‘ West Bengal suit against CBI probes his merit ‘
The Supreme Court on Wednesday , upheld the maintainability of the original suit filed by West Bengal , which accuses centre of “ constitutional overreach “ and violation of federalism by unilaterally employing CBI without state’s prior consent .
A bench of Justice Sandeep Mehta and B.R.Gavai refused to accept the Union government’s preliminary objection that it was wrongly made a defendant , as it did not control the CBI , which was an “ independent agency “ .
“ The very establishment exercise of powers ,extensions of jurisdiction , the superintendence of DSPE , all vest with government of India . “. Justice Gavai authorizing the verdict said .
“ Under Section 4 , of DSPE Act , except the offences under Prevention of corruption Act , Superintendence of DSPE in all other matters would vest with central government . “ Justice Gavai said .
West Bengal government in its petition has said that CBI had registered several cases in state in which states consent was not taken .
The legality of CBI has been derived from Delhi Special Police Establishment ( DSPE ) Act 1946. Jurisdiction of CBI was later extended to wholr country .
Divorced Muslim women entitled to maintenance under under secular statute : SC
The Supreme Court on Wednesday held that divorced Muslim women are entitled to maintenance under the “secular “ section of 125 of the code of criminal procedure .
The court said that secular statutory provision under section 125 cannot be foreclosed for divorced Muslim women (Protection of Rights on Divorce) Act , 1986 .
A divorced Muslim woman is entitled to all rights of maintenance available to other equally situated women in the country.
In a separate but concurrent judgment by a two judge Bench of Justice B.V Nagarathna and Augustine Jorge Mashih came by appeal filed by a Muslim man challenging a Telangana high court decision to upheld a divorced wife demanding maintenance under 125 of Cr PC .
The court upheld the High Court Order.
Section 3 , of the 1986 Muslim Personal Law guarantees the payment of maintenance by a Muslim woman by her former husband only during the period of iddat .
Iddat is period of three months after divorce .During the iddat period a divorced Muslim woman cannot remarry , after iddat she can remarry according to Muslim laws .
The provision to give maintenance to children under this is only for two years .
Section 125 of CrPC places and obligation on “ any person having sufficient means to maintain “ his wife “ or “ his legitimate or illegitimate minor child “ if they are unable to maintain themselves .
BJP in a statement has held the judgment .
‘Men should share funds to empower their wives ‘
Justice B.V. Nagratha of Supreme Court , in an order of Wednesday said men should share their financial resources with their ‘ homemaker ‘ wives who did not have an independent source of income .
“ An Indian man must become conscious of the fact that he would have financially empower and provide to his wife , who does not have independent source of income , by making available finacial sources particularly towards her personal needs , in other words giving the access to her financial resources . “
She observed “ A wife who is referred to as homemaker is working throughout the day with the for the welfare of her family without expecting anything in return except possibly love and affection , a sense of comfort and respect for her husband and his family . Which are towards her emotional security . This may also be lacking in certain household . “
Discrimination and segregation in prison on the basis of caste must end , says CJI
The Supreme Court on Wednesday indicated it’s intention to ask the Union Home ministry to intervene with the states to overhaul their prison manual and wipe out caste based discrimination in prisons .
Petitioners had cited many states having separate work for different caste groups. And even separate accommodation had been cited .
Earlier the court had found that prison mauaps in more than 10 states , including Uttar Pradesh , West Bengal , Odisha , Maharashtra , TamilNadu and Kerala continued to have provision that sanctioned provision of forced labor on ground of caste in prison .
NGO working on rights issues loses FCRA registration
The Union Home Ministry cancelled the Foreign Contribution Regulation Act ( FCRA ) registration of the parent entity of nonprofit Ce ter For Financial Accountability ( CFS ) .
CFA monitors and critically analyses the role of financial institutions , and their impact for development , human rights , and the environment .
In a recent report it has cited environmental damage by the Adani SEZ project in Gujarat’s Kutch ..
The NGO said that it will find other ways to work and won’t get bogged down by cancellation of license
In a first ,Bihar to induct three transgender police personals
For the first time in the state’s history , the three transgender persons has been included in Bihar Police
18 killed , 12 injured as Bus from Bihar rams milk tanker on Expressway in Unnao district
At least 18 people were killed and 21 injured when a bus rammed from behind by a mil tanker near Unnao On Lucknow Agra expressway . Most of the dead were from Seohar district of Bihar .
ITBP seized 108 kg gold biscuits near China border
It was first time that smuggling was caught in the eastern Ladakh region .
ITBP had launched Jazba , an operation to thwart smuggling in the region .
World
Israeli army asks Gaza City residents to evacuate as it steps up offensive
The Israeli army dropped thousands of leaflets over Gaza City on Wednesday , urging all citizens to flee a heavy offensive that has rocked the main city of besieged Palestinian territory .
The leaflets addressed “ everyone in Gaza City “ set out designated escape routes to the South and warned the urban area , previously home of more than half a million people , would “ remain a dangerous combat zone “ .
Meanwhile the Israeli delegation reached Doha to resume ceasefire talks being mediated by Qatar and USA .
Myanmar rebel group seizes town along road to China border
Myanmar’s ethnic armed group has captured a major highways to China from Shan State.
Heavy fighting was going on between the military Junta and the armed group for days .
Tang National Liberation Army ( TNLA ) has also captured a key town Naugcho .
The town is about 50 km from the highway .
Bangladesh suspends job reservation after protest by students
Bangladesh’s top court has suspended quota in government job after thousand of students staged nationwide protests against what they called a discriminatory system .
In Bangladesh more than half of seats are reserved for different sections including war heros .
30 % is reserved for children of those who fought in the Bangladesh liberation war .
10% for women and 10% for resident for specific districts .
Students are demanding that only quota for ethnic minority Bs disabled should remain . This will account for 6% reservation.
Science
Why is India drilling a 6 km deep hole in Maharashtra ?
Borehole Geophysics Research Laboratory ( BGRL) in Karad , Maharashtra is a specialised institute under Ministry of Earth Sciences mandated to Institute ,India’s sole scientifically drilling programme.
Under BGRL the aim is to drill earth crust to a depth of 6 km , and conduct studeis to help understanding reservoir triggered eartjquaek in the Koyna Warna region of Maharashtra .
Reservoir triggered earthquakes are of minor type and very hard to predict .
Locked in Conflict
Governors and CMs must step back from confrontation
The editorial is about a tussle between the government and the governor in Wear Bengal .
West Bengal governor C V Ananda Bose has asked for report from state government about action taken against police commissioner and Dy Police commissioner .
The governor is said to be aggrieved by the remarks made against him by the two police officials while giving statement on sexual harassment complaint against the governor by a Raj Bhavan employee .
Mr Bose enjoys immunity from proceedings under Article 361 .
The governor is authorised to take action according to article 167
Even the odd jobs
Gig workers need a comprehensive national law on their employee status
The editorial is about draft law by Karnataka government on gig workers .
The law that will be passed in the upcoming assembly session has provision to prevent arbitrary dismissal , provide human grievance redressal mechanism , and to provide more transperancy to the open tangled monitoring system .
A welfare board and fund will also be created to provide social security to these workers.
The fund will be contributed by state government and aggregator ,either through cut on every transaction or a percentage of aggregator’s income in state will be allocated to find .
Every gig worker has to register in government portal to get these benefits ..
Still the gig workers will not have “ employee “ status.
The editorial says that at national level , comprehensive legislation is needed not just to set minimum wages , reasonable working hours , condition of robust social security , but also to give them the status of ‘ employee ‘
