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Wed, 26 September 2018
Congress social media chief booked for 'insulting' PM in tweet

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23:34   Congress social media chief booked for 'insulting' PM in tweet
Congress social media chief Divya Spandana has been booked for allegedly posting an 'insulting' tweet against Prime Minister Narendra Modi, a police official said on Wednesday.

A case was registered on Tuesday at the Gomtinagar Police Station in Lucknow, he said.

"An FIR was registered against Divya Spandana under the Information Technology Act and relevant sections of the IPC," said Gomtinagar SHO D P Tiwari.

The FIR was lodged on a complaint by lawyer Syed Rizwan Ahmed, who alleged that Spandana tweeted an 'utterly insulting' post against the prime minister, he said.

In the complaint, Ahmed alleged that the post had the 'potential to instigate hatred against Modi', the official added.

There was no immediate comment by the Congress.  -- PTI
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22:27   Top LeT commander, responsible for killing Major, gunned down
A top Lashker-e-Tayiba terrorist of Pakistani origin, who was responsible for gunning down Army Major Satish Dhayia, was among two terrorists killed in an encounter in the apple town of Sopore in North Kashmir early Wednesday, police said.

With these deaths, the number of ultras killed in the past 12 days in Kashmir has gone up to 18, they said.

Abu Maaz, who had been active since 2015, was killed, along with Abdul Majeed alias 'Sameer', a resident of Bomai in Sopore, they said.

Giving details, the police said during the intervening night of Tuesday and Wednesday a joint search operation was launched with para-military forces and army following a credible intelligence input about the presence of terrorists in the Nowpora area of Tujjer in Sopore.

"During the searches, hiding terrorists fired on the search party, which was retaliated leading to an encounter. In the ensuing encounter, two terrorists were eliminated," a police spokesman said.

"On the basis of materials recovered, one of the slain terrorists has been identified as Abu Maaz of Pakistani origin who had been operating as the top commander of LeT in north Kashmir," the spokesman said.

The spokesman said Maaz was involved in a series of attacks on security forces and killings of civilians. He was active in North Kashmir, particularly Sopore and Handwara.

Maaz had masterminded an attack on an Army convoy in Handwara in February last year, in which 31-year-old Major Satish Dhaiya was killed.

Three terrorists -- Abu Saad, Abu Maviya and Abu Darda -- were killed in that encounter, but Abu Maaz had managed to escape after gunning down the Army Major.

Since then, he was among the most wanted terrorists in North Kashmir.

With these two deaths, the number of terrorists killed in the past 12 days in Kashmir has gone up to 18.   -- PTI

Image for representation only.
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22:01   Self-styled godman Phalahari Maharaj gets lifer for sexual assault
A court in Rajasthan's Alwar district on Wednesday sentenced 70-year-old self-styled godman Kaushlendra Prapanacharya Phalahari Maharaj to life imprisonment for sexually assaulting a 21-year-old woman.

Additional Sessions Judge Rajendra Sharma also imposed a fine of Rs 1 lakh on him.

Defence counsel Ashok Sharma said they will appeal against the order in the higher court.

Maharaj was booked by Alwar police in September last year following a complaint by the woman, in which she alleged that the godman sexually assaulted her when she visited his ashram to donate money.

The woman, a resident of Bilaspur in Chhattisgarh, had got an internship after completing her law studies and visited the ashram on August 7 last year.

Following the complaint, a case was registered against the godman under Indian Penal Code sections 376 (rape) and 506 (criminal intimidation). He was arrested on September 20 last year.

Later, Maharaj was was subjected to virility test for forensic examination.

Prior to his arrest, the police had thoroughly searched his room at his ashram in Alwar and seized laptops, CDs and other gadgets and CCTV camera grabs.

The police presented the chargesheet in the court in October last year.

The accused had got himself admitted to a private hospital to evade arrest after the woman lodged the complaint against him.  -- PTI
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21:11   Ministers to meet to discuss impact of Aadhaar verdict
The government will hold inter-ministerial consultation to assess the impact of the Supreme Court judgment on Aadhaar and action will be taken thereafter, Law and IT Minister Ravi Shankar Prasad said on Wednesday.

"The government will take a comprehensive view as to what is doable and required to be done. Obviously this will require inter-ministerial consultation at the highest level," Prasad told reporters today.

The apex court while holding Aadhaar scheme as constitutionally valid struck down section 57 of the Aadhaar Act which is about permission of allowing use of the 12-digit unique ID number by private entities.

The section 57 of the act says "Nothing contained in this Act shall prevent the use of Aadhaar number for establishing the identity of an individual for any purpose, whether by the State or any body corporate or person, pursuant to any law, for the time being in force, or any contract to this effect".

Prasad termed the judgement as historic and said that the order promotes cleanliness in financial administration.

He said that judgement found linking of Aadhaar with pan card valid.

"Entire implications of the judgement will have to be examined by respective department. Thereafter structure view will be taken," Prasad.

When asked that if individuals can get their Aadhaar details deleted from the database of bank and telecom companies, Prasad said that their enough security safeguards already in place in the act to prevent misuse of the data collected by private entities.

"Any authentication was done by private company it was done for specific purpose. They were required to maintain sanctity of that storage. Any misuse of that storage is punishable with 3 years imprisonment and 10 lakh in fine," Prasad said.

The government had issued directions to telecom companies and banks to verify their customers with the help of Aadhaar.

The directions for telephone connections was withdrawn later after the apex court said that it never mandated Aadhaar-based verification for telecom subscribers.

An IT ministry source, however, said, "In the light of judgement they can surely withdraw it. The method will be decided by the Department of Telecom."  -- PTI
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19:53   AC, fridge, washing machine to cost more as govt hikes import duty
The government on Wednesday hiked customs duties on as many as 19 items, including jet fuel, ACs and refrigerators, effective midnight as it aims to curb imports of non-essential goods.

Total import bill on account of shipment of these items into the country last fiscal was Rs 86,000 crore, the Finance Ministry said in a statement.

The other items include washing machines, speakers, radial car tyres, jewellery items, kitchen and tableware, certain plastic goods, and suitcases.

'The central government has taken tariff measures, by way of increase in the basic customs duty, to curb import of certain imported items. These changes aim at narrowing the current account deficit (CAD) ... In all the customs duty has been increased on 19 items,' the ministry said.

The import duty was doubled to 20 per cent on ACs, refrigerators and washing machines (less than 10kg).

These changes in the rates of basic customs duty will be effective from midnight of September 26-27.

Curbing non-essential imports was part of the five-pronged steps announced by the government to check widening current account deficit and capital outflows.

The CAD, the difference between inflow and outflow of foreign exchange, widened to 2.4 per cent of GDP in the April-June quarter.  -- PTI
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19:40   SC to decide on case related to Ayodhya dispute tomorrow
The Supreme Court is likely to pronounce its verdict tomorrow on a case related to the Ayodhya matter.

The apex court will decide whether theIsmail Farooqui judgment, in which it was said that mosque is not integral part of Islam, will go to a larger Constitution bench or not.

A three-judge bench headed by the CJI had reserved its order on whether to refer to a larger Constitutional Bench its 1994 order which said that 'offering namaz at mosques is not an integral part of Islam'.

This is part of the court's judgment on pleas against the 2010 verdict of the Allahabad high court that divided the disputed land into three parts.  -- ANI/PTI
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19:23   Aadhaar architect Nilekani hails SC order
Nandan Nilekani, the architect of Aadhaar, the unique biometric data-based identification scheme, on Wednesday hailed the Supreme Court's ruling upholding its constitutional validity, saying the government's flagship project was critical to meeting the development goals.

He also insisted that the scheme was inclusive and not exclusive.

'Aadhaar is a unique identity project that is critical to the developmental goals of the nation,' Nilekani, former chairman of the Unique Identification Authority of India, tasked with the job of issuing Aadhaar cards, tweeted.

'This is a landmark judgement in favour of #Aadhaar. Aadhaar includes, it doesn't exclude,' he said in a series of tweets after the Supreme Court order.

Nilekani, the co-founder and non-executive chairman of information technology giant Infosys, said the court had 'unequivocally validated' the founding principles of Aadhaar.

He said the resident was once again recognised as being at the heart of the project, and they have gained new rights that help them assert their ownership over their data.

Nilekani said the scheme has undergone the 'ultimate scrutiny' in the highest court, and a lot of recommendations have been incorporated.

Through the democratic process of discussion and debate, the nation has created a 'better and stronger' Aadhaar together, he said.  -- PTI
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19:02   Cong to move SC again on passage of Aadhaar law as money bill
The Congress on Wednesday said it will approach the apex court to reconsider the plea against passage of the Aadhaar legislation as a money bill.

The opposition party said by scrapping the 'draconian' Section 57 and the national security exception in the Aadhaar Act, the Supreme Court firmly put an end to a 'mass surveillance exercise' being carried out under the guise of Aadhaar by the central government and the 'grotesque distortion' of an idea conceived by the previous United Progressive Alliance dispensation.

Congress leader Kapil Sibal also expressed satisfaction over exclusion of private companies from Aadhaar project and said the idea to involve private companies was not just 'undemocratic' but was against the spirit of democracy.

The Congress party and its leader Jairam Ramesh had challenged the passage of the bill in the House as Money Bill.

"We will approach a seven-judge bench to consider this verdict again as this is clearly not a Money Bill," he said.

Sibal said the party will certainly move the court if amendments in the Aadhaar Act to be brought after this verdict are not brought in Rajya Sabha for discussion.

"If the government does not bring the Act to the Rajya Sabha for amendments, we will definitely move the Supreme Court," he told reporters.

The former Union minister alleged that the law violates fundamental right to privacy and is a gross abuse of the Money Bill route.   -- PTI
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18:24   UIDAI sees victory in SC judgement, says pvt usage restricted
The UIDAI Wednesday termed the Supreme Court judgement, which upheld Aadhaar as a constitutionally valid scheme, as a victory. The Unique Identification Authority of India CEO Ajay Bhushan Pandey told PTI that the 4:1 apex court judgement announced Wednesday is in favour of Aadhaar.


"It is 4:1 judgement in favour of Aadhaar. The court has declared Aadhaar constitutionally valid. It is a money bill. It can be used for pan card. It empowers poor and marginalised section. Aadhaar can be used for subsidies and government schemes so that there is no leakage of government funds. It can be used for income tax so that tax evasion and black money can be curbed," Pandey said.


The Supreme Court Wednesday declared the Centre's flagship Aadhaar scheme as Constitutionally valid. The apex court's five-judge Constitution bench headed by Chief Justice Dipak Misra said Aadhaar is meant to help benefits reach the marginalised sections of the society and takes into account the dignity of people not only from personal but also from community point of view.


Justice Sikri struck down Section 57 of Aadhaar Act permitting private entities to avail Aadhaar data and ruled that Aadhaar authentication data cannot be stored for more than six months. Reacting to the court order of annulling section 57, Pandey said: "The court has restricted private usage (of Aadhaar) without any backing of Law. Same has been suggested by Justice Shrikrishna Committee". The top court said Aadhaar is serving much bigger public interest and Aadhaar means unique and it is better to be unique than being best. There are three sets of judgements being pronounced on the issue.
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17:42   Sensex skids as wary investors weigh macro, liquidity risks
Benchmark Sensex settled with losses in a choppy session Wednesday as buying sentiment remained subdued amid liquidity concerns in the NBFC space.


Investors also remained on the sidelines ahead of US Federal Reserve's policy outcome as well as expiry of September derivative contracts Thursday, brokers said.


On the global front, crude oil traded above USD 81 per barrel while the trade spat between the US and China showed no signs of easing. The BSE Sensex tumbled 109.79 points to 36,542.27, and the broader NSE Nifty shed 13.65 to close at 11,053.80. IT and FMCG counters came under robust selling pressure, while stock-specific action was seen in banking and financial service sectors.


The 30-share Sensex touched a high of 36,938.74 at the outset after domestic investors pressed on with buying. However, it soon turned choppy and hit a low of 36,357.93. It finally closed lower by 109.79 points, or 0.30 per cent, at 36,542.27. The NSE Nifty closed lower by 13.65 points, or 0.12 per cent, at 11,053.80. Intra-day, it shuttled between 11,145.55 and 10,993.05. -- PTI
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17:36   Mamata blames BJP for students' deaths that led to bandh
West Bengal Chief Minister Mamata Banerjee Wednesday alleged that the BJP was behind the killing of the two students in North Dinajpur district and is now trying to derive political mileage out of the issue by calling a bandh.


She blamed the BJP for trying to disturb peace during its 12-hour shutdown and praised the state administration for "foiling attempts" to disrupt normal life in Bengal.


Banerjee, who is in Italy's Milan on an official tour, termed the shutdown as a "complete failure" as the people of Bengal have rejected the "culture of shutdown and bandhs".


She asked police to act as per the law passed by the state Assembly which empowers the administration to seek compensation from political parties for losses and damages during political agitation or shutdown.


Attacking the BJP, she said, "They themselves (BJP) have killed two students and now are trying to derive political benefits from it. Why are they mum on farmers' suicides in Madhya Pradesh and Rajasthan? Why are they mum on the encounter killings in Uttar Pardesh?"


"If you are in politics then you have some responsibility towards the society. Being in politics doesn't mean that you can go scott free by unleashing violence," she said.


The chief minister claimed the attendance in government offices, schools is more than 95 per cent. The normal life has not at all been affected in the state.


"We are very much opposed to this culture of shutdown and bandh. This culture has ruined Bengal for the last so many years. Now BJP too is trying to follow this disruptive politics," she said. -- PTI
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17:11   Tomy could be shifted to Mauritius for treatment tomorrow
Commander Abhilash Tomy, undergoing treatment in a remote Indian Ocean island after being rescued mid-sea, will possibly be taken to Mauritius when naval vessel INS Satpura reaches him on Thursday.

A defence official said the vessel is expected to reach Ile Amsterdam, a French territory, on Thursday and the Indian crew will meet Tomy, a Kirti Chakra awardee.

The 39-year-old sailor had reached there on Tuesday after being rescued by a French vessel, the official said.

His non-motorised sailing yacht was damaged in a storm Friday while competing in the Golden Globe Race.

A Navy official said Wednesday their priority was to shift Tomy to Mauritius, where the Indian Navy has physical presence.

"He will be taken a hospital, and if permitted he would be flown back to India," he said.

A defence spokesman said Tomy has suffered some 'blunt injuries' but there is no sign of permanent damage to any body part.

"The decision on shifting him back to India will be taken only after his thorough medical check-up at Mauritius," he said.

Vice Admiral Ajit Kumar P, the vice chief of Naval staff, spoke to Tomy.

"He is doing fine and recovering fast under medical supervision. His medical reports are also fine," he said.

Navy spokesperson D K Sharma said options were open on making arrangements to shift him to India.

Tomy's mentor and race manager Commander (Retd) Dilip Donde had said earlier the sailor was stable and in safe hands at the tiny island which had sound medical facilities.

The island does not have an air strip and Tomy would have to be taken by the sea route itself to either Mauritius, the Reunion Island or Australia, he had said.   -- PTI
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16:37   Vadra breaks silence, calls BJP's charges 'a wholesale farce'
UPA chairperson Sonia Gandhi's son-in-law Robert Vadra on Wednesday broke his silence on the charges of corruption levelled against him by the BJP and said the ruling party had been indulging in a "baseless political witch-hunt" against him for the last four years.   

The ruling party rakes up his name every time it is cornered and this time it stands exposed on the Rafale issue, he said, describing the situation as a "wholesale farce".   

"Having all the agencies under their beck and call.... No one knows better than the present government and the BJP that they have indulged in a baseless political witch hunt against me for the last 4 years.   

"Instead they should man up with their 56'' chests and tell the nation the truth about the RAFALE deal, rather than hiding behind a bunch of lies that the people are fed up of hearing them repeat," Vadra said in a statement.   

The BJP had dragged the Gandhi family into the intensifying political row over the fighter aircraft deal, with Union minister Gajendra Shekhawat alleging that the UPA government had called off the multi-billion dollar deal after a private company linked to Vadra was not chosen as a broker. 
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16:14   Thank you SC for supporting Congress vision: Rahul on Aadhaar verdict
Congress president Rahul Gandhi has termed the Supreme Court verdict on Aadhaar as support to the Congresss vision. 

Reacting hours after the verdict, the Congress chief also said that Aadhaar was a tool BJP intended to use to oppress people.

For Congress, Aadhaar was an instrument of empowerment. For the BJP, Aadhaar is a tool of oppression and surveillance, Gandhi tweeted. Thank you Supreme Court for supporting the Congress vision and protecting, he added.

Earlier today, the Supreme Court held as constitutional the validity of Aadhaar. However, it struck down some of its key provisions which included its linking with bank accounts, mobile phones and for school admissions.

His party too welcomed the verdict terming it a slap on BJPs face. We welcome the Supreme Courts decision to strike down Section 57 of the Aadhaar Act. Private entities are no longer allowed to use Aadhaar for verification purposes, the Congress said. 

Slap on the face of BJP. Justice Sikri judgement strikes down Section 57 of Aadhaar Act, 2016, which says private body corporates can seek Aadhaar data. Says its unconstitutional, said Congress leader Abhishek Manu Singhvi in a tweet.
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15:39   Congress cuts a very sorry figure: Jaitley on Aadhaar verdict
Finance Minister Arun Jaitley on the Aadhaar verdict: "It is a historic order, Aadhaar's concept has been accepted after judicial  review. We welcome this decision of the Supreme Court.


"Congress cuts a very sorry figure here, they introduced the idea but they did not know what to do with it. Everyone who has been criticizing Aadhaar should understand that they cannot defy technology. Mainstream should accept changes, one can understand the fringe being against."


Amitabh Kant, CEO, Niti Aayog, also lauded the verdict saying it is a good and progressive judgement. "It will bring efficiency in the country. The Supreme Court has said that this (Aadhaar) has stood the test of constitutionality."


The Supreme Court on Wednesday declared the Centres flagship Aadhaar scheme as constitutionally valid but struck down some of its provisions including its linking with bank accounts, mobile phones and school admissions.

A five-judge constitution bench headed by Chief Justice Dipak Misra held that while Aadhaar would remain mandatory for filing of Income Tax returns and allotment of Permanent Account Number, it would not be mandatory to link Aadhaar to bank accounts and the telecom service providers cannot seek its linking for mobile connections. Read the full verdict here
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15:03   Four children killed in building collapse in northwest Delhi
Four children and a woman were killed and at least seven injured after a four-storey building collapsed in northwest Delhi's Ashok Vihar Wednesday, police said. The injured have been rushed to Deep Chand Bandhu Hospital where a woman's condition is stated to be critical. The ground floor of the building housed a shop, which was closed while the first floor was vacant. A family lived on the second floor of the building. Two of the children, who were killed in the incident were brothers, aged around 10 years, and lived on the second floor. Two families were living on the third floor. The second family living on that floor lost its children -- a boy and his sister aged below five. The fourth floor was inhabited by a couple -- Narottam and Nisha. Nisha is critical, the police said. Some people are still feared trapped under the debris and rescue teams are working at the spot, the police said. -- PTI
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14:58   SC verdict on Aadhaar victory of people: Mamata
West Bengal Chief Minister Mamata Banerjee welcomed Wednesday the Supreme Court's verdict on Aadhaar, and termed it as a victory of the people. Banerjee is in Milan, Italy, where is on an official tour.


"Days of the BJP government are over in the country," the chief minister added. The apex court on Wednesday declared the Centre's flagship Aadhaar scheme as constitutionally valid, but struck down some of its provisions including linking with bank accounts, mobile phones and school admissions. -- PTI
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14:17   50% of PANs linked to Aadhaar
Over 21.08 crore permanent account numbers (PANs) have been linked with Aadhaar till now, a latest data revealed as the Supreme Court upheld the validity of the linkage between the two databases Wednesday.


As per official figures accessed by PTI, a total of 21,08,16,676 PANs issued by the Income Tax Department have been linked with Aadhaar till Monday.


The total operational or issued PANs are over 41.02 crore as per the same timeline, the data said. "The deadline for the PAN-Aadhaar linking has already been extended by the CBDT to March 31 next year, as per an order issued on June 30 this year," a senior official said.


As per the latest data, out of the over 41.02 crore PANs issued, an overwhelming number of more than 40.01 crore PANs are held by individuals.


The rest are in the name of companies and other categories of tax payers, the official said, adding the figure reflects that about 50 per cent of the PANs have been linked with Aadhaar till now.


The deadline to link the two databases has been extended five times in the past in view of the apex court order to keep it open till a five-judge constitution bench delivers its judgment on petitions challenging the validity of the biometric scheme and the enabling law. That judgement came on Wednesday and the court has upheld the linking of the two databases. -- PTI
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13:42   Aadhaar verdict big victory for pro-poor Modi govt: BJP
The BJP Wednesday described the Supreme Court judgement on Aadhaar as a big victory for the "pro-poor Modi government", saying the apex court has upheld the constitutional validity of the scheme and asserted that it does not violate privacy.


BJP spokesperson Sambit Patra also hit back at the Congress after it projected the verdict as a slap on the face of the ruling party, saying the order has in fact exposed the opposition party.


The Congress favoured middlemen while the Modi government brought Aadhaar to ensure that benefits are given directly to people, he said. That is why, Patra added, the Congress had moved the apex court against it. The court has ruled that Aadhaar is safe, he said.


"We see it as a big victory of the Modi government, the pro-poor Modi government. The Supreme Court has upheld the constitutional validity of Aadhaar and has also said that it does not violate privacy," Patra said.


He said the court has noted that Aadhaar gives strength to the poor. The Supreme Court like the Modi government has stood with the poor of the country, the BJP leader said.


A majority verdict by Chief Justice Dipak Misra and Justices A K Sikri and A M Khanwilkar declared the Centre's flagship Aadhaar scheme constitutionally valid but struck down some of its provisions, including its linking with bank accounts, mobile phones and school admissions.


The top court said Aadhaar serves a bigger public interest. Aadhaar means unique and it is better to be unique than be the best, it said. -- PTI
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13:35   SC dismisses plea challenging Justice Gogoi's appointment as next CJI
The Supreme Court on Wednesday dismissed a plea challenging the appointment of Justice Ranjan Gogoi as the next Chief Justice of India, saying the petition was "devoid of merits".


A bench of Chief Justice Dipak Misra and Justice A M Khanwilkar and D Y Chandrachud said "We are of the view that it is not the stage to interfere (with the appointment)."


The petition against Justice Gogoi's appointment as the next CJI was filed by two lawyers. In their plea, advocates R P Luthra and Satyaveer Sharma had said they were seeking adjudication of the question of law relying on the contents of the press conference of January 12, called by four senior judges (Justices Chelameswar (since retd), Ranjan Gogoi, Madan B Lokur and Kurian Joseph) of the apex court.


The plea had said the petitioners were also relying on an undated letter addressed to the Chief Justice of India and circulated by the four apex court judges.


"This act of the four senior-most judges of the court was not less than a sabotage to the judicial system of the country. They tried to arouse public furore in the country in the names of certain internal differences in this court," the plea had alleged. -- PTI


Image: Justice Ranjan Gogoi, right, with now retired Supreme Court Justice Jasti Chelameswar.
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12:54   SC nod to live streaming of court proceedings
SC agrees to live-streaming of court proceedings. Says, "sunlight is the best disinfectant," while allowing live streaming of court proceedings. The court said necessary rules for balancing rights of public and protecting dignity of litigants will be placed soon. "Live-streaming of court proceedings will effectuate "public right to know" and bring in more transparency in judicial proceedings," the apex court said.
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12:50   Justice Bhushan's concurs with majority verdict
This is Justice Ashok Bhushan's judgment.

There are three sets of judgments being pronounced on the issue.
The first of the three verdicts was pronounced by Justice A K Sikri who wrote the judgment for himself, CJI Dipak Misra and Justice A M Khanwilkar.

Justice Ashok Bhushan concurred with the majority verdict, while Justice Chandrachud dissented.

Justice Bhushan said:

-- Aadhaar Act does not create a framework for surveillance.

-- Agreed with the view that there was no need to seed Aadhaar with mobile numbers.

-- The decision of terming Aadhaar Act as Money Bill was not open to judicial review.

-- Seeking biometric details does not violate right to privacy.
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12:34   Justice Chandrachud only dissenting voice in 4:1 Aadhaar verdict
In a 4:1 majority judgment, the apex court's five-judge Constitution bench headed by Chief Justice Dipak Misra declared the Centres flagship Aadhaar scheme as Constitutionally valid. The bench said it is meant to help benefits reach the marginalised sections of the society and takes into account the dignity of people not only from personal but also from community point of view.

There are three sets of judgments being pronounced on the issue.

The first of the three verdicts was pronounced by Justice A K Sikri who wrote the judgment for himself, the CJI and Justice A M Khanwilkar.

Justice Ashok Bhushan concurs with the majority verdict of CJI, Justices Sikri and Khanwilkar, but Justice DY  Chandrachud dissents, striking  down Aadhaar.  He said in the current form Aadhaar Act cannot be held to be Constitutional.

This is what Justice Chandrachud says:

Security concerns: -- Constitutional guarantees cannot be left to risks posed by technological advancements.

--  Absence of indepedent regulatory framework compromises data protection.

-- Aadhaar Act therefore cannot pass tests under Article 14.

-- Allowing private players to use Aadhaar will lead to profiling which could be used in ascertaining political views etc of citizens.


-- Mandating Aadhaar for benefits and services under Section 7 would lead to a situation in which citizens will not be able to live without Aadhaar. Hence, Section 7 is arbitrary and unconstitutional.

-- Justice Chandrachud comes down on Central government for passing notifications on Aadhaar in violation of interim orders of SC.

-- Propriety demands that Centre should have approached this Court for variation of its orders.

-- Enactment of Aadhaar Act does not save the Aadhaar scheme of the Centre. Bypassing Rajya Sabha to pass Aadhaar Act amounts to subterfuge.

-- Justice Chandrachud favours deletion of consumers' Aadhaar data by mobile service providers.
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11:56   Aadhaar as money bill is fraud on Constitution: Justice Chandrachud dissents
Justice DY Chandrachud dissents on Aadhaar Act as money bill. The decision to treat a bill as a money bill is amenable to judicial review, Justice Chandrachud says. Passing of the Aadhaar Act as money bill when it does not qualify as a money bill is a fraud on Constitution, violates basic structure.


A Money Bill refers to a bill (draft law) introduced in the Lok Sabha which generally covers the issue of receipt and spending of money, such as tax laws, laws governing borrowing and expenditure of the Government, prevention of black money etc.
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11:45   Robust data protection regime has to be in place: SC
Aadhaar verdict: The Supreme Court says:

On Aadhaar security: -- There is no possibility of obtaining a duplicate Aadhaar card. 

-- There is sufficient defence mechanism for authentication in Aadhaar scheme.

-- Robust data protection regime has to be brought in place as early as possible,

-- SC says Aadhaar authentication data cannot be stored for more than six months.

-- SC says there  is nothing in Aadhaar Act that violates right to privacy of individual.


The court also says the concept of human dignity has been enlarged in the judgement.

The Constitution Bench also strikes down the National security exception under the Aadhaar Act. 

The court directs the government not to give Aadhaar to illegal immigrants. 

It also says no child can be denied benefits of any schemes on not being able to bring their Aadhaar number. 
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11:35   Aadhaar cannot be mandatory for mobile connections
This is very important: The Court upholds Section 139AA mandating linkage with PAN.


The Supreme Court has said that Aadhaar cannot be mandated for opening of bank accounts.


Aadhaar cannot be mandatory for mobile connections; DoT notification to that effect unconstitutional. 
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11:33   Banks-Aadhaar link struck down, link to Pan card upheld
Aadhaar verdict: Benefits and services under Section 7 should be of the nature of welfare schemes targeted at a particular deprived community. CBSE, NEET etc cannot mandate Aadhaar.


Supreme Court turns down argument on exclusion. Lot of people who will benefit due to inclusion cannot be denied due to exclusion of few; can't throw baby out with bathwater, the Supreme Court said.


School admissions not a benefit under Section 7, Aadhaar cannot be mandated for the same, Supreme Court. NO child shall be denied benefits for want of Aadhaar, which means Aadhaar not compulsory for school admissions.


Aadhaar can be passed as a money bill.


Bank account linking to Aadhaar cards has been set aside -- this includes both private and public sector banks, but Pan card linking to Aadhaar cards  has been upheld.
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11:23   Aadhaar Constitutionally valid, but pvt cos can't seek details: SC
The Supreme Court Wednesday declared the Centre's flagship Aadhaar scheme as Constitutionally valid. The apex court's five-judge Constitution bench said Aadhaar means unique and it is better to be unique than being best. The first of the three judgements was pronounced by Justice A K Sikri. Justice Sikri pronounced the judgement for himself, Chief Justice Dipak Misra and Justice A M Khanwilkar.


However, Section 57 of Aadhaar Act which enables corporate bodies to seek authentication is unconstitutional, says the Supreme Court. This means private entities like cellphone companies, mutual fund companies, private schools, private hospitals, cannot ask for Aadhaar validation.
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11:18   Aadhaar Constitutionally valid: SC
The Supreme Court has declared that Aadhaar is Constitutionally valid. Justice AK Sikri has authored the judgement on behalf of him, CJI Dipak Misra and Justice Khanwilkar. Justice Chandrachud and Justice A Bhushan have written their individual opinions.


Excerpts of the court observations.


Supreme Court Justice Sikri while reading out verdict on constitutional validity of Aadhaar said there is a fundamental difference between Aadhaar card and identity. Once the bio-metric information is stored, it remains in the system. Justice Sikri said it is secure and there is no possibility of obtaining a duplicate card. He said Aadhaar gives identitity to the poor.



-- It is better to be unique than being best; Aadhaar means Unique.

-- Attack on Aadhaar by petitioners is based on violation of rights, will lead to a surveillance State.

-- SC says there has been minimal demographic and biometric data collected by UIDAI for Aadhaar enrollment.

-- Unique identification proof also empowers and gives identity to marginalised sections of society, says SC.


The five-judge bench is hearing the case on May 10 after a 38-day hearing.
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10:55   No need for SC/ST quota in promotions: Supreme Court
A five-judge bench of the Supreme Court has said there is no need for a SC/ST quota in promotions to government employees. The bench also said there is no need for a seven-judge bench to reconsider the court's 2006 judgment which had placed conditions for granting quota benefits in job promotions to SC/ST employees. 


A five-judge Constitution Bench headed by Chief Justice Dipak Misra pronounced the verdict. The bench, also comprising Justices Kurian Joseph, RF Nariman, SK Kaul and Indu Malhotra, had reserved its verdict on August 30 after hearing various stakeholders, including the Centre, on the matter.


A five-judge Constitution Bench, in its 2006 verdict in the M Nagraj case, had said the states are bound to provide quantifiable data on the backwardness of Scheduled Castes (SC) and Scheduled Tribes (ST), the facts about their inadequate representation in government jobs and the overall administrative efficiency, before providing quota in promotions to members of these communities.


The court today said that the 2006 verdict in the Nagraj case putting conditions for granting quota in job promotions for SC/STs need not be referred to 7 judges. The court also turns down the Centre's plea that overall population of SC/ST be considered for granting quota for them. It said states need not collect quantifiable data on backwardness of SC/ST for giving quota in job promotion to SC/ST employees.


The court did not comment on two other conditions given in 2006 verdict which dealt with adequacy of representation of SC/ST in promotion. MOre details awaited.

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10:31   Sensex, Nifty turn choppy ahead of US Fed policy outcome
The benchmark Sensex turned choppy after surging over 200 points in early trade Wednesday, ahead of US Federal Reserve's policy outcome due later in the day amid mixed global cues. Investors were cautious ahead of the expiry of September derivative contracts Thursday.


The BSE 30-share barometer slipped in the negative terrain after advancing 200.76 points. It was trading 39.75 points lower at 36,612. The gauge had gained 347.04 points in the previous session. The NSE Nifty fell to 11,068.


FMCG, oil and gas and IT stocks led the decline in the market. While, metal and pharma shares led the gainers' pack.


On Sensex, Wipro, ITC, HUL, ONGC, Kotak Bank, Maruti and Tata Motors were among the top losers, falling up to 2 per cent. On the other hand, Yes Bank emerged top gainer by rising 2.34 per cent after the board on Tuesday sought at least a three-month extension for MD and CEO, Rana Kapoor, from RBI beyond January 31, 2019.


Other gainers include Tata Steel, M&M, Axis Bank, Sun Pharma, HDFC Bank, Bharti Airtel and HDFC, rising up to 1.73 per cent. Brokers said investor sentiment turned choppy on selling by foreign institutional investors ahead of the September month derivatives expiry Thursday. Investors were also awaited policy cues from the US Federal Reserve, which is widely expected to raise interest rates, they added. -- PTI
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10:04   Badminton stars Saina, Kashyap to tie the knot in December
If a report in the Times of India is true then Saina Nehwal, and Parupalli Kashyap, India's badminton stars, will be tying the knot in December. 

The Times of India report states that the marriage will take place on December 16. It is planned to be a private affair with only about 100 people attending. The bigger festivities will unfold later that week with a grand reception slated for December 21.

"Both families had been planning the wedding for a while now. Now they have finalised the date. The arrangements are all for December 16," a source close to the couple was quoted as saying to ToI. 
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09:59  
Police have arrested 24 bandh supporters from Bagdogra and Naxalbari areas. BJP has called for a 12-hour bandh in West Bengal today, in protest against the death of two students in a clash with police in North Dinajpur's Islampur 
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09:51   Should court proceedings be live-streamed? SC ruling today
The Supreme Court is to pronounce on Wednesday the verdict on a clutch of petitions seeking live streaming and video recording of court proceedings across the country.

A bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud had reserved its verdict on August 24, saying it wanted to implement the concept of "open court" to decongest the courtrooms.

Attorney General KK Venugopal, appearing for the Centre, had said that live streaming could be introduced as a pilot project in the Chief Justice of India's court on matters of constitutional importance and had submitted suggestions on the guidelines for live streaming of court proceedings. 

"We don't perceive any difficulty in live streaming. Let us first start with it and see how it goes. We are just on a pilot project. We are not ruling out anything and will improve with time. We cannot have everything together," the bench had observed.

The bench was hearing petitions including those filed by senior advocate Indira Jaising, law student Snehil Tripathi and NGO 'Centre For Accountability and Systemic Change' on the issue.
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09:41   Rahul Gandhi wishes Manmohan Singh on his birthday
Congress president Rahul Gandhi wished former prime minister Manmohan Singh on his birthday on Wednesday and appreciated his selfless service to the cause of nation building.
   
He was born in Gag, now in Pakistan, on September 26, 1932.

"Manmohan Singh ji's birthday is an opportunity for us to appreciate and remember his many years of selfless service and dedication to the cause of nation building. I wish him a very happy birthday and good health and happiness always," Gandhi said on Twitter.

Singh is an economist who became a politician and was the country's prime minister from 2004 to 2014.

He has served in various positions, including as RBI chairman and finance minister. 

-- PTI
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09:11   I wasn't in-charge when Rafale agreement was reached: Macron
French President Emmanuel Macron has said that the Rafale deal was a "government-to-government" discussion and he was not in power when the multi-billion dollar agreement for 36 fighter jets was signed between India and France.

Addressing a press conference on the sidelines of the UN General Assembly session, Macron was asked if the Indian government had at any point told France or Dassault - the French aerospace major - that they had to accept Reliance as the Indian partner for the Rafale deal.  

India had inked an inter-governmental agreement with France in September last year for procurement of 36 Rafale fighter jets at a cost of around Rs 58,000 crore, nearly one-and-a-half years after Prime Minister Narendra Modi announced the proposal during a visit to Paris. The delivery of the jets is scheduled to begin from September, 2019.

"I will be very clear. It was a government-to-government discussion and I just want to refer to what Prime Minister (Narendra) Modi very clearly said a few days ago," Macron, who became French President in May last year, told reporters Tuesday without elaborating.

"I don't have any other comment. I was not in charge at that time and I know that we have very clear rules," he said in his first comment on the issue.

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08:35   Judiciarys primary duty to save secular spirit of Constitution: Manmohan Singh
The armed forces are a splendid embodiment of the country's "secular project" and it is vitally important that they remain "uncontaminated" from any sectarian appeal, former prime minister Manmohan Singh said.

The senior Congress leader also said the judiciary should not lose sight of its primary duty to protect the secular spirit of the Constitution as the task has become much more demanding with political disputes and electoral battles turning out to be increasingly over-laced with religious overtones and prejudices.

"The judiciary needs to arrive at its own enlightened view of its custodianship of the Constitution-irrespective of the irresponsible and selfish politicians who have no qualms in injecting communal virus in our body politic," he said while delivering the second A B Bardhan memorial lecture on Tuesday.

Talking about the importance of the Election Commission in India's democratic framework, Singh said it must ensure that religion, religious sentiments and prejudices do not get worked into election discourse. 

"As the custodian of the integrity of the electoral process, it is incumbent upon the Election Commission to see to it that religion and religious sentiments and prejudices do not get worked into the election discourse," he said. 

"The Commission must be thinking of rolling back the easy acceptance of over-manipulation of religious imagery," the senior Congress leader said.

-- PTI
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07:56   Aadhaar verdict @10.30 am: SC to decide on validity
The Supreme Court will pronounce its crucial verdict at 10.30 am today on a batch of pleas challenging the constitutional validity of Centre's flagship Aadhaar scheme and its enabling 2016 law.
  
A five-judge constitution bench headed by Chief Justice Dipak Misra had on May 10 reserved the verdict on the matter after a marathon hearing that went on for 38 days, spanning four-and--a-half months.

As many as 31 petitions, including one by former high court judge K S Puttaswamy, have been filed in the matter.

When the judgment was reserved by the court, Attorney General K K Venugopal had told the bench, which also comprised Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan, that this matter had become the "second longest" one in terms of days of hearing after the historic Kesavananda Bharati case of 1973.

A key argument against the Aadhaar scheme is that it isviolative of the nine-judge bench verdict that had held that Right to Privacy is a fundamental right under the Constitution.

The Centre, the Unique Identificaiton Authority of India, the governments of Maharashtra and Gujarat and the RBI had argued in favour of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits And Services) Act, 2016 and were represented by the Attorney General, Additional Solicitor General Tushar Mehta, senior advocates Rakesh Dwivedi and Jayant Bhushan and lawyer Zoheb Hossain.

During the arguments, the Centre had strongly defended its decision to seed Aadhaar numbers with mobile phones, telling the top court that it could have been hauled up for contempt if the verification of mobile users was not undertaken by it.

However, the court had said that the government had misinterpreted its order and used it as a "tool" to make Aadhaar mandatory for mobile users.
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00:24   Bill Cosby sentenced to 3 to 10 years in prison
United States television icon Bill Cosby was sentenced to three to 10 years in prison by a judge on Tuesday and branded a 'sexually violent predator' for assaulting a woman at his Philadelphia mansion 14 years ago.

Convicted five months ago of drugging and molesting Andrea Constand, a former university basketball administrator, Cosby showed no reaction when Judge Steven O'Neill handed down the sentence in a court in Norristown, Pennsylvania.  -- Agencies
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00:10   Passenger tries to enter IndiGo plane cockpit to charge phone
In a bizzare incident, a drunk passenger tried to enter the cockpit of a Kolkata-bound IndiGo plane on Monday on the pretext of charging his mobile phone, according to a police official.

Following the incident, which happened when the aircraft was yet to take off, the 'unruly passenger' was offloaded and later taken to police station by the airline staff.

He was let off after questioning.

An IndiGo spokesperson said that while an aircraft was on the ground, an unruly passenger tried to enter the cockpit stating that his mobile needs to be charged.

'Following standard operating procedures the captain operating 6E-395 flight from Mumbai to Kolkata (September 24, 2018) had initiated the offloading of the passenger on grounds of security violation,' the spokesperson said in a statement.

Passengers are prohibited from entering the cockpit of a commercial flight.

An officer at airport police station in Mumbai said the person, who was around 35 years old, was taken to police station but was later let off after questioning.

"He was drunk and wanted to charge his mobile phone. So he moved towards the cockpit. Police did not find any offence against him to charge a case," the official said.  -- PTI

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