People in distress, act fast or there might be riots, SC warns Centre

November 19, 2016

New Delhi, Nov 19: The Supreme Court warned on Friday that people standing in long queues for hours every day for scarce cash could turn riotous, as it asked the Centre to take urgent measures to end their ordeal.

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"It is a serious issue. This affects the entire population. You (the government) cannot deny there is a serious problem. There could be riots," a bench of Chief Justice TS Thakur and Justice AR Dave said, drawing a sharp retort from attorney general Mukul Rohatgi.

The bench also declined the Centre's plea to restrain all other courts and high courts from entertaining petitions challenging demonetisation and criticised thedecision to bring down the maximum amount that could be converted against the outlawed notes of Rs 500 and Rs 1,000 from Rs 4,500 to Rs 2,000.

The Centre argued that HCs taking up legal challenges would result in multiple litigations. The bench, however, said the pleas seeking the intervention of courts reflected the "distress".

Rohatgi replied, "There is no riot. People have supported the government's move to demonetise high value currency notes to flush out black money. There are political reasons that the issue is raised in this matter by the petitioners to fuel unrest."

The bench also criticised the government for reducing the daily cash exchange limit to Rs 2,000, after the court had asked if the limit could be raised from Rs 4,500.

Senior advocate Kapil Sibal, appearing for the petitioners who have questioned the legality of demonetisation, seized upon the bench's remark about riots to criticise the Centre. "The government just did not have the capacity to print new currency notes. They should have taken this into account and taken steps to avoid putting people into untold harassment," he said.

"Daily labourers are not getting paid, tea garden workers are not getting their salaries, people in rural areas have to walk long distances to reach banks and ATMs only to be told that these have run out of cash. It is a serious situation. Transporters are suffering. Trucks are standing idle without cash. India is a cash-based economy and the government has hurt it badly by freezing cash circulation," senior advocate Kapil Sibal said in the Supreme Court on Friday. He was appearing for petitioners who have questioned the legality of demonetisation.

Attorney general Mukul Rohatgi said demonetisation was not the issue up for hearing on Friday. "The Centre has moved an application seeking an omnibus order from the SC to restrain all other courts and high courts from entertaining any petition on demonetisation. Let the SC decide the issue and let there not be multiple proceedings across the country," he said.

The bench refused. "The situation shows the kind of problem people are facing. They are distressed. So, let the petitions be filed. We cannot shut out people from going to courts to register their grievances. What can be done is transfer of all petitions to Delhi high court. But for that, the Centre has to file a transfer petition," it said. The AG said he would soon file a petition seeking transfer of the cases to Delhi HC.

Before this, the bench told the AG, "During the hearing on Tuesday, we had requested you to examine whether daily cash exchange limit could be raised from Rs 4,500. But the government has reduced it to Rs 2,000 a day now. Why? Is there short supply of currency notes, even Rs 100 notes? We do not understand this. The government promised in court to give relief to people but reduced the cash exchange limit."

The AG said the government at the highest level was monitoring the situation daily and coming out with steps to ease the situation. He said the cash withdrawal limit for farmers, firms and those having marriages in the family had been raised. "Steps are being taken keeping in view the situation, requirement and the capacity to print new currency notes. The queues have started reducing. Things will normalise soon," he said.

The court said it would take up the issue for further hearing on November 25.

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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 16,2024

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New Delhi:  Twenty-nine Maoists, including a senior rebel leader - Shankar Rao, who had a bounty of ₹ 25 lakh on his head - were killed by security forces during an encounter in Chhattisgarh's Kanker district on Tuesday afternoon. A huge quantity of weapons, including Ak-47 and INSAS rifles, were recovered. 

Three security personnel were injured in the gunfight, which took place in forests near the village of Binagunda after a joint team of District Reserve Guard and Border Security Force were attacked.

Two of the three injured are from the BSF. Their condition is stable but the third - from the DRG - is in critical care. All three received treatment at a local hospital and are to be shifted to a larger facility.

Sources said the fighting began at around 2 PM, when a joint DRG-BSF team was conducting an anti-Maoist operation. The DRG was set up in in 2008 to combat Maoist activities in the state, and the Border Security Force has been deployed extensively in the area to for counter-insurgency ops.

There was another encounter in the district last month, in which two people - a Maoist and a cop - were killed, and security forces recovered a gun, some explosives, and other incriminating materials.

Personnel from the DRG and Bastar Fighters, both units of the state police force, with the Border Security Force, were involved in that operation, officials told news agency PTI. The patrolling team was cordoning off a forested area when fired on indiscriminately, leading to the gun battle.

In November last year, while the state was voting in the first phase of an Assembly election, a gunfight broke out between security forces and Maoist rebels in the same district.

An Ak-47 rifle was recovered from the encounter site.

On the same day, while polling was taking place, Maoists fired at DRG personnel deployed near a polling station in Banda in Dantewada district.

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News Network
April 25,2024

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Kolkata: Defence Minister Rajnath Singh or Transport Minister Nitin Gadkari could have been the prime minister, said Trinamool Congress supremo and West Bengal chief minister Mamata Banerjee, subtly taking a dig at the Bharatiya Janata Party leaders relegated to the second rung of the organisational echelons.

Banerjee’s nephew and the TMC general secretary Abhishek Banerjee, on the other hand, attempted to stoke trouble within the BJP’s unit in West Bengal, saying that at least 10 more state legislators of the saffron party were keen to join his party and in touch with him.

"You (Rajnath Singh) are surviving at the mercy of Modi (Prime Minister Narendra Modi). You are saluting Modi daily to save your chair. You or Nitin Gadkari could have been the PM (prime minister) today," the TMC supremo said in an election rally at Ausgram in Bolpur Lok Sabha constituency on Wednesday. "There would have been no problem...at least there would have been a gentleman in the chair who knows minimum courtesy," she added.

Banerjee was responding to Singh’s diatribe against herself and the TMC government led by her. The defence minister, who had addressed an election rally in Murshidabad on Sunday, had criticised the TMC government for alleged corruption and anarchy in West Bengal.

Singh had referred to the attacks on the Enforcement Directorate officials on January 5 during a raid at the residence of the TMC leader Sheikh Shahjahan at Sandeshkhali in North 24 Parganas district of the state. It was followed by an agitation by local women protesting against atrocities by Shahjahan and his aides known to be owing allegiance to the TMC.

Singh questioned how the state government, led by a woman as the chief minister, could allow such atrocities on women to take place. He went on to say that Banerjee had lost all ‘mamata’ (affection and compassion) for people.

Banerjee shared a cordial relationship with Singh since the days when they both were ministers in the central government led by then Prime Minister Atal Bihari Vajpayee. Singh avoided personally criticising Banerjee in the past.

He, however, went ballistic against Banerjee on Sunday, triggering a strong response from the TMC supremo on Wednesday.

"The BJP is trying to get into the game of breaking parties, but they can't win in it. They poached two of our MPs, and we replied by taking two of their MPs, Arjun Singh and Babul Supriyo. Recently, by using ED raids, they inducted Tapas Ray. At least 10 top leaders of the BJP are in the queue to join the TMC," Abhishek said in another election rally in Murshidabad on Wednesday.

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