CJI wanted to join anti-rape protests

January 22, 2013

CJI

New Delhi, Jan 22: “I wish I could also have been there, but I can’t” Chief Justice of India Altamas Kabir on Monday said while terming the upsurge and protest that took place in the wake of the December 16 gangrape incident as “fully justified” and “absolutely necessary”.

“What happened that day (December 16) was not something new... but it caught the imagination of the people and led to a tremendous upsurge and this upsurge as I have said earlier also, was fully justified. What started as a protest, as a mark of showing one’s anger, it was all genuine, absolutely necessary....”, Justice Kabir said.

“I salute everybody who took part (in the protests). I wish I could also have been there, but I can’t,” he said on the sidelines of the Sixth National Conference on the Protection of Women from Domestic Violence Act.

He, however, cautioned “that we cannot afford certain types and groups of people from exploiting such situation for their own ends”.

“My nephew was also beaten up in the protest (at India Gate),” Justice Kabir said, adding “the protest was later on hijacked”. He said that it started out as a “peaceful protest”, but other “things” started coming in and it “became ugly”.

While addressing the gathering which comprised sitting Delhi High Court judge Justice Gita Mittal as well as several legal luminaries and academicians among others, Justice Kabir also said that what happened on December 16 was not just a crime against an individual, but against women and society in general.

Referring to the “shameful” incident of December 16, when a 23-year-old girl was brutally gang-raped in a moving bus and later thrown out of it along with her male friend, Justice Kabir said it has resulted in a tremendous re-thinking of “what is going on” in the society.

The CJI also said there is a need to changing the mindset of the judicial officers who take up such cases. “Many of us (judges) are quite insensitive. Many of us look to the strict letters of the law,” he said,

adding that he has reminded people, especially judicial officers, to be sensitive to problems related to women and children.

“Dont just think of letter of the law, but for God’s sake also think of the spirit of law. I say take the spirit and the letter of the law, combine them together and you will have something worth looking forward to,” Justice Kabir said.

On fast track courts, the CJI said that the government will provide funds for the purpose. He said that earlier, lack of funds had resulted in several states not continuing with fast track courts. Now, various states have come out saying they will fund these courts.

He also lamented that had the apex court’s directions to remove the curtains and black film been implemented then “no one would have dared to do such a thing in a moving bus”.

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News Network
March 16,2024

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New Delhi: The 2024 general election for 543 Lok Sabha seats will be held in seven phases from April 19, Chief Election Commissioner Rajeev Kumar said today, announcing the largest democratic exercise in the world. Results will be announced on June 4.

The seven phases: 
April 19
April 26
May 7
May 13
May 20
May 25
June 1

Simultaneous election for Lok Sabha and assembly will be held in four states -- Sikkim, Odisha, Arunachal Pradesh and Andhra.  

By-elections will also be held for 26 assembly seats across multiple states, including Bihar, Gujarat, Haryana, Jharkhand, Maharashtra, Rajasthan and Tamil Nadu.

Mr Kumar, announcing the dates, sent out a strong message on fake news on social media, saying political parties should ensure responsible social media behaviour -- "verify before you amplify".

"Fake news will be dealt with severely as per existent laws.. Section 79 (3)(B) of the IT Act empowers nodal officers in each state to remove unlawful content," he said.

The other strong message was on violation of model code in terms of hate speeches. "There should be issue-based campaign, no hate speeches, no speeches along caste or religious lines, no criticism of anyone's personal lives," he said.

The media must clarify when they carry political adverts, those cannot masquerade as news, he said. Individual messages regarding this would be sent to the candidates, he added.

The commission has employed 2,100 advisors to keep an eye on these issues and strong action will be taken regarding this, he said.

Voters above the age of 85 years and persons with disabilities, with 40 per cent disability can vote from home, Mr Kumar said. Around 82 lakh voter are above the age of 85, he said.

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News Network
March 22,2024

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New Delhi, Mar 22: The Aam Aadmi Party has made it clear that Arvind Kejriwal will remain the Delhi Chief Minister despite his arrest in the liquor policy case. While no law would stop the AAP leader from running the state from prison, the jail guidelines would make it extremely difficult.

Kejriwal was arrested yesterday by the Directorate of Enforcement (ED), following his avoidance of nine summons issued by the investigative agency in relation to the Delhi liquor policy case. 

The decision to apprehend Kejriwal transpired shortly after the High Court's denial of protection from arrest. With this development, Kejriwal becomes the second opposition Chief Minister to face arrest by the ED within a span of fewer than two months, following Jharkhand Chief Minister Hemant Soren's similar fate in January 2024 due to allegations in a graft case. Subsequently, Hemant Soren was replaced by his party colleague, Champai Soren.

Delhi government minister Atishi declared shortly after Kejriwal's arrest that he would not step down from his position. However, the legality and feasibility of a detained Chief Minister continuing to fulfill official duties warrant examination.

A former law officer of Delhi's Tihar Jail says that an inmate can only hold two meetings in a week, which would make it difficult for Mr Kejriwal to carry out his responsibilities as Chief Minister.

Can he run government from prison?

While theoretically plausible, governing from detention presents logistical challenges. However, there exists no explicit prohibition against a Chief Minister conducting official responsibilities while under arrest. Disqualification only occurs upon conviction.

The Representation of the People Act, 1951 outlines disqualification provisions for specific offenses, necessitating a conviction for those holding office.

Will centre impose president’s rule?

Constitution expert SK Sharma told TOI that there exists no specific legal provision mandating the automatic resignation of a state's Chief Minister upon arrest. He cited the example of former Bihar CM Lalu Prasad Yadav, who appointed his wife Rabri Devi as CM during his arrest. "Former Bihar CM Lalu Prasad Yadav made his wife Rabri Devi the CM of the state when he was arrested. More recently, Hemant Soren in Jharkhand also resigned. Calling cabinet meetings in the jail or review meetings with officials in his cell does not seem practical," said Sharma.

Sharma further indicated that if AAP persisted in retaining Kejriwal as CM, it could lead to a deadlock, potentially prompting the Centre to impose President's rule in Delhi.

What may happen next?

Despite AAP's unwavering stance on Kejriwal's continuation in office, internal sources say that potential successors, including Atishi and health minister Saurabh Bharadwaj. Atishi, known for her extensive portfolio and close ties to Kejriwal, alongside Bharadwaj, a prominent minister with significant responsibilities, emerged as likely contenders. Additionally, sources speculated about the surprise candidacy of Kejriwal's wife, Sunita, given her background as a revenue services officer and active involvement in party affairs.

However, finding a successor of comparable stature to Kejriwal, a national convener of the party and three-time Delhi CM, presents a formidable challenge for AAP.

Role of Delhi's Lieutenant Governor

Delhi's unique power structure, featuring an elected Chief Minister and a Lieutenant Governor appointed by the Centre, presents a complex scenario. Kejriwal's ability to continue as CM hinges on legal relief, failing which the Lieutenant Governor can seek Presidential intervention, potentially leading to the imposition of President's rule.

Recent cases demonstrate how denial of bail can compel resignation, highlighting the precarious position of arrested officials.

In light of these developments, the Lieutenant Governor could invoke 'failure of constitutional machinery' to justify President's rule, thereby bringing the national capital under direct Union government control until the end of the current Assembly's tenure in February 2025.

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News Network
March 14,2024

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The high-level committee on simultaneous elections, chaired by Ram Nath Kovind, on Thursday met President Droupadi Murmu at Rashtrapati Bhavan and submitted its report on 'One Nation, One Election'. The report comprises 18,626 pages.

Home Minister Amit Shah was also present at Rashtrapati Bhawan when Kovind led panel submitted the report.

"Simultaneous polls to Lok Sabha and state assemblies can be held in first step, followed by local body polls within 100 days in second step," reported PTI quoting the panel.

"Synchronised polls for all three tiers of government to improve governance architecture, in line with quest of aspirational India," it added.

The report has been submitted 191 days after the constitution of the panel on September 2, 2023.

It's further reported that the proposal also puts focus on having a singular electoral roll for holding Lok Sabha, state assembly and local body polls.

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