India

New Delhi, Oct 10 (IANS) The Supreme Court on Monday sought views of Attorney General R. Venkataramani on a plea seeking direction to the Centre to make appointment to the Law Commission of India, which had remained headless since September 2018.

A bench, headed by Chief Justice U.U. Lalit and comprising Justices S. Ravindra Bhat initially said it is not inclined to entertain the petition, as it cited the absence of statutory provision related to the appointment of the Law Commission. However, petitioner, advocate Ashwini Upadhyay requested the court to ask the AG to assist the court in the matter and it agreed with Upadhyay's suggestion.

The plea contended that since August 30, 2018, the Law Commission of India has been headless and even direction to it to examine important legal issues by the constitutional courts remained as a dead letter only.

The plea said, "Law Commission of India is not working since September 1, 2018 hence Centre doesn't have the benefit of recommendations from this specialised body on the different aspects of law, which are entrusted to the Commission for its study and recommendations. The Law Commission, on a reference made to it by the Centre, apex court & high courts, undertakes research in law and reviews existing laws for making reforms therein and enacting new legislations."

The petition, filed through advocate Ashwani Kumar Dubey, said the Law Commission not only identifies laws which are no longer needed or relevant and can be immediately repealed but also examine the existing laws in the light of Directive Principles of State Policy and suggest ways of improvement and reform. The plea added that although the Centre approved setting up of twenty second Law Commission on February 19, 2020, it has not appointed the Chairman and members.

The plea contended that the Law Commission conveys its views on any subject relating to law and judicial administration and also considers the requests for providing research to foreign countries.

"It takes all measures as may be necessary to harness law... and revise Central Acts of general importance so as to simplify them and remove anomalies, ambiguities and the inequities. The Law Commission has been able to make important contributions towards the progressive development and codification of Law of the country and it has so far submitted 277 reports," added the plea.

The Central government, in its response filed last year, said the appointment of Law Commission Chairman and members was under consideration with authorities concerned.

--IANS
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Guwahati, Oct 10 (IANS) Congress leader Mallikarjun Kharge on Monday took an indirect jibe towards his rival candidate Shashi Tharoor while visiting Assam to campaign for the upcoming Congress presidential election.

"Some people have been roaming with their own manifesto, but, why should I have it? In the Udaipur Chintan Shivir, a detailed roadmap for the party was prepared by the various internal committees. I have those declarations with me and once I sit in the Congress president's chair, I will implement these one by one."

"Decisions taken at Udaipur have declarations for all wings of Congress party like Youth Congress, Mahila Congress, etc. I will try to materialise those declarations taken by the leaders of our party," he said.

Stressing on his credentials for the Congress President's post, Kharge said that he has more than 50 years of experience working from the block level to a Congress Working Committee member to end as the Leader of the Opposition in the Rajya Sabha.

The veteran Congress leader also launched a sharp attack on BJP saying that the ruling party is doing a 'Bharat Todo' exercise in the country.

Citing his reason to contesting for the top party post, Kharge said that interim party chief Sonia Gandhi clearly declared that nobody from Gandhi family will compete for the post and party delegates will decide the next Congress President. She will not interfere in the whole process.

"Then our senior leaders and party workers reached out to me with a request to fight for the post because the BJP has been continuously instigating fights between communities, religion, etc. The democratic institutions are facing a threat from the ruling party and they have been undermining the country's constitution too," he said.

The senior Congress leader alleged that BJP has been trying to break the Congress in almost every state.

"They broke our government in at least 6-7 states like Karnataka, Maharashtra, Madhya Pradesh, Goa, Manipur, Arunachal, etc. In Gujarat, we had given them a strong fight in the last Assembly election, but there also, the BJP tried to do the same thing."

"When a party MLA or MP does not fall into their trap, BJP uses the ED, or the CBI against them or lure opposition leaders by promising to give some big responsibilities. This is a total insult to democracy. (Pandit Jawaharlal) Nehru ji was Prime Minister for such a long time but he never did such malicious things, instead, he used to show respect for opposition party leaders," Kharge told reporters here.

The Congress presidential candidate also criticised Prime Minister Narendra Modi for his desperation to campaign for the party.

"If Prime Minister has charisma, why he had to go for the campaign even in the corporation elections," he questioned.

--IANS
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Kolkata, Oct 10 (IANS) Congress leader Mallikarjun Kharge, who is the key contestant for the post of the party President, on Monday promised that he will give more stress on "collective decisions" in the party if he is elected for that chair.

"This is an internal election. Any decision will be taken through internal and mutual discussions. Not 'me' but 'we' will together take the decisions," Kharge said while addressing a press meet as he visited Kolkata for campaigning.

He also promised a 50 per cent reservation in the party portfolios for women, scheduled castes, scheduled tribes and other backward classes. He also proposed that no one will be able to stick to a particular chair for a period more than five years.

"We all wanted Rahul Gandhi to be unanimously elected as the Congress President. We also conveyed this to our leader, Sonia Gandhi. But she said that none from the Gandhi family will contest in the polls. I am contesting this election to uphold the great legacy of Congress's ideology as well as to establish democracy in the entire country. I am contesting this election following the instructions of the leadership of my party," Kharge said.

Meanwhile, the West Bengal Pradesh Congress Committee (WBPCC) is yet to make any formal announcement on whether their support will be extended towards Kharge or the other contestant for the chair, Shashi Tharoor. According to state Congress President and veteran party Lok Sabha member, Adhir Ranjan Chowdhury, the state Congress unit wanted Rahul Gandhi to be party's national President.

"But that is not happening. We, on behalf of WBPCC, have welcomed Mallikarjun Kharge. Similarly, we will also welcome Shashi Tharoor who is coming to the state soon. However, we are yet to take any decision," he said.

--IANS
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New Delhi, Oct 10 (IANS) A day after Vishwa Hindu Parishad (VHP) organised a rally in Dilshad Garden area of Shahdara district, the Delhi Police has now lodged an FIR against the organisers of the rally.

The rally was held to show solidarity with the family of one Manish who was allegedly killed by Bilal, Alam and Faizan in Sundar Nagri. It has been alleged that hate speech was delivered in the rally.

R Sathiyasundaram, the Deputy Commissioner of Police (DCP), Shahadra district, confirmed that the FIR was lodged in the matter. "We have lodged the FIR under section 188 of the IPC. The rally was held in a ground in Dilshad Garden," the official said.

Meanwhile, the spokespersons of VHP, Vinod Bansal, said that the FIR lodged against them was nothing but laughable.

"They say we didn't take permission from them whereas the police personnel were deployed over there. How it was possible to deploy the police officials if we didn't take permission," said Bansal.

The VHP had planned the rally in nearby area of Manish's home but later they had to change the location as police had said that it would create tension in the area.

In the rally, some BJP leaders allegedly delivered hate speech. A video of BJP MP Parvesh Verma has gone viral on social media. Verma allegedly asked people to boycott a particular community.

--IANS
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Jaipur, Oct 10 (IANS) Union Jal Shakti Minister Gajendra Singh Shekhawat on Monday made a scathing attack on Rajasthan government questioning its silence on the rising incidents of communal frenzy being reported in the state.

"The way communal frenzy is spreading in the state and no action is being taken against the fanatics, it is clear that the Gehlot government is indirectly giving shelter to such people. The law and order situation in the state is deteriorating day by day. Crimes against women are increasing and the government is playing 'Kissa Kursi Ka'," he said.

While interacting with the media, Shekhawat said that 'Sar Tan Se Juda' slogans were raised in the Chief Minister's home turf that is in Jodhpur. If such slogans are raised in the home district of CM, who is also the Home Minister, and if no action is seen, then the public will definitely be forced to live in the shadow of fear," he said.

On occasion of Eid Milad-un-Nabi on Sunday, a procession was taken out in Pipad town of district Jodhpur, Rajasthan, in which 'Sar Tan Se Juda' slogans were raised.

On the allegations of misuse of agencies like ED and CBI, Union Minister said that I want to thank the honourable CM that at least this time, he did not blame the Central agencies and the BJP when 'Kissa Kursi Ka' is going on in Rajasthan.

Speaking on CM statement that Jai Shah, Ambani will be welcomed if they come with investment, Shekhawat said that when these people go to some other state and work, they are accused of being fed by Central government, but when the same entrepreneurs invest in Rajasthan, a red carpet is laid in front of them. This is a dual mindset, he added.

"In such conditions, Congress government is claiming to repeat however, they have no base ready for them to repeat their government. No announcement has been implemented on grounds. Congress MLAs are questioning their own govt's Chiranjeevi scheme. Just by giving a good budget and praising it doesn't work," he said.

Speaking on Eastern Rajasthan Canal Projects (ERCP), Shekhawat said, "The Gehlot government is spreading confusion on it. Despite repeated requests, Gehlot is conspiring to complicate this project by not working in accordance with the set norms of the Government of India. The government is misleading people of these 13 districts for their political gains. They claim to complete this project on their own, which they will never be able to do."

Shekhawat said, "Madhya Pradesh has been continuously objecting to it. The day it goes to court, this project will stop. Later, Gehlot will walk away by saying 'the matter is in court'. Their only objective, if any, regarding ERCP is how to get political mileage out of it?"

--IANS
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Srinagar, Oct 10 (IANS) Two terrorists killed in an encounter with the security forces at Tangpawa area in Jammu and Kashmir's Anantnag district have been identified, officials said on Monday.

"On Sunday evening, acting on specific information generated by police regarding the presence of terrorists in Tangpawa area, a joint cordon and search operation was launched by Police, Army (19RR) and CRPF (164Bn)," a police officer said.

During the search operation, as the joint search party approached towards the suspected spot, the hiding terrorists fired indiscriminately upon the joint search party which was retaliated effectively leading to an encounter.

"In the ensuing encounter, two local terrorists linked with proscribed terror outfit LeT were killed and their bodies were retrieved from the site of encounter. They have been identified as Aasif Ahmad Reshi and Wakeel Ahmad Bhat," the police said.

As per police records, both the slain terrorists were involved in several terror crime cases.

Incriminating materials including arms and ammunition were recovered from the site of encounter.

--IANS
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New Delhi, Oct 10 (IANS) Shiv Sena leader and former Maharashtra Chief Minister Uddhav Thackeray has moved the Delhi High Court seeking a stay on the order of the Election Commission to freeze the party's bow and arrow symbol.

Amid the tussle between the two factions of Shiv Sena led by Thackeray and Eknath Shinde, the Election Commission on Saturday froze the party's bow and arrow symbol.

Thackeray approached the high court seeking to allot his candidates the symbol chosen by them for the upcoming bypolls rather than restricting it to three choices that the ECI has given.

In an interim order on Saturday, the poll panel said: "The Commission hereby makes the following Interim Order, to cover the purpose of the current by-elections and to continue till the final determination of the dispute into the matter."

It said that neither of the two groups led by Shinde and other led by Thackeray be permitted to use the name of the party "Shiv Sena" and neither of the two groups shall also be permitted to use the symbol, reserved for "Shiv Sena".

"Both the groups shall be known by such names as they may choose for their respective groups, including, if they so desire, linkage with their parent party 'Shiv Sena'; and both the groups shall also be allotted such different symbols as they may choose from the list of free symbols notified by the Election Commission for the purpose of the current by-elections," the poll panel said.

--IANS
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New Delhi, Oct 10 (IANS) The Supreme Court on Monday sought response from the Centre on a plea by a Muslim doctor to declare all forms of unilateral and extra-judicial talaq including "Talaq-e-Kinaya and Talaq-e-Bain" as unconstitutional.

Petitioner Dr Syeda Ambreen of Karnataka's Kalaburgi was represented by advocate Ashwini Kumar Upadhyay.

A bench comprising Justices S. Abdul Nazeer and J.B. Pardiwala issued notice to the Centre, including the National Human Rights Commission and the National Commission for Women.

The plea argued that these practices were arbitrary, irrational, and contrary to fundamental rights to equality.

The plea said: "Petitioner's parents were compelled to give dowry and later she was tortured for not getting big dowry. Petitioner's husband and his family members tortured her physically-mentally. When petitioner's father refused to give dowry then her husband gave her unilateral extra-judicial Talaq i.e., Talaq-E-Kinaya/Talaq-E-Bain through a Kazi and lawyer, which is totally against Articles 14, 15, 21 and 25."

Talaq-e-Kinaya is divorce through vague words that do not directly mean divorce. Talaq-e-Bain is irrevocable divorce, and unlike the practice of triple talaq, requires the husband to utter 'divorce' just once.

The petitioner has completed MS in Obstetrics and Gynaecology from Karnataka. She claimed she was given 'kinaya' in January, 2022 without any process of mediation or conciliation.

The apex court tagged her plea with other similar petitions scheduled to come up for hearing on Tuesday.

The plea also sought a direction to the Centre to frame guidelines for "gender neutral and religion neutral uniform grounds of divorce and uniform procedure of divorce for all citizens".

The plea contended that the petitioner suffered mental, verbal, physical and financial abuse and harassment from her doctor husband and his family for dowry. "It is accordingly submitted that a ban on unilateral extra-judicial Talaq has long been the need of the hour in the interest of public order and health. It is further submitted that this court has already expressed the view that triple talaq is not an integral part of religion and Article 25 merely protects religious faith, but not practices which may run counter to public order, morality or health," added the plea.

--IANS
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Etawah (UP), Oct 10 (IANS) Uttar Pradesh Chief Minister Yogi Adityanath and state BJP President Bhupendra Chaudhary reached Sefai on Monday evening and offered floral tributes to the mortal remains of Mulayam Singh Yadav. They also spoke to family members including SP President Akhilesh Yadav and his uncle Shivpal Yadav.

The mortal remains of Mulayam Singh Yadav reached his native village, Sefai, on Monday evening where it has been kept for people to offer their respects to the departed soul.

A huge gathering was seen in Sefai where people from adjoining villages turned up to pay their tributes to their leader. The cremation of Mulayam Singh Yadav will be held in the village at 3 p.m. on Tuesday.

--IANS
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New Delhi, Oct 9 (IANS) Responding to Pakistani Foreign Minister Bilawal Bhutto's comments on alleged human rights violations in Jammu and Kashmir, during a joint press conference with German counterpart Annalena Baerbock, India has said that all "serious and conscientious members of global community have a role and responsibility to call out international terrorism, especially of a cross cultural nature".

External Affairs Ministry spokesperson Arindam Bagchi on Saturday said in a statement said that Jammu and Kashmir witnesses a similar and sustained terrorist campaign for decades.

"This continues. Foreign nationals have been victims there as also in other parts of India. The UN Security Council and FATF are still pursuing Pakistan-based terrorists involved in 26/11 attacks," Bagchi said in the statement.

He further said that when "states don't recognise such dangers because of self-interest or indifference, they undermine the cause of peace, not promote it and do grave injustice to victims of terrorism".

Bagchi's statement came in response to media queries on comments about the Kashmir issue at the recent press conference by the German and Pakistani foreign ministers.

--IANS
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