CBI court rejects Teesta Setalvad's plea

July 24, 2015

Mumbai, Jul 24: A special CBI court here today rejected the anticipatory bail application of social activist Teesta Setalvad and her husband filed in connection with a case registered by CBI alleging that her company received Rs 1.8 crore from abroad without mandatory approval from Centre.

Teesta-Setalvad"The anticipatory bail application is rejected," said Special judge Anis Khan while turning down the plea.

Setalvad and her husband Javed Anand had moved the court for bail on July 17. Immediately after the order, Setalvad told the court that she was shocked.

"I am shocked and aggrieved by the verdict as this is a petty offence. My sympathisers feel that this is an attempt (by the government) to intimidate and possibly eliminate us by the powers (sic)."

The CBI had on July 8 registered a case against Setalvad and Anand alleging that her firm Sabrang Communication and Publishing Pvt Limited (SCPPL) received around 2.9 lakh USD in foreign donations in violation of Foreign Contribution Regulation Act (FCRA).

According to the agency, SCPPL was not registered under FCRA for collecting money from abroad and the amount of nearly Rs 1.8 crore (2.9 lakh USD) was, therefore, received in violation of the Act as the organisation needed to seek prior approval from the Union Home Ministry.

Teesta and her husband, through their lawyer, had told the court that they were innocent and were falsely implicated.

Her advocate Mihir Desai told the court that the only reason why the agency wanted to arrest them is to humiliate them for their work in Gujarat.

However, CBI in their reply, last Friday, had said that motive behind the transfer of foreign contribution to SCPPL reflected interference towards the internal security and activities of India.

"Such act of foreign donor would prejudicially affect the security, strategic, scientific and economic interest of the state and also affect the harmony between religious, social, linguistic or regional groups, castes or communities", the CBI had said in its reply while opposing her plea.

The agency said the allegations against them (Setalvad and Anand) are serious in nature and it is proposed to unravel all the contours of the offence and the conspiracy during the investigation.

Setalvad alleged that the FIR registered against her and her husband was for the purpose of harassing and torturing them, a charge rejected by CBI.

"The applicants are deliberately mixing up the offences alleged against them with non-related issues in order to divert the attention from the serious charges against them," the agency had said.

The CBI had also told the court that when their premises were searched on July 14 this year there was total resistance and non-cooperation from their side.

"During the search, an agreement dated September 22, 2006 between Ford Foundation and SCPPL were seized which clearly showed that the remittances were grants. There is no mention of any 'consultancy' therein," the reply had said.

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News Network
March 12,2020

Bhopal, Mar 12: The Madhya Pradesh Congress on Thursday took a dig at Jyotiraditya Scindia, who broke ranks with the party and joined BJP on Wednesday, by pointing out that neither Prime Minister Narendra Modi nor Amit Shah had not even put out as much a tweet to welcome him in the party, and construed it as "humiliation" for the "maharaja".

"Not even a tweet by Narendra Modi-ji or Amit Shah-ji to welcome Scindia-ji! Modi-ji, Shah-ji, at least do not do it so soon. It has not even been 24 hours yet and you guys have already started humiliating him...!" Madya Pradesh Congress tweeted in Hindi.

Taking a jibe at Mr Scindia, a member of the erstwhile royal family of Gwalior who ended his 18-year-long association with the Congress party on a bitter note, the state Congress said: "He is a maharaja, the one whose history is often mentioned by Shivraj-ji (former Madhya Pradesh Chief Minister Shivraj Singh Chouhan)."

On Wednesday, Jyotiraditya  Scindia joined BJP in New Delhi in the presence of party president JP Nadda. He had resigned from Congress a day earlier after meeting Amit Shah and Prime Minister Narendra Modi.

Mr Scindia will file his nomination for the Rajya Sabha elections on March 13. He is expected to go to Bhopal today.

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News Network
January 12,2020

Patna, Jan 12: Prashant Kishor, national vice-president of the Janata Dal (United), a key ally of the BJP-led NDA, has thanked Congress general secretary Priyanka Gandhi and former AICC chief Rahul Gandhi for their support in opposing CAA (Citizenship Amendment Act) and NRC (National Register of Citizens).

Perceived as one of the closest associates of Bihar Chief Minister Nitish Kumar, who is also the party’s national president, PK (as Prashant is fondly called) also assured the two top Congress leaders that the contentious legislation would not be implemented in Bihar where JD (U) is ruling the State with the support of the BJP.

“I join my voice with all to thank #Congress leadership for their formal and unequivocal rejection of #CAA_NRC. Both @rahulgandhi and @priyankagandhi deserve special thanks for their efforts on this count….also would like to reassure to all – CAA/NRC won’t be implemented in Bihar,” tweeted PK on Sunday.

The development assumes significance as a day back, the Congress Working Committee (CWC) meeting, chaired by Sonia Gandhi, had strongly opposed CAA/NRC/NPR as it was aimed at “sinister design of the present regime to divide Indian people into religious lines.”

The latest tweet by PK is also being seen as a rebuff to the BJP, which again recently reiterated that “the BJP should project its own chief ministerial candidate during the 2020 Bihar Assembly elections.”

The JD (U) had taken umbrage over such provocative statements by BJP leaders and asked the saffron camp to rein in its ‘loudmouths’ as BJP chief Amit Shah had already made it clear that the next Assembly polls in Bihar would be fought under the leadership of Nitish.

Of late, PK has been quite vocal about his opposition to the Centre’s policies, particularly the contentious issues of NRC and CAA. Besides, he even dubbed senior BJP leader Sushil Modi as the man who became Bihar’s Deputy Chief Minister due to ‘circumstances’ as the BJP was decisively decimated during the 2015 Assembly elections.

Nitish never reprimanded PK for his jibe against Modi, thereby giving rise to speculations whether Bihar was again heading for a political churning ahead of Assembly polls slated for October this year.

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News Network
January 1,2020

Jan 1: The ban on the practice of instant triple talaq, making it a penal offence and the increase in the strength of Supreme Court judges were two of the major achievements of the law ministry in 2019.

In July, Parliament gave its nod to The Muslim Women (Protection of Rights on Marriage) Bill, 2019. The new law makes talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband void and illegal.

It makes it illegal to pronounce talaq three times in spoken, written or through SMS or WhatsApp or any other electronic chat in one sitting.

According to the new law, any Muslim who pronounces the illegal form of talaq upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

During the year, four new judges were appointed to the Supreme Court in September, taking its strength to 34, the highest-ever.

However, vacancies in high courts and lower courts are on the rise and convincing state governments and the 25 high courts to come on board to create an all-India judicial service to recruit judges for the subordinate courts tops the agenda of the Law Ministry in 2020.

Besides creating a consensus on setting up the All-India Judicial Services, the ministry will also have to focus on filling up vacancies in the high court. On an average, the vacancies stood at 400 throughout this year.

With more than 5,000 positions of judicial officers in district and subordinate courts lying vacant, the Law Ministry has pitched for setting up all-India judicial services.

The sanctioned strength of the judicial officers in district and subordinate courts was 22,644. The number of judicial officers in position and vacant posts is 17,509 and 5,135, respectively.

The government has proposed that while states and high courts can recruit judicial officers, the Union Public Service Commission (UPSC) can hold pan-India entrance tests.

The ministry has made it clear that such services would not encroach on the powers of the states.

As of now, the selection and appointment of judges in subordinate courts is the responsibility of the high courts and state governments concerned.

The Narendra Modi government has given a fresh push to the long-pending proposal to set up the new service to have a separate cadre for the lower judiciary in the country.

But there is a divergence of opinion among state governments and respective high courts on the constitution of the All India Judicial Service (AIJS).

One of the problems cited is that since several states have used powers under Code of Criminal Procedure (CrPC) and Code of Civil Procedure (CPC) to declare that the local language would be used in lower courts even for writing orders, a person say selected from Tamil Nadu may find it difficult to hold proceedings in states like Uttar Pradesh and Bihar.

The other point of opposition is that an all India service may hamper the career progression of state judicial services officers.

Another key issue the ministry has to handle in 2020 is vacancies in the 25 high courts.

Throughout 2019, on an average, the high courts faced a shortage of 400 judges.

According to Law Ministry data, as on September 1, the high courts had 414 vacant positions as compared to the sanctioned strength of 1,079 judges. The figure was 409 in August and 403 in July, as per the data.

A three-member Supreme Court collegium recommends the names of candidates for appointment as high court judges. In case of appointments to the Supreme Court, the collegium consists of five top judges of the top court.

High court collegiums shortlist candidates for their respective high courts and send the names to the law ministry.

The ministry, along with background check reports by the Intelligence Bureau, forwards it to the Supreme Court collegium for a final call.

The government has maintained that appointment of judges in the high courts is a "continuous collaborative process" between the Executive and the Judiciary, as it requires consultation and approval from various Constitutional authorities.

Vacancies keep arising on account of retirement, resignation or elevation of judges and increase in judges' strength. In June last year, the vacancy position stood at 399, while it was 396 in May.

In April, 399 posts of judges were vacant, while the figure was 394 in March. The vacancy position in February stood at 400 and in January, it was 392, according to the data collated by the Department of Justice.

Over 43 lakh cases are pending in the 25 high courts.

Another priority would be the finalisation of the memorandum of the procedure to guide the appointment and transfer of the Supreme Court and high court judges. The issue had now been pending for over two years now with the SC collegium and the government failing to reach a consensus.

Successive governments have also been working on making India a hub of international arbitration. It has taken several steps to change laws dealing with commercial disputes.

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