Chidambaram's legal team writes to CBI, asks not to take any coercive action till SC hearing

Agencies
August 21, 2019

New Delhi, Aug 21: The legal team of P Chidambaram has asked the CBI not to take any coercive action against the former Union finance minister as his petition is to be heard in the Supreme Court Wednesday morning.

Hours after the Delhi High Court refused to grant any protection from arrest to Chidambaram in the INX media case, the CBI issued a notice to him on Tuesday, asking him to appear before the investigation officer within two hours, after failing to find him at his residence.

In response, the legal team of Chidambaram said the notice did not mention the specific provision of law under which he was summoned and asked not to take any coercive action against him till his petition comes for hearing in the Supreme Court Wednesday morning.

Arshdeep Khurana, lawyer of Chidambaram, stated that his client has come to know "through reports" that he has been asked to be present before the investigation officer in the INX media case.

"I am instructed to state that your notice fails to mention the provision of law under which my client has been issued a notice at midnight calling upon him to appear at a short notice of 2 (two) hours. Furthermore, kindly note that my client is exercising the rights available to him in law and had approached the hon'ble Supreme Court on 20.08.2019 seeking urgent reliefs in respect of the order dated 20.08.2019 dismissing his anticipatory bail application no. 1316/2018 in the captioned FIR," Khurana responded.

It further stated, "On moving the Hon'ble Supreme Court at 04:30 PM on 20.08.2019, he has been permitted by the Hon'ble Supreme Court to mention the urgent Special Leave Petition against the above said order before the Hon'ble Supreme Court at 10.30 AM on 21.08.2019.

"I therefore request you to not take any coercive action against my client till then and await the above mentioned hearing at 10:30 AM on 21.08.2019"

A team of CBI officers had landed at the Chidambaram's posh Jor Bagh residence to locate him, officials said.

The CBI team left the premises after confirming that he was not present at the address, they said.

The team, which had some superintendent of police-rank officials, did not make clear if they had gone to his residence to arrest him for alleged irregularities in foreign investment clearance to INX media during his tenure as the Union finance minister.

A team of officials returned to Chidambaram's residence 115-A Jor Bagh and pasted a notice asking him to appear before R Parthasarthy, CBI Dy SP, probing the case.

Such summons are normally issued under Section 161 of the CrPC.

However, the notice pasted at his residence did not mention the specific provision.

Chidambaram is likely to seek protection from the arrest from the Supreme Court.

The Delhi High Court had on Tuesday refused to grant any protection to Chidambaram from arrest by the CBI and the Enforcement Directorate.

He had failed to get an audience from Chief Justice Ranjan Gogoi on Tuesday for urgent hearing of his appeal in the Supreme Court against the Delhi High Court order dismissing his anticipatory bail plea.

A team of lawyers led by senior advocate and Chidambaram's party colleague Kapil Sibal was told by the registrar (judicial) to mention the petition Wednesday morning in the apex court.

The CBI had registered an FIR on May 15, 2017, alleging irregularities in the Foreign Investment Promotion Board (FIPB) clearance granted to the media group for receiving overseas funds of Rs 305 crore in 2007 during Chidambaram's tenure as the finance minister.

Thereafter, the ED lodged a money laundering case in this regard in 2018.

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News Network
April 26,2024

evm.jpg

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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News Network
April 29,2024

indore.jpg

In yet another setback to the Congress party amid the ongoing Lok Sabha elections, its candidate from Indore Akshay Kanti Bam withdrew his nomination on Monday, April 29, days before voting.

Interestingly, he had reached the Collector's office with BJP MLA Ramesh Mendola to withdraw his nomination. He also reportedly joined BJP. 

Senior BJP leader and state cabinet minister Kailash Vijayvargiya in a post on X said Bam was welcome to join the BJP.

"Congress Lok Sabha candidate from Indore Akshay Kanti Bam is welcome in the BJP under the leadership of Prime Minister Narendra Modi, party national president J P Nadda, Chief Minister Mohan Yadav and state president VD Sharma," he said in the post.

The Congress had fielded Bam against sitting BJP MP Shankar Lalwani from the Indore Lok Sabha seat, where polling will be held on May 13.

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News Network
April 30,2024

Gazarubble.jpg

Gaza civil defense agency has warned of a looming health disaster in the besieged Strip as the decomposition of dead bodies under the rubble of buildings destroyed by the relentless Israeli bombings accelerates.

The agency pointed on Tuesday to the risk of diseases and epidemics associated with the public decomposition of thousands of bodies due to rising temperature.

“The continued accumulation of thousands of bodies under the rubble has begun to cause the spread of disease and epidemics, especially with the onset of summer and the rise in temperatures, which accelerates the process of decomposition,” it said in a statement.

Seven months into the war, the Geneva-based Euro-Mediterranean Human Rights Monitor warned earlier that the decomposition of dead bodies for long periods leads to the transmission of serious diseases, including blood-borne viruses and tuberculosis.

"Gastrointestinal infections like cholera can also be easily spread through direct contact with dead bodies leaking excrement, soiled clothing, or contaminated tools or vehicles," it added.

In another report last week, Euro-Med Monitor also warned that thousands of corpses left in the streets or beneath house debris are rotting and being consumed by cats and dogs, which is an additional factor contributing to the spread of infectious diseases.

"The spread threatens the environment and public health in the Strip, and health authorities in the Strip have detected about one million cases of infectious diseases," the report added.

The Global Nutrition Group also estimates that at least 90 percent of the Gaza Strip’s children under the age of five are affected by one or more infectious diseases and that 70 percent have had diarrhea in the past two weeks—a 23-fold increase compared with the 2022 baseline.

Unexpected blistering temperatures across Gaza have also added to the daily misery faced by the enclave’s people and sparked new fears of disease outbreaks amid a lack of sufficient clean water and waste disposal, the UN Relief and Works Agency for Palestine Refugees in the Near East, also known as UNRWA said on Thursday.

This comes as the death toll from Israel's genocidal campaign against Gaza rose to 34,535. Among the dead are more than 14,500 children and 9,500 women.

Since the war began on October 7, nearly 85 percent of Gaza's 2.3 million people have been displaced.

Vast swathes of the besieged territory are in ruins as Israel continues its onslaught, dropping at least 75,000 tons of explosives on Gaza, according to the Gaza Media Office.

Earlier this month, UNRWA, said 62 percent of all houses in the besieged territory have been damaged or destroyed.

Gaza Media Office recently reported that nearly 90,000 housing units have been destroyed while nearly 300,000 units have been damaged by the Israeli air and ground offensive.

The United Nations Office for the Coordination of Humanitarian Affairs (OCHA) reported on Monday that nearly 37.5 million tons of conflict-generated debris are estimated to be present throughout Gaza, based on assessments by UN bodies.

The world’s hunger watchdog, known as the Integrated Food-Security Phase Classification (IPC), said in a report published on March 18 that about 1.1 million Palestinians in Gaza are living through catastrophic food insecurity, warning that famine is likely to strike by May in northern Gaza and can spread across the territory by July.

Francesca Albanese, the UN special rapporteur on the occupied Palestinian territory, said in a report published in late March that there were clear indications that Israel has violated three of the five acts listed under the UN Genocide Convention.

These acts Albanese said were “killing members of the group; causing serious bodily or mental harm to the group’s members; and deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part.”

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