CJI promises to act on complaint by woman judge

August 5, 2014

R M LodhaNew Delhi, Aug 5: Chief Justice of India R M Lodha on Monday promised to look into the complaint of a woman judge, who quit as additional district and sessions judge of Gwalior, levelling sexual harassment charges against a sitting judge of the Madhya Pradesh High Court.

The woman judge accused the administrative judge of the HC of demanding sexual favours. She alleged that he wanted her to “dance to an item number” after showing “more than normal interest” in her work.

The accused judge, however, rejected the charges and offered to face death penalty if the allegations were found to be true. Justice Lodha told PTI, “It is a very serious issue. All versions will have to be taken into account. Let me go through it.”

An email making the allegations has been received by the SC registry, and was being dealt with appropriately, sources said. The CJI said he would deal with the issue appropriately when the papers are placed before him as “the matter cannot be left like this”.

In her nine-page representation to the CJI, the woman judge, who herself headed a sexual harassment committee set up under the Vishakha guidelines at the district level, stated that the HC judge had some months ago started showing undue interest in her work and had gradually started making “coloured remarks” about her.

Her complaint narrated an incident in February this year at the marriage ceremony of a judicial officer where the high court judge had allegedly told her, in the presence of her 16-year-old daughter, that her work was excellent but “you are more beautiful than your work”.

In December last year, the wife of a senior judicial officer had telephoned her to tell her that the judge was eager to see her perform a dance to an item song at his marriage anniversary, she said.

As she refused to give in to “malicious aspirations” of the HC judge, she claimed that she was transferred from Gwalior to Sidhi in the middle of her daughter’s academic career.

According to her complaint, she made a representation against her transfer but her plea was not heard.

Thus, she resigned on July 15, “in compelling, humiliating and disgraceful circumstances to save my dignity, womanhood, self-esteem and career of my daughter.” Responding to the woman judge’s allegations, the high court judge wrote to the Chief Justice of the Madhya Pradesh High Court describing the allegations as “totally false” and expressing his willingness to face a probe by the CBI or any other agency.

“If any allegation is proved I am ready even to face death penalty,” the judge said.The accused judge’s letter has been forwarded to the CJI by the Chief Justice of the MP High Court.

In Jabalpur, the Madhya Pradesh High Court described as “distorted version”, reports that the complainant woman judicial officer had sought an appointment with the High Court Chief Justice to apprise him about the factual position and it was declined.

“The lady ex-Judicial Officer, who was posted at Gwalior since August 2011, was transferred in July 2014 to Sidhi on administratve grounds. Her two representations seeking cancellation of the transfer on the ground of her daughter’s education were duly considered and rejected by the Administrative Committee of the High Court. She has not represented about alleged misbehaviour or harassment caused to her by anyone,” it added.

In a related development, a PIL was filed in the Supreme Court by advocate M L Sharma, seeking judicial inquiry into allegations of the woman judge and prosecution of the accused judge.

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News Network
April 6,2020

New Delhi, Apr 6: With an increase of 490 cases in the last 12 hours, the total number of COVID-19 positive cases in India climbed to 4067, said Ministry of Health and Family Welfare on Monday.

As many as 109 deaths have been reported across the country due to the deadly disease.
There are 3666 active cases in the country while 292 people have been cured/discharged/migrated.

Maharashtra has reported the highest number of COVID-19 cases so far, standing at 690, followed by Tamil Nadu and Delhi with 571 and 503 cases respectively. 

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News Network
February 21,2020

Aurangabad, Feb 21: The All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM) will seek an explanation from its leader Waris Pathan over his alleged '15 crore Muslims can be heavy on 100 crore' remark he recently made in Karnataka, a party leader said here on Friday.

Pathan had made the purported remarks while addressing an anti-Citizenship (Amendment) Act (CAA) rally at Kalaburagi in North Karnataka on February 16.

"We have to move together. We have to take Azadi (freedom), things that we don't get by asking, we have to take it by force, remember it...(We maybe) 15 crore, but are heavy on 100 (crore), remember it," Pathan can be heard purportedly saying in a video of his speech that has gone viral.

Talking to reporters here, AIMIM's Maharashtra unit chief and Aurangabad MP Imtiyaz Jaleel said, "Our party does not support the statement made by Waris Pathan. The party will seek an explanation from him over the remarks."

"If needed, we will come out with a set of dos and don'ts for the party workers to be while giving speech," he said.

"BJP leaders Anurag Thakur and Yogi Adityanath had also given some hateful statements, but none questioned them about it," Jaleel added.

On Thursday, a young woman had raised "Pakistan Zindabad" slogan in Bengaluru during a protest against CAA, NRC and NPR, where AIMIM chief Asaduddin Owaisi was also present. Owaisi had denounced her action.

Talking about the incident, Jaleel said, "That event was not organised by the AIMIM. It was organised by JD(S) and leaders of all parties were there. Asaduddin Owaisi stopped the woman and also condemned her act. But it is being projected that it was AIMIM's stage."

Meanwhile, the BJP and the Raj Thackeray-led Maharashtra Navnirman Sena (MNS) held protests in Aurangabad against Pathan, seeking stern action against him.

The BJP protested in Gulmandi area and burnt an effigy of Pathan.

"Waris Pathan has hurt the feelings of 100 crore people. He has tried to divide the people of the country. The state government should take action against him and send him out of Mumbai," BJP MLA Atul Save said.

The MNS took out a symbolic funeral procession of Pathan and raised slogans against the AIMIM.

"The language of Waris Pathan was disgusting. He should be banned from giving public speeches in the state and also be arrested," MNS lader Prakash Mahajan said.

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Agencies
March 1,2020

Kolkata, Mar 1: The Calcutta High Court has ruled that it is not mandatory for foreigners to produce a valid passport and its particulars for processing of application for grant of Indian citizenship if he is able to satisfy the appropriate authorities the reasons for non-availability of the document.

Justice Sabysachi Bhattacharya passed the order while disposing off a petition by granting the petitioner liberty to file an application before the authority "as contemplated in Rule 11 of the Citizenship Rules 2009, upon furnishing explanation as to the non-availability of the passport".

Bismillah Khan had filed the petition saying he was being denied the citizenship of India because of his inability to file an application under Section 5 (1) (c) of the Citizenship Act, 1955, apparently due to the mandatory requirement of furnishing a copy of the passport for such application.

The petitioner's counsel submitted that Khan was a Pakhtoon citizen and due to political turmoil in the said state, which subsequently merged partially into Afghanistan and partially into Pakistan, he, as a five-year old, had to migrate to India with his father in 1973.

Under such circumstances, the petitioner could not have any opportunity of having a valid passport, since they were refugees under distress, the counsel said.

The petitioner had previously approached a coordinate Bench of the court, wherein a single judge, passed an order on July 25, 2018, directing him to comply with the formalities required, as communicated by the secretary to the Government of India to the Secretary to the Government of West Bengal (Home), vide a letter dated December 7, 2017.

The court had then also given liberty to the petitioner to apply afresh before the appropriate authority under Section 5(1)(c) of the 1955 Act, having complied with all the formalities.

The petitioner then moved Bhattacharya's court submitting that a complete application as directed by the Coordinate Bench cannot be possibly filed by his client due to the mandatory requirement of uploading a copy of his passport, which the petitioner does not have due to reasons beyond his control.

The counsel said Khan is married to an Indian citizen, has a daughter and living in India for close to half a century.

The counsel for the union of India submitted that in view of no application having been filed by the petitioner, there is no scope of granting such proposed application at the present juncture for the Union.

The counsel argued that it is mandatory to file an application in Form III for the application of the petitioner under Section 5(1)(c) of the Act to be considered at all.

In view of the petitioner not complying with the mandatory requirement of submitting a copy of his passport, the state government cannot, under the law, forward such application to the union government.

After hearing all sides, Justice Bhattacharya said although the rule "contemplates that an application shall not be entertained unless the application is made in Form III, such provision ipso facto does not make the availability of a passport a mandatory requirement".

"..the Form given with the Rules or the Rules themselves cannot override the provision of the statute itself, under which the said Rules are framed, which does not stipulate such a mandate on the applicants for citizenship under Section 5 (1)(c) of the 1955 Act mandatorily to carry a passport".

The court said although such provision is included in the Form, which has to be complied with by the applicant, "it is nowhere indicated in such Form that all the relevant particulars, including the particulars regarding passport of the petitioner have to be furnished mandatorily, along with a copy of a valid foreign passport, even in the event the petitioner, for valid reasons, is not in a position to produce such passport".

Justice Bhattacharya ruled that under such circumstances, it cannot be held that the provision of producing a passport and its particulars is mandatory in nature and there has to be a relaxation in such requirement "in case the petitioner is able to satisfy the appropriate authorities the reasons for non- availability of such passport".

"Unless such a leeway is given to the applicants, genuine persons who otherwise have all the formal documents indicating that they have been residing in India for a long time and have married a resident of India would also be unable to apply for Indian Citizenship despite having lived their entire lives and contributed to the economy and diverse culture of this country."

He said such a scenario would be contradictory to the spirit of Article 14 of the Constitution of India.

"In such view of the matter, the requirement of having a passport has to be read as optional in Form III of the Citizenship Rules, 2009 and the authorities are deemed to have the power to relax such 6 requirement in the event the applicant satisfied the authorities for genuine reasons why the applicant is not in a position to produce such passport," the February 24 order said.

The court ruled that despite the provision of making applications online, a provision has to be made for persons who do not have all the particulars of their passport, which is read as optional, to file applications manually, which are to be treated as valid applications under Rule 5 of the Citizenship Rules, 2009.

The court also ordered that alternatively the necessary software be amended so that the online applications can be presented with or without passports, in the latter case furnishing detailed reasons as to non-furnishing of passports.

"Sanctioning of such forms, however, will be conditional upon the satisfaction of the relevant authorities about the reasons for the applicant not being able to produce her/his passport," the order said.

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