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Technical glitch grounds West Bengal’s plea against Aadhaar-Mobile linking in SC

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[vc_row][vc_column][vc_column_text]The Supreme Court raps Mamata Banerjee’s government for challenging Parliament’s mandate, says the chief minister can file a petition as an individual citizen

The Supreme Court, on Monday, pulled up Mamata Banerjee’s West Bengal government for directly approaching the apex court against the Centre’s move to make Aadhaar mandatory for availing the benefits of various social welfare schemes.

The West Bengal government had filed a writ petition before the Supreme Court under Article 32 of the Constitution. The specific Article can only be used by individual citizens to approach the Supreme Court against state actions which violate their fundamental rights. Article 32 cannot be agitated by a State against the Centre, a technicality that the state government’s counsel, senior advocate Kapil Sibal, seems to have overlooked while moving the apex court which in turn led the top court to rap Banerjee’s government.

The West Bengal government’s plea had come up before the Supreme Court days after a defiant Banerjee had declared that she would not link her mobile phone with her Aadhaar number – something that Prime Minister Narendra Modi has made mandatory for all citizens – and dared telecom companies to disconnect her cell phone connection if they so wished.

After the top court pointed out the technical issues that prevented the West Bengal government from moving the writ petition in its current form, the petition was withdrawn. Justice AK Sikri did, however, note that chief minister Mamata Banerjee can file a petition on the issue as an individual citizen.

At the same time, the Supreme Court bench of Justices AK Sikri
and Ashok Bhushan, accepted a plea by advocate Raghav Tankha (filed against the Union of India) seeking a direction to the Department of Telecom and to various telecom operators to stop misleading the public as to the requirement of Aadhaar being the only means of authentication for proof of address by an erroneous and mala fide interpretation of the Supreme Court order in the Loknithi Foundation Case.

The bench issued notice to the government on Tankha’s plea.

When Sibal – a veteran of many legal battles – appeared as an intervenor for West Bengal chief minister Mamata Banerjee and the government, Justice Sikri, raised an objection, saying: “This is a matter of the State of West Bengal. The State cannot challenge the law on its own. The Secretary for the State should come as the party and more specifically, Ms Mamta Banerjee should file the petition.”

Justice Sikri asked Sibal: “In a federal structure, how can a State file a plea challenging Parliament’s mandate? We know it is a matter which needs consideration, but you satisfy us how a state can challenge it (sic)?”

Expressing its displeasure over the West Bengal government’s plea, Justice Sikri asked Sabil: “How can a State challenge a law passed by the Centre? Tomorrow the Centre will come against laws by the States” and then told the senior counsel: “let an individual come to us… Mr. Sibal, you know this… you are more mature than us.”

Sibal argued, saying: “This petition from my side is on the behalf of the labour department of West Bengal. It raises a public interest issue in regards to distribution of subsidies to targeted children.”

Sibal also requested the court for time to file an amended petition. A bill for Aadhaar seeding with PDS distribution is to be tagged along with this amended application.

The bench said that the issue of linkage of Aadhaar with mobile number will be considered at the end of the board.

The petition filed by advocate Tankha also seeks a direction to the Telecom Service Providers to stop advertisements as well as SMS, thereby misleading the citizens by misinterpreting the Supreme Court order.

The petition has been filed through advocate Pragya Baghel against the telecom operators Vodafone, Bharti Airtel, Idea, Reliance, Department of Telecommunication and Unique Identification Authority of India (UIDAI).[/vc_column_text][/vc_column][/vc_row]

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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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