SC dismisses Jharkhand govt’s plea against HC decision quashing criminal case against BJP leaders
New Delhi (PTI): The Supreme Court on Monday dismissed a plea of the Jharkhand government against the high court’s decision quashing criminal cases against state BJP leaders and MP Nishikant Dubey over protests held in Ranchi in 2023, observing that prohibitory orders are misused whenever there is a protest.
A bench of Justices Abhay S Oka and Ujjal Bhuyan said it is not inclined to interfere with the August 14, 2024 order of the high court and dismissed the appeal.
At the outset, the counsel appearing for the Jharkhand government said despite prohibitory orders under section 144 of the CrPC in place, the accused held a protest which turned violent and several people, including administrative officials, were injured. The high court erred in its finding and said they have the right to protest, the counsel said.
The bench observed that nowadays there is tendency to impose prohibitory orders, whenever there is protest.
"If we interfere, it will send the wrong signal. What is the requirement of issuing orders under section 144 of CrPC, if somebody wants to hold a demonstration. This happens because section 144 of CrPC is being misused," the bench said.
The counsel said the protest turned violent and stone pelting was done.
The protest was held by the Central and state BJP leaders on April 11, 2023 in Ranchi, in which over 5,000 people participated at a time when prohibitory orders under section 144 of CrPC were in place.
In August last year, the high court, while quashing the case registered against the BJP leaders, said the right of people to hold peaceful protests and demonstrations, etc is a fundamental right guaranteed under Articles 19(1)(a) and 19(1)(b) of the Constitution.
"Right to protest is recognised as a fundamental right under the Constitution of India. Further, this right is crucial in a democracy which rests on participation of an informed citizenry in governance and it strengthens representative democracy by enabling direct participation in public affairs where individuals and groups are able to express dissent and grievances, expose the flaws in governance and demand accountability from the State authorities as well as powerful entities," it had said.
The high court said holding peaceful demonstrations by the citizenry in order to air its grievances and to ensure that these grievances are heard in the relevant quarters is its fundamental right.
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2 Indian nationals part of crew of luxury cruise ship that reported hantavirus outbreak
London (PTI): At least two Indian nationals are part of the crew of the Dutch vessel MV Hondius which reported a hantavirus outbreak with five confirmed cases and three deaths so far, according to the BBC.
The luxury cruise ship, operated by Oceanwide Expeditions, began its journey on April 1 from Argentina’s Ushuaia and is expected to arrive in Spain’s Canary Islands on May 10.
About 150 passengers and crew from 28 countries were initially aboard the luxury cruise, but dozens disembarked on the island of St Helena on April 24, according to the report.
Of the 28 nationalities onboard, 38 are from the Philippines, 31 from the UK, 23 from the US, 16 from the Netherlands, 14 from Spain, nine from Germany, six from Canada, and two crew members from India, among others, the BBC reported.
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The World Health Organization said on Thursday that five of the eight suspected hantavirus cases had been confirmed.
A 69-year-old Dutch woman, confirmed to have the virus, has died; her Dutch husband and a German woman were also among the fatalities. Their cases are being investigated.
The UN health agency has said the outbreak is not the start of a pandemic.
Maria van Kerkhove, an infectious disease epidemiologist at WHO, told a news briefing that the situation is not the same as six years ago with Covid-19 because hantavirus spreads through “close, intimate contact”.
Van Kerkhove said “this is not Covid, this is not influenza, it spreads very, very differently”. She said authorities had asked “everyone to wear a mask” on board the MV Hondius.
Those in contact with or caring for suspected cases, she added, should “wear a higher level of personal protective equipment”.
Hantavirus typically spreads from rodents - but in the latest outbreak the transmission between people was documented for the first time, the WHO said.
Meanwhile, health authorities are racing to trace dozens of people who have recently disembarked from the Dutch vessel MV Hondius.
Oceanwide Expedition said 29 passengers, of at least 12 different nationalities, had left the MV Hondius in St Helena, the British Overseas Territory.
It also said the body of one deceased person—now known to be a Dutch man - was taken off the vessel.
Seven of those who left the cruise liner were British nationals.
