Hindustan Times (Delhi)

HC FOR TASK FORCE TO CURB CITY POLLUTION

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The Delhi high court on Thursday proposed setting up of a standing task force to handle the issue of air pollution in the national capital.

A bench of Justice S Ravindra Bhat and Justice Pratibha M Singh said that instead of the court giving directions from time to time to curb air pollution, the task force can perform the function and also monitor the progress.

“We should only be doing the job of nudging the executive to take the steps,” the court said while hearing a petition initiated by it for addressing the increasing air pollution in Delhi.

It listed the matter for July 4 by when names have to be suggested for setting up the task force.

The bench, meanwhile, directed the East Delhi Municipal Corporatio­n (EDMC) to take steps to ensure compliance of the court’s earlier orders for clearing the encroachme­nt in Anand Vihar area here.

The Indian Railways was also ordered to comply with the court’s direction to build a road to divert the heavy traffic near theAnandVi­harbusdepo­t. Both the authoritie­s were asked to file their status reports before the next date of hearing. HTC

The court didn’t make it clear whether Pakistan must now allow Indian diplomats to meet him.

The ICJ also agreed with India’s arguments about the urgency of Jadhav’s case, saying “the mere fact that Mr Jadhav is under a death sentence and might therefore be executed is sufficient to demonstrat­e the existence of a risk of irreparabl­e prejudice to the rights claimed by India”.

The ICJ noted that Pakistan had indicated that any execution “would probably not take place before the month of August 2017”.

“This means that there is a risk that an execution could take place at any moment thereafter, before the court has given its final decision in the case. The court also notes that Pakistan has given no assurance that Mr Jadhav will not be executed before the court has rendered its final decision,” it said.

Former attorney general Harish Salve, India’s lead lawyer at the ICJ, was praised by Prime Minister Narendra Modi and Sushma Swaraj for his strong defence of Jadhav. Modi telephoned Swaraj to thank her and appreciate the efforts of Salve, officials said.

Salve, who took a token fee of ₹1 to appear in the ICJ, told a TV news channel: “I felt a positive energy when I was arguing the case. I felt judges were connecting. I felt gratified. I did not feel that connection when the other side was arguing.”

He added, “It was a complicate­d subject. We worked hard and prima facie got acceptance on all our points. We are now a lot more emboldened and a lot more invigorate­d.”

Pakistan says Jadhav, 46, was arrested in March last year in the restive Balochista­n province. In April, a military court sentenced him to death for alleged involvemen­t in spying and subversive activities. India has contended he was kidnapped from the Iranian port of Chabahar and his secret trial was a “farce”.

Analysts and observers blamed Pakistan’s legal team for the setback caused by the ICJ’s order. Some argued Pakistan was unable to present its case forcefully because of its weak legal team and others said the country should not even have appeared at the World Court.

Former attorney general Irfan Qadir said he was shocked by the decision. “I think this decision is a violation of the principle of natural justice. I am shocked as to why Pakistan went there and presented their position and gave it in such a rush,” he said.

Shaiq Usmani, a retired judge of the Supreme Court, told a newspaper the decision was alarming because the “ICJ does not have jurisdicti­on”. He said, “It is Pakistan’s mistake to have appeared there. They shouldn’t have attended. They have shot themselves in the foot.”

He added, “Until the ICJ gives it verdict, the case will go on in Pakistan. But (Jadhav) cannot be executed until the stay order is there.”

London-based barrister Rashid Aslam said Pakistan was ill-prepared and did not make full use of the 90 minutes it had to make its argument at the ICJ. He contended that under the Vienna Convention, a spy’s human rights are forfeited.

Lawyer Faisal Siddiqi said the issue was one of consular access “which Pakistan should have given in the first place”.

Another lawyer, Farogh Nasim, said Pakistan should not have conceded to the ICJ’s jurisdicti­on. “India did not give consent to the Kashmir issue going to the ICJ, then why did Pakistan give consent to the Jadhav case?”

It is Pakistan’s mistake to have appeared there (ICJ). They shouldn’t have attended. They have shot themselves in the foot

The cost of energy generation is likely to come down as the tax incidence on coal will come down to 5% from about 11% now.

Jammu and Kashmir, which has a special Constituti­onal status, will pass separate laws regarding central, state and inter-state GST so that the Himalayan state can roll out the tax reform from July 1, said a senior state official.

“We cannot delay GST implementa­tion as it could affect movement of goods into and out of the state,” the official said on the condition of anonymity.

JAMMU & KASHMIR WILL PASS SEPARATE LAWS REGARDING

CENTRAL, STATE AND INTERSTATE GST

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