20 June 2020

20 JUNE NEWS: Govt clarifies Modi statement: China was trying to erect structures ‘just across the LAC’. PMO’s statement on India-China LAC situation ‘a lame attempt to obfuscate the truth’, says Congress. Larger Bench of SC to decide on jurisdiction of family courts to hear maintenance pleas by Muslim women


20 JUNE 2020: 27 SHAWWAL 1441:Vol: 12,No:237


Govt clarifies Modi statement: China was trying to erect structures ‘just across the LAC’

Clarifying Prime Minister Narendra Modi’s statement from the all-party meeting (APM) on Friday that no one had entered Indian territory or captured any military posts, the government Saturday said the violence on June 15 happened because China was trying to erect structures “just across the LAC (Line of Actual Control)” and did not desist from such actions.“The APM was also informed that this time, Chinese forces have come in much larger strength to the LAC and that the Indian response is commensurate. As regards transgression of LAC, it was clearly stated that the violence in Galwan on 15 June arose because Chinese side was seeking to erect structures just across the LAC and refused to desist from such actions.” The government also alleged some people were trying to give a “mischievous interpretation” to Modi’s remarks. “Attempts are being made in some quarters to give a mischievous interpretation to remarks by the Prime Minister at the All-Party Meeting (APM) yesterday.“Prime Minister was clear that India would respond firmly to any attempts to transgress the Line of Actual Control (LAC). In fact, he specifically emphasized that in contrast to the past neglect of such challenges, Indian forces now decisively counter any violations of LAC (“unhe rokte hain, unhe tokte hain”),” the government said.Follow India-China border news Live Updates In his concluding address to the nearly three-hour long meeting attended by top political leaders, Modi had said, “Na wahan koi hamari seema mein ghus aaya hai, na hi koi ghusa hua hai, na hi hamari koi post kisi doosre ke kabze main hai. Ladakh mein hamaare 20 jaanbaaz shaheed hue, lekin jinhone Bharat mata ki taraf aankh uthakar dekha tha unhe wo sabak sikhakar gaye”.There was criticism from several quarters after Modi’s remarks had become public. Congress senior leader Rahul Gandhi questioned Modi on Twitter on Saturday morning, that if the Chinese troops were not on Indian soil why were Indian soldiers killed, and accused the Prime Minister of surrendering Indian territory.Gandhi wrote: “PM has surrendered Indian territory to Chinese aggression. If the land was Chinese: 1. Why were our soldiers killed? 2. Where were they killed?”In the statement issued on Saturday, the government also said 43,000 sq km of Indian territory has been yielded in the last six decades under circumstances with which this country is aware of.“What is Indian territory is clear from the map of India. This Government is strongly and resolutely committed to that. Insofar as there is some illegal occupation, the APM was briefed in great detail how over the last 60 years, more than 43,000 has been yielded under circumstances with which this country is well aware. It was also made clear that this Government will not allow any unilateral change of the LAC.”It stated that Modi’s remarks in the discussions “were the events of 15 June at Galwan that led to the loss of lives of 20 Indian military personnel”.The government said the Prime Minister had “paid glowing tributes to the valour and patriotism of our armed forces who repulsed the designs of the Chinese there” and his “observations that there was no Chinese presence on our side of the LAC pertained to the situation as a consequence of the bravery of our armed forces. The sacrifices of the soldiers of the 16 Bihar Regiment foiled the attempt of the Chinese side to erect structures and also cleared the attempted transgression at this point of the LAC on that day.”It also claimed that Modi’s comment that “those who tried to transgress our land were taught a befitting lesson by our brave sons of soil,” on Friday had “succinctly summed up the ethos and the values of our armed forces” and he had even emphasised “that our armed forces will leave no stone unturned to protect our borders”. The govt called it unfortunate that a controversy was being created at such a time. “At a time when our brave soldiers are defending our borders, it is unfortunate that an unnecessary controversy is being created to lower their morale. However, the predominant sentiment at All Party Meeting was of unequivocal support to the Government and the armed forces at a time of national crisis. We are confident that the unity of the Indian people will not be undermined by motivated propaganda.”


PMO’s statement on India-China LAC situation ‘a lame attempt to obfuscate the truth’, says Congress

Congress has termed the statement of PMO in response to the press conference addressed by P Chidambaram “a lame attempt to obfuscate the truth”.In a rejoinder issued on Saturday evening, Randeep Singh Surjewala, In Charge of AICC Communications, said that the PMO’s statement belittles the gravity of the situation on the India-China LAC. “Security experts, Army Generals and satellite imagery have confirmed not only one intrusion on June 15, 2020 but several intrusions into and occupation of Indian territory in the Ladakh area,” he said.“If there was no other intrusion into Indian territory, how were the Chinese present "in large numbers" or why was restoration of "status quo ante" being demanded or "disengagement" and "early resolution" being sought?” he wondered.

LAC conflict: Chidambaram poses 10 questions to govt, demands it clear the air


China lays claim to entire Galwan Valley

China’s government on Friday said it claimed the entire Galwan valley, the site of the June 15 clash on the border, including to areas that are currently on India’s side of LAC.In a statement, the Foreign Ministry accused India of “unilaterally building roads, bridges and other facilities in the Galwan Valley region” and said “the Galwan Valley is located on the Chinese side of LAC in the western section of the Sino-Indian border.”The statement suggests Beijing is making a new claim to the LAC in this area, in the view of Indian officials. This area was the site of a clash on June 15 that claimed the lives of at least 20 Indian soldiers in the worst violence on the border since 1967. In the valley, the LAC runs east of the confluence of the Galwan and Shyok rivers. Monday’s clash was reported to have taken place on on India’s side of the LAC.


India knew of Chinese build up in Galwan Valley since last year: Strategic Expert Bharat Karnad

Strategic Expert Dr Bharat Karnad has been warning against Chinese incursion and occupation of Indian territory in eastern Ladakh for several weeks now. In an interview, on standoff Karnad said, "New Delhi-based DIPAC (Defence Image Processing and Analysis Centre) that must have picked up the Chinese build-up on the Galwan very early – as early as eight months ago, and would have passed on their assessments to RAW, IB PMO and Military Intelligence in the Defence Ministry. If there was a problem then it must have occurred at the stage when this satellite-derived intel is conveyed to forward units by the army."nationalheraldindia


China must vacate all areas it has illegally occupied: Jamaat Islami Hind

New Delhi: While condemning the Chinese incursion in Ladakh, the President of Jamaat-e-Islami Hind (JIH), Syed Sadatullah Hussaini has urged the government of India to develop a mature and resolute approach towards China. “We condemn unprovoked Chinese attack on our soldiers in the Galwan Valley, Ladakh, and offer our condolences to the families of our brave soldiers who sacrificed their lives in protecting our borders. As the situation is extremely sensitive, India needs to display maturity and adopt a firm and resolute approach towards the situation”,the JIH President said.“We must not compromise on our territorial integrity and should firmly make China to vacate all the areas that it has illegally occupied. Military experts have pointed out that the Galwan valley area is of great importance as an intrusion there can block our strategic road that provides a lifeline to our troops in Sub Sector North”JIH chief said adding that govt must utilise all political and diplomatic channels. “We urge the government to take the people, the opposition, and military and diplomacy experts into confidence and ensure that our territorial integrity is restored quickly. We need peaceful, just and permanent resolution to this problem so that we can focus on the task of repairing our economy and fighting the raging pandemic”, he said.


Ladakh face-off | Won’t let soldiers’ sacrifice at Galwan Valley go in vain, says IAF chief Bhadauria

Air Chief Marshal R.K.S. Bhadauria on Saturday said that in spite of unacceptable Chinese action after agreements were reached during military talks and the resulting loss of lives, all efforts were under way to ensure that current situation was resolved ‘peacefully’ at LAC at Galwan Valley in eastern Ladakh. “It should be very clear that we are well-prepared and suitably deployed to respond to any contingency. I assure the nation that we will never let the ‘sacrifice’ of the braves of Galwan go in vain,” he said.The gallant actions of our soldiers who lost their lives during the confrontation with the Chinese forces had demonstrated the resolve to protect the sovereignty of our country at any cost, he said, while addressing the media after reviewing the combined graduation parade of 123 flight cadets at Air Force Academy in Dundigal, around 45 km from Hyderabad.the hindu


Has Modi ceded Galwan Valley to China, wonder defence experts on Twitter: National Herald India

The claim by the Indian PM that there was no intrusion into Indian territory and that no Indian territory is under foreign occupation has surprised experts and outraged veterans.PM made the remark at the very end of his virtual meeting with opposition leaders on Friday, giving no opportunity for them to ask for an explanation. But the bland statement left many questions unanswered.· If there was no intrusion into Indian territory, what did the PM mean by saying that India would and could give a befitting reply? He made that statement in a video conference this week. What were Indian Generals on the ground talking to the Chinese about in Galwan Valley? What did Indian Foreign Minister warn the Chinese Foreign Minister when they spoke on phone?The most charitable explanation being offered is that Indian Govt has decided to swallow a bitter pill and concede territory to China because its options are limited and military options even more so. But the initial reaction of the experts bordered on incredulity.


8 JeM, HM militants killed in separate ginfights in Kashmir

8 militants were killed in Kashmir in two separate gunfights during the last 24 hours. 3 militants were killed in Awantipora area of Pulwama district while 5 others were killed in Shopian district.One militant was killed on Thursday in an encounter with the security forces in Meej village of Awantipora area, following which two other militants had taken refuge inside a mosque in the village.IANS




‘Govt doesn’t have power to create a Trust’: Plea in Allahabad HC says PM CARES Fund unconstitutional

A PIL has been filed before Allahabad High Court, challenging the constitutional validity of the PM National Relief Fund and PM CARES Fund, legal news website reported.The petition has been filed by two practicing advocates of the High Court, Divya Pal Singh and Anubhav Singh, stating that the PMNRF and PM CARES are unconstitutional and void, for not being backed by any law and for being at odds with National Disaster Response Fund (NDRF), which was constituted by the Central Government under Section 46 of Disaster Management Act, 2005 (DMA). They have thus sought that the money/ funds contained in the PMNRF and PM CARES Fund be transferred/ credited to the NDRF.The petitioners have submitted that the government does not have the power to create a Trust, otherwise than by an authority of law, as per Entry 10 of Concurrent List under Seventh Schedule of the Constitution."Manifestly, the constitutional mandate for creating a trust by making a law is an implicit, mandatory and binding prohibition on the power of the Central Government or Prime Minister to create a non-statutory express trust (PM CARES Fund), opaque in nature, to collect money from institutions and public generally during outbreak of disaster (COVID-19), while, there is a statutory fund, already in place (NDRF) for the same purpose constituted by the Central Govt. under 2005 Act," the plea states.


Coronavirus | Delhi Lt-Gov's order on 5-day mandatory institutional quarantine rolled back

A day after it was announced, Lieutenant Governor Anil Baijal rolled back his order making 5-day institutional quarantine mandatory for COVID-19 patients in Delhi. The move was vehemently opposed by Chief Minister Arvind Kejriwal at a meeting of Delhi Disaster Management Authority (DDMA) and his Deputy Manish Sisodia on Saturday morning. The meeting was inconclusive and postponed for 5 pm.“Regarding institutional isolation, only those COVID-19 positive cases which do not require hospitalisation on clinical assessment and do not have adequate facilities for home isolation would be required to undergo institutional isolation,” Mr. Baijal tweeted after the meeting. Issued in his capacity as Chairperson of DDMA, Baijal’s order stated that 5-day institutional quarantine would mandatorily apply to each COVID-19 case currently under home quarantine in Delhi.



Larger Bench of SC to decide on jurisdiction of family courts to hear maintenance pleas by Muslim women

After a split verdict delivered by a Division Bench, a larger Bench of the Supreme Court will decide whether family courts have jurisdiction to hear applications for maintenance under Section 3 of the Muslim Women (Protection of Rights on Divorce)Act of 1986, reported. Bench of Justices R Banumathi and Indira Banerjee, in an order passed on Thursday, disagreed on whether family courts had the jurisdiction to entertain such pleas.While Justice Banumathi held that family courts lacked this jurisdiction, Justice Banerjee took an opposing view. The issue was ultimately referred to a larger Bench for decision, and will be placed before the Chief Justice of India, who will refer it to an appropriate Bench.The split verdict came in a plea challenging the decision of the Rajasthan High Court by which an order passed by a family court was set aside. The family court had converted a maintenance plea under Section 125 of CrPC into an application under Section 3 of 1986 Act.While considering the issue, Justice Banumathi held that family courts lacked the jurisdiction to hear maintenance plea under 1986 Act and the same can be filed only before the Judicial Magistrate (First Class).Justice Banumathi's opinion states,"...the Family Court not having been conferred the jurisdiction under Section 7 of Family Courts Act, 1984 to entertain an application filed under Section 3 of the Muslim Women Protection Act, the Family Court shall have no jurisdiction to entertain an application under Section 3(2) of Act of 1986."In holding thus, Justice Banumathi agreed with the view taken by the Rajasthan High Court. Justice Banerjee, on the other hand, said she has been unable to persuade herself to agree with Justice Banumathi's view. Justice Banerjee delved into the scope and object of the Family Courts Act of 1984, which essentially provides for setting up of family courts for speedy disposal of disputes arising out of marriage and family affairs. In her opinion, "Parliament enacted  Family Courts Act to provide for establishment of Family Courts with a view to promote conciliation in, and secure speedy settlement of disputes relating to marriage and family affairs, and matters connected therewith."


Pinjra Tod members seek access to lawyers through video conferencing, Delhi HC issues notice

Delhi High Court has issued notice in separate petitions filed by Pinjra Tod members Devangana Kalita and Natsha Narwal seeking a direction to the Tihar Jail authorities to allow them access to their counsel by way of video conferencing, reported. Notice to Tihar Jail and Delhi Government in Narwal's petition was issued by a Single Judge Bench of Justice C Hari Shankar. Similarly, notice in Kalita's Petition was issued by a Single Judge Bench of Justice Vibhu Bakhru. While listing Kalita's petition for further hearing on July 1, Justice Bakhru directed the Jail authorities, in the meantime, to treat her petition as a representation seeking video conferencing facilities with her counsel. Narwal and Kalita are presently in judicial custody in connection with cases registered for Delhi riots.


SC refuses to stay Sharjeel Imam’s prosecution, says plea only for consolidation of FIRs

The Supreme Court on Friday refused to stay the prosecution on sedition cases filed against JNU student, Sharjeel Imam, in various States clarifying that the plea before the court is only for consolidation of FIRs, Barand Bench reported. A 2-judge bench of Justices Ashok Bhushan and V Ramasubramanian heard a plea by JNU student Sharjeel Imam seeking to club all FIRs filed against him for his speech during anti-CAA protests in Delhi.Senior Counsel Siddharth Dave representing JNU student told the court today that notice was issued to five states in the previous hearing and yet no reply had been filed by states. Counsel for UP, Garima Prashad, however, apprised the Court that a reply on behalf of the state has been filed in this case. While states of Assam and Manipur sought more time to file their replies, Dave told the Court that there is an urgency in the case given that prosecution against Imam would begin in the states and the court is scheduled to go on vacation in the next week.“But the case is only for consolidation of FIRs. We cannot pass any other orders,” Justice Bhushan, heading the Bench, saidDave urged the court to consider the urgency involved. However, the court was not inclined to pass an interim order.“That is not the prayer before us... We cannot pass such an interim order,” the SC said.Keeping in view the scope of the plea before the court, the Bench refused to grant a stay on the prosecution of Imam and directed the states to file their replies in a period of 3 weeks.




Bail granted to suspended J&K police DSP Davinder Singh as Delhi Police fails to file chargesheet

A Delhi Court on Friday granted bail to suspended Jammu and Kashmir DSP Davinder Singh who was arrested` while ferrying two Hizb-ul-Mujahideen terrorists in a vehicle on the Srinagar-Jammu Highway earlier this year, legal news has reported.Bail was also granted to accused Irfan Shahi Mir.The order was passed by Additional Sessions Judge Dharmender Rana.Davinder Singh was arrested on March 14, 2020 pursuant to an FIR by the Special Cell of Delhi Police for the alleged commission of offences under under Section 18 of UAPA and Section 120-B IPC.As per FIR, youths of J&K and Punjab were being trained to carry out terrorist activities in the country and that there was a plan to execute terror attacks in Delhi. FIR apprehends involvement of D-Company and Chhota Shakeel in funding a pro-Khalistan terrorist organisations in Punjab.Before court, counsel for Davinder Singh and Mir argued that he was entitled to be released on statutory bail as 90-day period for filing a chargesheet was over. In its status report before the court, Delhi Police also stated that a chargesheet had not been filed as the investigation in the case was yet to be completed.


26/11 Mumbai terror attacks | U.S. informs India of provisional arrest of Tahawwur Rana

U.S authorities have informed India about the provisional arrest of Tahawwur Rana, one of the key players in the 26/11 Mumbai attacks as he is “proposed to be extradited” in a case registered by NIA.Rana walked out of a prison in US on June 10 after he was granted bail on compassionate grounds after he tested positive for COVID-19. As per the India-U.S. Extradition Treaty of 1997, he can only be extradited to be tried in a case registered by NIA in 2009 to unearth the conspiracy of several such crimes, including the 26/11 attack.The ‘double jeopardy’ clause in US law prohibits punishment for the same crime twice. Therefore, India tweaked its bid to seek Rana’s custody on the ground that he was actively involved in planning an attack on the National Defence College in Delhi and Chabad houses (Jewish religious centres) in several Indian cities in 2009. “The authorities here are in touch with their US counterparts. As soon as Rana walked out of prison, the pending warrant as per the extradition pact was executed by the local police and he was taken into custody. The extradition proceedings will begin soon,” a senior government official told The Hindu.




Editors Guild of India expresses concern at registration of FIR against Scroll journalists

Editors Guild of India has expressed concern at the registration of an FIR at Varanasi’s Ramnagar police station against Scroll Executive Editor Supriya Sharma and its Chief Editor over a report published from Varanasi.Noting that the Scroll had stood by its report, it said that the use of the various Sections of the IPC and the SC/ST Act were an overreaction and will seriously undermine freedom of the media.“The use of criminal provisions of the law against journalists has now become an unhealthy and despicable trend that has no place in any vibrant democracy. It needs to beresisted as well as eliminated,” it said in a statement.“The increasing frequency of such misuse of laws by the authorities is tantamount to shooting the messenger and destroying a key pillar of India’s democracy,” it added.


Delhi Union of Journalists slams lodging of FIR against ‘The Scroll’ Executive Editor Supriya Sharma

Delhi Union of Journalists has expressed its shock at the registration of an FIR against Scroll Executive Editor Supriya Sharma for filing a story on hunger during the lockdown in villages around Varanasi, in which the Scroll’s Editor-in-Chief has also been charged.In a statement released on Friday, it said, “It is regrettable that the state has chosen to misuse the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 to charge the journalist. In the FIR, a woman interviewed for the story claims that she was misquoted. She says she did not tell the journalist that she and her family went hungry as work dried up and claims that the story is an attempt to defame Scheduled Caste people like her. The journalist has also been charged under Section501 of the IPC for defamation and strangelyenough under Section 269 (negligent act likely to spread infection of disease dangerous to life).”“Scroll has issued a statement saying that it stands by the story. Sharma’s record speaks for itself. In 2014-15 she won the Chameli Devi Jain Award for Outstanding Woman Journalist,” it added.


Rajasthan CM Gehlot emerges taller after ensuring win of two Congress candidates in RS polls

As a child and then as a youth, Rajasthan Chief Minister Ashok Gehlot helped his father, who was a professional magician, perform magic shows and in the process mastered the art of magic. Magic taught him many things and one of this was to keep his political adversaries guessing.When the results of the three seats of the Rajya Sabha election was declared, his political detractors hailed the master strategist on how he achieved his goal. The result was along expected lines: Congress won two seats and the BJP one. Gehlot did not allow the game plan of the BJP to succeed.The BJP tried to divide the Congress by fielding a second preference candidate – Onkar Singh Lakhwat – when it had votes that could win only one seat. But an alert Gehlot managed to keep the flock together and destroyed the BJP’s dreams by blowing their cover.“BJP tried to its Karnataka, Gujarat and Madhya Pradesh act in Rajasthan. But the conspiracy did not work because Congress MLAs were not lured by the offers made to them. Congress MLAs were kept in a hotel where we managed to drive home the point that the BJP was trying to murder democracy and we should stand united against it. The idea of keeping the MLAs together was to drill morality into them and also their responsibility to the party on whose ticket they won their Vidhan Sabha elections,” said Gehlot.



Half of world’s children affected by violence: UN report

Half of the world's children, or approximately 1 billion, are affected by physical, sexual or psychological violence, suffering injuries, disabilities and death, because countries have failed to follow established strategies to protect them, said a UN report.The Global Status Report on Preventing Violence Against Children 2020, which covered 155 countries, found that while 88 % of countries have key laws in place to protect children, only 47 % said they were strongly enforced, reports Xinhua news agency.The report published on Thursday also included the first-ever global homicide estimates for children under 18 years of age.It found that around 40,000 children were victims of homicide in 2017.IANS

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