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CJI may visit J&K ‘if required’ as petitioners allege difficulty in approaching J&K High Court

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Ranjan Gogoi

Chief Justice of India (CJI) Ranjan Gogoi today – Monday, Sep 16 – sought a report from the Jammu and Kashmir High Court Chief Justice on allegations that people were finding it difficult to approach the High Court and said that he will visit J&K if required.

“It is a very, very serious matter if people are unable to approach the High Court, I will myself visit Srinagar,” Gogoi said. The top court also directed the Jammu and Kashmir High Court Chief Justice to submit a report on whether the High Court is accessible to litigants or not in the wake of restrictions put in place since August 5, when the centre ended special status to the state and bifurcated it into two Union Territories.

Justice Gogoi also warned the petitioners to be ready to face the ‘consequences’ if the HC chief justice’s report was contrary to their plea.

The plea was filed by child rights activist Enakshi Ganguly on the state of children between six and 18 years because of the restrictions in Jammu and Kashmir.

“You want things done under the aegis of the High Court, you can go there,” the court said to the activist, reported NDTV.

When Ganguly’s lawyer said it was difficult to go to the High Court, CJI Gogoi responded: “Why is it difficult to go to the Jammu and Kashmir High Court? Is anyone coming in the way? We want to know from the Chief Justice (High Court). If required, I will go to the Jammu and Kashmir High Court.”

The Supreme Court, calling upon the High Court Chief Justice to submit a report, said, “The petitioner alleges access to the High Court is seriously affected.”

The CJI warned the lawyer that if the report of the High Court Chief Justice indicates contrarily, then there would be “consequences”.

Ganguly has filed a joint writ petition with Prof. Shanta Sinha, the first Chairperson of the National Commission for Protection of Child Rights in the Supreme Court on reports of illegal detention of many children in Kashmir, seeking judicial intervention in the matter.

The petition, reported India Legal, seeks court’s directions to the government for a status report on actual number of detentions, injuries and deaths of children and monitoring of detention incidents by the Juvenile Justice Committee of the J&K High Court.

The petition submits that reports of violations of different kinds “are serious enough to merit judicial review of the situation with respect to children and to enforce and monitor certain immediate corrective action.”

Also Read: CJI may visit J&K ‘if required’ as petitioners allege difficulty in approaching J&K High Court

Specific reports of children being detained, including one where an 11 year old boy was “kept in detention without any formal records between 5th August and 11th August 2019” have given rise to the need of this petition, they said.

The petition states that Kashmir is going through an ‘extraordinary situation’ and it is imperative that the court ensures that no excesses take place against the ‘most vulnerable’, keeping in view Constitutional principles and International Child rights commitments.

The petition alleges several instances of maiming and injuries caused to children and fears “deep and everlasting impact on the psychological well-being of children and by ignoring the urgency of the situation we may ‘lose’ a generation of citizens to state excesses.”

It has invoked state obligations under the UN Convention on the Rights of the Child (CRC), which India has ratified in 1992, which recalls the ‘Declaration on the Protection of Women and Children in Emergency and Armed Conflict, in its Preamble and recognizes that, in all countries in the world, there are children living in exceptionally difficult conditions, and that such children need special consideration’.

Also Read: “Can’t harass people”: Telangana CM on new Traffic rule violation fines

The petitioners have prayed that “the Supreme Court act as parens patriae to the children and direct the government to submit a status report on actual detentions, injuries and deaths of children between  August 5th 2019 to the present day.”

While demanding compensation for the injured children, the petition also seeks the implementation of Integrated Child Protection System, and fortnightly review of care plans by the J&K High Court’s Juvenile Justice Committee.

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Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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