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SC to decide Rohingya deportation case on “points of law”, not “emotional arguments”

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Rohingya

[vc_row][vc_column][vc_column_text]Govt argues – if Rohingya refugees stay put in India, labour rates would become so low that Indians would suffer”

The Supreme Court, on Tuesday, said it would hear the bunch of petitions filed before it on the issue of deportation of Rohingya Muslims only on the “points of law” and asked the parties – Centre and other petitioners – to desist from advancing “emotional arguments”, noting that the case that concerns “humanitarian cause and humanity” requires to be heard with “mutual respect”.

The Supreme Court bench of Chief Justice Dipak Misra and Justices DY Chandrachud and AM Khanwilkar also rejected the Centre’s contention that the issue of deporting Rohingya “illegal migrant” to Myanmar was outside the remit of the judiciary. “I, for one, believe, from my past experience of 40 years, that when a petition like this comes to us under Article 32 of the Constitution, the court should be very slow in abdicating its jurisdiction,” Chief Justice Dipak Misra said.

The Bench instead asked the Union government to answer if India can live up to its international commitments and protect Rohingya women, children, the sick and the old who are “really suffering”?

“The concern for humanitarian cause and humanity should come with mutual respect,” the Bench said, while asking the Centre and two Rohingya petitioners to compile all documents and international conventions for its assistance.

The Myanmarese government has given its conditional consent to taking back some of the Rohingya refugees, but that issue did not come up in the hearing on Tuesday, possibly because of a lack of clarity on the assurance.

Three senior advocates have sought the Supreme Court’s direction to the Centre against any move to deport the Rohingya refugees on the ground that the ethnic minority will face imminent threat of persecution in their homeland.

Senior counsel Fali S Nariman referred to the affidavit filed by Government of India in which the Centre has dubbed the Rohingya refugees as a “threat to national security”.  Nariman countered the government’s plan to deport Rohingyas saying: “We have been accepting refugees for ages. This problem is not just with the Union of India, but with all the states as well. The major issue in the affidavit is that the government has already ordered all the states to identify all Rohingya immigrants who crossed the boundary of India illegally, to identify them and deport them expeditiously.”

A legal luminary of international repute, Nariman, who introduced himself to the Bench as a refugee from British Burma (now Myanmar), submitted that the fundamental right to life enshrined in Article 21 of the Constitution protected all “persons”, including refugees who fled persecution in their native countries.

He said the obligation to grant asylum was universal. “The Government of India has constantly made efforts to substantiate, enhance the rights of refugees. TheAugust 8 communication (the affidavit filed by the Centre in the SC on the Rohingya issue) is totally contradictory to Article 14. It sticks out like a sore thumb in our nation’s policy towards protecting refugees.”

Nariman informed the court that in December 2011 the then UPA government had sent a document to all the states, saying that the Union government was considering amending all the laws related to refugees in which procedures of getting Indian citizenship will be simplified.

The bench said: “This is the first time we are dealing with a case of this nature. The children and women are really suffering in a harsh environment. India should take certain steps to (ensure the safety of) the large body of humanity.”

Additional Solicitor General Tushar Mehta, however, countered prayers for allowing Rohingyas to stay put in India saying: “If the government allows them, the labour rate will become so cheap that our citizens will start suffering.”[/vc_column_text][/vc_column][/vc_row]

India News

Swati Maliwal reacts to viral video, refers accused as political hitman

The Rajya Sabha MP added that the political hitman is getting his people to tweet and play videos without any context.

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Aam Aadmi Party (AAP) Rajya Sabha MP Swati Maliwal has reacted to the viral video, allegedly shot at Delhi Chief Minister Arvind Kejriwal’s residence. The video shows the Rajya Sabha MP in a heated confrontation with the staff. 

Reacting to the viral video on X, formerly Twitter, Swati Maliwal said that like every time, this political hitman has started efforts to save himself.  She was apparently referring to Bibhav Kumar, whom she accused of assaulting her. 

The Rajya Sabha MP added that the political hitman is getting his people to tweet and play videos without any context. She added that the truth will be revealed to everyone as soon as the CCTV footage of the house and the room is checked.

She concluded that he may fall to whatever level he can, but God is watching everything, and one day everyone’s truth will come out in front of the world. Earlier, Swati Maliwal has alleged that she was assaulted by the Chief Minister’s personal assistant, Bibhav Kumar, when she sought time to meet the Chief Minister that day. 

In the viral video, shared across the social media platforms, Swati Maliwal can be seen engaged in a heated exchange with staff members who are requesting her to exit the drawing room. 

In the footage, Bibhav Kumar, Chief Minister Arvind Kejriwal’s former PA implicated in the assault allegations, is seen present in the room while other staff are speaking with Swati Maliwal. Additionally, MP Swati Maliwal is also heard issuing a threat to one of the staff members, vowing to ensure their job termination. However, the authenticity of the video remains unverified.

In the formal complaint lodged with the Delhi Police, Swati Maliwal detailed a disturbing sequence of events, alleging that Bibhav Kumar subjected her to multiple instances of physical violence. Maliwal alleged that Bibhav Kumar repeatedly slapped her at least seven to eight times while she continued to cry. She also said that she was dragged and kicked in the chest, stomach, and pelvis area.

The complaint stated that when she entered the office and attempted to reach the Chief Minister’s PA, Bibhav Kumar, she was unable to find him. She then entered the residence and was told to wait in the drawing room, when Bibhav Kumar suddenly entered, shouting and abusing her. The alleged assault took place on May 13, when she visited the Civil Lines residence of Chief Minister Arvind Kejriwal. 

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India News

ED names Arvind Kejriwal, AAP as accused in Delhi excise policy case

Arvind Kejriwal was taken into custody on March 21. The Supreme Court last Friday granted him interim bail.

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Delhi Chief Minister Arvind Kejriwal has been named toady as a prime accused by the Enforcement Directorate in a new supplemental chargesheet in the money laundering case pertaining to the now-scrapped Delhi liquor excise policy 2021–2022.

The Aam Aadmi Party (AAP) has been identified as an accused in the case by the central inquiry agency.

In the excise policy case, the ED informed the Supreme Court that it had found conversations between Arvind Kejriwal and hawala operators about the purported profits of crime.

The organization said that since Kejriwal declined to provide the password to his devices, the chats were retrieved from the hawala operators’devices.

Kejriwal filed a plea contesting the legality of his arrest by the EnforcementDirectorate, and the top court has reserved its decision. It allowed the Delhi Chief Minister to petition the trial court for bail without compromising his legal rights and appeals before the Supreme Court.

The CM filed a plea contesting the legality of his arrest by the EnforcementDirectorate, and the top court has reserved its decision. It allowed the Delhi Chief Minister to petition the trial court for bail without compromising his legal rights and appeals before the Supreme Court.

After the Delhi CM ignored nine summonses from the ED, he was taken into custody on March 21. The Supreme Court last Friday granted him interim bail. Last month, bail was granted for Sanjay Singh, his party colleague. Two other leaders of the party, Manish Sisodia and Satyendar Jain, remain incarcerated.

On August 22, 2022, the ED filed a money laundering case in response to a CBI FIR that had been filed on August 17, 2022, in order to investigate suspected anomalies in the DelhiExcise policy of 2021–2022.

Following Delhi Lieutenant Governor V K Saxena’s recommendation for an investigation into purported irregularities in the formulation and execution of the liquor policy, the CBI had filed a FIR.

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2024 Lok Sabha Elections

Rahul Gandhi says Congress will give 10kg free ration if elected to power

He also recalled that during the UPA government, the Congress has given legal status to the right to food through the Food Security Act.

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Ahead of the fifth phase of the Lok Sabha election, Senior Congress leader Rahul Gandhi on Friday said that the Congress will provide 10 Kg free ration to the poor families if elected to power. He added that 10 Kg ration along with Rs 8500 per month will promote education and self-employment among millions in the country.

Taking to social media platform X, formerly Twitter, Rahul Gandhi said that Congress has taken another big decision for the poor families of the country. He promised that his party will give 10 Kg free ration, instead of 5Kg. He also recalled that during the UPA government, the Congress has given legal status to the right to food through the Food Security Act. and that 10 Kg free ration will be the next step in the direction.

Accusing Prime Minister Narendra Modi of running a government of Adani, and making 20-25 billionaires, the senior Congress leader said that Congress will make crores of millionaires and run the government of Indians. Earlier, Congress President Mallikarjun Kharge also promised to provide 10Kg free ration if voted to power.

Meanwhile, Congress General Secretary Priyanka Gandhi on Thursday slammed BJP’s 5Kg ration policy at an election rally in Uttar Pradesh’s Raebareli, where Rahul Gandhi is contesting. She said that 5Kg ration will not make one self-reliant, but employment will. She explained the electorates need to understand that political parties whose ideologies make people dependent is not right. She concluded that voters will choose employment over 5Kg ration that BJP promises.

Along with 10Kg free ration, Congress has also promised to start recuitment process for 30 lakh government post by August 15. The Party also vowed to provide the youth their first job of Rs 1 lakh per year. It also guranteed better working conditions, pensions and social security for the work force of the gig economy.

Furthermore, the Congress also promised start-up funds for young entrepreneurs at district levels from the national funds of Rs 5000 crore. The party also pledged to give National minimum wage of Rs400 per day, including all MGNREGS workers, and stop contractualisation of employment in core government functions.

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