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Individual’s privacy is supreme, says CJI

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Mumbai :An individual’s privacy is supreme and should not be disturbed, Chief Justice of India Dipak Misra said .
He said he always believe that privacy is a constitutional concept and one area where there has been a surge in constitutional rights was human rights and their implementation.
“My house is my castle, how can you disturb me at my home? Even as a lawyer, you have to have some kind of appointment with me. My time is my time, my life is my life. My privacy is supreme to me,” he said while delivering M C Setalvad memorial lecture on the topic of ‘Dynamic Ascendance of Constitutional Rights-A Progressive Approach’.
Justice Misra also spoke on gender equality and mentioned a case from Madhya Pradesh on a proposal for 50 per cent reservation for women in panchayat elections.
He said that the argument that women cannot administer and will depend on their husbands was ‘preposterous’.
“Women are more superior to men in most occasions,” Misra added.
He said that constitutional rights are dynamic and for sake of democracy should not stop growing as it will contribute to strengthening the democratic set up.
Justice Misra said rights are ‘not ephemeral or transient’, but ‘eternal, sublime and constitute the soul and spirit of humanity’.
“Therefore, constitutional and human rights have to be honoured and enforced with a tenacious, indomitable and indefatigable spirit,” he said at the lecture organised by the Bar Association of India.
“It is this quintessential spirit that keeps the torch of justice burning bright. It is our strong allegiance and fidelity to this ethos that will lead us on the path of constitutional renaissance and constant awakening thereby ensuing protection of constitutional rights for all,” the CJI said.
“The Universal Declaration of Human rights and the International Covenant on Civil and Political rights have served as an important stimulus for all the three wings of the state, the judiciary in particular, for implementation of human rights by raising their status to that of fundamental rights,” he said in his speech.
He said that constitutional rights have to be construed and developed in a manner that their real intent and existence percolates to the lowest rungs of the society and in this exercise an important role is played by the state which has to ensure effective implementation of the rights.
“The state action has to be concrete and not such that its effects leak into so many rivulets that they dissipate. Mere rhetoric and passivity by the state without reflection of serious commitment will only result in reducing the solemn duty of the State to that of a feigned act of affectation,” Justice Misra said.
According to the CJI, constitutional rights define and shape the life of citizens and societies in general.
“Their positive exposition and assertive and energetic appreciation constitute the lifeblood of progressive societies.
“These rights would become a dead letter without their dynamic, vibrant and pragmatic interpretation,” he said.


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National

SC asks Ayodhya mediation panel to submit report by July 31

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Mumbai: The Supreme Court asked the mediation panel Ayodhya land dispute to submit its final report by July 31. The next date for hearing in the case has been scheduled for August 2. The case is being heard in the top court by a five-judge bench comprising Chief Justice of India Ranjan Gogoi, Justices SA Bobde, DY Chandrachud, Ashok Bhushan and Abdul Nazeer.

After going through the report of the mediation panel, the apex court will decide if daily hearing should be conducted in the case. The court also said that the findings of the panel would not be taken on record, citing its confidentiality clause.

The Supreme Court had earlier granted the three-member mediation panel time till August 15 to find a solution in the Ayodhya land dispute case. The committee, which submitted its interim report in a sealed cover to the top court in May, had sought additional time.

 

Notably, senior advocate PS Narsimha, who is arguing in the case for litigant Gopal Singh Visharad, had told the Supreme Court during last hearing that not much progress was happening with regard to the functioning of the three-member mediation panel.

His claims were countered by advocate Rajiv Dhawan, who is representing the Muslim litigants, saying that it was not the time to raise questions on the functioning of the mediation panel. He had backed the argument of Nirmohi Akhada’s counsel Gopal Singh, who had told the court the panel was moving in the right direction.

The panel was constituted on March 8 and former judge FM Kalifulla, Art of Living founder Sri Sri Ravishankar and eminent lawyer Sriram Panchu were named as its members. They were told to keep their findings confidential and were allowed to include more members if needed.

On September 30, 2010, the Allahabad High Court had ruled that the disputed land would be divided into three parts. According to the ruling of the High Court, the site with idol of Ramlalla was allotted to Ramlalla Virajman, Sita Rasoi and Ram Chabutara was given to Nirmohi Akhada and the remaining land was allotted to Sunni Waqf Board.

The decision was appealed against in the Supreme Court. On May 9, 2011, the Supreme Court had stayed the Allahabad High Court order, agreeing to hear the pleas.

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IB warns of jailbreak plot being hatched at Bihar’s Beur prison

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Mumbai: An alert by the Intelligence Bureau has sent the Beur jail administration near Patna in a tizzy. The IB has warned that some prisoners in the jail might be planning a major jailbreak. Following the input, the Bihar Police on Wednesday night stepped up security around the jail and launched search operations inside the premises.

What adds to the worries of the police administration in the state is the fact that several dreaded criminals and terrorists are lodged inside Beur jail. Terrorists who carried out serial blasts at Patna’s Gandhi Maidan in 2013 are also inside the prison.

The Beur jail also houses some dreaded terrorists who hail from Bangladesh. Also, several Naxal operatives and those convicted of serious criminal offence are lodged inside it.

 

Notably, a Naxalite named Ajay Kanu, who is the prime accused in infamous Jehanabad jail break case of 2005, is also serving a sentence inside the Beur jail. The Jehanabad jail break was planned from inside the prison and carried out successfully on November 13, 2005.

Apart from Kanu, several terrorists such as Umar Siddiqui, Azharuddin, Imtiaz Ansari, Ahmed Hussain, Fakhruddin Ahmed, Feroz Alam, Noman Ansari, Iftekhar Alam, Haidar Ali and Mujibullah.

The threat of Beur jailbreak reminds of the Jehanabad jailbreak incident wherein Naxals had planned and carried out an attack to make Kanu escape from the prison. He was wanted by police departments of several states, including Bihar, Jharkhand, Andhra Pradesh and Odisha.

Having a bounty of Rs 5 lakh on his head, Kanu was arrested more than a decade back while he was on his way from Dhanbad to Kolkata.

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At least 27 killed, over 55 lakh affected as flood waters inundate 29 districts of Assam

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GUWAHATI: At least 27 people have died and over 55 lakh affected as flood situation remained grim in 29 districts of Assam . Assam State Disaster Management Authority (ASDMA) said in a bulletin that one rhinoceros has died in Kaziranga National Park due to floodwater. The bulletin added that Brahmaputra and its tributaries are still flowing above the danger mark in Guwahati and several other places in the state.

According to ASDMA, four people have lost their lives in Morigaon, two each in Sonitpur and Udalguri districts and one each in Kamrup (Metro) and Nagaon districts. ASDMA said that over 1.50 lakh people have been displaced from their homes due to flood. They displaced people have taken shelter in 427 relief camps and 392 relief distribution centres set up by state government in different districts of the state.

Vast areas of Kaziranga, Manas National Parks and Pobitora Wildlife Sanctuary were inundated due to flood waters, forcing rhinos and several other animals to run towards the highlands to save their lives.

 

The Brahmaputra river is flowing above the danger level in Jorhat, Tezpur, Guwahati, Goalpara and Dhubri along with rivers Burhidehing at Khowang in Dibrugarh district, Subansiri river at Badatighat in Lakhimpur, Dhansiri river at at Numaligarh in Golaghat district, Jia Bharali river at Sonitpur, Kopili river at Kampur and Dharamtul in Nagaon district. The ASDMA bulletin said that several roads have broken due to flood waters.

Several teams of National Disaster Response Force (NDRF) and State Disaster Response Force (SDRF) are working in affected districts to provide relief to the affected people. It is learnt that the NDRF and SDRF teams have evacuated around 15,000 people from flood-hot areas so far.

The Northeast Frontier Railway has slowed down trains in Abhayapuri-Jogighopa section as villagers from nearby areas have taken shelter in railway embankment to escape the fury of flood.

The chief public relations officer of Northeast Frontier Railway, Pranav Jyoti Sharma, said on Wednesday that many villagers have been taking shelter on the railway embankment in the Goalpara – Jogighopa section after their homes were destroyed by flood waters.

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