Modi govt using sedition law to curb free speech: Former SC judge

Agencies
September 14, 2020

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New Delhi, Sept 14: The government is using the sedition law with an iron hand to curb free speech in an overreaction to people's opinion, former Supreme Court judge Justice M B Lokur said on Monday.

Another method by which the state is curbing free speech is to crack down on critical opinions by charging them of spreading fake news, Justice (retried) Lokur said at a webinar on 'Freedom of Speech and Judiciary'.

He cited examples of journalists reporting about coronavirus cases and related issue such as lack of ventilators, being charged with fake news provisions.

"State is using sedition as an iron hand to curb free speech. Suddenly you have a lot of cases charging people with sedition. A common citizen who say something is charged with sedition. Already 70 cases of sedition have been seen this year," Justice Lokur said.

Speaking on the contempt of court issue related to lawyer Prashant Bhushan, the former apex court judge said his statements were misread.

He also gave an example of doctor Kafeel Khan and said his speech was also misread to charge him with the National Security Act over his statements against the Citizenship Amendment Act.

Veteran journalist N Ram said the punishment in the Prashant Bhushan case is "incongruous" and there is no "real substantiation" for the apex court's findings.

"I have great respect for the judiciary. It is the judiciary which read freedom of the press into the Constitution," Ram said at the webinar organised by Campaign for Judicial Accountability and Reforms (CJAR) and Swaraj Abhiyan

There will be more and more scrutiny of the judiciary in the coming days, he said, adding that harsher things are said in print and media than the tweets of Bhushan.

Social activist Aruna Roy said the empowerment which people got because of Bhushan's positions is enormous and the case has stimulated people.

"This intent to spread fear will not work. We are empowered by the Constitution," she said.

Meanwhile, Bhushan deposited the token fine of Re 1 imposed by the Supreme Court in the contempt case over two of his tweets in the in the apex court's Registry.

Talking to media before submitting the fine, Bhushan said that he has received contributions from several corners of the country for paying the fine, and a "truth fund" will be created out of such contributions to provide legal aid to those who are prosecuted for dissenting opinions.

"The State is using all means to silence voices of dissent. The 'truth fund' will be used to protect the personal liberty to those persons who face the State's persecution", he said.

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News Network
March 29,2024

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The Income Tax department has issued a notice of approximately Rs 1,800 crore to the Congress party, exacerbating its financial concerns ahead of the crucial 2024 Lok Sabha elections, multiple reports revealed on Friday.

The development comes after the Delhi High Court rejected the party's plea challenging reassessment proceedings for four assessment years.

The new demand pertains to assessment years 2017-18 to 2020-21 and includes penalties and interest. The Congress party now awaits reassessment for three other assessment years, expected to conclude by Sunday, the stipulated deadline, said a report.

Congress lawyer and RS MP Vivek Tankha alleged that the fresh notice of nearly Rs 1,800 crore was served on the party on Thursday without key accompanying documents.

"We received the demand notice without assessment orders. The govt appeared keener to serve us with demand rather than issue us reasons for reassessment," a news paper quoted Tankha as saying. He further added, "this is how the main opposition party is being strangled financially, and that too during the Lok Sabha elections".

Delhi HC rejects plea

The Delhi High Court, on Thursday, dismissed petitions filed by the Congress challenging the initiation of tax reassessment proceedings spanning four years by tax authorities. Justices Yashwant Varma and Purushaindra Kumar Kaurav, comprising the bench, stated that the pleas were rejected in line with their earlier decision to abstain from intervening in the reopening of reassessment for an additional year.

The subject matter of the case pertained to assessment years from 2017 to 2021.

In a previous petition dismissed the week before, the Congress party had contested the initiation of reassessment proceedings concerning assessment years 2014-15 to 2016-17.

The High Court dismissed the plea, citing that the tax authority had prima facie gathered "substantial and concrete" evidence warranting further scrutiny. The tax department alleged that approximately Rs 520 crore had evaded assessment during these three years.

Additionally, the department revealed that searches conducted on entities, including some purportedly linked to Karnataka deputy chief minister D K Shivakumar and a company in Surat, had uncovered cash transactions involving Congress. These transactions were cited as violations, disqualifying the party from tax exemption available to political parties.

In the absence of exemption, parties are treated as "association of persons" and are obligated to pay taxes on their reported income. Moreover, the cash transactions are included in their total income.

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News Network
March 25,2024

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Congress leader Rahul Gandhi will face Kerala BJP chief K Surendran in the high-profile Wayanand constituency this Lok Sabha election.

Wayanad, a Congress stronghold, has been with the party since 2009. Mr Gandhi won it in 2019 and retained his Lok Sabha membership, having lost his Amethi seat to Union Minister Smriti Irani.

His rival this time, Mr Surendran, has the significant task of challenging the Congress-Left binary in Kerala's political landscape. Both the Congress and the Left are in a national alliance though they remain rivals in this southern state.

Surendran has contested all three Lok Sabha elections since 2009 and also four Assembly elections. In 2021, he contested from Konni and Manjeshwar seats simultaneously. 

In 2019 general elections, Mr Surendran finished third in Pathanamthitta constituency behind the Congress and the Left. He had lost the 2016 assembly polls from Manjeswaram by merely 89 votes. He also contested a bypoll in 2019, but lost it as well.

He was appointed to head the BJP Kerala unit in 2020 and became the face of the protests against the entry of young women into Sabarimala years ago.

Mr Surendran, who is from Kozhikode, figured in the BJP's fifth candidates' list, which also named actor Kangana Ranaut and former Calcutta High Court judge Abhijit Gangopadhyay.

Wayanad is the second Kerala seat to see a battle of titans after Thiruvananthapuram, where Union Minister Rajeev Chandrasekhar will face the three-time Congress MP Shashi Tharoor.

The BJP has also fielded former vice-chancellor of Sree Sankara Sanskrit University K S Radhakrishnan from Ernakulam and actor-turned-politician G Krishnakumar from Kollam. T N Sarasu, a former educator, will contest from Alathur in Palakkad.

The highlight of the BJP's fifth list was the electoral debut of actor Kangana Ranaut from Mandi in her homestate Himachal Pradesh. The list, which named 111 candidates in 17 states, also featured new joinees like industrialist Naveen Jindal and Mr Gangopadhyay.

Mr Gangopadhyay, who joined the BJP recently after taking voluntary retirement, is the first former judge to join electoral politics. He has been fielded from Tamluk in Bengal and will face Trinamool's Debangshu Bhattacharya, a youth leader who had penned the party's "Khela Hobe" song.

Varun Gandhi, a sitting MP from Pilibhit, has been dropped and his seat has gone to Jitin Prasada, who switched to the BJP from the Congress in run-up to the election. His mother Maneka Gandhi has been fielded from her current seat, Sultanpur.

Actor Arun Govil, who played Ram in popular TV series Ramayan, will contest from Meerut. Union ministers Ashwini Kumar Choubey and General VK Singh too were part of the list.

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News Network
March 21,2024

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New Delhi, Mar 21: Election Commission (EC) on Thursday directed the Ministry of Electronics and Information Technology of Narendra Modi-led government to put an end to bulk WhatsApp messages labelled 'Viksit Bharat Sampark.' It has also sought a compliance report immediately from the ministry.

EC had received several complaints that such messages are still being delivered on citizens’ phones despite the announcement of Lok Sabha elections and the model code of conduct (MCC) entering into force.

In response, the govt informed the commission that although the letters were sent out before MCC came into force, some of them could have possibly been delivered to recipients with a delay because of systemic and network limitations.

In the past few days, several WhatsApp users have received messages from 'Viksit Bharat Sampark' seeking feedback and suggestions from the public. 

The message comes with a PDF that has a letter from Prime Minister Narendra Modi mentioning government schemes like Pradhan Mantri Awas Yojana, Ayushman Bharat, Matru Vandana Yojana, etc, and seeking suggestions from the citizens over government initiatives and schemes.

The letter which addresses users as 'my dear family members' had sparked political controversy. Congress has called the PDF file attached with the message a ‘political propaganda’.

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