CBI vs CBI: CVC files preliminary probe report in sealed cover in SC

Agencies
November 12, 2018

New Delhi, Nov 12: The Central Vigilance Commission (CVC) Monday filed its preliminary probe report relating to CBI Director Alok Kumar Verma in a sealed cover in the Supreme Court.

A bench comprising Chief Justice Ranjan Gogoi and Justice S K Kaul took the report on record and fixed the matter for next hearing on November 16. 

During the hearing, interim CBI Director M Nageswar Rao also filed report on decisions taken by him since October 23 to 26, when the apex court had ordered for the probe. 

Solicitor General (SG) Tushar Mehta, appearing for the CVC, told the court that former apex court judge A K Patnaik supervised the CVC inquiry which was completed on November 10.

The CJI observed that the Registry was open on Sunday also but no intimation was given to the Registrar regarding filing of the report. 

Later the SG tendered an apology and said though he was not explaining the circumstances there was delay on their part in submitting the report. 

On October 26, the top court had appointed Justice Patnaik to supervise the ongoing inquiry of CVC against Verma.

The apex court had also issued notices to the Centre and the CVC seeking their replies on Verma's petition challenging the government's decision to divest him of his powers as CBI chief and sending him on leave.

Verma's deputy Rakesh Asthana, Special Director CBI, was also sent on leave by the Centre.

The court on October 26 had also set a deadline of two weeks for the CVC to complete the preliminary inquiry against the CBI director.

It had also barred Rao, who has been given interim charge of the CBI, from taking any major decision.

It had said that a list of all the decisions taken by Rao since October 23 including decisions with regard to transfer of investigations, change of investigating officer(s) etc will be furnished to the court in a sealed cover on or before November 12, 2018 whereafter orders as would be appropriate will be passed by the court." 

Mehta had said that the CVC has been conducting an inquiry into the allegations made in the August 24 note/letter of the Cabinet Secretary with regard to Verma.

Besides the plea filed by Verma, the court is also seized of the PIL filed by NGO Common Cause, which has sought a probe by special investigation team against CBI officers including Asthana, and had issued notices to the Centre, CBI, CVC, Asthana, Verma and Rao asking them to respond to it by November 12.

Asthana has also moved the Supreme Court with a separate petition in the matter and has sought removal of Verma from the post of CBI Director. 

Later, on November 4, Congress leader Mallikarjun Kharge had moved the top court contending that divesting Verma of his statutory powers and functions is "completely illegal and arbitrary".

In an interlocutory application filed in the pending petition, Kharge, who is also a member of the three-member selection committee which appoints the CBI director, said, "As a concerned stakeholder he brings to the attention of the court the brazen and illegal actions" of the political executive in interfering with the independent functioning of the CBI director.

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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 25,2024

EVM.jpg

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 26,2024

Palakkad: Three voters from Palakkad, Malappuram and Alappuzha, and a polling agent in Kozhikode died in seperate incidents in Kerala on Friday.

A man collapsed and died after casting his vote at Vani Vilasini in Chunangad, Ottapalam here on Friday. The deceased Chandran (68) hailed from Modernkattil  in Chunangad. Though rushed to the Ottapalam taluk hopsital, he was declared dead on arrival. Palakkad had recorded a high temperature of 40 degree Celsius on Thursday.

A Madrassa teacher, who came home after voting, collapsed and died. The deceased Alikkannakkal Tharakkal Siddhique (63) was the first voter at the polling station in Vallikkanjiram School at Niramaruthur Grama Panchayat in Tirur.

Kakkazham Veiliparambu Somarajan (82), who voted and returned home from the Kakkazham SN VT High School in Alappuzha also collapsed and died. He was a voter from booth 138.

In another instance, a polling agent died after collapsing at a booth in Kuttichira, Kozhikode on Friday. Maliyekkal Anees (66), a retired KSEB engineer from Haluwa Bazaar, was LDF's polling agent at the 16th booth in Kuttichira Government Vocational Higher Secondary School. He collapsed while doing his duty in the polling booth by 8.30 am. Though rushed to the Government General Hospital, he died by 9.15am. He is survived by wife Adakkani Veettil Zereena, childrens  Fayis Ahammed, Fadhil Ahammed, Akhil Ahammed and Bilal Ahammed.

A man also died in bike accident en route to polling booth in Malappuram on Friday. The deceased is Saidu Haji (75) of Neduvan. The bike rammed a lorry near BM School in Parappanangadi.

Polling began at 7am in all 20 Lok Sabha constituencies in Kerala on Friday. 

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