SC COMMENTS ON NUPUR CROSS THE ‘LAXMAN REKHA’: RETIRED JUDGES TO CJI - The Daily Guardian
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SC COMMENTS ON NUPUR CROSS THE ‘LAXMAN REKHA’: RETIRED JUDGES TO CJI

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A group of retired judges, bureaucrats and armed forces on Tuesday sent an open letter to Chief Justice of India (CJI) NV Ramana condemning the observation made by the bench of Justices of Supreme Court for “surpassing the Laxman Rekha” while hearing former BJP spokesperson Nupur Sharma’s case in the Supreme Court, terming the remarks as “unfortunate and unprecedented”.

The letter sent to CJI Ramana was signed by 15 retired judges, 77 retired bureaucrats and 25 retired armed forces officers against Justices Surya Kant and JB Pardiwala, who heard the Nupur Sharma’s case. The letter stated: “We, as Concerned Citizens, do believe that the democracy of any country will remain intact till all the institutions perform their duties as per the constitution. Recent comments by the two judges of the Supreme Court have surpassed the Laxman Rekha and compelled us to issue an open statement.”

The Supreme Court on Friday came down heavily on suspended BJP spokesperson Nupur Sharma stating that her outburst is responsible for an unfortunate incident in Udaipur, where a tailor was murdered.

The apex court further blamed the suspended BJP leader and said that she and “her loose tongue” has set the entire country on fire and she is single-handedly responsible for what is happening in the country and said she

should “apologise to the whole country”.

Responding to the Supreme Court order, the group said, “Unfortunate and unprecedented comments emanating from the two Judge Bench of the Supreme Court-Justice Surya Kant and Justice J. B. Pardiwala, while being seized of a petition by Nupur Sharma, have sent shockwaves in the country and outside. The observations, simultaneously relayed by all news channels in high decibel, are not in sync with judicial ethos. By no stretch these observations, which are not part of the judicial Order, can be sanctified on the plank of judicial propriety and fairness. Such outrageous transgressions are without parallel in the annals of Judiciary.”

They said that the observations that “have no connect jurisprudentially with the issue raised in the petition, transgressed in an unprecedented manner all canons of dispensation of justice.”

“Perceptionally the observations- Nupur Sharma is adjudged with severity guilty in a proceeding where this was not an issue at all – Reflection-she is “single-handedly responsible for what is happening in the country” has no rationale. By such observation perceptionally there is a virtual exoneration of the dastardliest beheading at Udaipur in broad daylight. The observations also graduate to most unjustifiable degree that this was only to fan an agenda,” the letter reads.

They further said that the legal fraternity is bound to be surprised and shocked at the observation that an FIR should lead to arrest adding that the observations on other agencies in the country, without notice to them, are indeed worrisome and alarming.

“In the annals of the judiciary, the unfortunate comments have no parallel and are an indelible scar on the justice system of the largest democracy. Urgent rectification steps are called for as these have potentially serious consequences on democratic values and the security of the Country. Emotions have flared up extensively on account of these observations that in a sense dilute the barbaric dastardly beheading in broad daylight in Udaipur – a case under investigation. The observations, judgmental in nature, on issues not before the Court, are crucification of the essence and spirit of the Indian Constitution. Forcing a petitioner by such damning observations, pronouncing her guilty without trial, and denial of access to justice on issue raised in the petition, can never be a facet of a democratic society,” the group wrote.

They said a rational mind is bewildered not only at the jurisprudential transgressions but also the sweep of the same as Judges hit out no holds ‘barred’ at agencies and making innuendo reflections about her “clout”.

The observations are too serious to be overlooked if rule of law, democracy has to sustain and blossom and deserve to be recalled with stance that soothes minds that care for justice, the group added.

Notwithstanding the unwanted, unwarranted and uncalled for verbal observations of the Judges of the Apex Court, there is another crucial aspect of the matter.

The group said that the petitioner had approached the Supreme Court for the transfer of various FIRs registered against her in different States in respect to the alleged remarks made by her during a TV debate.

“The allegations constitute only one offence for which separate prosecutions (FIRs) were launched. Article 20 (2) of the Constitution of India prohibits prosecution and punishment more than once for the same offence. Article 20 falls under Part III of the Constitution and is a guaranteed fundamental right. The Hon’ble Supreme Court in a number of cases including Arnab Goswamy vs. Union of India (2020) and TT Anthony vs. State of Kerala clearly laid down the law that there can be no second FIR and consequently there can be no fresh investigation in respect to the second FIR on the same issue. Such an action is violative of fundamental rights as guaranteed under Article 20(2) of the Constitution of India,” the letter reads. They said that the Supreme Court instead of safeguarding the fundamental right of the petitioner refused to take cognizance of the petition and forced the petitioner to withdraw the petition and approach the appropriate forum (High Court) knowing fully well that High Court does not have jurisdiction to transfer or club the FIRs or cases registered in other States.

“One fails to understand, why Nupur’s case is treated at a different pedestal. Such an approach of the Hon’ble Supreme Court deserves no applause and impacts the very sanctity and honour of the Highest Court of land,” they added.

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Noida Assault Case: UP Court rejects Shrikant Tyagi’s bail plea

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Shrikant Tyagi

Uttar Pradesh court rejected the bail plea of Shrikant Tyagi on Thursday for assaulting and abusing a woman.

Uttar Pradesh police arrested Tyagi on Tuesday near Noida. In a viral video, Tyagi was seen assaulting and abusing a woman at Grand Omaxe in Noida’s Sector 93.

Earlier on Monday, the police recovered his luxury vehicles and bulldozed his residence in the society. The Noida administration began the demolition of illegal construction at the Grand Omaxe, Noida. After this, the people of society were seen distributing sweets amongst themselves.

The FIR was lodged against Tyagi after a group of his supporters entered the society and started shouting slogans. The Gangster Act against Tyagi had also been invoked by the police.

“A separate FIR under IPC sections 419 (punishment for cheating by personation), 420 (cheating and dishonestly inducing delivery of property), and 482 (punishment for using a false property mark) has been registered against the accused in light of the Fortuner car recovered from the society premises on Saturday,” Additional DCP Ranvijay Singh said.

Earlier speaking to media persons Tyagi said, “I express my regret on the incident. She is like my sister, the incident is political and was done to decimate me.”

Meanwhile, the Noida Police said that Tyagi was using an MLA sticker on his car and was given by UP MLC Swami Prasad Maurya.

However, Srikant Tyagi claims to be a member of Bharatiya Janata Party Kishan Morcha. He has been accused of allegedly abusing and pushing a woman during an argument of Grand Omaxe society. The video of the said incident occurred on 5 August.

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2 die, 6 others injured in communal clash in Karnataka’s Koppal

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Communal clash

A clash broke out between two communities in which two people died and six others were injured. The incident took place at the Hulihyder village of Koppal district in Karnataka.

On the occasion of Muharram, a Hindu boy went to meet a Muslim girl, following which an argument broke out between the two sections.

The two people who lost their lives were identified as Pasha Walli (22) and Yenakappa Talavad (60). In the alleged communal clash two people succumbed to their injuries and died in the hospital.

Meanwhile, after this people from both communities joined them and started beating each other. So far, eight people were injured in the clash.

Moreover, in the area, the local administration has imposed Section 144.

However, further investigation into the matter is underway.

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Income Tax raids in Maharashtra; Rs 390 crores assets seized

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Income Tax raids

The Income Tax Department raided the premises of a textile trader, steel, and real estate developer in Maharashtra. While raiding the Income Tax Department seized properties worth crores of rupees.

The raids lasted from 1 August to 8 August at the businessmen located in Jalna district. The total value of the seized assets is around 390 crores. It includes 56 crores of cash and 32 kg of gold, diamonds, and pearls. The department has also seized relevant documents.

According to officials, the businessman was accused of tax evasion, and based on information received in this regard, the Income Tax Department team raided last week.

Moreover, a senior official of the department said 56 crore cash and seized jewelry are worth Rs 14 crore. Apart from documents, digital data has also been found in the action.

However, the Income Tax Department has also raided the houses, offices, and factories of steel makers in Jalna. In recent days, the investigating agencies have taken many big actions in some states including Uttar Pradesh, and West Bengal and have seized cash worth crores of rupees.

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WB SSC Scam: Former SSC Advisor Shanti Prasad and Chairman Ashok Saha sent to CBI custody

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Former SSC Advisor S P Sinha

Former West Bengal School Service Commission (SSC) advisor Shanti Prasad and former SSC chairman Ashok Saha were sent to CBI custody.

Earlier on Wednesday Saha and Sinha were arrested in connection with the teacher recruitment scam.

Shanti Prasad and Ashok Saha were produced before the Alipore Court on Thursday. In which the CBI was granted custody till 17 August of these two persons.

However, the arrests come after former West Bengal minister Partha Chatterjee and Arpita Mukherjee’s arrests.

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PM Modi celebrates Raksha Bandhan with daughters of PMO staff

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PM Modi

Prime Minister Narendra Modi on Thursday celebrated Raksha Bandhan with the daughters of PMO staff at his residence in Delhi.

This was a special Raksha Bandhan as these young girls were daughters of sweepers, peons, gardeners, drivers, etc. They work at Prime Minister Narendra Modi’s office

Taking to Twitter PM Modi shared some pictures and said, “A very special Raksha Bandhan with these youngsters…”

PMO also shared a video on the occasion in which PM Modi was seen celebrating the festival. PM Modi was also seen interacting with the young girls and they came forward one-by-one to tie Rakhi.

Earlier in the day, PM Modi extended greetings on the occasion of Raksha Bandhan.

Taking to Twitter PM Modi said, “Greetings to everyone on the special occasion of Raksha Bandhan.”

Earlier, PM Modi’s Pakistani sister, Qamar Mohsin Shaikh, sent the sacred thread, Rakhi, to PM Modi. Sheikh also wished her luck for the 2024 general elections.

Moreover, Union Home Minister Amit Shah also extended greetings to the people of the country.

“Warm wishes to all the countrymen on the auspicious occasion of Rakshabandhan,” Shah tweeted.

Earlier on Wednesday, Uttarakhand Chief Minister Pushkar Singh Dhami tied rakhi from a large number of women.

Women tied rakhi to CM Dhami at his residence and Chief Sevak Sadan auditorium and wished him a long life.

However, Raksha Bandhan is celebrated on the full moon day of the Savan month. It marks the bond of love between the siblings and this year it will be celebrated on August 11.

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The unbreakable bond between siblings; find out some sibling duos

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Brother sister bond

Rakshabandhan is considered a symbol of love and affection between brother and sister. If you have grown up with a sibling you must have experienced fights over silly things which build an inseparable bond. On the occasion of Raksha Bandhan, here is a list of the five brother-sister bonds.

Let’s learn about some of the sibling duos:

Priyanka Gandhi and Rahul Gandhi

Rahul Gandhi and Priyanka Gandhi

Congress leader Rahul Gandhi and Priyanka Gandhi are children of former Prime Minister Rajiv Gandhi and Sonia Gandia. The brother-sister duo shares a very special bond and has always been publically expressive of the love and the bond they share. Priyanka is two years elder than Rahul. The two are each other’s friends and protectors. Talking about her sister, Rahul said, “There is a special place in my life for my sister. We are not only friends but also protectors of each other.” The brother-sister duo had been each other’s pillars for all these years. However, Priyanka is married to Robert Vadra and they both have two children. They both are from the most influential political family in India.

Salman Khan and Arpita Khan Sharma

Salman Khan and Arpita Khan Sharma

Bollywood superstar Salman Khan shares a close bond with her sister Arpita Khan Sharma. Arpita Khan is a much beloved younger sister of Salman, Arbaaz, Sohail, and Alvira. Salman adores Arpita and considers her to be his lucky charm. Every single member of the Khan family adored Arpita. However, Arpita is married to Ayush Sharma and the couple is parents to son Ahil Sharma and daughter Ayat Sharma. Even though they are not biological siblings, Salman loves and adores Arpita more than his biological sister Alvira.

Isha Ambani and Akash Ambani

Akash Ambani and Isha Ambani

Akash Ambani and Isha Ambani are the twin heirs of one of the richest men in the world Mukesh Ambani and Nita Ambani. Isha once told Vogue India about her childhood and brother Akash. She said, “she was “naughty” and had to “fight for survival” many times.” The twins share a very precious bond as Akash changed his wedding date for her sister Isha. Both Isha and Akash are involved in the family business for years now. Moreover, Akash is married to Shloka Mehta and Isha is married to Anand Piramal.

Hardik Pandya and Krunal Pandya (Pandya Brothers)

Hardik Pandya and Krunal Pandya

Pandya Brothers are probably the most famous pair of siblings in Indian sports currently. They are Indian International cricketers. Hardik Pandya and Krunal Pandya hail the city of Vadodara in Gujarat. “It’s difficult to explain my equation with him in words. Hardik and I literally think the same things all the time,” Krunal said. Talking about Krunal, Hardik said, “We have this incredible bond and cricket has been our life. He is someone I have spent most of my life with, more than friends and either of our parents.” Pandya’s brother’s story is nothing short of a fairy tale.

Geeta Phogat and Babita Phogat (Phogat Sisters)

Babita Phogat and Geeta Phogat

The journey of the Phogat sisters is incredible they need no introduction. They are born to a wrestling-crazy father Mahavir Phogat. Breaking the stereotypes of dominating male wrestling Geeta and Babita Phogat have won everybody’s hearts with their wrestling skills. Geeta is India’s first-ever wrestling gold medal at the Commonwealth Games in 2010. Meanwhile, Babita won bronze at World Championship.

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