Respond within 7 days on encephalitis deaths: SC to Centre, Bihar, UP govts

Agencies
June 24, 2019

New Delhi, Jun 24: The Supreme Court on Monday sought a response within seven days from the Centre and the Bihar government on the issue of the deaths of more than 100 children in Muzaffarpur due to the outbreak of acute encephalitis syndrome (AES).

A bench of Justices Sanjiv Khanna and B R Gavai also asked the Uttar Pradesh government to file a response on the deaths from the disease in the state. The bench directed the Bihar government to file an affidavit on the adequacy of medical facilities, nutrition and sanitation and the hygiene conditions in the state.

During the hearing, one of the lawyers informed the court that similar deaths had occurred earlier in Uttar Pradesh. The court took note of it and directed the state government to file its response as well. The matter has been posted for hearing after 10 days. The petition was filed by an advocate, Manohar Pratap, who said he was deeply pained and saddened by the deaths of more than 126 children, mostly in the age group of one to 10 years, in the past weeks. The figures were rising day by day, the petition stated.

"The deaths of children are a direct result of negligence and inaction on the part of the respective state governments of Bihar, Uttar Pradesh and Union of India in handling the epidemical situation which arises every year due to outbreak of AES also called Japanese encephalitis," the plea said. It claimed thousands of young children were losing their lives yearly from the disease but the governments (states and Centre) had done nothing to prevent its spread.

"This year i.e in 2019, the epicentre of the said disease is Muzaffarpur in Bihar where more than 126 children have lost their lives in past one week. Media reports shows that there is acute shortage of doctors, medical facilities, intensive care units and other medical equipments in the hospitals in nearby areas and children are dying in hospitals due to lack of required facilities," the petition said.

The petitioner also sought directions for all possible steps to stop the disease outbreak in the earlier epicentre, Gorakhpur in Uttar Pradesh, and to create awareness about preventive steps and first-aid. He has asked for a compensation of Rs 10 lakh to members of the family of the deceased who have died due to negligence of the state machinery.

The petitioner sought a direction to the Centre for constituting a board of medical experts and immediately sending it to Muzaffarpur. He asked the apex court to direct the Centre and the Bihar government for immediately arranging 500 stationary and 100 mobile intensive care units with required medical professionals to deal with the patients from the remote areas and the emergency situation which occurred due to the AES outbreak.

Symptoms of AES include high fever, convulsions and extremely low blood sugar levels. Among the factors said to trigger the syndrome are malnutrition. There were more than 44,000 cases and nearly 6,000 deaths from encephalitis in India between 2008 and 2014, said a 2017 study published in The Indian Journal of Medical Research (IJMR).

Researchers said the patients often report acute onset of fever and altered consciousness, with a rapidly deteriorating clinical course, leading to death within hours. Litchis grown in Muzaffarpur, the country's largest litchi cultivation region, are said to contain a toxin which can cause a drop in blood sugar levels if consumed by a malnourished child.

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News Network
March 27,2024

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The Enforcement Directorate has filed a money laundering case against Kerala Chief Minister Pinarayi Vijayan's daughter Veena Vijayan, her IT company and some others to probe a case of alleged illegal payments made by a private mineral firm to her and the company, official sources said Wednesday.

The agency has registered a case under the Prevention of Money Laundering Act (PMLA) and is expected to summon the people involved, the sources said.

The ED case has been booked after taking cognisance of a complaint filed by the Serious Fraud Investigation Office (SFIO), an investigative arm of the Union corporate affairs ministry, they said.

The case stems from an Income Tax Department investigation that alleged that a private company called Cochin Minerals And Rutile Ltd (CMRL), made an illegal payment of Rs 1.72 crore to Veena's company-- Exalogic Solutions-- during 2018 to 2019, even though the IT firm had not provided any service to the company.

The Karnataka High Court had last month dismissed a plea filed by Exalogic Solutions against the probe initiated by the SFIO.

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News Network
March 19,2024

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New Delhi, Mar 19: The Supreme Court today came down heavily on Patanjali Ayurved for failing to respond to a contempt notice for issuing misleading advertisements and ordered yoga guru Ramdev to appear before it.

A bench of Justices Hima Kohli and Ahsanuddin Amanullah also summoned Patanjali managing director Acharya Balkrishna.

The Supreme Court last month pulled up Patanjali for prima facie violation of its assurances about its products and statements claiming their medicinal efficacy. The court had issued a notice to Patanjali and Balkrishna, asking why contempt proceedings should not be initiated against them.

It noted today that Patanjali did not file a response even though it had held a press conference after its previous order. "Why haven't you filed your response yet? We will ask the managing director to appear in the court during the next hearing," the court said.

The order states both Ramdev and Balakrishna were prima facie in violation of Sections 3 and 4 of the Drugs and Remedies Act, which deal with misleading ads of medicines.

The court also issued a contempt notice to Ramdev, co-founder of Patanjali, and asked him to explain why he should not face action for contempt of court.

Senior lawyer Mukul Rohatgi, appearing for Patanjali Ayurved, opposed the move and sought to know, "How Ramdev comes into the picture?"

"You are appearing. We will see on the next date. Enough," the court replied.

"We had our hands tied earlier but not now. As an officer of the court, you (Mr Rohatgi) should know your position," said Justice Amanullah.

The court was hearing a petition by the Indian Medical Association (IMA) alleging a smear campaign by Ramdev against the vaccination drive and modern medicines.

On February 27, it had issued a contempt notice to Patanjali and cautioned them against from making any statements against any system of medicine in the media. It had also pulled up the centre for not taking action and said they were sitting with their eyes closed.

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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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