News Analysis India

Tag: PIL

  • Everybody has right to their religion: Supreme Court

    By PTI

    NEW DELHI: India is a secular country and everybody has a right to their religion, the Supreme Court said on Monday while dismissing a PIL seeking to declare late religious figure Sri Sri Thakur Anukul Chandra as ‘Paramatma’.

    A bench of Justices M R Shah and C T Ravikumar imposed a cost of Rs 1 lakh on the petitioner for filing a “publicity interest litigation”.

    As the petitioner Upendra Nath Dalai started to read from his petition, the bench said, “Suno hum ye lecture sunne ke liye nahi aaye hain (Listen, we are not here to listen to your lecture). Is this a public interest litigation? Aisa kaise ho sakta hai? Jisko jo manna hai wo mane. Apni country me sabko religious adhikar hai. Hum kaise keh sakte hain ki particular sect ko him maane. (How can this be possible? Everybody is free to follow his or her religion. How can we ask people to follow a particular religion) “If you want you can consider him as ‘Paramatma’ (supreme being). Why enforce it on others?” the bench observed.

    The top court was hearing a plea filed by Dalai seeking to declare Chandra as ‘Paramatma’.

    While dismissing the plea, the apex court said in its order, “India is a secular country and the petitioner cannot be permitted to pray that the citizens of India may accept Sri Sri Thakur Anukul Chandra as ‘Paramatma’. This seems to be a publicity interest litigation which deserves to be dismissed with costs.”

    Chandra was born on September 14, 1888 in Pabna in Bangladesh.

    NEW DELHI: India is a secular country and everybody has a right to their religion, the Supreme Court said on Monday while dismissing a PIL seeking to declare late religious figure Sri Sri Thakur Anukul Chandra as ‘Paramatma’.

    A bench of Justices M R Shah and C T Ravikumar imposed a cost of Rs 1 lakh on the petitioner for filing a “publicity interest litigation”.

    As the petitioner Upendra Nath Dalai started to read from his petition, the bench said, “Suno hum ye lecture sunne ke liye nahi aaye hain (Listen, we are not here to listen to your lecture). Is this a public interest litigation? Aisa kaise ho sakta hai? Jisko jo manna hai wo mane. Apni country me sabko religious adhikar hai. Hum kaise keh sakte hain ki particular sect ko him maane. (How can this be possible? Everybody is free to follow his or her religion. How can we ask people to follow a particular religion) “If you want you can consider him as ‘Paramatma’ (supreme being). Why enforce it on others?” the bench observed.

    The top court was hearing a plea filed by Dalai seeking to declare Chandra as ‘Paramatma’.

    While dismissing the plea, the apex court said in its order, “India is a secular country and the petitioner cannot be permitted to pray that the citizens of India may accept Sri Sri Thakur Anukul Chandra as ‘Paramatma’. This seems to be a publicity interest litigation which deserves to be dismissed with costs.”

    Chandra was born on September 14, 1888 in Pabna in Bangladesh.

  • Need to separate ‘grain from chaff’, says SC, asks MHA to seek report on attacks on Christians 

    By PTI

    NEW DELHI: Observing that it needs to separate “grain from the chaff”, the Supreme Court on Thursday asked the Ministry of Home Affairs to call for reports from Uttar Pradesh, Madhya Pradesh, Haryana, Karnataka, Odisha, Chhattisgarh, Bihar and Jharkhand on alleged attacks on members of the Christian community, rejecting remonstration by the Centre.

    The top court said though it believes crime against an individual does not necessarily mean crime against society, even if 10 percent of the cases alleged in the PIL are true, then it needs to go to the bottom of the issue.

    The Centre told the court it should not entertain the PIL based on “self-serving reports” as it could have wider ramifications.

    “We need to separate grain from the chaff, even though we believe that an attack on individuals does not mean it is an attack on the community.

    We need to verify the claims of any such incident claimed in the public interest litigation (PIL),” a bench of Justices DY Chandrachud and Hima Kohli said.

    Deprecating the court’s stand, the Centre contended 162 of the cases mentioned in the PIL have been found to be fake on verification at the ground level.

    Responding to the contention, the bench said, “This is a PIL and we are starting with a presumption that what is being claimed may be true.

    “We can have a verification exercise and start with at least 4-5 states and ask the Ministry of Home Affairs (MHA) to submit a report after collating the data on what action has been taken on such incidents of violence, status of FIRs and arrests made and whether any charge sheet has been filed in these cases or not.”

    The court directed the chief secretaries of all eight states to ensure these details are submitted to the MHA. Solicitor General Tushar Mehta asserted majority of the alleged cases mentioned in the PIL were found to be false and based on “self-serving articles” published on a web portal upon verification.

    He insisted the court should not entertain such PILs and pass orders that will open a Pandora’s box and could have wider ramifications.

    “First, there was an era when PILs were written on a postcard, then came an era when PILs were filed on the basis of newspaper reports and the courts had taken steps to curb that practice.Now, the third era is that PILs are being filed on the basis of a self-constituted fact-finding committee and reports which are being published on some web portals,” he said.

    Senior advocate Colin Gonsalves, appearing for the petitioners, said in majority of the attacks against the members of the Christian community, there is a pattern, and are being done with the connivance of police authorities.

    Mehta dubbed the claims as exaggerated, insisting government verification at the ground level found no such incidents with communal overtones had taken place as was being claimed by the petitioners.

    Gonsalves argued that in most cases Christian priests have been booked by police and attackers allowed to go scot free.

    “In the last one year, more than 700 cases of violence against the members of Christian community have been reported,” he said.

    Mehta said since none of the affected parties are before the court but the petitioners, who claim to represent their cause, are are present, the court should not entertain the plea and instead allow the victims to move the court or lodge a FIR in case of violence against them.

    At this point, the bench noted, the victims may not have the means or could not be in a position to lodge a complaint against the perpetrators.

    Mehta said if the petitioners can approach the Supreme Court, they surely can provide all possible legal assistance to the victims to help them lodge cases against the perpetrators.

    The bench gave two months to the MHA to seek reports from the states.

    It said the court is concerned about its earlier verdicts like the 2018 judgement in the Tehseen Poonawala case on appointment of nodal officers for reporting and monitoring such incidents and whether they are being complied with by states.

    It added the court has not formed any opinion with regard to any submission made in the PIL.

    The court’s order came on a PIL filed by Rev.Dr.Peter Machado of National Solidarity Forum, Rev.Vijayesh Lal of Evangelical Fellowship of India, and others claiming violence against the members of the Christian community in the country.

    The MHA, in its reply affidavit, said it is a recent trend that certain organisations start planting articles and preparing self-serving reports themselves or through their associates, which eventually become the basis of a writ petition/PIL.

    The plea has claimed that in May this year alone, 57 cases of violence and attacks on Christian institutions and priests took place, and sought implementation of the guidelines issued by the apex court in the Tehseen Poonawala judgement under which nodal officers were to be appointed to take note of hate crimes and register FIRs.

    In 2018, the apex court had come out with a slew of guidelines for the Centre and the states to tackle such crimes including fast-tracked trials, victim compensation, deterrent punishment, and disciplinary action against lax law-enforcing officials.

    NEW DELHI: Observing that it needs to separate “grain from the chaff”, the Supreme Court on Thursday asked the Ministry of Home Affairs to call for reports from Uttar Pradesh, Madhya Pradesh, Haryana, Karnataka, Odisha, Chhattisgarh, Bihar and Jharkhand on alleged attacks on members of the Christian community, rejecting remonstration by the Centre.

    The top court said though it believes crime against an individual does not necessarily mean crime against society, even if 10 percent of the cases alleged in the PIL are true, then it needs to go to the bottom of the issue.

    The Centre told the court it should not entertain the PIL based on “self-serving reports” as it could have wider ramifications.

    “We need to separate grain from the chaff, even though we believe that an attack on individuals does not mean it is an attack on the community.

    We need to verify the claims of any such incident claimed in the public interest litigation (PIL),” a bench of Justices DY Chandrachud and Hima Kohli said.

    Deprecating the court’s stand, the Centre contended 162 of the cases mentioned in the PIL have been found to be fake on verification at the ground level.

    Responding to the contention, the bench said, “This is a PIL and we are starting with a presumption that what is being claimed may be true.

    “We can have a verification exercise and start with at least 4-5 states and ask the Ministry of Home Affairs (MHA) to submit a report after collating the data on what action has been taken on such incidents of violence, status of FIRs and arrests made and whether any charge sheet has been filed in these cases or not.”

    The court directed the chief secretaries of all eight states to ensure these details are submitted to the MHA. Solicitor General Tushar Mehta asserted majority of the alleged cases mentioned in the PIL were found to be false and based on “self-serving articles” published on a web portal upon verification.

    He insisted the court should not entertain such PILs and pass orders that will open a Pandora’s box and could have wider ramifications.

    “First, there was an era when PILs were written on a postcard, then came an era when PILs were filed on the basis of newspaper reports and the courts had taken steps to curb that practice.
    Now, the third era is that PILs are being filed on the basis of a self-constituted fact-finding committee and reports which are being published on some web portals,” he said.

    Senior advocate Colin Gonsalves, appearing for the petitioners, said in majority of the attacks against the members of the Christian community, there is a pattern, and are being done with the connivance of police authorities.

    Mehta dubbed the claims as exaggerated, insisting government verification at the ground level found no such incidents with communal overtones had taken place as was being claimed by the petitioners.

    Gonsalves argued that in most cases Christian priests have been booked by police and attackers allowed to go scot free.

    “In the last one year, more than 700 cases of violence against the members of Christian community have been reported,” he said.

    Mehta said since none of the affected parties are before the court but the petitioners, who claim to represent their cause, are are present, the court should not entertain the plea and instead allow the victims to move the court or lodge a FIR in case of violence against them.

    At this point, the bench noted, the victims may not have the means or could not be in a position to lodge a complaint against the perpetrators.

    Mehta said if the petitioners can approach the Supreme Court, they surely can provide all possible legal assistance to the victims to help them lodge cases against the perpetrators.

    The bench gave two months to the MHA to seek reports from the states.

    It said the court is concerned about its earlier verdicts like the 2018 judgement in the Tehseen Poonawala case on appointment of nodal officers for reporting and monitoring such incidents and whether they are being complied with by states.

    It added the court has not formed any opinion with regard to any submission made in the PIL.

    The court’s order came on a PIL filed by Rev.Dr.Peter Machado of National Solidarity Forum, Rev.Vijayesh Lal of Evangelical Fellowship of India, and others claiming violence against the members of the Christian community in the country.

    The MHA, in its reply affidavit, said it is a recent trend that certain organisations start planting articles and preparing self-serving reports themselves or through their associates, which eventually become the basis of a writ petition/PIL.

    The plea has claimed that in May this year alone, 57 cases of violence and attacks on Christian institutions and priests took place, and sought implementation of the guidelines issued by the apex court in the Tehseen Poonawala judgement under which nodal officers were to be appointed to take note of hate crimes and register FIRs.

    In 2018, the apex court had come out with a slew of guidelines for the Centre and the states to tackle such crimes including fast-tracked trials, victim compensation, deterrent punishment, and disciplinary action against lax law-enforcing officials.

  • Ex-Army Colonel moves Delhi HC seeking quashing of Agnipath scheme

    By IANS

    NEW DELHI: A former Army Colonel on Thursday approached the Delhi High Court seeking to set aside the Agnipath scheme of short-term recruitment into the armed forces and not to cancel the selection of the candidates who have already cleared the recruitment exam for the Indian Air Force in 2019.

    The PIL filed by Col. Amit Kumar, who opted for voluntary retirement last year and has enrolled as an advocate registered at the Bar Council of Delhi, was listed before the division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad.

    Hearing the plea, the bench listed the matter for hearing on August 25, clubbing it along with other similar cases.

    It may be noted that the Supreme Court had recently transferred all the pleas challenging the Agnipath scheme to the Delhi High Court, where similar challenges against the scheme are already pending.

    Through the PIL, the petitioner sought directions to the Centre and all authorities under it to issue interview letters/selection letters to all candidates who had previously cleared the selection process for entry into to the Army, Navy and Air Force as soldiers/sailors/airmen.

    The plea contended that the Agnipath scheme is unenforceable as it violates Section 193A of the Army Act, 1950 as it was never tabled before any House of the Parliament.

    “The petition relates to the Agnipath scheme which is a new scheme being implemented by the Central government, especially the Ministry of Defence, for recruitment of soldiers/sailors/airmen into the Army/Navy/Air Force. The scheme compromises on national security and future of youth, which in turn violates the fundamental rights of the citizens,” the plea read.

    “This scheme has caused a lot of resentment among the force veterans and public alike due to a large number of loopholes in it. The resentment went to the extent of violent protests causing damage to public property and the state governments of some states have also passed resolutions against it.

    “The scheme on the first instance seems to put national security at stake and is harmful to the future of the youth, which surely affects the fundamental rights of the citizens. The scheme suffers from lack of pilot test, lack of efficient training, weaponisation of youth which can lead to the internal security threat, lack of financial security to soldiers, exploitation of 75 per cent Agniveers after four years etc.,” it added.

    So far, three other pleas related to the scheme are pending before the high court.

    NEW DELHI: A former Army Colonel on Thursday approached the Delhi High Court seeking to set aside the Agnipath scheme of short-term recruitment into the armed forces and not to cancel the selection of the candidates who have already cleared the recruitment exam for the Indian Air Force in 2019.

    The PIL filed by Col. Amit Kumar, who opted for voluntary retirement last year and has enrolled as an advocate registered at the Bar Council of Delhi, was listed before the division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad.

    Hearing the plea, the bench listed the matter for hearing on August 25, clubbing it along with other similar cases.

    It may be noted that the Supreme Court had recently transferred all the pleas challenging the Agnipath scheme to the Delhi High Court, where similar challenges against the scheme are already pending.

    Through the PIL, the petitioner sought directions to the Centre and all authorities under it to issue interview letters/selection letters to all candidates who had previously cleared the selection process for entry into to the Army, Navy and Air Force as soldiers/sailors/airmen.

    The plea contended that the Agnipath scheme is unenforceable as it violates Section 193A of the Army Act, 1950 as it was never tabled before any House of the Parliament.

    “The petition relates to the Agnipath scheme which is a new scheme being implemented by the Central government, especially the Ministry of Defence, for recruitment of soldiers/sailors/airmen into the Army/Navy/Air Force. The scheme compromises on national security and future of youth, which in turn violates the fundamental rights of the citizens,” the plea read.

    “This scheme has caused a lot of resentment among the force veterans and public alike due to a large number of loopholes in it. The resentment went to the extent of violent protests causing damage to public property and the state governments of some states have also passed resolutions against it.

    “The scheme on the first instance seems to put national security at stake and is harmful to the future of the youth, which surely affects the fundamental rights of the citizens. The scheme suffers from lack of pilot test, lack of efficient training, weaponisation of youth which can lead to the internal security threat, lack of financial security to soldiers, exploitation of 75 per cent Agniveers after four years etc.,” it added.

    So far, three other pleas related to the scheme are pending before the high court.

  • ‘Constructing separate toilets for Transgenders on fast track basis’: Delhi govt tells High Court

    By ANI

    NEW DELHI:  The Delhi Government has told the High court that the state is making all possible efforts to ensure the creation of separate toilets for the use of Transgenders adding that the task will be completed on a fast track basis.

    The submissions of the Delhi government counsel came during the hearing of a public interest litigation (PIL) that sought directions for separate public toilets for transgenders.

    After taking note of the submissions made by its counsel, the bench of Justice Satish Chander Mishra and Justice Subramoiumn Prasad granted the state government six weeks to file a fresh status report on the construction of new toilets for the use of Transgenders or Third Gender persons.

    The Court listed the matter for November 14, for a detailed hearing.

    According to the recent status report of the Delhi Government, as many as 505 toilets meant for Persons with Disabilities have also been designated for the use of Transgenders.

    The Status Report further revealed that nine new toilets for the use of Transgender/Third Gender persons have already been constructed and the construction of 56 more toilets solely for Transgender/Third Gender persons is underway.

    The Delhi government also filed a detailed chart furnishing minute details with respect to the separate toilets for Transgender persons.

    The Delhi High Court had earlier sought a response from the Centre, Delhi Government, Civic Bodies and others on a Public Interest Litigation (PIL) seeking direction to respondents to take necessary actions for building separate washrooms for transgender/ third genders.

    The Petitioner, Jasmine Kaur Chhabra, a Law Student through Advocate Rupinder Pal Singh sought direction to respondents for necessary actions as per the Swachh Bharat Mission (Urban) Revised Guidelines dated 5 October 2017 specifying the need to make separate seats/toilets for trans-genders.

    ALSO READ | Respect our rights: Trans activists

    The plea further sought direction to maintain the hygiene of the washrooms, so that every citizen of India gets equal rights and facilities for accessing the basic things, needed for a standard living.

    The petition sought proper implementation of the Transgender Persons (Protection of Rights) Act, 2019 which criminalises the discrimination against a transgender person in education, employment, healthcare, movement and right to reside.

    The plea further stated that the Centre has released funds but there are still no separate toilets for the Transgender/Third gender community in Delhi.

    Mysore, Bhopal and Ludhiana have already started taking action on the matter and have built separate public washrooms and that Delhi was still nowhere in taking such an initiative, it added.

    There are no separate toilet facilities for transgenders, they have to use male toilets where they are prone to sexual assault and harassment. Discrimination on the ground of sexual orientation or gender identity, therefore, impairs equality before law and equal protection of law and violates Article 14 of the Constitution of India. They don’t even have any remedy available for the same as there are no provisions in the IPC,1860 that protect transgender from sexual assault by any male, female or another transgender, the plea read. 

    NEW DELHI:  The Delhi Government has told the High court that the state is making all possible efforts to ensure the creation of separate toilets for the use of Transgenders adding that the task will be completed on a fast track basis.

    The submissions of the Delhi government counsel came during the hearing of a public interest litigation (PIL) that sought directions for separate public toilets for transgenders.

    After taking note of the submissions made by its counsel, the bench of Justice Satish Chander Mishra and Justice Subramoiumn Prasad granted the state government six weeks to file a fresh status report on the construction of new toilets for the use of Transgenders or Third Gender persons.

    The Court listed the matter for November 14, for a detailed hearing.

    According to the recent status report of the Delhi Government, as many as 505 toilets meant for Persons with Disabilities have also been designated for the use of Transgenders.

    The Status Report further revealed that nine new toilets for the use of Transgender/Third Gender persons have already been constructed and the construction of 56 more toilets solely for Transgender/Third Gender persons is underway.

    The Delhi government also filed a detailed chart furnishing minute details with respect to the separate toilets for Transgender persons.

    The Delhi High Court had earlier sought a response from the Centre, Delhi Government, Civic Bodies and others on a Public Interest Litigation (PIL) seeking direction to respondents to take necessary actions for building separate washrooms for transgender/ third genders.

    The Petitioner, Jasmine Kaur Chhabra, a Law Student through Advocate Rupinder Pal Singh sought direction to respondents for necessary actions as per the Swachh Bharat Mission (Urban) Revised Guidelines dated 5 October 2017 specifying the need to make separate seats/toilets for trans-genders.

    ALSO READ | Respect our rights: Trans activists

    The plea further sought direction to maintain the hygiene of the washrooms, so that every citizen of India gets equal rights and facilities for accessing the basic things, needed for a standard living.

    The petition sought proper implementation of the Transgender Persons (Protection of Rights) Act, 2019 which criminalises the discrimination against a transgender person in education, employment, healthcare, movement and right to reside.

    The plea further stated that the Centre has released funds but there are still no separate toilets for the Transgender/Third gender community in Delhi.

    Mysore, Bhopal and Ludhiana have already started taking action on the matter and have built separate public washrooms and that Delhi was still nowhere in taking such an initiative, it added.

    There are no separate toilet facilities for transgenders, they have to use male toilets where they are prone to sexual assault and harassment. Discrimination on the ground of sexual orientation or gender identity, therefore, impairs equality before law and equal protection of law and violates Article 14 of the Constitution of India. They don’t even have any remedy available for the same as there are no provisions in the IPC,1860 that protect transgender from sexual assault by any male, female or another transgender, the plea read. 

  • Bihar teacher says teaching in his college is like ‘academic death’, returns salary

    Express News Service

    PATNA: In yet another poor reflection on the state’s decrepit education system, a Hindi college teacher in Bihar has returned his accumulated salary worth nearly Rs 24 lakh as students were not attending their Hindi classes since he joined the college in 2019.

    Taking a high moral ground, assistant professor, Dr Lalan Kumar who teaches Hindi in Nitishwar College under Babasaheb Bhimrao Ambedkar Bihar University (BRABU) in the state’s Muzaffarpur district returned his accumulated 32-month salary worth more than Rs 23.82 lakh for a period between September 25, 2019 (date of appointment) to May, 2022.

    “Why should I accept salary when I have not taught the students enrolled in the department,” the teacher remarked while setting new benchmarks of honesty and integrity.

    He has returned his salary by sending a cheque along with a letter to the university vice-chancellor. In his letter, he has also expressed his desire to transfer him to any of these colleges- LS College, RDS College, MDDM College or the PG department of the university.

    Dr Kumar graduated from Delhi University while completing his post-graduation from JNU. He did his M.Phil. and PhD from Delhi University. 

    In his letter to the university’s vice-chancellor, the teacher said, “Out of 131 students, none of them attends his class. For me it is like an ‘academic death’. I am not able to discharge my duties despite my best intention. In such a situation, it would not be morally correct to accept the salary.”

    Besides the vice-chancellor, he has sent copies of his letter to the chancellor (governor), chief minister, state education minister, state finance department, Patna High Court (in form of PIL), chairman, University Grants Commission (UGC), union education minister, PMO, President and other dignitaries and high offices.

    Former President Dr APJ Abdul Kalam also honoured Dr Kumar with Academic Excellence Award for passing his graduation examination from Hindu College in the first division.

    Commenting on the Hindi teacher’s decision to return money to the government, a retired teacher of L N Mithila University professor Vashishtha Singh said, “Dr. Kumar has exposed the government’s education system.” “It’s virtually a slap on the education system prevailing in colleges and universities in Bihar,” he added.

  • Jharkhand HC reserves order on maintainability of PIL seeking probe against CM Hemant Soren

    Express News Service

    RANCHI: The Jharkhand High Court kept its order reserved on the maintainability of PIL seeking investigation against Chief Minister Hemant Soren for alleged irregularities in the grant of mining leases and also on transactions of some shell companies purportedly operated by his family members and associates.

    Disposing of a special leave petition filed by the Jharkhand Government on May 24, the Supreme Court had directed Jharkhand High Court to first decide on the maintainability of the PIL before proceeding further as per law.

    According to the PIL filed by an RTI activist Shiv Shankar Sharma, CM Soren and his brother Basant Soren invested black money through businessmen Ravi Kejriwal, Ramesh Kejriwal, Amit Agrawal and several others in 28 small companies to get them converted into white money. Sharma in his PIL also demanded probe by the CBI and ED into the shell companies which are being run in other states including Jharkhand, Bihar and West Bengal.

    “After hearing all sides on the issue of maintainability of the PIL and kept its order reserved till June 3,” said petitioner’s Counsel Rajeev Kumar. As soon as the hearing started, senior counsel Kapil Sibal appearing on behalf of the Jharkhand Government demanded dismissal of the petition saying that the petition was motivated and has been filed with ulterior motives by the petitioner.

    Petitioner’s lawyer Rajiv Kumar said that other than the chief minister, a mining lease was issued in the favour of his brother and MLA Basant Soren and many persons close to him. The court asked Mukul Rohtagi to explain whether or not mining leases were issued to the CM, Basant Soren and others.

    Solicitor general Tushar Mehta, appearing on behalf of the Enforcement Directorate, however, stressed on CBI inquiry based on the facts found by the central agency during the raids conducted by it in Jharkhand in connection with MNREGA scam.

    The material collected shows involvement of people sitting on the top positions and the state government agencies won’t be able to conduct an inquiry, he said. 

    Mehta was also of the view that the credentials of a petitioner could be challenged, but a petition can’t be dismissed just because of certain limitations on technicalities and PIL rules. Mehta said the High court has enough power under Article 226 of the Constitution to even take suo moto cognisance and order inquiry to ensure justice, even if the petition is not as per rules.

    Senior counsel Mukul Rohtagi, appearing on behalf of Hemant Soren, also questioned the credentials of the petitioner and informed the court about the previous involvement of his father in a case related to Shibu Soren.

    “Soren’s Counsel informed the court that the petition has been filed with ulterior motive and the petitioner is targeting the chief minister due to personal enmity with his family,” said Amritansh Vats, who is assisting Rohtagi in the case.

  • Madhya Pradesh HC bins PIL against ‘bulldozing’, MP government claims vindication

    By Express News Service

    BHOPAL:  The Madhya Pradesh High Court has dismissed a PIL filed by a Jabalpur-based advocate against the ongoing demolition drive of the Shivraj Singh Chouhan government. While dismissing the petition filed by local advocate Amitabha Gupta, a division bench of the MP High Court said that “we are of the considered view that it may not be appropriate to entertain this petition as a public interest litigation.

    Even if the case of the petitioner is to be accepted that certain houses of certain persons have been demolished, necessarily those persons have a legal right to defend themselves in a manner known to the law”. “We do not see any nexus with the petitioner and the persons whose properties have been demolished. Therefore, it is for those persons to appropriately move the court for necessary order as they deem fit. We do not find any reason to entertain this petition on behalf of the present petitioner. Accordingly, the petition is dismissed,” the HC said in the order passed on Wednesday.

    Reacting to the HC’s dismissal of the petition, state’s home minister Narottam Mishra said the court has put its affirmative seal on the action being initiated against the illegal properties and encroachments of land sharks and rioters. “The action initiated by the government is in accordance with law and not targeted at any group.”

    The BJP government in the state is facing flak from opposition Congress, Muslim outfits and rights bodies over recent bulldozing of “illegal properties and encroachments” in the violence-hit Khargone and Sendhwa towns. 

    Shah to attend mega event for tribals in MP Bhopal: The ruling BJP’s continued focus on tribal-dominated seats of Madhya Pradesh will see Union home minister Amit Shah gracing a tribal-centric event in Bhopal on Friday. Shah would attend a grand event to credit bonus money into the accounts of tendu leaves collectors from across the state, at the MP capital’s Jamboree Maidan.

  • Delhi HC asks EC to respond to PIL for model procedure for internal polls of political parties

    By PTI

    NEW DELHI: The Delhi High Court Thursday sought the Election Commission’s (EC) reply on a plea seeking framing of a model procedure for intra-party polls and its incorporation in the constitutions of all the political parties in the country.

    A bench of Chief Justice D N Patel and Justice Jyoti Singh issued notice to the EC and asked it to file reply while listing the petition for further hearing on December 23.

    The petitioner informed the court that he has filed a fresh plea as the EC’s reply to his representation was unsatisfactory.

    He had earlier filed a petition which was disposed of by the court with a direction to the EC to decide it as representation.

    Petitioner C Rajashekaran, a lawyer who was also one of the founding members of Kamal Haasan’s political party Makkal Needhi Maiam (MNM), claimed that there was a lack of regulatory oversight by the EC of the internal elections in political parties.

    He also claimed that the EC had in 1996 issued a letter to all recognised national and state political parties as well as registered unrecognised parties stating that various provisions relating to the organisational elections were not being followed by them and called upon them to follow their respective constitutions relating to said elections scrupulously.

    The petition had alleged that internal elections of most parties “are often an eyewash for established political families within the said parties to continue to retain power as the top leadership of said party.”

    “The lack of internal democracy in political parties, as opposed to other private organisations/ institutions, has a significant bearing on the nation’s governance, as the lack of transparency and internal democracy in political parties are often reflected in similar non-democratic governance models when said political parties come to power,” the petition contended.

    It claimed that data provided by the EC shows that a total of 2,598 political parties are registered in the country with their own distinct symbol provided by the commission.

    “However, various political parties out of the registered ones do not mandatorily conduct intra-party elections, and as such, no steps have been taken by the Election Commission to address the same,” the petition claimed.

  • SC says don’t want ‘busy bodies’ NGOs challenge higher judicial service rules, dismisses PIL

    By PTI

    NEW DELHI: The Supreme Court has said that it does not want “busy bodies” NGOs challenge the provisions of the Uttar Pradesh Higher Judicial Services Rules which prescribe minimum qualification for all categories of candidates and that it will rather hear aggrieved candidates.

    In an order passed on September 3, a bench of Justices D Y Chandrachud, Vikram Nath and Hima Kohli said, “We are not inclined to entertain the Special Leave Petition under Article 136 of the Constitution. The Special Leave Petition is accordingly dismissed.”

    During the hearing, senior advocate Ashok Kumar Sharma, appearing for NGO Samvidhan Bachao Trust which has challenged the Allahabad High Court order dismissing the PIL, said that Rule 18 of the UP Higher Judicial Service Rules prescribed one minimum qualification for all General/SC/ST categories candidates and therefore, it defeated the very purpose of reservation.

    The bench said, “What is this Samvidhan Bachao Trust, an NGO? We don’t want any busy bodies challenging the Higher Judicial Services Rules. Let some aggrieved candidates come before us, we will hear them. We cannot have a PIL on this issue.”

    Sharma said that the high court had erred in its finding by treating it as a service matter and dismissing it.

    He contended that it is a Public Interest Litigation as the provisions affect all sections of people.

    The bench then asked Sharma if there are any aggrieved candidates arrayed as party in the petition, to which the senior counsel responded in the negative.

    “Then let the aggrieved candidates come before us, we will hear them, not you,” the bench said.

    The NGO in its appeal said that since 2012, from a total of 75 vacancies advertised for all categories in higher judicial services, 73 posts are still vacant and are being carried forward.

    It has challenged the advertisement dated January 18, 2021 for direct recruitment to Uttar Pradesh High Judicial Service, 2020 and sought amendment of the rules in accordance with the recommendations of Justice Shetty Commission for recruitment to higher judicial services on the ground that existing provisions are arbitrary and unreasonable.

    The NGO said that reserved category candidates ought to be given relaxation and priority in the matters of recruitment and promotion as they have been deprived of equal opportunities.

  • PIL is Supreme Court seeks ‘comprehensive’, ‘stringent’ law to replace colonial-era IPC 

    By PTI
    NEW DELHI: A PIL has been filed in the Supreme Court seeking a direction to the Centre to set a judicial panel or a body of experts to draft a “comprehensive” and “stringent” penal code for ensuring rule of law and equality and after examining existing statutes, including Indian Penal Code of 1860, relating to crime and corruption.

    The plea, filed by lawyer and BJP leader Ashwini Upadhyay, alternatively urged the top court that it being “custodian of the Constitution and protector of fundamental rights” may direct the Law Commission India to examine “domestic and internal laws relating to corruption and crime and draft a stringent comprehensive Indian Penal Code within six months”.

    “Direct the Centre to constitute a judicial commission or an expert committee to examine all domestic-internal laws relating to corruption-crime and draft a comprehensive stringent ‘one nation one penal code’ in order to secure rule of law, equality before law and equal protection of laws,” the PIL, filed through advocate Ashwani Dubey, said.

    It further sought a direction to the Centre to ascertain the feasibility of implementing a stringent and comprehensive Indian Penal Code (One Nation One Penal Code) instead of existing outdated laws relating to corruption and crime.

    The petition, which may come up for hearing next week, said that the injury to the public due to the 161 years old colonial IPC was extremely large.

    It said, “rule of law and right to life, liberty and dignity can’t be secured without implementing a stringent and comprehensive ‘One Nation One Penal Code’ having specific chapters on bribery, money laundering, black money, profiteering, adulteration, hoarding, black marketing, drug smuggling, gold smuggling and human trafficking.”

    “If this IPC had been even a little effective, then many Britishers would have been punished, not the freedom fighters. In fact, the main reason behind creating the IPC 1860 and Police Act 1861 was to prevent another revolt like that of 1857,” it said.

    It added that laws related to witch-hunting, honour killing, mob lynching, Goonda Act, etc.are not included in the IPC though these are pan-India offences and the sentence is different for the same offence in various states.

    “Therefore, to standardise the punishment and make them uniform, a new IPC is essential.

    India needs a comprehensive Penal Code that provides equal protection to all the citizens against all the offences and secures right to life, liberty, dignity and rule of law,” it said.