Editorial: NO al ‘embarazo forzado’

first_img“El derecho a controlar lo que le sucede a su propio cuerpo y a tomar decisiones médicas por sí mismo” es uno de los derechos universales de la humanidad, establecido en 1948 por las Naciones Unidas.Pero a partir del 11 de julio, a 4 millones de mujeres pobres de Estados Unidos y personas no binarias, predominantemente de color, se les está negando ese derecho humano. De acuerdo con una decisión del Tribunal de Apelaciones del Noveno Circuito, las reglas revisadas de Trump-Pence para el Título X pueden entrar en vigencia en 49 estados (excepto Maryland) hasta que los casos en contra de las reglas se resuelvan en varios estados.Este es el primer intento de convertir el programa de atención médica del Título X, diseñado en 1970 para promover la igualdad de género y de clase para los pacientes de Medicaid, totalmente en lo opuesto.El primer cambio al Título X fue en 1976, cuando la Enmienda Hyde imponía una enorme carga a los pacientes del Título X al prohibir el pago federal de abortos para cualquier persona, excepto las sobrevivientes de violación e incesto, o las mujeres cuya salud estaba en peligro por el embarazo. Actualmente, 17 estados eligen cubrir los abortos del Título X con fondos estatales.Ahora, esta nueva regla de mordaza doméstica promueve un programa de atención de salud anti-integral basado en la teología que prohíbe que todas las clínicas de atención médica financiadas por el Título X discutan las opciones de aborto. Y aquellos que brindan servicios de aborto deben establecer instalaciones separadas prohibitivamente costosas con diferentes procedimientos contables.Además, por primera vez, esta revisión abre el financiamiento a los “centros de crisis para el embarazo” y las organizaciones religiosas para que puedan promover  más fácilmente sus programas de lucha fanática contra el aborto, la “planificación natural de la familia”, el anti-feminista, el anti -LGBTQ2S +La política de raza Negra conocida a nivel nacional, Stacey Abrams, acuñó el término “embarazo forzado” para describir la ley contra el aborto recientemente aprobada en Georgia. Se aplica correctamente al ataque de Trump-Pence en los destinatarios del Título X.Este movimiento profundamente reaccionario del estado patriarcal, anti-clase obrera, con su agenda de derechas, supremacía blanca, anti-mujer y anti-género que no cumple con la agenda, está estableciendo reglas que niegan los derechos, en lugar de afirmarlos o ampliarlos.Este ataque flagrante ha generado la oposición de muchas ramas de las comunidades médicas, legales, civiles y de derechos humanos y en todos los niveles de gobierno.El estado de Washington se encuentra entre los que se retiran del Título X. Utilizará “solo fondos estatales para su programa de planificación familiar para minimizar cualquier duda sobre si los médicos podrían hacer referencias de aborto”. (Política, 11 de julio)La Dra. Leana Wen, presidenta de Planned Parenthood, el objetivo principal de la regla revisada, señaló que la organización no solicitará financiamiento del Título X. Ha reservado fondos para cubrir esa contingencia.En una declaración, Wen dijo: “Esta es una noticia devastadora para los millones de personas que confían en el Título X … para la atención primaria crítica y preventiva. Continuaremos luchando para bloquear esta peligrosa regla que le permite al gobierno censurar a nuestros médicos y enfermeras por hacer su trabajo”.Entre muchas clínicas y grupos de atención médica que ahora rechazan los fondos del Título X está la Community Healthcare Network, que recibió $700,000 en 2018. El CEO Robert Hayes dijo al sitio web Jezebel: “No cometeremos negligencia médica aquí. No vamos a mentirles a los pacientes”. (11 de julio)Este es un punto de inflexión en la sociedad estadounidense, para individuos y organizaciones. Es un momento de “de que lado estas?” en esta campaña criminal, lleno de odio, anti humano de Trump-Pence, en la frontera y en el dormitorio.Solo hay un lado en esta guerra de la clase dominante. ¿Está usted por los derechos humanos completos para todas las mujeres y las personas con no conformidad de genero? Si es así, ¿unirás tus brazos en las barricadas para luchar como nunca lo hemos hecho antes?Eso es necesario para acabar con este sistema capitalista que se basa en el genocidio, la violencia racial y el robo de salarios profundos, la misoginia sistémica y la opresión de clase.Es hora de reconocer la interseccionalidad de las opresiones y mostrar solidaridad en la lucha unida por un mundo donde se promuevan y honren los derechos humanos de todas las personas.FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare thislast_img read more

TCU Police are being ‘extra vigilant’ following attack of woman on Trinity Trails

first_imgTCU places second in the National Student Advertising Competition, the highest in school history Previous articleTCU need not ‘stray away’ from what it’s doing well against No. 6 Oklahoma StateNext articleCongressman comes to campus to talk policy, inspire civic engagement Elizabeth Campbell RELATED ARTICLESMORE FROM AUTHOR Twitter TCU Police are searching for a suspect in a local attempted armed robbery. (Photo by Hank Kilgore) WATCH: Former Chief of Staff for Obama talks Trump administration, Democrats, liberal arts education Alumna joins ‘Survivor’ reality show in quest for a million dollars CRES negotiates move to interdisciplinary unit amid student resistance Elizabeth Campbellhttps://www.tcu360.com/author/elizabeth-campbell/ Elizabeth Campbell is executive editor of TCU 360 and a senior journalism and political science double major. When not in the newsroom, she’s thinking about the news while probably watching TCU football or being a history nerd. Send her a tip if you have a story to share! Elizabeth Campbell World Oceans Day shines spotlight on marine plastic pollution Elizabeth Campbellhttps://www.tcu360.com/author/elizabeth-campbell/ Linkedin printTCU Police are coordinating with Fort Worth Police on a search for a man who they said attacked a jogger Saturday while biking naked in the Trinity Trails area.“We are coordinating very closely with the FWPD, especially the detectives handing the case,” TCU Assistant Police Chief Robert Rangel said. “Just this morning [Tuesday] several students reported a suspicious person and when our officers responded and spoke to the person we called FWPD and released the suspect to their custody for disposition.”According to a FWPD press release, a naked white male, approximately 5 feet 10 inches with a thin build and brown hair, attacked a woman jogging on the south side of Trinity Trails.Officer Daniel Segura said that the woman “was punched several times with a closed fist and kicked a couple of times.”The man was sitting on a bench at the Trinity Trails near 1800 Rogers Road before he removed his clothes and rode a bicycle west. Officers could not find the man after being called, according to the press release.Police wrote that a jogger saw a naked man near a water crossing near mile marker cf310, west of 4800 Edwards Road. The man then allegedly chased and attacked her after she turned to run in the opposite direction. She escaped and called the police after fleeing to an Overton Woods subdivision.While TCU police do not have jurisdiction on the Trinity Trails, Rangel said that officers are being “extra vigilant” in the areas where they do have jurisdiction.“We would recommend students avoid the Trinity Trails area if possible for a few days while the FWPD investigates,” Rangel said. “We recommend that students who like to jog in the area do so in pairs or groups and remain vigilant about their surroundings. If they observe anything suspicious call police immediately.”Anyone with information should call (817)-392-4359 to report.This is a developing story and will be updated as information is released.  Breakdown: Cambridge Analytica, information warfare ReddIt Elizabeth Campbellhttps://www.tcu360.com/author/elizabeth-campbell/ Facebook Linkedin Elizabeth Campbellhttps://www.tcu360.com/author/elizabeth-campbell/ Facebook + posts Twitter ReddIt Welcome TCU Class of 2025last_img read more

What We’re Reading: Republicans speculate on election results, new HIV strain discovered

first_imgWorld Oceans Day shines spotlight on marine plastic pollution Linkedin Alejandra Sernahttps://www.tcu360.com/author/alejandra-serna/ Review: ‘Joker’ brings light to mental health issues Facebook Democratic gubernatorial candidate and Kentucky Attorney General Andy Beshear, along with lieutenant governor candidate Jacqueline Coleman, acknowledge supporters at the Kentucky Democratic Party election night watch event, Tuesday, Nov. 5, 2019, in Louisville, Ky. (AP Photo/Bryan Woolston) Alejandra Serna + posts ReddIt Welcome TCU Class of 2025 TCU places second in the National Student Advertising Competition, the highest in school history center_img Alejandra Sernahttps://www.tcu360.com/author/alejandra-serna/ Twitter Boschini encourages love letters for TCU’s ‘Lead On’ campaign ReddIt printRepublicans advise Trump that election results are “wake-up call”Democratic victories in Kentucky, Pennsylvania and Virginia Tuesday left some Senate Republicans concerned for President Trump and the GOP as the 2020 election nears.In a surprising turn of events, Kentucky – a typically red state – turned blue after Republican incumbent Matt Bevin lost in the gubernatorial race to Andy Beshear. Virginia Democrats took control of both houses and now have unified control of the state government for the first time in 26 years.Some Republican’s are trying to minimize the loss, others are urging for some type of correction.Sen. Lindsay Graham (R-S.C.) and Sen. Shelley Moore Capito (R-W.Va.) both mentioned the need to win back suburban voters going forward. Graham said that style and tone were more important factors than policy in Tuesday’s results. First new HIV strain discovered after two decadesScientists have found a new strain of HIV after 19 years of research, according to CNN.The report was published Wednesday — it stated that the strain is part of the Group M version of HIV-1, the same virus family that is responsible for the global HIV pandemic.This is the first new Group M HIV strain that has been identified since 2000.Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases, said that current treatments for HIV will work against this strain and others as well.“There’s no reason to panic or even to worry about it a little bit, not a lot of people are infected with this,” Fauci said. “This is an outlier.”2 million pounds of poultry recalled for metal contaminationThe U.S. Department of Agriculture’s Food Safety Inspection Service announced Wednesday that “extraneous metals” could be present in over 2 million pounds of chicken.The USDA classified this recall as “Class I” which means that the items produced between Oct. 21 and Nov. 4 are part of a “health hazard situation.”This means that there is a “reasonable probability that the use of the product will cause serious, adverse health consequences or death.”Simmons Prepared Foods is recalling several of its chicken products during the time period identified by the USDA. “Simmons has issued a precautionary and voluntary recall of approximately 2 million pounds of fresh and frozen chicken products,” the company said in a statement. “We are working closely with regulatory authorities and affected customers to expedite this product recall.” Former Twitter employees accused of spying for Saudi ArabiaTwo former Twitter employees have been charged by the Justice Department for using  Twitter’s information on objectors to spy for Saudi Arabia, according to the Washington Post.One of those implicated is a known associate of Saudi Crown Prince Mohammed bin Salman, according to court documents. The charges were brought a day after the arrest of former Twitter employee Ahmad Abouammo. He has been accused of spying on three users, including one who allegedly talked about the operations of Saudi leadership.The second former employee, Ali Alzabarah, is a Saudi citizen who allegedly accessed the personal information of over 6,000 Twitter accounts on behalf of Saudi Arabia in 2015. A third individual, Ahmed Almutairi, was charged for spying and allegedly acting as an intermediary between Saudi officials and Twitter employees. Facebook Previous articleThe Skiff: Nov. 7, 2019Next articleStarted from the bottom: Dennis Jr.’s long route to TCU Alejandra Serna RELATED ARTICLESMORE FROM AUTHOR Twitter Linkedinlast_img read more

Fair Warning: State Supreme Court Rules on Foreclosure Notices

first_imgHome / Commentary / Fair Warning: State Supreme Court Rules on Foreclosure Notices The Week Ahead: Nearing the Forbearance Exit 2 days ago Fair Warning: State Supreme Court Rules on Foreclosure Notices Act 91 Foreclosure Hladik imitation of foreclosure mortgage Onorato & Federman Pennsylvania Servicers Stephen M. Hladik Taggart The Supreme Court 2019-03-18 Staff Writer Related Articles in Commentary, Daily Dose, Featured, Foreclosure, Journal, News March 18, 2019 6,495 Views Share Save Tagged with: Act 91 Foreclosure Hladik imitation of foreclosure mortgage Onorato & Federman Pennsylvania Servicers Stephen M. Hladik Taggart The Supreme Court Previous: Why Reverse Mortgages Keep Moving Forward Next: How Natural Disasters Are Influencing Delinquency Rates The Best Markets For Residential Property Investors 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days agocenter_img Demand Propels Home Prices Upward 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago  Print This Post Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Stephen M. Hladik, Esquire, is a principal in Hladik, Onorato & Federman, LLP. Formerly the youngest Deputy Attorney General in charge of the Harrisburg office of the Pennsylvania Bureau of Consumer Protection, Hladik brings a broad range of experience to his mortgage foreclosure, bankruptcy, tax sale, and UDAP legal practice. Demand Propels Home Prices Upward 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Sign up for DS News Daily The Best Markets For Residential Property Investors 2 days ago About Author: Stephen M. Hladik The Pennsylvania Supreme Court issued its long-anticipated decision on a question concerning notices of intent to foreclose in Pennsylvania – a question that has perplexed lenders and servicers for some time.  The issue involved situations where a foreclosure is pending and then either voluntarily withdrawn by the lender or dismissed by a court. If the lender chooses to proceed with another case after termination of a prior proceeding, and no new payments are tendered by the borrower, a question existed whether a lender was legally required to tender new Act 6 notice of intent to foreclose before commencing the second action.The Pennsylvania Supreme Court has answered this question, and now it is clear: upon termination of a foreclosure proceeding in Pennsylvania if the lender or servicer wishes to proceed with another case, and the action is governed by Pennsylvania Act 6, new notice must be tendered.  The state Supreme Court issued its Opinion on February 20, 2019, in the matter of JP Morgan Chase Bank N.A., by its successor Great Ajax Operating Partnership, LP v. Taggart, No. 6 EAP 2018 (Pa. 2019).In the decision, the Supreme Court reviewed several key statutes governing notice as well as the consequences of voluntary withdrawal of a case or dismissal by a court.  By way of background, Pennsylvania has two main statutes regulating notices of intent to foreclose, Act 6 and Act 91. Under Act 6, enacted in 1974, there is a specific notice that mortgagees must send to borrowers prior to imitation of foreclosure.  In 1983, the state adopted Act 91, and various amendments to that act have resulted in a new form of notice to be sent to borrowers prior to initiation of foreclosure. However, Act 91 has certain exceptions where it does not apply, specifically if the loan is insured by the FHA, or the loan is greater than 24 months delinquent, the arrears exceed $60,000.00 or the premises is not the principal residence of the borrower.In Taggart, Act 91 did not apply as the property was not the borrower’s principal residence. Hence, Act 6 governed initiation of the foreclosure process.  The lender sent the notice and commenced a foreclosure action. The borrower moved to dismiss the foreclosure action, and the lender did not reply to the motion, resulting in dismissal of the foreclosure action by the trial court.  The lender chose to file a new action and did not send any new notices prior to initiation of the new action.Taggart challenged the second proceeding, saying that the lender was required to send new notices before filing a new action.  The Supreme Court agreed with the borrower, and now the issue is clear in this state. If a foreclosure case is either withdrawn voluntarily or dismissed by a court, before starting a new action, if the case is governed by Act 6, a lender must send new notices of intent to foreclose. The Supreme Court stated, “A lender may not recycle a stale pre-foreclosure notice that it issued in connection with a prior complaint in mortgage foreclosure.”  Opinion at pp. 1-2. The Court concluded that “[i]n view of the statutory language, the occasion and necessity for Act 6, the mischief to be remedied, and the object to be attained, . . . Act 6 requires a new pre-foreclosure notice each time the lender initiates a mortgage foreclosure action.” Opinion at p. 14. Subscribelast_img read more

Consumers Begin the Slow Comeback From COVID-19-Related Recession

first_img March 25, 2021 1,157 Views  Print This Post Christina Hughes Babb is a reporter for DS News and MReport. A graduate of Southern Methodist University, she has been a reporter, editor, and publisher in the Dallas area for more than 15 years. During her 10 years at Advocate Media and Dallas Magazine, she published thousands of articles covering local politics, real estate, development, crime, the arts, entertainment, and human interest, among other topics. She has won two national Mayborn School of Journalism Ten Spurs awards for nonfiction, and has penned pieces for Texas Monthly, Salon.com, Dallas Observer, Edible, and the Dallas Morning News, among others. About Author: Christina Hughes Babb One year ago this month the World Health Organization designated the COVID-19 outbreak a pandemic.American consumers continue to feel the negative impacts, according to the monthly Consumer Pulse study by the global information and insights company TransUnion. That is not to say all the news is bad. The company says it also observed positive signs, including finding that while 38% of respondents to the survey said their household income remains negatively impacted by the pandemic, that number is down significantly from the 53% that said the same one year prior.TransUnion says it determined that three primary U.S. consumer types have formed as a result of COVID-19: Stable, hopeful, and in limbo.Some important findings:While 5% of the population has thrived during the pandemic—reporting no income drop and better than planned finances—another 3% are devastated by reduced income and don’t think they’ll ever recover.For those whose income has been reduced, 8% are resilient saying their finances have fully recovered, and another 27% are hopeful saying their finances will recover.About 35% of consumers report their financial situation is stable.About 22% of individuals are in limbo because they’re unsure or slightly doubtful their finances will recover.Only 7% started a new job or revenue-generating activity compared to 16% of hopeful and 24% of resilient individuals.Half (51%) of those in limbo are low income (<$50,000) and 59% are women. Individuals in limbo are less likely to seek relief from bills and other federal/local accommodations.“Whether you are in limbo, hopeful, or stable, the expectation is that many consumers will soon be flexing their spending muscle,” said Charlie Wise, head of global research and consulting at TransUnion. “In addition to more people receiving vaccinations, consumers have been or soon will be buoyed by an improved employment picture, stimulus checks, income tax returns and more access to credit.”Early signs indicate the COVID-19 vaccine is having a positive impact on consumer outlook. Of those who said they’d been fully vaccinated, 77% stated they’re optimistic about the future compared to just 59% of those who had not been vaccinated.Wise added that a benefit to borrowers is that lenders are incorporating alternative data into their lending strategies."Leveraging such information can result in more trustworthy relationships between consumers and lenders, which is especially important when uncertainty has reigned over the credit landscape during much of the last year,” concluded Wise.The full report is available at TransUnion.com. The Best Markets For Residential Property Investors 2 days ago 2021-03-25 Christina Hughes Babb The Week Ahead: Nearing the Forbearance Exit 2 days ago Previous: Coming of Age After a Savings and Loan Crisis Next: 10 Most-Threatened Metros Based on FHA Delinquency Rates Share Save Home / Daily Dose / Consumers Begin the Slow Comeback From COVID-19-Related Recession Consumers Begin the Slow Comeback From COVID-19-Related Recession Servicers Navigate the Post-Pandemic World 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Sign up for DS News Daily Governmental Measures Target Expanded Access to Affordable Housing 2 days ago The Best Markets For Residential Property Investors 2 days ago Demand Propels Home Prices Upward 2 days ago Subscribe Data Provider Black Knight to Acquire Top of Mind 2 days ago in Daily Dose, Featured, Market Studies, News Demand Propels Home Prices Upward 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Related Articles Governmental Measures Target Expanded Access to Affordable Housing 2 days agolast_img read more

Flanagans of Buncrana has 8.4 million euro in debts

first_img Main Evening News, Sport and Obituaries Tuesday May 25th Man arrested on suspicion of drugs and criminal property offences in Derry WhatsApp 75 positive cases of Covid confirmed in North RELATED ARTICLESMORE FROM AUTHOR Google+ Facebook Gardai continue to investigate Kilmacrennan fire Google+ 365 additional cases of Covid-19 in Republic Flanagans of Buncrana has 8.4 million euro in debts Facebookcenter_img Pinterest Newsx Adverts Previous articleEvents held to mark 200th anniversary of HMS Saldanha tragedyNext articleSaturday’s 2.6 million euro Lotto Jackpot won in Donegal News Highland Twitter WhatsApp Further drop in people receiving PUP in Donegal By News Highland – December 3, 2011 Twitter Creditors yesterday appointed David Carson of Deloitte as liquidator of furniture store chain Flanagans of Buncrana Ltd.The company is being wound up with debts of €8.4 million.The company has stores in Donegal, Dublin, Kildare, Sligo and Wicklow.Flanagan’s  ceased trading two weeks ago with the loss of 40 jobs.David Carson said he will be working now to sell off remaining stock and engaging with suppliers and creditors. Pinterestlast_img read more

Ideology Of Detenu Like A ‘Live Volcano’: J&K HC Upholds Detention Of HC Bar Association President Mian Abdul Qayoom [Read Judgment]

first_imgNews UpdatesIdeology Of Detenu Like A ‘Live Volcano’: J&K HC Upholds Detention Of HC Bar Association President Mian Abdul Qayoom [Read Judgment] Akshita Saxena28 May 2020 9:27 AMShare This – xThe High Court of Jammu and Kashmir on Thursday upheld the Government orders relating to preventive detention of Senior Advocate and J&K High Court Bar Association President Mian Abdul Qayoom, under the J&K Public Safety Act 1978. The court has held that the 70-year old detenue has a “tendency” of disturbing law and order and thus, it will not be appropriate to interfere with…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe High Court of Jammu and Kashmir on Thursday upheld the Government orders relating to preventive detention of Senior Advocate and J&K High Court Bar Association President Mian Abdul Qayoom, under the J&K Public Safety Act 1978. The court has held that the 70-year old detenue has a “tendency” of disturbing law and order and thus, it will not be appropriate to interfere with the impugned order of detention.The Court observed that he had an ideology like a “live volcano”.”Having considered the matter, we may say that an ideology of the nature reflected in the FIRs and alleged against the detenue herein is like a live volcano. The ideology has always an inclination, a natural tendency to behave in a particular way It is often associated with an intense, natural inclination and preference of the person to behave in the way his ideology drives him to achieve his latent and expressed objectives and when he happens to head or leading a group, as the allegations contained in the FIRs suggest, his single point agenda remains that his ideology is imbued in all those whom he leads. Depending upon the nature of the ideology one has, he can have short term, continuous and long term objectives and strategies”.  “An ideology that has the effect and potential of nurturing a tendency of disturbance in public order, such as is reflected in the FIRs registered against the detenue in the instant case, and of which the detaining authority is reasonably satisfied, can be said to be different from a criminal act or acts done sometime in the past and, therefore, would always continue to be proximate in their impact and consequence,” the order states. The order has been passed by a Division Bench comprising of Justice Ali Mohammad Magrey and Justice Vinod Chatterji Koul, in a Letters Patent Appeal against the February 7 order of the single bench, whereby the habeas corpus petition challenging Qayoom’s detention was dismissed. Qayoom has been under detention since August 5, when the Central Government took measures to abrogate the special status of J&K under Article 370 of the Constitution of India. In this appeal, the following grounds (in bold) were taken by Qayoom, which stand adjudicated as below: Detenue was not supplied all the materials on the basis of which the detaining authority had derived the requisite satisfaction On this issue the court held that even a solitary ground was sufficient to sustain the detention order and thus, merely because detenue was not supplied all the materials on the basis of which the detaining authority had derived the requisite satisfaction would not affect the detention order. The court then observed that most of the grounds considered by the detaining authority were “somewhat clumsy” however it held that the same would not affect the detention order since the authority had recorded its “satisfaction” on a number of grounds. Emphasizing on one such ground the court held, “in one of the grounds of detention, quoted separately hereinabove, the detaining authority has exclusively considered the four FIRs registered against the detenue, and expressed his satisfaction therein on the basis of such FIRs, independent of the other materials referred to by him in other grounds of detention. In that view of the matter, in terms of Section 10-A(a) of the JK PSA, the detaining authority shall be deemed to have made the impugned order of detention after being satisfied with reference to the aforesaid ground of detention. So the detention order on that ground would sustain.” Section 10-A(a) of the JK PSA provides that where a person has been detained under the PSA Act on the basis of two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds and will not be deemed to be invalid or inoperative merely because one of some of the grounds is or are vague, etc. Going by the aforesaid provision the court said, “the grounds of detention are severable and, therefore, a detention order would sustain even on a solitary single ground contained in the grounds of detention, independent of the other grounds, in the event the necessary procedural safeguards vis-à-vis that ground have duly been adhered to by the detaining authority.” Argument that FIRs and the allegations contained in the detention order are stale – 9 to 11 years old – having no proximity to lend a suspicion to the detaining authority that the detenue may disturb public order Declining this argument, the court noted that two of the four FIRs as mentioned above related to processions taken out by the members of the Srinagar Bar Association lead by the detenue, allegedly leading to violation of order issued under Section 144 CrPC. Thus, finding “continued propensity” of the detenue of indulging in activities that are fundamentally prejudicial to the maintenance of public order the bench remarked, “In the instant case, the detaining authority has mentioned that the detenue has been articulating in public through his speeches and appeals his ideology and has allowed using the platform of the Bar Association for propagating secessionist ideology which in turn has been working fundamentally prejudicial to the maintenance of public order. xxx The FIRs and the allegations contained therein have a live link to the satisfaction arrived at by the detaining authority and they have the required proximity to have lend a suspicion to the detaining authority that, if not detained, the detenue may act in a manner as would be prejudicial to the maintenance of public order, especially so because of the ‘surrounding circumstances’ prevailing then.” Argument that since the detenue was detained in 2010 on the very same FIRs and allegations contained therein, he could not have been detained anew on the very same allegations and material and on the basis of his past conduct Rejecting this argument the court reiterated that it is not that the detenue had been detained only on the very same FIRs and the allegations contained therein. In fact, the bench clarified, “we have gone through intelligence reports which contain materials after 2010 depicting the activities of the detenue on the basis of which as well the detaining authority has shown to have arrived at his satisfaction reflected in the impugned detention order. These reports could be well said to constitute new facts.” The court then went on to observe that a person’s ideology inspires “natural tendency to behave in a particular way,” to achieve short term, continuous and long term objectives and strategies. In the present case the bench said, the detenue’s ideology, as reflected in the FIRs is like a “live volcano”.”So far as the ideology attributed in the FIRs is concerned, public disorder is its primary object and surviving factor. Taking out processions knowingly that such acts are likely to stoke public disorder, especially so when there are restrictions in position, raising provocative and antinational slogans of sorts, holding close door meetings within separatist leaders as being President of the Bar etc. etc. are such instances which point to only one thing that the ideology is not an act done by the detenue in the past, but it is his continuous inclination and preference,” the bench held. Argument that the grounds of detention are the reproduction of the Police Dossier verbatim, suggesting that the detaining authority did not apply his mind and, therefore, the detention order suffers from non-application of mind and, hence, is vitiated While taking this ground, the detenue had relied upon the Supreme Court’s judgment in Rajesh Vashdev Adnani v. State of Maharashtra, (2005) 8 SCC 390, whereby a detention order was set aside for having been copied and for non-application of mind. Distinguishing the present case from the said precedent however the bench observed, “True there is a resemblance in contents of the grounds of detention and the police dossier submitted before the detaining authority, but the detaining authority in the impugned order has clearly stated that after perusal of the records submitted by the Senior Superintendent of Police and after applying his mind carefully and having regard to the requirements of law, he was satisfied that with a view to preventing the detenue from acting in any manner prejudicial to the maintenance of public order, it was necessary to detain him under the J&K PSA.” In the aforesaid precedent, the bench noted, the order of detention did not record such a satisfaction. Argument that since the detaining authority did not convey to the detenue that he could make representation to him until the order was approved by the State Government within 12 days of its passing, specifying the time limit for the said purpose, the detention order is vitiated The court rejected this argument as it observed that “the detenue had been duly intimated that he could make representations against the order of detention to the detaining authority as well as to the Government, if he wished.” The bench further noted that apparently, the detenue did not wish to avail that right inasmuch as he had also not opted to be heard in person by the Advisory Board. The court went on to hold that even if it is presumed that the detenue was not informed of such right to representation, the same would not vitiate the case as the detenue was a long standing member of the Bar and hence, he would be well aware of his rights. “Here the detenue is a practicing lawyer, as per the appellant-petitioner, having more than 40 years of impressive standing and practice at the Bar and President of the Bar Association since long. It could not be comprehended that he was oblivious of the period within which he could make a representation to the detaining authority, if such an occasion would have arisen. When the detenue happens to be of the stature and knowledge of the likeness of the detenue herein, and he does not make a representation, legally an inference is available that he had deliberately not done so, to claim violation of his right in this behalf in his habeas corpus petition. Such tactics cannot be allowed to be played,” the court said. Argument that the extensions accorded in the detention order of the detenue are not covered by the provisions of the Act; therefore, the same are illegal In this ground the detenue had argued that the Government has the power to detain a person for such period as it may think fit, upto a maximum of twelve months (Qayoom’s detention order was initially passed for a period of three months). Once such detention is ordered for a period less than twelve months, the power to extend the period of detention is exercisable only under sub-section (2) of Section 18, not under Section 18(1)(a) and, the said power to extend is exercisable only vis-à-vis a foreigner, not a citizen of the UT. On this count, the extension orders were accorded to have no backing of law. Rejecting this argument the court observed, “The initial detention order passed after the receipt of the opinion of the Advisory Board specifically mentioned that the detenue be detained for a period of three months ‘in the first instance’. The phrase ‘ín the first instance’ means ‘as the first thing in a series of actions’; meaning thereby, the Government had reserved to itself the power to pass a series of such orders under Section 18(1)(a) to make the total period of detention twelve months, if it so desired. The orders of extension make it clear that the same have been passed in exercise of the powers under Section 18(1)(a), not under Section 18(2). Reference to sub-section (2) of Section 18 by the learned senior counsel is misplaced. The learned senior counsel also seems to ignore the cardinal principle of law that one who has power to do a thing, has the power to modify, alter or revoke it.” Argument that the activities attributed to the detenue in the allegations contained in the FIRs against the detenue do not fall within the definition of the phrase ‘acting in any manner prejudicial to the maintenance of public order’; hence the detention order is unfounded Refuting this argument the court remarked, “The learned senior counsel seems to be forgetting that there is an unambiguous allegation contained in the FIRs that he had lead processions of angry mobs of lawyers, least minding about imposition of restrictions 49 under Section 144 Cr. P. C… if a person intentionally, wilfully, deliberately and purposefully breaks and violates such a restriction, it would connote nothing less than using force and acting in a manner prejudicial to the interests of maintenance of public order. In that view of the matter, the argument of the learned senior counsel fails.” In view of the above findings, the LPA was dismissed. Case Details: Case Title: Mian Abdul Qayoom v. Union Territory of J&K & Ors. Case No.: LPA No. 28/2020 Appearance: Sr. Advocate ZA Shah with M/s NA Ronga and Advocate Mian Tufail Ahmad (for Appellant); Advocate General DC Raina assisted by Sr. AAG BA Dar and M/s Shah Aamir & AAG Aseem Sawhney, and ASG Tahir Shamsi (for Respondent) Click Here To Download Judgment Read Judgment Next Storylast_img read more

High Court Exercising Bail Jurisdiction Cannot Pass Directions Which Will Have Direct Bearing Upon Trial: Supreme Court

first_imgTop StoriesHigh Court Exercising Bail Jurisdiction Cannot Pass Directions Which Will Have Direct Bearing Upon Trial: Supreme Court LIVELAW NEWS NETWORK23 Jan 2021 5:34 AMShare This – xThe Supreme Court has observed that a High Court, while exercising bail jurisdiction, cannot issue directions which will have a direct bearing upon the trial. The bench comprising Justice NV Ramana, Surya Kant and Aniruddha Bose observed thus while setting aside a direction of the High Court in a case, in which it directed the Investigating Officer to examine a CCTV footage and to submit…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court has observed that a High Court, while exercising bail jurisdiction, cannot issue directions which will have a direct bearing upon the trial. The bench comprising Justice NV Ramana, Surya Kant and Aniruddha Bose observed thus while setting aside a direction of the High Court in a case, in which it directed the Investigating Officer to examine a CCTV footage and to submit a report.In this case, some persons accused in a murder case approached the High Court seeking bail. Before the High Court, accused contended that a CCTV footage would prove their non-participation in the alleged incident. Thus, the Court directed the Investigating Officer to examine CCTV footage and submit his report before the Court. The complainant in this case, aggrieved with this order, approached the Apex Court. Observing that such a direction was not appropriate, the bench said:”While the learned counsel for the Respondents-accused have attempted to submit before us that such an exercise is necessary, we are not in agreement with the same. When only the limited issue of grant of regular bail to the accused is pending consideration before the High Court, it was not appropriate for it to pass the aforesaid directions which will have a direct bearing upon the trial. Thus, we are of the considered view that the direction of the High Court directing the Investigating Officer to examine the CCTV footage and to submit a report, is not sustainable in the eyes of law and deserves to be set aside.”Setting aside the High Court order, the bench requested it to consider the bail applications of the accused pending before it, expeditiously.Recently, in another case, the Supreme Court had observed that, a criminal court, exercising jurisdiction to grant bail/anticipatory bail, is not expected to act as a recovery agent to realise the dues of the complainantCASE: PRASHANT DAGAJIRAO PATIL vs. VAIBHAV @ SONU ARUN PAWAR [CRIMINAL APPEAL NOS.55-56/2021]CORAM:  Justices NV Ramana, Surya Kant and Aniruddha BoseCOUNSEL: AOR Sandeep Sudhakar Deshmukh, AOR Nishant Ramakantrao KatneshwarkarCITATION: LL 2021 SC 39Click here to Read/Download OrderRead OrderNext Storylast_img read more

Disha Ravi Media Leak Case- Delhi High Court Gives ‘One Last Opportunity’ To UOI And Delhi Police To File Reply Within 2 Weeks

first_imgNews UpdatesDisha Ravi Media Leak Case- Delhi High Court Gives ‘One Last Opportunity’ To UOI And Delhi Police To File Reply Within 2 Weeks Nupur Thapliyal17 March 2021 4:44 AMShare This – xThe Delhi High Court on Wednesday granted one final opportunity to Union of India and Delhi Police, also the respondent no. 1 and 2 to file replies within 2 weeks in the plea filed by Disha Ravi seeking to restrain Delhi police from leaking any investigation material relating to her case to the media.Single judge bench comprising of Justice Pratibha M Singh directed the counsels appearing…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Delhi High Court on Wednesday granted one final opportunity to Union of India and Delhi Police, also the respondent no. 1 and 2 to file replies within 2 weeks in the plea filed by Disha Ravi seeking to restrain Delhi police from leaking any investigation material relating to her case to the media.Single judge bench comprising of Justice Pratibha M Singh directed the counsels appearing on behalf of Union of India and Delhi Police to file the reply in the matter within 2 weeks. Furthermore, the Court also directed rejoinders to be filed in the matter in further 2 weeks thereafter. The matter will now be taken up on 18th May 2021.The development came after Advocate Akhil Sibal, counsel on behalf of Disha Ravi submitted that all the respondents in the case have filed their replies apart from Respondents 1 and 2 being Union of India and Delhi Police.The Court had last month directed the Delhi Police to ensure that no leakage of information happens with regard to the investigation in the case registered in connection with the ‘toolkit’ over the farmers protests.It was also directed by the Court that the Delhi Police shall follow the Ministry of Home Affairs’ Office Memorandum dated Apr 1, 2010 titled “Advisory on Media Policy of Police”, and to ensure compliance with their affidavit stating that there has not been and will not be any leakage from the Police’s end to the media on vital details of the case.According to Disha Ravi’s plea, it has been argued that her whatsapp chats which are private in nature as well as her admissions and disclosure made during her time in police custody has been leaked in the public domain and therefore such disclosure was false, malicious and in violation of her right to privacy and free trial.Next Storylast_img read more

Live updates: 22 dead from devastating Tennessee twisters

first_imgMattGush/iStock(NASHVILLE, Tenn.) — Twenty-two people have been killed after devastating tornadoes ripped through Nashville and other areas of Tennessee early Tuesday, flattening homes, tossing airplanes and downing power lines, according to the Tennessee Department of Health.The tornado in Nashville was just one of three to hit Tennessee overnight. Sixteen have died in Putnam County, Tennessee, officials said. Fatalities were also reported in Wilson, Davidson and Benton Counties.Here’s the latest on the Nashville tornado. Please refresh for updates.— A State of Emergency has been declared in Tennessee.— At least 48 buildings collapsed, authorities said.— Across three counties, about 73,000 are without power, state officials said.— Some Super Tuesday polling stations have been impacted, officials said. Alternative locations will be offered for voters. Tennessee Secretary of State Tre Hargett says residents can call the Division of Elections toll-free at 1-877-850-4959.East Nashville was hit particularly hard. Its Five Points neighborhood is half-destroyed, according to ABC News’ Nashville affiliate WKRN.“It’s like driving through a war zone,” tweeted WKRN reporter Brent Remadna. “Cars destroyed, buildings destroyed…breaks my heart.”“This is absolutely devastating. It sounded like a freight train,” tweeted WKRN reporter Julia Palazzo.The twisters left planes flattened at the John C. Tune Airport in West Nashville. No one there was injured and crews from Nashville International Airport will help rebuild, said Doug Kreulen, Nashville International Airport president and CEO.President Donald Trump in a tweet pledged the federal government’s support. Trump said he will travel to Tennessee on Friday.Nashville Mayor John Cooper urged residents to avoid driving Tuesday to help the recovery efforts move more quickly.All metropolitan Nashville schools are closed Tuesday.The mayor posted photos of himself assessing the severe damaging at one Nashville elementary school.Nashville is the capital of country music and stars have spoken out in the wake of the destruction.Country music singer Maren Morris tweeted that “the tornado must have missed our block by an inch.”“I am so depleted looking at the damage that has happened to our beautiful city. There are so many people in the streets helping already, though,” she said. “Thinking of those who lost their loved ones + homes.”Copyright © 2020, ABC Audio. All rights reserved.last_img read more