Category Archives: Politics

Crime, Politics, West Bengal

Molestation’ case: HC stays probe against Guv’s OSD

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MP, 25 May 2024, Kolkata: The Calcutta High Court on Friday imposed a stay on the investigation against the Officer on Special Duty (OSD) of Governor C V Ananda Bose and other Raj Bhavan staff in connection with the case registered for alleged sexual harassment. 

The woman staff of the Raj Bhavan had alleged that she was restrained from lodging a complaint by the OSD but later she somehow escaped the room where she was restrained. 
The lawyer appearing for the OSD to the Governor, who is the petitioner here appealing to quash the proceeding and the FIR that has been lodged, mentioned that if the woman was wrongfully restrained, then how did she manage to leave the room. 
Therefore, the petitioner claimed that the allegation of wrongful restraint is not proper. It was also pointed out that when the complaint was lodged, the petitioners’ name was not there. Later on May 7 his name was included in the complaint with the allegation that she was restrained from lodging the complaint. 
Opposing the appeal of the OSD to the Governor, Advocate General Kishore Datta mentioned that there is no hurry in passing any order to restrain the investigating officer to carry on with the probe. 
He also mentioned that the petitioner already obtained bail and the investigation in this stage should not be halted. 
After hearing both the parties, Justice Amrita Sinha rejected the petitioner’s appeal and directed the police to submit a report of investigation made till date on June 10 before the regular bench. The investigation has also been stayed temporarily till June 17.

https://www.millenniumpost.in/bengal/molestation-case-hc-stays-probe-against-guvs-osd-565184?infinitescroll=1
National, Politics, West Bengal

Mamata hits out at Modi for his ‘sent by God’ comment

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PTI, Kolkata, May 24, 2024 : West Bengal Chief Minister Mamata Banerjee on Friday hit out at Prime Minister Narendra Modi for his ‘sent by God’ comment, albeit without naming the country’s top leader. 

Speaking at an election rally in Mathurapur in the Sunderbans area of South 24 Parganas district, she claimed that “faced with the phobia of a certain election defeat”, BJP leaders were saying “all kinds of things that made no sense”. 
Dripping with sarcasm, Banerjee, in an oblique reference to PM Modi, said, “He is now calling himself the son of God. He claims that, unlike us, he doesn’t have biological parents. He says he has been sent by God. I ask, does God send someone to orchestrate riots or spread lies through advertisements or jail people in the name of NRC exercise?” 
“Does God send his emissary to sponsor hooliganism in the name of CAA or stop funds for 100-day work or prevent rural houses from being built? Does God go back on his promise of depositing Rs 15 lakhs in people’s bank accounts? 
God cannot do such things,” she added.
The chief minister’s remark came in the backdrop of PM Modi’s interview to a national TV channel where he reportedly said, “Until my mother was alive, I used to think I was born biologically. 
After her demise, when I look at my experiences, I am convinced that I was sent by God. This strength is not from my body. It has been given to me by God. 
That’s why God also gave me the ability, strength, pure-heartedness, and inspiration to do this. I’m nothing but an instrument that God has sent.” 
 Banerjee further ridiculed Modi for BJP spokesperson Sambit Patra’s controversial remark about Lord Jagannath being a “devotee of the prime minister”, which Patra had later retracted. 
 “If Lord Jagannath is a devotee of Modi babu as claimed by his workers, then shouldn’t we build a temple in his name, offer pujas and prasad before his photo and engage a priest for him? 
We can do all that, but he shouldn’t play politics by saying such things,” Banerjee said.
National, Politics, Regional, West Bengal

Will move higher court after summer vacation to challenge Calcutta HC order on OBC certificates: Mamata Banerjee

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 I respect the courts, but a few judges are only following the diktats of the BJP and the CPI(M), says the Bengal Chief Minister
Chief Minister Mamata Banerjee

PTI, Calcutta, 24.05.24 : West Bengal Chief Minister Mamata Banerjee on Friday announced that her government will approach a higher court, challenging the Calcutta High Court order that cancelled all OBC certificates issued in the state since 2010.

Addressing an election rally in Sagar in South 24 Parganas district, she said the state government would appeal to the higher court against the order after summer vacation.

“We do not accept the order that scrapped OBC certificates. We will contest at a higher court after summer vacation,” Banerjee said.

The Calcutta High Court on Wednesday struck down as illegal the OBC status of several classes in the state granted since 2010, sparking a political debate in the middle of the Lok Sabha elections.

The court observed that the inclusion of 77 classes of Muslims in the list of backward categories was to “treat them as a vote bank”.

“I respect the courts, but a few judges are only following the diktats of the BJP and the CPI(M).” Banerjee urged electors “not to cast a single vote to the BJP or any other party except the TMC so that the INDIA bloc can form a government at the Centre”.

She also accused the BJP of planning to implement the Uniform Civil Code to “undermine” the rights of people belonging to the SC and ST community.

Banerjee appealed to the families of Haj pilgrims to vote judiciously, as the “implementation of the Uniform Civil Code and the Citizenship Amendment Act (CAA) could disenfranchise citizens”.

She alleged that the BJP has “made attempts to disrespect women in Sandeshkhali, incite riots, and revoke reservations and employment rights of backward classes” and its only aim is to “defame TMC and Bengal”.

The TMC supremo accused the saffron camp of running advertisements to “mislead” people.

Banerjee said the ‘Gangasagar Mela’ must be recognised as a national fair, and claimed that her government is independently managing the annual affair while the “Centre has not been providing adequate support for it”.

She also promised completion of a bridge over the Muriganga river in the next 2-3 years, even though the “Centre has not provided support in the Rs 1,500 crore project”.

“You must come to vote even if there is rain,” she said at the rally, emphasising the need to defeat the BJP in the ongoing Lok Sabha elections.

A depression in the Bay of Bengal is likely to concentrate into a severe cyclonic storm and make landfall between Sagar island in West Bengal and Khepupara in Bangladesh around May 26 midnight, bringing heavy rain in the coastal districts of the state, the Met department said on Friday.

Banerjee’s comment came after it was found that voter turnout in the fifth round of polling in seven Lok Sabha seats in West Bengal was lower, as compared to the polling percentage in 2019, due to a two-hour rain.
National, Politics

SC refuses to direct EC to upload voter turnout data amid LS polls, says ‘hands-off approach’ needed

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The bench said it would be difficult for the poll panel to mobilise manpower for uploading the voter turnout data on its website.

PTI,  24.05.24 : The Supreme Court on Friday refused an NGO’s plea to issue the Election Commission directions to upload polling station-wise voter turnout data on its website during the Lok Sabha polls, saying a “hands-off approach” needs to be adopted during the elections.

A vacation bench of Justices Dipankar Datta and Satish Chandra Sharma said it cannot issue any such directions at the moment as five phases of polling have concluded and two remain and it would be difficult for the poll panel to mobilise manpower.

The top court adjourned the interlocutory application (IA) filed by the Association for Democratic Reforms (ADR) to be listed before the regular bench after the elections and pointed out that prima facie it appears the prayers in the application are similar to the main petition pending since 2019 on the issue.

“This (IA) has to be taken with the pending writ petition because in between the elections, a hands-off approach has to be adopted,” it said and pointed out that it would be difficult for the EC to mobilise manpower for uploading the voter turnout data on its website.

“Granting any relief in IA will amount to granting relief in the main petition which is pending,” the bench said.

It said it needs to understand the ground reality and not overburden the poll panel by changing the process midway.

On May 17, the top court had sought within a week the EC’s response on the NGO’s plea seeking a direction to upload polling station-wise voter turnout data on its website within 48 hours of the conclusion of polling for each phase of the Lok Sabha elections.

The ADR has filed an interim application in its 2019 PIL seeking directions to the poll panel that “scanned legible copies of Form 17C Part-I (Account of Votes Recorded)” of all polling stations be uploaded immediately after the polls.

In its affidavit, the poll panel opposed the NGO’s demand, stating that it will “vitiate” the electoral space and cause “chaos” in the poll machinery in the midst of the general elections.

The poll panel has said that there is no legal mandate to provide Form 17C to any person other than the candidate or his agent.

It has said that public posting of Form 17C — which gives the number of votes polled in a polling station — is not provided in the statutory framework and could lead to mischief and vitiation of the entire electoral space as it increases the possibility of the images being morphed.

“The petitioner is trying to create an entitlement when none exists in the law by way of filing an application in the middle of the election period. It is respectfully reiterated that for credible multiple practical reasons, the result as per the statutory mandate, is declared on the basis of the data contained in Form 17C at the time as prescribed under the statutory rule regime in existence,” it said.

It further said that “indiscriminate disclosure” of polling station-wise voter turnout data and posting it on a website will cause chaos in the election machinery which is already in motion for the ongoing Lok Sabha elections.
Crime, National, Politics

Manipur Violence: Can’t go by sentiments, says Supreme Court; declines contempt petition

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The top court was hearing a petition claiming the respondents had committed contempt of its September 25 last year order on protecting the properties of those displaced during the ethnic conflict

PTI, New Delhi, 24.05.24 : The Supreme Court said on Friday it cannot go by sentiments and has to act in accordance with law, as it refused to entertain a petition seeking contempt action for alleged non-compliance with the apex court’s order on protection of properties of people displaced during the Manipur violence.

A vacation bench of Justices Bela M Trivedi and Pankaj Mithal said it was not satisfied with the contention that a case of contempt was made out against the respondents, including the chief secretary of Manipur, and the petitioners can take recourse to remedy which may be available under the law.
Additional Solicitor General Aishwarya Bhati, appearing for Manipur, told the bench that no case of contempt was made out, and the state government and the Centre were on the ground doing everything they can to assuage public concerns.

“The effort is to keep the pot boiling which is very unfortunate,” Bhati said, adding that the state was duty bound to protect all and can file an updated status report on the issue.

The top court was hearing a petition claiming the respondents had committed contempt of its September 25 last year order on protecting the properties of those displaced during the ethnic conflict.

“Who according to you are in contempt?” the bench asked the petitioner’s counsel who said the chief secretary and others are.

“They are not the encroachers,” the bench shot back.

When the advocate said the petitioners are living outside Manipur and are not in a position to go anywhere near Imphal, the bench said, “That does not mean that notice be issued against chief secretary”.

Bhati referred to the September 25 last year order which said the state of Manipur and the Centre are given one week to respond to the directions, including on ensuring protection of properties of displaced persons and preventing their encroachment.

“We had filed a status report. We can file an updated status report,” she said, adding the state was duty bound to protect its citizens and their properties.

“Manipur is still in a situation of uneasy calm as we speak. There are conflicting views and the state and central government are trying to assuage everyone,” Bhati said. When the counsel for the petitioners claimed that their properties have been looted in the presence of police and they can place those videos before the court, the law officer objected to it and said wild allegations were being made.

“They (authorities) are duty bound to protect the properties. They are duty bound to carry out the orders of this court and the government. No doubt about it,” the bench said.

Observing that no contempt was made out against the chief secretary and the other respondents, the bench observed, “Don’t pressure the officers like this”.

It said the petitioners may file appropriate proceedings as permissible under the law.

“All sympathies for you. Your properties need to be protected but that does not mean that we have to issue contempt notice to the respondents.,” the bench said.

When the petitioners’ lawyer said, “Your lordships may kindly see the message that goes out today…”, the bench observed, “We have to go as per the law. We cannot go by sentiments.” The bench said it was not satisfied with the claim that contempt proceedings were maintainable against the respondents in connection with the September 25, 2023 order.

“It is needless to say that petitioners shall be at liberty to take recourse to the remedy as may be available under the law if they are aggrieved by any other action or inaction on the part of the respondents,” it said.

Manipur descended into chaos and violence in May last year over a high court order directing the state government to consider including the non-tribal Meitei community in the list of Scheduled Tribes.

More than 170 people have been killed and several hundred others injured since ethnic violence first broke out in the state on May 3 last year when a ‘Tribal Solidarity March’ was organised in hill districts to protest against the majority Meitei community’s demand for ST status.
Politics, Regional, West Bengal

Following HC order, TMC accuses ECI of ‘batting for BJP’

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MP, 20 May 2024, Kolkata: The Trinamool Congress (TMC) on Monday criticised the Election Commission of India (ECI) accusing it of “batting for the ruling party. 

The Calcutta High Court on Monday restrained the Bharatiya Janata Party (BJP) from publishing any kind of derogatory advertisements against the Trinamool Congress (TMC) till further orders. 
TMC’s Rajya Sabha MP Saket Gokhale wrote on X: “ECI’s conduct throughout this election has been shameful. 
At every given opportunity, rules have been bent to favour Modi & BJP. Now even Calcutta HC has strongly rebuked the ECI for failing to take action on BJP’s fake & disparaging ads about @AITCofficial. The Hon’ble court has also restrained BJP & banned the ads. 
This is an election where the ECI openly bats for the ruling party.” Trinamool leader Chandrima Bhattacharya said: “There was an ad of BJP published a few days back in newspapers. 
A media house went to High Court and complained in a writ petition under Article 226 of the Constitution. Important order was passed by the court saying these ads should not have been published in newspapers because they are derogatory and have violated the Model Code of Conduct (MCC) in spirit and letter. 
This should not have happened. ECI should have taken a significant step in this regard. It showed how BJP can stoop to any level.” 
TMC leader Mahua Moitra wrote on X: “Official twitter handle of@ECISVEEP should be changed to ECISLEEP.” 
Earlier, Moitra had accused the Election Commission (EC) of acting with bias for BJP since it is allegedly not taking action against the communal speeches of Prime Minister Narendra Modi or his party leaders. 
Moitra had pointed out: “We know that it is a violation of the Model Code of Conduct when a candidate uses communal speeches to polarise the electorate. However, the Election Commission as an independent body seems to be turning a blind eye and not taking any action”. 
https://www.millenniumpost.in/bengal/following-hc-order-tmc-accuses-eci-of-batting-for-bjp-564616
Politics, Regional, West Bengal

Will PM Modi take action against ‘corrupt’ BJP leaders, asks TMC

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Soumyadip Mullick, MP, 20 May 2024, Kolkata: In the wake of the alleged recovery of unaccounted cash from two BJP leaders in two separate incidents, the Trinamool Congress (TMC) questioned whether PM Modi, who vociferously champions the fight against corruption, will take any decisive action against his party leaders. 

On Monday, Abhishek Banerjee wrote on X: “On Stage: Na Khaunga Na Khane Doonga. Off Stage: Kaala Paisa Jamaunga Aur Jamaane Doonga! Will PM @narendramodi stick to his words and take action against BJP leader Samit Mandal, caught with unaccounted cash worth ₹35 lakhs right after the PM’s meeting in Kharagpur yesterday?” 
He further wrote: “Yesterday, BJP leader Samit Mondal, who was on the dais at PM Modi’s meeting, was caught red-handed by district police with ₹35 lakh unaccounted cash. Today, the ECI has transferred the SP of the same district. 
This is Modi’s guarantee: SAFE HAVEN FOR RAPISTS AND THE CORRUPT!” On Sunday night, TMC shared on social media that the district police seized Rs 35 lakh “unaccounted” cash from a BJP man identified as Samit Mondal, a close confidante of party candidate Agnimitra Paul. 
TMC wrote on X: “Irony died a thousand deaths! On the same stage from which PM @narendramodi made this grand statement against corruption, stood BJP leader and @paulagnimitra1’s close aide, Samit Mandal, from whom the Dist. Police seized over Rs. 35 lakh of unaccounted cash. ‘
Khaunga bhi, aur khane bhi dunga [as long as you’re in the BJP]’ seems to be the real mantra of our PM Modi – the self-proclaimed crusader against corruption.” On Monday, Trinamool further alleged that unaccounted cash and firearms were seized from another BJP leader in Hooghly. 
’ It wrote on X: “First Medinipur, now Hooghly – BJP’s corruption trail is spreading like wildfire. Rs. 35 lakh of undocumented cash was seized from BJP leader Samit Mandal at a Kharagpur hotel. If that weren’t enough, another BJP leader was nabbed in Hooghly with Rs. 2 lakh of unaccounted cash and unlicensed firearms. 
All this is unfolding while PM Modi is gallivanting across Bengal, preaching against corruption. The hypocrisy!” Trinamool leader Chandrima Bhattacharya told the media that the BJP needs to answer what their leader was doing with so much unaccounted cash. 
She said it was clear that this cash was meant for election purposes as Midnapore seat polls are due. She said it is not just a coincidence that the cash was recovered from a person close to BJP’s Midnapore seat candidate Agnimitra Paul. 
https://www.millenniumpost.in/bengal/will-pm-modi-take-action-against-corrupt-bjp-leaders-asks-tmc-564621
Crime, Politics, West Bengal

Three Raj Bhavan staff summoned by police seek more time

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MP, 20 May 2024, Kolkata: Three Raj Bhavan staff, who were summoned by the police in connection with the probe relating to a case where a woman had accused the Governor C V Ananda Bose of sexual harassment, is learnt to have sought more time from the police. 

It was reportedly learnt that the complainant had alleged that the three staff had kept her confined within the Raj Bhavan premises. 
The police had hence summoned all three of them at the Hare Street Police Station on Sunday. However, none of them appeared at the station. The police have again summoned them on Tuesday but it has now come to light that the staff members have sought more time for appearance. 
Sources said that the police do not want to give them more time, especially when they were summoned three times and each time they failed to appear. It was learnt that the police, if needed, may consider the arrest of these three staff. 
It reportedly came to light that one among the three staff, S S Rajput has informed that he is out of station and has sought time for 10 days along with the copy of an FIR from the police. The other two have sought seven days-time and a copy of the same. 
It was learnt that apart from these three, the police have also summoned four others and have sent notices under Section 160 of the CrPC. The summon list also includes the supervisor of the complainant who was contractual staff at Raj Bhavan. 
The complainant is also learnt to have recorded her statement with the magistrate. She has alleged that the day she was sexually harassed, she was restrained from egressing Raj Bhavan. 
https://www.millenniumpost.in/bengal/three-raj-bhavan-staff-summoned-by-police-seek-more-time-564627
International, National, Politics, Regional

Nepal PM Prachanda wins vote of confidence in Parliament; fourth time in 18 months

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PTI, Kathmandu, May 20 2024 : Nepal Prime Minister Pushpa Kamal Dahal Prachanda’ on Monday won a vote of confidence in Parliament, allowing him to lead a coalition government in the Himalayan nation while attempting to maintain political stability amidst frequent power struggles.

Prachanda, 69, a former guerilla leader from the Communist Party of Nepal (Maoist Centre) — the third largest party in the House of Representatives (HoR) — received 157 votes in the 275-member House of Representatives.
The government required at least 138 votes to win the vote of trust.
In total, 158 lawmakers took part in the voting. The main Opposition Nepali Congress boycotted the voting process and chanted slogans against Deputy Prime Minister and Home Minister Rabi Lamichhane, accused of misappropriating cooperative funds, leading to the delay in the session. One HoR member remained neutral. Speaker Dev Raj Ghimire announced that Prachanda had won the floor test as he got a majority in Parliament.
This was the fourth time that Prachanda sought a vote of confidence in the House since he assumed prime ministership in December 2022.
The vote comes days after one of the coalition partners, Janata Samajbadi Party (JSP), withdrew its support last week for his government while quitting the coalition government.
Earlier, the voting had to be delayed due to obstructions caused by the Nepali Congress, which has been demanding the formation of a Parliamentary probe committee to investigate Lamichhane’s alleged involvement in the scam.
According to constitutional provisions, a prime minister has to take a vote of confidence after an ally withdraws support to the ruling coalition.
Earlier on March 13, Prime Minister Dahal won his third consecutive vote of confidence, days after he dumped the Nepali Congress and forged a new alliance with the Communist Party of Nepal (Unified Marxist-Leninist).
Last year, Prachanda faced a floor test after former prime minister KP Sharma Oli-led CPN-UML withdrew its support to the Prachanda-led government following a rift over backing the main opposition party’s candidate for the presidential poll.
Prachanda is serving a third time as prime minister, although he did not complete the full five-year term during previous stints.
In the past few decades, three big parties the Nepali Congress, the CPN-UML, and the Maoist Centre have ruled the country turn by turn, forever changing coalitions and partners at their convenience.
Nepal has had 13 governments since it abolished its 239-year-old monarchy in 2008 and became a republic.
National, Politics

Violence mars fifth phase of polls in Bengal, 73% voter turnout till 5 pm

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 The voters’ turnout in Bangaon was 75.73 per cent till 5 pm on Monday, much lesser than 82.63% in 2019 and 84.14 in 2021

People wait in queues at a polling station to cast their votes for Karnataka Assembly elections

PTI, Kolkata, May 21 2024 : Scattered incidents of violence marred the fifth phase of Lok Sabha polls to seven parliamentary constituencies in West Bengal, with 73 per cent of the 12.5 million voters exercising their franchise till 5 pm on Monday, officials said.

Voter turnout was lesser than the previous four phases, and also in comparison to the 2019 Lok Sabha polls. The final voter turnout for this election, however, will be released later.

“Polling was more or less peaceful, barring a few scattered incidents of violence in some constituencies. But we took immediate steps to address those,” state Chief Electoral Officer (CEO) Ariz Aftab told PTI.

Although no major incident was reported, scattered disturbances could not be averted despite the poll body deploying over 60,000 personnel of central forces, in addition to around 30,000 policemen, the highest number of security forces deployed in any of the phases so far in the state, the official said, adding a total of 1,992 complaints were received.

Arambagh Lok Sabha constituency registered the highest turnout of 76.90 per cent till 5 pm, which was lesser than 82.57 per cent recorded in 2019 and 85.10 per cent in the 2021 assembly polls.

The voters’ turnout in Bangaon was 75.73 per cent till 5 pm on Monday, much lesser than 82.63 per cent in 2019 and 84.14 in 2021, he said.

Uluberia recorded 74.50 per cent turnout, lesser than 81.16 per cent in 2019 and 83.87 per cent in the 2021 polls. The voter turnout was 74.17 per cent for Hooghly, lesser than 82.47 per cent in 2019 and 83.12 in 2021..

Serampore registered a voter turnout of 71.18 per cent. The figure was 78.48 per cent in 2019 and 79.35 per cent in 2021.

Barrackpore, which recorded 68.84 per cent turnout, had registered 76.92 per cent voting in 2019 and 76.24 per cent in 2021, the official said.

Howrah recorded 68.84 per cent, down from 74.78 per cent in 2019 and 75.59 in 2021.

Polling began at 7 am and continued till 6 pm.

In Hooghly constituency, BJP’s sitting MP and party candidate Locket Chatterjee faced protests from TMC activists led by TMC MLA Ashima Patra.

As Chatterjee was on her way to a booth, TMC activists staged protests and raised “chor chor (thief thief) slogans, following which, the BJP MP got down from her car and shouted counter slogans.

A huge contingent of police and central forces rushed to the spot and prevented the situation from escalating.

In Barrackpore, BJP candidate and MP Arjun Singh faced protests outside a booth. TMC activists showed black flags and raised slogans against him.

As Singh protested against the slogans, clashes ensued between the TMC and BJP supporters. The central police personnel accompanying Singh and present outside the booth resorted to baton charge to disperse the mob.

BJP leader Kaustav Bagchi also faced protests while on his way to Titagarh as his car was pelted with stones. One person was arrested in connection with the incident.

Sporadic incidents of violence were reported from various parts of Howrah constituency.

A fake voter was nabbed in Bally and a polling agent arrested was arrested in Ghushuri.

A president officer was also removed for allegedly molesting a female polling agent, the official said.

On an incident of a central force personnel allegedly molesting a local woman in Uluberia, he said that the entire group of security forces deployed at the polling station was shifted from there to another constituency.

A total of 12.5 million voters, including 6.172 million women and 348 transgender persons, were eligible to exercise their franchise in 13,481 polling stations.

The commission had designated over 57 per cent of the polling stations as sensitive.

Altogether 88 candidates were in the fray in the fifth phase, with the highest number of 15 contestants in Bongaon.

National, Politics

Supreme Court refuses to entertain plea against new criminal laws, allows withdrawal of petition

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The Bharatiya Nyaya Sanhita encompasses offences, such as acts of secession, armed rebellion, subversive activities, separatist activities or endangering the sovereignty or unity of the country, in a new avatar of the sedition law

PTI, New Delhi, 20.05.24 : The Supreme Court on Monday refused to entertain a petition which challenged the enactment of three new laws that seek to overhaul India’s penal codes.

A vacation bench of Justices Bela M Trivedi and Pankaj Mithal allowed petitioner advocate Vishal Tiwari to withdraw the plea.

The Lok Sabha, on December 21 last year, passed three key legislations — the Bharatiya Nyaya (Second) Sanhita, the Bharatiya Nagarik Suraksha (Second) Sanhita and the Bharatiya Sakshya (Second) Bill. President Droupadi Murmu gave her assent to the bills on December 25.

These new laws — the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Act — will replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC) and the Indian Evidence Act respectively.

At the outset, the bench told Tiwari, “We are dismissing it (petition)”.

The bench said these laws have not come into force so far.

As the court showed its disinclination to entertain the plea, Tiwari urged that he be allowed to withdraw the petition.

“The petition has been filed in a very casual and cavalier manner,” the bench observed, adding, “If you had argued more, we would have dismissed it with cost but since you are not arguing, we are not imposing cost”. Seeking a stay on the operation of the three new laws, the PIL filed by Tiwari had claimed they were enacted without any parliamentary debate as most of the opposition members were under suspension.

The plea had sought directions from the court for the immediately constitution of an expert committee that will assess the viability of the three new criminal laws.

“The new criminal laws are far more draconian and establish a police state in reality and violate every provision of fundamental rights of the people of India. If the British laws were considered colonial and draconian, then the Indian laws stand now far more draconian as, in the British period, you could keep a person in police custody for a maximum of 15 days. Extending 15 days to 90 days and more is a shocking provision enabling police torture,” the plea had claimed.

The Bharatiya Nyaya Sanhita encompasses offences, such as acts of secession, armed rebellion, subversive activities, separatist activities or endangering the sovereignty or unity of the country, in a new avatar of the sedition law.

According to the new laws, anyone purposely or knowingly, by words, either spoken or written, or by signs, by visible representation, by electronic communication, by use of financial means, or otherwise, excites or attempts to excite secession or an armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers the sovereignty or unity and integrity of India or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment that may extend to seven years and shall also be liable to fine.

According to IPC section 124A, which deals with sedition, anyone involved in the crime may be punished with life imprisonment or with a three-year jail term.

Also, for the first time, the word “terrorism” has been defined in the Bharatiya Nyaya Sanhita. It was absent in the IPC. Under the new laws, the magistrate’s power to impose fines has been increased as well as the scope for declaring a proclaimed offender.
Crime, Misc, National, Politics

SC to hear today plea against newcriminal laws passed by Parliament

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PTI, New Delhi, May 19, 2024 : The Supreme Court is scheduled to hear on Monday a petition challenging the enactment of three new laws that seek to overhaul India’s penal codes claiming that they suffer from many “defects and discrepancies”.

    
A vacation bench of Justices Bela M Trivedi and Pankaj Mithal is likely to hear the matter.
   
The Lok Sabha, on December 21 last year, passed three key legislations — the Bharatiya Nyaya (Second) Sanhita, the Bharatiya Nagarik Suraksha (Second) Sanhita and the Bharatiya Sakshya (Second) Bill. President Droupadi Murmu gave her assent to the bills on December 25.

These new laws — the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Act — will replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC) and the Indian Evidence Act respectively.

Seeking a stay on the operation of the three new laws, the PIL filed by advocate Vishal Tiwari has said they were enacted without any parliamentary debate as most of the opposition members were under suspension.

The plea has sought directions from the court for the immediately constitution of an expert committee that will assess the viability of the three new criminal laws.

“The new criminal laws are far more draconian and establish a police state in reality and violate every provision of fundamental rights of the people of India. If the British laws were considered colonial and draconian, then the Indian laws stand now far more draconian as, in the British period, you could keep a person in police custody for a maximum of 15 days. Extending 15 days to 90 days and more is a shocking provision enabling police torture,” the plea has said.

The Bharatiya Nyaya Sanhita encompasses offences, such as acts of secession, armed rebellion, subversive activities, separatist activities or endangering the sovereignty or unity of the country, in a new avatar of the sedition law.

According to the new laws, anyone purposely or knowingly, by words, either spoken or written, or by signs, by visible representation, by electronic communication, by use of financial means, or otherwise, excites or attempts to excite secession or an armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers the sovereignty or unity and integrity of India or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment that may extend to seven years and shall also be liable to fine.

According to IPC section 124A, which deals with sedition, anyone involved in the crime may be punished with life imprisonment or with a three-year jail term. Under the new laws, “Rajdroh” has got a new term, “Deshdroh”, doing away with the reference to the British crown. Loosely explained, “Rajdroh” refers to a rebellion or an act against the ruler, while “Deshdroh” represents such acts against the nation.

Also, for the first time, the word “terrorism” has been defined in the Bharatiya Nyaya Sanhita. It was absent in the IPC. Under the new laws, the magistrate’s power to impose fines has been increased as well as the scope for declaring a proclaimed offender.
Politics, West Bengal

EC issues notices to BJP’s West Bengal chief over ads targeting TMC : Majumdar has been asked to respond by 5 pm on May 21

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Majumdar has been asked to respond by 5 pm on May 21

PTI, May 18, 2024  : The Election Commission on Saturday issued two separate show-cause notices to West Bengal BJP chief Sukanta Majumdar for “misleading” advertisements targeting the state’s ruling TMC.


The poll watchdog has sought his response as to why the two advertisements should not be treated as violative of the model code of conduct and its advisory to political parties.

Majumdar has been asked to respond by 5 pm on May 21.

According to the English transcript provided in the notices, one advertisement is titled “Trinamool is root cause of corruption” while the other is titled “Anti-Sanatan Trinamool”.

The Trinamool Congress (TMC) had approached the Election Commission against the advertisements.

While issuing the notices, the poll watchdog reminded the BJP leader about the provisions of the model code of conduct, which deals with criticism based on unverified allegations, and its recent advisory to parties that states unverified and misleading advertisements should not be published in the media.  
Politics, Regional, Religion, West Bengal

‘Never indulged in politics’: Bengal monks dismiss Mamata’s allegation : Mamata accused some monks of working in favour of BJP

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PTI, May 19, 2024 : Amid a raging controversy over West Bengal Chief Minister Mamata Banerjee accusing some monks of two prominent monastic orders of working in favour of the BJP in the elections, the religious bodies on Sunday claimed that they have always stayed away from politics and never sought votes for candidates of any party.


Banerjee, the Trinamool Congress supremo, had in an election rally on Saturday alleged that some monks of two prominent monastic orders in West Bengal were working “under instructions of the BJP”.

Banerjee had alleged that some monks of Ramakrishna Mission had asked devotees in Asansol to vote in favour of BJP, while a monk of Bharat Sevashram Sangha had forbidden a TMC agent to sit at a polling station in Baharampur in Murshidabad.

Referring to the allegations, Prime Minister Narendra Modi, at a rally in Purulia on Sunday, said that TMC has gone “beyond limits” by spreading canards against Ramakrishna Mission and Bharat Sevashram Sangha and that Banerjee was “threatening them” to appease her vote bank.

Both Ramakrishna Mission and Bharat Sevashram Sangha dismissed the allegations and asserted that they focus only on service to the society.

A senior monk at Ramakrishna Mission’s headquarters at Belur said, “We are pained and anguished at the insinuations… we do not wish to be implicated in any controversy… thousands of visitors from all walks of life come to our premises to pray and meditate, including the PM and the CM… everyone is same for us.”

“We try to spread among people the eternal values of religion and spiritualism. To my knowledge, neither the mission nor any monk of our order had asked anyone to vote for any particular party,” he added.

A spokesperson of the Bharat Sevashram Sangha said, “From cyclones to COVID, we have always rushed to the aid of the affected in far flung areas. We are a 107-year-old organisation and our monks run charitable health clinics, hospitals and educational institutions across the country. Neither had we ever been involved in politics nor we will be in the future.”

Leader of Opposition, Suvendu Adhikari, said in a post on X, “I stand with Bharat Sevashram Sangha, I stand with ISKCON, I stand with all revered Hindu monks.”

Adhikari later told reporters that the monks are widely revered by people of West Bengal and respected by all communities for their service to the poor.

“Her statement was condemned by all,” Adhikari said.

State Congress president Adhir Ranjan Chowdhury said that Banerjee’s comments showed “how she uses monks for her own political interest and when ties sour for some reason, she speaks against them”.

“The monk concerned (of Murshidabad) against whom she levelled charges used to be very close to her. She had even used him against me in the 2019 Lok Sabha polls. Apparently, their equations have changed with the emergence of the BJP,” he alleged. 
National, Politics, Regional, West Bengal

TMC insulting faith of Hindus, infiltrators changing demography of Bengal: Modi

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PTI, Medinipur (WB), May 19 2024 : Prime Minister Narendra Modi on Sunday accused the TMC of insulting the faith of Hindus to appease its vote bank and asserted that infiltrators are “perilous” to West Bengal since they are “disturbing” the demography of the state.
Addressing his third election rally in West Bengal during the day, the Prime Minister said, “Infiltrators, who are the vote bank of the TMC, is a threat to the state as in many areas, Hindus have become fewer in number.”
“In Bengal, TMC is synonymous with terrorism, corruption, appeasement and nepotism. To appease its vote bank, the TMC is insulting the Hindu society and its faith. The entire country is angry due to the recent derogatory statement made by West Bengal CM,” he said at the Medinipur rally.
Modi was referring to Chief Minister Mamata Banerjee’s recent remarks against Ramakrishna Mission and Bharat Sevashram Sangha.
The PM said that ongoing infiltration in West Bengal is “fast changing the demography” of the state.
“TMC’s appeasement has disturbed Bengal’s demography. Infiltration has disturbed the state’s demography. The TMC calls people from other states ‘outsiders’. However, it embraces infiltrators,” he said.
He also said, “Infiltrators are perilous to Bengal since they are disturbing the state’s demography. In many parts, Hindus have become a minority.”
Modi alleged, “Infiltrators are capturing the land of Dalits and the underprivileged. Our daughters and sisters are not safe anymore.”
The Prime Minister said in areas where infiltrators are in majority, “the TMC considers those as safe seats.”
“The TMC government kowtowing before its vote bank doesn’t deserve your votes. Teach TMC a lesson in this election,” he said.
Criticising the TMC for opposing the CAA in Bengal, Modi said, “Due to vote bank politics, they are opposing it.”
“The TMC welcomes infiltrators, but the West Bengal CM opposes the persecuted Hindus from neighbouring countries getting citizenship. I had promised to give citizenship to these refugee families. They are our brothers and sisters. However, TMC opposes the CAA, stating that they will not let it be implemented in Bengal and withdraw it,” he said.
Reaching out to the Matua community of the state, who are expected to benefit most from the CAA, he said, “Till Modi is alive, you won’t be able to do anything against the CAA. CAA is a law to accord citizenship.”
“The TMC is spreading lies, claiming that it will revoke citizenship as soon as the forms are filled,” he said.
Earlier, while addressing an election rally at Bishnupur, Modi said, “The refugee families of West Bengal will also soon get their citizenship under the CAA.”
“I am happy that the first batch has received citizenship under the CAA,” he said.
The first set of citizenship certificates under the Citizenship (Amendment) Act was issued Wednesday in New Delhi to 14 people, nearly two months after rules under the contentious law were notified to grant Indian nationality to persecuted non-Muslim migrants from three neighbouring countries.
This comes in the midst of the general elections which started on April 19. The last phase of polling will be held on June 1 while counting will take place on June 4.
The CAA was enacted in December 2019 for granting Indian nationality to persecuted Hindu, Sikh, Jain, Buddhist, Parsi and Christian migrants from Bangladesh, Pakistan and Afghanistan who came to India on or before December 31, 2014.
After the enactment, the CAA got the president’s assent but the rules under which the Indian citizenship was granted were issued on March 11 after over a delay of four years.
National, Politics

Fifth phase: Voting to be held today on 49 LS seats; Amethi, Rae Bareli among high-profile contests; EC flags urban apathy

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 The Election Commission on Sunday said 89.5 million electors would be eligible to cast their voters on the 49 seats. Simultaneous polling for 35 Assembly seats will be held in Odisha

PTI, 19 May 2024 : Polling will be held on Monday in 49 constituencies in six states and two UTs in the fifth phase of Lok Sabha elections that will decide the electoral fate of several prominent leaders like former Congress president Rahul Gandhi, Union ministers Rajnath Singh and Smriti Irani and former J-K chief minister Omar Abdullah.
Over 8.95 crore people, including 4.26 crore females and 5,409 third-gender electors, are eligible to vote in this round and 9.47 lakh polling officials have been deployed across 94,732 polling stations.
Among the seats going to polls, 13 are in Maharashtra, 14 in Uttar Pradesh, seven in West Bengal, five in Bihar, three in Jharkhand, five in Odisha, one in J-K and the lone seat in Ladakh. This round covers the least number of seats (49) in the seven-phase elections.
It is another important phase for the BJP as over 40 of these seats were with the National Democratic Alliance (NDA).
On the eve of poling, the Election Commission on Sunday pointed out that Mumbai, Thane and Lucknow have shown apathy towards voting in the past and asked city dwellers there to turn out in higher numbers.
The poll authority noted that in the past these cities have “suffered” from urban apathy in voting. “The Commission especially calls upon these city dwellers to erase the stigma by turning out in higher numbers,” it said.
So far, the last four phases have registered a total voter turnout of 66.95 per cent.
Other prominent candidates include Union ministers Piyush Goyal (Mumbai North, Maharashtra), Sadhvi Niranjan Jyoti (Fatehpur, UP) and Shantanu Thakur (Bangaon, WB); LJP (Ram Vilas) leader Chirag Paswan (Hajipur, Bihar), Shiv Sena’s Shrikant Shinde (Kalyan, Maharashtra), and BJP’s Rajiv Pratap Rudy and RJD president Lalu Prasad’s daughter Rohini Acharya (both Saran, Bihar).
Voting will also be held in 35 assembly constituencies in Odisha, where BJD president and Chief Minister Naveen Patnaik is among the candidates.
In Maharashtra, where polling will be held in 13 Lok Sabha constituencies, including six in Mumbai, Piyush Goyal, Bharati Pawar (Dindori) and Kapil Patil (Bhiwandi) are among the key nominees of the BJP, which has also fielded prominent lawyer Ujjwal Nikam (Mumbai North Central).
Shiv Sena’s Shrikant Shinde (Kalyan) and city Congress chief Varsha Gaikwad (Mumbai North Central) are also among the candidates in this phase, which is the last for the state in this election.
In Uttar Pradesh, Rajnath Singh (Lucknow), Irani (Amethi), Jyoti, Kaushal Kishor (Mohanlalganj) and Bhanu Pratap Singh Verma (Jalaun) are the five Union ministers in the fray. Voting will also take place for the assembly bypolls to the Lucknow East assembly constituency.
Rahul Gandhi, who has contested from Wayanad in Kerala, is also in the fight for Rae Bareli, a Nehru-Gandhi family pocket borough represented by his mother Sonia Gandhi since 2004. The BJP has fielded UP minister Dinesh Pratap Singh.
In Amethi, Irani, who had defeated Rahul Gandhi in 2019, is seeking a second term, while KL Sharma, an aide of the Gandhi family, has been fielded by the Congress.
Senior BJP leader Rajnath Singh is eyeing a fourth term from Lucknow. He is up against SP MLA from Lucknow Central Ravidas Mehrotra.
In the Faizabad Lok Sabha seat, which covers the temple town of Ayodhya, the electoral contest is mainly between sitting BJP MP Lallu Singh, who is seeking a hat-trick, and Awadhesh Prasad, the SP MLA from Milkipur (SC) assembly constituency in Ayodhya.
In Baramulla, besides Omar Abdullah, former separatist Sajad Lone, ex-MLA Sheikh Abdul Rashid alias ‘Engineer Rashid’, currently lodged in the Tihar jail, and the PDP’s former Rajya Sabha member Fayaz Ahmad Mir are among the 21 others contesting.
More than 500 centenarians are among the 17.37 lakh voters eligible to exercise their franchise in the constituency, with political observers expecting a high turnout on the back of the huge crowds that thronged election rallies and roadshows in the first major political battle post the abrogation of Article 370 in 2019.
In Ladakh, Congress candidate Tsering Namgyal, BJP’s Tashi Gyalson, and Independent candidate and NC rebel Haji Hanifa Jan are locked in a keen contest.
Security has been stepped up in West Bengal’s seven constituencies which have a history of election-related violence, with over 57 per cent of the polling stations identified as sensitive in this phase, the highest till now in this Lok Sabha election.
Over 60,000 personnel of central forces and around 30,000 personnel of the state police, have been deployed, which is more than in the four previous phases in the state, an official said.
BJP’s Arjun Singh, who has been in and out of the saffron party and the Trinamool Congress on four occasions in the last five years, is taking on West Bengal minister Partha Bhowmick in Barrackpore in a bid to retain the seat he won in 2019.
Actor Rachana Banerjee has been fielded by the TMC to stop actor and BJP candidate Locket Chatterjee from winning a straight second term from Hooghly.
In Serampore, the TMC’s sitting MP Kalyan Banerjee is fighting against the BJP’s Kabir Shankar Bose.
Voting will take place in Saran, Muzaffarpur, Hajipur, Sitamarhi and Madhubani Lok Sabha seats of Bihar, which are all with the NDA.
In Hajipur, the primary contest is between Chirag Paswan, whose late father Ram Vilas Paswan had won the seat eight times, and RJD’s Shiv Chandra Ram, a former MLA and ex-minister in the state.
Former Union minister Rajiv Pratap Rudy’s bid to score a hat-trick in Saran has been challenged by RJD president Lalu Prasad’s daughter Rohini Acharya, who had donated her kidney to her father.
Voting in three Jharkhand Lok Sabha constituencies Chatra, Koderma and Hazaribag and by-election in Gandey assembly seat, where Kalpana Soren, the wife of jailed former Jharkhand chief minister Hemant Soren, is contesting, will take place on Monday.
An interesting fight is expected in the Koderma Lok Sabha seat where Union Minister and BJP candidate Annapurna Devi is up against Communist Party of India (Marxist-Leninist) Liberation nominee Vinod Singh, an MLA from Bagodar assembly constituency.
In Odisha, CM Patnaik is contesting from two assembly segments — Hinjili under the Aska Lok Sabha seat in Ganjam district and Kantabanji under the Bolangir parliamentary constituency.
Apart from Patnaik, major contestants include around half a dozen Odisha ministers, BJP’s sitting MPs Jual Oram and Sangeeta Singh Deo, BJD MP Achyut Samant and former Indian Hockey captain Dilip Tirkey.
Around 45.1 crore electors have exercised their franchise in the last four phases.
Polling for 23 states and Union territories and 379 seats has been completed so far.
The sixth and seventh phases are on May 25 and June 1 respectively. The counting of votes is on June 4.