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SC seeks clarification on EVM-VVPAT technical aspects; ECI officials to respond at 2 pm (Ld)

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New Delhi, April 24 (IANS) The Supreme Court on Wednesday asked the Election Commission of India (ECI) to clarify if the microcontroller is installed in the controlling unit or in the VVPAT (Voter-Verifiable Paper Audit Trail).

A bench presided over by Justice Sanjiv Khanna sought to confirm if the microcontroller used in the poll process is “one-time programmable” or not.

“How many units of symbol loading units are available with you (ECI)?” further questioned the Bench, also comprising Justice Dipankar Datta.

Saying that the limitation for instituting an election petition is 45 days under the Representation of the People Act, the Supreme Court sought to know if the retention of cast votes is required to be extended as opposed to current practice where EVM data is retained under the impression that the limitation period for filing election petition is 30 days.

“During the hearing, the reason given for storage for 45 days was that an election petition has to be filed within 30 days i.e. 15 days extra. But, when we went through Section 81 of the Representation of the People Act, it provides for 45 days. Accordingly, the storage should be extended,” Justice Khanna told ECI and Centre.

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Further, he enquired if both the control unit as well as VVPAT bear the seal or only the control unit is sealed till the counting of the votes.

The apex court told senior advocate Maninder Singh, appearing for the ECI, to ask poll body officials to remain present at 2 p.m. to respond to its technical queries pertaining to the Electronic Voting Machines (EVMs).

“I will request the concerned officer to remain present before your lordships,” assured Singh. The matter will be taken up post lunch-break for hearing.

Last week, the top court reserved its verdict on a batch of public interest litigations (PILs) seeking mandatory cross-verification of the votes cast in EVMs with Voter-Verifiable Paper Audit Trail (VVPAT) slips.

In April 2019, the Supreme Court ordered the ECI to increase the VVPAT slips from one Electronic Voting Machine (EVM) per Assembly constituency to five. It had issued guidelines for mandatory verification of VVPAT slips, out of five randomly selected polling stations, after completing the final round of counting votes recorded in EVMs. A VVPAT is considered an independent verification system for voting machines, allowing voters to verify whether they have correctly cast their votes.

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–IANS

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African Swine Fever kills 5,430 pigs in Mizoram

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Aizawl, July 11 (IANS) Pig farmers and rearers in Mizoram have suffered colossal losses of over Rs 20 crore due to the outbreak of African Swine Fever (ASF) since February causing the deaths of over 5,430 pigs and culling of over 10,300 pigs, officials said on Thursday.

Officials in the Animal Husbandry and Veterinary (AHV) Department said that as the ASF outbreak continues unabated on average over 100 pigs die every day while over 200 pigs are being culled every day in different districts due to the infectious disease.

The officials said that pigs in over 160 villages in six districts – Aizawl, Champhai, Lunglei, Saitual, Khawzawl and Serchhip – have been infected by the ASF outbreak so far after the disease was first reported on February 9.

The ASF first reported bordering Mizoram in 2021, when according to the AHV officials, 33,420 pigs and piglets died due to the contagious disease while 12,800 pigs and piglets died in 2022 and 1,040 in 2023.

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The first case of ASF in Mizoram was reported in mid-March, 2021, from Lungsen village in Lunglei district along the Bangladesh border and since then, the disease has resurfaced every year.

Following the outbreak of ASF, the AHV department has declared various villages and localities in the six districts as infected areas under the Prevention and Control of Infectious and Contagious Disease in Animals Act, 2009, officials said.

With the fast spreading of the infection, the department has barred the supply of pigs, piglets and pork from the infected areas.

The state government also banned the import of pigs and piglets from neighbouring states and countries where often ASF infestations are being reported, AHV department officials said, adding that the outbreak of ASF mostly occurs when the climate begins to warm up and pre-monsoon rain commences in the state.

The government has so far provided compensation to several hundred families for the loss of pigs due to the disease.

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According to experts, the outbreak of ASF may have been caused by pigs or pork brought from neighbouring Myanmar, Bangladesh, and the adjoining states of the northeast.

Mizoram shares a 510-km-long unfenced border with Myanmar and 318 km with Bangladesh.

Pork is one of the most common and popular meats consumed by both the tribals and non-tribals in the northeastern region.

With heavy demand for pork in the region, its annual business is worth around Rs 8,000-10,000 crore in the northeast region, with Assam being the largest supplier.

–IANS

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Woman hacked to death in UP

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Sultanpur, July 11 (IANS) A woman was allegedly hacked to death by an unidentified assailant in the early hours of Thursday in Maganganj village of Uttar Pradesh’s Sultanpur district.

The incident occurred when the victim was sleeping in the courtyard of her home.

Additional Superintendent Police (ASP) Arun Chandra said that the victim, Zarina ,45, was found dead by her family members when they woke up in the morning.

“It seems likely that she was attacked with an axe. It is suspected that a family member may have killed her because there is no sign of forced entry and no one recalls hearing anything,” said ASP Chandra.

The body has been sent for post-mortem and an investigation is underway, police said.

According to Zarina’s family members, they found her decapitated body early on Thursday.

–IANS

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SC judge recuses himself from hearing Sisodia’s bail pleas

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New Delhi, July 11 (IANS) Supreme Court judge, Justice Sanjay Kumar on Thursday withdrew himself from hearing the bail plea of senior AAP leader, Manish Sisodia, in the alleged liquor policy scam.

At the outset, Justice Sanjiv Khanna, leading a three-judge Bench, informed senior advocate Abhishek Manu Singhvi, representing former Delhi Deputy Chief Minister Sisodia, about Justice Kumar’s recusal.

“Dr Singhvi, my brother Justice Kumar will not like to hear this matter for personal reasons,” said Justice Khanna.

Ultimately, the matter was directed to be listed in the week commencing July 15 before a different Bench after obtaining the directions of the Chief Justice of India (CJI), who is the master of the roster.

On Monday, senior AAP leader Sisodia’s counsel requested CJI, DY Chandrachud, to urgently list his pleas seeking bail.

He submitted that the top court had granted liberty to the senior AAP leader to revive his Special Leave Petitions challenging the denial of bail.

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Last month, the apex court had disposed of the former Deputy CM’s plea seeking bail in corruption and money laundering cases after Solicitor General (SG) Tushar Mehta, the second-highest law officer of the Centre, made an undertaking that the final charge sheet/complaint in the liquor policy case would be filed by July 3.

Earlier, the Delhi High Court had denied bail to the senior AAP leader, saying that he failed to pass the triple test for grant of bail in the corruption case and the twin conditions required under the Prevention of Money Laundering Act (PMLA), 2002.

A Bench of Justice Swarana Kanta Sharma of the High Court, however, clarified that he could continue to meet his ailing wife every week, on the same terms as set earlier by the trial court.

In March, the Supreme Court dismissed the curative petitions filed by Sisodia against the dismissal of his review pleas against its 2023 verdict denying him bail in connection with the liquor policy case.

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In its judgment delivered on October 30, 2023, the top court denied bail to Sisodia but said that if the trial proceeds slowly in the next three months, he may apply for bail afresh.

Special Judge Kaveri Baweja of Rouse Avenue Court had on April 30, refused to grant bail to Sisodia who was seeking regular bail a second time. During the trial court’s decision to deny bail, it was noted that delays in the case proceedings were largely due to actions attributable to Sisodia himself, dismissing his claims of undue delay.

Meanwhile, a Delhi court last week extended till July 15 the judicial custody of Sisodia in the excise policy case being probed by the ED.

–IANS

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Indian telecom sector poised for next stage of market repair: S&P Global Ratings

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New Delhi, July 11 (IANS) The Indian telecommunications industry looks set for the next phase of market repair, as it settles more stably into a three-player market, a report showed on Thursday.

According to a report by S&P Global Ratings, rising stability in the sector will boost earnings and solidify credit metrics.

“We believe entities will take the opportunity to embark on a much-needed focus on improving earnings and balance sheets. Investors will likely remain willing to amply fund the top three players,” the report noted.

Vodafone Idea’s recent equity raising has bolstered its viability.

“We assume that the two biggest entities — Bharti Airtel and Reliance Jio Infocomm — will now focus less on market share gains, and more on improving profits and improving their balance sheets,” the report mentioned.

The telcos have boosted their average revenue per user (ARPU) over the past three years.

The latest round of 15-20 per cent mobile tariff hikes for prepaid and postpaid plans by telecom service providers (TSPs) can result in additional operating profits of around Rs 20,000 crore for the industry once these hikes are fully absorbed, according to industry experts.

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S&P Global Ratings expects ARPUs to rise faster, after having slowed in the past 12-24 months.

However, the gains mainly reflect tariff hikes and rising demand for fast data.

“That said, in an industry defined by intense rivalry, steep spectrum costs, and unexpected regulatory shifts, an issuer’s financial cushion will remain key to its long-term viability,” it noted.

A stabilised three-player market will likely boost earnings.

“We believe Bharti Airtel and Reliance Jio may now focus on improving returns. This would be a shift from their prior stance of market share gains,” said the report.

–IANS

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Woman’s live-in partner cannot be prosecuted for cruelty as husband, says Kerala HC

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Kochi, July 11 (IANS) In a significant ruling, the Kerala High Court stated that a woman’s partner, who is not legally married, cannot be prosecuted under Section 498A of the IPC for the offence of cruelty.

The court on Thursday ruled this after quashing the proceedings against the petitioner who was the live-in partner of the complainant woman.

“Thus, it appears that in order to attract an offence punishable under Section 498(A) of IPC, the most essential ingredient is, subjecting a woman to cruelty by her husband or relative/relatives of the husband. The term ‘husband @ hubby’ means a married man, a woman’s partner in marriage. Thus, marriage is the constituent which takes the woman’s partner to the status of her husband. Marriage means a marriage in the eye of the law. Thus, without legal marriage, if a man becomes a woman’s partner, he will not be covered by the term ‘husband’ for the purpose of Section 498(A) of IPC,” ruled the court.

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The allegation was that the petitioner mentally and physically harassed the woman from March 2023 to August 2023 while they were in a live-in relationship.

The court further pointed out that to attract an offence under Section 498A, an offence of cruelty must be committed by the husband or relatives of the husband.

It stated that a man, who was a woman’s partner without legal marriage, cannot be prosecuted under Section 498A.

–IANS

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