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分类: 大话西游

一 | 北京日报讯(记者 徐慧瑶)顺义老人阮大爷终身未婚,没有子女。

二 | New Delhi, Oct 21 (UNI) Expressing its serious concern over the way, some of the hate speeches were made against the minority communities during recent religious congregations, the Supreme Court questioned as to where we have reached, what have we reduced religion to?
"Where have we reached? What have we reduced religion to? What have we reduced God to? It is tragic," a two-judge bench of the Supreme Court, headed by Justice K M Joseph and also comprising Justice Hrishikesh Roy, observed.
"The statements are certainly very shocking for a country that is to be religion neutral," the Supreme Court said, and expressed shock at some of the statements and hate speech made against minority communities during certain recent religious congregations.
The Apex Court was hearing a plea filed by the petitioner, Shaheen Abdullah, seeking urgent direction, interventions and or orders to stop the hate speeches made against the Muslim community.
"A country which is a democracy and religion neutral, you are saying it there should be action in IPC. But it's against one community. It is sad," the Supreme Court observed.
Senior advocate Kapil Sibal, appearing for the petitioner, Abdullah, presented a recent "Hindu Sabha" as an example where BJP MP from West Delhi, Parvesh Verma, called for the "total boycott" of "these people" apparently referring to Muslims.
The Supreme Court said, in its order that "the respondent (authorities) will issue directions to their subordinates in this regard without looking at the religion of the accused, so that the secular nature of India is preserved.*
The Supreme Court also in its order directed that the respective governments and police authorities should take suo motu action in cases of hate speeches and they should not wait for lodging of a formal complaint.
"Such action is needed to be taken to preserve secular character of the country," the Supreme Court observed and expressed its shock over the way the hate speeches are made.
Abdullah, the petitioner, said the Muslim community is being "targeted and terrorised" by the participation of the members of the ruling political party in delivering the hate speeches.
The Supreme Court in its order directed the Delhi, Uttar Pradesh and Uttarakhand police to take Suo Motu cognizance action against any instance of hate speech in the State without waiting for a complaint to be filed.
The Supreme Court also made it clear that if there is a lack of action by the police and authorities, it will result in contempt of court against the concerned authority or person.
The Supreme Court also sought action taken report from Delhi police on alleged hate speeches made by Bharatiya Janata Party (BJP) Member of Parliament, Parvesh Verma and others in Delhi on October 9 against Muslim community.
Sibal argued that we have filed many complaints. This Court or administration never takes action! Always status reports. These people are participating in events on daily basis.
"The Administration does nothing. We keep coming to Court," Sibal pleaded for action.
While reading the alleged speeches of Varma, the Court read, "If need be, we will slit their throats", (Bench reads). It said, it is very sad and tragic.
Sibal said, Yes, him and team. He is an MP of the party (BJP).
"We need an SIT (Special Investigation Team) to make sure that it doesn't get repeated," Sibal pleaded to the Supreme Court.
UNI SM SHK2105。2011年,81岁、生活无依靠的阮大爷向村委会求助。在村委会主持下,阮大爷和同村男子刘某军签下遗赠扶养协议,约定刘某军为老人养老送终,老人将所有财产遗赠给刘某军。

三 | 协议书里写明,“保证悉心照顾遗赠人,让老人安度晚年至遗赠人阮大爷去世之前供给生活水平保持全村平均生活水平。” 2011年11月开始,刘某军承担起对阮大爷的扶养责任,全家搬至阮大爷家一起生活。一些视频记录下了阮大爷和刘家人生活的场景:一家人为阮大爷过生日、刘某军的孙子孙女向老人拜年、小孙女为老人洗脚…… 2023年3月,阮大爷近800平方米的宅基地被划入拆迁项目,老人获得安置房5套。

四 | 同年10月,阮大爷因病去世,刘某军为其买墓地,料理丧葬事宜,送老人走完最后一程。 刘某军认为,自己如约履行了生养死葬的扶养义务。为了接受遗赠,刘某军将阮大爷的妹妹、两个侄女起诉至法院,请求法院确认遗赠扶养协议有效,协助其办理房屋过户事宜。 案件审理过程中,多位村民出庭作证,表示阮大爷生活水平跟同村人相比在中上水平,老人平时常在公园遛弯、下象棋。“老人原来肺不好,刘某军给装了5个增氧机。老人每天早上要吃煮鸡蛋、喝奶,刘某军连续十几年都做到了,早餐时常给换口味,熬粥、做面条、炖肉……”一名证人表示。 法官实地调查时还得知,刘某军与阮大爷同住后,老人的侄女、妹妹与老人之间来往较少,对此,老人的侄女、妹妹也在法庭上承认,看望老人次数并不多。 近日,顺义法院对此案作出判决,确认遗赠扶养协议中涉及财产赠与以及刘某军承担的生养死葬义务部分应属有效,并认定5套房屋的所有权益应由刘某军继承。

五 | 法官表示,刘某军在老人年岁已高、无人照管时,主动承担扶养责任,与其共同生活多年,照顾老人生活起居,并履行了遗赠扶养协议中的生养死葬义务,使老人度过了一个幸福快乐的晚年。刘某军十多年赡养孤寡老人的行为符合社会主义核心价值观,对其行为应当给予积极评价。
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