Supreme Court overturns HC ruling which advised girls to control sexual urges

News Network
August 20, 2024

The Supreme Court on Tuesday set aside the Calcutta High Court order asking adolescent girls to control their sexual urges.

A Bench of Justices Abhay S Oka and Ujjal Bhuyan said it has also explained in detail on how courts should write judgments.

The verdict came in a suo motu case initiated in the wake of a Calcutta High Court ruling that had called for adolescent girls to "control" their sexual urges instead of "giving in to two minutes of pleasure".

It had sparked controversy since it proposed a 'duty/obligation based approach' for teenagers, and suggested that adolescent females and males have different duties.

The Supreme Court had taken suo motu coginzance of the same in December 2023, opining that the comments made by the High Court were sweeping, objectionable, irrelevant, preachy and unwarranted.

The top court had also remarked that the High Court ruling sent wrong signals.

In the case before High Court, the  division bench of Justices Chitta Ranjan Dash and Partha Sarathi Sen had acquitted a youth, who was convicted for raping a minor girl, with whom he had a 'romantic affair'.

Today, the top court restored the conviction and said a committee of experts will take a call on his sentence.

Senior Advocates Madhavi Divan and Liz Mathew were amici curiae in the matter.

Senior Advocate Huzefa Ahmadi and advocate Astha Sharma appeared for State of West Bengal, which also had filed an appeal against the High Court verdict.

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News Network
September 13,2024

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In a huge relief for Delhi Chief Minister Arvind Kejriwal ahead of the Haryana elections, the Supreme Court has granted him bail in the Delhi excise policy case. The AAP chief will now be released from jail, six months after his arrest by the Enforcement Directorate on March 21. He was subsequently arrested by the CBI in June.

Here are some of the Supreme Court's key quotes:

•    Perception also matters and CBI must dispel the notion of being a caged parrot and must show it is an uncaged parrot. CBI should be like Caesar's wife, above suspicion. 

•    "No impediment in arresting person already in custody. We have noted that CBI in their application recorded reasons as to why they deemed necessary. There is no violation of Section 41A (3) of Code of Criminal Procedure," said Justice Surya Kant.

•    Justice Ujjal Bhuyan, however, noted, "CBI did not feel the need to arrest him (Mr Kejriwal) even though he was interrogated in March 2023 and it was only after his ED arrest was stayed that CBI became active and sought custody of Mr Kejriwal, and thus felt no need of arrest for over 22 months. Such action by the CBI raises serious question on the timing of the arrest and such an arrest by CBI was only to frustrate the bail granted in ED case."

•    Submission of additional solicitor general cannot be accepted that appellant has to first approach trial court for grant of bail. Process of trial should not end up becoming a punishment. Belated arrest by CBI is not justified.

•    Regarding building a public narrative of a case... Arvind Kejriwal shall not make any public comments about this case and be present for all hearings before trial court unless exempted.

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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
September 18,2024

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Thousands of members of the Lebanese resistance movement Hezbollah as well as civilians have been killed or wounded after wireless communication devices, known as pagers, exploded in different locations across the country on Tuesday, September 17. 

In its latest update, the Lebanese health ministry said at least nine people have been killed and 2,800 others wounded in the explosions that were first reported in the southern suburbs of Beirut. 

"Patients are being transferred to different governorates in Lebanon as hospitals in southern Lebanon have exceeded their capacity," the ministry stated.

Among those killed are a 9-year-old girl and son of a lawmaker affiliated with Hezbollah, Press TV correspondent in Beirut Mariam Saleh said in a report from the Lebanese capital.

The little girl has been identified as Fatima Jafar Abdullah while the young man is Mahdi Ammar, son of 'Loyalty to the Resistance' bloc MP Ali Ammar.

Iran’s ambassador to Lebanon, Mojtaba Amani, is also among the injured. His wife took to X, formerly Twitter, to confirm his injury in the pager explosion but said his condition was stable. 

Saleh said certain people who were carrying pagers noticed them heating up before the explosions took place, adding that Israelis are on a state of high alert, expecting a response from Hezbollah.

Based on preliminary investigation, officials were quoted as saying that the blasts appear to have been caused by a remote cyber attack orchestrated by the Israeli regime amid heightened tensions.

Footage shared on social media showed the wounded being taken to hospitals in Beirut and southern Lebanon. Many were seen assembling in front of hospitals and health centers to assist the injured.

In its latest statement, Hezbollah said after examining all facts and available information about the attacks that they hold the Israeli regime "fully responsible for this criminal aggression that also targeted civilians and led to the martyrdom of several people and the injury of many others."

"Our martyrs and wounded are the symbol of our struggle and sacrifices on the road to Al-Quds, in victory for our honorable people in the Gaza Strip and the West Bank and continuous field support.

"Our position of victory, support and backing for the valiant Palestinian resistance will remain a source of pride and honor for us in this world and the hereafter.

"The treacherous and criminal enemy will certainly receive its punishment for this sinful aggression," read the statement.

In its earlier statement, Hezbollah said at least three people, including a girl, had been killed in the pager explosions and many others sustained injuries.

The movement said relevant authorities were conducting security and scientific investigations to determine the causes of these simultaneous explosions.

The Lebanese health ministry has asked all its medical workers in Beirut and southern Lebanon to remain on alert and respond to all emergency medical cases.

The ministry has also urged all pager owners to dispose of their devices with immediate effect. 

Lebanon’s Minister of Health, Firas Abiad, earlier said the number of injured was in the “hundreds” and there were some fatalities from the explosions.

There has been no immediate comment from the Israeli military on Tuesday's attacks although some reports suggest that the regime officials have been advised to remain tight-lipped about it.

Israel has been regularly exchanging fire with Hezbollah since last October, shortly after the regime launched its genocidal war on Gaza after the Hamas resistance group carried out Operation Al-Aqsa Storm in retaliation for the relentless atrocities against the Palestinian people.

Experts believe the Israeli regime, after being militarily defeated, is resorting to desperate attacks against ordinary people in both Lebanon and Gaza, which will only hasten its demise. 

More than 41,200 Palestinians have been killed by the occupying regime in the besieged Gaza Strip in the past 11 months, most of them children and women. 

Condemnations have started pouring in against Tuesday's mass pager explosions in Lebanon, with Palestinian resistance groups as well as Yemen's Ansarullah strongly condemning it.

In a phone call with his Lebanese counterpart, Iranian Foreign Minister Abbas Araghchi strongly condemned the Israeli terrorist attack targeting the Lebanese people.

He also expressed condolences to Lebanon and said Iran is ready to assist in treating the wounded or transferring them to Tehran.

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