SC flays use of 'excessive force' in disturbed areas

July 9, 2016

New Delhi, Jul 9: The Supreme Court on Friday said the use of “excessive force” by armed forces or police was not permissible in ‘disturbed areas’ under the AFSPA.

sc
Observing that the situation in Manipur has “never been one of war”, the court said killing citizens on suspicion that they are the “enemy” gravely endangers the democracy.

While dealing with a PIL, which complained of 1,528 extra-judicial killings in the state from 2000 to 2012 by security forces and police, it said, “If members of our armed forces are deployed and employed to kill citizens of our country on the mere allegation or suspicion that they are ‘enemy’, not only the rule of law, but our democracy would be in grave danger.”

The court, which directed a thorough probe into charges of fake encounter killings, said an inquest was needed “to know the truth” in Manipur where “we need to be clear that the situation has never been one of a war or an external aggression or an armed rebellion that threatens the security of the country or a part thereof.”

Delivering an 85-page verdict, the top court said “the public order situation in Manipur is, at best, an internal disturbance”. A bench of Justices M B Lokur and U U Lalit said that before branding a person a terrorist or insurgent, “there must be a commission or some attempt or semblance of a violent overt act”.

It said the armed forces “do not supplant the civil administration but only supplement it” and added that their deployment was “intended to restore normalcy and it would be extremely odd if normalcy was not restored within some reasonable period, certainly not an indefinite period or an indeterminate period”.

“A distinction must be drawn between the right of self defence or private defence and use of excessive force or retaliation. Very simply put, the right of self defence or private defence is a right that can be exercised to defend oneself but not to retaliate,” the bench said.

The bench also referred to an earlier verdict which cautioned against use of retaliatory force even against a dreaded criminal.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
December 22,2025

The Bharatiya Janata Party (BJP) received ₹6,654.93 crore in donations during the 2024-25 financial year — a Lok Sabha election year — registering a 68 per cent increase over the previous fiscal.

In its annual contribution report submitted to the Election Commission on December 8, two days ahead of the deadline, the BJP disclosed all donations exceeding ₹20,000. The report, now available on the Commission’s website, covers contributions received between April 1, 2024 and March 30, 2025 — a period marked by the general election and Assembly polls in Arunachal Pradesh, Sikkim, Andhra Pradesh, Odisha, Jammu and Kashmir, Haryana, Jharkhand, Maharashtra and Delhi.

The BJP, the world’s largest political party by membership, had reported donations of ₹3,967 crore in 2023-24. The latest figures represent the party’s highest donation receipts in the last five years.

Electoral trusts accounted for around 40 per cent of the BJP’s total donations. The Prudent Electoral Trust contributed ₹2,180 crore, followed by the Progressive Electoral Trust with ₹757 crore and the New Democratic Electoral Trust with ₹150 crore. Contributions from other electoral trusts together amounted to ₹3,112.5 crore. The remaining funds came from corporate donors and individuals. Electoral trusts are entities set up by companies to channel donations to political parties.

Among major corporate contributors, Serum Institute of India donated ₹100 crore, Rungta Sons Private Limited ₹95 crore, Vedanta ₹67 crore, and Macrotech Developers (formerly Lodha Developers) ₹65 crore. Three Bajaj Group companies together contributed ₹65 crore, while Derive Investments donated ₹50 crore.

Other notable donors included Malabar Gold (₹10 crore), Kalyan Jewellers (₹15.1 crore), Hero Group (₹23.65 crore), Dilip Buildcon Group (₹29 crore), ITC Limited (₹35 crore), Wave Industries (₹5.25 crore) and Zerodha’s investment firm, promoted by Nikhil Kamath, which contributed ₹1.5 crore.

Several BJP leaders also made individual donations. Assam Chief Minister Himanta Biswa Sarma donated ₹3 lakh, Assam minister Pijush Hazarika ₹2.75 lakh, Union Education Minister Dharmendra Pradhan ₹1 lakh, Odisha Chief Minister Mohan Charan Majhi ₹5 lakh, Indore Mayor Pushyamitra Bhargava ₹1 lakh, and Akash Vijayvargiya, son of senior BJP leader Kailash Vijayvargiya, also donated ₹1 lakh, among others.

In contrast, most opposition parties reported a sharp decline in donations. The Congress received ₹522.13 crore in 2024-25, a fall of about 43 per cent from ₹1,129 crore in the previous year. The Trinamool Congress saw donations drop to ₹184.08 crore from ₹618.8 crore, while the Bharat Rashtra Samithi reported just ₹15.09 crore, down from ₹580 crore.

The Aam Aadmi Party, however, recorded an increase, collecting ₹39.2 crore compared to ₹22.1 crore last year. The Telugu Desam Party received ₹85.2 crore in donations, down from ₹274 crore, but also earned ₹102 crore through fees and subscriptions. The Biju Janata Dal reported ₹60 crore in donations, compared to ₹246 crore in the previous fiscal.

The 2024-25 financial year is also the first without electoral bonds, after the Supreme Court struck down the scheme as unconstitutional in February 2024. Since its introduction in 2018, the electoral bond scheme had enabled political parties to receive over ₹16,000 crore in anonymous donations, with the BJP receiving the largest share. 

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
December 21,2025

hadith.jpg

Invoking the teachings of Prophet Muhammad—“pay the worker before his sweat dries”—the Madras High Court has directed a municipal corporation to settle long-pending legal dues owed to a former counsel. The court observed that this principle reflects basic fairness and applies equally to labour and service-related disputes.

Justice G. R. Swaminathan made the observation while hearing a petition filed by advocate P. Thirumalai, who claimed that the Madurai City Municipal Corporation failed to pay him legal fees amounting to ₹13.05 lakh. Earlier, the High Court had asked the corporation to consider his representation. However, a later order rejected a major portion of his claim, prompting the present petition.

The court allowed Thirumalai to approach the District Legal Services Authority (DLSA) and submit a list of cases in which he had appeared. It also directed the corporation to settle the verified fee bills within two months, without interest. The court noted that the petitioner had waited nearly 18 years before challenging the non-payment and that the corporation could not be fully blamed, as the fee bills were not submitted properly.

‘A Matter of Embarrassment’

Justice Swaminathan described it as a “matter of embarrassment” that the State has nearly a dozen Additional Advocate Generals. He observed that appointing too many law officers often leads to unnecessary allocation of work and frequent adjournments, as government counsel claim that senior officers are engaged elsewhere.

He expressed hope that such practices would end at least in the Madurai Bench of the High Court and added that Additional Advocate Generals should “turn a new leaf” from 2026 onwards.

‘Scandalously High Amounts’

While stating that the court cannot examine the exact fees paid to senior counsel or law officers, Justice Swaminathan stressed that good governance requires public funds to be used prudently. He expressed concern over the “scandalously high amounts” paid by government and quasi-government bodies to a few favoured law officers.

In contrast, the court noted that Thirumalai’s total claim was “a pittance” considering the large number of cases he had handled.

Background

Thirumalai served as the standing counsel for the Madurai City Municipal Corporation for more than 14 years, from 1992 to 2006. During this period, he represented the corporation in about 818 cases before the Madurai District Courts.

As the former counsel was unable to hire a clerk to obtain certified copies of judgments in all 818 cases, the court directed the District Legal Services Authority to collect the certified copies within two months. The court further ordered the corporation to bear the cost incurred by the DLSA and deduct that amount from the final settlement payable to the petitioner.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
December 16,2025

bengal.jpg

The deletion of over 58 lakh names from West Bengal’s draft electoral rolls following a Special Intensive Revision (SIR) has sparked widespread concern and is likely to deepen political tensions in the poll-bound state.

According to the Election Commission, the revision exercise has identified 24 lakh voters as deceased, 19 lakh as relocated, 12 lakh as missing, and 1.3 lakh as duplicate entries. The draft list, published after the completion of the first phase of SIR, aims to remove errors and duplication from the electoral rolls.

However, the scale of deletions has raised fears that a large number of eligible voters may have been wrongly excluded. The Election Commission has said that individuals whose names are missing can file objections and seek corrections. The final voter list is scheduled to be published in February next year, after which the Assembly election announcement is expected. Notably, the last Special Intensive Revision in Bengal was conducted in 2002.

The development has intensified the political row over the SIR process. Chief Minister Mamata Banerjee and her Trinamool Congress have strongly opposed the exercise, accusing the Centre and the Election Commission of attempting to disenfranchise lakhs of voters ahead of the elections.

Addressing a rally in Krishnanagar earlier this month, Banerjee urged people to protest if their names were removed from the voter list, alleging intimidation during elections and warning of serious consequences if voting rights were taken away.

The BJP, meanwhile, has defended the revision and accused the Trinamool Congress of politicising the issue to protect what it claims is an illegal voter base. Leader of the Opposition Suvendu Adhikari alleged that the ruling party fears losing power due to the removal of deceased, fake, and illegal voters.

The controversy comes amid earlier allegations by the Trinamool Congress that excessive work pressure during the SIR led to the deaths by suicide of some Booth Level Officers (BLOs), for which the party blamed the Election Commission. With the draft list now out, another round of political confrontation appears imminent.

As objections begin to be filed, the focus will be on whether the correction mechanism is accessible, transparent, and timely—critical factors in ensuring that no eligible voter is denied their democratic right ahead of a crucial election.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.