States affront to union, nothing but sedition !

Believe it or not, we seem to be drifting towards a civil war like situation. Going by the recent ugly incidents, mostly in the opposition ruled states and lackluster response from the Union government for whatever reasons, the inevitable conclusion one can draw is that the powers that be at the Centre are fittered by some sort of compulsions, including the self imposed.

Manipur is the classic example of the naked dance of hooliganism, lawlessness and anarchy. The foreign bred and India nurtured Jihadi elements have a full play of violence, arsoning and loot. The law abiding humble Manipuri citizens living in the plains are the victims.

The neighbouring state of West Bengal is the hot bed of violence. Almost for no reasons the goons of the Troon Mool Congress (TMC) open their Rampuri knives, swords and even crude bombs! Here also, obviously the victims are the innocent people who are not in the good books of the ruling TMC. The situation is no different in other opposition ruled states including Rajasthan, Himachal Pradesh, Karnataka, Tamilnadu and Kerala.

The situation in the border state of Punjab is, to say the least, horrible! The goose chase of the dignitary such as the prime minister during the last assembly election wherein he had a close shave from the death like situation, has no parallel in the history. Gruesome murders of the leaders, members and sympathisers of the BJP and its allied parties, RSS , VHP and other Hindu ideological organisations in Kerala, Tamilnadu and J&K have become the order of the day.

So much so, even the laws passed after due diligence by the parliament wherein the opposition parties were participants have been annual using their majority in Assemblies by the opposition parties. The over turning of duly enacted CAA-NRC laws by the parliament by some state assemblies is nothing but the contempt of the highest law making body. Indeed, there is an urgent need to amend the Constitution of India to the effect that the state assemblies would be incompetent to pass any law or resolution contrary to the same adopted by the parliament.

Thus, there are innumerable instances of such enemosity blatantly displayed by the pigmies ruling the states. The Constitution gives them a long rope to maddle with the basic spirit of federalism. However, sooner the people understand that all Articles and Schedules are meant to reinforce the high ideals of sovereignty, democracy, integrity, fraternity and harmony among the people living in India, better will be the future of India.

* THEFT ON TRAIN, NOT DEFICIENCY OF SERVICE: SC

The Supreme Court on June 15 held that money stolen from a passenger during train journey cannot be termed as the deficiency of service by the railways. The apex court turned down the concurrent finding of the district, state and national consumer commissions directing them to pay Rs.1 lakh with interest to a cloth merchant, Surender Bhola who had reported theft of the like amount while traveling to Delhi by Kashi Vishwanath Express on April 27, 2005.

A division bench of Justice Vikram Nath and Justice Ahsanuddin Amanullah allowing the appeal filed by the railways observed that a passenger who is not able to safekeep his belongings cannot blame the railways for deficiency of service.

* RELYING ON S.280 Cr.PC CALCUTTA - HC CONFIRMS 20 YR JAIL TERM

In a significant judgement on Section 280 of the Code of Criminal Procedure, a division bench of the Calcutta High Court, dismissed an appeal filed by four persons who were convicted of the offence of gang rape.

On January 29, 2018 the victim was gang raped at her home in Birbhum. The woman 's husband was away in Bangaluru on some work and her eight year old daughter was the only eye witness to the crime.

The accused contended that the FIR was lodged a day after the crime and the victim never told about the crime even to her neighbours . The accused also contended that at the time of medical examination the victim had not named the accused and there was no forensic examination of the victim 's torn clothes.

The bench comprising Justice Debangsu Basak and Justice Rai Chattopadhyay while dismissing the appeal explained the Section 280 Cr.PC which refers to demeanour. " Every verbal message like what the witness wants to say is accompanied by non verbal clues like how he says it and what he looks like when it is being said. The non verbal clues consist of body language like posture, facial gesture, eye contact and numerous more including the way of conduct while delivering."

The Court observed that a child, irrespective of his/ her socio-economic conditions, is " blessed with the trait of innocence." The eight year child witness in the instant case had broken down after depositing "they did bad things to my mother."

* KERALA -HC CANCELS CONDITIONAL BAIL

In a case titled, Navas Vs. State of Kerala, the Kerala High Court on June 1 cancelled a conditional bail granted to an accused under NDPS Act.

The single bench dealing with the petition for the cancellation of bail granted to the accused observed that when a specific condition is added by the court while granting bail that the accused shall not indulge in any criminal offence, and if he violates such condition his bail is liable to cancel.

* LAW COMMISSION INVITES PUBLIC VIEWS ON UCC

In a notification issued on June 14, the Law Commission of India has invited views of the public on introducing the Uniform Civil Code through out the country.

This is third time that the statutory law body has taken up such exercise. Earlier, in 2016 and 2018 also it had elicited the public views on the subject of common civil law for people of all faiths, and the response was overwhelming.

The interested persons may submit their views to the Law Commission within 30 days from the date of notification.