Babri demolition: SC asks UP govt to pass orders in 2 weeks on extension of special judge’s tenure

The Supreme Court on Friday asked the Uttar Pradesh government to pass orders within two weeks on extension of tenure of the special judge conducting trial in the 1992 Babri Masjid demolition case, involving BJP veterans L K Advani, M M Joshi and Uma Bharti, in Lucknow.

A bench of justices R F Nariman and Surya Kant said a fresh letter has been written by the special judge on July 27 in which he had made five requests including providing him security.

The bench asked senior advocate Aishwarya Bhati, appearing for the state, to consider all the five requests within two weeks time saying these requests appears to be reasonable.

The apex court had on July 19 extended the special judge’s tenure till the completion of trial and delivery of verdict in the case. However, the state government was yet to pass the order.

He was also asked by the top court to deliver the verdict within nine months.

Besides Advani, Joshi and Bharti, the accused against whom conspiracy charge was invoked in the case by the Supreme Court on April 19, 2017, include former BJP MP Vinay Katiar and Sadhvi Ritambara.

Three other high-profile accused Giriraj Kishore, and Vishwa Hindu Parishad leader Ashok Singhal and Vishnu Hari Dalmia died during trial and the proceedings against them have been abated.

Centre : UP’s Move on OBCs Unconstitutional

In a rare pronouncement, the government on Tuesday termed “unconstitutional” & “inappropriate” the BJP-led Uttar Pradesh government’s recent move to include 17 other backward class (OBC) communities in the Scheduled Castes (SC) list, stressing that only Parliament had the right to make such changes in caste lists as per the Constitution.

“The order that the UP government has issued is neither appropriate, nor constitutional. I will request them not to issue any caste certificates based on that order…Else, the matter will go to courts &be struck down, without anybody getting any benefit,” said social justice & empowerment minister Thawar Chand Gehlot in Rajya Sabha.

This came after BSP leader Satish Chandra Misra raised the Yogi Adityanath-led government’s directive on June 24 to district magistrates & commissioners to issue SC certificates to the 17 OBC communities — Kashyap, Rajbhar, Dhivar, Bind, Kumhar, Kahar, Kewat, Nishad, Bhar, Mallah, Prajapati, Dhimar, Batham, Turha, Godia, Manjhi & Machua — ahead of the by-elections to 12 assembly seats in UP.

Gehlot, who is also the leader of Rajya Sabha, said the UP government should follow the proper procedure if it wanted go ahead with its proposal. “It must first send a proposal to the Centre…we will then consider it. This matter has come to Parliament two-three times in the past also but was not agreed upon,” he said.

Earlier, Misra said the power to make changes in the SC list lies only with Parliament under sub-clause (2) of Article 341 of the Constitution. The BSP leader said the UP government had removed 17 castes from the OBC list but they were yet to be included in the SC list. This will deprive them of benefits of either the SC or the OBC category.

UP youth disabled in road mishap gets Rs 44 lakh compensation

UP youth disabled in road mishap gets Rs 44 lakh compensation
UP youth disabled in road mishap gets Rs 44 lakh compensation

A 20-year-old youth, who lost his leg after being hit by a truck and falling in a ditch, has been awarded Rs 44 lakh compensation by a Motor Accident Claims Tribunal (MACT) here.

The tribunal directed Cholamandalam MS General Insurance Company Ltd to pay Rs 44,29,000 to victim Dharmendra Singh, who was riding pillion on a bike when the truck came from the wrong side and hit the two-wheeler which fell into a ditch severely injuring him.

MACT Presiding Officer Rajeev Bansal decided the petition in favour of Singh while relying on the documents on record including the FIR, charge sheet and medical report of the victim.

The tribunal also noted that the driver of the offending truck and the insurance company did not lead any evidence in rebuttal of the claims in the petition.

“The above is sufficient to conclude that preponderance of probability is made out showing negligence of respondent 1 (truck driver) in causing the accident,” it said.

According to the petition, Singh was sitting behind his friend on a motorcycle and was on his way to district Auraiya in Uttar Pradesh on November 18, 2014 when a rashly and negligently driven truck came from the wrong direction and hit their vehicle.

When Singh was taken to the hospital, he was informed that he has suffered 80 per cent permanent physical impairment on his right leg and would need an artificial limb.

( Source – PTI )

Man gets life imprisonment for raping 10-year-old girl

Man gets life imprisonment for raping 10-year-old girl
Man gets life imprisonment for raping 10-year-old girl

A Banda court has awarded life imprisonment to a man for raping a deaf and dumb minor girl here.

Additional District and Sessions Judge DPN Singh yesterday awarded life imprisonment to Shivbaran for raping the girl on January 13, 2014 in Attara area, Assistant Government Counsel Shivbhushan Sharma said.

The court also imposed a fine of Rs 10,000 on the convict.

( Source – PTI )

SC to examine whether NOIDA is a corporation under UP law

SC to examine whether NOIDA is a corporation under UP law
SC to examine whether NOIDA is a corporation under UP law

The Supreme Court has agreed to examine a plea of the income tax department whether the North Okhla Industrial Development Authority (NOIDA) is a corporation established by the Uttar Pradesh government under the state industrial development law or not.

A bench of Justices R K Aggarwal and A M Sapre has said it will look into the appeal filed by the I-T department against an order of the Allahabad High Court which held that NOIDA is a corporation established under the Act and, therefore, banks are not liable to deduct income tax at source on fixed deposits.

The apex court has also refused to grant any stay on the high court direction to the I-T department and asked the banks to file their counter affidavit in four weeks.

Appearing for Punjab National Bank, counsel Pankaj Garg, assisted by another lawyer Milind Garg, told the bench that the appeal of the I-T department is not maintainable as NOIDA is a corporation established by the state law and banks are not under the statutory obligation to deduct and pay the income tax.

The dispute on the issue first arose in 2013, when the I-T department imposed a tax liability on the banks for non- deduction of TDS on the interest income on fixed deposit receipts (FDRs) of NOIDA.

Against the decision to levy tax, the banks preferred an appeal before the Commissioner of Income Tax (Appeals) (CIT-A), saying the NOIDA is a corporation.

The appeal was decided in favour of the banks and, thereafter, the department preferred a petition before the Income Tax Appellate Tribunal (ITAT), which again decided in the favour of the banks.

The department then moved the Allahabad High Court against the order of the ITAT, but once again the appeal was decided against it.

The IT department appeal before the apex court has said that the issue for consideration is whether NOIDA is a corporation entitled for exemption from deduction of income tax at source under the provisions of a notification issued in 1970 under the Income Tax Act.

It has said that the high court erred in holding that NOIDA is covered under exemption from TDS under the Income Tax Act and the assesse banks are not liable to deduct tax at source on interest paid to the NOIDA on its FDRs.

( Source – PTI )

No relief for Prajapati from SC

No relief for Prajapati from SC
No relief for Prajapati from SC

UP minister Gayatri Prajapati, who is evading arrest, today failed to get relief from the Supreme Court which expressed unhappiness that its order on lodging of FIR against the SP leader was being given “political colour”.

A bench headed by Justice A K Sikri clarified that it has only ordered the Uttar Pradesh police to lodge an FIR against Prajapati in cases of alleged gangrape and attempt to rape a woman and her daughter and is not monitoring these cases.

The minister can approach the court concerned for appropriate relief, the apex court said while rejecting Prajapati’s plea for recall of its order for lodging an FIR against him.

The apex court had on February 17 directed the UP Police to lodge an FIR against Samajwadi Party (SP) leader Prajapati and asked it to submitt an action taken report regarding the incidents in eight weeks in a sealed cover.

“We have simply directed registration of an FIR and investigation in these cases,” the bench said, adding, “now political colour is being given to this order. It is unfortunate”.

“Let the police investigate this matter and say whatever they want,” the apex court said.

Prajapati, whose opponents have used the issue in electioneering in poll-bound state to attack him and his party, has cried foul alleging that it is a “politically motivated” case as the complainant is affiliated to the BJP.

( Source – PTI )

SC asks CPCB, states to prepare plan to check pollution

SC asks CPCB, states to prepare plan to check pollution
SC asks CPCB, states to prepare plan to check pollution

The Supreme Court today asked CPCB, Delhi government, EPCA, Haryana, UP and Rajasthan to hold a meeting within two weeks and come out with a comprehensive plan to check pollution in the national capital.

A bench headed by Justice M B Lokur also asked the Centre to implement the ban in four weeks on furnace oil and Petcoke used by industries in the NCR region, terming it as a single biggest source of pollution in Delhi.

The bench also comprising Justice P C Pant also granted nod to Central Pollution Control Board (CPCB) to withdraw Rs 2.50 crore from Environment Compensation Charge (ECC) fund created on direction of apex court.

The apex court directed CPCB that Rs 2.5 crore should be used for purchasing equipment for real time air quality monitoring stations being set up in Delhi and NCR.

It also directed Environment Pollution Control Authority to inspect the Pollution Under Check (PUC) centres in NCR region also.

( Source – PTI )

Man who lost eye in fight gets justice after 17 years

Man who lost eye in fight gets justice after 17 years
Man who lost eye in fight gets justice after 17 years

A man who lost an eye after getting beaten up by two brothers has found justice, albeit after 17 years, as a local court here sentenced the accused to 10 years in prison.

Additional District Sessions Court judge D C Singh held the brothers Avnish and Perveen guilty under Section 326 of the IPC (Voluntarily causing grievous hurt).

Besides sentencing them to 10 years imprisonment, he imposed a fine of Rs 5,000 each.

The victim, Vijaypal, had lost an eye after he was beaten up by the duo when he accused them of stealing electricity at Fatehpur village in Shamli district on June 16, 1999, government lawyer Jitender Tyagi said.

( Source – PTI )

Court rejects plea against UP minister Azam Khan

Court rejects plea against UP minister Azam Khan
Court rejects plea against UP minister Azam Khan

In a relief to Uttar Pradesh Minister Azam Khan, a local court has rejected a plea alleging that he purchased land for establishing Mohammad Ali Jauhar University without paying the market price.

Additional civil judge Pratibha had yesterday rejected the litigation filed by some residents of Alia Ganj village, who claimed their land was purchased by the Jauhar University Trust for establishing the varsity.

The residents had claimed in 2007 that Khan had forcibly purchased the land for the university without paying the market price.

However, Khan’s counsel submitted documentary proof in the court that the entire amount to purchase the land for the university was transferred to the bank accounts of its owners in accordance to the circle rates prevalent in 2005 by the purchaser, the Jauhar Trust.

Besides the sub-registrar, who had registered the sale deeds, submitted in the court that the registration of the land in the name of Jauhar University Trust was finalised with the consent of the land owners.

After going through the evidences, the Additional Civil Judge rejected the plea.

( Source – PTI )

Woman gangraped in UP, FIR filed on court’s order

Woman gangraped in UP, FIR filed on court's order
Woman gangraped in UP, FIR filed on court’s order

A local court of Etah (UP) has ordered the filing of an FIR in the alleged gangrape of a woman.

The victim had approached the court after police refused to file a case.

She alleged in the court that four men kidnapped and raped her and then decamped with her jewellery and cash on April 8.

The complaint was lodged yesterday against the accused identified as Bharat, Anek Singh, Arvind and Ajay.

( Source – PTI )