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Right to Privacy is fundamental right: SC

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The Supreme Court on Thursday held that the right to privacy is a fundamental right and is an integral part of the right to life and liberty.

The ruling by a nine-judge bench headed by Chief Justice J.S. Khehar will have a bearing on the challenge to the validity of the Aadhaar scheme on the grounds of its violating the right to privacy.

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Six things to know about Triple Talaq

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Triple Talaq (talak-e-biddat) – the Muslim law where men can divorce their wives simply by uttering the word “talaq” three times has left several women destitute. Supreme Court of India on Tuesday delivered a monumental order by 3-2 verdict, in response to petitions from seven Muslim women who had been divorced through triple talaq. Here are six things to know –

  • Supreme Court ruled out the practice of instant Triple Talaq for six months
  • It stated that talaq-e-biddat is in violation of articles 14,15, 21 and 25 of the Constitution
  • The Apex Court asked the government to make a new law regarding the practice within six months
  • If the government fails to make a law within six months, the court’s injunction will continue
  • The bench comprised of five judges of different faiths deliberated for three months before issuing its order
  • Around 20Muslim countries including neighbours Pakistan and Bangladesh have banned the practice

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SC jails Justice Karnan for 6 months

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The Supreme Court on Tuesday held Calcutta High Court’s Justice C.S. Karnan guilty of contempt and ordered that he be jailed for six months.

The court ordered the Director General of West Bengal Police to constitute a team for the implementation of its order “forthwith”.

Holding Karnan guilty of contempt for his utterances against the Chief Justice of India and other judges of the apex court and the Madras High Court, a seven-judge bench headed by Chief Justice Jagdish Singh Khehar had barred the electronic and print media from carrying any of his statements.

“We are of the unanimous view that Justice C.S. Karnan is guilty of contempt of court and interfered with judicial process of grievous nature,” the court said in its order.

The bench also said it was satisfied in punishing him and sending him to jail for six months.

Karnan had written a series of letters making allegations against the judges of the apex court and the high court.

In the course of the hearing, the bench said that Karnan was medically fit as it noted that Karnan did not co-operate with the medical team that was set-up on the court’s order on May 4 to examine him.

It also said that the medical team too has not given any statement against Karnan.

In its last hearing, the apex court had directed the medical examination, which Karnan refused to undergo.

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Lalu to face trial in all fodder scam cases: SC

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In a setback for RJD supremo Lalu Prasad, the Supreme Court on Monday set aside a Ranchi High Court ruling and ordered that he be tried in all the remaining five fodder scam cases.

The Rashtriya Janata Dal chief has already been convicted in one of the fodder scam cases and his appeal against this is pending in the Supreme Court.

Setting aside the High Court order which said that since Lalu Prasad has already been convicted in one fodder scam case there was no need to try him in the other cases, a bench of Justice Arun Mishra and Justice Amitava Roy held that the trial would take place in all the cases on all the charges.

The bench also directed that the trials be completed in nine months.

The apex court wondered how could the same judge on the same facts of the case take one view in respect of one accused and a contrary view in case of Lalu Prasad.

The bench also took exception to delay by the Central Bureau of Investigation in filing the appeal against the High Court order.

It ordered CBI Director to hold an enquiry and fix responsibility for the delay.

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Centre rocks TS and AP’s boat

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GoI tells to Supreme Court that there is no need to review the present arrangement of sharing of River Krishna waters among Maharashtra, Karnataka, Telangana and Andhra Pradesh.

Hyderabad: The Stand taken by the Government of India on review of sharing river Krishna water turned out to be a big blow to Telangana and Andhra Pradesh.
The Telangana State had knocked the doors of the Supreme Court seeking review of the water sharing award among Maharasthra, Karnataka and erstwhile united Andhra Pradesh. The plea of Telangana was that the sharing of Krishna waters caused grave injustice to it, and asked the apex court to direct for reopening of the award and make fresh allocations among the four states falling under Krishna basin.

River waters are one of the major issues forming the demand for the bifurcation for a separate state of Telangana. Post bifurcation, even Andhra Pradesh too had joined the Telangana, favoring for reallocation of Krishna waters among four states.

Following the plea of the Telangana the Supreme Court has sought the opinion of the Centre on the demand of Telangana. After taking much time, on Tuesday, in his oral submission, the Counsel (Additional Solicitor-General) representing the Centre, Tushar Mehta, in the Krishna Waters Dispute case said that the Centre does not feel that there is a need to relook into the issue. And, the two Telugu states would do well to share the united Andhra Pradesh’s quota between them, without disturbing the existing arrangement.
Counsel for Telangana Government Vaidyanathan, while reacting to the stand taken by the Centre said that the submission was not made in writing. Hence, he was in no position to react and he will react after going through the contents of the submissions made by the Centre.

Telugu360 is always open for the best and bright journalists. If you are interested in full-time or freelance, email us at Krishna@telugu360.com.

Retain Padmasri, don’t misuse: SC tells Mohanbabu

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Noted actor and former Rajya Sabha member Mohanbabu on Monday got a breather from Apex court over the ban imposed by the Andhra Pradesh High Court with regard to using Padmasri as honorific.

The Supreme Court set aside the High Court ruling that stripped Mohan Babu Padma Shri award following a petition by former BJP state president N Indrasena Reddy.

Reddy contended that the actor Mohanbabu and another actor Brahmanandam had misused the civilian award in the titles of his movie ‘Denikaina Ready’ and ‘Jhummandi Naadam’. Reddy also sought annulment of Padmsri awarded to Brahmanandam.

Brahmanandam

According to the petitioner, prefixing Padmasri to the their name was violation of Article 18(1) and earlier directions of Supreme Court.Convinced  with argument, in the first of its kind order in the country, the Hyderabad High Court, in February 2014, directed the union home ministry to recommend to the president of India to annul the Padmasri accorded to Mohan Babu in 2007 and Brahmanandam in 2009.

Later in April 2014, both Mohanbabu and Brahmanandam moved the SC.

A Division Bench of Justices H L Dattu and SA Bodde, upon hearing their  senior counsel Soli Sorabjee , directed the actors not to misuse the civilian title. Then SC stayed the High Court order.

Mohan Babu and Brahmanandam assured the Apex Court in writing that they would not misuse the titles.

In the petition filed by Mohanbau court ruled that he could retain the Padmasri.

It may be recalled that a government press release on April 17, 1968 , had clarified that using the Padma awards as titles on letterheads, invitation cards, posters, books etc, violated the spirit of the constitution, which has abolished titles.

Telugu360 is always open for the best and bright journalists. If you are interested in full-time or freelance, email us at Krishna@telugu360.com.

It’s official, AP Govt Phones Tapped on TS Request

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In major embarrassment to Telangana government, three telecom operators informed the Supreme Court that they had tapped certain numbers from Andhra Pradesh in May-June 2015  as per the instruction from TS.

The tapping was done by Airtel, Idea and Reliance companies.

These companies admitted to this before the Apex Court, in a petition filed by Cellular Operators’ Association of India (COAI), the representative body of cellular operators.

Supreme Court, in turn, directed these companies to part with information in a sealed cover within a week and give this to trial court in Vijayawada. The direction is a victory of sorts to Andhra Pradesh, which wants to use  the charge of Telephone tapping by Telangana government to neutralize the T State’s threat to implicate chief minister Chandrababu Naidu in cash-for-vote scam.

This is expected to intensify the war of words between Andhra Pradesh and Telangana.

In the meantime, union home minister Rajanath Singh reportedly dashed off a letter to the states in conflict asking them to keep the centre posted with the problems arising between them such as telephone tapping.

Rajnath Singh

Because the implementation of the AP Reorganization Act-2014 is the responsibility of union ministry of home affairs (MoHA). The MoHA took the extraordinary step of writing to warring states as the telephone tapping and seeking the information thus tapped involves the issues of national security.

The petitioner, COAI said, “During the period from May 2015 to June 2015, the law enforcement agencies of the state of Telangana directed petitioners (Airtel, Idea and Reliance) to carry out lawful interception of certain phone numbers under Section 5 of the Indian Telegraph Act. The petitioners, who were bound under law, accordingly complied with the said orders. But they do not have access to the content of the said lawful interception. However, the said lawful interception has resulted in political storm in both the states.”

A probe by Andhra Pradesh  into cash-for-vote scam in which T-TDP MLA Revanth Reddy was caught red-handed while giving money to nominated MLA Stephenson in connection with MLC elections, revealed that certain phones of Andhra Pradesh government functionaries had been tapped. State then set up special investigative team (SIT) to investigate into the telephone tapping by TS which found that certain phones had been tapped.

Then, AP took legal recourse to get the call data from the Telecom operators. The Telangana government, however, had warned that disclosure of call data would be considered a violation of Official Secrets Act, 1923 and Indian Telegraph Act, 1995, by the operators. Telangana argues that telecom service providers are not supposed to entertain requests by anybody to furnish data, which is confidential in nature, and pertaining to lawful interceptions of telephone communication undertaken by law enforcement agencies falling within the jurisdiction of Telangana to police officers and individuals of other state who have no jurisdiction over the territory of Telangana state.

Informing the Apex court how they had been pressurized, with a request form AP for data, and a warning from Telangana against the three service provides sought the advice of the Union home ministry and Department of Telecommunications (DoT).

The DoT on the other hand on June 30, 2015 the DoT said, “the matter has been referred to the Government of India for legal examination as it related to lawful interception and monitoring that has bearing on national security.“

But with a court in Vijayawada directing the three companies to part with the information in a sealed cover by July 24, they moved the Supreme Court on Thursday.

The Supreme Court upon hearing the prayer of the three service providers directed them to furnish information sought by AP  to the magistrate concerned  in a sealed cover and directed the trial court to preserve it for a month so that petitioners could move Hyderabad High Court.

Telugu360 is always open for the best and bright journalists. If you are interested in full-time or freelance, email us at Krishna@telugu360.com.

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