Menu Close

News update 5th june 2018

  1. Supreme Court clears decks for reservation in promotion to SC/ST employees

Promotions, according to the Centre, have come to a “standstill” due to the orders passed by various high courts.  The apex court had also ordered for “status quo” in a similar matter in 2015.

 

The Supreme Court on Tuesday cleared the decks for reservation in promotion to SC/ST employees working in the public sector. A bench comprising of Justices Adarsh Kumar Goel and Ashok Bhushan asked the Centre to go ahead and implement its reservation policy as it is in “accordance with law”.

Promotions, according to the Centre, have come to a “standstill” due to the orders passed by various high courts.  The apex court had also ordered for “status quo” in a similar matter in 2015.

ISSUE

Quota/Reservation in promotion in government jobs in public sectors.

The top court was hearing a petition from the Centre challenging the Delhi High Court’s verdict quashing government’s order extending reservation in promotion to employees belonging to the Scheduled Castes and Scheduled Tribes beyond five years from November 16, 1992.

 

CASE LAWS

During the hearing, the ASG(MANINDRA SINGH) cited the case laws on the issue of and stated that the apex court’s 2006 judgment in M Nagaraj case would be applicable. The M Nagaraj verdict stated that creamy layer concept cannot be applied to the Scheduled Castes and Scheduled Tribes for promotions in government jobs

 

In 1992 Indra Sawhney and others versus Union of India (popularly called Mandal Commission verdict) and 2005 E V Chinnaiah versus State of Andhra Pradesh, which dealt with the creamy layer in Other Backward Classes category.

QUESTIONS PUT BY BENCH

“How the promotion is taking place as of now?” the bench asked.

Responding to the query, the ASG said, “They are not. It is all standstill. This is the problem”.

“I am the government and I want to give promotion as per constitutional mandate,” he told the bench and urged that he was seeking a similar order as passed on May 17.

He said that another bench of the apex court had earlier said that a five-judge constitution bench would examine the issue as to whether the M Nagaraj judgement, which dealt with the issue of application of the ‘creamy layer’ for reservation to SC and ST categories in promotion in government jobs, was required to be re-looked at or not.

The Delhi High Court, in its August 23 last year verdict, had set aside an August 1997 office memorandum issued by the Department of Personnel and Training (DoPT) on the issue of reservation in promotion to the employees belonging to SC/ST.

The high court had also restrained the Centre from granting reservation in promotion without first collecting the data on inadequate representation.

The nine-judge bench of Supreme Court had, in the Indira Sawhney case in 1992, permitted reservation for the SCs and STs in promotion to continue for a period of five years from November 16, 1992.

 

  1. Kaala producers should defer release, says CM Kumaraswamy as Karnataka HC directs govt to ensure security

Earlier in the day, the Karnataka High Court directed the state government to ensure the peaceful release of the film.

After the Karnataka High Court directed the state government to provide the necessary security for peaceful release of superstar Rajinikanth-starrer ‘Kaala’, Chief Minister HD Kumaraswamy suggested that the film’s release should be deferred as the atmosphere in the state is not conducive.

“As the head of the Karnataka govt, I have to implement the direction of High Court, it’s my responsibility. But according to my observations as an individual, in this kind of atmosphere, it isn’t good on the part of producer/distributor to release the movie,” ANI quoted Kumaraswamy as saying when asked about Kaala, which pro-Kannada outfits had threatened to stall over the actor’s reported remarks on the Cauvery row.

But according to my observations as an individual, in this kind of atmosphere, it isn’t good on the part of producer/distributor to release the movie: Karnataka CM HD Kumaraswamy on ‪#Kaala

Earlier in the day, the Karnataka High Court directed the state government to ensure the peaceful release of the film. Justice G Narendar issued the direction on the basis of a Supreme Court order, which had stayed ban orders imposed on the release of Sanjay Leela Bhansali’s film ‘Padmaavat’ by four states, including Rajasthan, early this year.

“Freedom of speech and expression, particularly as a medium of expression in films, cannot be curtailed. The creative content is an insegregable aspect of Article 19(1)(a) of the Constitution,” the judge said, citing the Supreme Court verdict on the release of the film ‘Padmaavat’.

The Karnataka Film Chambers of Commerce had on May 29 decided not to allow screening of ‘Kaala’, due for release on June 7.

Many pro-Kannada organizations had threatened to vandalize theatres if they screened the film. Earlier, the distributors association said they were against the ban and did not have any role to play to stop Kaala’s screening

 

  1. Himachal Pradesh bans the use of thermocol plates, plastic bottles less than one-liter capacity

Himachal Pradesh CM Jai Ram Thakur said a steel bottle would be provided to each student in all government schools in the state to discourage the use of plastic bottles.

Almost 15 years after blazing a trail in the country by prohibiting usage of polythene bags, Himachal Pradesh on Tuesday announced a ban on the use of thermocol plates and glasses in the state as they were a major cause of pollution. The government also banned plastic water bottles less than one-liter capacity at official functions.

Making the announcement at a function to mark the World Environment Day at Sundernagar town in Mandi district,

Chief Minister Jai Ram Thakur said the current water crisis in the state had its roots in the usage of plastic and its indiscriminate dumping in rivers.

“The government has decided to ban thermocol plates and glasses. Even plastic water bottles less than one-liter capacity will be banned in public meetings. There is a proposal to set up ten solid waste management plants for scientific disposal of waste. A polythene shredder machine will also installed in Sundernagar and Ghumarwin town,” Thakur said.

The CM said a steel bottle would be provided to each student in all government schools in the state to discourage the use of plastic bottles. “The initiative will be funded under Mukhiya Mantri Vardi Yojana — free school uniform scheme,” Thakur said. The CM also asked parents buy steel bottles for their school-going children.

The CM also touched upon the severe water shortage that has gripped Shimla and said pollution-reducing plants would be developed in state nurseries and provided to the people for plantation. “The water crisis in Shimla is due to pollution and degradation of water catchment areas, rivers and water bodies supplying water to the town. The government has also asked the Industries Department to prepare a project for setting up a unit for disposal of pine needles, which is mainly responsible for forest fires,” Thakur said.

Earlier in the day, Thakur launched Pollution Abating Plants Abhiyan (PAPA) and laid the foundation stone of a guest house and a mechanical engineering block building in Sundernagar’s Polytechnic Institute that would be constructed at a cost of Rs. 1.50 crore and Rs 5.58 crore respectively.

In 2003, Himachal Pradesh had become the first state in the country to ban the use of polythene bags. The CM also asked tourists visiting the state to use jute or paper bags instead of polythene bags. The BJP leader said special thrust would be laid on the plantation of trees from June 5 to July 1 in Baddi, Nalagarh, Parwanoo, Kala Amb, Poanta Sahib, Sundernagar, Damtal and Una as these were the most polluted cities of the state.

The government, during the past five years, had not strictly enforced the ban on polythene and faced a lot of flak from the environmental groups, who had launched a mass “Say no to plastic” drive.

  1. Calcutta HC grants anticipatory bail to BJP leader Mukul Roy

Mukul Roy, who was a senior Trinamool Congress leader before joining the BJP in November last year, was also directed by the court to cooperate with the investigation by the state police.

The Calcutta High Court on Tuesday granted anticipatory bail to BJP leader and former railways minister Mukul Roy on a bond of Rs 50,000 in connection with a complaint about the death of his “mentor” Mrinal Kanti Singha Roy in 2015. A division bench comprising Justices Joymalyo Bagchi and R K Kapur directed Roy to meet the investigating officer at Bijpur police station in North 24 Parganas district once a fortnight, apart from furnishing Rs 50,000 bail bond as conditions for granting anticipatory bail to him.

MUKUL ROY

Roy, who was a senior Trinamool Congress leader before joining the BJP in November last year, was also directed by the court to cooperate with the investigation by the state police. The court had in January directed the police not to arrest Roy during the pendency of his anticipatory bail application.

Roy had moved the bail application challenging an FIR filed by the sister of Mrinal Kanti Singha Roy who was said to be his mentor during his early days in politics and had died of complications after a road accident.

Singha Roy had allegedly suffered a road accident on June 8, 2011, at around midnight while returning home at Kanchrapara from Halisahar in North 24 Parganas district and was treated at a nursing home there and then at a private hospital in Kolkata.

Following his release from the hospital, Singha Roy was kept in a lodge under the supervision of Roy, who was then in TMC, according to the complaint. Singha Roy’s sister Sonali alleged that he was shifted to the Kolkata hospital and on his release was kept in the lodge on the instructions of Roy instead of being taken home.

It was stated that during his stay at the lodge, Singha Roy suffered a throat infection and died after prolonged treatment at the city hospital. Sonali alleged that she had learned from the hospital that Singha Roy had suffered internal hemorrhage, which she claimed could be due to serious injury and suspected Roy’s role in the matter.

Lawyers for Sonali Singha Roy had told the high court that her attempts to lodge a police complaint had failed, following which she had moved the local court which directed the police to file an FIR.

  1. World Bank asks Pak to accept India’s offer of appointing a ‘neutral expert on Kishanganga project

India says there are differences between it and Pakistan over the design of the dam and, therefore, the matter should be addressed by some neutral experts.

The World Bank has asked Pakistan that it should accept India’s offer of appointing a “neutral expert” on the Kishanganga dam dispute instead of instead of insisting to refer it to the International Court of Arbitration (ICA), according to a media report on Tuesday.

Pakistan considers the construction of the Kishanganga dam in Kashmir over the waters flowing into the western rivers a violation of the Indus Waters Treaty of 1960. It wants the dispute to be referred to the ICA.

World Bank President Jim Yong Kim in a fresh communication last week advised the Pakistan government to withdraw from its stand of taking the matter to the ICA, Dawn reported.

The bank had on November 10, 2016, even picked a US chief justice, the rector of Imperial College, London, and the World Bank president for appointing the chairman of the court to resolve the dispute over the dam, the report said.

India says there are differences between it and Pakistan over the design of the dam and, therefore, the matter should be addressed by some neutral experts.

A source privy to the development told the paper that Pakistan believed that acceding to India’s proposal of referring the dispute to neutral experts or withdrawing from its stand would mean closing the doors of arbitration and surrendering its right of raising disputes before international courts.

“It will become a precedent and every time a dispute emerges between Pakistan and India, the latter will always opt for dispute resolution through neutral experts,” the source said.

FACTS

On December 12, 2016, the World Bank president had informed Pakistan through a letter to then finance minister Ishaq Dar that he had decided to “pause” the process of appointing the ICA chairman as well as the neutral expert.

Dar had lodged a strong protest with the World Bank telling it that Pakistan would not recognize the pause. He had asked the bank to play its due role in the matter.

Pakistan believes that on the one hand the World Bank has tied its hands from raising the dispute at the ICA, and on the other, it has not blocked the Indian effort to complete the construction of the dam.

The World Bank did not even heed to Pakistan’s concern when provided with satellite images during a number of meetings with the bank that India was constructing the dam. The bank even denied Pakistan the opportunity to stay the construction of the dam, the report said.

In February last year, the World Bank further extended its pause until the secretary-level talks between the two countries bore some fruits. Subsequently, four rounds of talks were held in February, April, July and September in Washington in which the bank was willing to appoint an international court to determine which forum under the treaty was proper — arbitration or neutral experts. But India did not accept it, the source said.

The World Bank even declined Pakistan’s forceful plea on May 22, 2018, asking it to express concern by stating that it had “noted the inauguration of the Kishanganga Dam by Indian Prime Minister Narendra Modi”, the source added.

The 1960 treaty recognises the World Bank as an arbitrator in water disputes between India and Pakistan as the bank played a key role in concluding this agreement which allows India to have control over the water flowing into three eastern rivers — Beas, Ravi, and Sutlej — also permitting India that it may use the water of western rivers — Chenab, Jhelum, and Indus — but it cannot divert the same.

Leave a Reply

Your email address will not be published. Required fields are marked *