File personal bond, Delhi HC suggests to Kejriwal

May 27, 2014

New Delhi, May 27: The Delhi High Court today advised Arvind Kejriwal, who has been lodged in Tihar Jail, to furnish a bail bond in the criminal defamation complaint filed against him by BJP leader Nitin Gadkari.kejriwal arrest protest

A bench of justices Kailash Gambhir and Sunita Gupta said Kejriwal can raise whatever legal issues he wants to, once he comes out of jail and that he should not make it a prestige issue.

After senior advocate Shanti Bhushan and advocate Prashant Bhushan, appearing for Kejriwal, sought to meet the Aam Aadmi Party (AAP) leader in prison to seek his instruction and put forth the court's suggestion, the bench allowed themto meet him anytime before 1 PM.

The court will now hear the matter at 3 PM.

The judges advised Kejriwal to furnish the bail bond and said that the same would be subject to final outcome of the legal issues raised by him.

The legal issue raised by Kejriwal, in his petition seeking his immediate release from the jail, is whether bail bond is necessary in summons case when accused appears and is accompanied by a lawyer.

The petition challenged the May 21 and 23 orders of a magisterial court remanding Kejriwal in judicial custody for not furnishing bail bond in the criminal defamation complaint filed by Gadkari, saying the same was not mandatory and he should have been allowed to give a written undertaking instead.

Kejriwal in his plea, filed through advocate Rohit Kumar Singh, has said the magisterial order sending him to judicial custody was "illegal" as it was based on a "completely wrong premise of law."

During the proceedings, the bench suggested that Kejriwal should furnish bail bond and challenge the magisterial orders once he comes out of jail.

It also questioned how a habeas corpus, filed on behalf of Kejriwal, applies against a judicial order. A writ of habeas corpus is used to bring a prisoner or detainee before the court to determine if the person's imprisonment or detention is lawful.

Kejriwal's counsel argued that his detention is "totally illegal" as only a person in custody is required to furnish bail bond.

The counsel argued that Kejriwal had appeared in pursuance to summons of the court and was accompanied by a lawyer and, therefore, there was no need for him to furnish bail bond, especially when he was willing to give an undertaking.

They said the requirement of pre-trial bail in the current situation is an antiquated practice which is absent in socially developed and forward nations like the US.

When the accused was present in court with counsel in pursuance to its summons, then there was no need to direct him to furnish bail bond, the counsel argued.

Senior advocate Pinky Anand, appearing for Gadkari, opposed the habeas corpus plea, saying such a petition was not maintainable against judicial orders.

She also argued that under the law, every person is required to furnish bail bonds in such cases to ensure his presence.

She also objected to Kejriwal's conduct in the jail by having written an open letter questioning the magisterial orders sending him to judicial custody.

A former Delhi Chief Minister, Kejriwal was sent to judicial custody by a magistrate on May 21 for two days. On May 23, his custody was extended by 14 days till June 6 after he refused to furnish a bail bond when he was granted bail in the case.

The magistrate had refused to review its May 21 order remanding Kejriwal in judicial custody for not furnishing the bail bond and had asked him to approach the higher court, challenging the decision.

Kejriwal was earlier summoned as an accused by the court in the defamation complaint in which Gadkari had alleged that he was defamed by the AAP leader, who had included his name in the party's list of "India's most corrupt".

On May 21, the court had granted bail to Kejriwal in the defamation complaint, saying the offence under Section 500 of IPC was bailable and had asked him to furnish a personal bond.

He, however, was taken into custody after he refused to give the bail bond, saying the case was politically motivated and he does not wish to seek bail. He had said that he was ready to give an undertaking that he would appear in the court whenever required.

The court had on February 28 summoned Kejriwal as an accused in the case, observing that statements allegedly made by the AAP leader have the effect of "harming the reputation" of the complainant.

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News Network
January 18,2020

Jan 18: To mark the 30th anniversary of the mass exodus of Kashmiri Pandits from the Valley, members of the community took to social media to post videos of themselves by narrating the "Hum Aayenge Apne Watan" dialogue from an upcoming flick, 'Shikara', with the hope that they would return to their homeland one day.

On January 19, 1990, lakhs of Kashmiri Pandits were forced to leave their homes in the Valley following a genocidal campaign launched by the terrorists.

Theatre actor Chandan Sadhu participated in the campaign and said that Kashmiri Pandits have shown "unimaginable resilience" and hope to return to the Valley soon.

"As Kashmiri Pandits complete 30 years in exile this weekend, let our cry for justice be finally noticed. We have shown unimaginable resilience, and today we resolve to return home. Kashmiri Pandit friends: please record this video statement and put it up with #HumWapasAayenge," Sadhu tweeted.

The #HumWapasAayenge is trending on Twitter as more and more Kashmiri Pandits joined in the campaign to narrate the "Hum Aayenge Apne Watan" dialogue and a pledge to return to their homes.

Noted political commentator Sunanda Vashisht tweeted a throwback image of herself and said that resolve to go back home has strengthened more.

"I don't have many pictures left of my childhood. Choosing between life and family albums is really no choice at all. When lives were rescued, family albums got left behind. 30 years have passed. Resolve to go back home has only strengthened. #HumWapasAayenge," she tweeted.

Radio personality Khushboo Mattoo tweeted a video repeating the dialogue from Shikara and tweeted, "Said this in a BBC interview three years back. And I am saying it again #HumWapasAayenge #Shikara."

Journalist Rahul Pandita also took to his Twitter and captioned his post saying, "30 years of exile from Kashmir. Let us now pledge that we will return home."

'Shikara' chronicles the exodus of Kashmiri Pandits from the Valley on the night of January 19, 1990. Helmed by Vidhu Vinod Chopra, the movie is slated to release on February 7.

Netizens have supported the initiative and have expressed solidarity with the Kashmiri Pandits.

In July last year, Home Minister Amit Shah said in the Rajya Sabha that the central government is committed to bringing Kashmiri Pandits and Sufis back to the Valley saying a time will come when they will offer prayers at the famous Kheer Bhawani temple.

"Kashmiri Pandits were forced to leave Kashmir. Many of their shrines were demolished. Sufism was targeted in Jammu and Kashmir. Sufism used to talk about unity and harmony but they were attacked. No voice was raised in favour of Kashmiri Pandits and Sufis when they were brutally attacked. Sufis used to talk about the unity among Hindus and Muslims but they were forced to leave the Valley. Narendra Modi-led government is committed to bringing back Kashmiri Pandits, he had said.

The Mata Kheer Bhawani temple is one of the holiest shrines of Kashmiri Pandits, located about 14 kilometres east of Srinagar.

Last September, a delegation of the Kashmiri Pandit community met the Prime Minister in Houston and thanked him for the historic decision to abrogate Article 370 that gave special status to Jammu and Kashmir.

Modi acknowledged the hardships endured by the community following their exodus from their ancestral homeland back in 1989-1990 due to militancy.

"You have suffered a lot, but the world is changing. We have to move ahead together and build a new Kashmir," the Prime Minister had told the delegation.

"I had a special interaction with Kashmiri Pandits in Houston," Modi had tweeted following the interaction.

In October, Union Minister Prakash Javadekar announced that the Centre has decided to provide compensation of Rs 5.5 lakh each to 5,300 displaced families from Pakistan-occupied Kashmir (PoK), who initially opted to move outside Jammu and Kashmir but later on returned.

These families were earlier left out in the rehabilitation package that was approved by the Cabinet on November 30, 2016.

The Prime Minister had announced a reconstruction plan for Jammu and Kashmir in November 2016. His plan included a rehabilitation package for a one-time settlement of 36,384 displaced persons' (DPs) families of PoK-1947 and Chhamb.

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Agencies
June 29,2020

From March through May, around 1 crore migrant workers fled India’s megacities, afraid to be unemployed, hungry and far from family during the world’s biggest anti-Covid-19 lockdown.

Now, as Asia’s third-largest economy slowly reopens, the effects of that massive relocation are rippling across the country. Urban industries don’t have enough workers to get back to capacity, and rural states worry that without the flow of remittances from the city, already poor families will be even worse off -- and a bigger strain on state coffers.

Meanwhile, migrant workers aren’t expected to return to the cities as long as the virus is spreading and work is uncertain. States are rolling out stimulus programs, but India’s economy is hurtling for its first contraction in more than 40 years, and without enough jobs, a volatile political climate gets more so.

“This will be a huge economic shock, especially for households of short-term, cyclical migrants, who tend to come from vulnerable, poor and low-caste and tribal backgrounds,” said Varun Aggarwal, a founder of India Migration Now, a research and advocacy group based in Mumbai.

In the first 15 days of India’s lockdown, domestic remittances dropped by 90%, according to Rishi Gupta, chief executive officer of Mumbai-based Fino Paytech Ltd., which operates the country’s biggest payments bank.

By the end of May, remittances were back to around 1750 rupees ($23), about half the pre-Covid average. Gupta’s not sure how soon it’ll fully recover. “Migrants are in no hurry to come back,” Gupta said. “They’re saying that they’re not thinking of going back at all.”

If workers stay in their home states long term, policymakers will have more than remittances to worry about. If consumption falls and the new surplus of labor drives wages down, Agarwal said, “there will also be a second-order shock to the local economy. Overall, not looking good.”

India announced a $277 billion stimulus package in May and followed it up with a $7 billion program aimed at creating jobs for 125 days for migrants in villages across 116 districts. Separately, local authorities are also looking for solutions.

Officials in Bihar have identified 2,500 acres of land that could be made available to investors, said Sushil Modi, deputy chief minister of Bihar, a state in east India. “We can use this crisis as an opportunity to speed up reforms,” he said.

The investors haven’t materialised yet, and in the meanwhile, state governments are relying on the national cash-for-work program that guarantees 100 days worth of wages per household.

Skilled workers don’t want to do manual labor offered through the program, and even if they did, says Amitabh Kundu of RIS, many think of it as beneath their station. “There will be an increase in social tensions,” he predicts. “Caste may again start playing a role. It’s absolute chaos.”

For skilled workers, initiatives vary:

* Uttar Pradesh, which received 3.2 million people, is compiling lists of skilled workers who need employment and trying to place them with local manufacturing and real estate industry associations. So far, the government says, it’s placed 300,000 people with construction and real estate firms.

* Bihar has placed returners in state-run infrastructure projects and hired others to stitch uniforms and make furniture for government-run schools, even as they waited in quarantine centres, said Pratyay Amrit, head of the state’s disaster management department.

* The eastern state of Odisha announced an urban wage employment program aimed at putting as many as 450,000 day labourers to work through September. Some 25,000 people have been employed, so far, under the scheme, G. Mathivathanan, principal secretary for housing and urban development said.

Attracting Investments

It’s not clear any of this will be enough to make a dent, says Ravi Srivastava, professor at New Delhi-based Institute of Human Development, adding that the states don’t have much of a track record on economic development.

“It was the failure of these states to improve governance and put development plans in place that led to the out-migration in the first place,” he said.

But officials and workers’ rights advocates see opportunity. Uttar Pradesh has established liaisons to encourage companies from the US, Japan and South Korea to establish manufacturing in the state. There and in Madhya Pradesh and Rajasthan, the government has made labour laws more friendly to employers, making it easier to hire and fire workers.

Modi, the minister from Bihar, said the migration may also give workers--historically a disenfranchised group--new power, particularly as urban centres struggle. “The way industries treated workers during the lockdown -- didn’t pay them, the living conditions were poor -- now these industries will realize the value of this force,” Modi said.

“In the days to come, labour will emerge as a force that can’t be ignored anymore,” he added. “That’s the new normal. We will work out how to ensure dignity, rights to our people who are going to work in other states.”

Bihar is due for elections by November, a vote that could be an early test of the mass migration’s political consequences. The state is currently governed by a coalition that includes Prime Minister Narendra Modi’s Bharatiya Janata Party. Amitabh Kundu, a fellow at the Research and Information System for Developing Countries, a New Delhi-based government think-tank, said migrant workers are likely to be angry voters.

“Chief ministers are telling these migrants that they will not have to go back for work,” he said. “But their capacity to do something miraculous in the next four to five months is doubtful. If they can retain even one-fourth of the migrants, I would call it a success.”

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Agencies
June 26,2020

New Delhi, Jun 26: Congress president Sonia Gandhi on Friday said the central government cannot shirk its responsibility of securing our borders with China and asked Prime Minister Narendra Modi to take the nation into confidence on the situation in Ladakh.

In a video message put out as part of the Congress party's campaign to honour the Army personnel who sacrificed their lives in Ladakh, she asked why the country's soldiers were martyred when China has not captured any Indian territory, as claimed by the Prime Minister.

"Today when there is a crisis-like situation at the India-China border, the central government cannot shirk its responsibility (of securing them)," she said in a video message as part of 'SpeakUpForOurJawans' campaign.

"The country wants to know if China has not captured our land in Ladakh, as claimed by the Prime Minister, then why were our 20 soldiers martyred," she asked.

She said while the Prime Minister says there is no intrusion into Indian territory, experts after seeing satellite images talk of the presence of Chinese troops in our territory confirming the intrusions.

"When and how will the Modi government take back from China our land in Ladakh? Is our territorial integrity being violated by China in Ladakh? Will the Prime Minister take the nation in confidence on the situation at the border?" Gandhi asked.

She said the government should give full support and strength to the Army, saying "this will be true patriotism".

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