Mallikarjun Kharge to be on CIC selection panel

November 4, 2014

New Delhi, Nov 4: Leader of Congress in Lok Sabha Mallikarjun Kharge has been inducted into the three-member selection committee which will select the Chief Information Commissioner.

Mallikarjun KhargeAs per file notings, Prime Minister Narendra Modi, who heads the panel, has nominated Defence Minister Arun Jaitely besides Kharge to the committee.The decision to include Kharge has been taken on the advice of Law Ministry as there was lack of clarity on the Leader of Opposition in Lok Sabha.

The RTI Act requires that selection of the Chief Information Commissioner be done by a three-member panel comprising the Prime Minister, who shall be the Chairperson of the committee, Leader of Opposition in Lok Sabha and a Cabinet Minister to be nominated by the Prime Minister.

"For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the House of the People has not been recognised as such, the Leader of the single largest group in opposition of the Government in the House of the People shall be deemed to be the Leader of Opposition," the Act says.

The file notings accessed by activist Commodore (Retd) Lokesh Batra show that the Lok Sabha Secretariat had conveyed to DoPT on June 19, 2014, that "as on date, there is no Leader of Opposition in Lok Sabha. Indian National Congress with a strength of 44 mmbers is, however, the single largest party in opposition to the Government in Lok Sabha.

"As per the information received from the party, Mallikarjun Kharge is the Leader of Indian National Congress in Lok Sabha which is the single largest party in opposition in Lok Sabha."

After receiving the response, DoPT had referred the matter to Law Ministry seeking to know whether leader of single largest party can be "treated" as leader of "single largest group" in the Lok Sabha for the purpose of the RTI Act?

"Our answer to the query is in the affirmative. We, however, clarify that this answer is only for the limited purpose of the RTI Act [explanation below Section 12(3)] and not for any other purpose," the Law Ministry said in its advice to Department of Personnel and Training.

The Law Ministry had also made it clear that the term "single largest group in opposition", as mentioned in the RTI Act, is not defined either in the RTI Act, Acts pertaining to functioning of MPs and Parliament and compilations of "Directions by the Speaker of Lok Sabha".

It said it relied on the response of the Lok Sabha Secretariat saying Kharge was the leader of Congress which was the single largest party in opposition.

The Department of Personnel and Training (DoPT), the nodal ministry for RTI matters, has invited applications from the people in a given format before November 24.

According to the Act, the Chief Information Commissioner (CIC) shall be a person of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass-media or administration and governance.

All the CICs appointed so far have been retired bureaucrats. The position has been lying vacant after Rajiv Mathur, former Chief of Intelligence Bureau, retired on August 22.

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News Network
June 22,2020

New Delhi, Jun 22: The Delhi Police Monday urged the Delhi High Court to grant them a day’s more time for seeking instructions on a plea by Jamia student Safoora Zargar, who was pregnant and arrested under the anti-terror law --UAPA--, seeking bail in a case related to communal violence in northeast Delhi during protests against the Citizenship Amendment Act in February.

Justice Rajiv Shakdher, who conducted the hearing through video conferencing, allowed the request after Zargar’s counsel said she has no objection to it and listed the matter for Tuesday.

Zargar, M Phil student of Jamia Millia Islamia University, is more than four months pregnant.

During the hearing, Solicitor General Tushar Mehta, representing the Delhi Police, sought a day’s time to take instructions on the issue and said it will be in “larger interest” if he is given indulgence.

Additional Solicitor General (ASG) Aman Lekhi also joined Mehta and said they are ready with the arguments on merits of the case but they do not intend to proceed on merits at this stage.

Advocate Nitya Ramakrishnan, appearing for Zargar, said the woman is in a delicate state and is in a fairly advanced stage pregnancy and if the police need time to respond to the plea, she be granted interim bail for the time being.

The high court asked Solicitor General (SG) Tushar Mehta to come back with instructions on Tuesday.

The police has also filed a status report in response to the bail plea.

Jamia Coordination Committee member Zargar, who was arrested by the Special Cell of Delhi Police on April 10, has challenged in the high court the June 4 order of the trial court denying her bail in the case.

The hearing in the high court also witnessed exchange of words between Mehta, Lekhi on one side and Delhi government standing counsel (criminal) Rahul Mehra who objected the appearance of the two senior law officers on behalf of Delhi Police in the case.

Mehra contended that unlike another North East Delhi violence matter in which requisite approval was sought by the Delhi Police to be represented by a team of lawyers led by the Solicitor General, no such procedure was followed in this case.

"They know that my view in such cases will be more humanitarian and not as per their whims and fancies. I am not supposed to be the mouth piece of the Delhi Police, I am an officer of the court," he said.

Lekhi shot back "a client chooses the lawyer and a lawyer cannot impose himself on the client.

He said this controversy would deviate the court from the issue in hand and Mehra's objection can be kept aside in this case.

The high court concluded the hearing, asking the counsel for Delhi Police to sort out their battles by tomorrow.

 The trial court, in its order, had said “when you choose to play with embers, you cannot blame the wind to have carried the spark a bit too far and spread the fire.”

It had said that during the course of investigation a larger conspiracy was discernible and if there was prima facie evidence of conspiracy, acts and statements made by any one of the conspirators, it is admissible against all.

The trial court had said that even if there was no direct act of violence attributable to the accused (Zargar), she cannot shy away from her liability under the provisions of the Unlawful Activities (Prevention) Act (UAPA).

However, the trial court had asked the concerned jail superintendent to provide adequate medical aid and the assistance to Zargar.

The police had earlier claimed that Zargar allegedly blocked a road near Jaffrabad metro station during the anti-CAA protests and instigated people that led to the riots in the area.

It further claimed that she was allegedly part of the “premediated conspiracy” to incite communal riots in northeast Delhi in February.

Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and scores injured.

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News Network
April 15,2020

New Delhi, Apr 15: A day after Prime Minister Narendra Modi announced the extension of COVID-19 lockdown till May 3, the Ministry of Home Affairs (MHA) on Wednesday issued consolidated revised guidelines on measures to be taken by Ministries and Departments of Government of India, state and Union Territory governments and authorities for the containment of COVID-19.

As per the guidelines, all domestic and international air travel of passengers (except for security purposes), passenger movement by trains (except for security purposes), buses for public transport, metro rail services will remain prohibited.

It stated that all educational, training, coaching institutions etc. shall remain closed. Inter-district and inter-state movement of individuals except for medical reasons or for activities permitted under guidelines shall remain prohibited.

Taxis (including auto-rickshaws and cycle rickshaws) and services of cab aggregators to remain prohibited until May 3.

Also, all cinema halls, malls, shopping complexes, gymnasiums, sports complexes, swimming pools, entertainment parks, theatres, bars and auditoriums, assembly halls and similar places shall remain closed.

All social/political/sports/entertainment/academic/cultural/religious functions/other gatherings will also not be allowed.

"All religious places or places of worship shall be closed for public. Religious congregations are strictly prohibited. In the case of funerals, a congregation of more than 20 persons will not be permitted," the guidelines stated.

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News Network
March 31,2020

New Delhi, Mar 31: At least 24 people staying at Markaz building in Nizamuddin area of the national capital have tested positive for coronavirus, Delhi Health Minister Satyendar Jain on Tuesday.

"All of them are being screened. We are not certain of the number but it is estimated that 1500-1700 people had assembled at the Markaz building. 1033 people have been evacuated so far - 334 of them have been sent to the hospital and 700 sent to quarantine centre. Total 24 positive cases have been found so far," he said while speaking to reporters here.

The minister also slammed the organisers of the religious event saying that they have committed a grave crime.

"The event's organisers committed a grave crime. Disaster Act and Contagious Diseases Act was enforced in Delhi, no assembly of more than 5 people was allowed. Still, they did this. I have written to Lieutenant Governor to take strict action against them. Delhi government has given an order to file an FIR against the organisers," the Health Minister said.

Earlier, the Delhi government had said: "It has come to our knowledge that administrators of Nizammuddin Markaz violated coronavirus lockdown conditions and now several positive cases have been found. Strong action would be taken against those in charge of this establishment. Delhi government will ask the police to register an FIR against Maulana of Markaz, Nizamuddin." 

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