Higher Judiciary: No winners but office of CJI is the loser

supreme courtThe recent rift between the executive and the judiciary over judicial appointments is not a new development but Centre dragging its feet on the elevation of Uttarkhand Chief Justice C J Joseph to the Supreme Court has the potential to open a Pandora’s box. Law Minister Ravi Shankar Prasad’s explanation about disapproval on the grounds that Justice Joseph is too junior in the all-India list of judges and that there is an imbalance in the regional representation in the Supreme Court, clearly means scrutiny from body political into the affairs of the apex court.

This comes almost immediately after the motion of impeachment of the Chief Justice of India that had been rejected by the vice-president of India. The vice-president has the powers to reject the impeachment notice and he has rightly chosen the grounds that the charges did not constitute misconduct or incapacity. Section 3 of the Judges (Inquiry) Act, 1968 that deals with the procedure for the investigation and proof of the misbehavior or incapacity of a Judge of the Supreme Court or of a High Court states that the presiding officer may admit or refuse to admit the motion after holding consultations with such persons as he thinks fit, and considering the material before him. Also, the CJI is free to allocate cases as “master of the roster” and there being no “proven misconduct” or “incapacity”, there is no constitutional basis for the notice to be admitted. The removal motion is new low for the body politic because such a measure requires consensus and thinking. The danger of such a cavalier precedent is that political parties could make a habit of using the impeachment motion to intimidate judiciary. This would weaken the great institution. There are no winners in this but the biggest loser is the highest court of justice. In fact some of most eminent jurists have also criticised the move.

The ongoing internal tussle in the Supreme Court has also done an irreparable damage to the office of the apex court leaving common people baffled. Chinks in the higher judiciary were visible after the first-ever press conference by the top four judges of the Supreme Court in which they levelled allegations against the CJI. Not surprisingly, the polity was bound to exploit the opportunity to gain brownie points. But at what cost? When the lordships failed to arrest the slide in rectitude, the matter entered into the political domain. By far impeachment of a Judge has never happened in our country but because the controversy involves the CJI, it does not bode well for the highest office of judiciary. Impeachment is too serious to be used on grounds of disagreement. Indian judiciary has time and again shown itself resilient for self-correction and it will come out unscathed from this uncalled move too..

70 killed, 100 injured in high-intensity dust storm in UP, Rajasthan

IndiaTvecec9a_dustThe high-intensity dust storm followed by thunder showers which hit part of Uttar Pradesh, Rajasthan and NCR region on May 2 left more than 70 people dead and 100 others injured.

Huge damage to life and property was reported during the storm. Numerous houses collapsed and electricity poles and trees were uprooted. The storm has resulted in huge traffic jams in NCR and other states.

Contingency funds had been released to the administration of affected districts and  Rs 4 lakh would be given to family members of the deceased, Rs 2 lakh to persons who have sustained 60 percent injuries, and Rs 60,000 to people with 40 to 50 percent injuries, said Hemant Kumar Gera, state secretary for disaster management and relief.

Major destruction was reported in Alwar. “Five persons have died in different incidents due to the dust storm. We have alerted health department officials, including doctors, power department and district administration officials to provide treatment to those injured and repair the damage caused by the storm in the district,” has said Rajan Vishal, Alwar district collector.

 “Agra was the most affected district in Uttar Pradesh, State Revenue and Relief Commissioner Sanjay Kumar reportedly said. He also said that relief would be given within 24 hours to the affected people.

Rajasthan Chief Minister Vasundhara Raje has expressed grief over the incident and said authorities concerned had been directed to ensure all possible help to victims and victims’ families.

Tripura CM Biplab Deb threatens to pull out nails who interfere in his government affairs

biplabTripura Chief Minister Biplab Dev, who is now famous for making contentious statements, has again flared up a new controversy.

Reportedly a video has emerged in which Tripura CM Dev can be seen saying that anyone who interferes in or pokes at his government would find their nails pulled out.

Further, he said that “Around 8 in the morning, a vegetable seller brings bottle gourd to the market. However, the same gourd gets rotten by around 9 am due to repeated digging of nails by customers. He instantly replied on seeing this that this should not happen with my government. No interference in my government. If someone pokes or interferes his nail would be pulled out. No one can touch my government.”

However, this is not the first time that his statement has moved in controversy.

 On April 29, the Chief Minister advised the youth to “set up paan shops instead of running after political parties for several years to get government jobs and waste the vital time of their life”, for which he rendered an apology later.

“The youth here runs after political parties for several years to get a government job and wastes the vital time of their life, had the same youth instead of running after parties set up a paan shop he would have by now had a bank balance of Rs 5 lakh,” said Deb.

Two weeks ago, the said that the internet existed during the time of the fictional Mahabharata.

 

Sitaram Yechury sets strategy to strengthen party

Sitaram Yechury, who has been unanimously elected as general secretary of the CPI(M) for the second time, has vowed to strengthen the party. The 65-year-old leader, who had taken over as general secretary of the party from Prakash Karat in 2015, discusses his strategy to focus on the unity of the party workers, with Vivashwan Singh

What will be your tentative approach as the General Secretary of CPI(M) for the progress of the party during his second term?

Sitaram: Our priority is strengthening the party. For that, we have taken a large number of decisions at the organizational level. We will continue to hold mass movements to further build up Left unity.

Sitaram_Yechury
The student and youth
 organizations of the party have been getting weaker in West Bengal and various others states. Has the Congress provided any roadmap for revival in strongholds?

Sitaram: Yes, on the basis of that we are going to draw in democratic forces and provide a Left and Democratic Front which will project an alternative policy direction for the people.

The BJP and RSS have often criticised CPM for not having a single Dalit member in the Politburo since last 53 years ago. How do you respond to that?

Sitaram: They are the last ones to criticise us. We accept the fact that it is a weakness which needs to be worked upon. In Communist parties, the leadership emerges through struggles and we have seen intense struggles in the Left and Dalits movements since last three years. The Dalits are already there in large numbers in state leadership. It’s only a matter of that a Dalit gets elected into Politburo, but it will surely happen.

The party has constantly referred to its main agenda being the defeat of the BJP and the RSS. Why didn’t the party give more importance on talking about its own resurrection?

Sitaram: What I told in the beginning was the basic thrust of the party congress and we are working on it.

There has been confusion over the amendment in political tactical line in the party.The political resolution now says,’no political alliance’, keeping possibilities open for an electoral understanding with the Congress. Yet, some Politburo members are still reluctant on an electoral alliance with Congress. Clarify your point.

Sitaram: There’s a mistake committed by everyone which is, assuming India to be a monolithic nation. The political structure of India is very diverse and it depends on regional parties. It would be meaningless if CPI(M) and Congress contest together in Uttar Pradesh, because it is dominated by SP and BSP. In Bihar, RJD is the main force and politics revolve around the combination of OBC and Muslim votes. The Left and Congress are inconsequential in Bihar. In the South, Karnataka being an exception, Congress is totally inconsequential in all other states. In states like Kerala, our party’s main fight is with Congress, in Tripura and West Bengal it is with BJP and TMC, so the tactics are going to vary from state to state and there’s nothing sort of ‘All India’ blueprint. I don’t understand this question of Congress and Left going together. In general elections, no electoral alliance has ever emerged before the elections. The United Front in 1996 was formed after the elections and the UPA-I was also formed after the elections. Some people are trying to generate a myth that there will be some sort of front projection before the 2019 elections but it will never happen.

 The CPM by not being a part of the government in 1996 and 2004 had made an impression in public that the party shies away from responsibility. Don’t you think being a part of government is always a good opportunity to showcase your ideologies and your experience in running the government?

Sitaram: We always prefer being a part of the government where we are capable of implementing our policies. The places where we had got a mandate, we have ruled there for 7 consecutive terms. No other party has such a record in India. So there’s no question of shying away from responsibility. We will rule only in places where we can implement what has promised to the people.

 The BJP’s “Chalo Paltai” slogan did ring bells of TMC’s “Pariborton” slogan. Don’t you think the youth was tired of seeing the same CM since they were born? The party knew that IPFT’s support base was the tribal people, do you think nominating a young tribal face for CM like Jitendra Choudhary could’ve made a difference?

Sitaram: Nominating another candidate wouldn’t have made a lot of difference since it is not a question of symbolism. The point is that the failure to fulfill the growing aspirations of youth in Tripura was one of the main reasons for our defeat. The reason for those growing aspirations was the Left Front rule. In terms of Literacy, Tripura had even crossed the mark of Kerala. Educating the youth and providing them with adequate skills eventually created growing aspirations and the Left was defeated because of its inability to fulfill those aspirations.

The BJP and Congress have been inviting various star campaigners like Yogi Adityanath, Hema Malini, Shashi Tharoor and Md Azharuddin from other states to campaign in Karnataka. Can we expect some of your comrades from Kerala to do the same in the constituencies where you have chances of winning?

Sitaram: Definitely.There’s already a list of star campaigners with the election commission. Not only Kerala, even all India leaders will come to campaign in constituencies where we have chances of winning.
It was you who first talked about the impeachment of the Chief Justice of India; do you believe that judiciary is in danger?

Sitaram: I do. I seriously believe that judiciary is in danger. It has become an institution which is committed towards executive which is a very dangerous trend for a democracy.

What does Sitaram Yechury do when he’s not doing politics?

Sitaram: Sleep, I think.

J&K: Stone pelting on school bus, Class 2 child injured

A private school bus was attacked by stone-pelters in Shopian district of Jammu and Kashmir on April 2 in which a Class 2 student suffered a head injury.

There were reportedly 50 children on the bus at the time of the inschool bus_stone peltercident.

According to the police, a group of miscreants pelted stones on the bus carrying students of Rainbow High School at Zavoora in Shopian.

Rehan Gorsai, the class 2 student got head injuries. Doctors attending on him in SMHS Hospital said his condition was stable.

“My son has been injured in stone pelting, this is against humanity. This could have been anyone’s child,” said Rehan’s father.

The police have sanitised the area and the search for stone pelters was underway, said SSP Shopian Shailendra Kumar

Jammu and Kashmir Chief Minister Mehbooba Mufti criticized the incident and expressed her anger on twitter.

“Shocked and angered to hear of the attack on a school bus in Shopian. The perpetrators of this senseless and cowardly act will be brought to justice,” she tweeted.

“How does pelting stones on school children or tourist buses help advance the agenda of these stone pelters? These attacks deserve our unequivocal condemnation & this tweet is mine,” National Conference (NC) working president Omar Abdullahh tweeted.
The amnesty granted to stone-pelters was meant to encourage more reasonable behaviour but some of these goons are determined to use the opportunity given to them to just pelt more stones, he added.

Chhota Rajan convicted, journalist Jigna Vora acquitted in J Dey murder case

Chhota Rajan
Chhota Rajan

In the seven-year-old J Dey murder case, a special court in Mumbai declared Chhota Rajan guilty.

Out of 12, 10 accused have been convicted. Journalist Jigna Vora and Joseph Paulson  have been acquitted

The court is expected to pronounce the quantum of punishment today itself.

Those convicted include Rohit Thangappan Joseph alias Satish Kalya, Abhijeet Kasharam Shinde, Arun Janardhan Dake, Sachin Suresh Gaikwad, Anil Bhanudas Waghmode, Nilesh Narayan Shendge alias Bablu, Mangesh Damodar Agawane, Deepak Sisodia. One other accused Vinod Chembur died of natural causes.

Journalist Vora, was suspected of allegedly instigating Rajan against Dey due to her own professional rivalry. She was believed to have passed on Dey’s information to the gangster.

The case dated back to June 11, 2011 when the veteran crime journalist, 56 at that time, was gunned down in suburban Powai.

Rajan, who is currently lodged in the Tihar Central Jail was extradited to India in December 2015.

“I feel relieved. This is the first time that an underworld don has been convicted in a regular [murder] case,” said Former Mumbai police commissioner Arup Patnaik , who was the commissioner at the time of the murder.

Kasauli anti-encroachment drive: Hotelier kills woman Asst Town Planner, SC says 'serious issue'

Kasauli demolitionTaking suo motu cognisance of the killing of an assistant town planning officer during a court-ordered anti-encroachment drive in Himachal Pradesh’s Kasauli, the Supreme Court said it is an “extremely serious issue”. The apex court had directed the matter to be placed before Chief Justice of India Dipak Misra.

The incident occurred when a woman assistant town and country planner was carrying out SC ordered drive to demolish illegal structures in 13 hotels in Solan district.

“We might stop passing any order if you are going to kill people,” the court said.

On April 1, Assistant Town Planner, Shail Bala Sharma was allegedly chased and shot dead by the Narayani guest house owner, Vijay Thakur after an altercation between took place during a demolition drive against unauthorised structure in 13 hotels across the hill resort in Himachal.

According to reports, eyewitnesses said that Thakur fired at least three bullets at her inside the Narayani guest house in Mandudhar on the Dharampur-Kasauli road at around 2.33 pm.
The accused is on the run and the Police have announced a reward of Rs 1 lakh for information leading to Thakur’s arrest.

Vijay Thakur had committed a “brazen act of defiance of this court’s orders”, observed the bench.

According to order given by the Apex Court on April 17, the hotel owners were given 15 days to demolish unauthorised constructions on their premises. They were also told to deposit a fine of up to Rs 15 lakh each.

“You just demolish it (unauthorised constructions). What is going on? You are admitting that you were supposed to make only two-storeyed buildings. There was a landslide in your premises and you did nothing. You are putting the life of people in danger. For what? Money,” the bench had observed.

2016 Jeddah suicide bomber was Indian, confirms Saudi Arabia

Still frame taken from video shows security personnel in front of a mosque as police stage a second controlled explosion, after a suicide bomber was killed and two other people wounded in a blast near the U.S. consulate in JeddahThe bomber behind the failed 2016 suicide attack outside the US embassy in Jeddah was an Indian national, confirms Saudia Arabia after conducting DNA test.

According to Saudi Arabia, the bomber was Fayaz Kagzi, an Indian national and an alleged operative of the Lashkar-e-Taiba. Earlier, Saudi authorities identified him as Abdullah Qalzar Khan, a Pakistani national who had blown himself in a foiled suicide attack.

The Jeddah blast took place on July 4, 2016. It was the first of three attacks to hit Saudi Arabia that day. The other two attacks were Shia mosque in Qatif and Masjid-i-Nabvi in Medina.

According to reports, Kagzi fled to Pakistan via Bangladesh in 2006. In 2009, he shifted his base to Saudi Arabia.

On 4 July, 2016, the attacker detonated his suicide vest near the parking lot of a hospital, opposite the consulate building, when security guards approached him. The attacker died and two security men were wounded with minor injuries, according to the statement published by the State-run Saudi Press Agency.

Militants kill 3 civilians in J&K's Baramulla, Police say motive ‘unclear’

Kashmir by Tariq Mir (3)
Representational image

Unidentified militants have killed three civilians (all under the age of 23 years) at Iqbal Market Khanpora, old town Baramulla on the evening of April 30 in Jammu and Kashmir police said.

Motive of the incident is still unclear and police even refused to speak about the same.

All the victims of the Baramulla gunmen attack were residents of Kakar Hamam and identified as Asif Ahmad Sheikh, Haseeb Ahmad Khan and Mohammad Asgar,

“Preliminary investigation reveals the role of the Lashkar-e-Taiba behind the incident. One Pakistan-based and two other local militants of Baramulla are the principal suspects in this case and are already wanted by law. The police have started investigation into the matter,” said Police spokesman.

State Chief Minister Mehbooba Mufti expressed deepest condolences to the families of the victims and said she was ‘distressed’.

 While National Conference (NC) working president Omar Abdullah asked separatists to issue condemnation for the incident.

NC president Abdullah tweeted “3 civilians have been murdered by terrorists in Baramulla just now. I’d like to see the separatist leaders issue the sort of condemnation they usually reserve for when civilians are killed by security forces.

Caste marking on chests of police aspirants in BJP-ruled MP, police orders investigation

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Photo: Twitter/@RahulGandhi

Candidates who are appearing for the post of police constables from SC, ST and OBC categories in Madhya Pradesh’s Dhar District were reportedly labelled with their caste on their chest during their medical examination procedures at a district hospital on April 29.

“It is a serious matter and we have ordered investigation,” Superintendent of Police Birendra Singh said.

He further said that no such instruction was given by the police to mention the caste of the candidates on their chests.

Opposition parties have attacked BJP ruled MP government for alleged caste marking.

On April 30 Congress President Rahul Gandhi while condemning this BJP government’s act in MP tweeted  “BJP sarkar ke jativadi ravaiye ne desh ki chhati par chhura mara hai. MP ke yuvaon ke seene par SC/ST likhkar desh ke samvidhan par hamla kiya hai (BJP government’s casteist attitude has stabbed the country in its chest. Writing SC/ST on MP youths’ chest amounts to attack on the Constitution).”

His tweet further reads this is the mindset of BJP/RSS which saw pitchers hung on Dalits’ necks, brooms tied to their body and their entry denied to temples and we have to defeat this mindset.

Ashok Gehlot, general secretary of All India Congress Committee also attacked the state government in his tweet “The treatment meted out to dalits in BJP ruled #MadhyaPradesh is shocking and condemnable. It speaks for itself; what the mindset of BJP leaders is and how their policies are discriminating against dalits.”

BSP Supremo Mayawati said “Does it suit the BJP and company, and the prime minister himself, to remain silent, (and) not to condemn such an incident… This is the new and fresh example of BJP’s new found love for Dalits for their political gains.”

Seeing the criticism of opposition leaders, Dr Hitesh Bajpai, senior BJP leader and former media incharge, added “Nobody can support what happened in Dhar but what was done was not any casteist action. It was done for the sake of classification. An inquiry is being conducted and the guilty will be punished.”

So far, none of the constables involved in the incident have lodged any complaint.

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