Justice Chelameswar red flags govt interference, asks CJI to convene full court

DHNS
March 30, 2018

New Delhi, Mar 30: Any "bonhomie" between the judiciary and the government would sound the "death knell" for democracy, senior-most Supreme Court judge Justice J Chelameswar has told the Chief Justice of India (CJI) and urged him to convene a full court to deal with the alleged executive interference in the judiciary.

In an unprecedented letter to the CJI, copies of which were also sent to 22 other apex court judges on March 21, Justice Chelameswar has questioned the probe initiated by Karnataka High Court Chief Justice Dinesh Maheshwari against District and Sessions Judge Krishna Bhat at the request of the Union Ministry of Law and Justice, despite his name being recommended for elevation twice by the Collegium.

Efforts to get a response to the letter from the office of CJI Dipak Misra did not fructify, while several legal luminaries, when contacted, chose not to comment on the matter.

Justice Chelameswar, who had held the unprecedented January 12 press conference along with three other senior judges raising issues including the allocation of cases by the CJI, expressed concern over the executive directly asking the Karnataka Chief Justice to conduct a probe against Bhat, saying this was done even after his name was recommended twice for judgeship by the apex court collegium.

In 2016, then Chief Justice of India T S Thakur had asked the then high court chief justice S K Mukherjee to hold an inquiry against Bhat on certain allegations levelled by a subordinate woman judicial officer. After the probe had given him a clean chit, Bhat's name was recommended by the collegium for elevation.

"Someone from Bangalore (sic) has already beaten us in the race to the bottom. The Chief Justice of Karnataka High Court is more than willing to do the executive bidding, behind our back," Justice Chelameswar wrote in his six-page letter.

Raising the issue of judicial independence, he said, "We, the judges of the Supreme Court of India, are being accused of ceding our independence and our institutional integrity to the Executive's incremental encroachment.

"The executive is always impatient and brooks no disobedience even of the judiciary if it can. Attempts were always made to treat the Chief Justices as the Departmental Heads in the Secretariat. So much for our 'independence and pre-eminence' as a distinct State organ."

The letter said: "Let us also not forget that the bonhomie between the judiciary and the government in any State sounds the death knell to democracy. We both are mutual watchdogs, so to say, no mutual admirers, much less constitutional cohorts".

Justice Chelameswar referred to the "unhappy experience" where the government sat tight over the files even after the Collegium recommends names for appointment in the higher judiciary.

"For some time, our unhappy experience has been that the government's accepting our recommendations is an exception and sitting on them is the norm. 'Inconvenient' but able judges or judges to be are being bypassed through this route," he alleged.

The apex court judge, who demits office on June 22, took serious note of the communication between the Karnataka High Court chief justice and the executive saying, "the role of the High Court ceases with its recommendation".

He said that any correspondence, clarificatory or otherwise, has to be between the executive and the Supreme Court.

The top court judge also said the day may not be "far off" when the executive would directly communicate with the High Court about pending cases and ask what orders are to be passed.

While referring to Bhat's case, he said, "To my mind, I could recollect no instance from the past, of the executive bypassing the Supreme Court, more particularly while its recommendations are pending, to look into the allegations already falsified and conclusively rejected by us.

"Asking the High Court to re-evaluate our recommendation in this matter has to be deemed improper and contumacious."

Beseeching the CJI to take up the issue of executive interference in judiciary by convening a full court on the judicial side, he said this was necessary in order to ensure that the institution (Supreme Court) remained relevant under the scheme of the Constitution.

He also referred to a past instance when the apex court had taken serious note of a direct communication of the then Law Minister to the High Courts on the issue of judges' transfer which had finally led to the judgement in first judges case in 1981. Later, the Collegium had assumed power with regard to judges' appointment in the higher judiciary.

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News Network
March 16,2020

Mar 16: A fourth batch of 53 Indians returned to India from Iran on Monday, taking the total number of people evacuated from the coronavirus-hit country to 389.

This comes a day after over 230 Indians were brought back from Iran to New Delhi and quarantined at the Indian Army Wellness Centre in Jaisalmer, the third batch to be evacuated from that country.

"Fourth batch of 53 Indians - 52 students and a teacher - has arrived from Tehran and Shiraz, Iran. With this, a total of 389 Indians have returned to India from Iran. Thank the efforts of the team @India_in_Iran and Iranian authorities," Jaishankar tweeted.

The Indians came in a Mahan Air flight that landed at the Delhi airport at around 3 am, officials said, adding that they were later taken to Jaisalmer in an Air India flight for being quarantined.

The first batch of 58 Indian pilgrims were brought back from Iran last Tuesday and the second group of 44 Indian pilgrim arrived from there on Friday.

Iran is one of the worst-affected countries by the coronavirus outbreak and the government has been working to bring back Indians stranded there. Over 700 people have died from the disease in Iran and nearly 14,000 cases have been detected.

Jaishankar had told Rajya Sabha last week that the government was focusing on evacuating Indians stranded in Iran and Italy as these countries are facing an "extreme situation".

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Agencies
April 23,2020

New Delhi, Apr 23: The nationwide lockdown in India which started about a month ago has impacted nearly 40 million internal migrants, the World Bank has said.

The lockdown in India has impacted the livelihoods of a large proportion of the country's nearly 40 million internal migrants. Around 50,000 60,000 moved from urban centers to rural areas of origin in the span of a few days, the bank said in a report released on Wednesday.

According to the report -- 'COVID-19 Crisis Through a Migration Lens' -- the magnitude of internal migration is about two-and-a-half times that of international migration.

Lockdowns, loss of employment, and social distancing prompted a chaotic and painful process of mass return for internal migrants in India and many countries in Latin America, it said.

Thus, the COVID-19 containment measures might have contributed to spreading the epidemic, the report said.

Governments need to address the challenges facing internal migrants by including them in health services and cash transfer and other social programmes, and protecting them from discrimination, it said.

World Bank said that coronavirus crisis has affected both international and internal migration in the South Asia region.

As the early phases of the crisis unfolded, many international migrants, especially from the Gulf countries, returned to countries such as India, Pakistan, and Bangladesh until travel restrictions halted these flows.

Some migrants had to be evacuated by governments, such as those of China and Iran, it said.

Before the coronavirus crisis, migrant outflows from the region were robust, the report said.

The number of recorded, primarily low-skilled emigrants from India and Pakistan rose in 2019 relative to the prior year but is expected to decline in 2020 due to the pandemic and oil price declines impacting the Gulf countries.

In India, the number of low-skilled emigrants seeking mandatory clearance for emigration rose slightly by eight percent to 368,048 in 2019.

In Pakistan, the number of emigrants jumped 63 per cent to 6,25,203 in 2019, largely due to a doubling of emigration to Saudi Arabia, it said.

According to the bank, migration flows are likely to fall, but the stock of international migrants may not decrease immediately, since migrants cannot return to their countries due to travel bans and disruption to transportation services.

In 2019, there were around 272 million international migrants.

The rate of voluntary return migration is likely to fall, except in the case of a few cross-border migration corridors in the South (such as Venezuela-Colombia, Nepal-India, Zimbabwe South Africa, Myanmar-Thailand), it said.

Migrant workers tend to be vulnerable to the loss of employment and wages during an economic crisis in their host country, more so than native-born workers.

Lockdowns in labour camps and dormitories can also increase the risk of contagion among migrant workers.

Many migrants have been stranded due to the suspension of transport services. Some host countries have granted visa extensions and temporary amnesty to migrant workers, and some have suspended the involuntary return of migrants, it said.

Observing that government policy responses to the COVID-19 crisis have largely excluded migrants and their families back home, the World Bank said there is a strong case for including migrants in the near-term health strategies of all countries, given the externalities associated with the health status of an entire population in the face of a highly contagious pandemic.

The Bank said governments would do well to consider short, medium and long-term interventions to support stranded migrants, remittance infrastructure, loss of subsistence income for families back home, and access to health, housing, education, and jobs for migrant workers in host/transit countries and their families back home.

The pandemic has also highlighted the global shortage of health professionals and an urgent need for global cooperation and long-term investments in medical training, it said.

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News Network
May 6,2020

May 6:The Congress on Wednesday said it is "economically anti-national" to fleece Indians of Rs 1.4 lakh crore by raising taxes on petrol and diesel, and urged the Centre to share 75 per cent of this revenue with states so that people are not burdened.

Congress chief spokesperson Randeep Surjewala said when the entire country is fighting the COVID-19 pandemic and its poor, including migrants, shopkeepers and small businessmen, were virtually penniless, the government of India was "fleecing" 130 crore Indians by insurmountably raising prices of petrol and diesel.

"To fleece people of India in this fashion is economically anti-national," he told reporters at a press conference through video conferencing.

Surjewala alleged that the manner in which "illegally and forcibly" this recovery is being made is "inhumane, cruel and insensitive".

"The government should transfer 75 per cent of this money so collected through raise in taxes to states. This will ensure there is no further burden on people of India, by way of more taxes on petroleum products by states," he said.

He said the issue was discussed at a meeting of the chief ministers of Congress-ruled states with party president Sonia Gandhi, where everyone besides former prime minister Manmohan Singh and Congress leader Rahul Gandhi expressed deep concerns.

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