Saturday, September 30, 2017

Catch the candidate before polls, say experts

Proposal to probe nomination papers gets backing.
Representational image
 Representational image
 By S A Ishaqui
Hyderabad, September 29: Legal experts are of the opinion that the only way to deter candidates from filing false affidavits during elections is for intelligence agencies to conduct inquiries into the antecedents of those who file nomination papers before the announcement of the list of contestants.
The Election Commission (EC) recently admitted before the Supreme Court that it found itself helpless with regard to the disqualification of candidates who made false declarations at the time of filing nominations. On August 1, 2012, the format of the affidavit appended to the Conduct of Election Rules of 1961 was amended by the Election Commission, making it mandatory for candidates to declare their assets and liabilities, including those of their spouses and dependents, criminal records, and educational qualifications.
The Representation of the People Act (RPA) stipulates that any false declaration or concealment of information in the affidavit constitutes an electoral offence punishable as per the provisions of Section 125(A) of the Act with imprisonment for up to six months, a fine, or both.
However, advocates say that the EC does not have jurisdiction over the falsification of poll affidavits. A person wishing to challenge an affidavit filed by an elected representative must move the court.
Before August 2012, it was under the purview of returning officers to file first information reports (FIRs) and follow up on them. However, the EC amended the regulations, freeing public servants from the task, due to the large number of false affidavits being submitted.
Mr Sarasani Satyam Reddy, a senior lawyer at the Hyderabad High Court, says that RPA Section 125(A) makes the filing of a false affidavit punishable with imprisonment or a fine, or both, but it does not prescribe disqualification of the representative. As per Section 8 of the RPA, an elected representative is only disqualified if he or she is convicted and sentenced to imprisonment for two or more years.
He says that the filing of a false affidavit also constitutes an offence under Section 181 of the Indian Penal Code (IPC). As per the provisions of this Section, the issuance of a false statement by a public servant under oath is an offence punishable with imprisonment for a term of up to three years, as well as a fine. This Section also does not prescribe disqualification.
Mr Satyam Reddy said candidates take advantage of the lax laws and poor law enforcement by filing false affidavits. He says that the EC has asked the Centre, on several occasions, to amend the RPA to increase the term of imprisonment to two years.
Justice P. Lakshman Reddy, a former judge of the AP High Court, says that a preliminary investigation of the claims in the affidavits, by either the police or intelligence agencies, may help deter candidates from malpractices.
He said that the EC should include a provision for the rejection of the candidature of those found to have submitted false affidavits.
He says that the act of making a statement under oath is supposed to be sacrosanct, but many candidates are not concerned with the sanctity of the affidavits. They make false declarations about pending criminal cases and their assets.
Mr Satyam Reddy said that the Constitution has empowered the EC to act in an appropriate manner when the laws contain insufficient provisions to deal with a particular situation regarding the conduct of an election.
Only 10 days needed to check election papers
Justice P. Lakshma Reddy, a former judge of the AP High Court, said that it is not impossible for the Election Commission (EC) to carry out pre-verification of the contents of affidavits filed by candidates if it sets aside a period of 10 days for the task.
He said that subsequent to the issuance of an election notification, the official machinery of the election is under the control of the EC. It can seek assistance from the departments of revenue, registration, transport and police to verify the correctness of the contents of affidavits.
The former judge said that the police department, including its intelligence and special branches, can be used to verify if candidates have any criminal cases pending against them. The revenue and registration departments can supply records of properties owned by candidates, and the transport department can supply records of the vehicles owned by them.
Justice Reddy said that the amendment of laws to either enhance punishment for the filing of false affidavits or to provide for the disqualification of candidates is not an easy task as it will be difficult for all political parties to arrive at a consensus. He said that pre-verification of affidavits by the EC is more likely to yield positive results.
A police officer from the Intelligence department, on condition of anonymity, said that the police can easily verify criminal antece-dents of candidates as most records are available with the department. The police can also make use of its intelligence network.
He said that if the EC introduces a pre-verification process, then the department will have to identify officers for the verification of criminal records.
He said that elections are countermanded in case of the death of a candidate of recognised political parties, but earlier they would even be countermanded in case of the death of an independent.
What the courts said
  • The Election Commission recently told the Supreme Court that it had written to successive governments at the Centre 43 times to make an amendment to increase the punishment for candidates found guilty of filing false affidavits.
  • The Madras High Court found that courts were empowered to disqualify the election of a candidate if an affidavit filed by him or her before the Returning Officer contained incorrect, incomplete, false or one-sided information.
  • The Madras High Court observed that “The requirement to furnish full information is not intended to be an empty ritual performed by a non-believer, but is intended to be sanctimonious. Therefore, a candidate is not entitled to just satisfy the letter of the law and make it sacrilegious.”

Friday, September 1, 2017

Poultry Biz: No more battery cages

Law banning battery cages to be notified.
 The battery cages are so small that the birds are unable to stand up or spread wings without touching the sides of the cage or other hens or circle without impediment. (Representational image)
  The battery cages are so small that the birds are unable to stand up or spread wings without touching the sides of the cage or other hens or circle without impediment. (Representational image)
By S A Ishaqui
Hyderabad,July31: Poultry farmers will have to soon end battery cage farming and go for cage free egg farming as the Law Commission of India has asked the Centre to notify the rules framed in 2012 to prohibit battery cage farming of egg laying hens.
The Law Commission which reviewed laws on the transport and rearing of poultry birds as per the request of the Ministry of Law and Justice informed the ministry that though rules were framed in 2012 for protection of egg laying hens and broiler chickens they have not been notified.
The panel felt that although the Animal Welfare Board of India had clarified in 2012 that confining hens in battery cages violates the provisions of Section 11(1)(e) of the Prevention of Cruelty to Animals Act, 1960, most poultries are allowing battery cages.
The law panel pointed out that hens used for the production of eggs are reared in small wire cages called battery cages, a name given due to the arrangement of cages placed side by side. The battery cages are so small that the birds are unable to stand up or spread wings without touching the sides of the cage or other hens or circle without impediment.
The panel pointed out that the floor space available to each hen was approximately 623.7 cm2, that is almost the area of a sheet of A4 paper and a typical egg farm in the ur country contains thousands of cages with thousands of birds, stacked many tiers high.
The Law Commission noted that this method of rearing hens leads to sore feet, abrasions, broken bones and other injuries to the birds.
It also increases the risk of the birds contracting contagious diseases necessitating the administration of drugs.
The commission felt that the implications of caging broilers raise several concerns, and therefore broiler battery cages should be replaced with cage-free rearing to improve stocking density, feed, and hygiene.
The panel asked the Centre to include stringent punishments in 1960 Act as existing provisions prescribed only fines.
Legal circles expect the Prevention of Cruelty to Animals (Egg Laying Hens) Rules, 2017 and the Prevention of Cruelty to Animals (Broiler Chicken) Rules, 2017 would be notified soon by the Centre.
Once these rules come into force nobody can engage in poultry farming without registering with the animal husbandry department of the state.
The poultries will be allowed to operate only after certification by the animal husbandry department that the farm is cage-free.

Tuesday, August 22, 2017

Supreme Court allows cameras into courtrooms

2013: The Union law ministry thrice writes to SC to allow CCTV cameras in courtrooms.
Supreme Court
 Supreme Court
By S A Ishaqui
Hyderabad, August 22: The order of the Supreme Court allowing cameras into courtrooms will greatly improve current court practices, jurists feel.
The introduction of audio and video recordings of proceedings in subordinate courts will open to public scrutiny the performance of presiding officers.
Justice Gopalakrishna Tamada, former judge of the AP High Court, said that the decision of the apex court will contribute to transparency of court processes and better case management.
He feels that recordings of proceedings will speed up the trial process as trial judges will be able to replay the recorded proceedings from day one of the trial should they wish to do so.
He said the justice system should make use of modern technology and the necessary amendments to the Indian Evidence Act, enacted in 1872, should be made.
Justice P. Lakshman Reddy, former judge of the AP High Court, said video recordings of court proceedings will have an effect on the conduct of everyone present in the courtroom, be it advocates, judges, litigants, witnesses etc, as everything they say or do will be captured on camera, he said. Judges, too, will follow the code of conduct for fear of losing dignity and respect if their behaviour falls short.
He said that there is no way currently to check whether presiding officers function throughout the prescribed working hours or not. The performance of trial judges has hitherto been assessed on the basis of the disposal rate of cases, but with the introduction of video recordings, the High Court can check whether they are holding the proceedings throughout the prescribed hours or not.
Maintaining that since court proceedings are open to all, there should be no question of privacy, the former judge said, “I hope that the Supreme Court will consider allowing the general public to access the video footage in the near future, though as of now it has barred access of video footage to lawyers, litigants and the general public through the Right to Information Act. “

Monday, August 7, 2017

Time frame must for speedy trial of cases

Unlike US, India does not have statutory time limits.
Hyderabad High Court
 Hyderabad High Court
 
By S A Ishaqui
Hyderabad, August 7: Jurists felt that rational and non-mandatory time frames for different type of cases are the only solution for dispensation of speedy justice to the people which is mandated in the Constitution.
Legal experts said that India does not have general statutory time limits compared with the US Speedy Trial Act. The Civil Procedure Code and the Criminal Procedure Code have time frames for completing certain stages of the case. These statutes, however, generally do not prescribe time limits within which the overall case should be completed or each step in the trial should be concluded.
According to lawyers in city, the Constitutional guarantee of a speedy trial is an important safeguard to prevent undue and oppressive incarceration prior to the trial and to limit the possibilities that long delays will impair the ability of an accused to defend him.
Mr N. Ramachandra Rao, senior advocate and a member of the Bar Council, said that in view of the mounting arrears in trial courts there is a dire need of an effective and foolproof system for time-bound trials so that the victims can get speedy and qualitative justice.
Maintaining that justice hurried shouldn’t be justice buried, he said that it is an admitted fact that right now the Indian judiciary has been facing shortage of judges, staff and infrastructure. Without fulfilling these shortages, introduction of time frame for disposal of cases would lead to miscarriage of justice.
As of now, there are certain statues like Domestic Violence Act and Negotiable Instruments Act which facilitate time-bound trials. But in these cases also trial courts have been facing difficulty due to shortage of manpower, he noted.
Mr Ramachandra Rao pointed out that the Law Commission of India also had suggested a time frame for disposal of cases since from the stage of filing the case to the completion of trial, granting bails, examination of witnesses and cross examinations.
He said that fixing the time frame without providing the institutional support of having number of judges in accordance with the population ratio and sufficient supporting manpower would not yield desired results.
Mr Rao, who is also a BJP MLC, said that the Centre was focussing on constitution of tribunals to deal with certain cases to lessen the burden on higher courts.
It has been contemplating to increase number of judges in trial courts across the country which will pave way for fixation of time frame for disposal of cases.
Mr P. Subhash, an advocate practising in the Hyderabad High Court, said that countries like the US have limited mandatory time frames. However, India does not have general statutory time limits compared with the US.
He said case specific time-tables are used as standards, delay reduction methods and yardsticks for measuring delays in the system in various jurisdictions around the world, including the US, Canada and the UK.
SC favours time frame as guidelines
The Supreme Court, which is not in favour of mandatory time limits for disposal of cases at the initial stage, favours time frames as guidelines for courts.
A seven-member bench of the Supreme Court in 2002 in the case of P. Ramchandra Rao versus State of Karnataka held that mandatory time limits could not be prescribed by the court. Though the court was not in favour of mandatory time limits, it did not find problematic the use of time frames as guidelines.
A two-member bench comprising Justice A.K. Goel and Justice U.U. Lalit in a recent case observed that “speedy trial is a part of reasonable, fair and just procedure guaranteed under Article 21. This Constitutional right cannot be denied even on the plea of non-availability of financial resources.”
The bench has asked the High Courts to issue directions to subordinate courts to decide bail applications within a week and in cases where the accused is in custody, magisterial trial should be concluded within six months and sessions trial and sessions courts have to complete trials within two years. The bench said that cases, which are more than five years old, by the end of the year.

Sunday, August 6, 2017

Telangana: Conciliation can reduce court backlog, say lawyers

Law Commission says problem more human in India.
According to the Law Commission of India, judicial reforms are essential for the overall development of the country.
 According to the Law Commission of India, judicial reforms are essential for the overall development of the country.
By S A Ishaqui
Hyderabad,August5: Many lawyers in the state are of the opinion that introduction of conciliation in legal disputes at pre-litigation stage is the only solution to relive Indian courts of the burden of backlog.
According to lawyers, conciliation is not available in civil and criminal cases currently. In its report in 2009, the Law Commission of India had noted, “In India, the problem is more human than economic. Ninety percent of the litigations are filed by people from rural areas.  People are even fighting for half an acre of land. Therefore, there has to be an overall solution.”
Conciliation is introduced through the Industrial Disputes Act, 1947. Courts in India have recognised the Alternate Dispute Resolution (ADR) in the fields of arbitration and family law.
Mr M.V. Rajaram, a High Court advocate who is creating awareness about ADR  in the twin cities and Ranga Reddy district, said that resolving civil disputes at the pre-litigation stage would be a great relief to both the parties and it will be possible when both parties agree for a conciliation.
He also said that there was no scope for conciliation in civil courts currently. If the judiciary introduces the system at the pre-litigation stage many cases can be resolved through mediation between both the parties in the presence of a judicial officer.
Mr C. Mallesh Rao, a senior advocate in the city, said that introduction of admission court in the civil side at lower level would pave way for the settlement of civil disputes and petty criminal cases though conciliation. Currently, the admission courts are available in the High Courts in the country.
This facility should be extended to the lower judiciary wherein a judicial officer can initiate counselling of both the parties. If both the parties agree for conciliation, then the judicial officer can pass the order for a settlement which will be binding on both the parties.
Alternate Dispute Resolution needed
The Indian judiciary has already recognised the advantages of Alternate Dispute Resolution (ADR) as it is less expensive, less time-consuming and free  from technicalities.
Considering the advantages of the ADR as it facilitates both the parties for a free discussion on their differences without any fear, the judiciary has allowed introduction of pre-counselling in family matters and consumer disputes. In view of the advantages of counselling at the pre-litigation stage, lawyers are advocating for the introduction of conciliation in civil disputes and petty criminal cases.
The judiciary has introduced permanent Lok Adalats for disposal of legal disputes at the pre-litigation stage to  provide  justice   to   citizens. The Lok Adalats are only dealing with matters pertaining to motor accident claims, matrimonial disputes and compensation for land acquisition.
According to lawyers, the Lok Adalats also deal with the pending cases. The Lok Adalats are also unable to initiate consultations between both the parties at the pre-litigation stage as they are burdened with long-pending cases referred to them.
They noted that National Lok Adalat, which was held on July 8 in the city, dealt with hundreds of cases pending since 1994. Majority of cases are related to motor accident claims.
Mr D.S.N.V Prasad Babu, a advocate in the High Court, said that introduction of conciliation at lower courts in civil matters is need of the hour in view of the increasing backlog of cases in lower courts across the country.
He also said the Law Commission of India and the Supreme Court are also advocating for alternative dispute resolution for reducing the burden of the judiciary. The help of senior lawyers can be sought in this regard, he noted.

Thursday, August 3, 2017

Abortion debate: Supreme Court verdict ‘robbed’ girl of her childhood

The draft Bill allows abortion beyond 24 weeks in case the foetus suffers from substantial abnormalities.
Representational Image
 Representational Image
 By S A Ishaqui
Hyderabad, August 2: The Supreme Court judgement that refused a medical termination of pregnancy of a 10-year-old rape victim has rekindled the debate about the adequacy of the Medical Termination of Pregnancy (MTP) Act, 1971.
The SC refused abortion of a 28-week foetus on medical grounds that it would endanger the lives of both mother and child. The MTP Act legalises abortion only under 20 weeks, an exception being Section 5 of the Act, which allows abortion after 20 weeks in case it is “immediately necessary to save the life of the pregnant woman.”
An amended Bill of the 1971 law, which extends the bar from 20 to 24 weeks, has been in cold storage for the past three years. This draft Bill allows women whose pregnancies are within 24 weeks, reproductive rights in consultation with their medical practitioners.
The draft Bill also allows abortion beyond 24 weeks in case the foetus suffers from substantial abnormalities.
The demand for amending the MTP Act has been increasing from cross- section of people in view of the rising incidence of sex crimes and the urgent need to empower women with sexual rights and choices both for their own interest and for the sake of reducing fertility rate as a whole.
Rachna Waddepalli, an advocate in the Hyderabad High Court, said that in the case of the 10-year-old girl “the rights of an unborn child who cannot advocate for itself, versus the rights of its mother who is herself a child, one has to strike a balance. Right to “life” of the foetus should not include just a right to “birth,” but “life.”
The advocate opined that “in the present case, deciding on a late term abortion was not by choice. Medicine has advanced enough to let doctors help the little girl in good faith and take care of her health. And if it’s too risky, it’s a risk worth taking under the circumstances as decided by her parents for her.”
She pointed out, “When one can terminate a child at 20 weeks, which is viable in India, 24 weeks is the viability in the UK, would the courts also charge the killing of a pregnant woman with a double murder? Why would the value of the life of a foetus as a person be lessened then? Are the moot questions with no answers?”
She said that the Supreme Court denying permission to a 10-year-old rape victim to abort her 28 week pregnancy on medical grounds that it would endanger both their lives brought to the fore the debate of Law versus Morality.
The Supreme Court has held that “life” has to be meaningful, complete and worth living. Abortion is allowed in case it’s inevitably necessary to save the life of the pregnant woman.
She explained that the strict reading of the provision of the law and asking a woman to carry the baby to full term, deliver it and bring it up is going to put her through mental and physical agony.
Ms Wadepalli said, “The victim’s right to life guaranteed under Article 21 of the Constitution was already affected by the repeated rape by her uncle. The opportunity granted by law to develop in a healthy manner with educational facilities has been robbed; her personal dignity and intimate choice are put at risk. It’s not about women’s rights and their respective choices. It’s a child’s right to a pain-free life and about giving back her childhood.”
The grounds for allowing abortion in this case at an advanced stage of pregnancy, which is an exceptional circumstance, ought to have been that the petitioner is a young rape victim and an unwilling mother-to-be as there have been instances where the courts have allowed termination beyond 20 weeks, she added.
K Aruna, another advocate of the High Court, said that in several cases the Supreme Court has allowed an abortion beyond the permissible limit of 20 weeks pregnancy by treating it as a special case.
She said that in January this year the Supreme Court allowed a 22-year-old woman from Thane to undergo abortion in the 24th week of her pregnancy as the baby suffered from anencephaly, a life threatening condition.
She felt that the pendency of the amendment to the legislation has forcing women to bear unwanted babies.
  • 2016 July: The SC allowed a woman to abort in her 24 week of pregnancy, granting her the benefit under Section 5 of the MTP Act, 1971, that allows abortion despite the 20-week ceiling.
  • 2008: The Bombay High Court in the case of Haresh and Niketa Mehta observed that only the Legislature could address the demand for change in the legal limit, and that meant that India started the process of re-evaluating provisions of the Medical Termination of Pregnancy Act, 1971
  • 2015: the SC permitted a 14-year-old rape victim from Gujarat to abort after 20 weeks by treating it as a “special case.”
Judgement delay costly for victims 
Doctors claim that the stigma surrounding abortion in our country often leads to pregnant women resorting to quacks and home methods of abortion which is harmful to the mother's health.
Gynaecologist Dr Rooma Sinha says, “Often pregnant women are denied abortion due to religious customs that dictate against abortion. Abortion towards the last trimester is just like prolonged labour so it should be advised to have the procedure done as early as possible.” In cases of young mothers, an abortion harms their health.
Dr Sasikala Kola says that information such as whether the mother is anaemic, underweight, and her age, should be taken into consideration when taking a call on abortion.
“Many families are afraid of the backlash, and in the case of rape victims, they don’t speak out for fear of threats from the perpetrators. This leads to the delay in getting an abortion and our law does not then allow it.”
She says families should be aware of their girl children and keep a watch on them. Letting a pregnancy go beyond the stipulated ‘safe period’ could lead to complications if the abortion is not performed by recognised doctors.
Dr Vimee Bhindra says going to court cost the rape victim four weeks, which is huge in terms of pregnancy. The judgement process in such cases should be faster, say, three to four days. Gynaecologists see septic abortions and non- institutional deliveries on a daily basis.
“We see a lot of cases where the family tries to hush up an unwanted pregnancy by going to quacks. Some use washing sticks to clear their uterus, leading to bowel perpetuation. There is no regulatory body to keep a check on who is performing abortions,” says Dr Sasikala.

Thursday, June 22, 2017

Telangana: Relief for government officials in Raheja case

ACB proceedings against officers quashed.
B.P. Acharya, Ratna Prabha and Subrahmanyam
 B.P. Acharya, Ratna Prabha and Subrahmanyam
By S A Ishaqui
Hyderabad, June 21: In a major relief to several IAS officers, including L.V. Subrahmanyam, B.P. Acharya and K. Ratna Prabha, the Hyderabad High Court on Tuesday quashed an order passed by the Special ACB Court of the city to prosecute them for their involvement in the Raheja Mindspace-APIIC joint venture project.
Justice B. Siva Sankar Rao was hearing petitions by Mr Subrahmanyam and Mr Acharya, managing directors of APIIC, and Ms Ratna Prabha, Mr Gopi Krishna IPS and Mr P.S. Murthy from the Information Technology and Communications department, and Neel Raheja of Raheja Corporation, urging the court to quash proceedings against them initiated by the Anti-Corruption Bureau. The ACB has charged these officials with “playing mischief” and “generating” an idea of giving alternative land at Nanakramguda by not paying cash to the JV company which resulted in decreasing APIIC’s share from 11 per cent to just 0.55 per cent. The case was lodged by T.Sriranga Rao, a city-based advocate.
He had moved a private complaint before the ACB court after which investigations were ordered.
Justice Siva Sankar Rao held that the trial judge has no power to review a previous dismissal or closed order.
ACB didn’t produce proof: HC
Justice Siva Sankar Rao held that the trial judge has no power to review a previous dismissal or closed order in view of the specific bar under Section 362 of the Cr PC and thereby the order of the special judge of December 28, 2015 in suo moto reopening the matter was unsustainable.
Maintaining that prior sanction to prosecute government servants is mandatory under Section 19 of the Prevention of Corrup-tion Act, and Section 196 of the CrPC, the judge held that in view of the rejection of the sanction by the Union of India, the proceedings against the petitioners are unsustainable and are liable to be quashed.
The judge held that there was nothing to attribute any criminal common intention, breach of trust or cheating against the petitioners and they have committed no criminal misconduct as public servants and there was no wilful acts on their part to cause any loss to the government or to benefit Raheja or its officials and nothing to show that they were involved in any agreement with Raheja Corporation to cheat the government.
The judge ruled that none of the offences with which the petitioners are charged have been proved against them either under sections 420 & 209 r/w. 34 or even under section 13 (1)(d) r/w 13(2) of the Prevention of Corruption Act.
The judge also held that the ACB had not produced evidence to show that the APIIC had abetted the petitioners to accept bribes.

Tuesday, June 13, 2017

Ramzan: People debate start of fasting

Stretching the meal can put fast at risk
“Some people now argue there is nothing wrong in eating sehri till the completion of morning Azaan. This is not a good practice,” he said. The Moulana, who advocates forbearance in sehri, said that modern technology ensures we can get the exact daybreak time.
 “Some people now argue there is nothing wrong in eating sehri till the completion of morning Azaan. This is not a good practice,” he said. The Moulana, who advocates forbearance in sehri, said that modern technology ensures we can get the exact daybreak time.
By S A Ishaqui
Hyderabad,June12: Of late, there has been serious discussions every Ramzan over when exactly does the time to stop eating sehri starts and the day’s fast begins. Similar discussions also take place over iftar timings.
While some Muslims feel that traditionalists are too particular about the start of fast and end of sehri, most Muslims say that stretching the sehri time too much can risk the fast itself.
The late Israr Ahmed, a renowned Muslim scholar, had quoted verses from the Quran in one of his sermons: “And eat and drink until the white thread (light) of dawn appears to you distinct from the black thread (darkness of night), then complete your Saum (fast) till the nightfall.”
Scholars say that this means that there should be enough light in the sky to differentiate between the colours in the night.
“With artificial lights, this would be extremely difficult for people, especially those living in the city. The ambient lights would make it impossible,” says Maulana Afzal Barkati, head, Madarsa-e-Barkatiya.
Moulana Shaiykh Ismail of Hyderabad says that  traditionalists put too much emphasis on the timing. He quoted a Hadith wherein the Prophet instructed his companions: “The Azaan (call to prayer) of Bilâl should not prevent you from eating Sahûr (predawn meal) because he gives Azaan at night, therefore keep eating and drinking until you hear the Azaan of Abdullah b. Umm Makktum. He (Abdullah b. Umm Makktum) gives Azaan when Fajr comes.”
He argues that according to this Hadith, one can eat sehri till the call for morning prayers is heard. Moulana Mohammed Farooq Quadri, Khatib of Masjid-e-Noor, said that there was nothing wrong in being careful about the timings.
“Some people now argue there is nothing wrong in eating sehri till the completion of morning Azaan. This is not a good practice,” he said. The Moulana, who advocates forbearance in sehri, said that modern technology ensures we can get the exact daybreak time. “It is safer to end sehri a few minutes before this time,” he said.
Maulana Afzal Barkati said that in countries like Saudi Arabia, Azaan is said at the point of daybreak. “In India, we use sirens to signal the end of sehri time, while they say Azaan. People who lean towards the Saudi Wahhabi ideology blindly try to follow that system, not remembering that the system is different,” he says.
Mansoor Ali Ishaq, an IT professional, said in the olden days, timings for sehri and iftar was followed on the presumption that there was no equipment available for accuracy. “These days we can get the actual timings for sehri and iftar from information available with various sources, including the Met department which can give accurate sunrise and sunset timings, so one does not have to depend on sirens to begin and break the fast,” he says.