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Juvenile
Justice Act
SPG urged to review NSG’s VVIP security apparatus
SC to hear Centre’s minority quota plea
Vice-President laments House disruptions
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RS nod to four legislations
Session may be extended to pass women’s Bill
India-China ties vital to Asia’s security: Ex-NSA
Khurshid may meet Pak PM’s Adviser
HC puts Kejriwal’s relief to power defaulters on hold
’84 riots: Kejri writes to LG on SIT
UP headmaster thrashed over midday meal
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Juvenile
Justice Act R Sedhuraman Legal Correspondent
New Delhi, February 19 Pointing out that the Juvenile Justice Act was an “optional legislation,” a three-member Bench headed by Chief Justice P Sathasivam ruled this could not be negated by any personal law. “Personal beliefs and faiths, though must be honoured, cannot dictate the operation of the provisions of an enabling statute,” the Bench clarified. Justices Ranjan Gogoi, who scripted the verdict, and Shiva Kirti Singh were the other members of the Bench. “An optional legislation that does not contain an unavoidable imperative cannot be stultified by principles of personal law,” the Bench held. The apex court, however, made it clear that individuals were free to either submit themselves to their personal law or adopt children under the provisions of the 2006 amendment to the Juvenile Justice Act, 2000, and the rules notified in 2007. “The Act does not mandate any compulsive action by any prospective parent leaving such person with the liberty of accessing the provisions of the Act, if he so desires. Such a person is always free to adopt or choose not to do so and, instead, follow what he comprehends to be the dictates of the personal law applicable to him,” it pointed out. The apex court, however, rejected the plea of PIL petitioner Shabnam Hashmi to declare the right to adopt as a fundamental right, observing that the time and stage was still not appropriate for the purpose. “This will have to await a dissipation of the conflicting thought processes” prevailing in the country, it clarified. “The legislature which is better equipped to comprehend the mental preparedness of the entire citizenry to think unitedly on the issue has expressed its view, for the present, by the enactment of the the Juvenile Justice Act, 2000, and the same must receive due respect,” the SC said.
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SPG urged to review NSG’s VVIP security apparatus
New Delhi, February 19 NSG Director General Jayanto Narayan Choudhury told The Tribune that he had asked the Special Protection Group (SPG) to have a relook at the NSG’s VVIP security unit. The SPG is responsible for protecting the Indian Prime Minister. “So far, our charter (with regards to VVIPs) is mobile security. We have asked the SPG to take a look at what we are doing and tell us what we need to do. It is a systematic review that will be done with their help. They are the best in the business. I have spoken to the SPG Director and he has said that it will be done as soon as possible,” said Choudhury. He said he had written to the Ministry of Home Affairs to audit the NSG’s capabilities and resources. “By capabilities, I mean in regard to counter-terrorism and any other tasks given to us by the government. Resources include training, technology and personal policies. Every organisation needs to introspect and look at oneself. We need someone to look at us dispassionately and tell us that we need this or we need that,” he said. Some of the 17 VVIP protectees of the NSG are BJP’s prime ministerial candidate Narendra Modi, BJP leader LK Advani, Punjab Chief Minister Parkash Singh Badal, Tamil Nadu Chief Minister J Jayalalithaa, Union Minister Farooq Abdullah and Uttar Pradesh Chief Minister Akhilesh Yadav. The DG said the SPG functioned under an Act and therefore had more manpower and resources. “We are working within the existing framework on how we can provide the kind of cover that is expected from the NSG,” said Choudhury. The need for stronger protection of the VVIPs comes at a time when most of them would be campaigning across different states for the upcoming Lok Sabha elections. At a seminar of the NSG National Bomb Data Centre today, Choudhury said the NSG had been providing training to the state police forces. “The focus has been on the training of trainers. We have tried to create a corps of trainers who will train police personnel on how to see a crime scene and how to begin investigations of IED blasts,” he explained.
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SC to hear Centre’s minority quota plea
New Delhi, February 19 The UPA-II government had announced the sub-quota on December 22, 2011 for socially and educationally backward people among the minority communities, but the Andhra Pradesh High Court struck it down on May 28, 2012. The Centre came to the SC challenging the HC verdict and seeking a stay till the disposal of the appeal. The SC, however, rejected the plea for stay. The government has now approached the SC, pointing out that a larger Bench of the Supreme Court had passed an interim order in a similar case allowing AP to offer reservation to Muslims.
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Vice-President laments House disruptions
New Delhi, February 19 Releasing a book “Public Issues before Parliament” by Congress MP Vijay Darda, the Vice-President said the venue of public agitation and debate cannot be interchanged. Ansari expressed deep concern that Parliament was becoming a place of public agitation and made indirect references to the display of anger and behaviour witnessed recently in the state Assemblies. His remarks came in the backdrop of the pepper spray incident in the Lok Sabha last week and the unruly scenes witnessed in the Jammu and Kashmir Assembly recently. The Vice-President’s anguish also followed similar concern expressed by President Pranab Mukherjee, who has been stressing that Parliament and legislatures are places for debate and discussion and not disruptions. Eminent jurist and former MP Fali Nariman, while echoing the sentiments of the Vice President, said he was an optimist and hoped that the situation would improve. However, he said, over the recent past the country was losing its prestige as the global powers and international business did not take the progress as seriously as in the past owing to the quarrelsome attitude and inability to work in an orderly fashion. Union Minister Farooq Abdullah recalled first Prime Minister Jawaharlal Nehru’s democratic tradition, who would sit in the House and listen intently criticism of his policies. CPM leader Sitaram Yechury was of the view that disruption of Parliament and legislatures meant that the elected representatives were failing to hold the executive responsible which was pre-eminent in the constitutional scheme of things.
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RS nod to four legislations
New Delhi, February 19 The other two legislations approved by the House were the Rani Lakshmi Bai Central Agricultural University Bill and the National Institutes of Technology, Science Education and Research (Amendment) Bill. The four Bills have already been passed by the Lok Sabha. The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill provides legal protection to street vendors to sell their wares without facing harassment. The Governors (Emoluments, Allowances and Privileges) Amendment Bill entitles a former Governor to have one personal assistant on reimbursement basis. However, he/she shall not be entitled to such secretarial assistance if reappointed to the office of Governor, elected to Parliament or a state legislature.
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Session may be extended to pass women’s Bill
New Delhi, February 19 Parliamentary Affairs Minister Kamal Nath said this in the Lok Sabha after Jaya Prada intervened during the Zero Hour to question the political will of the government in making the women’s quota law a reality. She was supported by the CPI, CPM, BJD and Akali Dal. Akali Dal MP Paramjit Kaur Gulshan was also seen standing in her seat asking why the government was not bringing the women’s reservation law that seeks to reserve 33 per cent seats in both the Houses of Parliament for women. The Bill has been passed by Rajya Sabha earlier.
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India-China ties vital to Asia’s security: Ex-NSA
New Delhi, February 19 Narayanan, a former National Security Adviser and a former Director of the Intelligence Bureau, was delivering the keynote address at the 16th Asian Security Conference on ‘Emerging Strategic Trends in Asia and India’s Response’ at the Institute for Defence Studies and Analyses (IDSA). Describing Asia as “economically dynamic and to an extent integrated”, he said from the security point of view, the continent appeared “dysfunctional” hit by multiple strands of thoughts, multiple perspectives and multiple courses of action that intersect with fragile states, already hit by internal conflicts. “Asia’s security appears anachronistic when compared to Asia’s economics,” Narayanan said. On the emerging strategic trends in Asia, the Governor said “strategists have let us believe that it is the outcome of two longstanding disputes in Asia - Sino-India and Indo-Pak - and subsequently it is China’s assertion to power that will determine the course of action in Asia”. “Both India and China have different approaches to Asian security and regional stability. While China’s assertion of power is its desire to establish its pre-eminence in the region, India’s preference appears more limited, largely restricted to maintaining its strategic autonomy, even while trying to sustain higher economic growth.”
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Khurshid may meet Pak PM’s Adviser
New Delhi, February 19 Indications are that Khurshid’s meeting with Sartaj Aziz, Pakistan Prime Minister’s Adviser on Foreign Affairs, will take place tomorrow. Official sources said it was customary for SAARC leaders to hold bilateral talks on the sidelines of any SAARC meeting. Khurshid is expected to discuss the current state of bilateral ties between the two nations. Pakistan is pitching for the resumption of full-spectrum dialogue between the two countries. However, sources said there was a road map, agreed upon between the two countries, for the resumption of dialogue. It is more or less clear that the dialogue will resume only after a new government assumes office in India after the Lok Sabha elections.
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HC puts Kejriwal’s relief to power defaulters on hold
New Delhi, February 19 A Bench comprising Justices BD Ahmed and Siddharth Mridul passed the oral order while hearing PIL petitioner, Vivek Sharma, who pleaded that such reliefs would result in chaos as defaulters ought to be penalised, not rewarded. Posting the next hearing for February 21, the high court said it was not clear from official records as to whether the Delhi Cabinet had cleared the proposal for waiving the bill amounts. It asked the state’s standing counsel to file an affidavit, if necessary, clarifying the status. Vivek Sharma contended that, according to media reports, the Lieutenant Governor had directed all government departments to implement the major decisions of the Arvind Kejriwal regime that was in power for 49 days before quitting in protest against the attitude of the Congress and BJP in stonewalling its move to introduce the Jan Lokpal Bill in the Assembly.
Binny’s expulsion
In another order, the high court stayed Delhi Assembly Speaker MS Dhir’s ruling that expelled AAP MLA Vinod Kumar Binny should abide by the party whip despite his expulsion. Citing a Supreme Court verdict in 2010 in the case of expelled Samajwadi Party leaders Amar Singh and Jaya Prada, Justice Manmohan said the Speaker’s ruling would remain stayed till the next hearing on March 4. The high court also issued notice to the Speaker and the Aam Aadmi Party seeking their views on Binny’s plea that he be treated as an unattached member in the House, which has been kept under suspended animation following the imposition of President’s Rule in Delhi in the wake of the AAP government’s resignation.
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’84 riots: Kejri writes to LG on SIT
New Delhi, February 19 In a letter, Kejriwal said they had suggested names of three senior IPS officers from outside the National Capital for appointment to the SIT. Kejriwal thanked the LG for supporting his government’s decision and asked him to appoint police officers from outside Delhi for an impartial probe. He impressed upon the LG to notify the SIT’s formation at the earliest. “Some of the witnesses are already old and setting up of the SIT is perhaps their last hope of getting justice. Therefore, I request you to kindly expedite the setting up of this team,” Kejriwal stated. The erstwhile Delhi Cabinet, headed by Kejriwal, had approved the setting up of an SIT to look into the killing of innocent people in 1984.
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UP headmaster thrashed over midday meal
Lucknow, February 19 The headmaster of Khaledubra primary school in Tarabganj block of Gonda district, Mirza Umar Baig, was later rescued by the police. — TNS
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A first, Mi-17 choppers fight forest fires in N-E
The IAF’s newly acquired Mi-17 V5 helicopters were deployed in an unusual role earlier this month. They were called in for fighting massive forest fires in Nagaland.
This was for the first time that helicopters were used in India for fire-fighting. Using a “bambi bucket”, which can carry up to 3,000 kg of water, the helicopters dispensed water over the raging fires at a height of almost 10,000 ft. The task was highly arduous because of the restricted area from where the water was collected, with strong winds blowing at 60 kmph. Repeated sorties were carried out by the aircrew over two days to drop water over the affected areas — some of which were inaccessible by foot — managing to downsize the blaze considerably. The operations were led by Gp Capt Mukesh Kumar
Yadav.
President’s Standards for 67 Armoured Regiment
The 67 Armoured Regiment will be presented the President’s Standards at a special function in Bikaner on February 21. The Standards, awarded as a mark of recognition of services rendered by a military establishment, will be presented by the Chief of Army Staff, Gen Bikram Singh, on behalf of the President. Raised in 1967, the regiment has participated in a large number of operations including Operation Cactus Lily, Operation Trident, Operation Vijay and Operation Parakram. It has also contributed a large number of officers and other ranks to Rashtriya Rifles units deployed in the counter-insurgency grid and to UN peacekeeping operations.
Army to install Major’s statue in Srinagar
Many journalists who were posted in Srinagar in 1999 would have fond memories of Maj P Purushottam, the public relations officer of 15 Corps. He, along with three of his colleagues, was killed while saving several mediapersons during a militant attack on his office on November 3 1999. He had also been closely associated with the coverage of the Kargil conflict and had been conferred the ‘PR man of 1999-2000 Award’ by the Public Relations Society of India. To immortalise his actions, the Army is installing his statue in the Badami Bagh Cantonment in Srinagar. It will be inaugurated by the Corps Commander Lt Gen Gurmeet Singh on February 22.
Antony happy with pension announcement
The approval of the One-Rank-One-Pension (OROP) formula for retired soldiers had Defence Minister AK Antony in a joyous mood. The normally reticent minister thumped his desk in the Lok Sabha with both his hands with a child-like glee. MPs congratulated Antony even as Finance Minister P Chidambaram continued reading his Budget speech. Antony later told mediapersons that the government was concerned about the wellbeing of retired soldiers. Amid the high decibel credit-seeking political din, one man basked in glory —Rajeev Chandrasekhar, the Rajya Sabha MP who had petitioned the Upper House in 2011 asking for OROP to be implemented. The Petitions Committee of the House had then recommended that OROP be implemented. "One of my most satisfying efforts,” Chandrasekhar said. (Vijay Mohan and
Ajay Banerjee)
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New Delhi, February 19
The IAF’s newly acquired Mi-17 V5 helicopters were deployed in an unusual role earlier this month. They were called in for fighting massive forest fires in Nagaland.
