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Defamation law can’t muzzle media, says law panel survey
Sushma to visit US, UN Gen Assembly
PM to meet Hasina in NY
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Kejri, 3 others put on trial in defamation case
Jawan wins 12-yr battle for pension
BJP retains Antagarh seat in Chhattisgarh
Gogoi: Al-Qaida may collude with Assam militants
NBW issued against BJP MP Sriramulu
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Defamation law can’t muzzle media, says law panel survey
New Delhi, September 20 “Criminalising criticism in this disproportionate fashion will have a chilling effect on speech,” the commission said while summarising the responses it has received to its consultation paper on media laws. Respondents to the consultation paper had made suggestions ranging from total repeal to dilution of Sections 499 and 500 of the Indian Penal Code dealing with defamation and punishment. “A very small number argued for the retention of criminal provisions for defamation as a fair balance between the right to reputation and speech,” the commission said. A number of them favoured introduction of non-pecuniary remedies such as a “visible retraction” of the defamatory content and the provision of rights to reply. A section of the respondents suggested a cap on damages. This suggestion assumes significance in the light of a Rs 100-crore penalty slapped by a court on a television channel in a defamation case. Criminal defamation laws violated international norms on the freedom of speech. The UN Human Rights Committee had said defamation laws must be crafted with care to ensure that they did not stifle the freedom of expression, it was noted. Safeguards should be provided against the abuse of defamation laws to harass and intimidate, both through the threat of imprisonment as well as through prayers for a large quantum of damages. “In particular, measures such as requiring plaintiffs to demonstrate actual and serious harm resulting from the publication of allegedly defamatory content, instituting sanctions for frivolous litigation, capping damages and amending the Civil Procedure Code were suggested,” the commission said. “Civil penalties must not block freedom of expression and should be designed to restore the reputation harmed,” it was explained. “One respondent argued that companies and persons holding public office should be made ineligible to sue for defamation,” it said. The defamation law encouraged its abuse in the form of strategic lawsuits against public participation (SLAPP), it was contended. The responses would be discussed at a national consultation on media laws on September 27-28 being organised jointly by the commission and the National Law University, Delhi. Law Minister Ravi Shankar Prasad would inaugurate the conference, which would be attended by jurists, legal experts and media personalities.
The suggestions
* The Law Commission had sought responses from public on the existing defamation laws against the media *
While some respondents favoured introduction of non-pecuniary remedies such as a ‘visible retraction’ of the defamatory content, others suggested a cap on damages *
They further suggested safeguards against the abuse of defamation laws to harass and intimidate
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Sushma to visit US, UN Gen Assembly
New Delhi, September 20 A series of bilateral and multi-lateral engagements are scheduled for the External Affairs Minister, including meetings with ministers of the G-4, G-15, G-77, BRICS, IBSA, SAARC, Commonwealth Foreign Ministers, Gulf Coordination Council and other such groupings. External Affairs Ministry spokesperson Syed Akbaruddin said starting September 24, the Minister would hold talks with some of her counterparts with whom she has not interacted since assuming office. She will later join Prime Minister Narendra Modi’s delegation on its trip to UNGA and later to Washington before returning to New York to be at the UN on October 2, which observes Mahatma Gandhi’s birth anniversary as the ‘Day of Non-Violence’. Prime Minister Modi is scheduled to travel to Washington on September 29-30 for a bilateral meeting with President Barack Obama. This will be Modi’s first visit to the US. She will hold a bilateral meeting with UK Foreign Minister Philip Hammond. The G-4 includes India, Japan, Brazil and Germany on reforms in the United Nations Security Council.
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PM to meet Hasina in NY
New Delhi, September 20 Modi had invited Hasina for his swearing-in ceremony but the Bangladeshi leader was on an official visit to Japan and could not attend the event. Dhakha is keen on the Land Border Agreement (LBA) and the Teesta river deal with India. The LBA signed in 2011 between then PM Manmohan Singh and Hasina awaits ratification by Parliament. External Affairs Minister Sushma Swaraj today told the visiting Bangladesh Foreign Minister Abdul Hassan Mahmood Ali that the Bill was with a reconstituted House panel and consultations were underway. As per joint verification done by both governments, there are 111 Indian enclaves in Bangladesh and 51 Bangladesh enclaves in India. A border pact would mean New Delhi losing 10,000 acres of land which otherwise cannot be accessed without consent of Dhaka. Swaraj and her Bangladesh counterpart were present at the third meeting of the India-Bangladesh Joint Consultative Commission where the issue of Teesta water was also raised by the visiting dignitary. India said it was aware of the priority Dhaka attaches to the deal. The agreement on sharing Teesta waters was stalled in 2012 by West Bengal Chief Minister Mamata Banerjee who refused to join PM Manmohan Singh on a visit to Dhaka.
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Kejri, 3 others put on trial in defamation case
New Delhi, September 20 Metropolitan magistrate Sunil Kumar Sharma framed charges against Kejriwal, Bhushan, AAP leader Manish Sisodia and Shazia Ilmi, who has quit the party, under section 500 (defamation) of the IPC. The four accused were put on trial by the court after they did not plead guilty to the offence and claimed trial. The court has now fixed the matter for January 17, 2015 for recording of evidence. The court had on July 24 last year summoned Kejriwal, Sisodia, Bhushan and Ilmi in the criminal defamation case filed by Amit, who is a senior lawyer. — PTI
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Chinese Prez more realistic: Dalai Lama
New Delhi, September 20 "There are lots of changes. Since he
(Xi Jinping) became President, judging him through his handling of problems, he is comparatively more realistic and with more principles," Dalai Lama said. The Chinese President has spoken about importance of Buddhism in Chinese culture which, the Dalai Lama said, shows that Communist party leaders have the ability to act according to reality. "Communist leaders for the first time mentioned about importance of spiritualism. This is something new," he said. — PTI
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Jawan wins 12-yr battle for pension
Chandigarh, September 20 A Bench of the Delhi High Court has ordered the Centre to grant Surender Singh, who was decorated for gallantry, liberalised pension along with arrears and 9% interest from the date of his discharge from service. The High Court stated that his disability of 60% should be rounded-off to 75% and he should be paid all his dues within eight weeks. In February 1992, Surender received a bullet injury to his spinal cord. His doctor advised that if the bullet was removed from the spinal cord, it could either result in permanent disablement or death. He preferred to get himself medically treated without getting the bullet removed. After his treatment, the level of his disability was assessed at 60% by Safdarjung Hospital. In spite of his disability, he was posted to a high-altitude area without the considering the fact that he was not in a condition to perform his duties at such location. The petitioner said out of frustration over posting, he took voluntary retirement. Consequently, he was discharged from his service on October 31, 2002, and thereafter only granted ordinary service pension. He said he was entitled to liberalised pension under Clause ‘D’ of the CCS Rules as he took discharge from service because he had received a serious bullet injury to his spine while fighting the terrorists and not just out of his own choice and volition. Earlier, his appeal to the authorities for liberalised pension had been rejected on the grounds that there was no provision for liberalised pension. Observing that the petitioner had has placed on record the photo copy of his investiture ceremony picture which clearly showed that he was being assisted by other officers even to stand properly, the Bench said, “We are appalled by the attitude of the respondents in treating the members of the forces in such a despicable and inhumane manner.” “Clause ‘D’ of the CCS Rules clearly envisages that if the disability is attributable to acts of violence by terrorists or anti-social elements then the officer is entitled to liberalised pension and the rule has been ignored by the respondents,” the Bench observed.
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BJP retains Antagarh seat in Chhattisgarh
Raipur, September 20 Naag gained an impressive lead as soon as counting started from 8 am at Bhanupratap Dev PG college of Kanker district headquarters, which was expected in the absence of the Congress candidate who surprisingly pulled out from the contest at the last moment. After counting of votes in 15 rounds, Naag won by a margin of around 52,000 votes, an election official said. Voter turnout of 58.73 per cent was recorded in the Antagarh assembly seat bypoll which was held on September 13. — PTI
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Gogoi: Al-Qaida may collude with Assam militants
Guwahati, September 20 He asked people to be alert and inform authorities if they stumbled upon mysterious designs and activities of such fundamentalists and anti-national
outfits. Gogoi said groups such as Al-Qaida might have “tacit understanding” with ULFA (I) and NDFB (S) as they hardly criticised each other. “I have been maintaining that all terror outfits have some sort of links,” Gogoi said.
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NBW issued against BJP MP Sriramulu
Bellary, September 20 A functionary of Sriramulu’s erstwhile party BSR Congress had filed the complaint in April claiming he was promised a ticket by him to contest the Lok Sabha elections or that he would be made an MLC. Sriramulu had issued a cheque but it was dishonoured, the complainant, Somashekar from the BSR Congress’ Mysore district unit, had alleged. Sriramulu had dismissed the allegations as an attempt to tarnish his image and a “political conspiracy” against him. — PTI
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Kolkata Gangrape: 13 get 20-yr jail: A West Bengal court on Saturday sentenced 13 people convicted of raping a tribal woman in Birbhum district of the state to 20 years rigorous imprisonment. The 20-year-old woman was gang-raped in January in Subalpur village in the district, following the orders of a kangaroo court which found her "guilty" of having an affair with a man outside her community. IANSBikaner Teacher thrashes student, held: A teacher was arrested for allegedly beating up and expelling 11 Dalit students for drinking water from a common earthen pot in a primary school in the Nokha area of Bikaner on Saturday. The accused teacher, Mangal Singh Rajput, was posted at a government primary school in Tat village. PTImumbai KBC’s first Rs 7-cr winner: The Narula brothers, Achin and Sarthak, became the first ever contestants to win the highest prize of Rs 7 crore in reality game show 'Kaun Banega Crorepati', hosted by Amitabh Bachchan. Achin is a marketing manager and Sarthak is a student. PTI
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External Affairs Minister Sushma Swaraj will be interacting and meeting some 100 of her counterparts during a 10-day sojourn to the United States and the United National General Assembly starting Wednesday.
Prime Minister Narendra Modi will hold a bilateral meeting with his Bangladesh counterpart Sheikh Hasina on the sidelines of the UN General Assembly in New York later this month.
Modi had invited Hasina for his swearing-in ceremony but the Bangladeshi leader was on an official visit to Japan and could not attend the event.
