Arunachal comes under President's rule

January 26, 2016

New Delhi, Jan 26: Arunachal Pradesh today came under central rule with President Pranab Mukherjee giving assent to the Union Cabinet's recommendation on such a course following political instability in the state.

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Official sources said the President signed the proclamation two days after the cabinet held an unscheduled meeting on Sunday to recommend that the northeasten border state be brought under central rule.

Minister of State for Home Kiran Rijiju had said the cabinet was forced to take the decision because of a Constitutional breakdown as six months had lapsed between two sessions of the state Assembly.

Yesterday Mukherjee called Home Minister Rajnath Singh and put some queries to him on the need for the imposition of President's rule even as Congress, the ruling party in the state, met him and opposed the cabinet decision.

The party urged the President not to give assent to the cabinet decision saying the issue was before the Supreme Court which has decided to hear the Congress petition tomorrow.

Other major opposition parties had also attacked the Centre's decision saying it amounted to "murder" of democracy while the BJP said the crisis was of Congress' making because it had lost numbers in the Assembly.

Arunachal Pradesh has been rocked by a political crisis since December 16 last year when 21 rebel Congress MLAs joined hands with 11 of BJP and two independents to 'impeach' Assembly Speaker Nabam Rebia at a makeshift venue, in a move branded as "illegal and unconstitutional" by the Speaker.

Meanwhile, the Supreme Court decided to hear on January 27 the Congress plea challenging the Cabinet decision.

The petition seeking urgent hearing was mentioned before Chief Justice T S Thakur, at his residence, who directed the matter to be listed for hearing on Wednesday.

The Union Cabinet's decision was based on state Governor Jyoti Prashad Rajkhowa report.

Up in arms against Tuki, 21 rebel party MLAs, including 14 disqualified a day before, with the help of BJP and independent legislators, congregated at a community hall after the state Assembly complex was 'sealed' by the local administration, and 'impeached' Rebia in an impromptu session chaired by Deputy Speaker T Norbu Thongdok.

27 MLAs in 60-member Assembly, including the Chief Minister and his ministerial colleagues, boycotted the proceedings.

A day later, in a bizarre turn of events, opposition BJP and rebel Congress MLAs congregated in a local hotel to "vote out" Chief Minister Nabam Tuki and to "elect" a rebel Congress MLA in his place but the Gauhati High Court intervened to keep in "abeyance" decisions taken at the rebel "session".

A "no confidence" motion moved by BJP MLAs and Independent MLAs was "adopted" with Deputy Speaker T Norbu Thongdok, who is also a rebel Congressman, in the Chair. A total of 33 members in the 60-member house, including 20 dissident Congress MLAs, later "elected" another dissident Congressman Kalikho Pul as the new "chief minister" of the state.

The Chief Minister had also written the President and Prime Minister Narendra Modi seeking their intervention to "uphold" the Constitution in the face of the "unprecedented murder" of democracy and "bypassing" of a democratically- elected government by the Governor.

Angry over the Governor's action in calling a session of the Assembly bypassing the government, the Congress had paralysed the Rajya Sabha for two days during the winter session.

In the High Court, Justice Hrishikesh Roy observed prima facie the Governor's decision to advance the Assembly session to December 16, 2015 for taking up the impeachment proceedings against the Speaker was in "violation of Article 174 and 175 of the Constitution.

The Supreme Court has referred a batch of petitions on the Arunachal Pradesh crisis to a Constitution Bench.

Rebia, who has challenged in Gauhati High Court various decisions of the Governor and Deputy Speaker including his removal from the Speaker's post, had alleged that the High Court's Acting Chief Justice had "erroneously rejected" his plea, filed on the judicial side, in administrative capacity. He had also sought recusal of Justice B K Sharma from hearing his plea.

Rebia was removed from the post of the Speaker by 14 rebel Congress MLAs, disqualified by the Speaker, and BJP MLAs on December 16 in an assembly session presided over by the Deputy Speaker in a Community Hall in Itanagar. The Deputy Speaker, before removing Rebia from Speaker's post, had also quashed the disqualification of the rebel Congress legislators.

Another bench of the High Court later overturned Justice Roy's order and dismissed the Speaker's petition.

Later, a statement from the Union Home Ministry said the President has signed a Proclamation under Article 356 (1) of the Constitution, imposing President's Rule in relation to the state of Arunachal Pradesh and keeping the Legislative Assembly of the state in suspended animation with effect from January 26, 2016.

"Taking cognisance of the constitutional breakdown that has taken place in the state of Arunachal Pradesh as reported by the Governor of Arunachal Pradesh, the Union Cabinet in its meeting held on January 24, 2016 had recommended to the President of India to issue such a proclamation.

"In pursuance of this proclamation, all the functions of the Government of the state of Arunachal Pradesh and all the powers vested in or exercisable by the Governor of Arunachal Pradesh under the Constitution or under any law in force in that state, which have been assumed by the President by virtue of the said Proclamation, shall, subject to the superintendence, direction and control of the President, will also be exercisable by the Governor of Arunachal Pradesh," it said.

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News Network
April 23,2024

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Congress workers protested outside the home of Nilesh Kumbhani, the party's candidate from Gujarat's Surat Lok Sabha seat whose nomination form was rejected due to alleged discrepancies, as he was likely to join the BJP, sources said on Tuesday.

The protest came a day after the BJP's Mukesh Dalal was declared the winner from the party stronghold following the withdrawal of all the other eight candidates in the fray.

The sources said that the protesters called Kumbhani a "traitor" and "killer of democracy", adding that he could join the BJP as early as this week.

Kumbhani's nomination form was rejected after he was unable to present even one of his three proposers before Returning Officer Sourabh Pardhi.

The BJP had raised questions about the discrepancies in the signatures of three proposers in his nomination form.

The nomination form of Suresh Padsala, the Congress' substitute candidate from Surat, was also invalidated, pushing the party out of the poll fray in the BJP stronghold.

In his order, Pardhi said the four nomination forms submitted by Kumbhani and Padsala were rejected because at first sight, discrepancies were found in the signatures of the proposers, and they did not appear genuine.

The Lok Sabha elections in the Surat seat was supposed to take place on May 7.

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News Network
May 4,2024

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Canadian Police said they have arrested three Indians they suspect were part of the alleged hit squad that had killed Hardeep Singh Nijjar, a Sikh separatist leader involved with the Khalistan movement, which calls for an independent Sikh state.

Nijjar's killing had become the epicentre of a diplomatic row between India and Canada last year after Prime Minister Justin Trudeau alleged the role of "Indian agents" in the murder. India had rejected the charge as "absurd" and "motivated".

The three arrested Indians - Karan Brar, 22, Kamalpreet Singh, 22, Karanpreet Singh, 28 - were living as non-permanent residents in Alberta for three to five years, said Superintendent Mandeep Mooker, who leads the Integrated Homicide Investigation Team. The police have also released their photos.

They have been charged with first-degree murder and conspiracy to commit murder, showed court documents.

Police said that none of the suspects were known to them earlier and they were investigating their possible ties to the Indian government.

The murder remains "very much under active investigation," Royal Canadian Mounted Police (RCMP) Assistant Commissioner David Teboul told a press conference on Friday.

"There are separate and distinct investigations ongoing into these matters, certainly not limited to the involvement of the people arrested today, and these efforts include investigating connections to the government of India," CTV News quoted him as saying.

Nijjar, a Canadian citizen who was wanted in India on various terror charges, was shot dead outside a gurdwara in Surrey on June 18, 2023. Trudeau's charge against India sparked a massive row later that year with both countries expelling diplomats of the other country.

A fresh row erupted earlier this week after separatist slogans on 'Khalistan' were raised at an event addressed by Trudeau, prompting New Delhi to summon their Deputy High Commissioner and lodge a strong protest.

On the sidelines of the event, Trudeau told reporters that Nijjar's killing had created a "problem" that he could not have ignored.

India rejected his comment and said it once again showed Canada provides political space given to separatism, extremism, and violence. "This not only impacts India-Canada relations but also encourages a climate of violence and criminality in Canada to the detriment of its own citizens," foreign ministry spokesperson Randhir Jaiswal said.

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News Network
April 26,2024

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The Supreme Court of India on Friday, April 26, rejected pleas seeking 100% cross-verification of votes cast using EVMs with a Voter Verifiable Paper Audit Trail (VVPAT) and said “blindly distrusting” any aspect of the system can breed unwarranted scepticism.

A bench of Justices Sanjiv Khanna and Dipankar Datta delivered two concurring verdicts. It dismissed all the pleas in the matter, including those seeking to go back to ballot papers in elections.

An EVM comprises three units – the ballot unit, the control unit and the VVPAT. All three are embedded with microcontrollers with a burnt memory from the manufacturer. Currently, VVPATs are used in five booths per assembly constituency.

EVM VVPAT case: Supreme Court issues two directives

1.    Justice Khanna directed the Election Commission of India to seal and store units used to load symbols for 45 days after the symbols have been loaded to electronic voting machines in strong rooms.

2.    The Supreme Court also allowed engineers of the EVM manufacturers to verify the microcontroller of the machines after the declaration of the results at the request of candidates who stood second and third. The top court said the request for the verification of the microcontroller can be made within seven days of the declaration of the results after payment of fees.

Option for candidates to seek verification of EVM programmes

•    Candidates who secure second and third position in the results can request for the verification of burnt memory semicontroller in 5% of the EVMs per assembly segment in a Parliamentary constituency. The written request to be made within seven days of the declaration of the results.

•    *On receiving such a written request, the EVMs shall be checked and verified by a team of engineers from the manufacturer of the EVMs.

•    Candidates should identify the EVMs to be checked by a serial number of the polling booth.

•    Candidates and their representatives can be present at the time of the verification.

•    After verification, the district electoral officer should notify the authenticity of the burnt memory.

•    Expenses for the verification process, as notified by the ECI, should be borne by the candidate making the request.
What did the Supreme Court say?

•    "If EVM is found tampered during verification, fees paid by the candidates will be refunded," the bench said.

•    "While maintaining a balanced perspective is crucial in evaluating systems or institutions, blindly distrusting any aspect of the system can breed unwarranted scepticism...," Justice Datta said.

Who filed the petitions?

NGO Association for Democratic Reforms, one of the petitioners, had sought to reverse the poll panel's 2017 decision to replace the transparent glass on VVPAT machines with an opaque glass through which a voter can see the slip only when the light is on for seven seconds.

The petitioners have also sought the court's direction to revert to the old system of ballot papers.

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