Jayalalithaa's decision to free Rajiv assassins perverse, populist: Cong

February 19, 2014

New Delhi, Feb 19: Tamil Nadu Chief Minister J Jayalalithaa's decision for early release of Rajiv Gandhi's killers invited a sharp reaction from Congress, which termed it as "irresponsible, perverse and populist".

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Slamming AIADMK government's decision, AICC spokesperson Abhishek Singhvi said, "Any perverse decision is also liable for judicial scrutiny" but remained evasive when asked whether Congress will ask Centre to approach court in this matter.

He insisted that there is a fundamental difference between commutation of a sentence and release or remission. The party has already made it clear that it has no issue with the Supreme Court order commuting the death sentence of Rajiv killers to life imprisonment.

"Every state has powers of remission but these are the powers, which are to be exercised by Constitutional functionaries" in the light of rules and regulations and the spirit of any judicial order.

"The nation cannot forget that it lost not only its Prime Minister but also 17 other Indian citizens including Tamils to terrorism. We condemn unequivocally such irresponsible statements and decisions by such Constitutional functionaries.

"... Such decisions announced in such casual fashion and cavalier manner need to be condemned irrespective of regional, populist and other considerations. This decision fails to take into account the scourge of terrorism and the spirit of Constitution," Singhvi said replying to questions.

Maintaining that the Supreme Court has not talked about release and remissions in its order, Singhvi said it simply followed an old order commuting death sentence of the accused to life imprisonment.

Tamil Nadu government today decided to set free within three days all the seven convicts in the Rajiv Gandhi assassination case after the Supreme Court commuted the death penalty of three assassins Santhan, Murugan, the husband of Nalini, and Perarivalan yesterday sparing them from gallows.

Criticising the decision, Singhvi said Jayalalithaa should remember that it was a constitutional head of the government once who was assassinated in this case.

He at the same time skirted queries as to what decision the Centre would take into the issue.

The Congress spokesperson stressed that what he was saying is the party view while people are entitled to have their personal views.

"The party's stand is clear before you, the nation, the government and Tamil Nadu... when the party through me, an official spokesperson says something from the official podium, it stands with it. Individual stands are individual personal opinions. They are not the party's stand," he said.

Union minister Rajeev Shukla said that the decision taken by the Tamil Nadu government is "highly deplorable" and wondered why there was so much hurry in it.

"The issue involved a Prime Minister and therefore the Tamil Nadu government should have thought twice over the matter," he said.

Jayalalithaa, who took the decision for early release of the Rajiv killers at an emergency Cabinet meeting convened this morning over the issue, made a suo motu announcement in the state assembly.

She said in compliance with the Sec 435 of Cr. Pc., the state would send the Cabinet decision to the Centre seeking its nod for the release as the CBI filed the case against the convicts.

"If there is no reply within three days from the Centre, the state government will release all the seven under CrPc section 432 in accordance with the powers vested with it," she declared.

Majority of political parties in the state had demanded immediate release of convicts in the backdrop of Supreme Court observation that the state can consider their release.

DMK chief M Karunanidhi also lauded his arch political rival Jayalalithaa for her decision.

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News Network
April 29,2024

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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 25,2024

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Electronics Corporation of India Ltd and Bharat Electronics Ltd have refused to disclose the names and contact details of the manufacturers and suppliers of various components of EVMs and VVPATs under the RTI Act citing "commercial confidence", according to RTI responses from the PSUs to an activist.

Activist Venkatesh Nayak had filed two identical Right To Information applications with the ECIL and BEL, seeking the details of the manufacturers and suppliers of various components used in the assembling of the electronic voting machines (EVMs) and voter-verifiable paper audit trail (VVPATs).

The VVPAT is an independent vote verification system which enables electors to see whether their votes have been cast correctly.

The ECIL and the BEL, public sector undertakings under the Ministry of Defence, manufacture EVMs and VVPATs for the Election Commission.

Nayak also sought a copy of the purchase orders for the components from both PSUs.

"Information sought is in commercial confidence. Hence details cannot be provided under Section 8(1)(d) of the RTI Act," BEL said in its response.

A similar response was sent by ECIL which said the details requested are related to a product which is being manufactured by ECIL, and third party in nature.

"Disclosing of details will affect the Competitive position of ECIL. Hence, Exemption is claimed under section 8(1) (d) of RTI ACT, 2005," it said.

In response to the purchase order copies, ECIL's central public information officer said the information is "voluminous" which would disproportionately divert the resources of the Public Authority.

"Further, the information will give away the design details of EVM components. The same may pose a danger to the machines produced. Hence, the exemption is claimed U/s 7(9) and under section 8(1)(d) of RTI Act, 2005," ECIL said.

Section 8(1)(d) of the RTI Act exempts from disclosure the information, including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information.

Section 7(9) of the Act says the information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.

"I don't know whose interests they are trying to protect against the right to know of close to a billion-strong electorate. ECIL said that disclosure of the purchase orders will reveal the design details of the components and this may pose a danger to the machines produced. ECIL did not upload even a signed copy of its reply on the RTI Online Portal," Nayak said.

He said it is reasonable to infer that the two companies are not manufacturing every single item of the EVM-VVPAT combo or else the two companies would have replied that they are manufacturing all these components internally without any outsourcing being involved.

"But the electorate is expected to take everything about the voting machines based on what the ECI is claiming in its manuals and FAQs," Nayak said.

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News Network
April 20,2024

Union Finance Minister Nirmala Sitharaman, on Friday, said that the Bharatiya Janata Party (BJP) plans to reintroduce electoral bonds in some capacity following extensive consultations with all stakeholders, should it come back to power in the 2024 general elections, according to a report in the Hindustan Times (HT).

HT cited Nirmala Sitharam as saying, “We still have to do a lot of consultation with stakeholders and see what is it that we have to do to make or bring in a framework which will be acceptable to all, primarily retain the level of transparency and completely remove the possibility of black money entering into this.”

However, the Centre has not yet decided whether to seek a review of the ruling made by the Supreme Court (SC), she said.

She further added, “What the scheme, which has been just thrown out by the Supreme Court, brought in was transparency. What prevailed earlier was just free-for-all.”

Launched in 2018, electoral bonds were accessible for acquisition at any State Bank of India (SBI) branch. Contributions made through this programme by corporations and even foreign entities via Indian subsidiaries received full tax exemption, while the identities of the donors remained confidential, safeguarded by both the bank and the recipient political parties.

On February 15, a five-judge Constitution Bench struck down the scheme, deeming it ‘unconstitutional’ due to its complete anonymisation of contributions to political parties. Additionally, the Bench stated that the articulated objectives of curbing black money or illegal election financing did not warrant disproportionately infringing upon voters’ right to information.

FM Sitharaman said, some aspects of the scheme need improvement and they will be brought back following consultations.

She also lashed out at the Opposition’s claims that the BJP disregarded criminal charges against leaders who switched from other parties to join the ruling party.

The HT quoted her as saying, “The BJP can’t sit here and say, you come to my party today, and the case will be closed tomorrow. The case has to go through the courts that have to take a call; they will not just say, “Oh, he’s come to your party, close the case.” Doesn’t happen that way. So is this washing machine a term they want to use for the courts?”

She further said that the Union government plans to simplify the process of taxation and make it easy for investments to come through into the country.

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