Gaza of its residents, and displace the Palestinian people to fulfill its dreams of building a Zionist Jewish state across all of Palestine.”

The remarks came amid the regime’s October 2023-present war of genocide on the coastal sliver that has so far claimed the lives of nearly 44,000 Palestinians, mostly women and children.

“This unprecedented aggression in modern times evokes scenes from the dark ages of human history, having crossed all red lines and exceeded every expectation of brutality in the modern era,” the Palestinian official lamented.

He also regretted that the regime had added “systematic and dangerous starvation to its aggression, falsely claiming before the world that it allows 250 [aid] trucks into Gaza daily. In reality, the number of trucks is far fewer.”

Hayya, meanwhile, regretted that “scenes of children torn apart, women screaming over their children, and heart-wrenching destruction have failed to stir enough humanity to stop these crimes.”

He decried the United States for vetoing the United Nations Security Council’s resolutions that are aimed at bringing about a potential ceasefire in the war, saying this indicated Washington’s “partnership in the aggression” and a simultaneous siege that the Israeli regime has been enforcing on Gaza.

Addressing Israeli Prime Minister Benjamin Netanyahu, the official asserted that, despite what the Israeli official is after, Hamas would not hand over the regime’s captives “without [the regime’s] stopping the war.”

He called Netanyahu “the main obstacle” in the way of cessation of the aggression, saying the Israeli premier “blocks any progress for political reasons,” and citing his preventing conclusion of a ceasefire agreement in July.

Hayya also warned that the regime sought to expand the war beyond Gaza, but asserted that its goals are “impossible and will never happen.”

“Today, the enemy exposes its true intentions of extermination and displacement, but it will fail,” he stressed.

“The Palestinian people are resilient and will not surrender, as they believe in their humanitarian and political cause. The enemy and its allies will not succeed in achieving their goals. This steadfast people will endure, and the occupation will not prevail against them.”

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