SC upholds 2019 order taking away special status of J-K, directs EC to hold polls by Sept 2024

News Network
December 11, 2023

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The Supreme Court proceedings taking a call on the constitutional validity of the Centre's move to scrap 'Article 370', a special status granted to the erstwhile state of Jammu and Kashmir begins. 

Supreme Court refused to rule on the validity of the Presidential rule imposed in Jammu and Kashmir in December 2018 since it was not specifically challenged by the petitioner, the Chief Justice of India said. Chief Justice of India said Article 370 was a temporary provision.

The Centre in 2019 scrapped the special status and split the state into two Union Territories - Jammu and Kashmir and Ladakh.

The verdict from a five-judge Constitution bench led by Chief Justice of India DY Chandrachud comes in response to a slew of petitions challenging the Centre's move four years ago. After a 16-day-long hearing, the Supreme Court reserved its judgment on September 5.

The petitioners argued that Article 370 cannot be scrapped unilaterally by the Centre, since the powers of the Constituent Assembly were vested in the Jammu and Kashmir legislature after it was dissolved in 1957.

The Supreme Court ordered the Election Commission to hold elections in Jammu and Kashmir by September 30, 2024. Supreme Court said this while delivering its verdict on the constitutionality of the abrogation of Article 370 of the Indian Constitution, which gives the special status to J&K.

"We direct that steps be taken by EC to conduct elections of J&K Assembly by September 30, 2024," said Chief Justice of India Chandrachud in its ruling.

The Supreme Court Constitutional bench comprising Chief Justice of India (CJI) D Y Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, B R Gavai and Surya Kant Court also directed the government to restore the statehood of J&K. "We direct that restoration of statehood in Union Territory of J&K shall be done at the earliest," said CJI. However, the court upheld the carving out of Ladakh as a Union Territory.

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News Network
April 26,2024

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The Supreme Court of India on Friday, April 26, rejected pleas seeking 100% cross-verification of votes cast using EVMs with a Voter Verifiable Paper Audit Trail (VVPAT) and said “blindly distrusting” any aspect of the system can breed unwarranted scepticism.

A bench of Justices Sanjiv Khanna and Dipankar Datta delivered two concurring verdicts. It dismissed all the pleas in the matter, including those seeking to go back to ballot papers in elections.

An EVM comprises three units – the ballot unit, the control unit and the VVPAT. All three are embedded with microcontrollers with a burnt memory from the manufacturer. Currently, VVPATs are used in five booths per assembly constituency.

EVM VVPAT case: Supreme Court issues two directives

1.    Justice Khanna directed the Election Commission of India to seal and store units used to load symbols for 45 days after the symbols have been loaded to electronic voting machines in strong rooms.

2.    The Supreme Court also allowed engineers of the EVM manufacturers to verify the microcontroller of the machines after the declaration of the results at the request of candidates who stood second and third. The top court said the request for the verification of the microcontroller can be made within seven days of the declaration of the results after payment of fees.

Option for candidates to seek verification of EVM programmes

•    Candidates who secure second and third position in the results can request for the verification of burnt memory semicontroller in 5% of the EVMs per assembly segment in a Parliamentary constituency. The written request to be made within seven days of the declaration of the results.

•    *On receiving such a written request, the EVMs shall be checked and verified by a team of engineers from the manufacturer of the EVMs.

•    Candidates should identify the EVMs to be checked by a serial number of the polling booth.

•    Candidates and their representatives can be present at the time of the verification.

•    After verification, the district electoral officer should notify the authenticity of the burnt memory.

•    Expenses for the verification process, as notified by the ECI, should be borne by the candidate making the request.
What did the Supreme Court say?

•    "If EVM is found tampered during verification, fees paid by the candidates will be refunded," the bench said.

•    "While maintaining a balanced perspective is crucial in evaluating systems or institutions, blindly distrusting any aspect of the system can breed unwarranted scepticism...," Justice Datta said.

Who filed the petitions?

NGO Association for Democratic Reforms, one of the petitioners, had sought to reverse the poll panel's 2017 decision to replace the transparent glass on VVPAT machines with an opaque glass through which a voter can see the slip only when the light is on for seven seconds.

The petitioners have also sought the court's direction to revert to the old system of ballot papers.

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News Network
April 29,2024

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At least 900 protesters have been arrested since the launch of pro-Palestinian demonstrations on university campuses across the US, where students are raging against the Israeli regime’s US-backed genocidal war on Gaza.

The Washington Post reported the tally on Sunday, the 10th straight day of the protests that began after Columbia University set up an encampment to demand cessation of the war and press the school to divest from Israeli financial interests.

The crackdown then started when university authorities called in the police, a move that sparked more than 100 arrests on the university’s Manhattan campus.

Two other highlights in the crackdown saw police forces rounding up roughly the same number of people at New York University and Emerson College in Boston.

Protests have also erupted across numerous other seats of learning, including Brown University in Providence, Rhode Island, the University of Michigan in Ann Arbor, Massachusetts Institute of Technology in Cambridge, and California State Polytechnic in Humboldt.

The ensuing countrywide counter-campaign of suppression has seen law enforcement resorting to riot control methods against the protesters.

The methods have featured “the same tools and tactics” that were deployed to confront the thousands-strong protests that sparked across the country after a Minneapolis police officer killed George Floyd four years ago, the daily reported.

“At Emory University last week, Atlanta police said officers used ‘chemical irritants’ to clear an encampment, and a Georgia State Patrol officer was captured on video using a stun gun to subdue a man on the ground,” it said.

Academics have, meanwhile, been banding together throughout the US under the banner of Faculty and Staff for Justice in Palestine (FSJP).

Earlier in April, the FSJP’s Georgia chapter called on Morehouse College in Atlanta, which invited Joe Biden as its 2024 commencement speaker, to rescind its invitation as a means of objecting to the president’s role in enabling the Israeli genocide.

At Biden’s behest, the United States has been providing the Israeli war with unreserved military and intelligence support.

The US has also vetoed several United Nations Security Council resolutions calling for an immediate ceasefire in the brutal military onslaught that has so far claimed the lives of at least 34,454 Gazans, mostly women and children.

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News Network
May 2,2024

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Mangaluru: This year too, the Mangaluru International Airport has missed being designated as an embarkation point for the annual hajj pilgrimage. 

According to the Haj Committee of India, not many are choosing Mangaluru as an embarkation point. Last year, although Mangaluru was notified as one of the embarkation points, the Union government removed it from the list at the last minute.

Several associations and organisations submitted memorandums to the Haj Committee of India, requesting the reinstatement of Mangaluru as one of the embarkation points, but their efforts have not materialised this year either.

The use of Mangaluru Airport as an embarkation point for the haj began in 2010. In 2019, 1,400 haj pilgrims flew from MIA to Saudi Arabia.

“When the number is less, it is difficult to consider it. It was the same issue as last year,” reacted AP Abdullakutty, chairman of the Haj Committee of India.
Mangaluru as an embarkation point served people from undivided Dakshina Kannada, Kodagu, Shivamogga, Uttara Kannada, and Chikkamagaluru districts.
Last year, the Muslim Central Committee of Dakshina Kannada and Udupi districts submitted a memorandum to Abdullakutty. They expressed their disappointment with Abdullakutty and stated that Mangaluru had a good number of applicants ever since it was identified as an embarkation point. 
Now, they have to travel to Bengaluru. 

UT Khader, speaker of the Karnataka legislative assembly, pointed out that several Union ministries are involved in the process of designating embarkation points for the haj.

“We are not sure why MIA as an embarkation point was removed. Is it because of fewer applications, or are airlines not willing to bid for MIA as an embarkation point? Is it only an issue with MIA as an embarkation point, or are there other airports in the country facing similar issues? We will try to find out and seek answers. Meanwhile, we will also start working at the earliest so that MIA is considered as an embarkation point for hajj next year,” said Khader.

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