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SUPREME COURT REMARKS ON ILLEGAL DETENTION FLY IN FACE OF INDIA’S CONSTITUTIONAL AND INTERNATIONAL OBLIGATIONS: CHRI

Written by

Report;Bureau,Odishabarta 

New Delhi, May 1, The Supreme Court needs to reaffirm India’s constitutional and international obligations to rights on complex issues of nationality, detention and deportation and not be unmindful of its own commitment to these duties, the Commonwealth Human Rights Initiative (CHRI) has urged.

The following is the text of the statement, issued today, and signed by a group of eminent citizens including former Supreme Court Justice Madan Lokur, Wajahat Habibullah, CHRI’s Chair and former Chief Information Commissioner, Justice AP Shah, former Chief Justice of the Delhi High Court, and a number of senior former officials and civil society leaders: 

As concerned citizens, we look to the Supreme Court to reaffirm India’s constitutional and international obligations to rights on sensitive issues.  That is why we are disappointed by recent statements by the Chief Justice of India on a complex matter relating to illegal detention and deportation, without heeding India’s own constitutional and international obligations. 

While advocating greater detention of suspected ‘foreigners’, the Chief Justice brushed aside the Assam Chief Secretary with a stinging admonition for proposing a methodology for the release of a handful of foreign prisoners who had been in detention beyond their term of sentence for illegal entry. This was especially of concern for the case concerned the wilful violation of the human rights of hundreds of detainees who were languishing in what the court itself accepts are “inhuman conditions”.  

We regard these remarks as unfortunate. 

Article 21 is very clear in its intent, ambit and process. It binds all duty-holders and citizens with the ringing affirmation that no person in India (and we emphasize that there no special privileges here for Indian citizens) can be deprived of her/his right to life and liberty without due process.  

There is no deportation agreement with Bangladesh. International law lays down that such deportations can take place only with the consent of the country of origin. Bangladesh has consistently refused to accept that its citizens migrate in large numbers to India. Indeed, Bangladesh regards such unilateral efforts as harmful to a bilateral relationship that is critical for the security and stability of both countries and especially of our eastern region. 

We cannot place ourselves in a situation where we are seen as forcing people out at gunpoint; it would be ethically unjust, wrong in law and draw international condemnation. 

We are acutely sensitive to concerns in Assam and other parts of the North-east and across the country about the problem of illegal migration from Bangladesh, a long-standing issue that has defied official proclamations and pledges of “push back”, “deportation” and “detection”. Whatever methods are used they must be undertaken within the rule of law frame, be just and fair and designed to minimise individual hardship and tragedy. We believe there is a need that this is a tragedy of growing intensity which is gathering momentum as a result of the current National Register of Citizens (NRC) exercise in Assam.  

Accounts from Assam indicate that often arbitrariness not rule of law is used to define those who have come post-1971 from Bangladesh (of whatever religious denomination) and those who are Indian nationals. 

Lakhs are in limbo and now fear that they may become “stateless” because of a process that is mired in a mix of complexity, confusion, lack of precision and prejudice. 

Many of those at risk are from the bottom of the economic pyramid, unable to sustain the complex adjudication process needed to establish their citizenship. Large numbers are already in detention camps. 

Although the Supreme Court mandated deadline for a ‘final’ list is July 2019, we understand that not less than 38 lakh persons out of the 40 lakh (four million) who had found themselves off the NRC last year have filed applications for inclusion.  Such a huge number of requests cannot be processed in two months and we urge that this not be hurried as the consequences are too devastating to contemplate. The efforts need to be steady and methodical so that the charges of arbitrariness, prejudice and poor record keeping, which have plagued the NRC process, do not stick. 

It must be pointed out here that India is a signatory to the Universal Declaration of Human Rights in which its representatives played a stellar part in developing the language that all of us are familiar with in regard to equality, non-discrimination and gender.  Our international commitments are clear as to the rights of people affected in such situations. 

It would also be unacceptable if any Indian of any religious denomination is harmed by negligence, wilful prejudice, wrongful confinement and prosecution. 

Failure to address this critical situation adequately and justly would be seen internationally as a gross violation of human rights and a blot on India's traditional record.  What is also of concern to us are social fault lines that could be exacerbated by insensitive handling that could leave many people desperate, particularly youth, with the potential of radicalization. 

As concerned citizens, we appeal to the judicial system and the government to explore a solution that addresses the human dimension. The situation in Assam and inter alia other parts of the North-east represent unprecedented challenges and conditions that cannot be resolved by application of a routine legal framework which is designed to deal with individual cases.

 

Wajahat Habibullah, Chairperson, CHRI

Members:

Justice Madan Lokur

Justice AP Shah

Ms. Vineeta Rai (IAS, retd, former Revenue Secretary  to the Government of India)

Nitin Desai, former Under Secretary, United Nations)

Jacob Punnoose (IPS, retd)

Poonam Muttreja (Member, Executive Committee, CHRI)

Kamal Kumar (IPS, retd)

Ms. Maja Daruwala (Adviser, CHRI)

Jayanto N. Choudhury (IPS, retd)

Dr. BK Chandrashekar (ex MLC, Karnataka)

Sanjoy Hazarika (International Director)

 

 

 

#CHRI Press Note

 

RAMESH BABU V ELEVATED TO CHIEF GENERAL MANAGER ,NTPC KANIHA

Written by

Report;Bureau,Odishabarta 

Talcher,04/05/19:Shri Ramesh Babu V   who has taken over as Group General Manager, NTPC Talcher Kaniha recently has been elevated to the post of Chief General Manager, Talcher Kaniha w.e.f April  30, 2019. 

Prior to joining at Talcher Kaniha,Shri Ramesh Babu  was the General Manager(OS),NTPC Western Region Headquarters,Raipur (Chattisgarh) and prior to that he has served as Head of Project at NSPCL-Durgapur Station (A Joint venture company of NTPC Limited and SAIL),West Bengal. 

Shri Ramesh Babu joined NTPC in 1987 as 12th Batch Executive Trainee after graduating from REC, Srinagar in Mechanical Engineering discipline. He has also completed M.Tech in Thermal Engineering from IIT Delhi while service in NTPC. 

He started his career at Badarpur Thermal Power Station ,Delhi,. Shri Ramesh Babu has a long stint of 32 years of service in NTPC. He has served the Maharatna Company in various capacities in the field of Operation, Mechanical Maintenance, Erection , NTPC resource centre “CENPEEP” (Centre for Power Efficiency & Environmental Protection)  and Operation Services (OS). 

Shri Ramesh is a veteran Power Professional and brings with him rich exposure in Power Sector.

INTER CORPORATE BADMINTON CHAMPIONSHIP 2019 AT NTPC KANIHA

Written by

Report;Bureau,Odishabarta 

TALCHER,02/05/19:1st Inter Corporate Badminton Championship 2019 was organised at NTPC Kaniha  under CSR in association with Sports Council. The championship was held from 28.04.2019 to 01.05.2019 at Recreation Centre Badminton Court. This is for the first time such game was organised which was participated by companies like MCL,NALCO,OPGC,TATA STEEL( BSL),PGCIL,GMR,JSPL,NTPC Talcher Thermal & NTPC Talcher Kaniha. 

The tournament was divided into three groups i.e Men Single ,Men Doubles & Veteran Double(Age above 46 years).The tournament was concluded on 01.05.2019. CGM ,Ramesh Babu V was the Chief Guest of the occasion. On the occasion, Ramesh Babu gave away the trophies to the winners and runners up to bring the curtains down to the thrilling Badminton Tournament, which saw large participation throughout the tournament. 

Final match was played between Team NTPC vs Team Nalco in both singles & doubles & veteran category. Both singles & doubles veteran match was won by NTPC Kaniha team and Nalco won the veteran championship.

In addition, following awards are given ,player of the tournament –Dibyajyoti Singh ,NTPC Kaniha,- Best Smasher player – Nalco, Most  stylish player Jodi - MCL & Best Veteran player - GMR

AGM(HR), K S Sarma , Senior officials , President, K C Maharana ,Sports Council,Ajit Pradhan ,  Secretary ,Sports Council representatives of the union & association, players ,employees & executive members of sports council who volunteered the tournament were present during the concluding day of the tournament. 

BERHAMPUR MUNICIPAL CORPORTATION ALL SET TO FACE CYCLONE FANI

Written by

Report; Manoj Kanta Dash,Odishabarta 

Berhampur,02/05/19:Keeping in view the possible impact of Cyclone Fani, the Berhampur Municipal Corporation has cancelled the leaves of all officials. 

The BeMC health department as well as food supplies and consumer welfare have been asked to keep stocks of essential medicines and food items, drinking water supply is also being ensured. at the all shelter homes under the control of BeMC,Berhampur. Ganjam. 

No doubt the city has faced Phailin, Hudhud and Titli cyclones in recent years has started preparing to face Fani. From Tuesday night, people living in outskirts of the Mahan agar would be alerted about it through the public address system. According to Chakravarti Singh Rathore, Commissioner, BeMC. 

While interacted with Commissioner Mr Rtahore he said, strong concrete buildings are being identified to be used as shelters in case of need. People living in landslide-prone high areas would be shifted to safer places. We have opened a 24X7 toll Number  0680- 2260290  for any emergency.At present we have engaged 40 Rehabilitation centre.

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FANI COMES; BUT REPORTING SHOULD NOT BE MORE BURNING THAN THE REAL FEAR (!).

Written by

Report;Bureau,Odishabarta

Berhampur (Gopalpur):Prevention is always good but that does not mean that we make out a hydra headed monster from the premises of an apprehension. Nothing could have been more nerve shattering than the scary forecast on the building up cyclonic storm FANI and the simultaneous dreading takeaways by the electronics media to be specific Contents in the bulletins, almost going 24X7 in few channels ,can really batter anybody’s  confidence when the presentations tend to create a kind of panic  rather than dissemination . 

It is still fresh in the memory of many of us that, how an apocalyptic oceanic fury like 1999 Super Cyclone had nearly devastated more than 14 districts in Odisha ,claiming human lives in thousands and lakhs of live stock fell victim to it. 

It can well be said that during that time  there was a gross lack in information technology and awareness among the people to face a disaster of that magnitude was wanting. Yet a certain amount of equanimity among all concerned could help the situation from being more catastrophic. 

Subsequently, Odisha has witnessed less intense oceanic invasions like Phailin, Hud-hud, Titli and so on. But what is bit panicky this time is the burning descriptions of the ensuing storm made more ominous  by the choice of terminologies which instil more fear than precaution. 

Such approaches by the media, in fact, always add to the complexities, and rather than helping the situation,  create scopes for people in politics to make hey even in the deluge.

 

 

 

 

# agencies

COLLECTOR GANJAM REVIEWS PREPAREDNESS AS CYCLONE” FANI” IS EXPECTED IN GOPALPUR ON SEA

Written by

Report;Manoj Kanta Dash,Odishabarta 

Berhampur,01/05/19:Today at Berhampur Municipal Conference hall Collector Ganjam Vijay Amruta Kulange  reviewed the preparedness  as cyclone Fani is expected to make landfall on Odisha coast on 3rd May. As high windfall and heavy rainfall expected in adjoining districts, he has appealed people not to panic and stay alert. 

All district officers have been asked to stay prepared with micro plans with detailed activities, assignment of responsibilities to officials, relief materials and evacuation plans. They have been asked to keep all cyclone centres ready and pre-position all logistics support. 

As panic has gripped people of Ganjam district with India Meteorological Department  announcing that cyclonic storm Fani is likely to hit Ganjam district and the situation may  led to panic buying in the town and artificial scarcity of Potato, Onion and vegetables is being reported from the markets. Panic buying has led to rise of prices of essential commodities. 

However,Mr Vijay, Collector assure before Press that appropriate step already been taken to enforcement  team of Civil Supply to visit the main market of essential commodities and to report. 

Collector asked as heavy rains expected to lash coastal areas and adjoining villages on May 3 and 4, Mr Kulange ordered evacuation of people from low lying areas in the districts to safer places.

He has asked NDRF and Odisha Disaster Rapid Action Force (ODRAF), fire services rescue boats are on standby. A total multipurpose cyclone shelters have also been kept ready and all units to remain prepared.

Taking part with the Press conference BeMc Commissioner Mr.Chakravarti Singh Rathore asked all of his staff members to identify vulnerable people, those living in kutcha houses and low lying areas and shift them to the cyclone shelters. “Free cooked food, safe drinking water, health and sanitation and lighting facilities need to be ensured in all cyclone shelters,” Especially he ensure  to give special attention to women, children, old and physically challenged persons during evacuation. The Commissioner also asked to evacuate livestock and domestic animals in vulnerable areas to safer places under BeMc. 

Latest while filing this news information the Collector, Ganjam has ordered no person will be allowed to stay  in Kachha houses during the Cyclone. by 10 AM 98157 persons has been evacuated today.

WOMEN PROTEST ILLEGAL LIQUOR SALE, STAGE ROAD BLOCKADE IN GANJAM

Written by

Report;Pabitra Rauta,Odishabarta 

Beguniapada (Ganjam),01/05/19: Protesting liquor sale and alleging inaction by the concerned authorities, women of Sumandaal Panchayats under Kodola Police limits in the district here took to the streets today. 

The women alleged that despite repeated appeals to the district administration to take measures to shut the liquor outlets and check illegal sale of alcohol in the area, their voices fell on deaf ears. 

Sloganeering against illicit trade of liquor, hundreds of agitating women blocked the Old Baniabadi,Angaragaon,Sumandal and Vejiput road by burning tyres. They also staged demonstration in front of the house of the liquor trader of the village and finally the irritate females set fire to the shop of Sova Wines. 

“Even after repeatedly raising voices against the illegal liquor sale in the village, no concrete steps have been taken by the local administration Notably 15 days back the Villagers all  given a demand chart to the  Collector,Supt.Excise,SP,Ganjam.Three police platoon were deployed on spot.

The females alleged that Male members of our family come home drunk and fight with us,”  “Youths and even educated people of the village are gradually getting habituated to consume liquor.” 

Keeping in view of law and order Tahasildar,Mr Prabhat Parida,IIC Kodola,Mr Dillip Kumar Sahu,OIC Beguniapada OP Mr Dipti R Behera and Excise Inspector Ms Nabasmita Nayak were present at Demonstration spot. 

“After lodging complaints with the local administration several times, traders engaged in liquor sale on the other hand  Police failed to arrest those illegal vendors. 

Meanwhile, the officials of district administration are yet to comment on the matter. but the SDPO,Nimai Charan Sethy,Thesildar Ashok Tripathy reached on spot and tried to convince those Female demonstrators but failed. 

Road Blockade continue till late evening. All the Bus communication through this root is totally disrupted. 

An intellectual of the Blocks says, there must be Nexus in between the Vendors- Excise authority - Police and  under the umbrella of BJD Block leaders.

CYCLONE FANI IS LIKELY TO HIT THE ODISHA COAST BY 3RD MAY.

Written by

Report;Bureau,Odishabarta 

Berhampur,02/05/19:Coastal Odisha, Tamil Nadu, and Andhra Pradesh are on high alert after the Navy said that Cyclone Storm Fani, which is forming over the Bay of Bengal with wind speeds up to 200 kmph, has turned into an “extremely severe cyclonic” storm.Cyclone Fani is likely to hit the Odisha coast by May 3. 

According to director of Meteorological Department, Bhubaneswar, the speed of Cyclone Fani at the time of rainfall will be 175-185. 

Prime Minister Narendra Modi has asked his officials and the National Crisis Management Committee to stay in touch with the states at risk from Cyclone Fani. 

There is a chance that Fani could briefly become a Super Cyclonic Storm, equivalent to a Category 5 hurricane, during this time. 

According to Eric Leister, AccuWeather, senior meteorologist, Cyclone Fani continues to strengthen as it tracks over the Bay of Bengal and may make a direct hit on the eastern India coastline later this week. 

Residents from northern Andhra Pradesh to Odisha, Jharkhand, West Bengal and Bihar are at risk for impacts from the approaching cyclone. 

More than 100 million people are in the potential path of this life-threatening tropical cyclone. 

Fani is currently an extremely severe cyclonic storm with winds equal to a Category 3 hurricane in the Atlantic or East Pacific oceans. 

Additional strengthening is expected into Thursday as Fani could bring winds in excess of 213 km/h (132 mph), equal to a Category 4 hurricane. 

Fani is expected to remain a powerful and dangerous cyclone as it approaches and makes landfall along the coast of eastern India between Thursday night and Friday.

 

 

 

 

#agency

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