News of the Day – Pramod Sawant government to face floor test today

News of the Day – Pramod Sawant government to face floor test today

Goa Governor Mridula Sinha has convened a special session of the Assembly on Wednesday for a floor test of the BJP-led coalition government of Chief Minister Pramod Sawant, who took charge in the early hours of Tuesday.

Mr. Sawant was sworn in as the 11th Chief Minister at the Raj Bhavan around 2 a.m. The 11-member Cabinet, which was also administered the oath of office, included two Deputy Chief Ministers — Sudin Dhavlikar of the Maharashtrawadi Gomantak Party (MGP) and Vijai Sardesai of the Goa Forward Party. The Cabinet included all Ministers under Manohar Parrikar, who died on Sunday.

Right to self-defense extends to protection of another person’s life and property, says Supreme Court

The right to self-defence extends not only to one’s own body but to protecting the person and property of another, the Supreme Court has interpreted the provisions of the Indian Penal Code (IPC).

In its verdict delivered on March 7, 2019, a Bench of Justices A.M. Sapre and R. Subhash Reddy deals with the right to private defence, enumerated in Sections 96 to 106 of the IPC, while acquitting a Tamil Nadu forest ranger who shot dead a sandalwood “smuggler” in the Dharmapuri forest area in 1988.

The trial court sentenced ranger Sukumaran to life in prison for murder. The Madras High Court reduced the term to five years. In appeal, the apex court concluded that Sukumaran had shot the “smuggler” Basha under threat to his own life and that of his driver, Chinnakolandai.

News of the Day – Prosecution version

The prosecution version was that Sukumaran shot Basha in the back. The ranger and his driver were in a jeep in the early hours, doing the rounds of the forest, when they saw a truck. They gave chase. The truck stopped and four men, including Basha, got out. Sukumaran took out his gun and fired at Basha, killing him. Sukumaran then planted a gun in the truck and loaded it with 276 kg of sandalwood to frame Basha as a smuggler, the prosecution said.

But the apex court completely disbelieved the prosecution version and rather went with what Sukumaran said. The latter said Basha and his companions first pelted stones at their jeep, following which they pulled out a gun on the ranger. Sukumaran was quick to draw and shoot Basha in self-defence. A complaint was promptly filed and two companions of Basha were brought to the police station.

The Supreme Court concluded that there was no reason for Basha and his companions to “roam” the forest area in the wee hours. Sandalwood was an expensive commodity. Sukumaran was only trying to protect his life and that of his driver. He was doing his duty. Besides, four of the prosecution witnesses turned hostile and the testimonies of the rest has no connection to the manner in which the incident occurred in 1988.

“The prosecution was not able to prove the manner in which the incident occurred as alleged by them in their charge sheet. In this view of the matter, the appellant [Sukumaran] is entitled to be acquitted from the charges for want of any evidence against him,” Justice Sapre wrote.

The court observed that the right of private defence extends not only to “the defence of one’s own body against any offence affecting the human body but also to defend the body of any other person. The right also embraces the protection of property, whether one’s own or another person’s, against certain specified offences, namely, theft, robbery, mischief and criminal trespass”.

The court explained that the right does not arise if there is time to have recourse to the protection of the public authorities. Nor does it extend to the infliction of more harm than is necessary.

When death is caused, the person exercising the right of self-defence must be under “reasonable apprehension of death, or grievous hurt, to himself or to those whom he is protecting”, the court explained.

News of the Day – Portfolio allocation

Mr. Sawant said the portfolios would be allocated in the next few days. With Mr. Sawant resigning as the Speaker, BJP MLA and Deputy Speaker Michael Lobo will be in the Speaker’s chair to conduct the floor test.

The BJP-led coalition has a majority of 21 in the truncated House of 36 MLAs — 12 BJP members, three each of the MGP and the Goa Forward Party and three Independents.

On the Opposition benches, the Congress has 14 MLAs and the Nationalist Congress Party has one MLA.

A key bone of contention in Monday’s negotiations steered by Union Minister Nitin Gandkari,was Mr. Dhavlikar’s younger brother and MGP president Dipak Dhavlikar’s determination to contest the Shiroda Assembly bypolls. The seat was vacated by Congress MLA Subhash Shirodkar, who joined the BJP, and goes to polls on April 23 along with the Lok Sabha polls in the State and two other Assembly bypolls.

While BJP insiders claimed on late Monday that Mr. Gadkari succeeded in convincing Mr. Dhavlikar to persuade his brother to withdraw from the Shiroda by-election in exchange for the deputy chief minister’s post he got along with Mr. Vijai Sardesai of Goa Forward, Mr. Dipak Dhavlikar on Tuesday ruled out his withdrawal, claiming the MGP got only two Cabinet berths as against the promised three.

Given the BJP’s lower numbers compared to the Congress, the three Assembly by-elections along with the election to two Lok Sabha constituencies in the State, assume significance for the stability of the coalition government.

Before reaching office, Mr Sawant called on the family of his mentor and predecessor, Mr Manohar Parrikar, and met his family. “Mr. Parrikar has been my political idol, guru and father figure… I am in politics, became a MLA, Speaker and now Chief Minister, all because of him. It is my duty to visit them (the late CM’s sons) after I become Chief Minister,” Mr. Sawant told reporters.

Earlier, Prime Minister Narendra Modi and Home Minister Rajnath Singh wished new Goa Chief Minister Pramod Sawant on Twitter. “Best wishes to Dr. Pramod Sawant and his team as they begin their journey towards fulfilling the dreams of the people of Goa. I am sure they will build on the work done in the last few years and boost Goa’s growth trajectory,” Mr Modi tweeted.

Source – The Hindu

Important Tags : Gktoday 2019 & Current affairs in Hindi & English / Today Current affairs / Daily Gk Update / Daily Current affairs /News of the day 18th March 2019/ Today Current affairs in Hindi 2019 / Today GK updates /28 February 2019/ Banking Online Classes

shivam