SC rejects Kerala's plea on DGP appointment, imposes RS 25000 cost

May 5, 2017

New Delhi, May 5: The Supreme Court on Friday rejected Kerala government's plea for modification of April 24 judgement that directed appointment of senior IPS officer T P Senkumar as DGP.

DGP
A bench of Justices Madan B Lokur and Deepak Gupta imposed Rs 25000 cost of the LDF government even as senior advocate Sidharth Luthra pleaded that he would not press for the application.

In further trouble to the state government, the court sought a response from Chief Secretary on Tuesday over Senkumar's plea for contempt action against the top officer.

Senior advocate Dushyant Dave, representing Senkumar, said the state government did not implement the apex court's direction despite lapse of 13 days, though the officer was removed from the post within 24 hour.

Senior advocate Jaydeep Gupta, also appearing for Kerala government, submitted that it is in the process.

Senkumar alleged “wilful disobedience” of the apex court's order to reinstate him as the state Director General of Police (DGP).

“There is a sinister intention behind the contemnors resolute refusal to implement this court's directions,” he contended.

The officer claimed that he had already provided on 27 April a certified copy of the apex court's judgement but so far no order has been issued. He said he had sent a letter too on 25 April for “expeditiously carrying out the directions.”

Senkumar, who is set to retire on June 30, has urged the apex court to consider extending his tenure as state police chief for the period “which was illegally taken off from him”. He was appointed DGP on May 22, 2015.

“He was removed, illegally on June 1, 2016, as found by this court. Therefore, going by the principles of the judgment of this court in Prakash Singh’s case, the petitioner is entitled for his remaining tenure irrespective of his superannuation,” the plea stated.

Senkumar was removed just as the LDF government assumed office. He was accused of protecting officers in the Puttingal Temple tragedy that claimed lives of more than 100 people. He was also blamed for laxity in the murder case of Dalit girl Jisha that “eroded the confidence of the public on the leadership of the force”.

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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 25,2024

modirahul.jpg

The Election Commission of India on Thursday announced that it had taken cognisance of violations to the Model Code of Conduct by both Prime Minister Narendra Modi and Congress leader Rahul Gandhi.

While Modi has indulged in a diatribe against Muslims, without naming them, using terms like 'infiltrators' and 'those with more children', Rahul has been accused of making a false claim about 'rise in poverty'.

Both the BJP and INC have raised allegations of causing hatred and divisions based on caste, religion, language, and community, ANI reported.

While the EC had initially refused to comment on Modi's speeches, sources had told PTI that the commission was 'looking into' the remarks made by the BJP leader.

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News Network
April 23,2024

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Congress workers protested outside the home of Nilesh Kumbhani, the party's candidate from Gujarat's Surat Lok Sabha seat whose nomination form was rejected due to alleged discrepancies, as he was likely to join the BJP, sources said on Tuesday.

The protest came a day after the BJP's Mukesh Dalal was declared the winner from the party stronghold following the withdrawal of all the other eight candidates in the fray.

The sources said that the protesters called Kumbhani a "traitor" and "killer of democracy", adding that he could join the BJP as early as this week.

Kumbhani's nomination form was rejected after he was unable to present even one of his three proposers before Returning Officer Sourabh Pardhi.

The BJP had raised questions about the discrepancies in the signatures of three proposers in his nomination form.

The nomination form of Suresh Padsala, the Congress' substitute candidate from Surat, was also invalidated, pushing the party out of the poll fray in the BJP stronghold.

In his order, Pardhi said the four nomination forms submitted by Kumbhani and Padsala were rejected because at first sight, discrepancies were found in the signatures of the proposers, and they did not appear genuine.

The Lok Sabha elections in the Surat seat was supposed to take place on May 7.

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