For God’s sake, don’t try to defame the judiciary, anguished CJI says

August 12, 2014

New Delhi, Aug 12: It was an anguished cry by Chief Justice of India RM Lodha against "attempts" to bring the judiciary into disrepute. "For God's sake, do not shake the people's confidence in the judiciary. If there is a concerted campaign to bring judiciary to disrepute and defame it, then it is a big disservice to the nation," he said in court on Monday.cji

Justice Lodha also reacted sharply to the demand to junk the "failed" system of judges appointing judges, or the collegium system. "Everyone says collegium system has failed. I was among the first batch of judges selected under the collegium system. Justice RF Nariman is the last batch to be selected through the collegium system. If the system has failed, then the products have also failed," he said.

Hearing a PIL requesting the SC to "unlock the secrets of judges' appointment process and put each of its future recommendations on the Supreme Court's website", a bench of Justice Lodha, Justice Kurian Joseph and Justice Nariman said judges were not perfect as they, like all others, came from the same imperfect society. The CJI said: "No one is perfect. The society is not perfect. And we came from the same society. We too are not perfect."

The CJI's outburst followed former Supreme Court judge Markandey Katju writing a second blog highlighting instances of judicial corruption and alleged compromises with it by the apex court. It also came in the wake of the Centre bringing a bill to recast the process of judicial appointments by doing away with the collegium system.

Referring to the allegations of instances of corruption in the higher judiciary and the perceived failure of the collegium system to detect these "black sheep" and prevent them from gaining entry into the upper echelons of judiciary, the CJI said: "We are most concerned about the image and integrity of the system. But we too have our limitations (in verifying antecedents of the people)."

Justice Katju's disclosures of corruption in high courts and the Supreme Court's unenergetic efforts to deal with it have triggered a countrywide debate. While the judiciary feels this could damage its reputation, some former judges and senior legal officers have come to his support and said requisite reforms will only enhance the judiciary's reputation.

The PIL to whose context Justice Lodha's remarks were made referred to a series of newspaper reports about the collegium reiterating its recommendation to appoint Karnataka high court judge KL Manjunath as chief justice of Punjab and Haryana high court after the Union government sent the name back for the collegium's reconsideration.

"There is a misleading campaign going across to defame the judiciary and repeated attempts have been made to spread incorrect information," said Justice Lodha. "Who told you that his (Manjunath's) name has been recommended for elevation? Because I am the Chief Justice and I head the collegium I am sure and I don't know whether there is any other collegium."

The CJI said, "Merely because repeated attempts are being made to spread a falsehood, a chorus gets started against persons against whom allegations are being made. We are more concerned about the reputation of the judiciary than anyone else. Yes, we do have our limitations. But, that does not mean falsehoods will carry on."

When the petitioner said every newspaper reported it and the common man had a right to know who was getting selected as judge, the bench said: "We have not made any recommendation. Do you want us to dispense justice or respond to every newspaper article that gets published?" The bench dismissed the PIL saying the petitioner had got his facts wrong.

After the collegium recommended Justice Manjunath's name to the government for appointment as chief justice of Punjab and Haryana high court, a series of allegations casting aspersions on his integrity reached the government.

Keeping in view the seriousness of the allegations, the Centre returned Justice Manjunath's name to the collegium along with the allegations for reconsideration in last week of June. The collegium has since then kept the matter under consideration and is yet to take a decision.

The collegium system has operated since 1998 after the Supreme Court in two judgments, one in 1993 and the other in 1998, wrested from the executive the prerogative to select persons for recommending to the President their appointment as judges of the high courts and the Supreme Court.

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Agencies
May 31,2020

New Delhi, May 31: India registered its highest single-day spike of COVID-19 cases on Sunday with 8,380 new infections reported in the last 24 hours, taking the country's tally to 1,82,143, while the death toll rose to 5,164, according to the Union Health Ministry.

The number of active COVID-19 cases stood to 89,995, while 86,983 people have recovered and one patient has migrated, it said.

"Thus, around 47.75 per cent patients have recovered so far," a senior health ministry official said.

The total confirmed cases include foreigners.

The death toll has gone up by 193 since Saturday morning, of which 99 were from Maharashtra, 27 from Gujarat, 18 from Delhi, nine each from Madhya Pradesh and Rajasthan, seven from West Bengal, six each from Tamil Nadu and Telangana, five in Bihar, three from Uttar Pradesh, two from Punjab, and one each from Haryana and Kerala.

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Agencies
July 16,2020

New Delhi, Jul 16: A group of 174 Indian nationals, including seven minors, has filed a lawsuit against the recent presidential proclamation on H-1B that would prevent them from entering the United States or a visa would not be issued to them.

Judge Ketanji Brown Jackson at the US District Court in the District of Columbia issued summonses on Wednesday to Secretary of State Mike Pompeo and acting Secretary of Homeland Security Chad F Wolf, along with Labor Secretary Eugene Scalia.

The lawsuit was filed in the US District Court on Tuesday.

"The proclamation 10052's H-1B/H-4 visa ban hurts the United States' economy, separates families and defies the Congress. While the two former points render it unseemly, the latter point renders it unlawful," said the lawsuit filed by lawyer Wasden Banias on behalf of the 174 Indian nationals.

The lawsuit seeks an order declaring the presidential proclamation restriction on issuing new H-1B or H4 visas or admitting new H-1B or H-4 visa holders as unlawful. It also urges the court to compel the Department of State to issue decisions on pending requests for H-1B and H-4 visas.

In his presidential proclamation on June 22, Trump temporarily suspended issuing of H-1B work visas till the end of the year.

"In the administration of our nation's immigration system, we must remain mindful of the impact of foreign workers on the United States labor market, particularly in the current extraordinary environment of high domestic unemployment and depressed demand for labor," said the proclamation issued by Trump.

In his proclamation, Trump said the overall unemployment rate in the United States nearly quadrupled between February and May of 2020 -- producing some of the most extreme unemployment ever recorded by the Bureau of Labor Statistics.

While the May rate of 13.3 per cent reflects a marked decline from April, millions of Americans remain out of work.

The proclamation also extends till year-end his previous executive order that had banned issuance of new green cards of lawful permanent residency. Green Card holders, once admitted pursuant to immigrant visas, are granted "open-market" employment authorisation documents, allowing them immediate eligibility to compete for almost any job in any sector of the economy, Trump said.

Forbes, which first reported the lawsuit filed by the Indian nationals, said the complaint points out that the Congress specified the rules under which H-1B visa holders could work in the US and balanced the interests of US workers and employers.

"The complaint seeks to protect H-1B professionals, including those who have passed the labor certification process and possess approved immigrant petitions. Such individuals are waiting for their priority date to obtain permanent residence, a wait that can take many years for Indian nationals," Forbes reported.

Meanwhile, several lawmakers urged Scalia on Tuesday to reverse the work visa ban.

"Throughout this administration, the president has continued to lament the alleged abuses of the immigration system while failing to address the systemic problems that have persisted and allowed businesses and employers to exploit and underpay immigrant workers, guest workers and American workers," the lawmakers wrote.

"This misguided attempt by the president to scapegoat immigrants for policy failures during the pandemic not only serves to hurt immigrants, but dismisses the true problem of a broken work visa program that is in desperate need of reform," said the letter, which among others was signed by Congressmen Joaquin Castro, Chair of the Congressional Hispanic Caucus; Bobby Scott, Chair of the Education and Labor Committee; Karen Bass, Chair of the Congressional Black Caucus; Judy Chu, Ra l Grijalva, Vicente Gonzalez, Yvette Clarke and Linda S nchez.

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News Network
January 31,2020

New Delhi, Jan 31: Substantial competition and low tariff rates by telecom operators since 2016 have led to a financial stress in the sector, the Economic Survey said on Friday.

The data price in the country came down by over 99 per cent during 2016-2019, making it among the lowest tariff in the world, according to the survey.

"Since 2016, the sector has witnessed substantial competition and price cutting by the telecom service providers (TSPs), creating financial stress in the sector. As a result, the sector is experiencing consolidation. While some operators have filed for bankruptcy, others have merged, in their quest to improve viability," the survey report said.

In April-June 2019, the price of data was Rs 7.7 per gigabyte (GB) as compared to Rs 200 per GB in June 2016, it added.

"The Average Revenue Per User (ARPU) for GSM based mobile services has also gone down substantially from Rs 126 in June 2016 to Rs 74.30 in June 2019," the survey said.

The tariff war started in the market with entry of new telecom operator Reliance Jio in September 2016.

"BSNL and MTNL are also affected by the tariff war that has impacted their cash flow resulting in mounting losses," the survey said.

The financial health of the public sector telecom firms plummeted to a level where they have been finding hard to pay employees salaries in time.

The government has drawn up a plan to revive these PSUs which is still in works.

The revival plan consists of several measures, including reduction of staff cost through voluntary retirement scheme, allotment of spectrum for 4G services, monetisation of land and building, tower and fibre assets of BSNL and MTNL, debt restructuring through sovereign guarantee bonds and ''in-principle'' approval for merger of BSNL and MTNL.

The survey said that the wireless telephony now constitutes 98.27 per cent of all subscriptions whereas share of landline telephones now stands at only 1.73 per cent where market share is dominated by private sector players.

"The overall tele-density in India stands at 90.45 per cent, the rural tele-density being 57.35 per cent and urban teledensity being 160.71 per cent at the end of September 2019. The private sector dominates with a share of 88.81 per cent (106.06 crore connections) at the end of September, 2019 while the share of public sector was 11.19 per cent (13.36 crore connections)," the survey said.

The lower price of data has also lead in surge of broadband connections and average consumption of the internet.

Total broadband connections increased by about ten times, from 6.1 crore in 2014 to 59.46 crore in June 2019, the survey said.

The number of internet subscribers (both broadband and narrowband put together) stood at 66.53 crore at the end of June 2019 as compared to 25.16 crore in 2014.

The number of mobile internet subscribers was 64.36 lakh at the end of June 2019 while the number of wireline internet subscribers was 2.17 crore.

"India is now the global leader in monthly data consumption, with average consumption per subscriber per month increasing 157 times from 62 MB in 2014 to 9.8 GB in June 2019. The cost of data has also reduced substantially, enabling affordable internet access for millions of citizens," the survey said.

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