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Hindustan Times
28-05-2025
- Hindustan Times
SC/ST court convicts 35 in 1990 Agra violence
A special SC/ST court in Agra has convicted 35 accused in a 1990 case involving a violent attack by members of the Jat community on a Dalit locality in Akola village under the Fatehpur Sikri area of the district. The incident left at least 100 people injured. Out of the 74 people originally charge-sheeted in 1994, 22 died during the course of litigation, while 15 were acquitted due to lack of evidence. Two of the accused who were minors at the time of the incident were tried in a juvenile court. Out of the 35 accused held guilty, three did not appear before the court on Wednesday. Non-bailable warrants (NBWs) were issued against them and they were sent to jail. The chargesheet was filed against 74 accused in 1994 in a case registered at Kagarol police station of Agra in connection with the incident that took place on June 24, 1990, three days after the infamous Panwari case, another caste-based conflict in Agra district. According to Hemant Dixit, additional district government counsel (ADGC), crime, special court (SC/ST Act), Agra, the case was registered at the Kagarol police station after the dominant Jat community members attacked Dalits residing in Akola village in Fatehpur Sikri area on June 24, 1990. The counsel for victims, Shamsher Singh, who was then a child, allegedly saw his father facing head injuries in the attack. He was one of around 100 people injured. Earlier on June 21, 1990, there was a dispute in Agra's Panwari village over the 'baraat' (wedding procession) of a Dalit family. Administration and police intervened and provided protection to the baraatis amidst opposition. In a clash that followed, a man was killed and the violence spread to other villages, with Akola being one of them. Curfew was imposed in the aftermath of the violence. 'The court has held the accused guilty under sections 147 (rioting), 148 (rioting with deadly weapons), 452 (house trespass), 504 (insult to provoke breach of peace), 506 (criminal intimidation) and 427 (damage to property) of the IPC, and under the SC/ST Act,' Dixit said, adding the court would hear arguments on the quantum of punishment on May 30.
Hindustan Times
16-05-2025
- Politics
- Hindustan Times
Presidential reference has echoes of a review petition
Many issues arise from the presidential reference listing 14 questions that was made to the Supreme Court this week, in the aftermath of the apex court's judgment in the case involving the pendency of gubernatorial assent for a clutch of Bills passed by the Tamil Nadu assembly. As is often said, the Supreme Court is also a political power centre. The drastic effects of the judgment by the Pardiwala-Mahadevan Bench that evolved the idea of deemed assent for 10 Tamil Nadu Bills that were pending with the governor are quite visible. Within hours of the judgment, Tamil Nadu notified all the laws that had been detained by the constitutional procedure of gubernatorial assent for quite a long time. Deadlines were set by the court for gubernatorial and presidential (upon referral of a Bill to the President by the governor) assent. It was the outcome of an apparent activist posture by the Supreme Court. An elementary issue that arises from the presidential reference in this instance is whether matters that are already adjudicated by the Supreme Court can be posed again before the Court by way of presidential reference. A perusal of the questions in the reference will show that a substantial number of them are answered in the Tamil Nadu Governor judgment or in the earlier decisions of the Supreme Court. For instance, the question of whether the governor is bound by the aid and advice tendered by the Council of Ministers has been answered by a Constitution Bench -- in the affirmative -- in Shamsher Singh (1974). The exceptions to this general rule as provided in the Constitution were highlighted in the Tamil Nadu verdict and also in some previous pronouncements like Nabam Rebia (2016). In Madhya Pradesh Special Police Establishment (2004), the Court held that the governor has discretion in deciding on the question of sanctioning the prosecution of ministers in a Cabinet as it involves a constitutionally permitted exception. The justiciability of the discretion exercised by the governor also has been discussed in the recent Tamil Nadu Governor judgment, based on earlier judgments such as Rameshwar Prasad (2006). The fixing of a time-limit for gubernatorial and presidential decisions has been done in the Tamil Nadu judgment by exercising the Court's adjudicatory jurisdiction, based on certain recommendations by government-appointed bodies such as the Sarkaria Commission (1988). For this, the practice in other jurisdictions such as the US was relied on. The Court also referred to the earlier verdicts in Perarivalan (2023) and Keisham Meghachandra Singh (2020). Another issue is whether there can be a substitution of the power of the President or governor by a judicial order. The fact is the Tamil Nadu Governor judgment did not say so but only evolved the idea of deemed assent, given the facts of that particular case. That it was done by invoking Article 142 of the Constitution implies that it is not a precedent laying down the law for the future; rather it is a direction issued to do complete justice to the parties in a given situation. Many other questions, such as whether there could be a law without presidential assent, arise from the same erroneous assumption about the content of the Tamil Nadu judgment. The reference essentially seeks a review of the judgment: It is a review petition in the guise of reference. The principle that the Supreme Court cannot be asked to re-decide matters already decided at the adjudicative level was laid down by the apex court in the matter of Cauvery Water Disputes Tribunal (1991). In that case, lawyer Fali S. Nariman argued that the President can refer any question under Article 143, and, therefore, ask the Supreme Court to reconsider any of its decisions. This contention was rejected by the Court. The Court deconstructed Article 143 to say that once a question is adjudicated by the Court, it is no longer 'a question of law or fact which has arisen, or is likely to arise', as stated in the text of the Article. The Court held: 'When this Court in its adjudicatory jurisdiction pronounces its authoritative opinion on a question of law, it cannot be said that there is any doubt about the question of law' warranting a reference. The advisory jurisdiction under Article 143 if of British origin. Commonwealth countries like Canada and India followed the practice of constitutional court advising the executive on substantial legal issues. The US, on the other hand, rejected this practice, fearing it could meddle with the idea of separation of powers and independence of judiciary. In the Indian context also, what follows a reference is only an opinion by the Court, either answering or refusing to answer a reference. It is not a judgment or decree that binds the government or even the other courts in the country. Given the nature of the jurisdiction, the general principles of law laid down in Tamil Nadu Governor case are unshakable. About a dozen prominent presidential references since the formation of the Indian republic will show that a reference is not supposed to upset or torpedo the law already laid down by the Court. There are questions in the reference that are not pointedly answered in the Tamil Nadu Governor case. The question on the need to place a case before a Constitution Bench with five or more judges under Article 145(3), if it involved 'substantial questions of law regarding interpretation of the Constitution' is curious. This has been answered in the affirmative, right in the text of Article 145(3) and therefore, no reference is even called for. Regarding the Tamil Nadu Governor case, neither the parties nor the Court had ever suggested that apart from procedural law, there are issues demanding an interpretation of the Constitution. Even otherwise, whether a given case falls under the ambit of Article 145(3) can only be decided on a case-to-case basis and no general principle can be laid down. When Kerala sought to withdraw its petition seeking an early decision by the Governor on its Bills on the ground that the Tamil Nadu Governor judgment covers the issues, the Centre, quite strangely, opposed it and the case was adjourned. The present reference order that was issued subsequently might be used by the Centre against Kerala's plea. Ideally and legally, a party is entitled to get the benefit of the law as interpreted by the Supreme Court or at least to withdraw petitions based on what has been held in the case. Kaleeswaram Raj is a lawyer at the Supreme Court of India. The views expressed are personal
Indian Express
10-05-2025
- Politics
- Indian Express
Upheaval in hills days after 1857 revolt still a matter of debate; Jutogh, Kasauli cantonments witnessed resistance, say historians
As the nation commemorates the 168th anniversary of the 1857 revolt —also known as India's First War of Independence—on Saturday, May 10, it is important to remember that Himachal Pradesh, which was then part of undivided India and divided among several princely estates, was not untouched by the upheaval that was predominantly reported in the vast plains. At least two key British army cantonment areas in the hilly terrains of what is now Himachal Pradesh — Kasauli and Jutogh — witnessed acts of resistance by Gurkha soldiers. Additionally, Shamsher Singh, the ruler of the princely state of Rampur Bushahr, stood among the rare hill leaders who openly defied British authority during the uprising. Speaking to The Indian Express, Shimla-based noted historian Raja Bhasin said, 'The Gurkha soldiers, part of the then Nasiri Battalion stationed at Jutogh (later renamed the Gorkha Battalion), were so enraged by their low salaries, poor care of their families by the British authorities at that time that rumours spread they intended to wipe out the British civilian population in Shimla.' 'The panic among the British community was so intense that many sought refuge under the protection of Sansar Sen, the ruler of the Keonthal princely state, who sheltered them in his palace at Junga. At that time, General George Anson served as commander-in chief of the Shimla hills, overseeing the British cantonments, while Lord William Hay held the post of deputy commissioner of Shimla. The timing of their resistance coincided with the 1857 mutiny, which was largely confined to Meerut, Delhi, Indore and other plain areas. Before Jutogh, soldiers turned rebels at Kasauli,' said Bhasin. Bhasin said that almost all the princely estates at that time had sent their troops to assist the Britishers in suppressing the revolt by Indian soldiers, and Shimla had become a haven for the Britishers who wanted to escape from the plains to the hills to avoid the anger of rebel soldiers. The 1857 mutiny began when Indian soldiers in the British army at Meerut refused to use greased cartridges on May 10. This action triggered widespread rebellion across the country, particularly in Delhi, Kanpur, Jhansi, and Lucknow. 'Himachal Pradesh at that time was part of undivided Punjab and divided among many princely estates, most of which were pro-British,' said Prof B K Verma, head of the department of history at Himachal Pradesh University (HPU), Shimla, adding that the mutiny had a direct impact on at least two British army cantonments — Kasauli, now in the Solan district, and Jutogh, now part of Shimla district. 'Documented records suggest that approximately 80 soldiers, most of them Gurkhas under Subedar Bhim Singh, looted the government treasury and marched toward Jutogh, where soldiers of the Nasiri Battalion had also revolted. These events unfolded just days after the uprising broke out at Meerut on May 10,' said Prof Verma. 'There is a long discussion among historians about whether the resistance by the soldiers was due to patriotic spirits or due to some other reasons, but the fact is clear that the mutiny had also sparked the atmosphere of these silent hills.' said Verma, adding that there is no evidence that the rebel Gurkha soldiers harmed any Briti h civilians during that time. 'But it is well documented that the British population of Shimla was panicked when rumours spread that the rebels from the two cantonments were joining forces and marching on the town. Sansar Sen of Keonthal provided crucial help to the British at his Shimla and Junga palaces during this crisis,' Prof Verma said. He said that at a time when most local rulers remained loyal to the British and distanced themselves from the revolt, Shamsher Singh of Rampur Bushahr stood apart. 'His resistance was not necessarily driven by patriotic fervour but stemmed from resentment over taxes imposed on his princely estate by the British. While almost all the rulers in the hilly terrains assisted the British in crushing the revolt, Shamsher Singh withheld cooperation, marking a significant, if isolated, act of defiance.' Ankush Bhardwaj, associate professor of history at HPU Shimla, said, 'There are many authentic records and books, including The Crisis in the Punjab: From the 10th of May Until the Fall of Delhi by Frederick Cooper, that document the impact of the 1857 uprisings in the hilly terrains, largely corresponding to present day Himachal Pradesh. Moreover, there are dedicated chapters in our university syllabus covering these uprisings. But sadly, there is not a single memorial in Shimla commemorating these incidents, which means future generations may remain unaware of the local history connected to the 1857 revolt.' 'It is always sad to see this. Indeed, the Britishers inhabited Shimla, but 78 years have passed since the British Raj was gone. Authorities should look into this aspect,' he added. Meanwhile, a visit to Jutogh Cantonment, which is situated near the village of Totu in Shimla, suggests that although authorities have erected a Samarak Sathan (Memorial pillar) in memory of martyred soldiers who even died in the British army, there is no sign belonging to the 1857 uprising. Even the official website of the Himachal Pradesh government mentions the impact of the 1857 uprising in the state. 'The revolt or first Indian war of independence resulted due to the building up of political, social, economic, religious and military grievances against the British. People of the hill states were not politically alive as the people in other parts of the country. They remained more or less aloof and so did their rulers with the exception of Bushahr. Some of them even rendered help to the Britishers during the revolt. Among them were the rulers of Chamba, Bilaspur, Bhagal and Dhami. The rulers of Bushars acted in a manner hostile to the interests of British. However it is not clear whether they actually aided the rebels or not,' reads the official website of Himachal Pradesh.
Time of India
02-05-2025
- General
- Time of India
Most jhuggi-jhopri clusters connected to sewerage network, Delhi Jal Board tells National Green Tribunal
New Delhi: has informed that 574 out of Delhi's 639 JJ clusters have been connected to a sewerage network , and septage from these clusters was being treated in different sewage treatment plants. Tired of too many ads? go ad free now Of the remaining 65 JJ clusters, DJB said it was feasible to connect only 53 JJ clusters to STPs, with timelines varying from mid-2025 to 2027. The tribunal is hearing a case filed by a local resident, Shamsher Singh, related to the dumping of septage carried by unauthorised trucks and vehicles on roads and drains, leading to pollution and environmental damage. Septage is sewage stored in a septic tank, which is manually collected by tankers and trucks. In a report dated April 29, DJB said, "Out of 639 total JJ clusters, the drains of 574 JJ clusters have already been trapped in the nearby DJB sewerage network, and the sewage/septage from these 574 JJ clusters is being treated in different STPs." Of the 65 remaining JJ clusters, DJB stated that one was not found on the ground. "Out of the remaining 64 JJ clusters, 11 are not feasible, and there is no possibility of trapping them. DJB has suggested relocating these 11 JJ clusters entirely to reduce pollution." The report said of the 53 JJ clusters, 10 were likely to be connected to STPs by the end of this month, nine by the end of June, and two by the end of this year. Meanwhile, 13 additional JJ clusters are expected to be connected to STPs by Dec 2026, and three by March 2027. For the remaining JJ clusters, DJB said land to set up a decentralised sewage treatment plant was still awaited. Tired of too many ads? go ad free now "Work is expected to be completed nine months after receipt of funds and land," said the report. These 64 JJ clusters generate a total sewage of 2.6 million gallons per day. The sewage generated from 21 JJ clusters will be treated at the Okhla STP, one at Rohini, and 31 through decentralised STPs, stated the report. In Nov last year, Delhi Pollution Control Committee served a show-cause notice to DJB for the imposition of environmental compensation for not providing a sewerage network in authorised colonies and JJ clusters, resulting in the disposal of untreated sewage into the Yamuna. Earlier, NGT, in an order dated July 26, 2024, observed that no information was provided regarding the quantity of sewage generated, the collection system, treatment systems, and disposal, including wastewater quality standards in unauthorised colonies. The tribunal observed that it failed to understand the inaction by DPCC for such continued violations by DJB.
New Indian Express
26-04-2025
- New Indian Express
A 15-member Hindu family from Pakistan moved to Delhi camp from Haryana's Hisar
CHANDIGARH: A family of 15 Pakistani Hindus who came to India last year have been sent to a camp near Majnu Ka Tila in Delhi by the state police. They came from Pakistan to Rajasthan's Jaisalmer and later shifted to Balsamand village in Hisar, Haryana. This family joined many such families who are already living in this camp near Majnu Ka Tila. There are also families in another camp near Signature Bridge in the national capital. They face an uncertain future. Sources said that the family of 15 was put in a bus by the Haryana Police and taken to Majnu Ka Tila camp. It was in July 2024 that the family hailing from Sindh in Pakistan reached India. They entered the country via Rajasthan and spent some time in Delhi. From there, they moved to Balsamand village after they came in contact with a local villager who facilitated their relocation. Most of the family members have been working as daily-wagers and were getting meager earnings but they hoped never to return to Pakistan where they often faced religious persecution. One of them said that they never thought that they would end up in such a situation. Being Hindus they were subjected to continuous harassment and faced religious persecution in Pakistan and not to mention the socio-economic hardships. He added that they also taken land of rent and were growing vegetables, pulses and fruits and trying to settle down as slowly people started trusting them. But now they are not sure how long they will stay in the camp and what is there fate. A police official confirmed that the family has been shifted to a camp in the national capital from the village. Balsamand police chowki in-charge Shesh Karan said the family was handed over to the Delhi authorities. Another police official said that this family moved to Hisar in August last year from Jaisalmer in Rajasthan with help of one Shamsher Singh of Balsamad village. Sources said that there are many such families which have come to India from the neighboring country and have not got citizenship or as per rough estimates some few hundred such people are living near Majnu Ka Tila and also another few hundred such families are living near Signature Bridge in Delhi but of these some of them have got their citizenship certificates.
