WEDNESDAY 13 SEPTEMBER 2023 www.thestatesman.com twitter.com/thestatesman facebook.com/thestatesman INDIA’S NATIONAL NEWSPAPER SINCE 1818 Pages 12 |` 5.00|LC KOLKATA | NEW DELHI | SILIGURI | BHUBANESWAR NEPAL SHOULD REVISIT BRI AGREEMENT AP CHESSBOARD P7 SENSEX 67,127.08528.17 WEATHER Partly cloudy sky with rain /thundershower very likely. Maximum and minimum temperatures likely to be around 31 °C and 28 °C respectively. RAINFALL: NIL RELATIVE HUMIDITY Max. 88 % TEMPERATURE Min. 81 % Max: 31°C Min: 28°C SUN RISES SUN SETS 05:13 hrs 18:05 hrs MOON RISES MOON SETS 09:58 hrs 21:30 hrs New Moon on 15 September THUMBNAILS An NSG chopper inspects the Uttar Pradesh Legislative Assembly area ahead of mock security drills in Lucknow on Tuesday. ANI Three shot dead in Manipur: Three villagers were shot dead by unidentified militants in Manipur’s Kangpopki district on Tuesday, officials said. Officials in the state capital said a group of unidentified armed extremists stormed villages between the Ireng and Karam areas along the bordering regions of Imphal West and Kangpopki districts and shot dead the three villagers on the spot. NIFTY 19,993.203.15 ‘NYOMA AIRFIELD WILL BE A GAME-CHANGER FOR FORCES’ P6 ` vs $ 82.9409 PAISE GOLD 60,670.00 5-judge Bench to look into Sec 124A validity Bench to also examine ‘correctness’ of 1962 Kedar Nath judgment STATESMAN NEWS SERVICE NEW DELHI, 12 SEPTEMBER he Supreme Court on Tuesday referred to a five-judge Constitution Bench a batch of 16 petitions challenging the constitutional validity of the colonial era sedition law ~ Section 124A of the Indian Penal Code ~ on the touchstone of the right to equality before law (Article 14) and the right to protection of life and personal liberty (Article 21) of the Constitution. Referring the challenge to the validity of the sedition law to a five-judge Bench, Chief Justice D Y Chandrachud, heading a Bench also comprising Justices J B Pardiwala and Manoj Misra said that the Constitution Bench will also look into the “correctness” of the 1962 Kedar Nath Singh judgment by a fivejudge Constitution Bench, that had upheld the validity of Section 124A IPC after it was challenged on the grounds of violating Article 19(1)(a), guaranteeing freedom of speech and expression, and Article 19(2), imposing restrictions on T free speech and expression. The Bench also noted that when, in 1962 a fivejudge Constitution Bench had upheld the Section 124A IPC in the context of Article 19(1)(a), there was no coalesce between Article 14 and Article 19(1)(a) – which is a later development of Indian jurisprudence expanded by the subsequent judgments in Maneka Gandhi and other cases. The court also noted the submission by senior advocate Kapil Sibal, appearing for one of the petitioners, who said that in the Kedar Nath Singh judgment, the Constitution Bench in 1962 equated government with the State – two distinct entities – and this, in itself, was sufficient to refer the challenge to the con- stitutional validity of Section 124A to a Constitution Bench, preferably to a sevenjudge Bench. The Bench further noted that the Bill relating to the proposed law that is now before the parliamentary standing committee, would have a prospective application and the cases that are now registered under prevailing Section 124A would continue to survive and will be prosecuted under the prevailing sedition law. Mr Sibal said that the new draft law was “more draconian” then the prevailing “draconian” Section 124A that is under challenge. Stating that the proposed new law cannot be effective retrospectively, Chief Justice Chandrachud said so long as the 1962 CMYK Kedar Nath Singh judgment holds the field, Section 124A is valid.We are not planning to do away with 124A but modify it, he said. The court also noted a submission from Mr Sibal that till 1973, the sedition law was not a cognizable office and became so thereafter. The Bench said thar it was not inclined to accept the submission by the Attorney General R. Venkataramani and the Solicitor General Tushar Mehta to keep in abeyance the adjudication of the challenge to Section 124A till the new law, that is currently before the parliamentary standing committee (PSC), is deliberated and takes shape. Chief Justice Chandrachud said that the pendency of the Bill relating to the new law will “not obviate the need to adjudicate the validity of 124A” as new law be effective prospectively and not retrospectively. “The constitution point of validity of Section 124 has to be decided”, the CJI said. Earlier, the Supreme Court on 11 May 2022 had brushed aside the Centre’s opposition to putting the sedition law on hold. ASIA CUP: INDIA BEAT SRI LANKA; THROUGH TO FINAL P5 P12 SILVER 74,500.00 BRENT CRUDE (IN $) 91.561.52 Miss Banerjee leaves on Spain, UAE trip STATESMAN NEWS SERVICE KOLKATA, 12 SEPTEMBER Chief minister Mamata Banerjee on Tuesday left for Dubai on a a 11-day trip to Spain and the United Arab Emirates to seek investments and boost trade ties. Speaking to mediapersons at the city’s NSCBI airport before boarding her flight after a three-hour delay, Miss Banerjee said: “Before lighting the lamp, it has to be filled with oil, so for industrial growth, constant planning is required... We have to talk and exchange ideas. Only then does success come. It is a long-term journey that we have been on for the past several years.” Miss Banerjee was accompanied by Chief Secretary HK Dwivedi and representatives from different chambers of commerce of the state. Asked about her choice of Spain for this trip, Miss Banerjee said: “Spain has shown keen interest in our book fairs. They have a thriving arts and crafts industry, which they have showcased here multiple times. While they visit us frequently, we have not reciprocated their invitation until now. Let's see what unfolds." Asked if her trip had a significant agenda, she stated: "The significant agenda comes later. We need to fill the oil lamps before lighting them. That's why I am going. This choice is strategic for the benefit of our state." Miss Banerjee and her team will have a day’s stopover in Dubai before flying to Spanish capital Madrid. Representatives from three football clubs in Kolkata, namely East Bengal, Mohun Bagan, and Mohammedan Sporting, are accompanying her on this trip. Former Indian cricket captain and exchairman of the cricket board, Sourav Ganguly, is expected to join the delegation from London. Sources in the state administration revealed that the Spain trip will start be a "football meeting" with Javier Tebas, the president of La Liga, in Madrid on 14 September. The West Bengal government might sign a memorandum of understanding with La Liga for the development of football in the state. A business summit and a meeting with Bengali expats is also scheduled. From Madrid, the delegation will take a train to Barcelona, where they will participate in a two-day meeting for the Bengal Global Business Summit (BGBS). Previously, Miss Banerjee visited Singapore and London for similar purposes. However, her proposed visits to Chicago in the USA and China were cancelled, which were attributed to "political opposition." Miss Banerjee said:“Manufacturing and other industries in Spain are very good. This visit is on their invitation. Spain came to our book fair. They came again and again. Now it's our turn. Let's see what can happen. We have an industry conference here from 21 to 23. They come again and again. But none of us go. That is why this small country is chosen.” There is also a business summit and meetings will be held with expatriates in Dubai on her way back from Spain.