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Creating fear to stop people helping law is a terror act: Supreme Court
Creating fear to stop people helping law is a terror act: Supreme Court

Time of India

time4 days ago

  • Politics
  • Time of India

Creating fear to stop people helping law is a terror act: Supreme Court

Supreme Court NEW DELHI: Indicating that an offence cannot be said to be a terror act only if an accused is convicted under an anti-terror law, Supreme Court on Tuesday said creating an atmosphere of fear to prevent people from taking the side of law by killing an army informer is also a terrorist act despite anti-terror law not being invoked in the case. A bench comprising Justices Ahsanuddin Amanullah and S V N Bhatti did not agree that the killing of three civilians, including the army informer, in J&K with an AK-47 was not a terror act because the conviction was not secured under an anti-terror law, and expressed its reservation in entertaining a remission plea of a convict who has spent 27 years in jail in the case. Prisoner Ghulam Mohammad Bhat took the stand that he was not convicted under an anti-terror law, but only under the Indian Penal Code for murder, and therefore, his act cannot be termed a terrorist act. The J&K government told SC that a convict undergoing life imprisonment for a terror act was not entitled for remission under state policy. Senior advocate Colin Gonsalves, appearing for the prisoner, said Bhat was convicted only under IPC section 302 (murder) and the Arms Act, and not under the then anti-terror legislation TADA. "Nothing was proved in court to attract TADA provisions. The trial court or the HC never found it to be a terrorist act," he said. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Is it legal? How to get Internet without paying a subscription? Techno Mag Learn More Undo Additional solicitor general K M Natraj, appearing for the J&K government, submitted that explosive devices, including a weapon to launch grenades, were also reportedly recovered from the scene of incident and it was an act of terror, it was not a simple murder. Agreeing with Gonsalves, the bench said, "If you want to create fear among people to ensure that no one approaches authorities against the illegal act then it is a terror act and we cannot close our eyes. "This was done to create havoc to ensure that no one dares to side with the law, then it certainly carries the characteristics of a terrorist act and remission cannot be granted under the policy. You have to challenge the remission policy. " SC, however, allowed Gonsalves's plea to be allowed to challenge the J&K remission policy within the ongoing proceedings.

SC refuses premature release of terror convict, asks him to challenge remission policy
SC refuses premature release of terror convict, asks him to challenge remission policy

Time of India

time5 days ago

  • Politics
  • Time of India

SC refuses premature release of terror convict, asks him to challenge remission policy

The Supreme Court on Monday declined to order the premature release of Ghulam Mohammad Bhat , a convict in a triple murder case allegedly linked to a terrorist act . A bench comprising Justices Ahsanuddin Amanullah and SVN Bhatti, however, allowed Bhat to challenge the remission policy of Union Territory of Jammu and Kashmir by filing an application in another pending case. The bench heard Bhat's plea for early release on the ground that he had served 27 years in prison. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Remember Him? Sit Down Before You See What He Looks Like Now 33 Bridges Undo While senior advocate Colin Gonsalves appeared for Bhat, additional solicitor general K M Nataraj represented the union territory. Bhat allegedly entered the residence of an Army informer and opened fire with an AK-47 rifle, killing three persons. Live Events Explosive devices, including a Under Barrerl Grenade Launcher grenade, were also reportedly recovered from the scene, the prosecution alleged. Nataraj submitted killing civilians for allegedly providing information to the Army amounted to a terrorist act and therefore Bhat was disentitled from availing benefits of premature release. "The act was intended to create fear and deter cooperation with lawful authorities. This goes beyond a simple murder," he said. Agreeing with the contention, the bench said "If the act was committed to create fear, to ensure that no one dares to side with the law, then it certainly carries the characteristics of a terrorist act." The top court continued, "Even if TADA was not invoked during trial, that doesn't automatically disentitle the court from assessing the true nature of the offence for the purposes of remission." Gonsalves, however, argued Bhat was convicted only under Section 302 IPC (murder) and the Arms Act, and not under any anti-terror legislation TADA. "Nothing was proved in court to attract the provisions of TADA. The trial court or the high court never found it to be a terrorist act," he said, citing precedents of similarly-situated convicts who were granted premature release. The bench remained unconvinced and added, "We tentatively agree that the act appears aimed at sending a message that those who cooperate with authorities will face lethal consequences. We cannot turn a blind eye to such implications." When the counsel for Bhat referred to other premature release cases, the bench noted the absence of a comparable remission policy. "We don't have the remission policy before us. Without it, how can we draw analogies?" it asked. Gonsalves then sought liberty to challenge the J&K remission policy within the ongoing proceedings. The bench allowed him to file an interim plea in a pending matter challenging the same policy.

A letter demanding data on Cuban medical missions roils the Caribbean and the Americas
A letter demanding data on Cuban medical missions roils the Caribbean and the Americas

Los Angeles Times

time13-06-2025

  • Health
  • Los Angeles Times

A letter demanding data on Cuban medical missions roils the Caribbean and the Americas

SAN JUAN, Puerto Rico — An unusual request from the Inter-American Commission on Human Rights about Cuban medical brigades that operate worldwide and provide much needed help has roiled countries in the Caribbean and the Americas. In a letter obtained by the Associated Press, the commission asks members of the Organization of American States, OAS, for details including whether they have an agreement with Cuba for medical missions, whether those workers have labor and union rights and information about any labor complaints. 'This was an unprecedented move,' said Francesca Emanuele, senior international policy associate at the Center for Economic and Policy Research in Washington. 'It's deeply troubling.' Cuba has more than 22,000 doctors working in more than 50 countries, including in the Caribbean and the Americas, according to its government. A breakdown for the region was not available, but many impoverished nations in the Caribbean rely heavily on those medical professionals. The commission, an independent body of the OAS, which is heavily funded by the U.S., said it plans to analyze the data collected as well as offer recommendations 'given the persistence of reports of rights violations.' A spokesperson for the commission declined comment, saying the letter is private. The letter was sent after U.S. Secretary of State Marco Rubio announced visa restrictions in late February for Cuban or foreign government officials accused of involvement in Cuba's medical missions, which he called 'forced labor.' 'The timing is really suspicious,' Emanuele said, noting that the information requested 'falls squarely' within the member states' sovereign decision-making. 'The role of this organization should not be distorted.' In June, the administration of U.S. President Donald Trump slapped several unidentified officials from Central America with visa restrictions. Silence has prevailed since the human rights commission issued its May 24 letter giving OAS member states 30 days to respond. 'I'm awaiting a regional approach,' said Ralph Gonsalves, prime minister of St. Vincent and the Grenadines. He said in a phone interview that he would raise the issue next week during a meeting of the Organization of Eastern Caribbean States as chairman. 'There are no human rights issues involved here,' he said, noting that St. Vincent is party to several international and labor conventions. 'They have not been breached and will not be breached.' Gonsalves said Cuban doctors run the sole hemodialysis center in St. Vincent that provides free care to 64 patients at a rate of $5 million a year. 'Without the Cubans, that dialysis center will close,' he said. When asked if he worried about potential visa restrictions, Gonsalves said he met earlier this year with Rubio and provided a lengthy letter that he declined to share detailing the work of Cuban medical professionals in St. Vincent. 'We didn't scrimp on any of the details,' he said. 'I didn't walk away from that meeting thinking that there was any possibility or threat of sanctions.' Guyana 's foreign minister, Hugh Todd, told The Associated Press on Friday that the government plans to amend its payment and recruitment system involving Cuban medical professionals. He said their main concern 'is to make sure we are compliant with international labor laws.' Todd did not say whether the planned amendments are related to concerns over U.S. visa restrictions. Late Thursday, Guyanese Vice President Bharrat Jagdeo said the government wants to ensure that 'the conditions of work here don't run afoul of the requirements set by the United States of America.' Guyana depends heavily on the U.S. for support, especially given an ongoing and bitter border dispute with neighboring Venezuela. Some Caribbean leaders have said they would risk losing a U.S. visa, noting that Cuban medical professionals provide much needed help in the region. 'If we cannot reach a sensible agreement on this the cost of it is the loss of my visa to the U.S., then so be it,' Barbados' Prime Minister Mia Mottley told Parliament in March as legislators pounded a table in support. No Cuban medical workers are currently in Barbados. Echoing Mottley's sentiment was Trinidad and Tobago Prime Minister Keith Rowley. 'I just came back from California, and if I never go back there again in my life, I will ensure that the sovereignty of Trinidad and Tobago is known to its people and respected by all,' he said in March. In April, Cuban President Miguel Díaz-Canel criticized what he described as a campaign against the Caribbean country. 'There is no doubt that that desperate campaign to block Cuban cooperation has two clear objectives: to close off any avenue of income for the country, even in an activity as noble and necessary to other nations as healthcare services,' he said. 'The other reason is political and ideological: they want to sweep Cuba away as an example. And they resort to methods as immoral as threatening any foreign official involved in that activity,' he added. Rubio has defended visa restrictions, saying they promote accountability. Coto writes for the Associated Press. AP reporters Bert Wilkinson in Georgetown, Guyana, and Andrea Rodríguez in Havana contributed to this report.

A letter demanding data on Cuban medical missions roils the Caribbean and the Americas
A letter demanding data on Cuban medical missions roils the Caribbean and the Americas

The Hill

time13-06-2025

  • Health
  • The Hill

A letter demanding data on Cuban medical missions roils the Caribbean and the Americas

SAN JUAN, Puerto Rico (AP) — An unusual request from the Inter-American Commission on Human Rights about Cuban medical brigades that operate worldwide and provide much needed help has roiled countries in the Caribbean and the Americas. In a letter obtained by The Associated Press, the commission asks members of the Organization of American States, OAS, for details including whether they have an agreement with Cuba for medical missions, whether those workers have labor and union rights and information about any labor complaints. 'This was an unprecedented move,' said Francesca Emanuele, senior international policy associate at the Center for Economic and Policy Research in Washington. 'It's deeply troubling.' Cuba has more than 22,000 doctors working in more than 50 countries, including in the Caribbean and the Americas, according to its government. A breakdown for the region was not available, but many impoverished nations in the Caribbean rely heavily on those medical professionals. The commission, an independent body of the OAS, which is heavily funded by the U.S., said it plans to analyze the data collected as well as offer recommendations 'given the persistence of reports of rights violations.' A spokesperson for the commission declined comment, saying the letter is private. The letter was sent after U.S. Secretary of State Marco Rubio announced visa restrictions in late February for Cuban or foreign government officials accused of involvement in Cuba's medical missions, which he called 'forced labor.' 'The timing is really suspicious,' Emanuele said, noting that the information requested 'falls squarely' within the member states' sovereign decision-making. 'The role of this organization should not be distorted.' In June, the administration of U.S. President Donald Trump slapped several unidentified officials from Central America with visa restrictions. Silence has prevailed since the human rights commission issued its May 24 letter giving OAS member states 30 days to respond. 'I'm awaiting a regional approach,' said Ralph Gonsalves, prime minister of St. Vincent and the Grenadines. He said in a phone interview that he would raise the issue next week during a meeting of the Organization of Eastern Caribbean States as chairman. 'There are no human rights issues involved here,' he said, noting that St. Vincent is party to several international and labor conventions. 'They have not been breached and will not be breached.' Gonsalves said Cuban doctors run the sole hemodialysis center in St. Vincent that provides free care to 64 patients at a rate of $5 million a year. 'Without the Cubans, that dialysis center will close,' he said. When asked if he worried about potential visa restrictions, Gonsalves said he met earlier this year with Rubio and provided a lengthy letter that he declined to share detailing the work of Cuban medical professionals in St. Vincent. 'We didn't scrimp on any of the details,' he said. 'I didn't walk away from that meeting thinking that there was any possibility or threat of sanctions.' Guyana 's foreign minister, Hugh Todd, told The Associated Press on Friday that the government plans to amend its payment and recruitment system involving Cuban medical professionals. He said their main concern 'is to make sure we are compliant with international labor laws.' Todd did not say whether the planned amendments are related to concerns over U.S. visa restrictions. Late Thursday, Guyanese Vice President Bharrat Jagdeo said the government wants to ensure that 'the conditions of work here don't run afoul of the requirements set by the United States of America.' Guyana depends heavily on the U.S. for support, especially given an ongoing and bitter border dispute with neighboring Venezuela. Some Caribbean leaders have said they would risk losing a U.S. visa, noting that Cuban medical professionals provide much needed help in the region. 'If we cannot reach a sensible agreement on this matter…if the cost of it is the loss of my visa to the U.S., then so be it,' Barbados' Prime Minister Mia Mottley told Parliament in March as legislators pounded a table in support. No Cuban medical workers are currently in Barbados. Echoing Mottley's sentiment was Trinidad and Tobago Prime Minister Keith Rowley. 'I just came back from California, and if I never go back there again in my life, I will ensure that the sovereignty of Trinidad and Tobago is known to its people and respected by all,' he said in March. In April, Cuban President Miguel Díaz-Canel criticized what he described as a campaign against the Caribbean country. 'There is no doubt that that desperate campaign to block Cuban cooperation has two clear objectives: to close off any avenue of income for the country, even in an activity as noble and necessary to other nations as healthcare services,' he said. 'The other reason is political and ideological: they want to sweep Cuba away as an example. And they resort to methods as immoral as threatening any foreign official involved in that activity,' he added. Rubio has defended visa restrictions, saying they promote accountability. ___ Associated Press reporters Bert Wilkinson in Georgetown, Guyana, and Andrea Rodríguez in Havana contributed.

A letter demanding data on Cuban medical missions roils the Caribbean and the Americas
A letter demanding data on Cuban medical missions roils the Caribbean and the Americas

Yahoo

time13-06-2025

  • Health
  • Yahoo

A letter demanding data on Cuban medical missions roils the Caribbean and the Americas

SAN JUAN, Puerto Rico (AP) — An unusual request from the Inter-American Commission on Human Rights about Cuban medical brigades that operate worldwide and provide much needed help has roiled countries in the Caribbean and the Americas. In a letter obtained by The Associated Press, the commission asks members of the Organization of American States, OAS, for details including whether they have an agreement with Cuba for medical missions, whether those workers have labor and union rights and information about any labor complaints. 'This was an unprecedented move,' said Francesca Emanuele, senior international policy associate at the Center for Economic and Policy Research in Washington. 'It's deeply troubling.' Cuba has more than 22,000 doctors working in more than 50 countries, including in the Caribbean and the Americas, according to its government. A breakdown for the region was not available, but many impoverished nations in the Caribbean rely heavily on those medical professionals. The commission, an independent body of the OAS, which is heavily funded by the U.S., said it plans to analyze the data collected as well as offer recommendations 'given the persistence of reports of rights violations.' A spokesperson for the commission declined comment, saying the letter is private. The letter was sent after U.S. Secretary of State Marco Rubio announced visa restrictions in late February for Cuban or foreign government officials accused of involvement in Cuba's medical missions, which he called 'forced labor.' 'The timing is really suspicious,' Emanuele said, noting that the information requested 'falls squarely' within the member states' sovereign decision-making. 'The role of this organization should not be distorted.' In June, the administration of U.S. President Donald Trump slapped several unidentified officials from Central America with visa restrictions. A deadline looms Silence has prevailed since the human rights commission issued its May 24 letter giving OAS member states 30 days to respond. 'I'm awaiting a regional approach,' said Ralph Gonsalves, prime minister of St. Vincent and the Grenadines. He said in a phone interview that he would raise the issue next week during a meeting of the Organization of Eastern Caribbean States as chairman. 'There are no human rights issues involved here,' he said, noting that St. Vincent is party to several international and labor conventions. 'They have not been breached and will not be breached.' Gonsalves said Cuban doctors run the sole hemodialysis center in St. Vincent that provides free care to 64 patients at a rate of $5 million a year. 'Without the Cubans, that dialysis center will close,' he said. When asked if he worried about potential visa restrictions, Gonsalves said he met earlier this year with Rubio and provided a lengthy letter that he declined to share detailing the work of Cuban medical professionals in St. Vincent. 'We didn't scrimp on any of the details,' he said. 'I didn't walk away from that meeting thinking that there was any possibility or threat of sanctions.' A divided region Guyana 's foreign minister, Hugh Todd, told The Associated Press on Friday that the government plans to amend its payment and recruitment system involving Cuban medical professionals. He said their main concern "is to make sure we are compliant with international labor laws.' Todd did not say whether the planned amendments are related to concerns over U.S. visa restrictions. Late Thursday, Guyanese Vice President Bharrat Jagdeo said the government wants to ensure that "the conditions of work here don't run afoul of the requirements set by the United States of America.' Guyana depends heavily on the U.S. for support, especially given an ongoing and bitter border dispute with neighboring Venezuela. Some Caribbean leaders have said they would risk losing a U.S. visa, noting that Cuban medical professionals provide much needed help in the region. 'If we cannot reach a sensible agreement on this the cost of it is the loss of my visa to the U.S., then so be it,' Barbados' Prime Minister Mia Mottley told Parliament in March as legislators pounded a table in support. No Cuban medical workers are currently in Barbados. Echoing Mottley's sentiment was Trinidad and Tobago Prime Minister Keith Rowley. 'I just came back from California, and if I never go back there again in my life, I will ensure that the sovereignty of Trinidad and Tobago is known to its people and respected by all,' he said in March. In April, Cuban President Miguel Díaz-Canel criticized what he described as a campaign against the Caribbean country. 'There is no doubt that that desperate campaign to block Cuban cooperation has two clear objectives: to close off any avenue of income for the country, even in an activity as noble and necessary to other nations as healthcare services,' he said. 'The other reason is political and ideological: they want to sweep Cuba away as an example. And they resort to methods as immoral as threatening any foreign official involved in that activity,' he added. Rubio has defended visa restrictions, saying they promote accountability. ___ Associated Press reporters Bert Wilkinson in Georgetown, Guyana, and Andrea Rodríguez in Havana contributed.

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