HC quashes FIR against V S Achuthanandan in land allotment case

December 6, 2012

V_S_Achuthanandan

Kochi, December 6: In a relief to former Chief Minister and veteran CPI(M) leader V S Achuthanandan, the Kerala High Court today quashed the FIR against him in a land allotment issue, holding that framing a case against him on "false and frivolous" charges was unworthy of any merit.

The court said some features presented in the case were "too disturbing", that in fact "gives enough room to generate" suspicion that the machinery of vigilance is misused and abused to silence political opponents."

Justice S S Sateeshchandran, in his 64 page order, quashed the FIR against Achuthanandan, the first accused in the case, and all further proceedings against him.

The case pertains to alleged violation of norms while allotting 2.33 acres of land to T K Soman, an ex-serviceman and Achuthanandan's close relative, in Kasaragod district when he was Chief Minister heading the LDF ministry during 2006-11.

Apart from the 88-year-old leader, his personal assistant Suresh and former Revenue Minister K P Rajendran (CPI) and a couple of officials have been listed as accused in the FIR filed in a court in Kozhikode after a vigilance probe found prima facie evidence.

Achuthanandan had filed a petition, seeking quashing of the FIR.

Reacting to the verdict, Achuthanandnan said in Thiruvananthapuram that it was a 'mortal blow' to Congress-led UDF Government and its attempts to frame him in a corruption case.

Chief Minister Oommen Chandy said government would go ahead with legal proceedings in the case and denied it had interfered in the case with political intentions.

Victory of "truth and justice" Achuthanandan

Terming the Kerala High Court order quashing the FIR against him in a land-gift case as 'a victory of truth and justice,' former Chief Minister and CPI(M) veteran V S Achuthnandnan today said it was a 'mortal blow' to the Congress-led UDF government to frame him in a corruption case.

Reacting to the politically significant case, Chief Minister Oommen Chandy said his government would go ahead with legal proceedings in the case and denied having interfered in the case with political intentions.

Significantly, the order came when the government was moving ahead with plans to file a charge sheet in the case and seek the Governor's assent to prosecute Achuthanandan.

Welcoming the order, Achuthanandan also had a veiled dig at his CPI(M) detractors, saying the case was a conspiracy by Chandy and Muslim League leader and Industries Minister P K Kunhalikutty to remove him as Leader of the Opposition in the Assembly and install someone else in that position.

Talking to reporters here, the 88-year-old leader said details of the conspiracy would soon surface, adding, "you (media) can also perform your role in unearthing the entire conspiracy."

Rejecting Achuthanandan's charge, Chandy said the government had at no stage intervened in the case with political intentions and had always taken the stand that the law would take its own course.

On Achuthanandan's charge that there was a conspiracy to remove him as opposition leader, Chandy said "it is not the Congress that decides who should be leader of LDF opposition."

Meanwhile, CPI state secretary Panniyan Raveendram asked the government to resign in view of the order and said the decision vindicated the LDF stand that the case was politically motivated and a move to tarnish Achuthanandan's image as a crusader against corruption.


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News Network
May 6,2024

india.jpg

The stage is all set for the third phase of voting for the Lok Sabha election, which will take place on Tuesday, May 7. The polling will take place across 94 Lok Sabha constituencies covering ten states and two union territories.

Jammu and Kashmir's Anantnag-Rajouri Lok Sabha seats were also to vote in the third phase of polling. However, due to several connectivity issues, the Election Commission of India rescheduled it to May 25.

The voting in the third phase of the Lok Sabha election will begin at 7 am on Tuesday and conclude at 5 pm. The results will be declared on June 4.

Lok Sabha election Phase 3: List of states and constituencies:

Karnataka Chikkodi, Belgaum, Bagalkot, Bijapur, Gulbarga, Raichur, Bidar, Koppal, Bellary, Haveri, Dharwad, Uttara Kannada, Davangere, Shimoga 
Assam Dhubri, Kokrajhar, Barpeta, Gauhati
Chhattisgarh Sarguja, Raigarh, Janjgir-Champa, Korba, Bilaspur, Durg, Raipur
Bihar Jhanjharpur, Supaul, Araria, Madhepura, Khagaria
West Bengal  Maldaha Uttar, Maldaha Dakshin, Jangipur, Murshidabad
Goa North Goa, South Goa
Gujarat  Kachchh, Banaskantha, Patan, Mahesana, Sabarkantha, Gandhinagar, Ahmedabad East, Ahmedabad West, Surendranagar, Rajkot, Porbandar, Jamnagar, Junagadh, Amreli, Bhavnagar, Anand, Kheda, Panchmahal, Dahod, Vadodara, Chhota Udaipur, Bharuch, Bardoli, Surat, Navsari, Valsad    
Uttar Pradesh Sambhal, Hathras, Agra (SC), Fatehpur Sikri, Firozabad, Mainpuri, Etah, Budaun, Aonla, Bareilly
Madhya Pradesh Bhind, Bhopal, Guna, Gwalior, Morena, Rajgarh, Sagar, Vidisha, Betul
Maharashtra  Baramati, Raigad, Osmanabad, Latur (SC), Solapur (SC), Madha, Sangli, Satara, Ratnagiri-Sindhudurg, Kolhapur, Hatkanangle
Dadra and Nagar Haveli Dadra and Nagar Haveli
Daman and Diu Daman and Diu

Over 1,300 candidates, including 120 women, are in the fray in the third phase of the Lok Sabha election. Some of the key candidates include bigwigs such as union ministers Amit Shah, Jyotiraditya Scindia, Mansukh Mandaviya, Parshottam Rupala, Pralhad Joshi, and SP Singh Baghel. Former Madhya Pradesh chief ministers Shivraj Singh Chouhan and Digvijaya Singh are also contesting the election in Madhya Pradesh. At the same time, the fate of former Karnataka chief minister Basavaraj Bommai will also be decided in the third phase. Meanwhile, several members of Mulayam Singh Yadav's family are also contesting in this phase in Uttar Pradesh.

List of key candidates and their constituencies

Amit Shah (BJP) - Gandhi Nagar, Gujarat

Digvijaya Singh (Congress) - Rajgarh, Madhya Pradesh

Shivraj Singh Chouhan (BJP) - Vidisha, Madhya Pradesh

Dimple Yadav (SP) - Mainpuri, Uttar Pradesh

Supriya Sule (NCP) - Baramati, Maharashtra

Purshottam Rupala (BJP) - Rajkot, Gujarat

Jyotiraditya Scindia (BJP) - Guna, Madhya Pradesh

Pralhad Joshi (BJP) - Dharwad, Karnataka

KS Eshwarappa (BJP) - Shimoga, Karnataka

Praniti Shinde (Congress) - Solapur, Maharashtra

Hasmukbhai Patel (BJP) - Ahmedabad East, Gujarat

Pallavi Dempo (BJP) - South Goa, Goa

Adhir Ranjan Chowdhury (Congress) - Berhampore, West Bengal

The Lok Sabha elections are being held in seven phases - with the first phases concluded on April 19 and April 26. The third phase will be held on May 7; the fourth phase will be held on May 13; the fifth phase will be on May 20; the sixth phase will be on May 25; and the seventh phase on June 1.

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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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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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