PFI's plea against ban not maintainable: Centre
The Centre informed a bench of the Delhi High Court which included Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela that the petition was not maintainable as the tribunal was headed by a sitting high court judge and therefore the order couldn't be challenged under Article 226 of Constitution of India.
'I have a preliminary objection on the maintainability of the writ petition. The remedy under Article 226 or 227 of the Constitution is not available. The only remedy available is under Article 136 of the Constitution,' said Additional Solicitor General S.V. Raju.
Mr. Raju added, 'The tribunal was manned by a sitting judge of this high court and a high court judge is not subordinate to this court. Article 227 applies to subordinate courts'.
The PFI counsel claimed the issue was with a division bench of the Delhi High Court in a previous case and the petition was therefore maintainable. The court posted the hearing for August 7.
The PFI challenged the March 21, 2024 order of the Unlawful Activities (Prevention) Act tribunal confirming the decision by the Centre on September 27, 2022. The court is yet to issue formal notice in the matter.
The Centre banned the PFI for five years for its alleged links with global terrorist organisations, such as ISIS, and trying to spread communal hatred in the country.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
&w=3840&q=100)
Business Standard
15 minutes ago
- Business Standard
Authorities can decide parole, furlough when appeal pending in SC: Delhi HC
The Delhi High Court on Tuesday ruled prison authorities can decide a plea of parole and furlough even when the matter was pending in the Supreme Court. A bench of Justices Pratibha M Singh and Amit Sharma observed the Delhi Prison Rules did not bar consideration of parole and furlough if a convict's appeal against the conviction was pending in the Supreme Court. The bench, however, noted whether the relief could be granted or not was a different issue altogether and depended on the facts of each case. Furlough and parole envisage a short-term temporary release of convict from jail. "It is an altogether different question as to whether in the facts of a specific case, the prison authorities ought to grant parole or furlough, if the Supreme Court is seized of the matter either in a Special Leave Petition or in an Appeal. The grant or non grant of the parole and furlough on merit would depend on the facts of each case," the bench said. While parole is granted to the prisoner to meet a specific exigency, furlough may be granted after a stipulated number of years have been served without any reason. There could be a situation in which the Supreme Court might have specifically refused to grant suspension of sentence or refused bail to a particular convict, the bench said. "In such cases," the high court said, "a deeper scrutiny would be required by the prison authorities as to whether parole or furlough could be granted to the convict." The bench clarified that the mere fact that the authorities could exercise power did not mean parole or furlough ought to be granted as a matter of right. "The authorities would have to bear in mind the non-grant of suspension or bail by the Supreme Court or other relevant circumstances and the same may have an impact on the consideration of parole/furlough." According to the bench, the Delhi Prison Rules couldn't be interpreted to hold that the right of prisoners to apply for parole or furlough was barred when their criminal appeal or special leave petition were pending before the Supreme Court. "Mere pendency of criminal appeal/Special Leave Petition before the Supreme Court cannot be taken as a bar for release on furlough, each case would be determined on its own eligibility criteria as per rules by the competent authority and the same would be subject to judicial review under Article 226 of the Constitution of India by the High Court," it said. The power to suspend sentence and grant bail was observed to be distinct from the power to grant parole or furlough. "Thus, while appeals are pending before a higher forum, grant of parole and furlough can be considered as per the applicable prison rules by the jail authorities," it added. The court was hearing a batch of petitoins on the legal issue.
Indian Express
15 minutes ago
- Indian Express
Optics or U-turn? Omar Abdullah sends Centre a message with fence-scaling, but not all are impressed
When Jammu and Kashmir Chief Minister Omar Abdullah defied police restrictions to scale a cemetery wall in Srinagar's Old City on Monday to pay tributes to martyrs of July 13, 1931, he wasn't just putting the distance between him and police officers trying to hold him back. It also appeared to be a step back from his so far cooperative stance with the Lieutenant Governor's office. Emerging from the cemetery, Abdullah said: 'They (the LG administration) think this is their estate, and we are their subjects. But let me be clear, we are not anyone's slaves. If we serve anyone, it is the people.' Since coming to power as CM in October last year, Omar has not only avoided confrontation with the Centre, but also made an effort to cooperate with it and its representative in the Union Territory. He did so in the face of what were seen as 'provocations' by the Raj Bhavan, as well as criticism by Valley-based Opposition parties who accused his National Conference (NC) government of 'compromise' with Delhi – a charge that had started gaining traction among the people. Abdullah's stance was initially even welcomed by some as a mature attitude, for making the best of a bad situation given that as CM in a UT, his powers were restricted. He is also naturally perceived as non-confrontational. The other reason for the course he took was believed to be his hope that cooperating with the Centre would persuade the latter to restore statehood to J&K. Compared to the demand to restore Article 370, statehood is the easiest concession for the Centre to make as it has itself promised several times to do so. Abdullah, in fact, did not raise the demand for Article 370 even though the NC had this in its poll manifesto. He admitted that it was impractical to ask the same government that had taken away the special status to give it back. Besides, even restoration of statehood would restore to the CM post crucial powers, helping him solve problems of the people. The CM's outburst against LG Manoj Sinha Monday was a sign that he had decided to heed to the section of his party which fears that 'unconditional cooperation' with the Centre and Raj Bhawan had started denting the NC's image among the people. Martyrs' Day provided the perfect opportunity for Abdullah to give an answer to his critics, being a protest against the security apparatus – that comes under Sinha – and being an emotional issue that cuts across mainstream and separatist parties in the Valley. 'It is obvious. There is a change of strategy. The support by various Opposition leaders (from across the country) has vindicated Omar sahib's stand that what was done to him on Monday (by not letting him visit the martyrs' cemetery on Martyrs' Day) was wrong,' an NC leader said. West Bengal CM Mamata Banerjee, Tamil Nadu CM M K Stalin, and other Opposition leaders like the RJD's Tejashwi Yadav and the Samajwadi Party's Akhilesh Yadav extended support to Abdullah after images of him scaling the fence to visit the graveyard surfaced. In contrast, the Opposition in the Valley is not as taken in. Abdullah's rivals termed Monday's events as 'theatrics and shadow boxing', and said there was no way the CM could have reached the site if the police were serious about stopping him. 'So you were grappled, poor CM sahib. I feel bad not for the grappling but the poor choreography, even the poorer storyline… They (police) are professional grapplers. If they mean business, they don't let go, once they grapple…,' People's Conference leader Sajad Lone posted on X, referring to Abdullah's own post about being 'grappled' by police. A Peoples Democratic Party (PDP) leader said the action of Abdullah 'was too little, too late'. 'He cannot have a Plan B at this stage when the NC has already given up on the mandate, which was to fight for the people. The NC has ceased to exist as a party. It is the Department of National Conference right now,' the leader said. Article 370 restoration was not the only fight the NC had given up, the PDP leader said. 'They are not talking about prisoners, the termination (of services of government employees over alleged militant links) and demolition of houses. Omar only made a generic statement that they are not anybody's slaves. It is shadow boxing,' the leader said. Another PDP leader asked why Abdullah was not even in the Valley most of Sunday. 'Martyrs' Day is a historic day. If they were serious, they should have helped pass the (PDP) resolution (on declaring Martyr's Day as a holiday) in the Assembly, which had a legal as well as symbolic message. The rest is optics,' the leader added.
The Hindu
17 minutes ago
- The Hindu
Government issues order for the premature release of Sherin Karanavar
The government on Tuesday issued orders for the premature release of Sherin Karanavar, the convict in the high-profile 2009 murder of her father-in-law Bhaskara Karanavar in Chengannur. The Cabinet decision for sentence remission had earlier drawn flak with various quarters accusing the government of having succumbed to external pressures. Sherin, who has been lodged at the Women Prison and Correctional Home in Kannur, was recommended for premature release by the Jail Advisory Committee. Having served over 14 years of her life sentence, she was deemed eligible for premature release. Subsequently, the Director General of Prisons and Correctional Services referred the matter to the government, paving the way for her release. The decision was made under Article 161 of the Constitution, which grants the Governor the power to remit sentences. An official order, issued by Additional Chief Secretary (Home) Bishwanath Sinha, has been forwarded to the State Police Chief, Director General of Prisons and Correctional Services, and the Superintendent of the Women's Prison in Kannur. Her release is part of a broader recommendation involving 11 inmates proposed for sentence remission. Sherin's prison record has not been without controversy. Her tenure in jail included multiple paroles and disciplinary issues. In February, she was accused of assaulting a fellow inmate, and she had previously been transferred from Poojappura and Viyyur prisons.
