L-G bound by ministers' advice, says Delhi HC

May 26, 2015

New Delhi, May 26: The AAP government got a shot in the arm as the Delhi High Court on Monday termed “suspect” the Centre’s notification barring the Delhi government’s anti-corruption branch (ACB) from acting against its officers in criminal offences.Najeeb-Jung-Arvind-Kejriwal

Holding that the Lieutenant Governor (L-G) of the Government of National Capital Territory of Delhi (GNCTD) cannot act in his discretion, the High Court noted that the L-G is bound to act upon the aid and advice of the council of ministers who are directly elected by the citizens of Delhi and the Centre’s “executive fiat” siding with him is “suspect”. It observed that the mandate of the people “must” be respected by the L-G if there was no other “constitutional or legal fetter”.

The findings were part of a judgment in which the high court held that the ACB has the jurisdiction to arrest policemen.

The AAP government and the L-G have been involved in a public spat over the latter’s powers vis-a-vis an elected government.

The Centre, on May 21, issued a notification siding with the Lt Governor.

The High Court dismissed the bail application of a head constable arrested by the ACB in a corruption case.

“After the judgment was reserved in the present application, the Ministry of Home Affairs has issued a notification... on May 21, thereby further amending the notification dated November 8, 1993 and, inter alia, providing that ‘ACB police station shall not take any cognisance of the offences against officers, employees and functionaries of the Central government’.

“In my view, since the Union lacks the executive authority to act in respect of matters dealt with in Entries 1 & 2 of List III of the Seventh Schedule, the further executive fiat issued by the Union government on May 21 is also suspect,” Justice Vipin Sanghi said.

“The mandate of the people, with whom the sovereign power resides, must be respected by the Lieutenant Governor in respect of matters which fall within the domain of the legislative Assembly, provided there is no other constitutional or legal fetter.

“Therefore, in respect of matters dealt with by Entries 1 and 2 of the Concurrent List, the Lieutenant Governor cannot act in his discretion, and he is bound to act upon the aid and advice of the Council of Ministers,” the judge said.

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News Network
February 5,2020

Mumbai, Feb 5: Maharashtra Chief Minister Uddhav Thackeray on Wednesday said there was no need to fear the Citizenship Amendment Act, but asserted his government will not allow the proposed National Register of Citizens to be implemented as it would "impact people of all religions".

Throwing out Bangladeshi and Pakistani migrants out of the country was an old demand of the Shiv Sena, the chief minister said in the third and concluding part of his interview to party mouthpiece 'Saamana'.

"I can confidentally say the Citizenship (Amendment) Act (CAA) is not meant to throw Indian citizens out of the country. But, the National Register of Citizens (NRC) is going to impact Hindus as well," the Sena president said.

India has the right to know the number of minorities from neighbouring nations who applied for Indian citizenship after being persecuted in their home countries, he said.

"When they come here, will they get homes under the 'Pradhan Mantri Awas Yojana'? What about employment and education of their children? All these issues are important and we have the right to know," hesaid in the interview to Saamana's executive editor and Sena MP Sanjay Raut.

"As chief minister, I should know where will these people be relocated in my state. Our own people don't have adequate housing. Will these people go to Delhi, Bengaluru or Kashmir, since Article 370 is now scrapped?" he wondered.

Several Kashmiri Pandit families are staying like refugees in their own country. The CAA is not to throw citizens out of the country, Thackeray said.

"However, the NRC will impact Hindus and Muslims and the state government will not allow it to be implemented," he asserted.

Under the NRC, all citizens will have to prove their citizenship. In Assam, 19 lakh people could not prove their citizenship. Of these, 14 lakh are Hindus, Thackeray claimed.

In a veiled attack on his cousin and MNS chief Raj Thackeray, who will lead a rally in support of the CAA and NRC in Mumbai on February 9, the chief minister said the NRC is not yet a reality and there is no need for a 'morcha' in support of or against it.

"If the NRC is enforced, those who are supporting it will also be affected," he said.

Under the NRC, even Hindus will have to prove their citizenship. "I will not allow the law to be enacted. Whether I am chief minister or not, I will not allow injustice to anybody," he said.

The chief minister also took a veiled dig at the Centre's decision to give the Padma Shri award to Pakistani-origin musician Adnan Sami.

"A migrant is a migrant. You can't honour him with the Padma award. Throwing out illegal migrants was the stand of (late Shiv Sena supremo) Balasaheb Thackeray," he said without naming anyone.

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Agencies
July 1,2020

Sopore, Jammu And Kashmir: A three-year-old boy survived as his grandfather was killed in a terror attack on the Central Reserve Police Force (CRPF) in Jammu and Kashmir's Sopore town this morning. A CRPF jawan was also killed in the line of duty as terrorists opened fire on a patrol team.

In heart-wrenching images, the child is seen sitting on the blood-splattered body of his grandfather, a civilian caught in the crossfire. The boy was numb with fear when he was picked up by policemen, according to the police.

The Kashmir police also tweeted a photo of the child being carried to safety by a policeman.

"Jammu and Kashmir police rescued a three-year-old boy from getting hit by bullets during the terrorist attack in Sopore," said the tweet by the Kashmir Zone Police.

The child was travelling in a Maruti car with his grandfather from Srinagar to Handwara when it was hit by a spray of bullets in Sopore town, which is in Baramulla district about 50 km from Srinagar.

The police said terrorists hiding in a mosque fired indiscriminately at the patrol team as it was getting off a bus. The CRPF troops retaliated but the terrorists managed to escape.

According to the CRPF, the grandfather stopped the car and got out to run to a safe spot but was shot dead in the firing by terrorists. The boy was later rescued by a policeman standing nearby.

Last week, a six-year-old boy was killed during a terror attack on the CRPF in Anantnag.

Little Nihaan Bhat was sleeping in a parked car when he was hit by a bullet. Police say the terrorist was on a bike and opened fire from a pistol on a CRPF patrol. One jawan was killed. The child's killing drew widespread anger and condemnation.

The terrorist believed to be involved in the Anantnag attack escaped yesterday after an encounter with security forces. Police said two other terrorists who were hiding with him at a village were killed.

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News Network
July 5,2020

New Delhi, Jul 5: World's largest, 10,000-bed Sardar Patel COVID Care Centre and Hospital (SPCCCH) at Radha Soami Satsang Beas in Chhatarpur area of the national capital has made operational on Sunday.

Inaugurated by Lieutenant Governor of Delhi, Anil Baijal, the facility has been created on an emergency basis by the South Delhi District Administration with support of the Ministry of Home Affairs in a record time of 10 days.
Notably, this coronavirus treatment centre which is set up in Chhatarpur area of the national capital is said to be the "largest" of its kind in the world.
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"The Sardar Patel COVID Care Centre and Hospital has been developed to help the citizens of Delhi and NCR who are affected by the coronavirus. Our team of doctors and medical staffs will take care of this facility. Sardar Patel COVID Care Centre and Hospital will have 10 per cent of beds with oxygen facility," the Delhi LG said after the inaugural.
Talking about the facilities at the new coronavirus centre, Baijal further stated, "We have counsellors for mentally traumatised patients. We have a team of good psychiatrists and specialists in medicine."

The facility will function as an isolation centre for mild and asymptomatic COVID positive patients. 10 per cent of the beds will have oxygen facility in case the patient develops severe breathlessness and requires tertiary hospital care, read a statement.

Operationally, the facility has been linked to the Deen Dayal Upadhyay Hospital and Madan Mohan Malviya Hospital. The referral tertiary care hospitals are Lok Nayak Jai Prakash Narayan Hospital and Rajiv Gandhi Super Speciality Hospital.

ITBP will be running the first 2,000 beds with their 170 doctors/specialists and more than 700 nurses and paramedics, the statement added.
Most of the basic infrastructure such as beds, mattresses and linen has been donated by various civil society organisations and non-governmental organisations. 

A recreational centre has been made available to the patients along with a library, board games and skipping ropes. People admitted to the facility will be provided five healthy meals a day along with immunity-boosting chawanprash, juices and hot kadha, the statement added.

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