‘Wholly uncalled for’: Supreme Court slams Kerala for easing covid curbs during Eid

News Network
July 20, 2021

The Supreme Court on Tuesday, July 20, strongly slammed the decision taken by the State of Kerala to give relaxations in the COVID19 lockdown norms for three days on account of Bakrid (Eid-al-Adha)

The Court took a highly critical view of the State's decision to allow the opening of all shops in areas marked as Category D- where the COVID infection rates are critical with Test Positivity Rate above 15% - to function without any restrictions on July 19.

"The relaxation for one day to Category D areas was wholly uncalled for. In these circumstances, we direct the state of Kerala to give heed to Article 21 of the Constitution read with Article 141 of the Constitution and follow our directions given in the UP case. Also, pressure groups of all kinds, religious or otherwise, cannot in any interfere with this most fundamental right of all the citizens of India", the bench headed by Justice Nariman observed.

Since the relaxation was given for yesterday (July 19), the bench did not accept the applicant's prayer to quash the government order which allowed the same. However, the bench warned that if, as a result of this policy of the state, any untoward spread of COVID disease takes place, any member of the public can bring it to the notice of the Supreme Court.

"We may also indicate that if as a result of these policies, any untoward spread of COVID disease takes place, any member of public may bring this to the notice of this court, after which this court may take appropriate action", the bench said.

"To give in to pressure groups so that that the citizenry of India is then laid-bare to a nationwide pandemic discloses a sordid state of affairs", the bench added. The bench noted that in D category, strict restrictions similar to the weekend lockdown was otherwise in place.

"What is extremely alarming is the fact that in category D, where infection rates are above 15%, a full day of relaxation was granted, which was yesterday", the bench said. A category is places with TPR less than 5%, B with 5 % to 10% and C with 10 % to 15%.

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Ramesh Mishra
 - 
Thursday, 22 Jul 2021

COVID-19, PANDEMIC
The deadliest disease in modern history. the people of India are mostly not law abiding and they always violate the law and when caught red-handed then they use religion as the mask in their defence for violating the law. The people of India from each religion must learn to obey the law and order.
Ramesh Mishra
Victoria, BC, CANADA

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News Network
March 15,2024

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Bengaluru, Mar 15: Former Karnataka chief minister and senior BJP leader B S Yediyurappa was booked under the Protection of Children from Sexual Offences (Pocso) Act on Thursday for allegedly sexually assaulting a minor at his residence in Bengaluru last month.

Yediyurappa, 81, was booked after a woman lodged a complaint saying that she visited his residence on February 2 seeking justice in a rape case against her daughter and sought that a special investigation team (SIT) be formed to look into the case.

According to the first information report (FIR), Yediyurappa allegedly took the minor to a room, closed the door and sexually assaulted her. The woman further alleged in the FIR that when she confronted Yediyurappa, he said that he was checking if the girl was raped or not. Yediyurappa later allegedly apologised and asked the woman not to reveal the matter to anyone.

The Sadashivanagar police in Bengaluru have registered a case under Section 8 (commit sexual assault) of the Pocso Act and Section 354 (a) (sexual harassment) of the Indian Penal Code (IPC).

Reacting to the allegations, the former CM said that around one-and-a-half months ago, they (the victim and her mother) had come to his house seeking help and he had taken them inside. 

“After listening to her, I called the city police commissioner B Dayananda over phone seeking to address her problem. Later, they spoke against me and I then suspected that there is some health problem with her. I sent them to city police commissioner’s office. I even gave her some money as they were in distress. I came to know that an FIR has been registered and will look into it. But this is what I get for helping someone,” he added.

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News Network
March 22,2024

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New Delhi, Mar 22: The Aam Aadmi Party has made it clear that Arvind Kejriwal will remain the Delhi Chief Minister despite his arrest in the liquor policy case. While no law would stop the AAP leader from running the state from prison, the jail guidelines would make it extremely difficult.

Kejriwal was arrested yesterday by the Directorate of Enforcement (ED), following his avoidance of nine summons issued by the investigative agency in relation to the Delhi liquor policy case. 

The decision to apprehend Kejriwal transpired shortly after the High Court's denial of protection from arrest. With this development, Kejriwal becomes the second opposition Chief Minister to face arrest by the ED within a span of fewer than two months, following Jharkhand Chief Minister Hemant Soren's similar fate in January 2024 due to allegations in a graft case. Subsequently, Hemant Soren was replaced by his party colleague, Champai Soren.

Delhi government minister Atishi declared shortly after Kejriwal's arrest that he would not step down from his position. However, the legality and feasibility of a detained Chief Minister continuing to fulfill official duties warrant examination.

A former law officer of Delhi's Tihar Jail says that an inmate can only hold two meetings in a week, which would make it difficult for Mr Kejriwal to carry out his responsibilities as Chief Minister.

Can he run government from prison?

While theoretically plausible, governing from detention presents logistical challenges. However, there exists no explicit prohibition against a Chief Minister conducting official responsibilities while under arrest. Disqualification only occurs upon conviction.

The Representation of the People Act, 1951 outlines disqualification provisions for specific offenses, necessitating a conviction for those holding office.

Will centre impose president’s rule?

Constitution expert SK Sharma told TOI that there exists no specific legal provision mandating the automatic resignation of a state's Chief Minister upon arrest. He cited the example of former Bihar CM Lalu Prasad Yadav, who appointed his wife Rabri Devi as CM during his arrest. "Former Bihar CM Lalu Prasad Yadav made his wife Rabri Devi the CM of the state when he was arrested. More recently, Hemant Soren in Jharkhand also resigned. Calling cabinet meetings in the jail or review meetings with officials in his cell does not seem practical," said Sharma.

Sharma further indicated that if AAP persisted in retaining Kejriwal as CM, it could lead to a deadlock, potentially prompting the Centre to impose President's rule in Delhi.

What may happen next?

Despite AAP's unwavering stance on Kejriwal's continuation in office, internal sources say that potential successors, including Atishi and health minister Saurabh Bharadwaj. Atishi, known for her extensive portfolio and close ties to Kejriwal, alongside Bharadwaj, a prominent minister with significant responsibilities, emerged as likely contenders. Additionally, sources speculated about the surprise candidacy of Kejriwal's wife, Sunita, given her background as a revenue services officer and active involvement in party affairs.

However, finding a successor of comparable stature to Kejriwal, a national convener of the party and three-time Delhi CM, presents a formidable challenge for AAP.

Role of Delhi's Lieutenant Governor

Delhi's unique power structure, featuring an elected Chief Minister and a Lieutenant Governor appointed by the Centre, presents a complex scenario. Kejriwal's ability to continue as CM hinges on legal relief, failing which the Lieutenant Governor can seek Presidential intervention, potentially leading to the imposition of President's rule.

Recent cases demonstrate how denial of bail can compel resignation, highlighting the precarious position of arrested officials.

In light of these developments, the Lieutenant Governor could invoke 'failure of constitutional machinery' to justify President's rule, thereby bringing the national capital under direct Union government control until the end of the current Assembly's tenure in February 2025.

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News Network
March 17,2024

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Beltangady, Mar 17: A three-year-old boy was crushed to death under the wheels of an auto-rickshaw in front of his house at Panakaje Mundadi in Belthangady taluk of Dakshina Kannada. 

The gut-wrenching tragedy took place on Saturday, March 16 morning when the boy ran out of home to the road. 

The victim has been identified as Kaushik, the son of Chandrashekhar and Usha couple. Their home is situated adjacent to the main road at Panakaje.

It is learnt that the auto-rickshaw failed to notice the boy who suddenly darted towards the road and hit him. 

Even though the injured boy was rushed to a private hospital in Ujire and later to Mangaluru, he breathed his last. 

The Beltangady traffic police have registered a case in connection with the incident.

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