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The Bombay High Court has directed Nanavati Hospital to submit a fresh report on the health condition of poet-activist Dr. Varavara Rao who was shifted to that hospital as per the court’s order after his health was deteriorating at the prison hospital. The next hearing is on January 13.

On November 18, the Bombay High Court Division Bench of Justices SS Shinde and Madhav Jamdar directed that Dr. Rao be shifted to Nanavati Hospital for 2 weeks, while still being in NIA custody. But the court had directed that he should not be discharged from the hospital without informing the Court and that the court would examine his medical reports. Senior Advocate Indira Jaising had argued for Dr. Rao’s release stating that even under Unlawful Activities Prevention Act, an accused is entitled to bail and his detention amounted to cruelty, “Death is inevitable. But everyone wants to exit in a dignified manner,” she had argued.

She had also informed the court that he was being looked after by his co-accused Vernon Gonsalves and Arun Ferreira who are not medically trained and so if anything, untoward happens, “it will be nothing short of a ‘custodial death’.”

After hearing the arguments, the Bench reportedly said, “Ultimately the man is on almost death bed. He needs some treatment,” and thus directed that he be moved to Nanavati Hospital. On the next hearing, on January 13, the court is likely to consider whether his medical conditions warrant extension of his stay at the hospital.

Dr. Rao a Telugu revolutionary poet was arrested under stringent charges of the Unlawful Activities (prevention) Act, in 2018 after his home was raided by the Pune police, for allegedly being involved in planning and instigating the Bhima Koregaon violence on January 1, 2018. He was initially kept under house arrest as per the apex court’s order but in 2019, he was taken under custody and lodged in Pune’s Yerawada jail where other accused in the case, Vernon Gonsalves and Gautam Navlakha have also been incarcerated.

The order may be read here.

Related:

Taloja Jail denies new spectacles to visually challenged Gautam Navlakha!

Bombay HC directs immediate hospitalisation of Dr. Varavara Rao  

Humanity is most important: Bombay HC in Gautam Navlakha case

The post Bom HC extends Varavara Rao’s hospitalisation till Jan 13 appeared first on SabrangIndia.

To commemorate the completion of one month of Delhi protest, farmers leaders called upon all peasant units to observe December 26, 2020 as “Dhikkar Diwas” and “anti-corporate protests” targeting services and products of Ambani and Adani.

“Dhikkar Diwas is aimed to damn the government for being insensitive and its refusal to address farmers demand for last several months despite huge protests in Delhi for the last month in this bitter cold,” said a press release by the All India KisanSangharsh Coordination Committee (AIKSCC.)

They also called on farmers to beat plates – thali peeto – on December 27 during Modi’s “Mann ki Baat” to oppose the Farmers (Empowerment and Protection) Agreement on Price Assurance & Farm Services Act, the Farmer’s Produce Trade and Commerce (Promotion and Facilitation) Act and the Essential Commodities (Amendment) Act.

The AIKSCC Working Group severely criticized the central government time and again for refusing to recognize the demand to repeal the three farm Acts and the Electricity Bill 2020. Members said that the government letter sent on December 24 was full of references to “demands identified in December 3 talks.” The letter also claimed the government sent proposals regarding the same and asked for “other issues” that farmers may want to discuss.

In reply, farmers Unions stressed that they had given clause-wise objections explaining how the Acts are detrimental to the security of farmers land, markets and how they serve corporates and MNCs entering agriculture markets – policy-wise, in their orientation, their basic purpose and their constitutionality.

They further stated that the government deliberately ignored their complaints and made it clear that it has no intention to solve the issues raised by farmers for the last seven months. Leaders said the government is trying to frustrate farmers by saying they are willing to talk to the administration.

“The farmers leaders have never refused any talks. We are in no hurry and are here to stay on the highways till the Acts are repealed,” they said.

Meanwhile, the strength at all four dharna sites is increasing with back-up plans for months. More people are arriving from all neighbouring areas and far-off states. On December 25, Maharashtra Jatha of 1,000 farmers arrived at Shahjahanpur border, while thousands of farmers left Uttarakhand to join Ghazipur.

Similarly, regular protest programmes and permanent dharnas continue in nearly 200 districts. More than two lakh farmers have been on an indefinite dharna in Delhi for the last 29 days.

The AIKSCC criticized the adamant attitude of the Govt and has stated that the Govt is insensitive to the future and survival of farmers and to their sufferings in conditions of cold. They also condemned the continuing repression in Haryana, UP and MP by BJP governments.

“The false charge of section 307 on 13 farmers of Haryana, who were allegedly part of the protest against Chief Minister Manohar Lal Khattar, is an attempt to throttle genuine dissent. It will only inspire more protests,” said the AIKSCC.

Related:

JantarMantar: Farmers’ movement has reunited people of Haryana and Punjab

Boycott Ambani-Adani products, ‘ThaliBajao’ on December 27 during PM Modi’s Mann Ki Baat.

Rajasthan julloos at par with Delhi protests! Farmers observe relay fast

Karnataka farmers stand steadfastly with protesting Delhi farmers, will reach Delhi border on Dec 25

Plunging prices of agri produce, potatoes, maize etc expose untruths of ModiGovt

Rural and urban Maharashtra all witness the strength of the farmers’ movement

Are the new farm laws constitutional?

The post Farmer leaders call for Dec 26 as ‘Dhikkar Diwas’ & a corporate boycott appeared first on SabrangIndia.

Photo Credits: Gujarat Today

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Photo Credits: Gujarat Today

Photo Credits: Gujarat Today

The post The voice of India’s ‘annadaatas’: Unique posters and images from the Farmers’ Protest appeared first on SabrangIndia.

On November 3, 2020, the Supreme Court is likely to hear a matter related to 10 Congress Members of Legislative Assembly (MLAs) from Goa who defected to the BJP in July 2019. The petitioner had sought that the court’s decision on its disqualification plea be expedited by two weeks reported The Times of India.

It is noteworthy that when state elections took place in 2017, the Congress emerged as the single largest party with 17 seats, while the BJP women 13 in the 40-member assembly. But the BJP then craftily cobbled together a coalition and formed the government with the Late Manohar Parrikar as CM. After Parrikar’s death in March 2019, Pramod Sawant succeeded him as Chief Minister.

But, in July 2019, 10 Congress MLAs led by Chandrakant Kavlekar who was then leader of the Opposition in the Goa Assembly, defected to the BJP. These were: Atanasio Monserratte, Jeniffer Monserratte, Francis Silveira, Philip Nery Rodrigues, Cleaofacio Dias, Wilfred D’Sa, Nilkant Halarnkar, Isidor Fernandes and Antonio Fernandes.

But propaganda ensured that this was not viewed as a defection, and even the Speaker gave the go-ahead for the ‘merger’ given how two-thirds of the MLAs of one party had switched to the other side. This is seen by many political watchers as a rather twisted interpretation of the anti-defection law added to the Constitution as the Tenth Schedule by the 52^nd amendment in 1985 (interestingly under Rajiv Gandhi’s tenure as Prime Minister). The Congress for its part maintained that this wasn’t a ‘merger’ as there was no split in the Congress and the Congress certainly had not merged with the BJP.

In wake of acceptance of the Speaker of the ‘merger’ though, the disqualification petition remained pending from August 2019. On February 13, 2020, Goa Assembly Speaker Rajesh Patnekar heard the disqualification petition filed by the Congress and lawyers of the 10 (defected) MLAs sought time to file their replies. But this was way past the three-month deadline set for hearing disqualification petitions as set by the Supreme Court when it heard a similar matter related to defection of MLAs in Manipur.

The subject of defection and application of the anti-defection law proved to be contentious and the matter went to court. In fact, in June 2020, a Supreme Court Bench comprising Chief Justice SA Bobde, Justices AS Bopanna & MR Shah issued “early notice” returnable within three weeks, on the plea filed by Girish Chodankar, Goa Congress President that contends that the disqualification plea which is pending since August 2019 before the Speaker must be expedited. It additionally seeks restraining the 10 defected MLAs to BJP from officiating as MLAs and ministers. Moreover, the plea reiterated that the Speaker has violated the deadline of 3 months to decide disqualification which was set by the Supreme Court in its ruling pertaining to the Manipur MLA defection case.

It is also noteworthy that on July 21, the Supreme Court had issued notice to the Speaker of Goa Legislative Assembly on a plea filed by Maharashtrawadi Gomantak Party (MGP) Leader Sudin Dhavalikar. The plea had sought issuance of directions to the Speaker to decide disqualification petition filed against 2 defected MGP MLAs, pending since May 5, 2019 and tagged it with Chodankar’s plea.

Meanwhile, the defections in Goa and subsequent rewards to said defectors in terms of ministerial berths led to much heart-burn in the BJP itself. The BJP led coalition had anyway grown stronger with support from six MLAs from the Goa Forward party and independents and many viewed the fresh influx of Congress turncoats as unnecessary.

Related:

Losing game: BJP’s footprint shrinks from 71% in 2014 to 40% in 2018

Assembly numbers bust the hype of BJP’s electoral dominance

The post SC to hear plea on disqualified Goa Congress MLAs appeared first on SabrangIndia.

On October 5, 2020 the Karkardooma Court in Delhi granted bail to Noor Mohammad, who had been in judicial custody since April 2, 2020 in connection with the February 2020 Delhi violence. Mohammed was let off on bail upon furnishing a bond of Rs 20,000 with one surety each in the three cases related to rioting and vandalising shops in Khajuri Khas area.

This Bail order was passed by Additional Sessions Judge Vinod Yadav through video conferencing which also directed Noor to not tamper with evidence or influence any witness in any manner, to maintain peace and harmony in the locality and to appear before the court on the date of every hearing. He was also asked to install the Aarogya Setu app in his smartphone, provide his number to the SHO of Police Station Khajuri Khas and make sure it’s in a working condition to be contacted easily. Noor Mohammad was represented by Akhtar Shamim, while Special Public Prosecutor Manoj Choudhary led the prosecution team.

The first FIR was registered on the complaint of Giyanender Kumar Kochar who alleged that his shop Bunny Bakers in Khajuri Khas was vandalised by a mob on February 24, 2020. The second FIR was registered by one Hanif who alleged that his tailor shop was destroyed by the riotous mob on the same day. The third FIR was registered on the complaint of Sanjay Kumar Goyal who alleged that his medicine shop was set on fire by the mob again on the same day of February 24, 2020. 

The court observed that Noor had not been named by the 3 complainants in their respective statements and that it was only after 40 days of the vandalising incident, that they identified Noor at the Khajuri Khas Police Station, Delhi. “It also does not appeal to the senses that initially all the aforesaid three complainants did not specifically name the applicant in their respective complaints, but later on after about 40 days of the incident, all of them identified the applicant in PS Khajuri Khas”, observed the court.

Under section 141 of the Indian Penal Code, a minimum number of five people is mandatory to constitute an “Unlawful Assembly” but the Court observed that “the incident in the matter took place on 24.02.2020 and till date besides the applicant, the investigating agency has not been able to identify any other member of the so called “unlawful assembly”. Judge Vinod Yadav also stated that “There is no electronic evidence available against the applicant, either in the form of any CCTV footages or his Call data record location, which could prime facie show his presence at the scene of crime on the date of incident.”

The Court upbraided investigation agencies for their laxity given how the incident took place in February, and a chargesheet was in place, but no incriminating evidence against Noor was available on record even after months. “The investigating agency is blowing the trumpet that investigation of the cases are underway and remaining persons of the unlawful assembly have to be identified and arrested in the manner,” the court reportedly observed. The court, however, clarified that anything stated in the order should not be construed as expressing any opinion on the final merits of the cases, as they were at “pre cognizance/pre committal stage.”

In a case of similar fate, one Firoz Khan was booked under the rioting and mischief sections of the Indian Penal Code over the Delhi riots and had been in custody since April 3, 2020. On May 29, 2020 Justice Anup J Bhambhani of the Delhi High Court extended regular bail to him stating that prison is predominantly for convicts. The court observed, “Prisons are not for detaining undertrials in order to send any ‘message’ to society. The remit of the court is to dispense justice in accordance with law, not to send messages to society. It is this sentiment, whereby the State demands that undertrials be kept in prison inordinately without any purpose, that leads to overcrowding of jails; and leaves undertrials with the inevitable impression that they are being punished even before trial and therefore being treated unfairly by the system.”

The Court noticed that the Complainant had neither named or identified the Applicant Firoz and that the Prosecution relied on the statement of the alleged eye witness- a police constable to establish the presence of the Applicant on the spot at the relevant time. But the FIR clearly claimed that no police was present at the time of the incident. The Court also observed that while the offences were alleged to have been committed by an unlawful assembly, even after concluding investigation, only 2 people were named and identified out of hundreds of people. The court observed, “This court is conscious that ‘judicial custody’ is the custody of the court; and the court will be loathe to depriving a person of his liberty, in the court’s name, on the mere ipse-dixit of the State, when it finds no substantial basis or reason for doing so.” Firoz Khan was represented by Senior Advocate Rebecca John with Advocate Bilal Anwar Khan.

Violent communal clashes had broken out in North East Delhi on February 23, 2020 between Citizenship law supporters and protesters, leaving 53 people dead of which two thirds were allegedly Muslims, and hundreds of others injured.

The Bail Order may be read here:

Related:

Natasha Narwal of Pinjra Tod gets bail in Delhi riots case

Umar Khalid arrested by Delhi Police Special Cell

Bail to 21 accused of violence in anti-CAA protests in Mangaluru: SC

The post Delhi Court grants Noor Mohammed bail in riots case appeared first on SabrangIndia.

Photo Credits: Rupabehn Mody, Sairabehn Sandhi, Salimbhai Sandhi, Firoz Gulzar Pathan offer prayers amongst the ruins of their homes in Ahmedabad’s Gulberg Society.. 28.02.2020

Photo Credits: Rupabehn Mody, Sairabehn Sandhi, Salimbhai Sandhi, Firoz Gulzar Pathan offer prayers amongst the ruins of their homes in Ahmedabad’s Gulberg Society.. 28.02.2020

Photo Credits: Rupabehn Mody, Sairabehn Sandhi, Salimbhai Sandhi, Firoz Gulzar Pathan offer prayers amongst the ruins of their homes in Ahmedabad’s Gulberg Society.. 28.02.2020

Photo Credits: Rupabehn Mody, Sairabehn Sandhi, Salimbhai Sandhi, Firoz Gulzar Pathan offer prayers amongst the ruins of their homes in Ahmedabad’s Gulberg Society.. 28.02.2020

Photo Credits: Rupabehn Mody, Sairabehn Sandhi, Salimbhai Sandhi, Firoz Gulzar Pathan offer prayers amongst the ruins of their homes in Ahmedabad’s Gulberg Society.. 28.02.2020

Photo Credits: Rupabehn Mody, Sairabehn Sandhi, Salimbhai Sandhi, Firoz Gulzar Pathan offer prayers amongst the ruins of their homes in Ahmedabad’s Gulberg Society.. 28.02.2020

Photo Credits: Rupabehn Mody, Sairabehn Sandhi, Salimbhai Sandhi, Firoz Gulzar Pathan offer prayers amongst the ruins of their homes in Ahmedabad’s Gulberg Society.. 28.02.2020

Photo Credits: Rupabehn Mody, Sairabehn Sandhi, Salimbhai Sandhi, Firoz Gulzar Pathan offer prayers amongst the ruins of their homes in Ahmedabad’s Gulberg Society.. 28.02.2020

Photo Credits: Rupabehn Mody, Sairabehn Sandhi, Salimbhai Sandhi, Firoz Gulzar Pathan offer prayers amongst the ruins of their homes in Ahmedabad’s Gulberg Society.. 28.02.2020

Photo Credits: Rupabehn Mody, Sairabehn Sandhi, Salimbhai Sandhi, Firoz Gulzar Pathan offer prayers amongst the ruins of their homes in Ahmedabad’s Gulberg Society.. 28.02.2020

Photo Credits: Rupabehn Mody, Sairabehn Sandhi, Salimbhai Sandhi, Firoz Gulzar Pathan offer prayers amongst the ruins of their homes in Ahmedabad’s Gulberg Society.. 28.02.2020

Photo Credits: Rupabehn Mody, Sairabehn Sandhi, Salimbhai Sandhi, Firoz Gulzar Pathan offer prayers amongst the ruins of their homes in Ahmedabad’s Gulberg Society.. 28.02.2020

Photo Credits: Rupabehn Mody, Sairabehn Sandhi, Salimbhai Sandhi, Firoz Gulzar Pathan offer prayers amongst the ruins of their homes in Ahmedabad’s Gulberg Society.. 28.02.2020

Photo Credits: Rupabehn Mody, Sairabehn Sandhi, Salimbhai Sandhi, Firoz Gulzar Pathan offer prayers amongst the ruins of their homes in Ahmedabad’s Gulberg Society.. 28.02.2020

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The Uttar Pradesh government, on May 15, withdrew its notification dated May 8 in which it was stipulated that daily work hours for factory workers will be increased to 12 hours and weekly hours will be increased from 48 hours to 72 hours. Further it had also amended the interval of rest by reducing it to half an hour which can be taken after 6 hours of continuous work, while the law stipulates one hour break after 5 hours of continuous work.

In Allahabad High Court

This notification was challenged before the Allahabad High Court vide a Public Interest Litigation (PIL) and after the state government was issued notice, it appeared before the court stating that it has now withdrawn the said notification thus rendering the petition to be infructuous. There is absolutely no victory in the outcome of this case though. The reason being that the notification is separate from the UP government’s ordinance which suspends more than 30 labour operational in the state, including central as well as state laws and has similar provisions as the now withdrawn notification. 

Since labour is a concurrent subject, all states have supplemented central laws with laws of their own. This ordinance suspends several such laws giving absolute liberty and leeway to employers at several establishments to treat the labourers in a manner they please with, almost no interference from the government. The pertinent point to be noted is that the withdrawal of the said notification is nothing but a farce since similar provisions persist in the ordinance promulgated by the UP cabinet which has been sent to the President for approval.

The Allahabad High Court, after recording the state’s submission that the impugned notification has been withdrawn, disposed off the petition deeming it infructuous.

SC – Petition against UP, MP and Gujarat notifications

However, a PIL has been filed before the Supreme Court challenging the dilution of labour laws not just by Uttar Pradesh, but also Madhya Pradesh and Gujarat. The petition filed by one Pankaj Kumar Yadav through Advocate Nirmal Kumar Ambastha seeks directions to quash these notifications issued by these states. Now that Uttar Pradesh has already withdrawn this impugned notification, it means that part of this PIL is already infructuous. It however does not mean that the entire PIL will be dismissed in toto since the Madhya Pradesh and Gujarat notifications are still in operation.

These notifications have been passed under section 5 of the factories Act which gives the state government the power, in times of public emergency, to exempt factories from all provisions of the Act, for 3 months at a time.

The PIL states that the poor labourers cannot be exclusively burdened to bear the detrimental effects of economic growth of the economically ruined country. It states that the welfare of the labourers cannot be overridden in the interest of boosting economic activity. The PIL states that the exemptions proposed by these states “amounts to invasion on the rights of the citizens (poor labourers) under guise of exemption for economic development granted to their employers, which clearly defeats the ostensible object of the benevolent legislations enacted for comfort, welfare and safety of the poor workmen and therefore, same are arbitrary and unconstitutional and deserves to be quashed.”

The petitioner also points out that these exemptions are illegal as they grant the employers a free hand without giving due regard to physical, mental and economic welfare of the poor workmen and also amounts to infringement of the fundamental rights of these labourers. The petitioner states that these notifications have been issued without application of mind and hence, deserved to be quashed by the court.  

SC- Petition against all such notifications and ordinance of states

Another PIL has reached the Supreme Court challenging the constitutional validity of the notifications issued by Gujarat, Rajasthan, Haryana and Himachal Pradesh, Uttarakhand, Uttar Pradesh, Madhya Pradesh, Assam, Punjab, and Goa.

The petition filed by a law student Nandini Praveen, through Advocate Nishe Rajen Shonker, contends that central laws cannot be abridged by state government by way of executive orders.

The notifications that have been issued by these states are under the power to exempt in case of public emergency as provided under section 5 of the Factories Act. The petitioner contends that the current situation does not qualify as a public emergency as per the Factories Act. The petitioner states that “public emergency” means “a grave emergency whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression of internal disturbance.” The petitioner states that inconvenience caused to the public at large and the administration due to the strict lockdown guidelines imposed by the Central and state government cannot be termed as an internal disturbance. There is no situation of ‘domestic chaos’ as well.

The petitioner states that these notifications and ordinances are arbitrary, unjust and illegal and are liable to be quashed for infringing upon the fundamental rights of the workers. The petitioner also stated that by suspending welfare and health measures of workers and by increasing work hours constitute forced labour and asked the court to view the term in a broader sense as subscribed to by the apex Court in People’s Union for Democratic Rights v. Union of India (1982 AIR SC 1473).

The petition further stressed upon how these notifications and ordinances impinge upon the labourers right to health, minimum wages, right against exploitation and forced labour and also constitutes violation of international covenants related to labour rights.

The petition seeks directions from the court to the Centre to ensure strict implementation of the central laws which have been affected/diluted by these notifications and ordinances and then quash the same for being arbitrary as well as violative of fundamental rights under Articles Article 19(1)(C) [right to form associations of unions], 21 [right to life] and 23 [prohibition of forced labour].

Since the second petition deals with a wider array of notifications, it is likely that both petitions before the Supreme Court may be combined and if the court finds these executive orders of the states to be invalid, the ordinances will become invalid even before becoming a law. If the apex court deems all these notifications and ordinances to be invalid and unjust, it will not only set a strong precedent for violation of labour rights but will also deter other states from taking the same course of action any time in the future. Indian Constitution cares a great deal about labour laws and the same is evident from the fundamental rights as well as the Directive Principles of state policy, which even if being unenforceable, are still vision of the drafting committee of the Constitution which cannot be overlooked when adjudicating upon the constitutionality of a law.

Related:

Gujarat reopens: Have economic considerations overtaken health concerns?

Karnataka refuses entry to migrants from Maharashtra, Gujarat, Kerala and Tamil Nadu

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Photo Credits: Jamalpur ke patang Bareilly ya Surat ki dori Aur ban gayee patang ki jodi* Do read https://sabrangindia.in/article/blowing-wind

Photo Credits: Jamalpur ke patang Bareilly ya Surat ki dori Aur ban gayee patang ki jodi* Do read https://sabrangindia.in/article/blowing-wind

Photo Credits: Jamalpur ke patang Bareilly ya Surat ki dori Aur ban gayee patang ki jodi* Do read https://sabrangindia.in/article/blowing-wind

Photo Credits: Jamalpur ke patang Bareilly ya Surat ki dori Aur ban gayee patang ki jodi* Do read https://sabrangindia.in/article/blowing-wind

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In a strongly worded editorial in its mouthpiece Saamna, the Shiv Sena not only questioned the BJP’s vote bank politics, but also wondered if it would lead to communal violence. The piece said, “There is no dearth of problems in India now but still we are inviting new ones such as CAB. It looks like the Centre has made an invisible partition of Hindus and Muslims over the bill.” It went on to ask, “It is true that there is no other country for Hindus except Hindustan. But by accepting only Hindus among the illegal immigrants…will it be a trigger of a religious war in the country?”

The editorial appeared on the morning of December 9, the same day the CAB was tabled and discussed in the Lok Sabha.

And while it did not reject the CAB outright, the Shiv Sena suggested that the newly minted citizens under CAB not be granted voting rights for 25 years. This is a tactical move, as it allows the Shiv Sena a tight-rope walk balancing its relationship with the BJP at the Center and the Congress and NCP in Maharashtra. In fact, once again genuflecting at Modi’s alter, perhaps out of habit, the Shiv Sena said, “Like Pakistan, PM Modi should teach a strong lesson to other neighbouring countries torturing the communities like Hindus, Sikhs, Christians, Parsis and Jains”. The piece added, “Now, he should ensure that these communities won’t have to leave their respective countries with his similar adventurous actions. This would help in strengthening the country’s internal security as well.” 

The Shiv Sena has 18 MPs in the Lok Sabha and only three MPs namely, Anil Desai, Rajkumar Dhoot and Sanjay Raut in the Rajya Sabha.

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