Greenpeace Activist to Face Defamation Trial: SC

January 10, 2017

PTI reports that Greenpeace activist Priya Pillai will now have to face criminal defamation case filed by a company

Greenpeace activist Priya Pillai will now have to face criminal defamation case filed by a company, with the Supreme Court today disposing of her plea seeking clarification whether a private firm can file a criminal defamation case citing a recent judgement. During earlier hearings on September 5 last year, the Supreme Court had demanded explanations from the Centre saying “it is an important issue. We can’t just let it go. The issue needs to be examined.”

Pillai, against whom Mahan Coal Ltd has filed a criminal defamation case for allegedly carrying out negative publicity and protests over purported irregularities in mining activities, has said that the company can have a civil remedy but not a criminal recourse. A bench of Justices Adarsh Kumar Goel and U U Lalit said nothing remained in the matter as the judgement has already been delivered in the case.

“Nothing remains in the matter. We are disposing of the matter in the wake of the judgement already being delivered on the issue. You have the liberty to persue the remedies as per law,” the bench said.
The court also granted liberty to BJP leader Subramanian Swamy, who sought intervention in Pillai’s plea to file a fresh petition.

Pillai, in her petition, had said “a corporate entity cannot be imprisoned for criminal defamation and can only be fined. As such in the interest of Article 14 and equality before the law, it should be able to seek damages, not imprisonment”.

She had said she was “the victim of an abuse of justice and process, by which the respondent through Mahan Coal has used the criminal defamation provision in a strategy against public participation, association, discussion and advocacy.”

The activist in her plea said that lodging of a criminal defamation case was not limited to this instance alone, but was “part of a pattern of strategic lawsuits against public participation whereby the corporations are using criminal defamation provisions to persecute and limit the discussions and advocacy, and association around issues concerning issues of public interest and participation.”

The plea said “With the intent of crippling the ability of petitioner, of forests community residents and of members and supporters of Greenpeace India Society, to exercise their constitutionally protected rights to freedom of association and freedom of expression, the respondent has embarked on a strategy designed to hijack the Indian justice system for its on private ends, using the criminal defamation provisions to file the instant case not only against the petitioner but also against the international executive director of Greenpeace International.”

Pillai’s petition said that corporations “do not have the same right or interest to be protected as individual citizen from defamation. “Thus individuals such as directors, being allowed to file for alleged defamations as ‘some persons aggrieved’ in section 199 CrPC for the harm of reputation to a company because he can legitimately feel the ‘pinch of it’, is an unconstitutional restriction on the Freedom of Speech and Association with no compelling reasons pursuant to Article 19(2) of the Constitution.”

CRPF Rejects RTI Scrutiny, Says Pellet guns as anti-riot weapon in J&K not HR Violation

January 10, 2017

The Central Reserve Police Force (CRPF) has rejected a right to information (RTI) application filed by senior RTI activist Venkatesh Nayak to part with any information on the use of pellet guns while dealing with protesters in Jammu and Kashmir (J&K) since July 2016, saying it “is not related to human rights violation.”

Pellet Injuries kashmir
Image: Getty Images

The refusal follows Khadki Ordnance Factory (OFK) under the Union defence ministry rejecting a similar plea seeking to know the quantum of sale of the anti-riot weapon pellet gun used by security personnel in J&K on grounds of what OFK called “national security and commercial confidence”.

Nayak, who is with the Commonwealth Human Rights Initiative (CHRI), in his RTI application, had sought photocopies of the Standard Operating Procedures (SoPs) required to be used by CRPF to disperse stone-pelting mobs in J&K and of SoPs required to be used by CRPF to disperse large assemblages of people other than stone-pelting mobs in J&K.

Filed last month, Nayak had also sought the name and postal addresses of the vendors from whom the anti-riot weapon and relevant ammunition were procured for use in J&K, and their quantity, since July 1, 2016.

Nayak had further sought information about the number of CRPF personnel who suffered injuries while conducting operations in J&K, whether they were paid ex-gratia following injuries, and also the number of those may have been promoted to higher ranks in recognition of their performance.

Claiming that the CRPF's rejection is “problematic”, Nayak, in an email alert to Counterview, says, “The SoPs developed by a government-convened expert committee after a similar period of civilian unrest in J&K in 2010 (which I obtained under the RTI Act in 2012), do not make any mention of allowing the use of pellet guns for dispersing stone pelting mobs.”

Secondly, says Nayak, since OFK stated that it did not manufacture the pellet guns, “CRPF was obviously buying them from some other manufacturer”, insisting, “As these weapons are purchased using the taxpayer's money, every citizen has the right to know from where they buy such weapons.”

Thirdly, as both the Central government and the J&K government had said several well-armed CRPF and other security personnel suffered badly at the hands of the protesters, who mostly pelted stones, Nayak says, “I sought to know the number of CRPF personnel who had suffered injuries.”

And finally, wondering how could CRPF reject information on promotions, Nayak recalls, on July 22, 2016, within two weeks of the eruption of unrest in J&K, a Board of Officers of CRPF recommended the criteria for awarding out of turn promotions to CRPF personnel who showed "extraordinary courage/displayed gallant action during fighting with anti-national/extremist elements."

Comments Nayak, “CRPF seems to think that the SoP for controlling both stone-pelting and non-stone-pelting mobs have no relationship at all to allegations of human rights violations. Despite case after case of innocent bystanders, including very young boys and girls, injured severely by pellets fired by security personnel being highlighted by the media, CRPF does not want to own up responsibility.”

He asks, “When SoPs are kept a secret, how can victim bystanders assess whether the actions taken by the CRPF personnel were excessive or not; how can they make a case for compensation and demand accountability of security personnel who caused them injury for no fault of theirs?”

GOI “callous” to Problems of Litigants, Rejects 13 names as Allahabad HC judge: CJAR

January 10, 2017

The Campaign for Judicial Accountability and Reforms (CJAR), led by top anti-corruption crusader, Supreme Court advocate Prashant Bhushan, has taken strong exception to the Government of India (GoI) rejecting 13 names recommended as judges for the Allahabad High Court by the Supreme Court collegiums.

Image: Indian Express

Calling it “an affront to the institutional independence of the judiciary”, even as suggesting “callous disregard to the problems of the ordinary litigant”, CJAR in a statement has said, “As per the law well settled by the Supreme Court in the Second and Third Judges' cases, the GoI is not entitled to engage in an endless back and forth over the recommendations for appointment of judges to the High Court and the Supreme Court.”

CJAR says, “Once the recommendations are re-iterated by the collegium of judges, the GoI is constitutionally obligated to process the recommendations and appoint such persons as judges at the earliest.”
Calling GoI's action “unwarranted and unconstitutional”, CJAR underlines, “The Allahabad High Court suffers from the highest number of vacancies in judicial posts, and thereby a crippling problem of delay and arrears in disposing of cases.”

It adds, “Far from working with the judiciary to address these issues and ensuring the quick reduction of vacancies, the GoI has stalled the process for ulterior motives.”

Asking the GoI to cease the current “charade” and “resolve to act in accordance with the law and the Constitution and address the problems of the litigants by immediately appointing all the recommended persons to the Allahabad High Court”, CJAR says, “The repeated raising of petty objections suggests that the GoI has no intention of letting the judiciary fill the posts with competent, independent minded judges.”

Condemning the “disturbing trend”, and asking the judiciary to remain “firm, independent and uncompromising check on the government”, CJAR has characterized 2016 as the “year of abrasive disagreement between the judiciary and the government especially over the issue of judicial appointments”.

It says, there has been “complete opacity” on the part of both GoI and the Supreme Court in “disclosing a draft of the memorandum of procedure for appointments to the High Court and Supreme Court.”
“This process has been shrouded in secrecy”, it says, emphasizing, it excludes “public participation in this crucial process”. It adds, repeated requests from CJAR for a draft of the memorandum to be shared and have discussions on it have “received no response.”

Giving other instances of GoI’s “disregard” for law, CJAR says, “The government has not appointed Lokpal despite Parliament enacting the law in 2014. The Whistleblowers Protection Law also remains un-notified.”

Worse, it says, “Existing bodies such as the Information Commission have suffered due to large number of vacancies for long periods, with the resultant inability to carry out their mandate, which further undermines the objective of the law.”

Then, referring to the VIP copter scam, “in which politicians may now to be a focus of CBI probe”, CJAR says, “It becomes apparent why the government in a deliberate dereliction did not convene a meeting of the selection committee to select a full-fledged CBI director as mandated under the law.”

Stiffling Protest: MP Tribal Rights Activists Arrested, Protesting Illegal Sand Mining

January 10, 2017

The Madhya Pradesh government has arrested two senior tribal rights activists, Rahul Yadav and Pavan Yadav, attached with the well-known anti-dam movement, Narmada Bachao Andolan (NBA), as they reportedly tried to take objection to “illegalsand mining in Narmada riverbed in Badwani district.

NBA campaign against "illegal" sand mining

Arrested under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, an NBA communiqué, characterizing the government action as “repressive”, said, it all began on January 6, 2017, when the two, accompanied by several other activists, stopped a tractor, whose owner happens to be a tribal, from carrying sand, mined at the riverbed.

“The NBA activists demanded explanation from the driver as to how could he take away the riverbed sand when the Supreme Court had stayed mining in the Narmada Valley and riverbed on May 6, 2015, and the National Green Tribunal (NGT) declared it illegal”, the communiqué said, adding, “Ever since, the NBA has been helping the administration to taking steps against those involved in illegal sand mining and confiscate vehicles being used for it.”

Pointing out that despite apex court stay and NGT stay, “illegal” mining has been continuing in “gross violation of the law”, the communiqué said, “Instead of stopping illegal mining, the tractor owner drove the vehicle towards NBA activists to scare them. This forced them to file an FIR with the police against the owner.”

Two days later, on January 8, said the communiqué, the district collector’s car was found to be going for the Namami Devi Narmade campaign, claimed to be conceived by the Madhya Pradesh government to “protect” environment. “NBA workers stopped his car at Shaheed Stambh (Martyrs’ Square), asking him as to why no action was being taken against those involved in illegal mining.”

“The workers also asked the official as to why, when NBA is helping confiscate tractors involved in illegal mining, no action was taken against the culprits, who were being set free, and also why the chief minister and other officials were not speaking a word against illegal mining”, the communiqué said.

“When the officials failed to answer any questions”, claimed NBA, “the owner of the tractor, who happens to be a tribal, and against whom an FIR has been registered, was called in, and a case was registered under Indian Penal Code (IPC) sections 294, 323, 506, 341, 34 as also Prevention of SC/ST Atrocities Act, against Rahul Yadav and Pavan Yadav. Then, they were arrested.”

Calling the arrest a “conspiracy” against those who are fighting and raising voice against illegal sand mining in Narmada Valley, NBA said, “The arrest clearly suggests that the sand mining mafia and the Madhya Pradesh administration are hand in glove.”

It added, “The arrest also exposes the real face of the Namami Devi Narmade campaign, run by the ruling BJP. The entire campaign is being run by religious leaders, with chief minister Shivraj Singh Chauhan merely reaching amidst the campaign in a chopper for a speech, with little effort being made to help those adversely affected by the Narmada dam.”

Modi’s demonetization atrociously planned, executed, little evidence it fought corruption: New York Times

January 10, 2017

In strongly-worded editorial on demonetization, influential America daily, “The New York Times” (NYT), has said, there is “little evidence that the currency swap has succeeded in combating corruption or that it will forestall future bad behaviour once more cash becomes available.”

demonetisation

“The Cost of India’s Man-Made Currency Crisis”, and cleared by NYT's powerful editorial board, it says, “The swap was atrociously planned and executed. Indians had to line up for hours outside banks to deposit and withdraw cash. New notes have been in short supply because the government did not print enough of them in advance.”

The editorial adds, “The cash crunch has been worst in small towns and rural areas. The amount of cash in circulation fell by nearly half, from 17.7 trillion rupees ($260 billion) on November 4 to 9.2 trillion ($135 billion) on December 23, according to the Reserve Bank of India (RBI).”

The editorial notes, “ Two months after the Indian government abruptly decided to swap the most widely used currency notes for new bills, the economy is suffering. The manufacturing sector is contracting; real estate and car sales are down; and farm workers, shopkeepers and other Indians report that a shortage of cash has made life increasingly difficult.”

The editorial comes at a time when Union finance minister Arun Jaitley claiming that India’s indirect tax receipts grew by 14.2% in December as compared to the same period last year, which suggests the government’s currency recall "didn’t hurt economic activity."

The editorial insists, Prime Minister Narendra Modi's move to swap Rs 500 and 1,000 notes, which made up about 86 percent of all currency in circulation, replacing them with new Rs 500 and 2,000 notes, has failed to identify people who were hoarding cash to avoid paying taxes or to engage in corruption.

In fact, in says, “No economy can lose that much currency in a few weeks without creating major hardship – certainly not one like that of India, where cash is used for about 98 percent of consumer transactions by volume.”

Pointing to how “Modi’s government” as an afterthought said “it was also eager for Indians to move to electronic transactions”, it notes, “While a growing number of people have debit cards and cellphones that can be used to transfer money, most merchants are not set up to accept such electronic payments.”

“The government had said that people bringing more than Rs 250,000 of the old notes to banks would have to show that they had paid taxes owed on the money. Because of those rules, officials had expected that a lot of black money would never make it back to banks”, the editorial recalls.

However, it regrets, “Indians have successfully deposited the vast majority of old notes. That suggests that either there wasn’t as much black money out there as the government claimed or that tax cheats found a way to deposit their hoards of cash without attracting the government’s attention, perhaps with the help of money launderers.”

Wondering if there would be strong political reaction, the editorial says, “Many Indians have said that they are willing to tolerate some pain in the fight against corruption. But their patience won’t last if the cash crunch continues and the swap does little to reduce corruption and tax evasion.”

मोबाइल देकर वोट मांगते हुए पकड़ा गया भाजपा प्रवक्ता, लालच देकर वोटरों को गुमराह कर रही भाजपा

January 10, 2017

लखनऊ, 2014 के लोकसभा चुनाव में यूपी से बम्पर जीत हासिल करने वाली भाजपा के 73 सांसद पिछले ढाई सालों से सत्ता में तो जरूर हैं लेकिन जनता से मीलों दूर है। अब चुनाव आते ही एकबार फिर से भाजपा को यूपी की याद आयी है। जिसके तहत भाजपा नेता किसी भी तरह से प्रदेश की जनता को बरगलाना चाहते हैं ताकि प्रदेश की सत्ता से वनवास झेल रही भाजपा लोकसभा चुनाव की तर्ज पर जीत दर्ज कर सके।

January 10, 2017

प्रदेश की जनता को भाजपा नेताओं द्वारा बरगलाने का प्रयास गोरखपुर में उस समय दिखाई दिया जब एक भाजपा प्रवक्ता लोगों को मोबाइल बाटते पकड़ा गया। दरअसल भाजपा के प्रवक्ता शलभ मणि त्रिपाठी के खिलाफ राजघाट थाने में मॉडल कोड ऑफ़ कंडक्ट के उल्‍लंघन के मामले में धारा 188 और 171एच के अर्न्‍तगत एफआईआर दर्ज की गई है। गोररखपुर सदर की एसडीएम के द्वारा केस दर्ज करवाया गया है।

बता दें कि शलभ मणि ने दो दिन पहले गोरखपुर के नार्मल चौराहे के पास एक मैरिज हाउस में दिव्‍यांग बच्‍चों को मोबाइल फोन बांटा था प्रशासन के अनुसार इस कार्यक्रम के लिए कोई भी परमिशन भी नहीं ली गई थी और ना ही इसकी सूचना जिला निर्वाचन अधिकारी को दी गई थी।

प्रदेश प्रवक्‍ता शलभ मणि त्रिपाठी के साथ तीन अन्‍य लोगों के खिलाफ भी एफआईआर दर्ज की गयी है जो इस कार्यक्रम के आयोजक थे जिसमें इरफाना तारिक, विनय सिंह, आफताब आलम का नाम है।

अधिकारियों का कहना है कि आचार संहिता लगने के बाद किसी भी नेता को कुछ भी बांटने की इजाजत नहीं दी जा सकती है और इस कार्यक्रम में शलभ मणि ने यहां पर आए लोगों के बीच में बीजेपी को जिताने की अपील करते हुए लोगों को मोबाइल फोन बांटे थे।

इस संबंध में एसपी सिटी हेमराज मीणा का कहना है कि धारा 188 और धारा 171 के तहत राजघाट थाना में लैपटाप, मोबाइल और टैबलेट सहित कम्‍बल बांटने के साथ सभा करने के मामले में अभियोग पंजीकृत किया गया है।
आपको बता दे शलभमणि त्रिपाठी ibn7 के पत्रकार भी रह चुके है अभी हाल ही में वो भाजपा में शामिल हुए हैं।

Courtesy: Dainik Aaj

‘Attack on Kathua Muslims’ after ‘dead Cow’ found: J & K Assembly

January 10, 2017

The J & K state assembly was adjourned on Monday after the Opposition demanded action against BJP and RSS workers, allegedly responsible for attacks on Gujjar Muslims in Kathua, reports Greater Kashmir.

File Photo

The assembly was adjourned on Monday after Opposition created ruckus over reported attacks on Gujjar Muslims in Kathua, allegedly by RSS and BJP activists.

The issue was raised by NC legislator MianAltaf as point of information as soon as Speaker started proceedings during the second sitting.

"Our Gujjar Muslims living in Kathua were attacked by RSS and BJP people. Their houses were burnt and they were beaten ruthlessly," he alleged.

The NC legislator was joined by other opposition members who demanded action against the attackers.

"Muslim brethren are not safe anywhere in India. The government should explain its position," shouted Congress legislator VikarRasool.

The opposition members expressed their anger against the PDP led government, accusing them of oppressing the Muslim community. The opposition members stormed into the Well, climbed on the Assembly Reporters’ table and shouted anti-BJP and anti-PDP slogans. They demanded action against the attackers.

The ruckus forced Speaker Kavinder Gupta to adjourn the House for half an hour.

MianAltaf said the residents of HariaChek Tehsil Mahreen in Kathua area of Jammu were attacked by RSS workers. Altaf said a 12-year old girl namely Beena D/o Shahab Din and a 35 year old man namely Siraj Din and three others were injured in firing by the attackers.

Minister for Parliamentary Affairs, Abdul RehmanVeeri, said that situation was under control in Kathua.

Giving details of the incident, the Minister said that at around 7.30 a.m on Monday some locals of village HaryaChak, district Kathua, found a head, allegedly of a cow, near the house of MaskeenGujjar resident of ChakDhariHarya, ChakRajbagh.

“As the news spread, around 200/300 members of Hindu community assembled there and held protest demonstration and also blocked the road. Soon after this one person took the cow head in possession. Thereafter the gathering swelled up to 500/600 and they moved to HaryaChakChowk in the shape of a procession,” he said.

“On reaching HaryaChowk the gathering swelled to 700/800. Police made many attempts to stop the protesters but the protesters managed to reach HaryaChowk where around 300/400 members of Gujjar community had assembled. Stone pelting was resorted to by both the sides,” the minister said.

As the House was adjourned, the opposition legislators conducted their own proceedings with former Speaker Mubarak Gul sitting as Speaker in the Well.

Members who spoke included DavinderRana, Abdul MajeedLarmi, GM Saroori and VikarRasool.

DavinderRana said the opposition wanted to raise the concerns of people but the government has left the House.

The mock assembly ran for 25 minutes till the ruling party members entered the House.

Courtesy: Greater Kashmir

चुनाव आयोग ने भाजपा को दिया जोर का झटका, कमल छाप मोटर साइकिल को किया सीज: दैनिक आज

January 10, 2017

लखनऊ, नोटबंदी के दौरान भारतीय जनता पार्टी ने चुनाव प्रचार करने के लिए करीब 5000 मोटर साइकिल खरीदी थी। जिनका इस्तेमाल यूपी चुनाव में होना था। हालाँकि भाजपा की तरफ से ये स्पष्टीकरण नहीं दिया गया है कि ये बाइक्स उसने कैश पेमेंट या चेक के द्वारा खरीदी थी।

उत्तर प्रदेश

यूपी चुनाव के लिए खरीदी गयी बाइक्स को लेकर चुनाव आयोग ने भाजपा को तगड़ा झटका दिया है। चुनाव आयोग ने भाजपा की कमल संदेश अभियान पर रोक लगा दिया है।

चुनाव आयोग ने भाजपा के कमल वाली मोटर साइकिल से जिलों में प्रचार करने को आचार संहिता का उल्लंघन करार दिया है।

भाजपा ने कमल सन्देश यात्रा द्वारा यूपी की हर विधानसभा क्षेत्र में बीजेपी कार्यकर्ता मोटर साइकिल पर जाकर चुनाव प्रचार की योजना बनाई थी। जिसके लिए भाजपा ने करीब 5000 बाइक्स खरीदी थी जिनपर कमल निशान छपा हुआ था। भाजपा ने कमल संदेश मोटर साइकिल सवार युवकों की लिस्ट तैयार की थी, जिन्हें हर दिन 300 घरों में जाकर भाजपा का प्रचार साहित्य बांटना था। तैयारियां पूरी हो गई थीं।

18 दिसंबर को भाजपा के इस अभियान को पार्टी के प्रदेश अध्यक्ष केशव प्रसाद मौर्य को हरी झंडी दिखाना था, लेकिन एन मौके पर इस कार्यक्रम को स्थगित कर दिया गया।

इसके बाद भाजपा आलाकमान ने तय किया कि हर जिले कार्यकर्ताओं को कमल छाप मोटरसाइकिल दी जाएंगी। अभी यह मोटरसाइकिल कुछ जिलों तक ही पहुंची थी कि चुनाव आचार संहिता के चलते निर्वाचन आयोग ने इस पर रोक लगा दी है।

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Greenpeace Activist to Face Defamation Trial: SC

CRPF Rejects RTI Scrutiny, Says Pellet guns as anti-riot weapon in J&K not HR Violation

GOI “callous” to Problems of Litigants, Rejects 13 names as Allahabad HC judge: CJAR

Stiffling Protest: MP Tribal Rights Activists Arrested, Protesting Illegal Sand Mining

Modi’s demonetization atrociously planned, executed, little evidence it fought corruption: New York Times

मोबाइल देकर वोट मांगते हुए पकड़ा गया भाजपा प्रवक्ता, लालच देकर वोटरों को गुमराह कर रही भाजपा

‘Attack on Kathua Muslims’ after ‘dead Cow’ found: J & K Assembly

The J & K state assembly was adjourned on Monday after the Opposition demanded action against BJP and RSS workers, allegedly responsible for attacks on Gujjar Muslims in Kathua, reports Greater Kashmir.

चुनाव आयोग ने भाजपा को दिया जोर का झटका, कमल छाप मोटर साइकिल को किया सीज: दैनिक आज

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