Leaders wouldn't be cowed by BJP's politics of revenge: Cong

May 16, 2017

New Delhi, May 16: The Congress today said that none of its leaders or that of the opposition would be cowed down by the politics of "revenge and vendetta" which had "become the DNA of this BJP government".

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The party accused the BJP of being blinded by revenge to target its opponents and said that it would continue to expose the saffron party before the people.

The remarks came after government agencies searched Congress leader P Chidambaram's premises and properties allegedly linked to RJD chief Lalu Prasad.

The AICC incharge of communications, Randeep Surjewala said, "The truth is that revenge has become the DNA of the BJP government."

"We want to reiterate that neither P Chidambaram, nor any Congress leader or any other leader of opposition, would be deterred or cowed down from fear of the politics of revenge and vendetta," he said.

Surjewala, instead, accused the BJP and its leaders of being corrupt as he highlighted the alleged scams involving top party leaders holding ministerial positions in this government.

"May we ask the prime minister, that if the yardstick is morality, why is he shying away from ordering an inquiry into the Sahara-Birla excel sheets in which he himself has been named repeatedly about having taken bribes," he alleged.

Surjewala also asked why Prime Minister Narendra Modi did not take action on the Rs 20,000 crore loss caused to public exchequer in Gujarat State Petroleum scam when he himself was the chief minister.

The Congress leader wondered whether the Vyapam scam in Madhya Pradesh was corruption and asked why the Modi did not take action against Chief Minister Shivraj Singh Chouhan whose name allegedly cropped up in the scam.

He claimed that Rajasthan Chief Minister Vasundhara Raje and External Affairs Minister Sushma Swaraj allegedly helped people like Lalit Modi who escaped from the country and were wanted by investigative agencies for alleged money laundering.

Surjewala asked who were the people who helped fugitives like Vijay Mallya escape the country.

He said the Congress leaders would continue to tell the country how one autocratic ruler cannot suppress the voice of dissent and those who disagree with them.

Surjewala claimed that the truth was out there for everybody to judge and the government, blinded by revenge, was registering false cases against opposition leaders.

Chidambaram earlier today said, "The government, using the CBI and other agencies, is targeting my son and his friends. The government's aim is to silence my voice and stop me from writing, as it has tried to do in the cases of leaders of opposition parties, journalists, columnists, NGOs and civil society organisations."

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News Network
March 18,2024

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New Delhi, Mar 18: The Election Commission on Monday afternoon issued orders for the removal of six Home Secretaries - including the top bureaucrats from Gujarat, Bihar, and Uttar Pradesh.

The poll panel also directed the transfer of West Bengal's Director-General of Police, the top cop of a state that has seen several instances of poll-related violence in recent years. The poll panel further said a shortlist of three potential replacements had to be prepared and submitted by 5 pm.

The re-shuffle, not an uncommon move by the Election Commission before major polls, also includes the transfer of the Jharkhand, Himachal Pradesh, and Uttarakhand Home Secretaries, as well as senior officials attached to the offices of the Mizoram and Himachal Pradesh Chief Ministers.

In addition, Iqbal Singh Chahal, who is Commissioner of the Brihanmumbai Municipal Corporation, and other officials in municipalities across Maharashtra, have been removed too.

All of this comes less than a month before the 2024 Lok Sabha poll; the ECI on Saturday said voting will begin on April 19 and run over seven phases till June 1.

This is, in fact, the first bureaucratic re-jig by the ECI since it announced polling dates.

The ECI's move comes after a meeting of Chief Election Commissioner Rajiv Kumar and his two associates, the newly-appointed Gyanesh Kumar and Sukhbir Singh Sandhu. This step comes as part of the poll panel's commitment to ensure a level playing field for all political parties in the forthcoming Lok Sabha and Assembly elections, as well as by-polls for 26 seats in 13 states.

Sources said the personnel removed were found to be holding dual charge in the offices of the respective chief ministers of each state, and this could compromise, or be seen to be compromising, required neutrality, particularly in relation to law-and-order before, during and after polling.

Bengal's ruling Trinamool has not yet reacted to the removal of DGP Rajiv Malik, who is seen by some to be close to Chief Minister Mamata Banerjee's party. In the past, the state government has questioned the last-minute re-shuffle of senior civil service and police officials so close to an election, arguing it actually hampers prep work since the new faces need time to adjust to the post.

Bengal has frequently witnessed violence during polling season; in June last year over a dozen people were killed across the state as voting for a panchayat election was underway.

The Trinamool accused the opposition of instigating violence and criticised central forces for their failure to protect voters, while the Congress claimed the state had let thugs loose on the people.

While announcing the dates on Saturday, the Chief Election Commissioner said the poll panel would take a very dim view of any violence during the election. Mr Kumar said the ECI is prepared to come down hard on any such incident. "We're putting political parties on notice," he declared.

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News Network
March 15,2024

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New Delhi, Mar 13: The Supreme Court on Friday took exception to the State Bank of India (SBI) for not disclosing complete details of Electoral Bonds, including unique alfa numeric numbers, furnished to the Election Commission for uploading on the website.

A five-judge Constitution bench led by Chief Justice of India D Y Chandrachud issued notice to the SBI seeking its response on Monday after the court was informed that the issuing bank for the Electoral Bonds has not disclosed unique alfa numeric number of each bond.

"They have not disclosed the bond numbers. It has to be disclosed by the State Bank of India. All details have to be provided by the SBI," the bench, also comprising Justices Sanjiv Khanna, B R Gavai, J B Pardiwala and Manoj Misra, noted.

Senior advocate Kapil Sibal said as per the Constitution bench judgment of February 15, 2024, all details were to be disclosed.

Solicitor General Tushar Mehta submitted since the SBI was a party to the judgment, notice may be issued to it.

The court said the counsel for SBI should have been here.

"If you see the judgment, we have specified that bond numbers have to be provided," the bench said.

Advocate Prashant Bhushan appeared for the main petitioner Association for Democratic Reforms (ADR).

On an application by the EC, the bench said the details of Electoral Bonds furnished by the poll panel before the top court should be scanned and returned to it for the purpose of uploading on the website.

The Election Commission through advocate Amit Sharma filed a plea in the Supreme Court seeking a direction to release data on electoral bonds furnished to the top court in terms of previous orders of April 12, 2019 and November 2, 2023.

As per March 11, 2024 order, the Election Commission on Thursday uploaded the data on electoral bonds furnished to it by the SBI.

However, in an application, the poll panel said it had furnished to the Supreme Court a number of sealed envelopes, containing details on EBs encashed by the political parties, during the course of hearing in the matter.

It sought a direction for the return of those sealed envelopes to comply with the directions to upload it on the website as per order of March 11.

On Monday, the Supreme Court had told the SBI to furnish details of purchasers of Electoral Bonds and names of political parties redeemed those instruments by March 12 to the Election Commission, rejecting its plea for extension of time until June 30 for the purpose.

It had then directed the Election Commission to publish the information provided by the SBI on its website on March 15.

In its February 15, 2024 judgment, the SC had declared the Electoral Bonds scheme, introduced in 2018 for donation to political parties, as "unconstitutional" for being violative of the right to information.

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News Network
March 22,2024

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New Delhi, Mar 22: The Aam Aadmi Party has made it clear that Arvind Kejriwal will remain the Delhi Chief Minister despite his arrest in the liquor policy case. While no law would stop the AAP leader from running the state from prison, the jail guidelines would make it extremely difficult.

Kejriwal was arrested yesterday by the Directorate of Enforcement (ED), following his avoidance of nine summons issued by the investigative agency in relation to the Delhi liquor policy case. 

The decision to apprehend Kejriwal transpired shortly after the High Court's denial of protection from arrest. With this development, Kejriwal becomes the second opposition Chief Minister to face arrest by the ED within a span of fewer than two months, following Jharkhand Chief Minister Hemant Soren's similar fate in January 2024 due to allegations in a graft case. Subsequently, Hemant Soren was replaced by his party colleague, Champai Soren.

Delhi government minister Atishi declared shortly after Kejriwal's arrest that he would not step down from his position. However, the legality and feasibility of a detained Chief Minister continuing to fulfill official duties warrant examination.

A former law officer of Delhi's Tihar Jail says that an inmate can only hold two meetings in a week, which would make it difficult for Mr Kejriwal to carry out his responsibilities as Chief Minister.

Can he run government from prison?

While theoretically plausible, governing from detention presents logistical challenges. However, there exists no explicit prohibition against a Chief Minister conducting official responsibilities while under arrest. Disqualification only occurs upon conviction.

The Representation of the People Act, 1951 outlines disqualification provisions for specific offenses, necessitating a conviction for those holding office.

Will centre impose president’s rule?

Constitution expert SK Sharma told TOI that there exists no specific legal provision mandating the automatic resignation of a state's Chief Minister upon arrest. He cited the example of former Bihar CM Lalu Prasad Yadav, who appointed his wife Rabri Devi as CM during his arrest. "Former Bihar CM Lalu Prasad Yadav made his wife Rabri Devi the CM of the state when he was arrested. More recently, Hemant Soren in Jharkhand also resigned. Calling cabinet meetings in the jail or review meetings with officials in his cell does not seem practical," said Sharma.

Sharma further indicated that if AAP persisted in retaining Kejriwal as CM, it could lead to a deadlock, potentially prompting the Centre to impose President's rule in Delhi.

What may happen next?

Despite AAP's unwavering stance on Kejriwal's continuation in office, internal sources say that potential successors, including Atishi and health minister Saurabh Bharadwaj. Atishi, known for her extensive portfolio and close ties to Kejriwal, alongside Bharadwaj, a prominent minister with significant responsibilities, emerged as likely contenders. Additionally, sources speculated about the surprise candidacy of Kejriwal's wife, Sunita, given her background as a revenue services officer and active involvement in party affairs.

However, finding a successor of comparable stature to Kejriwal, a national convener of the party and three-time Delhi CM, presents a formidable challenge for AAP.

Role of Delhi's Lieutenant Governor

Delhi's unique power structure, featuring an elected Chief Minister and a Lieutenant Governor appointed by the Centre, presents a complex scenario. Kejriwal's ability to continue as CM hinges on legal relief, failing which the Lieutenant Governor can seek Presidential intervention, potentially leading to the imposition of President's rule.

Recent cases demonstrate how denial of bail can compel resignation, highlighting the precarious position of arrested officials.

In light of these developments, the Lieutenant Governor could invoke 'failure of constitutional machinery' to justify President's rule, thereby bringing the national capital under direct Union government control until the end of the current Assembly's tenure in February 2025.

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