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Supreme Court pulls up Modi govt for objecting to its criticism

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After a series of cases it came in for scathing criticism at the Supreme Court, the Narendra Modi government on Wednesday, August 8, told the top judicial body to restrain itself from making adverse remarks against governance while dealing with individual cases.

The top court said it was at least solving problems, and was in no way “criticising the government”. It said that the judiciary would not need to intervene in PILs if the authorities discharged their duties in accordance with the law. It said it was enforcing the rights of citizens and warned the government against creating the impression that the courts were preventing it from working.

Attorney-general K.K. Venugopal said the country had a wide range of problems and that the “Hon’ble court must desist from making adverse remarks against the governance in entirety”. He made the submission before a bench of Justices Madan B. Lokur, Deepak Gupta and Abdul Nazeer while appearing in a PIL on poor prison conditions.

Venugopal also made references to newspaper headlines based on the observations made by the bench.

Venugopal referred to Justice Lokur’s observation on Tuesday, while dealing with another PIL, that “women are being raped left, right and centre” and the government was not doing anything to check the rising crime.

Venugopal said often, when the court passes an order on a PIL, there are adverse effects. Giving examples, Venugopal said that while the cancellation of the 2G licenses by the court virtually wiped out huge foreign investments, another order for removal of liquor vends on highways caused a financial loss and people lost their livelihood.

“There is a question of budgetary allocations…Government’s 80-90 welfare programs are going on simultaneously…Court dealing with one issue and passes order but from where the funds would come,” Venugopal pleaded.

“It is not that we have done nothing or we are doing nothing. Not everything is negative,” Venugopal said.

“Judges may not know all aspects of every problem when they choose to make adverse comments against the government,” he added.

Justice Lokur shot back saying it was because of the court’s order that the government has collected over Rs. 1,50,000 crore as environment funds for illegal mining. The court wanted to know why that amount has not been spent.

Venugopal said these funds were collected for environment purposes.

The bench retorted that in one of the matters related to construction workers, over Rs 30,000 crore meant for welfare of these workers were used to buy laptops and washing machines.

“There is enough money. They (construction workers) do not have clothes to wear but washing machines were purchased. They are illiterates, but laptops were purchased,” it said.

The AG told the bench that India has a population of around 1.3 billion which was increasing exponentially and there were several problems in the country.

“Day in, day out, I read newspapers and your observations,” the AG told the bench.

To this, Justice Lokur said, “Rest assured that Article 21 (protection of life and personal liberty) will remain here and we will uphold it”.

The court: “Let us make it clear that we have not and we are not criticising the government for everything.  We are also citizens of this country. Do not give the impression that we are criticising the government and preventing it from working. We are only enforcing rights of people. We cannot wish away Article 21.”

Many developments have happened only because of the orders of the court, the bench said, adding: “You should only ask your officers to follow the laws made by Parliament.”

The bench of Justice Lokur has been hearing pleas relating to social media monitoring, mob lynching, pollution, environment, garbage, overcrowding of prisons, conditions of women and children there, shelter homes for children, rehabilitation of widows, illegal mining and other matters. In many of these cases, it has passed strictures on the government.

In the present instance, the court was hearing a PIL relating to inhuman condition prevailing in 1,382 prisons across the country which are overcrowded.

Venugopal said that with 1.3 billion population which is increasing exponentially there were several problems faced by the country, and every order on PILs should have a separate note as to the effects of such orders on other sectors, effect on budgeting, rights of others who could be affected and every order has to be balanced and well thought of as India has “enormous problems”.

The bench said, “Tell your law officers to argue on this line also. Tell your government to obey the law of the land”.

The Attorney General said that he has conveyed his views to the court about dealing with the PILs and the court should consider his submissions without any offence.

The court wanted setting up of a one member committee of a retired judge of the apex court to recommend measures on prison reform, including overcrowding, and women prisoners languishing in jails. It said the Committee would be assisted by two-three government officials that would file periodical reports to the apex court.

Posting the matter for 17 August, the bench asked the Centre to file details of the proposed committee.

India News

Canada fact checks own media, rejects report claiming PM Modi knew of Nijjar murder plot

The clarification comes after a Canadian newspaper cited an unnamed national security official, claiming the alleged plot to murder Nijjar was orchestrated by Union Home Minister Amit Shah.

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Canada fact checks own media, rejects report claiming PM Modi knew of Nijjar murder plot

The Canadian government clarified that there is no evidence to connect Prime Minister Narendra Modi or his top officials to any criminal activity in Canada, including the killing of Khalistani terrorist Hardeep Singh Nijjar.

The clarification comes after a Canadian newspaper cited an unnamed national security official, claiming the alleged plot to murder Nijjar was orchestrated by Union Home Minister Amit Shah. The media report further alleged that PM Modi, External Affairs Minister S Jaishankar, and National Security Adviser Ajit Doval were informed about the plan.

Nonetheless, the same report acknowledged that the Canadian government had no direct evidence to support these claims against PM Modi. Issuing a statement, the Canadian government distanced itself from these allegations, mentioning that there was no substantiating evidence.

The statement underlined that on October 14th, because of a significant and ongoing threat to public safety, the RCMP and officials took the extraordinary step of making public accusations of serious criminal activity in Canada perpetrated by agents of the government of India.

It added that the government of Canada has not stated, nor is it aware of evidence, linking Prime Minister Modi, Minister Jaishankar, or NSA Doval to the serious criminal activity within Canada. It remarked that any suggestion to the contrary is both speculative and inaccurate.

Earlier, India furiously rejected the Canadian daily’s report as ludicrous, terming it detrimental to diplomatic ties that have been frosty since Canadian Prime Minister Justin Trudeau first accused India of involvement in Nijjar’s killing last year.

Ministry of External Affairs spokesperson Randhir Jaiswal said that they do not normally comment on media reports, but such ludicrous statements made to a newspaper purportedly by a Canadian government source should be dismissed with the contempt they deserve. He added that smear campaigns like this only further damage our already strained ties.

Diplomatic ties between India and Canada weakened when the Royal Canadian Mounted Police (RCMP) accused Indian government agents of involvement in criminal activities on Canadian soil, including murder, extortion, and intimidation. As the diplomatic rift intensified, both the countries expelled top envoys in response.

Hardeep Singh Nijjar was gunned down outside a gurdwara in Surrey, British Columbia, in June 2023. Earlier in 2024, Canadian authorities arrested and charged four Indian nationals for the murder.

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India News

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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