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Ayodhya case: Daily hearing in Supreme Court from July 25 if mediation efforts fail

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Ayodhya case: Daily hearing in Supreme Court from July 25 if mediation efforts fail

The Supreme Court today (Thursday, July 11) asked the three-member mediation panel in the Ayodhya land dispute case for its status report by July 18 and said that if its finds that the talks are not working, it will commence a day-to-day hearing of the Ayodhya title dispute appeals against Allahabad High Court’s September 30, 2010 verdict from July 25.

The mediation panel is headed by Justice FM Ibrahim Kalifulla, with spiritual teacher Sri Sri Ravi Shankar and senior advocate Sriram Panchu as the other two members.

“We ask the mediation committee chairperson to give a status report. This report will be submitted by next week and we will decide on this next week. We also make it clear that in case the mediation committee says it should be concluded, we will start hearing the appeals from the July 25,” said a five-judge bench of the Supreme Court headed by Chief Justice Ranjan Gogoi today.

The court’s order seeking a progress report from the committee came on an urgent plea made by a claimant to the disputed Ramjanmabhoomi-Babri Masjid land that the mediation proceedings were making no headway whatsoever.

The panel was earlier given time till August 15 to engage in talks with the parties for an amicable settlement to heal hearts and minds.

The committee is now in the thick of its second round of talks. It finished the initial round and had filed an interim status report dated May 7 in the Supreme Court, successfully seeking more time from it.

On July 9, Rajendra Singh, survivor of Gopal Singh Visharad, an original claimant to the dispute who filed a title suit way back in 1950, said the mediation was making no headway. It was listed before a bench of Chief Justice Ranjan Gogoi and Justices S A Bobde, D Y Chandrachud, Ashok Bhushan and Abdul Nazeer.

Singh asked the CJI to stop mediation and start adjudication on the appeals pending since the past eight years in the Supreme Court.

Singh said that “he is entitled to offer worship without any obstruction according to the rites and tenets of his religion at the birthplace of Lord Shri Ram Chandra”.

Singh’s counsel, senior advocate K Parasaran said it was “difficult to settle disputes like this and the Supreme Court should authoritatively decide the matter”.

“The suit was filed in 1950, even before the Constitution came into existence. Sixty-nine years have passed since,” Parasaran submitted, highlighting the supposed futility of efforts to settle the dispute.

Senior advocate Rajeev Dhavan, lawyer for the Muslim appellants, questioned the purpose of the application filed by Singh. “This is just to intimidate us. Very serious mediation is going on. This application should have ideally asked the court to direct the mediation committee for a status report, instead it wants the court to entirely scrap the mediation process. Unhappy parties like them want to scrap the mediation efforts,” Dhavan submitted.

To this, the CJI said since the court had constituted the mediation panel, the court itself would ask the committee for a report.

“We are entitled to know what is happening,” Justice Gogoi said to Dhavan.

Justice Kalifulla has been asked to detail the progress made so far and the stage at which the mediation is currently in.

The Bench had sent the Ayodhya dispute for mediation on March 8. It had given the panel an initial deadline of eight weeks.

The eight weeks was the time given to the Muslim parties to examine the accuracy and relevance of the Uttar Pradesh government’s official translation of thousands of pages of oral depositions and exhibits in the Ayodhya title suit appeals pending since 2010 in the Supreme Court.

The committee has already held several rounds of mediation with stakeholders in Faizabad district in Uttar Pradesh of which the disputed area in Ayodhya is a part of.

The CJI had expressed hope that mediation may spell a peaceful end to the volatile dispute between the members of the two religious faiths. The Constitution Bench chose mediation despite the fact that barring the Sunni Waqf Board and the Nirmohi Akhara, one of the Hindu petitioners, all were against mediation and some Hindu parties objecting that their faith in Lord Ram’s birthplace was “non-negotiable”.

But the judges had said mediation may help in “healing relations”.The Bench had explained that the Ramjanmabhoomi-Babri Masjid case “is not about the 1500 sq. ft. of disputed land, but about religious sentiments. We know its impact on public sentiment, on body politic. We are looking at minds, hearts and healing if possible”.

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Supreme Court judge calls police assault on CJP protesters very distressing

Supreme Court judge Justice Ujjal Bhuyan criticised alleged police assaults on CJP protesters and raised concerns over excessive force.

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Supreme Court

Supreme Court judge Justice Ujjal Bhuyan has criticised the assault of protesters by police personnel during the recent CJP demonstrations in Delhi, describing the conduct as “very, very distressing” and a matter of serious concern.

Speaking at the launch of retired IPS officer Yashovardhan Azad’s book Policing the Republic, Justice Bhuyan said the detachment expected from police officers appeared to be diminishing.

He expressed concern over young Indian Police Service officers personally participating in the assault of protesters and demonstrators.

Justice Bhuyan stresses need for responsible policing

Justice Bhuyan said effective policing does not require excessive use of force or infringement of human rights. He emphasised that the police play an important role in maintaining public confidence because citizens generally approach the police when they feel they have been wronged.

He said maintaining the credibility of the police force was therefore of “utmost importance”.

The judge’s remarks come amid continuing scrutiny of the police and paramilitary response to the CJP protests in Delhi.

Supreme Court panel to examine police action

The Supreme Court has constituted a high-level panel to investigate allegations concerning the use of force by Delhi Police during the July 20 student protests at Jantar Mantar and the subsequent Parliament march.

The panel, headed by former Supreme Court judge Justice R Subhash Reddy, will examine complaints relating to lathi charges, tear gas, pellet guns and electronic batons. It will also look into allegations of targeted harassment or molestation of female protesters and review available CCTV and video footage.

The police response during the protests has faced criticism, while Delhi Police has maintained that its personnel were also attacked during the clashes.

Judge raises concern over custodial deaths and torture

Justice Bhuyan also spoke about custodial torture and deaths, describing custodial death as one of the gravest crimes in a society governed by the rule of law.

He stressed that torture and cruel, inhuman or degrading treatment cannot be accepted, regardless of whether such conduct takes place during investigation, interrogation or other circumstances.

The judge further warned that when government functionaries themselves become lawbreakers, it can undermine respect for the law and encourage lawlessness.

He questioned whether citizens lose their fundamental rights simply because they have been arrested by police.

‘Fake encounters’ cannot be part of policing

Justice Bhuyan also addressed allegations of extra-judicial killings, commonly referred to as “fake encounters”. Referring to a 2011 Supreme Court judgment, he said such encounters undermine the rule of law.

He stressed that an “encounter philosophy” cannot become part of legitimate policing and said proven fake encounters involving serving police officers must be treated with the utmost seriousness.

The Supreme Court’s panel will now examine the allegations surrounding the police action during the July 20 protests as scrutiny of the events continues.

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8 Tamil Nadu engineering students killed in Kerala car-lorry crash

Eight engineering students from Tamil Nadu were killed after their car collided with a parked lorry on NH-66 in Kerala’s Thrissur district.

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Eight engineering students from Tamil Nadu were killed after the car they were travelling in crashed into a parked lorry on NH-66 in Kerala’s Thrissur district late Friday night, police said.

The accident took place at around 11.40 pm at Panambikkunnu in Kaipamangalam. The students were travelling from Guruvayur towards Kodungallur when their car collided with the rear of the lorry.

What happened in the Thrissur accident

According to the FIR, the lorry was parked illegally on the right side of the highway near a barricaded section where traffic had been diverted because of ongoing construction work.

Police said the car was travelling at high speed and its driver apparently failed to notice the diversion barricade before the vehicle crashed into the rear of the lorry.

The lorry was registered in Maharashtra.

Six students died at the accident spot, while two others were declared dead on arrival at a nearby hospital, police said.

Six victims identified

The victims were students of an engineering college in Dindigul and were travelling towards Kodungallur along NH-66.

Police have identified six of the eight victims. Four of them — Surya, Yuvasanjith, Vishva and Johua — were from Dindigul. The other two identified victims were Santhosh and Prasanna from Madurai.

The identities of the remaining two students are yet to be confirmed.

Residents, fire and rescue personnel and police took part in the rescue operation and pulled the students from the badly damaged car. The bodies were subsequently taken to the mortuary of Thrissur Medical College.

Case registered against lorry driver

Kaipamangalam police have registered a case against the lorry driver under Section 105 of the Bharatiya Nyaya Sanhita for culpable homicide.

Police said the driver went into hiding shortly after the accident.

The families of the victims were contacted using student identity cards recovered from the bodies. Police said some families were unaware that their children had travelled to Kerala.

Postmortem examinations will begin after the families reach Thrissur Medical College, police said.

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Air India sacks Phuket-Delhi flight pilot after failing drug test

Air India has terminated the Phuket-Delhi flight pilot after a confirmatory test found a psychoactive substance following the August 4 incident.

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Air India has terminated the employment of the pilot-in-command of a Phuket-Delhi flight after he tested positive for a psychoactive substance.

The pilot was in command of flight AI2379, which was travelling from Phuket to Delhi on August 4 when the aircraft suddenly lost altitude over Odisha. The incident left 24 passengers injured.

Air India said the termination was in line with its zero-tolerance policy regarding safety violations and regulatory requirements.

Air India terminates pilot with immediate effect

In a statement, the Tata-owned airline said the pilot-in-command had tested positive for a psychoactive substance.

The airline said that, considering its zero-tolerance approach to violations related to safety, fitness and regulatory requirements, the pilot’s employment had been terminated with immediate effect.

Air India also said it continues to cooperate fully with the investigation into the incident and has provided access to relevant operational, maintenance and technical records.

What happened on the Phuket-Delhi flight?

According to the preliminary findings of the Aircraft Accident Investigation Bureau (AAIB), the Airbus A320 was carrying 145 people when it experienced the near-simultaneous loss of all three hydraulic systems while cruising at around 36,000 feet.

The technical failure resulted in the autopilot disconnecting and triggered a brief stall warning. The aircraft subsequently lost altitude, resulting in injuries to 24 passengers.

The preliminary report also noted that the pilot tested non-negative for a psychoactive substance in a confirmatory test.

However, the report did not establish that the pilot’s drug-test result caused or contributed to the hydraulic system failure or the subsequent loss of altitude.

AAIB recommends action over psychoactive substance finding

The AAIB described the confirmation of psychoactive substance use as a serious concern and recommended that the Directorate General of Civil Aviation (DGCA) take appropriate action against the pilot on priority.

The investigation into the technical and other aspects of the incident is still underway.

The preliminary report also noted that the co-pilot was flying the aircraft when the incident occurred and attempted to bring the situation under control.

Air India said safety remains its highest priority and that its pilots undergo training, proficiency checks, medical examinations and other regulatory assessments in accordance with applicable requirements.

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