Kejriwal's jail stay extended till June 6, Court chides him

May 23, 2014

New Delhi, May 23: AAP chief Arvind Kejriwal's jail stay was extended till June 6 today as he remained adamant on not furnishing bail bond in a criminal defamation case against him by BJP leader Nitin Gadkari, with a Delhi court chiding him for "legal illiteracy" and asking him to be "sensible".kejriwal police

Metropolitan Magistrate Gomati Manocha remanded the former Delhi chief minister, who was produced in a packed court room from Tihar Jail, in judicial custody till June 6 saying she cannot review her order passed on May 21.

"I will only request you (Kejriwal's lawyer) to challenge my order if you want. I have already made up my mind," the magistrate said, adding that the court was only following legal procedure and "that if other leaders of the party can furnish bond to secure bail, why Kejriwal cannot do the same".

The court had on May 21 sent him to custody till today after he had refused to furnish bail bond in the case.

During the hearing, the court said that there is a lot of legal illiteracy in the country and even educated persons do not know what bail and bail bond is.

"There is a lot of legal illiteracy in the country. Even educated people do not know about legal proceedings as to what is bail and what is bond. Being in the position you (Kejriwal) were, I expect you to be sensible," the magistrate observed.

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".

During the hearing, senior advocate Shanti Bhushan, who appeared for Kejriwal, argued that in such cases where the accused has not been arrested, there was no requirement to furnish bail bond.

Senior advocate Pinki Anand, who appeared for Gadkari, told the court that criminal courts cannot review their order.

During the hearing, Kejriwal told the court he was trying to understand what his fault was and lots of politicians have filed such cases against him.

"In such cases, I have been released after I gave undertaking in courts earlier," he said.

The magistrate, however, said Kejriwal was told to give a bond only and it was a legal procedure to furnish bonds for bail.

"You (Kejriwal) have been summoned as an accused. You are not a convict. You will face trial...you cannot say that I am innocent and I will not give bond. This is a procedure," the magistrate said.

The court observed that if other leaders of the party can furnish bond to secure bail, why Kejriwal cannot do it

On May 21, the court had granted bail to Kejriwal in the defamation complaint saying the offence under Section 500 of the IPC was bailable and had asked him to furnish a personal bond of Rs 10,000 and a surety of the like amount.

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 said as Kejriwal had refused to furnish bail bond or even personal bond without surety, it was constrained to take him into custody.

The magistrate, in her order, had observed the procedure of courts cannot be "thrown to the winds" at the whims and fancies of the litigants.

"The court cannot act as a mute spectator when a particular litigant intentionally seeks to violate the procedure established by law.

"This case cannot be dealt with any differently than any other criminal cases where the courts insist on furnishing bail bond/personal bond to secure the presence of the accused persons.

"The accused in the present case cannot seek differential treatment to be let off only on an oral undertaking in violation/divergence to the settled practice/procedure regarding bail," the court had said.

The court had also said that this was not a case where the accused is unable to furnish bail bond due to financial inability and Kejriwal was just adamant to not furnish bond for his appearance before it.

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

AAP leaders have contended that submission of bail bond will be an "admission of guilt" and that Kejriwal had taken a principled stand. But the Congress and BJP had termed it as a political stunt.

Aam Aadmi Party leader Yogendra Yadav, who was taken into custody for violating prohibitory orders imposed around Tihar Jail when he was protesting Kejriwal's arrest, was released on bail yesterday after he furnished a personal bond of Rs 5,000.

The court had noted that Kejriwal stated that he shall prefer to go to jail than seek bail or furnish bail bonds.

Kejriwal had told the court that in all cases the procedure should be simplified and the accused should be let off on an oral undertaking.

Gadkari had said that on January 31 this year, Kejriwal had issued a list of alleged "India's most corrupt" in which he had named various politicians, including him.

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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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News Network
April 23,2020

Washington, Apr 23: Air pollution over northern India has plummeted to a 20-year-low for this time of the year, according to satellite data published by US space agency National Aeronautics and Space Administration (NASA).
The US space agency's satellite sensors observed aerosol levels at a 20-year low post the countrywide lockdown, implemented to slow the spread of the novel coronavirus.

"We knew we would see changes in atmospheric composition in many places during the lockdown," said Pawan Gupta, a Universities Space Research Association (USRA) scientist at NASA''s Marshall Space Flight Center. "But I have never seen aerosol values so low in the Indo-Gangetic Plain at this time of year," added Mr Gupta.

Acting Assistant Secretary of State for South and Central Asia Alice G Wells tweeted, "These images from NASA were taken each spring starting in 2016 and show a 20-year low in airborne particle levels over India. When India and the world are ready to work and travel again, let's not forget that collaborative action can result in cleaner air."

The data published with maps show aerosol optical depth (AOD) in 2020 compared to the average for 2016-2019. Aerosol optical depth is a measure of how light is absorbed or reflected by airborne particles as it travels through the atmosphere.

If aerosols are concentrated near the surface, an optical depth of 1 or above indicates very hazy conditions. An optical depth, or thickness, of less than 0.1 over the entire atmospheric vertical column is considered "clean." The data were retrieved by the Moderate Resolution Imaging Spectroradiometer (MODIS) on NASA's Terra satellite.

In the first few days of the lockdown, it was difficult to observe a change in the pollution signature. "We saw an aerosol decrease in the first week of the shutdown, but that was due to a combination of rain and the lockdown," said Mr Gupta.

Around March 27, heavy rain poured over vast areas of northern India and helped clear the air of aerosols. Aerosol concentrations usually increase again after such heavy precipitation.

"After the rainfall, I was really impressed that aerosol levels did not go up and return to normal. We saw a gradual decrease and things have been staying at the level we might expect without anthropogenic emissions," Mr Gupta said.

On March 25, the Indian government placed its 1.3 billion citizens under a strict lockdown to reduce the spread of COVID-19. The countrywide mandate decreased activity at factories and severely reduced car, bus, truck and airplane traffic. Every year, aerosols from anthropogenic (human-made) sources contribute to unhealthy levels of air pollution in many Indian cities.

Aerosols are tiny solid and liquid particles suspended in the air that reduce visibility and can damage the human lungs and heart.

In southern India though, the story is a little hazier. Satellite data show aerosol levels have not yet decreased to the same extent. In fact, levels seem to be slightly higher than in the past four years. The reasons are unclear but could be related to recent weather patterns, agricultural fires, winds or other factors.

"This a model scientific experiment," Robert Levy, program leader for NASA's MODIS aerosol products, said about the lockdown and its effects on pollution.

"We have a unique opportunity to learn how the atmosphere reacts to sharp and sudden reductions in emissions from certain sectors. This can help us separate how natural and human sources of aerosols affect the atmosphere," Mr Levy added.

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Agencies
March 14,2020

New Delhi, Mar 14: The central government on Saturday declared COVID-19 as a national 'disaster' and announced to provide ex-gratia relief of Rs 4 lakh to the families who died of the virus.

The Ministry of Home Affairs in a letter to states and union territories stated: "Keeping in view that spread of COVID-19 virus in India the declaration of it as pandemic by World Health Organisation, the Central government has decided to treat it as a notified disaster and announced to provide assistance under State Disaster Response Fund (SDRF)."

The Centre said that cost of hospitalization for managing COVID-19 patient would be at the rates fixed by the state governments. The state government can use SDRF found for providing temporary accommodation, food, clothing and medical care for people affected and sheltered in quarantine camps, other than home quarantine, or for cluster containment operations.

The state executive committee will decide the number of quarantine camps, their duration and the number of persons in such camps. "Period can be extended by the committee beyond the prescribed limit subject to condition that expenditure on this account should not exceed 25 percent of SDRF allocation for the year," the Ministry of Home Affairs notification stated.

The cost of consumables for sample collection would be taken from the funds which can be sued to support for checking, screening and contact tracing.

Further, funds can also be withdrawn for setting up additional testing laboratories within the government set up. The state has also to bear the cost of personal protection equipment for healthcare, municipal, police and fire authorities. Further SDRF money can also be used for procuring thermal scanners and ventilation and other necessary equipment.

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