Creamy layer cannot be applied to deny benefits of quota in pramotion, Centre to Supreme Court

NEW DELHI: A court verdict of 2006 had held that the ‘creamy layer’ concept cannot be applied to SC/ST persons for promotions in government jobs. The apex court had on July 11 refused to pass any interim order against its 2006 verdict and said that a five-judge bench would first see whether it needs to be examined by a seven-judge bench or not.

Attorney General KK Venugopal had said that the stigma and imprint of backwardness and caste remains with SC/ST community for centuries even if some of them have come up.

The AG’s statement was in response to the Supreme Court’s question whether affluent people among SC/ST can be denied quota benefits in promotion by applying creamy layer principle?

Even a well-off person of SC/ST community cannot marry from a higher caste. The fact that some persons have become affluent does not take away the imprint of caste and backwardness,” he said.

Somnath Bharti, informs court about matrimonial dispute settled with wife

New Delhi: AAP MLA Somnath Bharti being taken into custody after he surrendered at the Dwarka North Police Station in New Delhi on Monday. PTI Photo by Manvender Vashist (PTI9_28_2015_000378A)

NEW DELHI:  The Delhi High Court was today informed that AAP MLA Somnath Bharti and his wife have settled the matrimonial dispute between them through mediation. The court listed the matter for further hearing on March 7 next year and stayed the proceedings in the trial court. Former AAP leader urged before court to remove the crimnal case against him which were londged by his wife his wife Lipika Mitra, Justice R K Gauba asked him to wait for some time so that his spouse and two minor children were comfortably settled in the house with him.

Senior advocate Dayan Krishnan, appearing for Mr Bharti, told the court that the AAP leader and his wife had participated in the mediation and they have settled their dispute.

He said they wanted to live together peacefully along with their children. The AAP leader was arrested in the wee hours of September 29, 2015 after the Supreme Court had ordered him to surrender.

Madhya Pradesh High court, grant death sentence to, man raped and killed 4 years old girl

JABALPUR: The Madhya Pradesh High Court has upheld a lower court’s order awarding death sentence to a man for raping and killing a four-year-old girl, observing that “humanity is more in danger in the hands of persons like the convict”.

Describing the offence as an act of “extreme depravity” and taking note of the rise in crimes against minor girls, the court said in such cases, an extreme punishment would deter other criminals.

A division bench of HC Chief Justice Hemant Gupta and justice Vijay Kumar Shukla observed while dismissing the appeal filed by the convict, Vinod, alias Rahul Choutha. He had raped and killed the girl on May 13, 2017. The victim’s body was found two days later.

Shahdol District and Sessions Judge RK Singh had sentenced Chouhtha to death on February 28 this year.

The court said it had the social responsibility to make the citizens of the country know that law could not come to the rescue of such a person on the basis of humanity.

The appellant was a young unmarried boy, aged 22 years at the time of commission of the offence, but he breached the trust of a girl child of four years when he tempted her by offering biscuits to accompany him to meet her father,” the court said.

Charge Sheet against Journalist Upendra Rai, by ED

NEW DELHI: The Enforcement Directorate (ED) on Thursday filed a chargesheet in connection with its ongoing probe into a money laundering case against senior journalist Upendra Rai.

The ED informed the Patiala House court that Rai laundered over Rs 29.58 crore by adopting different modus operandi and was involved in “extortion of the huge amount from different companies and corporate houses”.

The agency alleged that Rai took “undue advantage of his connections with several government officials” to gain access to confidential information available with them about the penal proceedings being contemplated against various defaulters, at times in advance.

Owner of Printlines Media Group and formerly employed with Tehelka, Rai forced different companies to transfer money to his account through banking channels against the cash he supplied to those companies.

The court also directed the ED to hand over a copy of the charge sheet and other documents filed along with it to Rai, which was complied by the agency.

In its charge sheet filed through advocate A R Aditya on August 6, the agency said that Rai was a journalist who crafted leverage out of his access to government offices as a media person.

Delhi CM released, in case of giving false affidavit

NEW DELHI: A Delhi court on Saturday granted bail to chief minister Arvind Kejriwal in a case of allegedly giving false information in an affidavit filed in the run up to 2013 assembly polls. In one complaint, it was alleged that Kejriwal presented an incorrect affidavit with his nomination papers in front of the Election Commission on November 16, 2013 to contest the 2013 Delhi Assembly election.

Additional Chief Metropolitan Magistrate Samar Vishal discharged Kejriwal in the case saying “merely due to the fact that a person has other residential addresses apart from where he has enrolled himself as a voter, cannot be a ground to presume that he is not a resident of that place from where he registered as a voter”.

The ACMM said that a place of resident is a place where a person ordinarily resides and this may or may not be his permanent address.

Rajeev Gandhi killer’s cant be released: Centre to Supreme Court

NEW DELHI: The seven Rajeev Gandhi killers jailed in Tamil Nadu cannot be released, the Indian government told the Supreme Court today, asserting that the case involves the assassination of a former Prime Minister. The CBI, which investigated the case, has opposed the release of the seven convicts, the court was told.

The seven convicts had been in jail for 27 years. The convicts, Perarivalan, Murugan, Santhan, Nalini Sriharan, Robert Pious, Jayakumar and Ravichandran, are serving life terms. Rajiv Gandhi was assassinated in 1991 by a woman operative of the separatist Lankan Tamil outfit LTTE.

In 2014, then Chief Minister J Jayalalithaa decided to release the convicts but the centre – the Congress-led government was in power challenged her decision. The Supreme Court then said the state could not take such a decision without the centre’s sanction, as the case was investigated by the CBI.

Tamil Nadu had been informed of the decision on April 18, the Centre told the court.

The government called the former prime minister’s killing “gruesome” and added that killers don’t deserve leniency.

Supreme Court directs Police, to take strict action against Kanwariya vandalism

NEW DELHI: Surpreme Court announced to take strict action by the police, against who are responsible for erupting violence and breaching laws after videos showcasing vehicles being vandalised by Kanwariyas across Northern states went viral on social media on Friday.

Earlier this week, various incidents of vandalism and unlawful activities by Kanwariyas were being reported from various parts of the country.

Attorney General KK Venugopal while drawing attention to the vandalism caused by the Kanwad yatris said, “Kanwariyas are overturning vehicles in Delhi. In India, there is a riot every week. Marathas in Bombay, SC/ST Agitation, a group even threatened to cut-off the nose of an actress during protests against Padmavat movie. It goes on and on. Police has not registered FIR.”

A three-judge bench of the apex court, headed by Chief Justice of India Dipak Misra, and comprising Justices A M Khanwilkar and D Y Chandrachud, reiterated an earlier verdict, which stated that videography of every procession should have to be made.

Justice Chandrachud, who was the Chief Justice of the Allahabad High Court before his elevation to the apex court, referred to traffic congestion on the road between Varanasi and Allahabad during ‘kanwar yatra’, the annual pilgrimage in which Shiva devotees usually travel in groups.

“Half portion of the highway between Allahabad to Varanasi is blocked and it takes five hours to reach Allahabad from Varanasi,” the judge observed.

Fodder Scam: Jharkhand High Court, extended Lalu Prasad bail

Ranchi: Jharkhand High Court extends bail period of Lalu Prasad till Aug 20, Yadav was granted six weeks provisional bail for treatment in May, which was later extended by the High Court. He was in Ranchi’s Birsa Munda Central Jail after being convicted in December 2017 in a fodder scam case.

Justice Aparesh Kumar Singh, has fixed August 17 for the final hearing on the pleas for further extending the bail period by three month. The full hearing on the petition could not take place as lawyers abstained from works owing to demise of one of their colleagues.

We have prayed for the extension of the bail period for three more months on medical grounds,” Prasad’s counsel Prabhat Kumar said.

On September 30, 2013, RJD Supremo was convicted in the first fodder scam case related to the Chaibasa Treasury. The court had on 19 March held the 69-year-old RJD chief guilty along with 18 others in connection with the case.

OCI, holders can also enjoy the exercise, of freedom of speech and equality: Delhi High Court

NEW DELHI: Delhi High Court has said that Overseas Citizens of India (OCI) appear to enjoy the fundamental rights of equality before law and freedom of speech and expression in the same way as any other Indian citizen does.

The court’s observation came while asking the Center to place before it the material based on which the OCI registration of a US-based Indian-origin doctor was canceled.

Under Article 14 (equality before law) and 19 (freedom of speech and expression) of the Constitution of India which are guaranteed to the citizen of India also appear to be extended to an OCI card holder,” Justice Vibhu Bakhru said.

Dr Christo Thomas Philip had challenged the cancellation of his OCI registration for alleged missionary activities in Bihar.

In terms of section 7B (1) of the Citizenship Act, 1955, all rights other than those specified in sub-section (2) of the said section are available to an OCI card holder. Although, Article 16 of the Constitution of India is specified in Section 7B (2) of the Act, Articles 14 and 19 are not included.

Man jail for lying on oath before, Delhi High Court

NEW DELHI: Taking a serious view against a man for lying on oath, the Delhi High Court has sentenced him to jail for a month for contempt of court and said it will be a great public disaster if the fountain of justice is allowed to be poisoned by anyone giving false statements in a court of law.

Justice Manmohan said as the man had admittedly made false statements under oath, the court was of the view that it struck a blow at the rule of law and no court could ignore such a conduct, which had the tendency to shake public confidence in the judicial institutions because the very structure of an ordered life was put at stake.

The Delhi High Court has sentenced a defendant in a trademark infringement suit to one month’s simple imprisonment under the Contempt of Courts Act, 1971 for making false statements under oath. The court also imposed a fine of Rs. 2000 on the defendant.