Judicial Appointment: Supreme Court-Government Consensus On National Security Clause: The Supreme Court collegium is likely to come around to accept the Centre's stance that it can turn down names of Judges recommended for appointment to the High Courts and Supreme Court on grounds of national security on the condition that the reasons are recorded in writing. Sources said the collegium would soon convey to the government its new stand, in what can clear the way for the early appointment of judges of High Courts and the Supreme Court. The Memorandum of Procedure (MoP) might be finalised by the month-end, sources said.
The national security clause has been one of the trickiest in the MoP for appointment of judges which has been hanging fire since December 2015, when a five-judge constitution bench entrusted its redrafting to the Centre in consultation with CJI. The draft MoP prepared by the Centre had been tossed to the collegium and back without much progress on the 'national security' clause for the past year.
In a recent meeting, members of the Supreme Court collegium led by CJI J.S. Khehar decided that while the Centre can reject a person for appointment as SC or HC judge under the national security clause, it would have to record reasons in writing as to how a particular appointment would run afoul of national security. [Times of India dated 28th February, 2017].
--------------------------------------------------------------------------------Supreme Court rejects plea to abort 26-week-old foetus with Down Syndrome: The SC has refused to allow a woman to abort her 26-week foetus that would be born with Down Syndrome. The Apex Court said that aborting a 20-plus week foetus can be allowed only in cases where there is a danger to the life of the mother or the foetus. Medical reports said the woman's child may suffer from physical and mental problems and with low intelligence, but there was no physical risk to the mother in continuing the pregnancy. "It is said that the child may suffer from physical and mental challenges and it's unfortunate for the mother but we can't allow an abortion...We have a life in our hands", the Court said. Down Syndrome is a congenital disorder which causes intellectual impairment and physical abnormalities.
A two-judge bench of the Apex Court, headed by Justices S.A. Bobde and L. Nageswara Rao, passed the interim order. Meanwhile, the Centre informed the bench that it is considering extending medical termination of foetuses of up to 24 weeks. In February, 2017, the top Court allowed a 22-year-old woman to terminate her 24-week pregnancy on the ground that it would endanger her life. In January, 2017, the Apex Court allowed a Mumbai-based woman, who was in her 24th week of pregnancy, to terminate her pregnancy under the Medical Termination of Pregnancy Act. The Court took into consideration a medical report that suggested the foetus would not be able to survive without the skull. [Times of India dated 01st March, 2017].
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EPFO allows withdrawals from Pension Account without Aadhaar: Retirement Fund Body (EPFO) has allowed full and final withdrawal of funds by the subscribers from their pension account without providing Aadhaar number. "All those members filing claims for withdrawal of funds from their pension account would not be required to submit Aadhaar as mandated in an earlier order of the EPFO", a senior official said. The members with less than ten years of service can submit a full and final settlement claim through Form 10-C to withdraw the amount accumulated in their pension account. However, the official said that the member submitting claims for fixing their pensions using Form 10-D would be required to submit Aadhaar number or enrolment slips. Explaining about the reason for giving this breather to the members, the official said, "The requirement of submitting Aadhaar number under Form 10-C claims led to issues in settlement of withdrawal cases. Thus, it is decided that obtaining Aadhaar should be mandatory for the time being only for pension (fixation under 10-D Form) and not in withdrawal cases (under Form 10-C)".
Earlier in January, 2017, the Employees Provident Fund Organisation (EPFO) has made it mandatory for pensioners as well as subscribers to submit Aadhaar numbers+ for continuing the benefits under its various social security schemes. Later in January, 2017, the body had also made it mandatory for members to furnish Aadhaar number while submitting claims for settlement of their pension accounts under Employees' Pension Scheme, 1995. Earlier in March, 2017, the EPFO had extended the deadline for submitting the Aadhaar number by its members as well as pensioners till 31st March, 2017. [Times of India dated 01st March, 2017].
--------------------------------------------------------------------------------- Supreme Court sends a man behind jail for life for 'honour killing' of his pregnant daughter: The SC has awarded life term imprisonment to a man for killing his pregnant daughter for eloping and getting married to her lover belonging to a lower caste family against his wishes. A Bench of Justices Kurien Joseph and A.M. Khanwilkar said that the man deserved a severe punishment for the heinous offence and enhance the ten year jail term awarded by Karnataka High Court to life imprisonment. "It would necessarily follow that the accused committed murder of his daughter Shilpa who was in the advanced stage of pregnancy and for which he was liable to be punished with either imprisonment for life or death under Section. 302 of IPC alone. In the peculiar factual background of this case, we do not find it a fit case to impose death penalty", the Bench said. The man was acquitted by trial Court on the basis that there was no sufficient evidence to prove his guilt and many of the witnessed had turned hostile. The trial Court refused to rely on the testimony of mother-in-law of the deceased who had seen the accused committing the crime. The trial Court had said that there were discrepancies in her statements. The Karnataka High Court, however, found her statements trustworthy and convicted the accused. The High Court had awarded ten years imprisonment. The convict thereafter moved the Supreme Court against the conviction.
While entertaining his plea, the Apex Court came to the conclusion that the quantum of punishment given by HC was not sufficient for such crime and sought his response on why it should not be increased. Sensing the mood of the Court, the convict pleaded the Court to allow him to withdraw his appeal but his plea was rejected and was awarded life imprisonment. "In the present case, the evidence of mother-in-law has been corroborated by other circumstances and prosecution evidence. That leaves no manner of doubt that the accused not only had strong motive to kill his daughter but was responsible for doing so and excludes the probability of someone else being responsible for her death", the Bench said.
"Accordingly, appeal filed by the accused is dismissed and the show cause notice for enhancement of sentence is made absolute by recording conviction of the appellant under Section. 302 of IPC and imposing sentence of imprisonment for life", it said. In this case, the deceased Shilpa, from the Lingayat community, fell in love with Ravi Kumar from the Naik community and she eloped with him and got married in Court in 2002. Shilpa then started living with her in-laws. On 03rd October, 2003, her father came to her house and killed her in bathroom. Her mother-in-law saw him fleeing away after the spot toilet with a blood stained sickle. She then registered a FIR against him and he was caught by the police twenty days after the incident. [Times of India dated 02nd March, 2017].
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While entertaining his plea, the Apex Court came to the conclusion that the quantum of punishment given by HC was not sufficient for such crime and sought his response on why it should not be increased. Sensing the mood of the Court, the convict pleaded the Court to allow him to withdraw his appeal but his plea was rejected and was awarded life imprisonment. "In the present case, the evidence of mother-in-law has been corroborated by other circumstances and prosecution evidence. That leaves no manner of doubt that the accused not only had strong motive to kill his daughter but was responsible for doing so and excludes the probability of someone else being responsible for her death", the Bench said.
"Accordingly, appeal filed by the accused is dismissed and the show cause notice for enhancement of sentence is made absolute by recording conviction of the appellant under Section. 302 of IPC and imposing sentence of imprisonment for life", it said. In this case, the deceased Shilpa, from the Lingayat community, fell in love with Ravi Kumar from the Naik community and she eloped with him and got married in Court in 2002. Shilpa then started living with her in-laws. On 03rd October, 2003, her father came to her house and killed her in bathroom. Her mother-in-law saw him fleeing away after the spot toilet with a blood stained sickle. She then registered a FIR against him and he was caught by the police twenty days after the incident. [Times of India dated 02nd March, 2017].
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