Railway Ministry has quashed media reports about issuance of unreserved tickets and informed that all trains are plying on reservations only. In a statement, the ministry clarified that there has been no change in policy to run all express trains including festival specials and clone specials as fully reserved train only.
The ministry said, the permission given to Zonal Railways to issue unreserved tickets is meant only for suburban and limited number of local passenger trains operating in few zones. It said, running of trains, norms of travel and reservations are constantly evolving under Covid times. Further changes, as and when they happen, will be informed to all concerned accordingly, the ministry said.
Currently, Railways is operating 736 special trains.
A delegation of farmers from Uttarakhand met Union Agriculture Minister Narendra Singh Tomar in New Delhi yesterday and extended their support to the newly enacted three farm laws. Mr Tomar thanked the farmers for supporting the laws. Talking to media persons, Agriculture Minister said, farmers have understood the laws, expressed their views, and supported it.
Minister of State for Agriculture and Farmers’ Welfare Kailash Choudhary and Uttarakhand Education Minister Arvind Pandey were also present at the meeting.
This was the third group of farmers that met Mr Tomar and extended support to the farm laws. Earlier, two delegation of farmers from Haryana met Mr Tomar and extended their support to the new farm laws. The delegation, led by Bharatiya Kisan Union (Mann) Haryana state leader Guni Prakash submitted a letter of support to Mr Tomar on the farm laws and demanded the government to continue with these legislations. They also threatened to start protest if new farm laws are repealed. Mr Guni Prakash said that the ongoing farmers’ agitation is no longer a peasant movement.
Agriculture Minister Narendra Singh Tomar has said that the government is taking every step to ensure holistic development of farmers and enrichment of the agriculture sector in the country. He said, farmers in the country have started benefitting from the reforms brought by the Centre. Mr Tomar said, extending the benefits of the IT sector to the farmers, the government is utilizing modern tools of communication for dissemination of useful information.
On creation of a data bank of farmers in the country, the Agriculture Minister said its resources will be utilized to inform farmers about soil health, send forewarning of floods and even maintenance of land records of agricultural fields. Mr Tomar said, the government aims at making agriculture profitable with assured returns for the farmers.
Speaking at the inaugural session of the 10th Knowledge Exchange Summit, the Agriculture Minister said, a promising agri sector in the country will be able to attract people from the new generation towards it. He said, under the Atmanirbhar Bharat Abhiyan, an amount of one lakh crore rupees is being utilized to create agri oriented infrastructure in the country.
Mr Tomar said, the government has also planned investment of 10 thousand crore rupees for development of food processing units. He said, an amount of 6 thousand 850 crore rupees is being spent towards creation of 10 thousand Farmer Produce Organisations (FPOs). Mr Tomar also informed that the government has paid a sum of 87 thousand crore rupees to the farmers towards settlement of claims under the Pradhan Mantri Fasal Bima Yojana.
Centre has exempted Handicraft and Geographical Indications toys from Quality Control Order. Department for Promotion of Industry and Internal Trade mentioned this exemption in Toys (Quality Control) Second Amendment Order, 2020.
Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry has devised a comprehensive action plan to boost production and sale of indigenous toys across the country.
Quality control order was issued by the Department for standardization and quality adherence of Toys and the order will come into effect from 1st January next year. This order aims to bring forward the synergized efforts of the centre, states and the stakeholders to promote ‘Team up for toys’ vision keeping quality standards of the indigenous toys as the priority.
Government has said that about 40 lakh 53 thousand paddy farmers have benefited during the ongoing Kharif Marketing Season with Minimum Support Price (MSP) value of more than 70 thousand crore rupees.
The Agriculture Ministry said, government continues to procure Kharif crops at its Minimum Support Price from farmers as per its existing MSP Schemes. It said, the procurement is continuing smoothly in Punjab, Haryana, Uttar Pradesh, Telangana, Uttarakhand, Tamil Nadu, Chandigarh, Jammu and Kashmir, Kerala, Gujarat, Andhra Pradesh, Odisha Madhya Pradesh, Maharashtra and Bihar. Out of the total purchase of 372 lakh tonnes, more than 202 lakh tonnes has been purchased from Punjab, which is around 54.45 per cent of total procurement in the country.
The country’s COVID-19 recovery rate has reached around 94.89 per cent. During the last 24 hours, 33 thousand 494 COVID patients have recovered. The Health Ministry said, total number of recoveries has gone up to over 93 lakh 24 thousand. The actual caseload currently comprises only 3.66 per cent of the total positive cases. Presently, the total number of active cases in the country is 3 lakh 59 thousand 819.
In the last 24 hours, over 30 thousand new cases were reported taking the total number of positive cases in the country to over 98 lakh 26 thousand.
The Ministry said that effective implementation of the strategic and graded Test, Track and Treat approach has led to higher recoveries and lower fatality. Currently, India’s Case Fatality Rate is 1.45 per cent, which is one of the lowest globally. During the last 24 hours, 442 deaths were reported taking the Covid related death toll to one lakh 42 thousand 628.
According to Indian Council of Medical Research, more than 10 lakh 65 thousand tests were conducted during the last 24 hours. The total number of samples tested so far has reached over 15 crore 26 lakh.
Union Minister Piyush Goyal has said that new farm laws will bring more investment in rural India and raise farmers’ income. Addressing FICCI’s Annual Convention, he said, these laws will open up new opportunities to do trade, commerce & business for the farmers without changing the past systems.
Mr Goyal urged all business leaders and intellectuals associated with FICCI to talk about the benefits of the farm laws, as these laws are for the benefit of all farmers across the country.
Describing Startups as the backbone of new India, Mr Goyal said that Startups & the ecosystem of Startups are encouraging innovation and promoting & strengthening new & young entrepreneurs. He urged the Indian industry to support the startups, by providing them financial support, handholding, opportunities and mentorship so that they can grow, without resorting to dilution of their stakes to foreign companies at very low valuations at the initial stage itself.
He said, Indian brands should demonstrate to the world that it is of superior quality. Mr Goyal said that scale of manufacturing, coupled with quality & productivity, can truly make India competitive in several sectors & help move towards an Aatmanirbhar Bharat which is going to be an important building block of New India.
He said, the government will identify areas where we have competitive & comparative advantages, where we can become global players & contribute to global trade in a bigger way.
A delegation of farmers from Haryana met Agriculture Minister Narendra Singh Tomar in New Delhi and extended their support to the new farm laws.
The delegation, led by Bharatiya Kisan Union (Mann) Haryana state leader Guni Prakash submitted a letter of support to Mr Tomar on the farm laws and demanded the government to continue with these legislations.
They also threatened to start a protest if new farm laws are repealed. Mr Guni Prakash said that the ongoing farmers’ agitation is no longer a peasant movement. The BKU leader sought to know why the previous government did not implement the recommendations of the Swaminathan Commission till 2014. This was the second group of farmers from Haryana that met Mr Tomar and extended support to the farm laws. The first group had met the minister on December 7.
Talking to reporters after the meeting, the Agriculture Minister said, the farmer leaders submitted a memorandum supporting the three farm laws. Mr Tomar said they also shared their experience on how these laws are benefiting farmers.
UN secretary general Antonio Guterres has called on all countries to declare a climate emergency to spur action to avoid catastrophic global warming.
He was speaking at a virtual summit on the fifth anniversary of the Paris climate agreement.
Mr Guterres criticised G20 member countries for spending 50 percent more of their pandemic recovery cash on fossil fuels compared to low-carbon energy.
The UN secretary general said that 38 countries have already declared a climate emergency and he called on leaders worldwide to now do the same. More than 70 world leaders are participating in the virtual summit organised by the UN, UK and France.
Prime Minister Narendra Modi said that India has not only achieved it’s target against climate change as per the Paris Agreement 2015 but has also gone beyond it.
Speaking at the Climate Ambition Summit 2020, co-hosted by the United Nations, the United Kingdom and France, Prime Minister asserted that review of achievements should be done against the set targets in order to inspire the youths and forthcoming generations. Mr. Modi said, India has increased it’s solar capacity from 2.63 Gigawatt in 2014 to around 36 Gigawatt in 2020.
Referring to the two remarkable initiatives of International Solar Alliance and Coalition for Disaster Resilient Infrastructure, Prime Minister said that the centennial India in 2047 will not only meet it’s own targets but will also exceed the expectations.
The Prime Minister said that India has exceeded in expanding it’s forest cover and also safeguarding it’s biodiversity. The virtual summit witnessed world leaders coming together to make new commitments to tackle climate change and deliver on the Paris Agreement. The Climate Ambition Summit 2020 marks the fifth anniversary of the Paris Agreement which was adopted on 12th December 2015.
We all keep hearing the old adages like “Where woman is worshipped, God resides there” and “When you educate a man you educate an individual but when you educate a woman you educate the entire family” so on. But in actual practice we see the stark truth as to how woman has to face discrimination even before she is born. Many parents resort to prenatal sex determination and prefer to abort child if the child is a female. How on earth can this be justified?
How can it be lightly dismissed that none other than the Punjab and Haryana High Court in Hassan Mohd vs State of Haryana in CRM-M-34797 of 2020 delivered on October 30, 2020 has expressed its serious concern and fulminating anger over the reprehensible and retrograde practice of prenatal sex determination? It minced no words to say unequivocally that, “Considering the disdainful attitude of the society to a female child and use of diagnostic equipment for female foeticide Act was enacted to curb the pre-natal sex determination. Despite the specific legislation the menace of sex-based destruction of foetus continues to plague the society.” How can this be just glossed over?
To start with, the ball is set rolling by Justice Avneesh Jhingan of the Punjab and Haryana High Court in the opening para by first and foremost observing that, “The matter is taken up for hearing through video conference due to COVID-19 situation.” It is then observed in the next para that, “The petition is filed seeking anticipatory bail in FIR No. 226 dated 29.9.2020, under Sections 353, 186, 420 IPC and Sections 4, 5, 6, 23 and 29 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (for short, \’the Act\’).”
While elaborating on the facts of the case, it is then envisaged that, “The facts in brief are that the police received a secret information about the illegal activities being carried out under the Act. A team of doctors was associated for raiding the location. A decoy customer was deployed to get an ultra sound done, for determining sex of foetus. Payment was made through marked currency notes. The petitioner dramatised conducting of ultra sound of decoy customer and played a prerecorded video on the LCD to show that ultra sound was being conducted. In the raid, LCD and the equipment for playing videos along with marked currency notes were seized.”
On the one hand, it is pointed out that, “Learned counsel for the petitioner submits that there was not even a single complaint by any one. Moreover as no ultra sound machine was recovered from the premises, the provisions of the Act will not apply.”
On the other hand, it is then pointed out that, “Learned counsel for the State opposes the grant of anticipatory bail and submits that custodial interrogation is necessary as number of people have been defrauded. He further submits that the allegations are serious, there is recovery of marked currency and the equipment being projected to the customers as ultra sound machine.”
Most significantly, what forms the cornerstone of this latest, landmark and laudable judgment is then stated without mincing any words as “Determination of sex of the foetus is a malaise which is affecting the society day in and day out. The desire to have a male child is an open secret. It has affected the gender ratio of the society. Considering disdainful attitude of the society to female child and use of diagnostic equipment for female foeticide Act was enacted to curb the pre-natal sex determination. Despite the specific legislation the menace of sex based destruction of foetus continues to plague the society. It is classic case of misuse of gift of development of technology. The Constitution guarantees equality to genders but pre natal sex determination deprives a female foetus to come to this world. In a civilized society, the sex of foetus cannot be a determining factor for having lease of life to see this world, if permitted the consequences would be devastating, the civilization itself would be endangered. To put in other words termination of female foeticide is destruction of woman of future. There cannot be a dispute on the fact that female has multi-facet role in society.”
No less significant is what is then stated that, “The Supreme Court in Voluntary Health Association of Punjab v. Union of India and others, 2016 (10) JT 570 held: “Before parting with the case, let it be stated with certitude and without allowing any room for any kind of equivocation or ambiguity, the perception of any individual or group or organization or system treating a woman with inequity, indignity, inequality or any kind of discrimination is constitutionally impermissible. The historical perception has to be given a prompt burial. Female foeticide is conceived by the society that definitely includes the parents because of unethical perception of life and nonchalant attitude towards law. The society that treats man and woman with equal dignity shows the reflections of a progressive and civilized society. To think that a woman should think what a man or a society wants her to think is tantamounts to slaughtering her choice, and definitely a humiliating act. When freedom of free choice is allowed within constitutional and statutory parameters, others cannot determine the norms as that would amount to acting in derogation of law. Decrease in the sex ratio is a sign of colossal calamity and it cannot be allowed to happen. Concrete steps have to be taken to increase the same so that invited social disasters do not befall on the society. The present generation is expected to be responsible to the posterity and not to take such steps to sterilize the birth rate in violation of law. The societal perception has to be metamorphosed having respect to legal postulates.”
While pooh-poohing the petitioner’s contention, it is then held that, “The contention of the petitioner that there was no complaint against him holds no water. The person who is in active participation against an enactment, in other words is a party to the illegal act, is not expected to come forward to make a police complaint. The persons who were being fleeced probably would not be aware that in the name of determination of sex they were shown pre-recorded video.”
Moving on, it is then also made clear that, “The next contention of learned counsel for the petitioner that the provisions of the Act will not apply as no ultra sound was conducted does not enhance the case of the petitioner. The fact remains that the assurance given and the picture projected was that her ultra sound is being carried out. Even of decoy customer, the ultra sound gel was applied, the probe was put on her abdomen and thereafter video recording was played on the LCD.”
To say the least, it is then observed that, “In the present case, albeit the petitioner was not conducting an ultra sound yet he had to give result of sex determination as he was charging for the same, his conduct would determine the fate of the foetus.”
Be it noted, it is then disclosed that, “At this stage, it would be relevant to quote Section 5 and 6 of the Act:
5. Written consent of pregnant woman and prohibition of communicating the sex of foetus.
(1) No person referred to in clause (2) of section 3 shall conduct the pre-natal diagnostic procedures unless-
(a) he has explained all known side and after effects of such procedures to the pregnant woman concerned;
(b) he has obtained in the prescribed form her written consent to undergo such procedures in the language which she understands; and
(c) a copy of her written consent obtained under clause (b) is given to the pregnant woman.
(2) No person including the person conducting pre-natal diagnostic procedures shall communicate to the pregnant woman concerned or her relatives or any other person the sex of the foetus by words, signs, or in any other manner.
6. Determination of sex prohibited. -On and from the commencement of this Act,–
(a) no Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic shall conduct or cause to be conducted in its Centre, Laboratory or Clinic, pre-natal diagnostic techniques including ultrasonography, for the purpose of determining the sex of a foetus;
(b) no person shall conduct or cause to be conducted any prenatal diagnostic techniques including ultrasonography for the purpose of determining the sex of a foetus;
(c) no person shall, by whatever means, cause or allow to be caused selection of sex before or after conception.”
Moving on, it is then observed that, “As per Section 5 (1), no pre-natal diagnostic procedure shall be carried without explaining the side effects to pregnant lady and without obtaining her consent. Section 5 (2) states that the sex of the foetus shall not be communicated to the pregnant woman or her relatives or any other person by words, signs or in any other manner. Section 6 prohibits various centres to use the diagnostic techniques for determining the sex of the foetus.”
Finally, it is then held that, “At the stage of grant of anticipatory bail, a prima facie case is to be seen and the matter is not to be decided finally. Considering the nature of allegations and the evidence collected, no case is made out for grant of anticipatory bail. The petition is dismissed.”
For the sake of clarification, it is then stated that, “It is clarified that observations made hereinabove are only for deciding the anticipatory bail.”
To conclude, the sum and substance of this latest, landmark and laudable judgment is that the termination of female foeticide is destruction of woman of future. At the cost of repetition, it must be again said that, “Determination of sex of the foetus is a malaise which is affecting the society day in and day out. The desire to have a male child is an open secret. It has affected the gender ratio of the society. Considering disdainful attitude of the society to female child and use of diagnostic equipment for female foeticide Act was enacted to curb the pre-natal sex determination. Despite the specific legislation the menace of sex based destruction of foetus continues to plague the society. It is classic case of misuse of gift of development of technology. The Constitution guarantees equality to genders but pre natal sex determination deprives a female foetus to come to this world. In a civilized society, the sex of foetus cannot be a determining factor for having lease of life to see this world, if permitted the consequences would be devastating, the civilization itself would be endangered. To put in other words termination of female foeticide is destruction of woman of future. There cannot be a dispute on the fact that female has multi-facet role in society.” Why then should female foeticide be tolerated? Why should there not be the most strictest punishment for female foeticide? Why can’t the laws be amended to ensure the same? What is needed is just a strong political will. But just enacting strict laws alone is not enough. Implementing them with alacrity and without any discrimination will ensure that it serves the purpose for which it is enacted! There can be no denying it!
If you are about to start college and need some help in your new journey, then you have landed in the right place. This article would tell you all about the eight best online tools that every college student should use to make their life easy. There are thousands of online educational tools available online, but we have shortlisted the most reliable and workable ones for you.
If you want to make your college life easy and free of all kinds of rejections in terms of assignments and research papers, you should read about the tools mentioned below. Know that we have shortlisted these tools by keeping in mind their cost and their user-friendliness, which are the two main factors for students!
University Visitors network
This is an app cum online tool that comes for free. Students can keep it on their mobile phones without any trouble. You must know that this online application is specifically designed so that students can keep in communication between their teachers and parents. The tool also provides complete information about the campus on which you are studying to your parents. This is an extremely helpful app/tool as far as visitors are concerned. Information about students and their achievements are also added to this tool regularly.
Prezi
This is an online platform that is perfect for college students. When in college, you have to prepare assignments and presentations regularly. Presenting a topic in the class can be fun and more professional if you use Prezi. This online presentation tool is very famous as it can help you get images and video content directly from Google. Presenting your topic with this tool is just like following a path, and one can easily engage the audience with this tool.
Evernote
The Evernote tool is another online program that can help you organize your day-to-day work related to your class and assignments. With this tool, one can make short notes in a remarkably interesting way. You can add text in this tool, but you can also help yourself in adding audio, video, and image content. If you want to collaborate with your mates to make an assignment, this is the right tool for you.
Grammarly
Grammarly is the perfect tool for college students. This is a writing tool that can help you create the best quality content. If you are preparing an essay, assignment, or even a research paper, you can help from this tool. You have to enter the content you have prepared in Grammarly, and it would scan it for all kinds of mistakes and errors. Grammarly does not only scans your work for mistakes, but it also provides substitute solutions for the errors.
Plagiarismdetector.net
This online plagiarism checker is perfect for students for checking duplication in their assignment work. The reason that this copyright checker is best for students is that it is not only reliable but is also free to use. You can use this plagiarism tool on any device and operating system as it is compatible with all of them. You need to enter your assignments in this free plagiarism checker, and it would tell you if there is any duplication found. You can not only find but also get rid of duplication with this plagiarism detector!
Trello
Trello is a management application cum tool that is also an important partner for students and teachers. This tool would help students manage their work and assignments in the specified time. This tool is best for students who are weak in managing their time and are always late submitting work. Trello can also build a proper and formal communication channel with teachers. A teacher can share work online with all the class using Trello.
Image finder by duplichecker
The image finder online tool is another free tool that should be used by students. One should know that adding images to your work or assignments can make them more presentable and attractive. The image finder tool can help you find the most relevant images for your content, and that too for free. This is a very friendly tool.
Quizlet
This online tool combines different sources, including note-taking, calendars, file uploading options, calculators, and even to-do-lists. This is a great tool for the pupil who wants to get all the important services in one place. You can also use the tool as a dictionary and as a translator to convert content to another language. It is available online for free, and you can also get its application version from the virtual stores for free. This tool can also be used to create and solve quizzes!
These online tools are very important for students of the modern age, and you must have them on your phone or in your bookmarks!
In a latest, landmark and laudable judgment titled PJ Joseph vs. Election Commission of India and 7 others in WP(C). No. 18556 and 18638 of 2020 delivered just recently on November 20, 2020, the Kerala High Court has upheld the order of the Election Commission of India (ECI) to allot the party symbol ‘two-leaves’ to Rajya Sabha MP Jose K Mani-led faction of the Kerala Congress (Mani) party. A single Bench of Justice N Nagaresh dismissed the writ petition filed by PJ Joseph MLA who is the leader of the rival section of KC(M), challenging the ECI order. The High Court dismissed the legal argument raised by the lawyers of PJ Joseph that the Election Commission had no power to determine the disputes over election symbol.
To start with, the ball is set rolling in para 1 of this learned judgment wherein it is put forth that, “Two writ petitions have been filed, one by Working Chairman of a recognised State Political Party, Kerala Congress (Mani) and the other by a Member of the said party, aggrieved by Ext.P1 order dated 30.08.2020 in Dispute Case No.2 of 2019 of the 1st respondent-Election Commission of India. In Ext.P1, by a majority of 2:1, the Election Commission of India held that the group of the said Party led by the 2nd respondent, is the Kerala Congress (Mani) and is entitled to use its name and its reserved symbol “Two Leaves” for the purpose of the Election Symbols (Reservation and Allotment) Order, 1968.”
While narrating the brief background, it is then laid down in para 2 that, “Respondents 2 to 5 filed a petition before the 1st respondent-Election Commission invoking Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968 (hereinafter referred to as ‘the Symbols Order’, for short) claiming that two rival factions were existing in Kerala Congress (Mani) (hereinafter referred to as ‘the KC(M)’, for short) and seeking to declare that the faction led by the 2nd respondent be declared as the KC(M), entitled to use the name “Kerala Congress (Mani)” and entitled to use its name and symbol “Two Leaves” for the purposes of Symbols Order.”
Going forward, it is then divulged in para 3 that, “The Election Commission noted that the last organisational Election of of KC(M) was held on 20.04.2018 and results intimated to the Commission by letter dated 30.04.2018. As per the said letter, 351 State Committee Members (out of a total 450 Members) who were present, elected Sri. K.M. Mani as Chairman, the petitioner in W.P.(C) No.18556/2020 as Working Chairman and the 2nd respondent as Vice Chairman. Apart from five office bearers, the State Committee also elected 99 members to State Steering Committee. The State Steering Committee further elected 29 Members to the High Power Committee. However, the list of 450 Members of the State Committee was not provided to the Election Commission.”
Furthermore, para 4 then brings out that, “Sri. K.M. Mani, Chairman of KC(M) passed away on 09.04.2019. Article XXIX of the Constitution of KC(M) provided that in the absence of the Chairman, all functions and powers of the Chairman will vest in the Working Chairman. On 30.05.2019, the petitioner in W.P.(C) No.18556/2020 (hereinafter referred to as ‘the petitioner’. The ‘petitioner in W.P.(C) No.18638/2020’ will be referred to as such) sent a letter to the Commission stating that on the demise of the Party Chairman, he has assumed charge as ‘Acting Chairman’ and that election to the vacancies of Party Chairman and leader of Legislative Party would be held as per law in due course.”
In addition, it is then made known in para 5 that, “The 2nd respondent submitted before the Tribunal that by representation dated 29.05.2019 signed by himself and 1/4th members of the State Committee, the petitioner was asked to convene State Committee meeting to elect Chairman, but the petitioner did not take any action on the representation. Thereupon, a Member of the High Power Committee called for a State Committee meeting on 16.04.2019(sic). The meeting attended by 314 Members unanimously elected the 2 nd respondent as Chairman, which election was communicated to the Election Commission. On 19.06.2019, the Commission received communication from two members of the KC(M) stating that election of the 2nd respondent a Chairman has been stayed in OS No.166/2019 of Munsiff’s Court, Thodupuzha as per order dated 17.06.2019 of the Court. The 2 nd respondent, however, informed the Election Commission that order dated 17.06.2019 is only an ex-parte interim order of temporary injunction.”
What’s more, para 6 then states that, “On 28.08.2019, the Election Commission announced by-poll for 93 – Pala Assembly Constituency to fill the vacancy caused by the death of Sri. K.M. Mani. The petitioner, according to the Election Commission, informed that the party would not contest the by-election. The 2nd respondent, however, stated that a Sub Committee formed by the Steering Committee of the Party decided to field Sri. Jose Tom Pullikkunnel, in the election. The Returning Officer rejected his nomination paper as candidate of KC(M), on the ground that Form-A and Form-B of nomination paper did not contain signature of the Chief Executive Officer of the Party. The candidate thereupon contested as independent candidate and eventually lost the election. The 2nd respondent thereupon approached the Election Commission stating that rival factions had emerged in KC(M) and the faction led by him should be declared as KC(M).”
Not stopping here, it is then brought out in para 7 that, “The Commission considered the written submission of the parties and instructed the Director (Law) to verify the authenticity of the separate lists of State Committee Members submitted by both sides and make a report on his findings. The Director (Law) submitted his Report dated 05.02.2020, with the following important findings:-
“(i) That there is a discrepancy in relation to the authority who finalized the State Committee list of KC(M) after the 2018 organizational elections. The State Committee List submitted by the Petitioner was issued and signed by the State Returning Officer of the Party. On the contrary, the list submitted by the Respondents was signed by the State Election Committee of the Party. It is pertinent to note that the Party Constitution does not provide for the authority responsible for finalizing the list of Party State Committee members.
(ii) That after taking into account the allegations made by both the Parties against each other’s list, it was noted that possibility of forgery and manipulation by both the parties regarding their respective lists could not be ruled out.
(iii) That both the lists had 305 names in common. It is proposed that the Commission may consider only these undisputed members of the State Committee for the purpose of deciding the dispute under Paragraph 15 of the Symbols Order.
(iv) That the Commission may ask both the Parties to submit affidavits of their supporters from the State Committee (Organizational Wing) and the Legislative Wing of the Party.””
To put things in perspective, it is then pointed out in para 50 that, “The further contention of the petitioners is that under the Symbols Order, in view of the fact that registration of political parties now falls under Part IV-A of the Representation of the People Act, 1951, the Election Commission is exercising only a peripheral jurisdiction. In view of the judgments of the Apex Court in Jai Mahal Hotels Pvt. Ltd. v. Rajkumar Devraj and others [(2016) 1 SCC 423] and in Ammonia Supplies Corporation (P) Ltd. v. Modern Plastic Containers Pvt. Ltd. [(1998) 7 SCC 105], if for reasons of complexity or otherwise the matter could be more conveniently decided in a Suit, the Election Tribunal ought to relegate the parties to such remedy. The argument is not acceptable for two reasons. Firstly, even according to the petitioners, a decision taken by the Election Commission in exercise of its powers under Article 324 and Paragraph 15 of the Symbols Order is not tentative, but final. When a Constitutional functionary exercises powers and passes orders which are final in nature, subject only to judicial review under Constitutional provisions, it cannot be said that such Constitutional functionary’s jurisdiction is peripheral. Secondly, the Hon’ble Apex Court has in All Party Hill Leaders’ Conference, Shillong (supra) has held that the decision with regard to the reserved symbol is within the special jurisdiction of the Election Commission and it is not permissible for the ordinary hierarchy of courts to entertain such a dispute. In such circumstances, it cannot be held that the adjudicatory powers exercised by the Election Commission are peripheral in nature.”
As it turned out, it is then pointed out in para 51 that, “Yet another ground urged by the petitioners is that the Election Commission can invoke Paragraph 15 only when the Commission has sufficient information in its possession that there are rival sections or groups of a recognised political party each of whom claims to be that party. The argument is that the 2nd respondent has raised a dispute only as to who is the Chairman of the KC(M) and that by itself is not sufficient to hold that there are rival groups/factions in KC(M).”
Needless to say, it is then observed in para 52 that, “The Election Commission, in fact, did not consider the dispute as to the Election of Chairman held on 16.06.2019. The Election Commission noted the following facts:-
(1) Both groups held separate Steering Committee Meetings in relation to by-election in Pala Assembly Constituency and took divergent decisions in fielding a candidate.
(2) Four out of the seven elected legislators had signed the petition dated 18.10.2019 stating that rival factions exist, which is an indicator of split in the legislative wing.
(3) Both parties claimed majority support in the State Committee and submitted affidavits in support of them. Both parties failed to submit original list of the State Committee Members.”
Truth be told, it is then pointed out in para 53 that, “It was on the basis of the aforesaid undisputed facts that the Election Commission came to the conclusion that there are two factions/groups in the KC(M). The conclusions arrived at by the Election Commission were based on materials available before the Commission. The conclusions of the Commission cannot be said to be perverse and it cannot be said that no reasonable person can arrive at such conclusions. This Court cannot, in exercise of the jurisdiction under Article 226 of the Constitution of India, interfere with the said finding of fact.”
It would be pertinent to mention here that it is then observed in para 55 that, “It may be noted that in Ext.P14 Order in IA No.295/2019 in OS No.53/2019, the Munsiff’s Court, Idukki also also doubted the authenticity of list and observed that the custodian of the list has not produced the list of State Committee Members before the Court. As both the lists produced by the rival factions were unreliable, the Election Commission proceeded to decide the numerical strength based on majority of members admitted by both sides. Such action of the Commission cannot be found fault with, in the circumstances of the case. It is further to be noted that the Commission based on its decision, not only considering the support of undisputed State Committee members, but also on the numerical strength of legislative party members of the party. Therefore, the Election Commission was justified in adopting a course available to it, in the facts and circumstances of the case.”
To say the least, the key point of para 56 is that, “This Court is also not inclined to accept the argument that the petition of the 2nd respondent claiming Party Symbol is a class action and all members of the KC(M) ought to have been put to notice. The KC(M) being a State Party, the Election Commission treated the State Committee of KC(M) as the representative organisational wing and proceeded to determine comparative strength of both factions in the said Committee. Respondents 6 and 7 therefore cannot be heard to contend that petitions before the Commission is a class action and all members of KC(M) ought to have been put to notice. In view of the findings as stated above, this Court finds no reason to interfere with the impugned order of the 1st respondent-Election Commission of India. The writ petitions therefore stand dismissed.”
No doubt, the Kerala High Court has very rightly concluded after careful analysis in this noteworthy case that the Election Commission has the power to decide the disputes over symbols in case of party split. It has certainly ascribed right reasons also for doing so which we have already discussed above in detail. It is thus now quite ostensible that the Election Commission certainly has the requisite power to determine the disputes over election symbol. Very rightly so!
In a fresh, fine and favourable judgment, the Kerala High Court just recently on November 13, 2020 in Philip Mathew vs. State of Kerala [Crl. MC. No. 7758 of 2016] has quashed a defamation complaint registered against the Chief Editor, Managing Editor and Publisher of Malayala Manorama Daily. It is most gratifying, most refreshing and most rejuvenating to learn that Justice P Somarajan of the Kerala High Court has categorically, convincingly and cogently observed that the press has the right to publish a news item with its necessary comments and views. Such right cannot be defeated unless malafides writ large on its face and not concerning with a matter of public interest or public good. This cannot be denied or disputed!
Truth be told, it also made it clear that the contemptuous nature of news item, if it is connected with imputation of truth, which requires publication for the public good will not attract the offence of defamation. Very rightly so! The complaint was against a news published in the daily about a Vigilance report against the complainant (R. Chandrasekaran) and three others.
To start with, the ball is set rolling in this latest, landmark and laudable judgment authored by Justice P Somarajan by first and foremost observing in para 1 that, “The Managing Editor, the Chief Editor and the Printer and Publisher of a daily newspaper came up to quash the proceedings initiated on the allegation of offence under Section 500 IPC through a private complaint on which cognizance was taken by the Magistrate and process was issued under Section 204 Cr.P.C. Annexure A is the copy of news item published.”
While elaborating further, it is then pointed out in para 2 that, “Annexure A news item was published based on a report submitted by the Vigilance to set the criminal law in motion against the defacto complainant and three others after conducting a preliminary enquiry and recommended registration of crime against them. Going by Annexure A news item, it is clear that what is reported is the true version of report submitted by the Vigilance against the defacto complainant and three others. It is true that they were referred as accused persons in the news item, even before registration of crime in connection with the allegations.”
Truth be told, it is then most significantly disclosed in para 3 that, “What is reported is the true version of an enquiry report submitted by the Vigilance Department against the defacto complainant and three others. It is the duty of the fourth estate to publish all news materials, especially having public importance and it is their further duty to comment on the news material with its pros and cons so as to enlighten the society to remain vigil on the matters of public importance. It would squarely come under the first exception attached to Section 499 IPC, when it is done with bonafides for the public interest. The fourth estate is not expected to shy away from the matters governing public importance, but it is their solemn duty to serve the society with the news item with its pros and cons so as to make the society more functional and vigil. The fourth estate being one of the rostrums to address and comment on each and every matters governing public interest/public importance in a democratic society, the news item published with necessary comments, though sometimes contemptuous, may not itself amount to a defamation as defined under Section 499 IPC, unless the same is lacking in good faith and not concerning with a matter of public interest or public good. The first proviso to Section 499 IPC has got a wide canvass in a democratic system and right to publish a news item with its necessary comments and views though sometimes contemptuous, cannot be defeated unless malafides writ large on its face and not concerning with a matter of public interest or public good. The contemptuous nature of news item, if it is connected with imputation of truth, which requires publication for the public good will not attract the offence and there shall not be any misunderstanding with respect to the requirement to attract Section 499 IPC with the first exception therein. The news item published hence will not attract the offence of defamation as defined under Section 499 IPC. It was submitted that subsequently a crime was registered against the defacto complainant and three others and a refer report was submitted subsequently.”
Finally, it is then held in the lat para 4 that, “The private complaint submitted is really intended to defeat the solemn function vested with the fourth estate and it will tell upon what is behind it. It is an abuse of the process of court, liable to be quashed. Hence the private complaint and the further proceedings are hereby quashed. Crl.M.C. is allowed.”
In essence, the cornerstone of this really cogent, commendable and convincing judgment is contained clearly, credibly and convincingly in para 3 which must be read maximum times. It certainly minces no words to make it amply clear as to what is the duty of the fourth estate. It also makes it further clear that the press has right to publish news item with its necessary comments and views.
No wonder, the Kerala High Court takes the right step in quashing the defamation case against Manorama Editors. There can certainly be no denying or disputing it! Freedom of press is most important and indispensable and its importance merits no reiteration.
It goes without saying that for any democracy to function smoothly and effectively, there has to be free press which is just not possible if journalists have to keep fighting defamation case or some other case in the courts all the time! Even Supreme Court has acknowledged this and has always advocated more freedom for press and journalists to function independently just as we saw recently in case of Arnab Goswami who is the Editor-in-Chief of Republic TV and who was set free recently after 8 days from Taloja prison in Navi Mumbai after Supreme Court’s intervention by a Bench of Justice Dr DY Chandrachud and Justice Indira Banerjee! So Kerala High Court has certainly acted wisely to ensure press freedom and this definitely must be applauded and admired in no uncertain terms!
Diwali which is one of the biggest festivals that India celebrates every year. This festival is called as Festival of Lights.It is that time of year where the climate of winter marks its presence & everyone are excited to have their best ethnic collections which makes the festival an enlighten one. There are many reasons why Diwali is celebrated but the main reason is that Lord Rama returned to Ayodhya after 14 years of exile with wife Sita & Brother Laxman. But this year it is something special because after 490 years Diya was lit where Ramlalla has been placed.
The people of Ayodhya celebrated this day by having a festival of Diya’s known as Deepotsav. It was celebrated in the august presence of Chief Minister Yogi Adityanath & Governor Anandiben Patel. They performed the puja of Lord Ram. Ayodhya celebrated its first Diwali post supreme court decision of constructing the temple at Ram Janmabhoomi Site. Leaving all Indians but for the people of Ayodhya it was a pride moment because all the sacrifices, problems & difficult time that they had faced for so many years has came to an end.
Deepotsav was celebrated by lightning the Diya’s which is the symbol of positivity, new opportunities. There were around 6,06,569 Diya’s which were light up on the banks of holy Sarayu River on Ram ki paidi ghats. It created Guiness World Record for the largest display of Oil Lamps. The city was looking an wedding bride with taste of colors making a night to remember for the people who visited. It added the flavor of laser show as well as a grand show of Darbar of Ram Lalla & Ramayana. This is nothing but different colors of Incredible India!
Deepotsav 2020
Deepotsav brought people together to enjoy the night with their family, friends who were not able to meet due to this pandemic of Covid-19. Yeh Diwali Dil Wali! Jai Shree Ram.
Eduindex 
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