Advocate fined Rs 500 for not wearing mask while driving alone; Moves Delhi HC seeking Rs 10 lakh as compensation
The Petitioner-Advocate has argued that there could be no fine for not wearing a mask in a personal, private vehicle while travelling alone as it is not a “public place”
The Petitioner, Advocate Saurabh Sharma, is an advocate with 20 years of practice.
As per the Petitioner, on September 9, while he was on his way to his office, he was stopped near Geeta Colony by Delhi Police officials.
One of the officials first took his photo while he was still sitting in his car and then asked him to alight, it is said.
“On inquiry, the Petitioner was informed that since he was travelling in his car without wearing a mask, he will be fined for a sum of Rs 500 under the offence of not wearing a mask in public place.”, the Petitioner has narrated.
Although the Petitioner “tried to impress” upon the offices that since he was travelling alone, he had not committed any offence, no heed was paid by the officials and a challan was issued.
The fine was thereafter paid by the Petitioner to the officials albeit under protest.
Arguing that the “unjust and illegal stopping” and “extortion” of fine caused “huge mental turmoil and harassment”, the Petitioner has not only sought the refund of the Rs 500 paid by him as fine but has also prayed for grant of compensation of Rs 10,00,000 from the Delhi Government.
In his petition before the Court, the Petitioner has submitted that there could be no challan for not wearing a mask in a personal, private vehicle while travelling alone as it is not a “public place”.
“..wearing a mask while sitting alone in the car is not a hazard to anyone’s health and safety but wearing it all the time even when a person is alone is certainly a health hazard for oneself.“, the petition reads.
It is added that there has been no Executive order directing people to wear a mask while travelling alone and thus, any such fine levied on the general public by authorities is liable to be quashed.
The petition was heard today by a Single Judge Bench of Justice Navin Chawla.
After hearing the counsel for the Petitioner, the Court sought the relevant document from the Respondent authorities.
The Petitioner was represented by Advocate KC Mittal with Advocate Yugensh Mittal. The petition was filed through Advocate Joby P Varghese.
The matter would be heard next on November 18.
Can’t allow you to say that Muslims are infiltrating civil services, SC directs Sudarshan TV to defer “UPSC Jihad” broadcast
The Supreme Court today directed Sudarshan TV to defer the broadcast of its programme touted as a ”big expose on the conspiracy” regarding Muslims “infiltrating government service”, until further orders.
The Bench of Justices DY Chandrachud, Indu Malhotra and KM Joseph took up the matter for hearing today after earlier refusing to impose a pre-broadcast ban on the controversial programme.
On the basis of what has been aired, we are of the view that it will be necessary to interdict any further telecast. Consequently, we direct that pending further orders of this Court, the fifth respondent shall stand injuncted from making any further telecast in continuation of or similar to the episodes which were telecast on 11, 12, 13 and 14 September, 2020 either under the same or any other title or caption.
Reads the order
The Court also called for the setting up of a committee of five citizens who can come up with standards for electronic media. It said,
“We don’t want any persons of politically divisive nature and we need members who are are of commendable stature.”
Appearing for the petitioners, Senior Advocate Anoop George Chaudhari informed the Court that there were only 292 Muslims in the services at present. He said,
“If you read the transcript you will see that they say Muslims are infiltrating the civil services. They say how Muslim OBCs are eating the share of other OBCs.The show has graphs they have used words like “ha***** gaddar” in the show. Very unfortunate words.”
At this point, Justice Chandrachud noted that the petition prays for guidelines on how media show report some issues. He made it clear,
“We are not saying states will impose any such guidelines as it would be an anathema to Article 19 (1)(a).”
Justice Joseph made an important observation that the ownership of media channels must be disclosed.
“We need to look at the ownership of the visual media. Entire shareholding pattern of the company must be on site for public. Revenue model of that company should also be put up to check if government is putting more ads in one and less in another.”
Justice KM Joseph
Justice Joseph also took note of the manner in which debates are conducted on news channels.
“…in debates, one needs to see the role of the anchor. How one listens when others speak…check in the TV debates the percentage of time taken by anchor to speak. They mute the speaker and ask questions.”
On the topic of the Sudarshan TV broadcast itself, Justice Chandrachud observed,
“The anchor’s grievance is that a particular group is gaining entry into civil services. How insidious is this? Such insidious charges also put a question mark on the UPSC exams. Aspersions have been cast on UPSC. Such allegations are without any factual basis, how can this be allowed? Can such programs be allowed in a free society?”
The Court went on to ask,
“Shouldn’t there be enforceable standards that the media profess itself to so that Article 19(1)(a) is upheld?”
In response, Solicitor General Tushar Mehta said,
“Freedom of the journalist is supreme. There are two aspects of the statements by Justice Joseph. It would be disastrous for any democracy to control the press.
Justice Joseph’s concerns have to be addressed by giving respect to journalistic freedom. There are large number of web portals whose ownership is different than what they show.”
Justice Joseph replied,
“When we talk about journalistic freedom, it is not absolute. He shares same freedom as other citizens. There is no separate freedom for journalists like in the US. We need journalists who are fair in their debates.”
Justice Chandrachud then said,
“Let the best within the nation suggest measures which we can help debate on our platform and then arrive at standards…now an anchor is targeting one particular community. To say we are a democracy we need to have certain standards in place.”
When Senior Advocate Shyam Divan, appearing for Sudarshan TV, sought some time to reply, Justice Chandrachud said,
“Your client is doing a disservice to the nation and is not accepting India is a melting point of diverse culture. Your client needs to exercise his freedom with caution.”
On resuming from the lunch break, Justice Chandrachud asked Advocate Nisha Bhambhani, appearing for the News Broadcasters Association,
“We need to ask you if you exist apart from the letter head. What do you do when a parallel criminal investigation goes on in the media and reputation is tarnished?”
SG Mehta then said,
“For example, (Advocate) Gautam Bhatia writes something to which I dont agree. I want to settle scores and I come out with a nasty piece to which he does not respond. Then how can your lordship regulate?”
Justice Chandrachud replied,
“But that cannot be compared to profit making entities. Intellectual blog on academic interests is very different than such organizations.”
Justice Joseph pointed out that Rule 6 of the Programme Code notes that cable TV programs cannot show anything that targets a particular religion or a community.
Later, Advocate Shadan Farasat, appearing for the petitioners, stated,
“This show has completely vilified the image of Muslims in civil services. They have beem called a terror. Hate speech is something where the right to respond is not possible. How does one respond to a statement that Muslims should not be in civil services?”
Divan then sought two weeks’ time to respond to the plea. However, he refused to concede to deferring the broadcast of the remaining episodes till then. When Chandrachud J asked Divan what the essence of the show was, he replied,
“They perceive it to be an investigative story and consider it a national security issue and in public interest. There is enormous amount of funding from abroad which is proving to be not friendly for India. They believe that it is their duty to inform the citizens about it.”
To this, Justice Joseph replied,
“By the time you finish two weeks, the show will be over. Government asked you not to violate the program code. What is the penalty?”
Counsel for the intervenors made their arguments, after which Farasat sought to share his screen to show the Bench clips of the programme titled ‘Bindaas Bol’.
After watching the clip, the Court directed Sudarshan TV to defer the broadcast of its remaining episodes till September 17, when the matter will be heard next.
Divan strongly protested against this, saying,
“There cannot be a pre-broadcast ban. We already have four broadcasts so we know the theme. If this is a prior restraint order, then I have to argue. There is a clear link on funds from abroad.”
Chandrachud J responded,
“We are concerned that when you say students who are part of Jamia Millia Islamia are part of a group to infiltrate civil services…we can’t tolerate.”
“As a Supreme Court of the nation we cannot allow you to say that Muslims are infiltrating civil services. You cannot say that the journalist has absolute freedom doing this.”
Justice DY Chandrachud
Divan sought to contend that nothing has changed between the Court’s previous order and today.
“There is no departure in facts and law since August 28. On September 9, Centre holds and directs me to the program code. If i violate it, then I will be held accountable. One frame here and one frame there cannot summarize the whole show.”
Chandrachud J then asked SG Mehta whether the Union Ministry for Information & Broadcasting had applied its mind while allowing the episodes released on September 11 and 14, after giving the green signal for the airing of the programme on September 9. Mehta said he would take instructions on this.
Advocate Gautam Bhatia went on to submit,
“Our main point in the IA is that there needs to be certain standard to judge hate speech. Here in this case, a community is being vilified. To that extent that they are not being able to respond. In this case, the pre-telecast restraint parameter is different.”
After hearing the parties, the Court noted in its order,
“Situation from pre-broadcast ban stage has changed. Petitioners submit that fake news have been shown in the program and screenshots from the program and transcripts have been shown to state that program states its a conspiracy to infiltrate civil service… It has been argued that program has become a focal point of hate speech in the country…
…it appears to the court that object of the program is to vilify the Muslim community and make it responsible for an insidious attempt to infiltrate the civil services. We are duty bound to ensure adherence to the Programme Code formed under Cable TV Act…
…edifice of a stable democratic society and observance of constitutional rights and duties is based on co-existence of communities. Any attempt to vilify a community must be viewed with disfavour. We are of the view that there is a change in circumstances…
…episodes broadcasted till now show nature and objective of the program. Pending further orders of the Court, Sudarshan News stands injuncted from making any more broadcasts on this subject on any other name too.”
The Court had earlier refused to impose a pre-broadcast ban on the controversial Sudarshan TV programme. It said that it has to be circumspect in imposing a prior restraint on publication or the airing of views.
The Court, however, issued notice to the Centre, the Press Council of India, the News Broadcasters Association, and Sudarshan News.
Advocate Firoz Iqbal Khan had moved the Court, submitting transcripts of the show to prove that the program set to be aired today would be derogatory to Muslims entering the profession of civil services.
The petitioner had submitted that the airing of views in the course of the programme would violate the Programme Code under the Cable Television Networks (Regulation) Act 1995, together with the Code of Ethics and News Broadcasting Standards Regulations.
A group of former civil servants too moved Supreme Court to intervene as applicants in the petition by Khan stating that the Supreme Court must lay down an authoritative pronouncement on hate speech.
The intervention application filed through Advocate Anas Tanwir states that the Court had expressed an intention to consider the balance between free speech and other constitutional values that were raised in the instant case, and that it was important for the Court to do so.
Elaborating on the freedom of speech and expression, the plea says that such a freedom “is not limited to what the ruling dispensation may find palatable or what public consensus may permit but includes the freedom to dissent, to question recieved wisdom and established social mores and to offend, shock or disturb“.
The promo of the show shared by the channel’s Editor-in-Chief Suresh Chavhanke, with hashtag ‘UPSC Jihad’, had garnered criticism from several quarters.
In the video, he called those passing out of Jamia Milia Islamia’s Residential Coaching Academy (RCA) and clearing the Union Public Service Commission (UPSC) as “Jamia ke Jihadi”.
Citing freedom of press, the Union Ministry of Information and Broadcasting gave the green signal to the show.
Soon thereafter, the Delhi High Court had issued notice in a petition challenging the Central government’s decision to allow the Sudarshan TV broadcast.
Delhi Police to Fine Those Driving Without a Mask, Even if They are Alone in Car
Vehicle owners in Delhi will now be penalised if they are caught not wearing a mask while driving their cars, even if the said driver is alone in the vehicle. This mandate comes as a part of updated rules which are being implemented by the Delhi Police in order to curb the spread of the Coronavirus. The rules have also been updated for two-wheeler owners as they will now be required to wear a mask under their helmet at all times while riding the vehicle, as per a report by Carandbike.
The report goes on to mention that this has been done keeping certain situations in mind where the drivers can be caught exposed without their mask, for example, if they need to roll down the windows and interact with someone or maybe ask for directions. Additionally, it has to be a proper mask which has to be worn and things like handkerchief wrapped around their face will not be counted as proper protection and could attract a fine.
In states like those in Maharashtra and in Uttar Pradesh, police have been booking thousands of car owners if they are often found to be flouting Covid-19 restrictions, despite the strict guidelines.
Kesavananda Bharati, Lead Petitioner In The Basic Structure Case, Passes Away
Kesavananda Bharati, the seer who was the lead petitioner in the case which resulted in the Supreme Court evolving the Basic Structure doctrine, passed away today morning, reported the Malayalam daily Mathrubhumi.
He passed away today morning in his ashram at Edaneer in Kasargod district of Kerala. He was aged 79 years.
Kesavananda Bharati filed the case challenging the land reform laws of Kerala, enacted with the aim of distributing land to the landless tillers. He also challenged the 29th Constitution Amendment which included the Kerala Land Reforms Act, 1963 in the ninth schedule of the Constitution, immunizing it from a challenge on the ground of violation of fundamental rights. The case ultimately led to the evolution of the ‘Basic Structure Doctrine’, after a marathon hearing of 68 days before a 13-judge bench. Legendary lawyer Nani Palkhivala appeared for Bharati.
Though the verdict did not result in individual relief to Bharati, it led to the formulation of an important constitutional doctrine limiting the
amending powers of Parliament. It was on April 24, 1973, that the Supreme Court delivered the verdict, with a thin majority of 7:6 out of the 13-judge
[Section 96 CPC] Strangers Cannot File Appeal Unless They Satisfy The Court That They Are ‘Aggrieved Persons’: SC
‘Without Valid Consent From Maharashtra Govt., CBI Has No Jurisdiction To Investigate Sushant Singh Rajput’s Death’: Mumbai Police Tells SC
The Mumbai police has filed its affidavit before the Supreme Court challenging the July 25 FIR, at the instance of Sushant Singh Rajput’s father against actor Rhea Chakraborty and 5 others for abetment to suicide, registered in Patna and subsequently transfered to the CBI.
The affidavit reads that pending the present proceedings, the CBI ought not to have gone ahead and registered the case with it or constituted a team for conducting the investigation. It ought to have awaited the final decision of the present proceedings at the hands of the Apex court, especially in view of this court order passed on August 5. The Centre informed the Supreme Court on Wednesday that it has accepted the Bihar Government’s recommendation for a CBI probe into the late actor Sushant Singh Rajput’s death case.
A bench of Justice Hrishikesh Roy refused to grant a stay in Chakraborty’s plea seeking transfer of an FIR filed against her from Patna to Mumbai and the stay on the investigation by the Bihar police. The bench granted 3 days to all parties to file reply and sought an update from State of Maharashtra on the Investigation done by Mumbai Police.
“Suffice it to say that, the indecent haste with which the CBI has proceeded in this regard speaks for itself, regarding the bona fides of all involved in this exercise”, the Mumbai Police contends.
Narrating the sequence of events, the affidavit avers that Rajput passed away on 14 June at his residence in Bandra, Mumbai. On a telephone call having been received, the Mumbai police visited the residence of the deceased and saw the body of the deceased lying on the bed. The sister of the deceased and four others were present at the said residence. The Mumbai police registered an accidental death report and commenced enquiry about the unnatural death of the deceased under section 174 of the CRPC. After the inquest was completed, the Mumbai police commenced the investigation under section 175 of the CRPC to ascertain the cause of death of the deceased.
“During the course of investigation, the Mumbai police have till date, recorded statements of 56 persons and are investigating into the facts and circumstances leading to the death of the deceased from each and every angle. The Mumbai police are investigating the incident fairly, professionally, properly and impartially”, it is pressed.
Asserting that in compliance with the August 5 order, the report regarding the status of investigation into the said ADR has been filed in a sealed cover in this court, which is “self-explanatory”, the Mumbai police has argued that the investigation is still continuing and hence, it is in the interests of justice that the details of the investigation are not shared with Chakraborty or any other persons except this court. “That the report has been filed in a sealed cover so that this court is able to satisfy itself about the fairness, impartiality as also the professionalism with which the said investigation is being conducted by the Mumbai police into the said ADR”, There cannot be two simultaneous enquiries, much less investigations, by two different agencies in respect of the same incident and as such simultaneous enquiry were to continue, it may result in conflicting results, apart from its adverse effects, it will ultimately end up in helping the suspect or accused, if any and if at all”, it is stated.
Injunction against Patanjali from using ‘Coronil’; Madras HC slaps Rs 10 lakh fine, says firm exploiting fear
In a big setback to Baba Ramdev’s Patanjali Ayurved, the Madras High Court on Thursday made absolute, the injunction earlier imposed on the company from using the trademark “Coronil” in relation to its products being marketed as immunity boosters amid the COVID-19 pandemic, legal news website BarandBench.com has reported.
Last month, an interim injunction was passed in favour of Chennai-based Arudra Engineering Private Limited, which had registered the trademark for ‘CORONIL-92 B’ as an acid inhibitor product for industrial cleaning and chemical preparations for industrial use in June 1993.
While dismissing pleas moved by Patanjali and the Divya Yog Mandir Trust to vacate this ex parte interim injunction order, Justice CV Karthikeyan has also slapped a Rs 10 lakh fine to be paid jointly by the two defendants.
“The defendants have invited this litigation on themselves. A simple check with the Trade Marks Registry would have revealed that ‘Coronil’ is a registered trademark. If they had, and had still, with audacity used the name ‘Coronil’, then they deserve no consideration at all. They cannot assume they can bulldoze their way and infringe a registered trademark. They must realise there is no equity in trade and commerce. If they had not done a check with the Registry, then they are at fault. They cannot plead ignorance and innocence and seek indulgence from this court. Either way, indulgence is refused,” Justice Karthikeyan remarked in his judgment passed on Thursday.
The court concluded that Patanjali and the Divya Yog Mandir Trust (defendants) have infringed Arudra’s (plaintiff) trademark rights on the following grounds:
- Arudra’s trademarks for “Coronil-92 B and Coronil-213 SPL” still subsists.
- The defendants have not established that their mark ‘Coronil Tablet’ is registered. Rather, the defendants have merely applied for registration and it is in the initial stages.
- Both the words ‘Coronil’ are the same and identical.
- There is a direct infringement on the unique name ‘Coronil’ by the defendants.
- The plaintiff has established a prima facie reputation in India among the heavy industries where chemical agents are used to treat and prevent corrosion. They have also established a reputation in industries overseas.
- The defendants have not shown due cause in naming their product as ‘Coronil’, since there is no direct material produced to show that it is a treatment for Coronavirus and even the reports in this connection, projecting such a cure have been adversely noted by the Ministry of Ayush, New Delhi.
- The usage of the word ‘Coronil’ by the defendants will be detrimental to the distinctive character of the mark of the plaintiff since there is no connection between the mark ‘Coronil’ used by the defendants and their projected statement that it is a cure for Coronavirus.
- There is a possibility that the general public might question whether the trademark ‘Coronil’ of the plaintiff would also not prevent corrosion by drawing the analogy of the ‘Coronil’ of the defendants, which does not cure Coronavirus.
The Court went on to remark,”… the defendants have repeatedly projected that they are Rs 10,000 crores company. However, they are still chasing further profits by exploiting the fear and panic among the general public by projecting a cure for the Coronavirus, when actually their ‘Coronil Tablet’ is not a cure but rather an immunity booster for cough, cold and fever.”
The court added that, “The defendants must realize that there are organisations which are helping the people in this critical period without seeking recognition and it would only be appropriate that they are made to pay costs to them.”
In view of these observations, the Judge proceeded to direct the defendants to pay Rs 5 lakhs each towards the Adyar Cancer Institute and the Government Yoga and Naturopathy Medical College and Hospital, Arumbakkam, where, “treatments are afforded free of cost without any claim to either trademark, trade name, patent or design, but only with service as a motto.”
N Ram, Arun Shourie, and Prashant Bhusan challenged Contempt of Court Act in Supreme Court
The Hindu Journalist N Ram, former Union Minister Arun Shourie, and advocate Prashant Bhusan has moved Supreme Court challenging the ‘constitutional validity’ of criminal contempt on grounds of ‘scandalizing the court’ under Section 2(c)(i) of the Contempt of Court Act.
The petitioners stated that this sub-section violates Article 19 (i) of the constitution and considered it a chilling effect on the freedom of speech and expression as guaranteed by the constitution.
“The impugned sub-section is unconstitutional as it is incompatible with values (of the Preamble) and basic features of the Constitution” and, further, that it is “unconstitutionally and incurably vague, and manifestly arbitrary,” contended the petition.
The petition further states, “by criminalising criticism of the court in sweeping and absolute terms, the impugned sub-section raises a prior restraint on speech on matters of public and political importance.”
The next date of hearing has been scheduled to be August 4.
Last month, contempt proceedings had been filed against Prashan Bhusan and Twitter India in context to the two tweets undermining the dignity of apex court and Chief Justice of India, SA Bobde.
Supreme Court advocate Mehek Maheshwari had filed the contempt case and tweeted, “The Contempt Petition against Adv Prashant Bhushan is filed my me as he made very inhuman remarks against our CJI Bobde of which Hon’ble Supreme Court took suo moto Cognizance.” The petitioner has also called it a cheap publicity stunt and an attempt to spread hatred in the form of anti-India campaign. The case against Twitter was filed as it has not removed the tweets from its platform.
As many as 131 personalities including former judges, authors, former government servants, and journalists have opposed the top court’s action and want the proceedings to be dropped against Prashant Bhusan. They have released a collective statement that says, “We cannot countenance a situation where citizens live in fear of the Court’s arbitrary power to punish for contempt for words of criticism on the conduct of judges, in or out of court”.
There is already an ongoing 11-year old contempt case against Prashant Bhusan over his comments to a news publication on former CJI.
High Court stays 4-year jail term of Jaya Jaitley in defence corruption case
NEW DELHI: The Delhi High Court Thursday stayed the 4-year jail term awarded to ex-Samata Party president Jaya Jaitley in a corruption case related to a purported defence deal, her lawyer said. Justice Suresh Kumar Kait also sought the CBI response on Jaitley’s appeal challenging her conviction and sentence, advocate Abhijat said.
Jaitley, represented through senior advocates Mukul Rohatgi and P P Malhotra, challenged the July 21 order of the trial court convicting her in the case.
Jaitley and two others were held guilty of corruption in a 2000-01 case related to a purported defence deal, the lawyer said. They were sentenced to 4-year imprisonment on Thursday by the trial court which has directed them to surrender by 5 pm.
The other convicts in the case are Jaitley’s former party colleague Gopal Pacherwal and Major General (rtd) S.P. Murgai.
Plea In SC To Remove ‘Socialist’ And ‘Secular’ Words From Indian Constitution’s Preamble
A plea has been filed before the Supreme Court seeking to remove from the constitution’s preamble the words “socialist” and “secular” which were added through 42nd constitutional amendment.
The PIL said that the amendment made in 1976 was “antithetical to the constitutional tenets as well as the historical and cultural theme of India.“
The move was “per se illegal for violating the concept of freedom of speech and expression enumerated in Article 19(1)(a) of the Constitution and the right to freedom of religion guaranteed under Article 25 of the Constitution”, it said.
It said the amendment was also against the historical and cultural theme of the “great republic of Bharat, the oldest civilization of the world, having clear concept of ‘Dharma’ different from the concept of religion”, and that the communist theory of State cannot be applied in Indian context which was not in tune with the religious sentiments and socio- economic conditions of India.
“Issue appropriate direction striking down the words ‘Socialist’ and ‘Secular’ inserted in the Preamble of the Constitution by section 2 (a) of the Forty Second Constitution Amendment Act, 1976,” the petition, filed by advocates Balram Singh and Karunesh Kumar Shukla and an individual Pravesh Kumar, said.
It sought a direction the Union of India to declare that the concept of ‘socialism’ and ‘secularism’ referred to the nature of the republic and was limited to the working of the sovereign function of the State and same is not applicable to the citizens, the political parties and the social organizations.
The petition filed through advocate Vishnu Shankar Jain, has also challenged the insertion of the words ‘secular’ and ‘socialist’ in section 29 A (5) of the Representation of People (RP) Act that makes it compulsory for the political parties, applying for registration before Election Commission of India, “to make specific provision in its memorandum or rules and regulations that the association or body shall bear true faith and allegiance to the Constitution of India as by law established and to the principles of ‘Socialism’ and ‘Secularism’ and democracy and would uphold the sovereignty and integrity of India.“
BSP files writ petition, challenges merger of six party MLAs with Congress in Rajasthan
Jaipur: The Bahujan Samaj Party on Wednesday filed a writ petition in the Rajasthan High Court challenging the merger of six BSP MLAs with the ruling Congress in Rajasthan. Sandeep Yadav, Wajib Ali, Deepchand Kheria, Lakhan Meena, Jogendra Awana and Rajendra Gudha contested and won the 2018 assembly elections on BSP tickets.
They all defected to the Congress in September 2019. BSP state president Bhagwan Singh Baba said, “We have today filed a writ petition in the high court against the merger of BSP MLAs with Congress”.
The merger of BSP MLAs with the ruling Congress was a boost to the Ashok Gehlot-led government as the tally of the Congress increased to 107 in the house of 200.
Supreme court’s big decision, the jail will not be on social media post, Section 66A revoked
The Supreme Court quashed a historic decision on Section 66A of the Information Technology Act, declaring it unconstitutional.
The court delivered the important verdict, saying that this section of the IT Act is in violation of Article 19 (1) A of the Constitution, which gives the “right to freedom of speech and expression” to every citizen of India. The court said, Section 66A is a violation of the fundamental right to freedom of expression.
After the court order, no one will be arrested for posting any post on social media mediums like Facebook, Twitter, Linked In, WhatsApp.
Earlier, under Section 66A, the police had the right to arrest anyone on the basis of what was written on the Internet. Section 66A of the IT Act was challenged in the petitions filed in the Supreme Court.
Describing the verdict as a major victory, petitioner Shreya Singhal said, the Supreme Court upheld the right to freedom of speech and expression of the people.
Cooperative Societies Are Bound by RTI Act, Says Bombay HC order
Notwithstanding the myriad opinions and interpretations of several court judgments on whether cooperative societies come under the Right to Information (RTI) Act, a recent landmark judgment of the Aurangabad Bench of the Bombay High Court reiterates that urban cooperative banks, cooperative financial institutions and other cooperative societies are bound by the Act.
- The urban cooperative banks, cooperative financial institutions, Patpedhis (credit cooperative societies) and other cooperative societies, which are registered under the Maharashtra Cooperative Societies Act 1960, are not public authorities within the meaning of Section 2(h) of the Right to Information Act.
- These institutions stand exempted from disclosure of information u/s 8)1 (d), (e) and (j) of the Right to Information Act
- That the court issue a writ, order or direction restraining the officers of the cooperative department from supplying any information to the members or general public which is, according to the said societies, confidential in nature.
- The court, pending the hearing and final decision of the writ petition, restrain the respondent from disclosing any information other than the balance sheet and profit and loss accounts of the cooperative societies, urban banks and Patpedhis to the general public under Right to Information Act.
- Cooperative institutions are bodies created by the statute. But right from the registration till the liquidation there is control over these institutions by the authority created under the same Act. The authority steps in to take decisions on the rights of the members. The authority has control over the manner in which funds are invested or over the distribution of the funds. Such institutions cannot act independently and the apex bodies are created for such institutions.
- Even Articles 38,39,43 and 48 of the Directive Principles of State Policy of the Constitution show that to some extent such institutions are discharging the duty of the State
- The provisions of the Maharashtra Cooperative Societies Act show that the authority under the Act can do the audit and inquire into irregularities. If loss is caused to the institution, by the directors, promoters etc., the authority can assess the damage, and the loss caused to the institution can be recovered from those persons. Under the Act, the authority can suspend the managing committee and remove its members. For all these and other purposes mentioned in the Cooperative Societies Act, the cooperative institution is bound to supply the record to the authority.
- The provisions of the Maharashtra Cooperative Societies Act, if read with the definition of information given in Section 2(f) of the Act, makes it clear that everything which is mentioned in the definition of information needs to be supplied by the cooperative institution to the authority created under the Cooperative Societies Act. The definition of ‘Public Authority’ given in Section 2(h) shows that such public authority can be created by any law made by the State Legislature. It is already observed that the officers like Registrar and his subordinate officers are appointed under the Cooperative Societies Act.
Walmart and Sam’s Club to require masks nationwide starting July 20 as COVID-19 cases rise
Walmart and Sam’s Club will start requiring masks at stores and clubs nationwide starting Monday, July 20, the company announced Wednesday.
“We know some people have differing opinions on this topic. We also recognize the role we can play to help protect the health and well-being of the communities we serve by following the evolving guidance of health officials like the CDC,” the retailers’ chief operating officers said in a blog post Wednesday.
The move comes two days after Walmart CEO Doug McMillon said a mask mandate in stores nationwide was “obviously something that’s on our minds.”
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More companies are making face coverings a requirement as viral videos of shoppers’ tirades and confrontations over being asked to wear them during the coronavirus pandemic erupt. The coronavirus causes the disease COVID-19.
On Wednesday, the National Retail Federation called on retailers to set nationwide mask policies and said “retailers of all sizes have been on the front lines serving customers and supporting their communities.”
“We hope today’s announcement by Walmart – the world’s largest retailer – that it will be enforcing a policy requiring customers to wear a mask to shop in their stores is a tipping point in this public health debate,” the retail federation said in a statement. “Workers serving customers should not have to make a critical decision as to whether they should risk exposure to infection or lose their jobs because a minority of people refuse to wear masks in order to help stop the spread of the deadly coronavirus.”
The Retail Industry Leaders Association, which represents Walmart, Target, Best Buy and other major chains, recently asked governors to mandate masks across the nation and says different local mandates have created confusion leading to conflicts between customers and store employees.
If the American public were to embrace masking now, Dr. Robert Redfield, director of the Centers for Disease Control and Prevention said the pandemic could be brought to heel in less than two months.
Sam’s Club and Walmart’s mask policy
In the blog post written by Dacona Smith, Walmart U.S. chief operating officer, and Lance de la Rosa, Sam’s Club chief operating officer, the company says the requirement will bring consistency across stores and clubs. Currently about 65% of the company’s more than 5,000 stores and clubs require masks.
Starting on July 20, Smith and de la Rosa wrote the company will give stores “time to inform customers and members of the changes, post signage and train associates on the new protocols.”
Walmart has created a “Health Ambassador” role and the ambassadors will be near store entrances “to remind those without a mask of our new requirements.”
“The ambassadors, identifiable by their black polo shirts, will work with customers who show up at a store without a face covering to try and find a solution,” Smith and de la Rosa wrote. “We are currently considering different solutions for customers when this requirement takes effect on July 20.”
Allahabad HC Dismisses Plea Seeking Judicial Probe Into Alleged Encounter Of Kanpur Gangster Vikas Dubey As Infructuous
The Lucknow bench of the Allahabad High Court on Monday dismissed a petition seeking Judicial probe into the alleged encounter of Kanpur Gangster Vikas Dubey, noting that the UP Government has already taken steps in that direction.
“Considering the fact that Special Investigating Team and Judicial Commission have already been constituted by the State of U.P. to enquire into the alleged incident in question, we dismiss the present writ petition as withdrawn with liberty to file fresh petition, if occasion arises,” a division comprised of Justices Pankaj Kumar Jaiswal and Karunesh Singh Pawar said.
The UP Government had constituted a Special Investigation Team, lead by Additional Chief Secretary Sanjay Bhusreddy, to investigate Dubey’s rise and police involvement in his deep-rooted criminal network, last Friday. On the following day, the Government constituted a one member Judicial Commission under Section 3 of the Enquiry Commission Act, 1952, comprised of Justice Sashi Kant Agarwal, former Judge of the Allahabad High Court, to enquire into the subject matter in question within a period of two months.
On being informed about the same by Additional Advocate General VK Sahi, the court observed that the petition had been rendered “infructuous”.\
The petition was filed by a practicing Advocate of the High Court, Nandita Bharti, seeking a direction for constituting a Judicial Commission headed by a former/ sitting HC Judge to probe the alleged encounter in terms of the guidelines framed by the Supreme Court in PUCL & Anr. v. State of Maharashtra & Ors., (2014) 10 SCC 635.
She had also sought a direction against the UP government to frame appropriate guidelines governing, planning and carrying out encounters for the purpose of protection of life and liberty guaranteed under Article 21 of the Constitution.
ver 60 criminal cases, including allegations of murder, were pending against Dubey, who was allegedly killed in a police encounter on Friday morning. The incident has given rise to a massive debate around police/ political involvement with the gangster and several representations have been placed before the Supreme Court as well as the Allahabad High Court seeking a a judicial probe.
Recently, one of the police officers, who have been arrested on the allegation of “”connivance” with Dubey, moved the Supreme Court seeking protection of his life from the UP Police.
Rape-accused Bishop Franco Mullakal’s bail cancelled, court issues non-bailable warrant
The court cancelled Mullakal’s bail considering the prosecution argument that the accused was trying to delay the trial, and posted the case to August 13.
Kottayam: A local court on Monday cancelled the bail granted to Bishop Franco Mulakkal, accused of raping a nun in Kerala, for failing to appear for the trial in the case and issued a Non Bailable Warrant against him.
The Bishop was not present in the Additional Sessions Court during the hearing.
Mulakkal’s counsel informed the court that his client could not appear as he had been in self quarantine due to his primary contact with a COVID-19 infected person.
During the previous hearing on July 1 also he had failed to appear before the Court.
His counsel had then submitted that the priest could not appear as he was stuck in a COVID-19 containment zone at Jalandhar in Punjab.
The prosecution on Monday countered the claim by the accused, saying the place where he lived in Jalandhar was not a COVID-19 containment zone on July 1.
The Court cancelled his bail, considering the prosecution argument that the accused was trying to delay the trial, and posted the case to August 13.
The Kerala High Court on July 7 had dismissed a petition seeking to discharge Mulakkal from the sexual assault case filed against him by the nun.
It had directed the deposed Bishop of Jalandhar diocese to stand for trial in the rape case, which was registered on a complaint filed by the nun of same diocese in Kerala.
The court dismissed the plea by the bishop, admitting the prosecution argument that there was prima facie evidence against Mulakkal in the rape case.
The senior priest of the Roman Catholic Church had filed the revision petition following the dismissal of his discharge plea by the trial court in Kottayam in March this year.
The rape case against the Bishop was registered by police in Kottayam district.
In her complaint to the police in June 2018, the nun had alleged that she was subjected to sexual abuse by the Bishop between 2014 and 2016.
The bishop, who was arrested by the Special Investigation team which probed the case, has been charged with wrongful confinement, rape, unnatural sex and criminal intimidation.
HC ex-judge to probe Vikas Dubey ‘encounter
LUCKNOW: A day after setting up an SIT to probe slain gangster Vikas Dubey’s alleged nexus with politicians and bureaucrats, the UP government on Sunday instituted a judicial inquiry by a retired high court judge into the July 10 “encounter” in which he was killed while being brought to Kanpur from Ujjain in a police convoy.
The inquiry commission of former Justice Shashi Kant Agarwal will also probe all aspects of the ambush by Dubey’s gang in which eight police personnel, including a DSP, were killed in Bikru village near Kanpur on July 3. The commission will submit its report to the government within two months.
To be based in Kanpur, the Agarwal commission will look into all encounters between the police and members of Dubey’s gang between July 3 and July 10, a government spokesperson said.
The commission’s brief is to unearth how Dubey and his associates allegedly formed a nexus with police personnel and officials in other departments.
“It is with a very heavy heart that I inform you that my beautiful wife Kelly has lost her two-year battle with breast cancer,” Travolta, 66, wrote. “She fought a courageous fight with the love and support of so many.”
“Kelly’s love and life will always be remembered,” Travolta wrote, stating he planned to take time off “to be there for my children who have lost their mother. So forgive me in advance if you don’t hear from us for a while. But please know that I will feel your outpouring of love in the weeks and months ahead as we heal.”
The couple had three children — daughter Ella, 20, and sons Benjamin, 9, and Jett, who died at age 16 in January 2009 after having a seizure while the family was on vacation in the Bahamas.
Ella Travolta paid tribute to her mother on Instagram.
“I have never met anyone as courageous, strong, beautiful and loving as you,” she wrote. “You have a glow and a light that never ceases to shine and that makes anyone around you feel instantly happy. Thank you for being there for me no matter what. Thank you for your love. Thank you for your help and thank you for making this world a better place. You have made life so beautiful and I know you will continue to do so always. I love you so much mama.”
A family statement to People magazine said that Preston had chosen to keep her cancer “fight private.”
“She had been undergoing medical treatment for some time, supported by her closest family and friends,” the statement said. “She was a bright, beautiful and loving soul who cared deeply about others and who brought life to everything she touched.”
Preston starred in films such as the 1986 comedy “SpaceCamp,” “Twins” (1988), as Tom Cruise’s fiancée Avery Bishop in “Jerry Maguire” (1996) and alongside Kevin Costner in the 1999 sports drama “For Love of the Game.”
Preston’s final film role was in 2018’s “Gotti,” playing Victoria Gotti, the wife of Mafia boss John Gotti. It was a family affair as Travolta portrayed John Gotti.
Travolta and Preston met while filming 1988′s “The Experts.” They were married at a midnight ceremony in Paris in 1991.
In September, Travolta and Preston celebrated 28 years of marriage with dual social media offerings.
“Happy Anniversary to my wonderful wife,” Travolta, 65, wrote on Instagram, along with a photo of the couple embracing.
Soon after, Preston posted her own photo and described on Instagram how much Travolta meant to her.
“To my dearest Johnny, the most wonderful man I know,” she wrote. “You have given me hope when I have felt lost, loved me patiently and unconditionally… made me laugh harder than any other human being possible… shared the most beautiful highs and at times lows.”
She added: “You’re a dream Daddio and make life so much fun!! I trust my love with you implicitly… with you I know I will always be okay no matter what happens… I love you forever and completely. “
PUCL Moves SC To Constitute A SIT to Investigate Into The Encounter Of Vikas Dubey
The People’s Union for Civil Liberties (PUCL) has moved an application in the Supreme Court related to another horrific encounter done by the UP Police on 10th July, 2020 in Kanpur. The application is moved in a 2018 criminal writ petition moved by the organization, seeking CBI/SIT inquiry into thousands of police encounters that have taken place in the state of UP over the past few years. (PUCL vs. Union of India & others)
he PUCL has taken up the issue pertaining to police encounters earlier also, as it defies the Rule of Law (i.e. Supremacy of law) and administration of law enforcing machinery in accordance with the Constitution. The landmark judgment in PUCL v. Union of India, (1997) 3 SCC 433 brought out the acts of administrative liquidations taking place in the State of Manipur. Though the State had defended their actions in the response, when judicial inquiry was conducted, the fake encounter committed by the police was exposed. The said case was taken up by the PUCL as it involved gross violation of human and constitutional rights. Similarly, the case of massive encounter killings in Maharashtra, particularly in Mumbai, was taken up by the PUCL and pursuant thereto, extensive guidelines have been laid down in PUCL v. State of Maharashtra, (2014) 10 SCC 635.
In the present case, the Petitioner said that few days back close aides of Vikas Dubey, Prabhat Misra and Amar Dubey, were killed in the similar fashion. The encounter on 10th July has raised many questions against the version of story narrated by the U.P. Police which is against the principle of Rule of Law and administrative liquidation. the States are not following the directions of this Hon’ble Court. The State of UP is flouting the said judgment and indulging in massive encounters with impunity.
Also, the Petitioner has submitted that:
“The police encounter/administrative liquidation is a serious crime- murder/culpable homicide and is an offence against the entire society. If such a crime is committed with the support of the State or where the State condones such an offence, it takes a very serious dimension, questioning the entire Rule of Law and governance in accordance with the Constitution.”
Further, the petitioner stated that the incidents, which have been revealed in the killings of the Vikas Dubey and his associates, are very shocking in particular, keeping in view continuous cases of mass encounters in the State of UP which have taken place from 1.1.2017 onwards.
Furthermore, the Petitioners has prayed Supreme Court to Constitute a Special Investigation Team to investigate into the present encounters of VikasDubey, Amar Dubey and Prabhat Mishra. Also, it is prayed to constitute a committee headed by a retired Supreme Court Judge to enquire into the encounters that have been taking place in the State of Uttar Pradesh and the Criminal Political nexus which has been prevailing in the State.
A 36 year delay in execution of eviction decree is a fraud on judiciary: SC
NEW DELHI: In 1984, a youthful Purushottam Sahu was overjoyed by the fast-paced court proceedings leading to a decree of eviction against his tenant Dharamdas Sindhi in Bargarh town of Odisha. Little did he know that he would be nearing 70 years, when the property would finally come to him.
The egregious 36 years delay, caused by multifarious litigation indulged by Sindhis, angered the Supreme Court on Wednesday and it ordered Sindhi’s legal heirs to hand over the premises within two months to Sahu, who pursued the litigation in the SC through his counsel Deepanwita Priyanka.
One Dharamdas Sindhi moved to Bargarh town of western Odisha in 1961 and stayed in a shop-cum-house owned by Sahu’s father for a monthly rent of Rs 100. Sahu later instituted a money suit to recover arrears of rent. Once the money suit was decreed in 1980, Sahu moved an eviction suit against Sindhi. The eviction petition was allowed in 1982. In 1983, he moved court for execution of the decree and the same was allowed in 1984, said Sahu’s counsel Deepanwita Priyank.
Since then, first Sindhi and later his four children filed collateral cases and fought up to the Supreme Court raising doubts over the title of Sahu over the premises. But ..Since then, first Sindhi and later his four children filed collateral cases and fought up to the Supreme Court raising doubts over the title of Sahu over the premises. But, the Supreme Court finally dismissed the petitions in 1992 while ordering Sindhi and his family to vacate the premises within 18 months. But, the decree continued to be in limbo as additional litigation was started by the Sindhis.
The bench directed the concerned trial court in Bargarh to ensure that the Sindhis vacated the premises in two months and if need be take police help to do so. It also asked the Bargarh court to initiate proceedings and quantify within three months the damage the Sindhis should be saddled with for delaying implementation of the decree.
Charlie Daniels, a member of the Country Music Hall of Fame best known for “The Devil Went Down to Georgia,” died Monday morning after suffering a hemorrhagic stroke. He was 83.
Daniels’ death was confirmed by his publicist, Don Murry Grubbs, to The Tennessean, part of the USA TODAY Network. He is survived by his wife, Hazel, and son Charlie Daniels, Jr.
By the time the Charlie Daniels Band topped the charts with “Devil” in 1979, the instrumentalist, singer and songwriter had long established a remarkable, multifaceted career in Music City. As a session musician, he played on three of Bob Dylan’s albums — including the revolutionary “Nashville Skyline” — as well as recordings for Ringo Starr, Leonard Cohen, Tammy Wynette and other luminaries.
He was a fixture of the touring circuit for the next 40 years. A Grammy-winning singer, entertainer, songwriter and fiddle virtuoso, he migrated from an earlier countercultural stance epitomized on “Long Haired Country Boy” to become an advocate for patriotism and the military.
We would follow him into battle’
Born Oct. 28, 1936, in Wilmington, North Carolina, Charles Edward Daniels grew up inspired by church music and local bluegrass bands. He listened to Nashville’s WSM and WLAC, which streamed country and R&B music from Music City all the way through Daniels’ radio speaker in North Carolina.
Daniels merged those sounds in the mid-1950s to create rock band The Jaguars, which most notably recorded instrumental single “Jaguar,” in Fort Worth, Texas, for national distribution via Epic Records. In Texas, he’d connect with producer Bob Johnston, who — years later — Daniels would credit with helping him find his way as a songwriter and sought-after session player in Nashville.
In 1964, Daniels and Johnston co-wrote “It Hurts Me,” a single cut by Elvis Presley that proved the first victory in decades of songwriting success to come.
“(Elvis) recorded it, and it was by far … the biggest thing that had ever happened to me in my life,” Daniels once said.
With Johnston’s help, Daniels carved his name in the late 1960s and early ‘70s as a marquee Nashville player, working with the likes of Starr, Cohen and, most notably, Dylan.
The life of a session sideman wouldn’t stick, though. He’d cut a self-titled debut album in 1970, forming the Charlie Daniels Band — or CDB, as it was known for decades at concert theaters, state fairs and race tracks — in 1971.
A bearded embodiment of fast-fiddlin’ Southern life, Daniels cut a handful of solo efforts in the early 1970s, none more notable than “Fire on the Mountain” — the Platinum-selling release that spilled into mainstream country success. Daniels would proceed to sell more than 13.5 million records, per the RIAA, logging nine Gold, Platinum or multi-Platinum releases.
“His music fused the immediacy of Southern Rock with the classic country storytelling that he heard as a child,” Kyle Young, CEO of the Country Music Hall of Fame and Museum, said Monday. “He brought new audiences to country music, pointing people to the sources even as he explored the edges.”
Backed by “The South’s Gonna Do It Again,” Trudy” and the rest of his growing catalog, Daniels would forge a reputation among his peers as a scorching live player.
“We would follow him into battle,” friend and Nashville musician Larry Gatlin shared Monday. “We would not follow him on stage. We couldn’t. No one else could either. ‘Nuff said.”
‘Devil Went Down To Georgia’ and Daniels’ fiery music
Upon its release in 1979, “The Devil Went Down to Georgia” didn’t just top the country chart, it became a huge pop crossover hit – climbing up to No. 3 on Billboard’s Hot 100 chart behind The Knack’s “My Sharona” and Earth Wind and Fire’s “After the Love Has Gone.”
The song won Daniels’ only Grammy Award in 1979, for Best Country Vocal Performance by a Duo or Group. A year later, he played himself in the 1980 John Travolta movie “Urban Cowboy”, which was closely identified with the rise of country music generated by that film. Some of his other hits were “Drinkin’ My Baby Goodbye,” “Boogie Woogie Fiddle Country Blues” and “Uneasy Rider.”
In the 1990s Daniels softened some of his lyrics from his earlier days when he often was embroiled in controversy.
In “The Devil Went Down to Georgia,” Daniels originally called the devil a “son of a bitch,” but changed it to “son of a gun.”
In his 1980 hit “Long Haired Country Boy,” he used to sing about being “stoned in the morning” and “drunk in the afternoon.” Daniels changed it to “I get up in the morning. I get down in the afternoon.”
“I guess I’ve mellowed in my old age,” Daniels said in 1998.
Otherwise, though, he rarely backed down from in-your-face lyrics.
His “Simple Man” in 1990 suggested lynching drug dealers and using child abusers as alligator bait. His “In America” in 1980 told the country’s enemies to “go straight to hell.”
Such tough talk earned him guest spots on “Politically Incorrect,” the G. Gordon Liddy radio show and on C-Span taking comments from viewers.
Daniels joined the Grand Ole Opry in 2008, and was inducted into the Country Music Hall of Fame in 2016.
Daniels was an ardent supporter of the troops
A staunch supporter of U.S. troops and veterans, Daniels spent much of his career traveling overseas to play for service members in Kuwait, Iraq and Afghanistan.
For the last four years, hardly a day went by without Daniels sharing this message on his Twitter account: “22 VETERANS COMMIT SUICIDE EVERY DAY!!”
On the platform, the man who sang 1980’s confrontational “In America” solidified his reputation as one of the most outspoken figures in country music. In daily posts, he would decry abortion as “murder,” ask fans to “pray for the blue,” and declare that “Benghazi ain’t going away.”
On July 4, just days before his death, Daniels tweeted: “We’re sitting on the upstairs porch looking at the northern horizon and watching America light up, fireworks going off all over the place. You may tear down statues and burn buildings but you can’t kill the spirit of patriots and when they’ve had enough this madness will end.”
But in his twilight years, Daniels also continued to relate to the countercultural heroes he once played with. In 2014, he covered “The Times They Are a-Changin,” “Hard Rain’s Gonna Fall” and others on a full album of acoustic Dylan covers.
“All these things, they’re just all part of my life,” he told The Tennessean in 2014. “It all adds up. And whatever differences you may have, there are 12 notes of music in the world where you can find common ground.”
Late career honors
In 1994, Daniels returned to the gospel music that influenced him as a child, releasing his first Christian album, “The Door.” The record would yield Daniels his first of three Grammy Award nominations for Southern gospel recordings. He’d earn his last Grammy Award nomination in 2005, for Country Instrumental Performance on “I’ll Fly Away.”
At age 70, he joined the ranks of country music stalwarts enshrined as a Grand Ole Opry member. He’d regularly perform on the 94-year-old country music radio tradition until his death.
“To be able to be a member and to have my name linked with my heroes is some pretty heady stuff for a guy that loves music and loves the Grand Ole Opry as much as I do,” Daniels once said.
Beyond the Opry, Daniels was a fixture of touring circuit until COVID-19 brought the industry to a halt this year.
“We play over one hundred cities every year and they’re all special in their own way, but when you get a chance to bring it all back home, especially when so many of your friends are joining you, it don’t get much better than that,” Daniels said in 2019.
In 2016, Daniels earned a top honor for any Nashville musician: A place alongside the all-time greats in the Country Music Hall of Fame and Museum. Entering at nearly 80 years old, he joined Randy Travis and Fred Foster for the year’s Hall of Fame class.
He was “weak” and speechless when hearing the news he would be inducted into the Country Music Hall of Fame, Daniels told The Tennessean in 2016.
“I’m so glad it went this way,” Daniels said. “This is the cherry on top of the icing. It doesn’t go any further. That’s where the cake stops.”
Four weeks after commissioner Roger Goodell vowed to listen to and work with players in their fight for racial equality, the NFL is in the process of solidifying plans to honor victims of systemic racism with a number of in-game programs during opening week of the 2020 season.
Starting with the nationally televised regular-season opener between the Houston Texans and Kansas City Chiefs on Sept. 10, “Lift Every Voice and Sing,” also known as the Black national anthem, will be performed before every Week 1 kickoff, before “The Star-Spangled Banner,” according to a person familiar with ongoing discussions. The person spoke to USA TODAY Sports on condition of anonymity because plans have not yet been finalized and announced by NFL officials.
Both anthems will be televised Sunday afternoon, and on “Sunday Night Football” and “Monday Night Football” contests as well. ESPN’s “Undefeated” first reported news of these plans.
The person said after brainstorming with numerous players and the NFL Players Association, NFL officials also plan to honor victims of police brutality through elements such as helmet decals or jerseys. It’s also expected that the Week 1 broadcasts will feature a number of educational PSAs about victims and their families.
PIL filed in Bombay High Court for cancellation of CISCE exams after CBSE verdict in SC
After the Supreme Court’s decision to cancel the CBSE exams, the Bombay High Court dismissed the petition (PIL) now seeking the cancellation of the remaining examinations of CISCE.
As per the Supreme Court order, the Council for Indian School Certificate Examination (CISCE) had clarified its stand in the court that it too would adopt the assessment formula on the lines of CBSE. Not only that, he will also declare the examination results by July 15 on the basis of internal assessment. However, the Supreme Court had also given exemption to the plaintiff that if he is not satisfied with the CISCE assessment methodology, he can approach the court.
The division bench of Justice Dipankar Dutta and Justice SS Shinde, while hearing through video conferencing, gave its order on the petition filed by parents and advocate Ranganarayan Tiwari. He had filed a petition to issue directions on behalf of the court to cancel the remaining examinations.
Similarly, the petition filed by some other parents was heard by the Bombay High Court. The plaintiff told the court that the CISCE board has to prepare its marking plan. The plaintiff was told that CISCE’s marketing plan is not yet clear. He said that his petition should be kept pending until the marking methodology is submitted to the court on behalf of the board or the result is declared.
Dr. Anthony Fauci tells Congress new coronavirus cases could reach 100,000 a day without changes
WASHINGTON – New coronavirus infections could increase to 100,000 a day if the nation doesn’t get the ongoing surge under control, Dr. Anthony Fauci told Congress Tuesday.
“We’ve really got to do something about that and we need to deal with it quickly,” he testified. “It could get very bad.”
Fauci, the top infectious disease expert at the National Institutes of Health, said the surge has been caused both by some areas reopening too quickly and by people not following guidelines.
“We’ve got to get that message out that we are all in this together,” Fauci told the Senate Health, Education, Labor and Pensions Committee. “And if we are going to contain this, we’ve got to contain it together.”
Testifying weeks after he’d previously warned of needless “suffering and death” if appropriate steps weren’t taken, Fauci, said he’s “quite concerned” about what’s happening in many states. New cases have been increasing by abut 40,000 a day,
Asked what’s going wrong, he said several states may have gone “too quickly” and skipped over some of the checkpoints laid out for a safe reopening.
But even in areas where state and local officials followed the federal guidelines, individuals acted as if all restrictions had been lifted.
“What we saw were a lot of people who maybe felt that because they think they are invulnerable, and we know many young people are not because they’re getting serious disease, that therefore they’re getting infected has nothing at all to do with anyone else, when in fact it does,” Fauci said.
Sen. Lamar Alexander, R-Tenn., opened the hearing on the state of the coronavirus pandemic by re-upping his past recommendation that President Donald Trump wear a mask to reduce the political divide on that health recommendation.
“The president has plenty of admirers,” Alexander said. “They would follow his lead.”
Health officials have been emphasizing the need for mask wearing as states loosen their social distancing restrictions and as infections have surged in many areas.
In particular, Fauci said, close gatherings in bars is “really not good.”
“We’ve really got to stop that,” he said.
The European Union has deemed Americans too risky to welcome in when the bloc opens up to international visitors July 1.
European countries have better contained the virus, Fauci said, in part because the shutdown of activities there was more widespread. In the United States, only about half the nation shut down compared with about 90% to 95% of activities in many European countries.
“We’re a very heterogeneous country,” he said, “and we had a heterogeneous response.”
Fauciand the other witnesses entered the hearing room wearing masks. They were spaced six feet apart. The number of reporters let into the room was limited and there was no room for a general audience.
Alexander noted that the Capitol Hill physician said masks could be taken off when talking into the microphone if the speaker was sitting six feet away from others, as he was doing.
“That’s why my mask is off right now,” he said. “But like many other senators, when I’m walking the hallways or on the Senate floor, I’m wearing a mask.”
Alexander lamented that “this simple life-saving practice has become part of the political debate that says this, ‘If you’re for Trump you don’t wear a mask. If you’re against Trump, you do.’”
“That’s why I’ve suggested that the president, occasionally wear a mask, even though in most cases, it’s not necessary for him to do so,” he said.
Washington Sen. Patty Murray, the top Democrat on the Senate Health, Education Labor and Pensions Committee, tore into Trump in her opening comments.
“We’ve seen a leadership crisis raging in the White House as the president proves time after time he cares less about how this pandemic is impacting families and communities and more about how it makes him look,” she said.
The hearing is being held two days after Health and Human Services Secretary Alex Azar warned that the “window is closing” for the United States to get the situation under control.
Fauci has repeatedly urged states to follow federal guidelines for reopening, including in his last appearance before the Senate health committee when he warned in May that failure to do so would lead to “some suffering and death” that could be avoided.
Today, half the country is struggling to manage rising COVID-19 cases.
A number of states paused their reopening plans last week as the U.S. set records for the number of new cases in one day. Texas closed bars and limited restaurant capacity, while Florida banned drinking at bars.
Experts say states that don’t manage their case counts risk overwhelming the health care system again and infecting neighboring states that have already flattened the curve.
Memory loss, gnarled fingers, panic:COVID-19 didn’t kill these Americans, but many might never be the same
The White House has often presented a rosier picture of the situation than what health officials describe.
Asked Monday about Azar’s warning, White House Press Secretary Kayleigh McEnany said the president is encouraged that there’s been a decline in fatality rates and an increase in effective treatments.
“These things make us uniquely equipped to handle the increase in cases that we’ve seen,” McEnany said.
The more than 125,000 deaths in the United States from COVID-19 represent approximately 25% of the world’s fatalities.
Some experts predict the U.S. death toll to hit nearly 180,000 by Oct. 1.
Testifying before a House panel last week, Fauci said these two weeks are “critical” in how the country addresses the surge in states like Florida, Texas and Arizona.
He attributed the “disturbing surge of infections” to a combination of factors, including an increase in person-to-person transmission, or community spread.
More than 500,000 people worldwide have now died from the coronavirus
More than a half-million people have now died from COVID-19 worldwide, and the death toll has doubled in just over seven weeks.
That grim milestone – marked Sunday by Johns Hopkins University – is particularly unsettling given warnings by health experts that the pandemic is still in its infancy. The U.S. with more than 125,000 deaths makes up approximately 25% of the total fatalities.
As the number of confirmed cases also surpassed 10 million worldwide, health officials are bracing for a second wave of the deadly virus, likely this fall.
While China and Europe took the brunt of the early days of the pandemic, the virus is now raging in the United States, Brazil, Russia and India.
The global death toll surpassed 250,000 on May 4.
In a sign of the new reality, the European Union is set to lift its external borders on July 1, and is weighing which countries should be allowed access to EU member states.
The criteria include not only infection rates in other countries, but also how those countries are dealing with the rates, notably testing and tracing.
Against that backdrop, the EU is not expected to allow travelers from the U.S., Brazil and Russia into their borders.
The University of Washington’s Institute for Health Metrics and Evaluation released a model Wednesday with a range of 159,497 to 213,715 deaths nationwide.
Institute Director Dr. Chris Murray, however, stressed the importance of wearing a face mask, saying that simple gesture has had a “profound effect” on the epidemic.
Wearing a mask “is extremely low-cost, and, for the individual, provides a 1/3 – as high as one half – reduction in the risk of transmission,” he said in a video press release. “But at the community level, can save an extraordinary number of lives.”
The U.S. on Saturday saw 42,597 new coronavirus cases. On Friday, the nation recorded 45,255 cases, the highest daily count yet. As several states see dramatic increases as well, the jump in Texas and Florida prompted the states’ governors to pause reopening plans. Texas closed bars and limited restaurant capacity, while Florida banned drinking at bars.
Meanwhile, health officials are possibly missing 10 coronavirus cases for every one case detected, Centers for Disease Control and Prevention Director Robert Redfield estimated Thursday.
We’re still in the first wave,” Redfield said. But the pandemic today looks markedly different from the outbreak two or three months ago, he said, when many deaths were among older people and those with underlying medical conditions.
Now, the CDC is seeing a greater proportion of cases diagnosed in younger people, said Dr. Jay Butler, the CDC’s deputy director of infectious diseases and COVID-19 response incident manager.
The impact on deaths and hospitalizations from the increase in positive cases won’t be known for a few weeks. Younger people are less likely to succumb to the disease, and deaths in the United States have been decreasing significantly for the past two months while cases plateaued in the same period.
Plea to younger people:Officials urge adults under 40 to act more responsibly to help slow spread of COVID-19
What is pool testing? Trump administration is considering new testing strategy, Fauci says.
New threats lurk in Europe, Asia
Despite the EU’s growing confidence, the threat is far from over for Europe. Dr. Hans Henri Kluge, regional director for the World Health Organization, warned that 11 countries in Europe have reported a “very significant resurgence” in COVID-19 cases recently. These include Armenia, Sweden, Moldova, North Macedonia, Azerbaijan, Kazakhstan, Albania, Bosnia-Herzegovina, Kyrgyzstan, Ukraine and Kosovo. He said health systems could be “pushed to the brink” if these increased transmissions of the virus go unchecked.
In Asia, India’s confirmed coronavirus cases crossed the half-million mark Saturday, jumping by a one-day record of 18,552 infections. The death count rose above 15,500.
China, which spawned the original coronavirus, reported an uptick in new coronavirus cases a day after the nation’s CDC said it expects an outbreak in Beijing to be brought under control soon. The National Health Commission said Saturday that 21 cases had been confirmed nationwide in the latest 24-hour period, including 17 in the nation’s capital.
City officials have temporarily shut down a huge wholesale food market where the virus spread widely, re-closed schools and locked down some neighborhoods.
South Korea has reported 51 newly confirmed cases of the coronavirus as fresh clusters continue to emerge in the densely populated Seoul area. They bring the national caseload to 12,653, including 282 deaths. Thirty-five of the new cases came from Seoul and nearby cities and towns, which have been at the center of a COVID-19 resurgence since late May. Twelve others were linked to international arrivals.
Australian health officials are expecting more cases of COVID-19 as hundreds of nationals return from overseas to begin mandatory quarantine.
Contributing: Grace Hauck, USA TODAY; Associated Press
More on COVID-19 from USA TODAY:
WASHINGTON – The Supreme Court handed a green light Thursday to the Trump administration in its effort to speed up the removal of those seeking asylum.
The court ruled that asylum-seekers claiming fear of persecution abroad do not have to be given a federal court hearing before quick removal from the United States if they initially fail to prove that claim.
The decision was written by Associate Justice Samuel Alito. Associate Justices Sonia Sotomayor and Elena Kagan dissented.
The case, one of many to come before the high court involving the Trump administration’s crackdown on immigration, concerned Sri Lanka native Vijayakumar Thuraissigiam. He was arrested 25 yards north of the Mexican border and immediately placed in expedited removal proceedings.
Immigration officials determined that Thuraissigiam did not have a credible fear of persecution, even though he is a member of Sri Lanka’s Tamil ethnic minority that faces beatings and torture at the hands of the government.
“While aliens who have established connections in this country have due process rights in deportation proceedings, the court long ago held that Congress is entitled to set the conditions for an alien’s lawful entry into this country and that, as a result, an alien at the threshold of initial entry cannot claim any greater rights under the Due Process Clause,” Alito wrote in a 36-page opinion.
In her dissent, Sotomayor said the system Congress established short-circuits an inquiry designed to determine whether asylum-seekers “may seek shelter in this country or whether they may be cast to an unknown fate.”
“Today’s decision handcuffs the judiciary’s ability to perform its constitutional duty to safeguard individual liberty and dismantles a critical component of the separation of powers,” she wrote. “It increases the risk of erroneous immigration decisions that contravene governing statutes and treaties.”
The court’s other two liberal justices, Stephen Breyer and Ruth Bader Ginsburg, agreed with the judgment but said they would have applied it only to Thuraissigiam’s claim.
“Addressing more broadly whether the Suspension Clause protects people challenging removal decisions may raise a host of difficult questions,” Breyer wrote, such as whether the same limit can apply to those picked up years after crossing the border, or to those claiming to be U.S. citizens.
During oral argument in March, Chief Justice John Roberts and other conservatives expressed concern that granting Thuraissigiam a hearing could lead to a significant expansion of new claims. His lawyer said about 9,500 asylum-seekers fit the same category.
Only 30 petitions for federal court hearings have been filed so far, American Civil Liberties Union attorney Lee Gelernt said then. On Thursday, he lamented that the ruling “fails to live up to the Constitution’s bedrock principle that individuals deprived of their liberty have their day in court, and this includes asylum seekers.”
But Deputy Solicitor General Edwin Kneedler said during oral argument that close to 100 petitions had been filed. Heand warned of “the potential for a flood” of cases if the Supreme Court ruled for Thuraissigiam.
The case represented a crucial test of the Trump administration’s effort to speed the removal of thousands of migrants without granting federal court hearings. The fast-track process is allowed under a law passed by Congress in 1996.
The California-based U.S. Court of Appeals for the 9th Circuit, which has drawn Trump’s ire for its decisions on immigration, ruled last year that efforts to remove asylum-seekers under such “expedited removal” procedures violated their constitutional rights.
Fewer Americans are seeking unemployment benefits, but the number who need help remains high as the country haltingly reopens its economy amid the coronavirus pandemic.
1.48 million workers filed first time claims for unemployment insurance last week, the Labor Department said Thursday. That latest round of applications means a staggering 47.1 million Americans have made initial jobless benefits claims in just 14 weeks.
While the number of people seeking first time aid fell below the 1.5 million who filed claims the week before and mark the 12th weekly drop in a row, the slide is slowing. And last week’s tally was greater than the 1.3 million to 1.4 million economists expected.
Initial jobless claims are the nation’s most reliable gauge of layoffs, and in an investors note Oxford Economics said the latest numbers “paint a picture of a job market in turmoil. Initial claims fell only slightly from last week, reminding us that layoffs in some areas remain widespread.”
When the economy largely shut down in March to slow the spread of the coronavirus, job cuts were concentrated in the retail, restaurant and travel industries, businesses especially hard hit when people were instructed to stay home. But job losses have now spread to other sectors, including education, manufacturing and professional services.
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The nation experienced an unexpected uptick in jobs when roughly 2.5 million positions were added in May, following the loss of 22 million jobs during the previous two months.
Still, the weekly numbers of Americans needing aid because they are out of work far exceed the previous record of 695,000 first-time jobless claims made in the fall of 1982, when the nation was in the midst of a deep recession.
Economists expect the unemployment rate to stay high, hovering around 10% by the end of the year. And many out of work Americans may be about to struggle more as the extra $600 unemployment insurance payment they receive through the federal CARES Act is set to expire next month, nearly a week earlier than many expected.
Not so fast, Mickey: Disneyland California delays reopening of theme parks, hotels past July 17
Disneyland Resort in Southern California will not reopen on July 17 as announced earlier this month.
Disney said late Wednesday that it has to delay the planned reopening of Disneyland and California Adventure and on-site hotels because the state of California has said it will not issue reopening protocols until after July 4.
“Given the time required for us to bring thousands of cast members back to work and to restart our business we have no choice but to delay the reopening of our theme park and resort hotels until we receive approval from government officials,” Disney Parks said in a statement on Twitter.
It did not set a new reopening date, saying it will do so once it has a “clearer understanding” of when guidelines will be released.
Last week, a petition was launched to delay the reopening
Labor union opposition to the July 17 reopening appears to have played a role, too. Last week, the Coalition of Resort Labor Unions, which represents a dozen Disneyland Resort unions, sent a letter to California Gov. Gavin Newsom saying it was too early to reopen Disneyland, which closed in mid-March due to the coronavirus pandemic. The group and Unite Here, another union representing hotel and other hospitality workers, have a “Disney Caravan for Safety” event planned Saturday in Anaheim, home to Disneyland.
“Disney wants clearance from the government to reopen the Disneyland Resort in July,” it said. “Unfortunately, despite intensive talks with the company, we are not yet convinced that it is safe to reopen the parks on Disney’s rapid timetable.”
The group said Disney has addressed some of its safety concerns, including temperature checks for employees, but not answered others, including proposed COVID-19 testing. It called the latter a “cornerstone of plans for other areas of the entertainment industry reopening.”
Newsom praised Disney’s delayed reopening in a statement provided by spokesman Nathan Click on Wednesday.
“The governor appreciates Disney’s responsiveness to his concerns about reopening amid the recent increases in COVID-19 infections across many Southern California counties,” Newsom said. “The state and our public health experts continue to be in contact with the company and their workers — as well as other theme parks in the state — as we track and combat the spread of the virus.”
“In order to reopen our theme parks we need to negotiate agreements with our unions to return employees to work,” the company said. “We have had positive discussions and are very pleased we have signed agreements from 20 union affiliates.”
Disney said Downtown Disney District will still reopen as planned on July 9. The reopening of the shopping, dining and entertainment complex was previously approved under the state’s restaurant and retail reopening guidelines, the company said.
Walt Disney World in Florida is due to reopen on July 11. Disney said its reopening plans for the Florida theme parks and those in Shanghai and Hong Kong were preapproved.
Chinese tech companies with government links face curbs
NEW DELHI: India is trying to identify Chinese technology companies with direct or indirect links to that country’s government or military, a top official said. Such companies will face challenges in getting investment approvals, given that this could have national security implications for India the wake of the recent border hostilities, he said.
But private companies that don’t fall under this category, such as smartphone manufacturers Vivo, Xiaomi and Oppo, are unlikely to face any such hurdles to their plans to invest and expand in India, the official told ET.
Hurdles for Huawei, ZTE
“Nature of ownership of Chinese tech companies will be under immense scrutiny because if the Chinese army or the state is the owner or in any significant way linked to the company, then it is a situation of great discomfort,” he said.
Telecom equipment vendors Huawei and ZTE are alleged to have links to the People’s Liberation Army (PLA) and to the Chinese government, accusations that the two companies have repeatedly denied. India had thus far stayed away from taking any decision on their participation in telecom supply contracts, especially 5G deployments. But soon after the mid-June border skirmish, India decided not to allow state-run phone companies Bharat Sanchar Nigam Ltd (BSNL) and Mahanagar Telephone Nigam Ltd (MTNL) to source gear from them. “We don’t wish to allow any Chinese state-run agencies to be a part of critical infrastructure in this country as there is a direct conflict of interest here,” the official added.
Officials have said that the government is also thinking of persuading private telcos not to buy equipment from the two vendors, likely locking them out of the 5G market in India. “It is unlikely Huawei (or ZTE) will be permitted,” the official said
The US announced new export control rules two weeks ago aimed at blocking Huawei’s chip development efforts. Under the new rules, non-US companies will have to apply for a permit to use American technology to produce Huawei-designed chips.
The restrictions bring Delhi closer to Washington on the perceived threat posed by Chinese companies besides stopping them from continuing to play a significant role in the Indian market.
“The MHA (ministry of home affairs) circular in April withdrawing any Chinese FDI via the automatic route is essentially targeted at evaluating who is the ultimate beneficiary of any Chinese investment in the country–is it the Chinese state?” the official said. That notification said any FDI application from countries sharing a land border with India will need to be vetted. This followed the Chinese central bank raising its stake in Housing Development Finance Corp. That sparked fears about China picking up stocks of key companies at a time when markets are volatile due to the Covid crisis.
Another senior official told ET that the government was also evaluating the security concerns around Chinese apps and would take a call soon. “There are two issues at hand here — Huawei and ZTE have been banned for security concerns. Our security systems and critical infrastructure cannot be run by Chinese state while we are fighting them at the border but in case of mobile handsets, the story is different,” the official said.
“These (the phone brands) are Chinese private players and with them it’s a battle on a different front. We wish to be self-reliant and to have domestic champions, but we don’t envisage a ban on these companies but of course we would like to reduce our dependence upon China.”
Liz Hurley’s ex and film producer Steve Bing dies aged 55
The film producer, who was best known for working on the movies Kangaroo Jack and The Polar Express, was found dead at around 1pm in Santa Monica, Los Angeles on Monday (22 June). An LAPD spokesperson has said they are investigating a death but did not confirm the person’s identity. Bing’s publicist, Michelle Bega, told Sky News that she was ‘overwhelmed trying to process this unbelievable and sad event’.
He is survived by two children – Damian Hurley from his former relationship with Liz, and Kira, who he shared with professional tennis player Lisa Bonder. Tributes have poured in for Bing, with former US President Bill Clinton tweeting: ‘I loved Steve Bing very much. He had a big heart, and he was willing to do anything he could for the people and causes he believed in. I will miss him and his enthusiasm more than I can say, and I hope he’s finally found peace.’ Oscar-winning screenwriter Josh Olson said: ‘Steve Bing was my friend and my partner. He was a good man who loved movies and music and cared passionately about fairness. Simple but important concept. I loved him. Depression is f***ing horrible. Hold your friends close.’