“Upper house must not approve proposed media law in its current form”

first_img Thai premier, UN rapporteurs asked to prevent journalists being returned to Myanmar July 9, 2013 – Updated on January 20, 2016 “Upper house must not approve proposed media law in its current form” MyanmarAsia – Pacific Organisation Help by sharing this information Reporters Without Borders regrets the proposed Printing and Publishing Enterprise Law’s adoption by the lower house of parliament (Pyithu Hluttaw) on 4 July as it runs counter to all the interim Press Council’s recommendations and has been widely criticized by the Burmese media.“We fully support those journalists who are calling for this repressive bill to be abandoned,” Reporters Without Borders said. “The upper house must reject this proposed law in its present form as it does not meet international standards on protection of the media.“The state-owned New Light of Myanmar newspaper reports that information minister Aung Kyi has promised to consider all amendments submitted by the Press Council submits ‘as long as they meet international norms.’ Compliance with section 77 of the code of parliamentary procedure is not grounds for presenting such draconian legislation to parliament.“We seem to have reached a turning point in the reform process initiated by the government in 2011, one that will clarify its real intentions. The government cannot continue indefinitely to point to the measures it took in 2012 as evidence of its goodwill while at the same time trying to reassert control over the media.”Reporters Without Borders added: “We are aware that reform of media legislation is a long process that requires the involvement of many government bodies but at no point should the news providers themselves be excluded from this process.”The proposed Printing and Publishing Enterprise Law was adopted after inclusion of several amendments. The information ministry unveiled the original draft in March after the interim Press Council had just unveiled its own proposals.The Press Council immediately condemned the government’s draft as being too broad in its scope and, above all, for containing many restrictions on freedom of expression. For example, it forbids any criticism of the 2008 constitution and envisages maintaining the print media licensing system, which the information ministry can use to control media.Several journalists such as Thiha Saw and Zaw Thet Htwe announced yesterday that they would resign as members of the Press Council if they upper house approves the proposed law.At the same time, a proposed law for reforming the state-owned media is also being criticized by some journalists, who suspect that the government intends use it to keep a tight grip on what should be public service media.This latest clash between government and journalists has come just days after the authorities banned the July issue of Time Magazine because it had a cover story about the Burmese nationalist monk Ashin Wirathu called “The Face of Buddhist Terror.” to go further News RSF_en Receive email alerts RSF asks Germany to let Myanmar journalist Mratt Kyaw Thu apply for asylumcenter_img MyanmarAsia – Pacific May 26, 2021 Find out more News News Follow the news on Myanmar US journalist held in Yangon prison notorious for torture May 31, 2021 Find out more May 12, 2021 Find out more Newslast_img read more

Externment Order Is A Serious Inroad On Citizen’s Liberty, Innate Declaration Of Externing Man As Goonda Irreversibly Ruinous To His Reputation: Allahabad High Court

first_imgNews UpdatesExternment Order Is A Serious Inroad On Citizen’s Liberty, Innate Declaration Of Externing Man As Goonda Irreversibly Ruinous To His Reputation: Allahabad High Court Nupur Thapliyal14 April 2021 5:39 AMShare This – xThe Allahabad High Court recently observed that an externment order is a “serious inroad on citizen’s liberty” and that the innate declaration that a person is a “goonda” is “irreversibly ruinous of his reputation.”The observation came from a single judge bench comprising of Justice JJ Munir while setting aside orders made by the District Magistrate externing the petitioner under sec. 3(3) of…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Allahabad High Court recently observed that an externment order is a “serious inroad on citizen’s liberty” and that the innate declaration that a person is a “goonda” is “irreversibly ruinous of his reputation.”The observation came from a single judge bench comprising of Justice JJ Munir while setting aside orders made by the District Magistrate externing the petitioner under sec. 3(3) of the Uttar Pradesh Control of Goondas Act, 1970 along with an appellate approval order for the reason that they did not disclose “general nature of material allegations” against him within the mandate of the Act. The Court observed thus: “Once a person is proceeded with against under the Act of 1970, and externed under Section 3(3), classifying him as a goonda, the order is certainly stigmatic. It is for this reason also that an order of externment envisages provision of opportunity to show cause, under Section 3(2). This is not to say that the provision for opportunity is engrafted in the Statute, for the reason alone of its stigmatic effect; it is also there because an order of externment is a serious inroad on a citizen’s liberty.” The Court also went ahead to observe that: “A goonda is the anti-thesis of what a respectable or honourable man is. An externment order, which, thus, works as an innate declaration about the man externed being a goonda, is irreversibly ruinous of his reputation. It has been said time over again that reputation once lost can never been redeemed. The physical consequences of an externment order that last only for a period of six months, with the limited effect of abridgment of some liberty, are trivial when compared to the timeless consequence of ruining a reputation, that can perhaps never be regained.” According to the petitioner, a businessman by profession, it was submitted that a solitary case was registered against him under sec. 364A, 302, 404, 201 and 120B of IPC on 24th August 2016 whereafter there was a consequential implication in another case under sec. 2 and 3 of The Uttar Pradesh Gangsters and Anti-social Activities (Prevention) Act, 1986, which according to the petitioner was not a substantive offence. Police also implicated him in a third case on the basis of a beat report in 2017. It was the case of the petitioner that he not being a goonda within the meaning of sec. 2(b) of the Act, the externment order issued was not in conformity of sec. 3(1) as they did not carry “general nature of material allegations” against him thereby making the entire proceedings vitiated. Placing reliance on the judgment of Subramanian Swamy v. Union of India, Ministry of Law & Others (2016) 7 SCC 221 wherein the the Right to Reputation was regarded as a concomitant of the Right to Life guaranteed under Article 21 of the Constitution, the High Court observed thus: “Every person is presumed to be an honourable and respectable man, unless that presumption is dislodged in accordance with law. Therefore, dubbing some citizen as a goonda and externing him under the Act of 1970, is an act that would afford a cause of action to the person who suffers that order, which enures beyond its physical consequences. In the opinion of this Court, it would not be a sound legal proposition to say that a man may suffer the slur of being called a goonda, because he could not bring the order of externment passed against him to test within the term of its life. In the opinion of this Court, the petitioner is entitled to question the externment order, notwithstanding that order outrunning its life.” The Court went ahead to observe that the inconvenience stemming from the abridgment of liberty, that comes in the wake of an externment order, prohibiting entry of a person in the district, is of trivial consequence to the one externed, if this consequence were to be weighed against the harm that it brings to the individual’s reputation. “The physical consequences of an externment order that last only for a period of six months, with the limited effect of abridgment of some liberty, are trivial when compared to the timeless consequence of ruining a reputation, that can perhaps never be regained.” the Court observed. Considering the facts of the case, the Court observed that the satisfaction of the authorities about the petitioner being a goonda on mere registration of crime or expression of opinion by police “would be vitiated for lack of consideration”. “The manner in which the two Authorities below have proceeded to conclude that the petitioner is a goonda, merely because two crimes, contemporaneous in point of time, have been registered against him, besides a beat report, renders the conclusions no more than an ipse dixit of the Officers writing the orders impugned.” The Court said. Noting that the “general nature of material allegations” under sec. 3(1) of the Act must mention what the person proposed to be proceeded with against has done, the Court observed: “It is also beyond doubt that post mention of the fact that the person put under notice has indulged in acts or done something which attracts Clauses (a), (b) and (c) of sub-Section (1) of Section 3, it is not sufficient compliance with the requirement of informing that person about the “general nature of material allegations” against him, that a list of case crimes or the first information reports registered against him be mentioned. No doubt, particulars of the allegations are not required to be detailed in a notice under Section 3(1) of the Act of 1970, such as the date, time and place of a specific act, as in the case of a charge, but some substance of it must be mentioned. If a person is sought to be proceeded with against on ground that he is a goonda under Clause (a) of Section 3(1), the general nature of material allegations may, for instance, indicate the number of acts that he has habitually committed, abetted or attempted, that constitute commission, attempt or abetment of an offence punishable under Section 153-B of the Penal Code, over a specified period of time, in a particular locality or part of the town. ” With the aforesaid observations, the Court allowed the petition and quashed the impugned orders of the District Magistrate and appellate order by the Commissioner, Agra Division, Agra.Title: Pawan v. State of UP & Ors.Click Here To Read JudgmentSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

Vascular plant success in a warming Antarctic may be due to efficient nitrogen acquisition

first_imgFor the past 50 years there has been rapid warming in the maritime Antarctic1, 2, 3, with concurrent, and probably temperature-mediated, proliferation of the two native plants, Antarctic pearlwort (Colobanthus quitensis) and especially Antarctic hair grass (Deschampsia antarctica)4, 5, 6, 7, 8, 9, 10. In many terrestrial ecosystems at high latitudes, nitrogen (N) supply regulates primary productivity11, 12, 13. Although the predominant view is that only inorganic and amino acid N are important sources of N for angiosperms, most N enters soil as protein. Maritime Antarctic soils have large stocks of proteinaceous N, which is released slowly as decomposition is limited by low temperatures. Consequently, an ability to acquire N at an early stage of availability is key to the success of photosynthetic organisms. Here we show that D. antarctica can acquire N through its roots as short peptides, produced at an early stage of protein decomposition, acquiring N over three times faster than as amino acid, nitrate or ammonium, and more than 160 times faster than the mosses with which it competes. Efficient acquisition of the N released in faster decomposition of soil organic matter as temperatures rise14 may give D. antarctica an advantage over competing mosses that has facilitated its recent proliferation in the maritime Antarcticlast_img read more