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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Agencies
March 15,2020

New Delhi, Mar 15: The number of novel coronavirus cases in the country rose to 107 on Sunday, with 12 fresh cases in Maharashtra, the Union Health Ministry said.

The number of cases include two persons who died in Delhi and Karnataka.

While a 76-year-old man from Kalaburagi who had recently returned from Saudi Arabia died on Thursday, a 68-year-old woman in Delhi who had tested positive for coronavirus passed away at the Ram Manohar Lohia (RML) Hospital on Friday night.

Delhi has reported seven positive cases and Uttar Pradesh 11 so far. Karnataka has six coronavirus patients while Maharashtra 31, Ladakh three and Jammu and Kashmir 2. Telangana reported three cases.

Besides, Rajasthan also reported two cases. Tamil Nadu, Andhra Pradesh and Punjab have reported one case each.

Kerala has recorded 22 cases, including three patients who were discharged last month after they recovered from the contagious infection with flu-like symptoms.

The total number of confirmed cases includes 17 foreigners -- 16 Italian tourists and a Canadian, the ministry officials said

Amid rising coronavirus cases in India, the government has asked people not to panic, saying no community transmission of the virus has been observed and there has only been a few cases of local transmission so far and that it is "not a health emergency" in India at present.

With the World Health Organisation (WHO) declaring COVID-19 a pandemic, a Health Ministry official said over 4,000 people who had come in contact with the 93 positive cases have been identified through contact tracing and were being tracked while 42,000 people across the country are under community surveillance.

He said all essential facilities like community surveillance, quarantine, isolation wards, adequate personal protective equipment (PPEs), trained manpower, rapid response teams are being strengthened further in all states and union territories.

The government on Wednesday suspended all visas, barring a few categories like diplomatic and employment, in an attempt to prevent the spread of coronavirus.

It has asked Indian nationals to avoid all non-essential travel abroad.

All incoming international passengers returning to India should self-monitor their health and follow the required do's and dont's as detailed by the government.

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News Network
June 18,2020

New Delhi, Jun 18: Republican Party of India (RPI-A) leader Ramdas Athawale on Thursday urged Indians to boycott Chinese food and asked for a ban on all restaurants which serve the cuisine.

"Restaurants selling Chinese food should be banned. Restaurants should be closed by the order of the state government. I appeal to people who consume Chinese food to boycott it," Athawale told ANI here.

The Union Minister also said that both the products which come from China and its literature should also be banned in the country.

"The Chinese literature should also be banned, its products too should be banned and its companies too should not be given business here. We should develop such companies in the country which can manufacture the same products here," he added.

Athawale also warned China to reconsider its actions and stop its nefarious activities on the border by saying, "You took Buddha from us but we don't want yuddha (war) with you. A war will prove to be costly for both countries, economically and loss of lives will also occur. If we (Indians) are not crossing the border then why are you doing so?"

Athawale's statements came after at least 20 Indian Army personnel, including a Colonel rank officer, lost their lives in the violent face-off in the Galwan valley area of Ladakh on June 15.

The clash happened as a result of an attempt by the Chinese troops to "unilaterally change" the status quo during de-escalation in eastern Ladakh and the situation could have been avoided if the agreement at the higher level been scrupulously followed by the Chinese side, India said on June 16.

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News Network
July 16,2020

Mumbai, Jul 16: Poet-activist Varavara Rao has tested positive for Covid-19. The 80-year old, named as accused in the Elgar Parishad case, was shifted to state-run JJ Hospital from Taloja central jail where he was lodged after he complained of dizziness. The hospital conducted tests including one for Covid-19 the results for which confirmed that he is positive.

Dr Ranjit Mankeshwar, the dean of JJ Hospital said, “He has shown no symptoms of Covid-19 so far. He has no breathing difficulty and is stable. We will soon shift him to a Covid hospital.” Rao is likely to be shifted to St George hospital.

Last week, Rao’s family had held a press conference after receiving a call from him from prison. His family had then said that his condition was deteriorating and he should be provided immediate medical aid. He was earlier shifted to the hospital when he fell unconscious in jail in May but was discharged within three days. The family had said that he was not provided proper medical treatment.

Last month, a special court had rejected his interim bail plea where he had cited his susceptibility to the virus due to his age and other medical conditions. The court, however, had said the superintendent of prison has been directed to take appropriate measures in such cases where medical attention is required. Before he was shifted to the hospital on Tuesday, Rao was admitted to the hospital ward of the jail and as he had been unable to do basic chores without depending on other inmates.

An appeal against the special court’s order is pending before the Bombay High Court. The plea is likely to be heard tomorrow.

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Naresh
 - 
Thursday, 16 Jul 2020

Real criminals got bail or they r free from jail becoz of corona. Varavara rao and other innocents under custody.

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