Category: ilalysvr

A FTSE 100 growth and dividend stock I’d buy and hold forever

first_imgA FTSE 100 growth and dividend stock I’d buy and hold forever Our 6 ‘Best Buys Now’ Shares Simply click below to discover how you can take advantage of this. Rupert Hargreaves | Sunday, 7th June, 2020 | More on: EXPN Click here to claim your copy now — and we’ll tell you the name of this Top US Share… free of charge! Image source: Getty Images “This Stock Could Be Like Buying Amazon in 1997” I would like to receive emails from you about product information and offers from The Fool and its business partners. Each of these emails will provide a link to unsubscribe from future emails. More information about how The Fool collects, stores, and handles personal data is available in its Privacy Statement.center_img Rupert Hargreaves owns no share mentioned. The Motley Fool UK has recommended Experian. Views expressed on the companies mentioned in this article are those of the writer and therefore may differ from the official recommendations we make in our subscription services such as Share Advisor, Hidden Winners and Pro. Here at The Motley Fool we believe that considering a diverse range of insights makes us better investors. Renowned stock-picker Mark Rogers and his analyst team at The Motley Fool UK have named 6 shares that they believe UK investors should consider buying NOW.So if you’re looking for more stock ideas to try and best position your portfolio today, then it might be a good day for you. Because we’re offering a full 33% off your first year of membership to our flagship share-tipping service, backed by our ‘no quibbles’ 30-day subscription fee refund guarantee. Buying any FTSE 100 stock right now might seem like a risky prospect. Indeed, the outlook for the global economy is highly uncertain, and the coronavirus crisis is nowhere near its end.However, some firms have performed better than others in the crisis. One FTSE 100 company in particular stands out for its resilience in uncertain times.5G is here – and shares of this ‘sleeping giant’ could be a great way for you to potentially profit!According to one leading industry firm, the 5G boom could create a global industry worth US$12.3 TRILLION out of thin air…And if you click here we’ll show you something that could be key to unlocking 5G’s full potential…FTSE 100 market leaderGathering and analysing credit card and other financial data from consumers is hardly an exciting business. But, for FTSE 100 data champion Experian (LSE: EXPN), it is a highly profitable one.Experian is one of the largest financial data businesses in the world. This gives the company a tremendous competitive advantage. In the data business, size is everything. The more data you have, the better your competitive advantage over the rest of the industry.It’s tough for smaller competitors to gather a lot of data very quickly. As a result, big established companies tend to dominate the market. This suggests the FTSE 100 champion should continue to dominate for many years.And while the outlook for the global economy is highly uncertain at present, Experian’s subscription-based business model should help insulate the company against economic uncertainty.What’s more, security is paramount. Experian claims to have some of the best cybersecurity protections in the world, and that’s vital to ensure the company’s success.As the FTSE 100 group has capitalised on its market position over the past decade, Experian has produced attractive returns for shareholders. The stock has delivered a total performance of 17% per annum for the past decade. At that rate of return, every £1,000 invested in the company a decade ago would be worth £5,400 today.Dividend champion There’s no guarantee the stock will continue to earn these sort of returns going forward. Nonetheless, Experian’s competitive advantages suggest that the business may be able to produce more market-beating returns as the FTSE 100 company builds its position in the data analysis market to grow profits.As well as producing steady earnings growth over the past 10 years, Experian has established itself as a dividend champion. It has an excellent track record of above-inflation dividend increases.While the stock’s current dividend yield of 1.3% may not appear particularly attractive compared to the rest of the market, it is covered twice by earnings per share. So, it looks quite safe for the time being.As such, it may be worth considering adding this FTSE 100 growth dividend champion to your portfolio today. Experian is a global leader in its sector. The company’s substantial competitive advantages should help it stay in this position for many years to come.If the past 10 years is anything to go by, this could translate into substantial returns for shareholders as the group expands into new markets and builds on its dominant market position. See all posts by Rupert Hargreaves I’m sure you’ll agree that’s quite the statement from Motley Fool Co-Founder Tom Gardner.But since our US analyst team first recommended shares in this unique tech stock back in 2016, the value has soared.What’s more, we firmly believe there’s still plenty of upside in its future. In fact, even throughout the current coronavirus crisis, its performance has been beating Wall St expectations.And right now, we’re giving you a chance to discover exactly what has got our analysts all fired up about this niche industry phenomenon, in our FREE special report, A Top US Share From The Motley Fool. Enter Your Email Addresslast_img read more

Durham Bishop Justin Welby named 105th archbishop of Canterbury

first_img An Evening with Presiding Bishop Curry and Iconographer Kelly Latimore Episcopal Migration Ministries via Zoom June 23 @ 6 p.m. ET November 9, 2012 at 1:26 pm Thanks be to God! May Our Lady of Litigation be stopped from further destroying what was once a roomy church for many views. God be praised for holy bishops who believe in more than social work. November 10, 2012 at 3:05 pm Welby has been for traditional marriage but has indicated he is evolving…which to me means he will change his position and would never have been chosen had he not been wish washy. In our circle this change would fracture our relationship with the Anglican communion Rector Knoxville, TN Jason Newton says: Rector (FT or PT) Indian River, MI Curate (Associate & Priest-in-Charge) Traverse City, MI Comments (17) Christopher Cleveland says: Priest Associate or Director of Adult Ministries Greenville, SC Virtual Celebration of the Jerusalem Princess Basma Center Zoom Conversation June 19 @ 12 p.m. ET Ya no son extranjeros: Un diálogo acerca de inmigración Una conversación de Zoom June 22 @ 7 p.m. ET The Church Investment Group Commends the Taskforce on the Theology of Money on its report, The Theology of Money and Investing as Doing Theology Church Investment Group Episcopal Church releases new prayer book translations into Spanish and French, solicits feedback Episcopal Church Office of Public Affairs Donald Jack Newsom says: November 10, 2012 at 10:40 am The historical Word of The Lord may not evolve but our mortal, (and consequently) flawed understand most certainly does. God also speaks continuously and we should avoid being deafened to what our Lord is saying in the here and now by undue fixation on ancient wisdom. Michael Richard says: November 10, 2012 at 11:42 pm He is the man who bet with his life in reconciling between war lords (Shia/Sunni conflict) in Baghdad and Nigeria (between Muslim/Christian). He also have life experience with personal tragedy, losing his 7 month old daughter in 1983 in a car accident, and transformed to new life giving up his highly paid executive job in oil company to ministry of God . Evolving with sexual love and out dating biblical teaching, shredding of old self and transformed to new life with Christ is hard to believe. May God bless him and his family. Jason Newton says: Donald Jack Newsom says: Ric Tanner says: Rector Washington, DC Rector Belleville, IL Jason Newton says: Jason Newton says: November 11, 2012 at 10:25 am We are indeed delighted that God has given us a new shepherd. We believe that Justin is equal to the task and he will work hard to unite the already divided Anglican family. Our prayers are with him and we shall support him. We are anxious to see how he handles the issue of same sex marriages which risks disintegrating the Anglican Church.Dr. D. K. NkongeChuka UniversityKenya November 10, 2012 at 3:00 pm I regularly study scripture with a scholarly man. Our time and place in history does not change the value or intent of scripture. The inspired word was written for all ages…to add to the meaning just because of popular beleifs… is ..well …you know what. November 10, 2012 at 1:54 am I am interested in knowing what his stand is on the issue of same-sex marriage. We just passed a law allowing for such in the state of Maine. I know it has been an often heated debate in the Anglican community. Am I correct in my understanding that Archbishop Williams was against it? I welcome any information and discussion on the subject. Tags Canon for Family Ministry Jackson, MS Durham Bishop Justin Welby named 105th archbishop of Canterbury This Summer’s Anti-Racism Training Online Course (Diocese of New Jersey) June 18-July 16 The Rt. Rev. Justin Welby. Photo/Bishop Auckland[Episcopal News Service] Following months of anticipation and media speculation, Downing Street confirmed Nov. 9 that the Queen has approved the nomination of Diocese of Durham Bishop Justin Welby as the 105th archbishop of Canterbury.As the 105th archbishop in a succession spanning more than 1400 years, Welby will assume the multi-faceted role as spiritual leader of the Anglican Communion, Primate of All England, and bishop of the Diocese of Canterbury.Church of England bishops are appointed rather than elected, with a 16-member Crown Nominations Commission putting forward two names — a preferred candidate and a second candidate — to Downing Street. The U.K. prime minister then seeks approval from the British monarch, who is the supreme governor of the Church of England.Before his ordination to the priesthood in 1992, Welby studied law and history at Cambridge University and then spent 11 years as an executive in the oil industry. After a decade in parish ministry, he was appointed a canon residentiary, and later sub-dean, of Coventry Cathedral. He served as dean of Liverpool Cathedral from 2007-2011.As bishop of Durham, the fourth-most-senior position in the Church of England to which he was consecrated in October 2011, Welby is automatically granted a seat in the House of Lords.Welby, 56, will succeed the Most Rev. Rowan Williams, who will step down at the end of the year after serving as the 104th archbishop of Canterbury since February 2003. Williams has accepted a new post as master of Magdalene College, Cambridge.Welby’s enthronement as 105th archbishop of Canterbury will be held March 21, 2013, in Canterbury Cathedral.Welby is married to Caroline and they have five children, aged 16-27.[An ENS article with reactions to Welby’s appointment and reflections on Williams’ 10-year tenure is available here.]“I don’t think anyone could be more surprised than me at the outcome of this process,” said Welby, according to a Lambeth Palace press release. “It has been an experience, reading more about me than I knew myself. To be nominated to Canterbury is at the same time overwhelming and astonishing. It is overwhelming because of those I follow, and the responsibility it has. It is astonishing because it is something I never expected to happen.“One of the hardest things will be to leave Durham. I work with a group of wonderful senior colleagues and remarkable clergy and lay people. It is an astonishing part of the country, one which as a family we were greatly looking forward to living in for many years. The people are direct, inspiring and wonderfully friendly. In many ways it has been the ancient cradle of British Christianity. It is a place of opportunity and an even greater future than its past.”Williams issued said he is “delighted at the appointment … I have had the privilege of working closely with [Welby] on various occasions and have always been enriched and encouraged by the experience.“He has an extraordinary range of skills and is a person of grace, patience, wisdom and humor. He will bring to this office both a rich pastoral experience and a keen sense of international priorities, for Church and world. I wish him – with Caroline and the family – every blessing, and hope that the Church of England and the Anglican Communion will share my pleasure at this appointment and support him with prayer and love.”Presiding Bishop Katharine Jefferts Schori said: “I am delighted to hear of Bishop Welby’s appointment as archbishop of Canterbury. He brings knowledge of the immense challenges of the world in which the Anglican Communion seeks to partner in the service of God’s mission to heal and reconcile.”Jefferts Schori noted that Welby has experience of churches in several parts of the Anglican Communion, “which should serve him well. The bishops of The Episcopal Church have met him and shared fruitful conversation, worship, and learning with him during a House of Bishops meeting earlier this year. We also welcomed him to our General Convention in 2009.“I give thanks for his appointment and his willingness to accept this work, in which I know his gifts of reconciliation and discernment will be abundantly tested. May God bless his ministry, shelter his family, and bring comfort in the midst of difficult and lonely discernment and decisions.”President of the House of Deputies the Rev. Gay Clark Jennings told ENS that at every international gathering of Anglicans that she has attended, she has come away with the same conviction — that most of the people in the Anglican Communion are eager “to work together for the sake of the gospel whatever our difference over specific theological points. We need an archbishop of Canterbury who wants to facilitate that cooperation and encourage the partnerships that are waiting to be born.”Jennings said that Welby “is held in high regard” by Episcopalians who know him well.“As a conflict negotiator, he has demonstrated extraordinary courage and unusual skill in persuading people with far greater differences than those within the Anglican Communion to work together and to reconcile,” she said. “This gives me hope that he is the right person for this challenging moment in the Anglican Communion’s history.” Rector Smithfield, NC AddThis Sharing ButtonsShare to PrintFriendlyPrintFriendlyShare to FacebookFacebookShare to TwitterTwitterShare to EmailEmailShare to MoreAddThis Inaugural Diocesan Feast Day Celebrating Juneteenth San Francisco, CA (and livestream) June 19 @ 2 p.m. PT November 13, 2012 at 5:29 pm Donald Jack Newsom wrote: “Then, what is your position on the notion of viewing the Scriptures in historical-critical context?”My answer: from “Living Tradition”,The most basic issue is the question of reality. Catholic faith is an affirmation of the reality of its object. This means that Catholic faith, while it is primarily and per se an affirmation of the dogmas of Catholic faith, is also, secondarily and per accidens, an affirmation of the reality of what is stated in Sacred Scripture rightly understood. Therefore, what seem to be presented in Sacred Scripture as historical accounts are to be defended as historical accounts unless the contrary is proved to be true, both because of the presence of divine inspiration and because what is contained in the biblical accounts is recognized to be in the one continuum of reality that is first known from natural awareness and experience. Central to this whole discussion is the notion of historical reality. We contend that science is science only to the extent that its medium of thought is recognized and defined, and, therefore, that historical science is historical science only to the extent that the historical medium of thought is recognized and defined in the mind of the historian. The frame of reference in the mind of the historian is his historical present. Neo-Patristic exegetes contend that the awareness in the mind of the biblical scholar of the presence of the one true God, of the God who presents Himself in the Sacred Scriptures, is necessary for the scientific interpretation of the Scriptures. Gunkel makes a patronizing reference to the “providence of God” in the final sentence of his Introduction without endorsing the idea, 51 and in his form-criticism every mention of the action of God in history is deemed “mythical.” Patristic exegesis, on the contrary, is built upon the awareness of the presence of God, now and in the past. And neo-Patristic exegesis critically examines and rejects evidences of deism, naturalism, rationalism, and modernism in the mental frameworks of form-critics. Thus, for neo-Patristic researchers, the “criticism” in historical criticism, taken as an acceptable approach, requires study of mental frameworks as well as of biblical texts. Especially to be criticized is the form-critical assumption that supernatural events are “unscientific.” We shall examine whether this presupposition of naturalism is not a confusion of historical method with the special methods of the natural sciences. In the historical rise of the historical-critical school, literary-criticism led to form-criticism through the influence of Hermann Gunkel and others. In the rise of the neo-Patristic school, it is hoped that a healthy criticism of the historical-critical method will lead to a broad acceptance of the traditional Four Senses of Sacred Scripture, with special emphasis on the historical sense. The great thrust of neo-Patristic exegesis derives from the greatly expanded horizon of historical research and methodology, with all of the challenges that this brings to the Patristic approach, and thus, in the opening up of new dimensions of meaning in the sacred text to traditionally oriented exegetes as they meet the challenges presented by modern biblical scholarship. Episcopal Charities of the Diocese of New York Hires Reverend Kevin W. VanHook, II as Executive Director Episcopal Charities of the Diocese of New York Christopher Cleveland says: Submit a Press Release John M. Johnstone says: Archbishop of Canterbury November 11, 2012 at 1:07 am Interesting choice. I pray that he will provide much needed reconciliation and discernment in the Anglican Communion. He has a lot to offer in this field and is somewhat more open to listening rather than pontificating. TryTank Experimental Lab and York St. John University of England Launch Survey to Study the Impact of Covid-19 on the Episcopal Church TryTank Experimental Lab Curate Diocese of Nebraska Virtual Episcopal Latino Ministry Competency Course Online Course Aug. 9-13 Episcopal Migration Ministries’ Virtual Prayer Vigil for World Refugee Day Facebook Live Prayer Vigil June 20 @ 7 p.m. ET Assistant/Associate Rector Washington, DC Rector Albany, NY Rector and Chaplain Eugene, OR Family Ministry Coordinator Baton Rouge, LA In-person Retreat: Thanksgiving Trinity Retreat Center (West Cornwall, CT) Nov. 24-28 Featured Jobs & Calls Rector/Priest in Charge (PT) Lisbon, ME Director of Administration & Finance Atlanta, GA Sam Colson says: Rev. Isaac Mbogo Rukungu says: Course Director Jerusalem, Israel The Church Pension Fund Invests $20 Million in Impact Investment Fund Designed to Preserve Workforce Housing Communities Nationwide Church Pension Group Youth Minister Lorton, VA Remember Holy Land Christians on Jerusalem Sunday, June 20 American Friends of the Episcopal Diocese of Jerusalem Rev. Dr Dickson Nkonge Kagema says: Bishop Diocesan Springfield, IL Rector Pittsburgh, PA Press Release Service Julian MalaKar says: Submit a Job Listing Join the Episcopal Diocese of Texas in Celebrating the Pauli Murray Feast Online Worship Service June 27 Bill Hunter says: Director of Music Morristown, NJ Associate Rector for Family Ministries Anchorage, AK Rector Shreveport, LA Rector Collierville, TN An Evening with Aliya Cycon Playing the Oud Lancaster, PA (and streaming online) July 3 @ 7 p.m. ET June 10, 2013 at 1:22 pm It was indeed a timely season for the passing on of the mantle for the top leadership of the Anglican Communion. Under the sherpheding of our new Spiritual father, this great community will definately be led into newer and greener pastures. However, the 21st realities of “same sex union” and “divisions” which the Anglican Communion is not aloof will still need to be addressed. We look unto you the Most Rev. Dr. Welby as our Spiritual father and leader for direction. You have our support, prayers and love as fulfill this divine appointment.Rev. Isaac M. RukunguNairobi Diocese – Kenya November 9, 2012 at 9:11 pm Mr. Newton, why the deep sadness and the negative tone?? How about giving him the benefit of the doubt? The man hasn’t even been enthroned yet!BISHOP Welby, in my opinion, meant that HE is evolving, as humans do through study/perception/prayer/knowledge/common sense. I used to think these were positive and enlightening traits, especially in matters of religion/spirituality…. Apparently since your life is now ruined, I might have to rethink this…. Cathedral Dean Boise, ID Rector Bath, NC New Berrigan Book With Episcopal Roots Cascade Books November 13, 2012 at 2:50 pm Then what do you and the scholarly individual you study Scripture with make of,1. Leviticus 19:19, particularly where it is written “Do not wear clothing woven of two kinds of material.” It is entirely possible that the most prevalent clothing material in current use, cotton polyester, runs afoul of this dictum as not wearing mixed material clothing also spoke to the purity God expected Jews to observe and2. Deuteronomy 21:18-21These are both reminders that this question of historical critical context goes beyond mere popular beliefs. To take Deuteronomy 21:18-21 literally in this day and age would be tantamount to bring an unruly child before the city council, having said council pronounce sentence, then take him out side the city limits or the city’s extraterritorial jurisdiction and kill him. In this day and age, law enforcement/judiciary system duties are no longer part of the City Council’s job description as they were in Biblical times. I would recommend that you and your scholarly study partner consult with your local District Attorney regarding the crimes and current procedure for putting a juvenile to death. Bede Parry says: By Matthew DaviesPosted Nov 9, 2012 Rector Hopkinsville, KY Associate Rector Columbus, GA Rector Tampa, FL Assistant/Associate Priest Scottsdale, AZ Featured Events November 14, 2012 at 8:40 pm I congratulate Bishop Welby and I look forward to a very successful tenure. The Worldwide Anglican Communion has much to offer this very troubled world, and the Bishop’s background seems to have prepared him to grasp the gifts and Grace of the Holy Trinity. Godspeed. Submit an Event Listing Assistant/Associate Rector Morristown, NJ Rector Martinsville, VA Anglican Communion, Priest-in-Charge Lebanon, OH November 9, 2012 at 7:05 pm Sounds to me like it was a popularity contest…the word of our Lord doesn’t “evolve” Mr Welby says his convictions are evolving. I am deeply saddened by this. November 10, 2012 at 7:57 am Then, what is your position on the notion of viewing the Scriptures in historical-critical context? Missioner for Disaster Resilience Sacramento, CA Associate Priest for Pastoral Care New York, NY Seminary of the Southwest announces appointment of two new full time faculty members Seminary of the Southwest November 9, 2012 at 10:16 pm My life is not ruined. You know where this is going and so do I. Either you think the word is the truth or you don’t. The church is subjecting itself to popular opinion and thought..little of which aligns itself with the teachings of Jesus.. in fact …was he not in direct conflict with the lust and self centered world. I deeply love our church as I am sure you do as well, but Jesus and his word is above all the conflict…we are asked to subjugate our lust and worldly pursuits all of which I am part . Why would I give a church leader the benefit of the doubt…when I doubt nothing from the wriiten word of our Bible November 9, 2012 at 6:15 pm It is my hope that the Holy Spirit is alive and well in this decision. He faces many challenges. My prayers for him and his family as they begin this new important ministry. Comments are closed.last_img read more

Springboks determined to avoid ‘a sequel’ by picking strong team to face Japan

first_imgTuesday Sep 3, 2019 Springboks determined to avoid ‘a sequel’ by picking strong team to face Japan Meeting for the first time since the infamous 34-32 loss at the 2015 Rugby World Cup, the Springboks will take on Japan in their own back yard on Friday in their final warm-up match ahead of the tournament. Coach Rassie Erasmus has insisted that they will not take the hosts lightly.ADVERTISEMENTThere is just one change from the 23 that drew 16-16 with New Zealand in July, as now fully recovered skipper Siya Kolisi comes into the squad to take on Japan in Kumagaya.Continuing with his rotation policy, Erasmus has now made 18 changes from the squad that beat Argentina 24-18 two weeks ago.“I hope this selection will send a strong message that we have the utmost respect for Japan,” said Erasmus.“Perhaps we made the mistake of complacency against them in the past but we’ve been hammering the message all week that we should never do that again against Japan.“They’re a smart team of great athletes, playing at home, having won a title in the past month and now desperate to prove something. This Test is as big a challenge as any we’ve had this season.”ADVERTISEMENTThe Japanese have a 100 percent record against South Africa, having famously won the only meeting between the teams, 34-32, at Brighton in England during the 2015 Rugby World Cup.The current Springbok squad has nine survivors of that match-day 23 – Kriel, Handré Pollard, Du Toit, Kolisi, Francois Louw, Eben Etzebeth, Lood de Jager, Tendai Mtawarira and Trevor Nyakane – and Erasmus said the 2019 squad had discussed that match. Only De Jager will not re-appear on Friday.“That kind of result can easily happen again if we don’t learn from the past,” he said. “Our players who were there have held up their hand and said they totally under-estimated Japan. If our mindset isn’t right and we’re looking beyond this game then we’ll play right into Japan’s hands.“This is a Springbok Test match against a team ranked in the world’s top ten, in their own backyard, and we’ve got to be full-on if we want to win – anything less and we’ll be in trouble.ADVERTISEMENT“They made a movie about the last time they played us – it’s our job to make sure there’s no sequel.”Friday’s match kicks off at 19h15 local time (kick-off 12h15 SA time).The Springboks received a warm welcome at their first training session in Japan.  See footage of that belowThe Springbok team to face Japan in Kumagaya:15. Willie le Roux, 14. Cheslin Kolbe, 13. Lukhanyo Am, 12. Damian de Allende, 11. Makazole Mapimpi, 10. Handré Pollard, 9. Faf de Klerk, 8. Duane Vermeulen, 7. Pieter-Steph du Toit, 6. Siya Kolisi (captain), 5. Franco Mostert, 4. Eben Etzebeth, 3. Frans Malherbe, 2. Malcolm Marx, 1. Steven KitshoffReplacements:16. Bongi Mbonambi,  17. Tendai Mtawarira, 18. Trevor Nyakane, 19. RG Snyman, 20. Francois Louw, 21. Herschel Jantjies, 22. Frans Steyn, 23. Jesse Kriel Posted By: rugbydump Share Send Thanks Sorry there has been an error News Related Articles 25 WEEKS AGO Exeter vs Toulouse is off as a number of… 25 WEEKS AGO Danny Cipriani leaves Gloucester with immediate… 25 WEEKS AGO ‘Aphiwe can’t believe it. We were starting… From the WebThis Video Will Soon Be Banned. Watch Before It’s DeletedSecrets RevealedYou Won’t Believe What the World’s Most Beautiful Girl Looks Like TodayNueeyUrologists Stunned: Forget the Blue Pill, This “Fixes” Your EDSmart Life ReportsDoctors Stunned: She Removes Her Wrinkles With This Inexpensive TipSmart Life ReportsIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier Living30+ Everyday Items With A Secret Hidden PurposeNueeyThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancellast_img read more

Bannon — Worst yet

first_imgWhat is Stephen Bannon doing on the National Security Council? The NSC is the executive committee of the military- industrial complex and includes a secret assassination panel. (Reuters, Oct. 5, 2011)The proto-fascist Bannon is Trump’s chief political strategist and former head of alt-right Breitbart News, the favorite media outlet of white supremacists. It was Bannon who overruled the Department of Homeland Security’s decision to exempt green card holders from Trump’s ban on travelers from Muslim countries. (New York Times, Jan. 29)While Bannon was given a permanent seat on the NSC, the position of Marine Gen. Joseph Dunford, an Obama appointee who heads the Joint Chiefs of Staff, was downgraded. Dunford will attend NSC meetings only when invited. So will the Director of National Intelligence.The NSC is already led by former Army Lt. Gen. Michael Flynn, the ex-head of the Defense Intelligence Agency, who was fired from that post by President Obama in 2014.Since then Flynn has tweeted about Hillary Clinton being involved with “child sex trafficking” and having “secretly waged war” on the Catholic Church. Flynn also accused Obama of having “laundered” money for terrorists. (Politico, Dec. 5, 2016)Making Flynn National Security Adviser and promoting Bannon while demoting Gen. Dunford means the NSC can conduct meetings with only Trump allies. That’s a sinister formula for a police-state takeover, perhaps in coordination with the FBI.This could be a real option if there’s a new war or just to crush any opposition to Trump. In the last 75 years, U.S. capitalism hasn’t gotten out of an economic crisis without a new war.Helping this nightmare scenario are Senate Democrats. Only one senator voted against confirming “Mad Dog” James Mattis as Trump’s Secretary of Defense.Kirsten Gillibrand of New York was the only one who objected to putting the former Marine general in charge of the Pentagon, which makes a mockery of civilian control of the military. The rest of the “world’s greatest deliberative body” had no problem with the brass hat, who has declared, “It’s fun to shoot some people.” (ABC News, Dec. 1, 2016)A mere 11 senators voted against confirming John Kelly — another ex-Marine four-star general — as Trump’s Secretary of Homeland Security. Kelly’s airport cops have since violated federal court orders by carrying out Trump’s racist directive to keep out Muslim immigrants.It’s not so surprising that Senate Democratic leader Chuck Schumer voted for Mattis and Kelly. But so did Sen. Bernie Sanders. That’s not why millions of voters cast their ballots for Sanders in last year’s Democratic primaries.Sanders’ vote supporting “Mad Dog” and Kelly wasn’t so much a capitulation to militarism as a vote to ally with it. Liberals like Sanders actually believe that surrounding Trump with “grown-ups” like these two ex-generals will somehow restrain the White House.That illusion was blasted when Trump appointed Bannon to the National Security Council. Only the people can stop Trump. Stay in the streets!FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare thislast_img read more

Big Pine Watershed Gets Cool, Clean Collaboration

first_imgBetsy BowerLand O’Lakes, Inc., Winfield United, Ceres Solutions, the Conservation Technology Information Center (CTIC), and The Nature Conservancy, among others, have teamed up to develop a Big Pine Water­shed management plan which lays out water quality goals and how to reach them over the next three years. One of the primary goals is to reduce the amount of phosphorus and sediment that flow into the watershed by more than 50 percent.  “It has been identified as one of the impaired watersheds in Indiana, which can mean a lot of different things,” says Betsy Bower, an agronomist with Ceres Solutions. “Certainly it’s what’s in the water, but how it gets there if it’s all farming applications or all farming operations or if it’s in impaired cites.” Bower said the groups received approval of grant funding last September, “At the time that we put the proposal in though, we were only looking at two different practices and what we’re trying to do is leverage our expertise against some of the EQIP funding, so we work with farmers one-on-one to encourage them to use some of the NRCS funding for nutrient management and cover crops.” Bower said this is a unique project in Indiana, “There are a lot of conservation entities in Indiana that are excited about this. It’s unique that ag retail is involved, as well as the distribution chain of ag retail products in the form of Winfield United and Land O’Lakes.  The Nature Conservancy and the CTIC are likely involved in other projects, but it’s the first time that an ag retailer has been involved.” SHARE Home Indiana Agriculture News Big Pine Watershed Gets Cool, Clean Collaboration Facebook Twitter Big Pine Watershed Gets Cool, Clean Collaboration SHARE Big Pine Watershed Gets Cool, Clean CollaborationThe Big Pine Watershed in Western Indiana has a three year plan to improve water quality.  The Big Pine Creek Headwaters are located in White County and Benton County, Indiana.  Tributaries of the Big Pine Creek in the watershed that folks may be familiar with are Big Pine Gamebird Habitat, Mud Pine Creek, Spring Branch, Honey Branch, Gorgeous Gorges, and the Scenic Fall Creek.  Big Pine Creek Watershed includes waters in White, Tippecanoe, Benton, and Warren Counties and feeds into the Wabash River at Attica in Fountain County.center_img Big Pine Creek Watershed is part of Middle Wabash-Little Vermillion Watershed and is also part of the Lower Wabash Watershed.  These Watersheds are part of the Wabash River Watershed which is part of the Ohio Indiana Watershed which is a part of the Mississippi Watershed.  Essentially what this means is that Big Pine Creek Watershed is a part of the Mississippi Watershed which feeds into the Gulf.  Runoff from the lands and our smallest ditches and tributaries are the beginning of what flows downstream. Not surprisingly, when improvement at Big Pine was first discussed, Ceres Solutions quickly saw the value they could bring to the project. “We took action on this issue because we saw this as an opportunity to help our customers—farmers—implement conservation practices to improve water quality outcomes for Big Pine Creek,” says Tom Stein, location manager for Ceres Solutions in Templeton, Indi­ana. Ceres Solutions, a Land O’Lakes member ag cooperative, has a strong area presence and experience serving customers in the watershed area. The cooperative’s connection to Winfield United offers some of the best crop production expertise in the industry. This past summer, Ceres Solutions agronomists and others on the proj­ect helped farmers implement nutrient management plans as well as demonstrated and educated them on practices that reduce soil erosion. For instance, farmers can use reduced or no-till systems, which allows them to grow crops without disturbing the soil. They can also plant cover crops on their land to protect the soil between growing seasons. Together, these approaches can help prevent nutrients and sediment from leaving the field where they can contaminate streams and rivers. Facebook Twitter By Hoosier Ag Today – Mar 16, 2017 Previous articleNitrogen Stabilizers Needed This SpringNext articleRyan Martin’s Indiana Ag Forecast for March 17, 2017 Hoosier Ag Todaylast_img read more

Symetra Promotes Lisa Marecki to SVP, Life & Disability and Select Benefits

first_img By Digital AIM Web Support – February 18, 2021 Symetra Promotes Lisa Marecki to SVP, Life & Disability and Select Benefits Pinterest Lisa Marecki, senior vice president, Group Life & Disability and Select Benefits at Symetra. Pinterest TAGS  WhatsApp WhatsAppcenter_img Twitter Facebook Previous articleMigrants on the move again in Mexico and Central AmericaNext articleRaise Announces Key Hires in Brokerage, Project Management and Product Teams Digital AIM Web Support Twitter Facebook Local NewsBusinesslast_img read more

“Surrender Can Never Be Construed as Consensual Acts of Sexual Intercourse”.: Kerala HC Upholds Conviction Of A Rape Accused [Read Judgment]

first_imgNews Updates”Surrender Can Never Be Construed as Consensual Acts of Sexual Intercourse”.: Kerala HC Upholds Conviction Of A Rape Accused [Read Judgment] LIVELAW NEWS NETWORK5 July 2020 9:38 PMShare This – xOnly those sexual intercourse which are welcomed could be construed as not violative of the rights of the victim, and accepted as consensual.The Kerala High Court has observed that only those sexual intercourse which are welcomed could be construed as not violative of the rights of the victim, and accepted as consensual. The case against the accused was that, on a Sunday in the month of February 2009, and on various subsequent days, he committed rape on the victim girl, a minor aged 14 years belonging to a Scheduled Caste,…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 Kerala High Court has observed that only those sexual intercourse which are welcomed could be construed as not violative of the rights of the victim, and accepted as consensual. The case against the accused was that, on a Sunday in the month of February 2009, and on various subsequent days, he committed rape on the victim girl, a minor aged 14 years belonging to a Scheduled Caste, and impregnated her. The Trial Court held him guilty of the offence punishable under Section 376 of the Indian Penal Code. The Trial court found that the prosecution has not proved the age of the victim girl and failed to establish that the case is one that falls under the sixth description in thed definitionof ‘rape’ in terms of Section 375 of the IPC as it stood then.  In appeal, the accused contended that the evidence tendered by the victim girl would show beyond doubt that the sexual intercourse was consensual. It was contended that the victim girl has admitted that she used to go to the house of the accused as and when desired or required by the accused and had sex with him. While considering this argument, Justice PB Suresh Kumar observed that mere act of helpless resignation in the face of inevitable compulsion, quiescence, nonresistance, or passive giving in, when volitional faculty is either clouded by fear or vitiated by duress, cannot be deemed to be ‘consent’. The Court said: “The consent, on the part of a woman as a defence to an allegation of rape, requires voluntary participation, not only after the exercise of intelligence, based on the knowledge, of the significance and moral quality of the act, but after having freely exercised a choice between resistance and assent. In other words, the consent in order to relieve an act of a criminal character, like rape, must be an act of reason, accompanied with deliberation, after the mind has weighed as in a balance, the good and evil on each side, with the existing capacity and power to withdraw the assent according to one’s will or pleasure.” The Court further said that the Sexual assaults including rape are therefore crimes of gender inequality. In social reality, sex that is actually desired by a woman is never termed consensual, for when a sexual interaction is equal, consent is not needed and when it is unequal, the consent cannot make it equal, the judge said. The bench also referred to a decision of the United States Supreme Court in Meritor Savings Bank, FSB v. Mechelle Vinson et al. [477 US. 57 (1986)], in which it was held that welcomeness and not consent, shall be the standard for sex that does not violate the rights of women consistent with gender equality. “In other words, in a country like ours committed to gender equality, only sexual intercourse which are welcomed could be construed as not violative of the rights of the victim, and accepted as consensual” The Court also observed that the materials on record would indicate that the victim girl was under a social and psychological hierarchical threat. In a situation of this nature, according to me, the conduct on the part of the victim girl in surrendering before the accused as and when desired by him cannot be said to be unusual or abnormal and such surrender can never be construed as consensual acts of sexual intercourse, the judge added. While dismissing the appeal and upholding the conviction of the accused, the Judge also quoted Judith Lewis Herman, an American Psychiatrist and Researcher Traumatic Stress[from her book, Trauma and Recovery]: “When a person is completely powerless, and any form of resistance is futile, she may go into a state of surrender. The system of self-defense shuts down entirely. The helpless person escapes from her situation not by action in the real world but rather by altering her state of consciousness…..”  Case name: Thankappan P.K vs State Of KeralaCase no.: CRL.A.No.564 OF 2018Coram: Justice PB Suresh Kumar Counsel: Adv T.K.BIJU and Spl GP AMBIKA DEVI S Click here to Read/Download JudgmentNext Storylast_img read more

Contempt By ‘Scandalizing The Court’ : A Battle Of Perceptions On An Uneven Field

first_imgColumnsContempt By ‘Scandalizing The Court’ : A Battle Of Perceptions On An Uneven Field Manu Sebastian23 July 2020 6:20 AMShare This – xAn analysis of the high degree of subjectivity involved in assessing what constitutes ‘scandalizing the court’.In what could be most provocative newspaper response ever to a court order, the UK daily, ‘The Daily Mirror’, published on July 31, 1987 a picture of three senior judges – Lord Ackner, Lord Brandon and Lord Templeman- upside down in the front page.The highlight of the report was its not-so-subtle headline: “YOU FOOLS”.The report was concerning an order passed by the judges upholding…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?LoginIn what could be most provocative newspaper response ever to a court order, the UK daily, ‘The Daily Mirror’, published on July 31, 1987 a  picture of three senior judges – Lord Ackner, Lord Brandon and Lord Templeman- upside down in the front page.The highlight of the report was its not-so-subtle headline: “YOU FOOLS”.The report was concerning an order passed by the judges upholding a restraint on the publication of the book “Spycatcher”, a memoir written by a former intelligence officer. The ban – imposed on the ground that the book disclosed sensitive details – was criticized on the ground that the information was even otherwise available in the public domain. However, this newspaper report, which suggested that the judges were thinking upside down, did not provoke any contempt action from the Court. As per an account shared by former SC judge, Justice Markandey Katju, eminent jurist Fali Nariman was present in England at that time. He had asked Lord Templeman (the senior judge in the majority) why no contempt action was taken. Lord Templeman smiled and said that Judges in England took no notice of personal insults.  Coming to the Indian context, if a mainstream publication replicates the 1987 precedent of Daily Mail with respect to a judgment or court proceeding, there are high chances of it attracting criminal contempt proceedings on the grounds of “scandalizing the court”.Even the most brilliant legal minds of the country will find it tough to accurately predict when can a criticism amount to “scandalizing the court”.Large room for subjectivity in criminal contemptThe Contempt of Courts Act, 1971, broadly deals with two strands of contempt – one emanates from willful disobedience of directions of the Court or undertaking made before the Court, resulting in civil contempt. The other, criminal contempt, includes acts which scandalize the court, lower the dignity of the court or interfere with the administration of justice.As it is obvious, the determination of civil contempt is based on objective criteria, as there are concrete facts of the existence of a judicial order and its defiance.  Even with respect to the ground of interference with the administration of justice, one can say that there is a considerable degree of objectivity.However, the assessment of the ground of “scandalizing the court”, depends, to a great degree, on the temperament and predilections of the judge. Going by the definition of criminal contempt in Section 2(c) of the Act, a broad net has been cast, as the act need not even actually scandalize or lower the dignity of the court. Even an act, which tends to scandalize or tends to lower the dignity of the court can be punished. So, apart from giving a large room for subjectivity, the provision opens the door for a lot of speculation as well.A brief analysis of some judgments on the point of “scandalizing the court” will reveal how its adjudication depends on the “hunch of the bench”.When a Chief Justice lectured a Chief Minister on Marxism(E. M. Sankaran Namboodiripad vs T. Narayanan Nambiar, CJ M Hidayatullah, Justice G K Mitter and A N Ray, AIR 1970 SC 2015)In 1967, EMS Namboodiripad, then Chief Minister of Kerala, held a press conference, launching a fiery criticism on the judiciary, in the backdrop of Courts interfering with land reforms legislations on the ground of violation of the right to property.Speaking from the Marxist worldview which sees State as a tool of the oppressor class, EMS termed judiciary an “instrument of oppression”.”Judiciary is part of the class rule of the ruling classes. The judiciary is weighted against ..workers, peasants and other sections of the working classes and the law and the system-of judiciary essentially serve the exploiting classes. Even where the judiciary is separated from the executive it is still subject to the influence and pressure of the executive…. Judges are guided by individual idiosyncrasies, guided and dominated by class interests, class hatred, and class prejudices” – these were some of the statements.In the High Court of Kerala, two judges – Justices Raman Nair and Krishnamoorthy Iyer – found the statements to be contemptuous, while Justice K K Mathew (later a judge of SC) felt that they were in the realm of fair criticism(an example of how criminal contempt is based on personal perceptions). He was sentenced with Rs 1000 fine or simple imprisonment for one month.The Supreme Court judgment which confirmed the conviction of EMS is quite peculiar.  The judgment authored by the then Chief Justice Hidayatullah is more of a commentary on what the judge perceived as the correct version of Marxism-Communism. CJ Hidayatullah devotes most of the judgment to explain what is Marxism and how EMS has misunderstood it. Marx never spoke against the judiciary, the judge said. The judge laboured a lot to state how EMS is ignorant of true Marxism, and that his statements were not based on a correct understanding of the ideology.”Either he does not know or has deliberately distorted the writings of Marx, Engels and Lenin for his own purpose. We do not know which will be the more charitable view to take”, the judgment stated. That seemed to be the basis for conviction!The judgment even went to the extent of saying “The ends of justice in this case are amply served by exposing the appellant’s ignorance about the true teachings of Marx and Engels (behind whom he shelters)”. Therefore, a nominal fine of Rs 50 was imposed on him, sustaining the conviction.Responding to the judgment, EMS sent a letter to the Kerala Law Times, stating “To my mind, the function of the Court is to interpret and administer law as it is, and not to pronounce their verdict on the various systems of philosophy in which litigants repose their faith.”What would have been the fate of the case had it been decided by judges with Marxist leanings? I will leave it to the readers to decide.A Law Minister’s criticism will not scandalize the Court?(P N Dua vs V P Shiv Shankar, Justices Sabyasachi Mukherji and S Ranganathan, AIR 1988 SC 1208)In 1987, P. Shiv Shankar,  the then Union Minister for Law, delivered a speech at a meeting of the Bar Council of Hyderabad. He said that the Supreme Court composed of people from the elite class and had sympathies for the Zamindars. This, according to him, resulted in the SC’s interpretation of the word ‘compensation’ in Article 31″The Maharajas and the Rajas were anachronistic in independent India. They had to be removed and yet the conservative element in the ruling party gave them privy purses. When the privy purses were abolished, the Supreme Court, contrary to the whole national upsurge, held in favour of the Maharajas”, he thundered.He also said, quite uncharitably, that “Antisocial elements i.e. FERA violators, bride burners and a whole horde of reactionaries have found their heaven in the Supreme Court.”A lawyer, P N Dua, filed an application before the Attorney General seeking sanction to prosecute Shiv Shankar for contempt. On the AG declining sanction (with the respondent being the law minister), Dua approached the Court.The statements of Shiv Shankar are similar to the views expressed by EMS, which resulted in the conviction for contempt against him. In fact, Shiv Shankar can be said to have been harsher in his expression.Yet, the Supreme Court took a magnanimous view, and held that the statements did not amount to contempt; but added that some harsh comments were avoidable.”..the speech of the Minister read in its proper perspective, did not bring the administration of justice into disrepute or impair the administration of justice. In some portions of the speech the language used could have been avoided by the Minister having the background of being a former Judge of the High Court. The Minister perhaps could have achieved his purpose by making his language mild but his facts deadly. With these observations, it must be held that there was no imminent danger of interference with the administration of justice, nor of bringing an institution into disrepute. In that view, it must be held that the Minister was not guilty of contempt of this Court”.The Court observed that P. Shiv Shankar was “making a study of the attitude of this Court”!Contempt petition against Justice V R Krishna Iyer!In 1982, a petition for initiating criminal contempt against former Supreme Court judge, Justice V R Krishna Iyer, was filed in the Kerala HC. The complainant, an advocate named Vincent Panikulangara, alleged that Justice Krishna Iyer had “scandalized the court” with his comments during a symposium on “judicial reforms”. He had made comments such as “as an insider, there are many things I know which I should mention in public”, “our whole judicial approach has a certain independence from civilized behaviour”, “judiciary today is non-est” etc.The HC held that the comments fell in the realm of “well-informed criticism”.”By pointing out the weak spots in the judicial system and alerting the people to the need for a change lest the people as a whole reject the system, Justice Iyer was alerting his audience to bestow serious attention to the problem. The comments made by him are not of a person who is vituperative or who wants to bring into disrepute the judicial system of this country, but of one who was exhorting the people for revolutionary change in the outlook concerning problems of the judiciary”, the Court observed, refusing to issue notice to Justice Iyer.As in the case of P Shiv Shankar, the stature of the speaker was a factor taken into consideration by the Court in ruling that there was no contempt.Would the approach of the Court have been different in these cases if such comments were made by a layperson?No special knowledge of law or working of the court!(In Re :Arundhati Roy vs Unknown, Justices G B Pattanaik and R Sethi, AIR 2002 SC 1375)In 2002, the Supreme Court punished writer-activist Arundhati Roy for contempt and sentenced her to one-day imprisonment.She had written an article in the Outlook magazine, criticizing the SC judgment allowing the raising of water limit of Narmada Sarvoar dam. Though a complaint to take contempt action was filed with respect to that, the SC refrained from acting, observing that the “court’s shoulders are broad enough to shrug off the comments”.Later, a dharna was held outside the Court, under the leadership of Roy and other activists, raising slogans ascribing lack of integrity to the judges.  Contempt action was initiated for that.However, what triggered the judges most were some comments made by Roy in her reply affidavit, which were as follows :”On the grounds the judges of the Supreme Court were too busy, the Chief Justice of India refused to allow a sitting judge to head the judicial enquiry into the Tehelka scandal, even though it involves matters of national security and corruption in the highest places. Yet when it comes to an absurd, despicable, entirely unsubstantiated petition in which all the three respondents happen to be people who have publicly -though in markedly different ways – questioned the policies of the government and severely criticized a recent judgment of the Supreme Court, the Court displays a disturbing willingness to issue notice. It indicates a disquieting inclination on the part of the court to silence criticism and muzzle dissent, to harass and intimidate those who disagree with it. By entertaining a petition based on an FIR that even a local police station does not see fit to act upon, the Supreme Court is doing its own reputation and credibility considerable harm.” This was beyond the tolerance of judges. Though the expressions of Roy were more reverential in tone when compared to the statements of P Shiv Shankar, the Court refused to apply the precedent of P Shiv Shankar, and distinguished it by saying that he was making a studied criticism of the Court and Roy had no “special knowledge” of law and courts.”In the instant case, the respondent has not claimed to be possessing any special knowledge of the law and the working of the institution of judiciary. She has only claimed to be a writer of repute. The benefit to which Mr. P. Shiv Shankar, under the circumstances, was held entitled is, therefore, not available to the respondent in the present proceedings”, the bench observed.Calling judges ‘fools’ contempt(M V Jayarajan v High Court of Kerala, Justices Vikramjit Sen & C Nagappan)In 2011, a Kerala politician, MV Jayarajan was convicted for contempt for calling two HC judges “fools”. Jayarajan’s comments were in response to HC banning public demonstrations and protests. Even there also, the SC did not have much objection with Jayarajan saying that judges are “living in glass houses” and that their “judgments have value of grass”. But the Court couldn’t condone him calling judges “fools”. The Court said that such comments addressed to a ‘rustic, illiterate’ crowd could incite feelings against the judiciary. “Judges expect, nay invite, an informed and genuine discussion or criticism of judgments, but to incite a relatively illiterate audience against the Judiciary, is not to be ignored”, the SC observed, sentencing him to four months imprisonment.This judgment should ward off thoughts entertained by any journalist in India to emulate “Daily Mail” while criticizing the judiciary.When a HC judge gets punished for scandalizing CourtThe most curious contempt cases of the recent times is that of Justice C S Karnan, who is the one and only HC judge to get punished for contempt.Known to be mercurial judge, Justice Karnan had a long history of judicial indiscipline. On May 9, 2017, a seven-judge bench of the SC sentenced him to six months imprisonment and stripped him of his judicial powers after observing that his public outbursts against SC judges amounted to “contempt of gravest nature”.While there is no denying that Justice Karnan’s conduct was unbecoming of a judge on many occasions, the SC’s use of contempt power in the case seemed to be a short-cut adopted in place of impeachment proceedings.”The Supreme Court’s order is unclear and not truly consistent with the Constitution. A judge of the HC or the SC can only be removed by a majority vote in the Parliament, as per Article 124(4). This is where the May 9 order becomes slightly tricky — while it orders that Karnan be removed from all his judicial duties, it does not clarify whether he is removed as a judge. Surely, taking away Karnan’s powers and functions and admonishing him to prison amounts to removing him as judge for all practical purposes — which is a decision the Parliament, and not the judiciary, must take”, commented Manasa Venkataraman in ‘The Hindu’ about the order.Indira Jaising, Senior Advocate, commented that the contempt action against Karnan “sets a dangerous precedent where the Supreme Court can remove any judge of a high court or indeed of the Supreme Court in contempt powers and do indirectly what they cannot do directly”.The contempt order also imposed a blanket media gag on the publication of the further statements of Justice Karnan.When comments are patently falseThere are some cases where criminal contempt have been invoked with respect to false statements made to attribute ill-motives to the judiciary.  In such cases, there is a verifiable, objective criterion – truth.For example, the Delhi High Court had initiated contempt proceedings against journalist S Gurumurthy for suggestively tweeting that Justice S Muralidhar had granted bail to Karti  Chidambaram as he was formerly a junior of Senior Advocate P Chidambaram. This was a false statement, as Justice Muralidhar was never a junior of P Chidambaram.Later, Gurmurthy expressed apology for the tweet. He also faced another contempt proceedings for tweeting the link of a blog which suggested that Justice Muralidhar granted bail to Gautam Navlakha owing to his friendship with him. The author of the blog later told the Court that he had made the statements relying on misinformation. Gurumurthy also expressed apology and offered to tweet about it publicly. Accordingly, the case was closed.Last May, in the case Re Vijay Kurle, the SC held three advocates guilty of criminal contempt for making scandalous allegations against the judges. In the contempt proceedings, they could not offer any material to substantiate their allegations, and this resulted in their conviction.While cases such as above are based on the objective criteria of verifiable facts, the invocation of criminal contempt in cases of criticism is mostly rooted on subjectivity. It is essentially a battle of perceptions, waged on an uneven playing field, with the party wielding power being the aggrieved one. Even the defence of truth cannot come to the rescue in such cases, as criticism is a matter of opinion. The only defence could be that it was a “fair comment”. But the effectiveness of pleading the defence of ‘bona fides’ – again a matter of perception- before the court, which itself is an aggrieved party in the proceeding, is highly doubtful.What constitutes fair criticism?A passage from P Shiv Shankar judgment helps us understand what the Courts regard as good criticism.”In a democracy, judges and courts are subject to criticism, and if any reasonable argument or criticism in respectful language and tempered with moderation,is offered against any judgment as contrary to law or public good, no court would treat criticism as contempt of court”.In the recent decision in Re Vijay Kurle, the Court observed “if the allegations levelled go beyond the ambit of criticism and scandalise the Court then there can be no manner of doubt that such utterances or written words would amount to contempt of Court”The problem here, at the cost of repetition, is that there are no objective criteria to assess when criticism translates to scandalizing the court.The Courts have been generally tolerant towards academic criticism of judgments, such as those published in law journals and op-eds by lawyers, academicians, columnists etc. The judgments also emphasize the distinction between “well-informed criticism” and “ill-informed criticism”. Relevant in this context is the recent observation made by the SC that a citizen must have some ‘standing or knowledge of law’ before questioning the capability of judges.If a layperson, who may not have such “standing or knowledge of law” and who may not be proficient in legalese and sophisticated language, lambasts a judgment in a manner known to her, should that invite criminal contempt? Does this mean that every piece of “ill-informed criticism” is contemptuous?  In this age of social media, where people resort to trolls and memes to express their views, what will be the yardstick for “respectful language, tempered with moderation”?.There are no real and clear answers.Another confusing area is the judge-judgment dichotomy. Criticize the judgment, but don’t target the judges – this is the principle adopted by Courts. At the same time, the judgments also state that the contempt jurisdiction is not to protect the individual dignity of judges but to protect the institutions.  The contradiction here is too apparent to miss.In Re Vijay Kurle, the Court went to the extent of saying “No litigant has a right to question the integrity of a Judge. No litigant has a right to even question the ability of a Judge. When the ability, integrity and dignity of the Judges are questioned, this is an attack on the institution”So, if one calls a judgment “stupid”, it may pass off as criticism, but if one calls the judge “stupid”, it might attract contempt (think Jayarajan case).Muzzling criticismA classic case of abuse of criminal contempt is a 2019 judgment of Meghalaya High Court, which punished two journalists of Shillong Times, Patricia Mukhim and Shoba Chaudhuri for contempt over a report against the judiciary.What provoked the contempt action was an article published in the “Shillong Times” under the caption “When Judges judge for themselves”. The article was related to an order passed by the High Court regarding retirement benefit to judges. The Court also took note of some social media comments by Mukhim.The glaring impropriety in the case was that Justice S R Sen, who was the subject of the criticism, was part of the bench which decided the case. The judgment was also authored by him.In what could be indicative of the vindictive nature of the judgment, the Court imposed a hefty fine of Rupees 2 lakhs each on the parties and observed that the punishment will result in the automatic closure of the “so-called paper Shillong Times”. The judgment was later stayed by the SC on appeal by the parties.Despite the oft-quoted sentence in most judgments that contempt power is not for protecting the individual dignity of judges, the fact is that it gives judges a broad field to act on their subjective notions and personal perceptions. In other words, this creates a situation where the fundamental right to freedom of speech of an individual is at the mercy of judges.As can be seen from the precedents on “scandalizing judiciary”, there is no consistent pattern. What could be contempt to Judge A may not be contempt to Judge B.In this backdrop, a revisit on criminal contempt is necessary, following the example of the United Kingdom, which abolished the offence of scandalizing the judiciary as form of contempt of court in 2013 based on UK Law Commission’s recommendation that the law was vague and not compatible with freedom of speech.   Next Storylast_img read more

Vintage plane erupts in flames after crashing onto freeway in Southern California

first_imgObtained by ABC News(LOS ANGELES) — A small, vintage plane crashed on a busy freeway in Southern California Tuesday, causing traffic to be backed up for miles.The fiery crash was reported shortly before 2 p.m. in the westbound lanes of the 101 Freeway. The aircraft came to rest against the center divider of the freeway, ABC News owned station KABC-TV reported.Los Angeles County firefighters managed to pull the pilot out of the aircraft before it erupted in flames. No other passengers were traveling on board the aircraft.No vehicles were involved in the crash and no injuries were reported, authorities said.The burning wreckage prompted officials to shut down both sides of the freeway, which will remain closed until further notice.The aircraft — a North American SNJ-5 — is owned by Condor Squadron Officer’s and Airmen’s Association, according to the FAA.KABC-TV spoke with the pilot, who only identified himself as Rob. He explained that the plane engine failed.“I picked a spot on the freeway, where I knew there was a big section of cars that weren’t there, but the engine completely failed,” Rob told KABC-TV. “Fortunately, I was able to not hurt anybody – other than the airplane.”The cause of the crash remains under investigation by the NTSB and the FAA.Copyright © 2018, ABC Radio. All rights reserved.last_img read more

Activists take over Washington hotel to demand housing for homeless during pandemic

first_imgRapidEye/iStockBy IVAN PEREIRA, ABC News(OLYMPIA, Wash.) — Members of a housing advocacy group were arrested in Washington state Sunday after they allegedly stormed a hotel in Olympia and occupied it while demanding better care for people living on the streets.Olympia police said around 11 a.m., around 45 members of the group Oly Housing Now, some of whom were reportedly armed with hatchets, batons and knives and had gas masks, helmets and goggles, gathered outside the Red Lion Hotel in Olympia and made their way inside.Oly Housing Now released a statement in which it claimed the members took the hotel for “emergency pandemic housing,” and demanded the city pay for rooms using Federal Emergency Management Agency funding.“It’s too cold for people to be sleeping on the streets,” the statement read.The hotel’s staff called 911 after they said they “felt under threat from the group, and that an employee was allegedly assaulted,” according to the police. The staff of seven sheltered in the hotel’s basement for the rest of the afternoon and early evening while the activists took the hotel.Before the demonstration, the group had reserved and paid for 17 rooms, which they used to house people experiencing homelessness, according to the police. Guests in 40 rooms sheltered in place during the incident, police said.Officers eventually escorted the staff out of the building later in the night and went floor by floor clearing out the hotel. The people without homes who were living in the hotels were connected with the city’s social services, according to the police.“The City’s Crisis Response Unit is connecting those unhoused people to services. They will not be allowed to remain at the hotel,” the police said in a statement.Olympia Interim Police Chief Aaron Jelcick told reporters Monday that 10 people were arrested and charged with various crimes, including burglary in the first degree, assault in the first-degree and obstruction of a public servant. Jelcick said the group allegedly recruited about 30 people from homeless encampments throughout the city to stay in these rooms, telling these individuals that they could stay in the rooms indefinitely.No homeless individual was charged related to the incident, police said.Representatives from Oly Housing Now did not immediately return messages for comment. A spokeswoman for the Red Lion Hotel chain said the company has been in touch with the owner of the Olympia hotel and they are working with officials in their investigation.In a statement to the press Sunday, Olympia Mayor Cheryl Selby said the city is taking its homelessness issue seriously.“Olympia has led on responding to homelessness, on coordinating shelter and other basic needs,” she said in a statement. “The tactics used today by Oly Housing Now are unproductive and won’t make the mission more attainable.”Copyright © 2021, ABC Audio. All rights reserved.last_img read more