Modi bill to weaken Gujarat anti-corruption panel

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April 2, 2013
modi_copyGandhinagar, Apr 2: The Narendra Modi government today introduced a bill in the Gujarat Assembly which curtails the 'primacy' of the Chief Justice of the state High Court and the Governor in the matter of appointment of the Lokayukta.

The Lokayukta Aayog Bill, 2013 proposes to give all the powers of the appointment to a selection committee headed by Chief Minister and wants state Governor to act on the recommendations of this committee.

The new Bill comes after the state government lost a bitter fight legally and politically when Governor Kamla Beniwal, bypassing the state government, appointed Justice R A Mehta as the state Lokayukta which was upheld by the High Court as well as Supreme Court in January this year.

Supreme Court had ruled that primacy of the opinion of Chief Justice of the High Court in the Lokayukta Act was final.

The Gujarat government on the one hand filed curative petition against the Supreme Court order and on the other, has brought this Bill in the Assembly today.

"For the purpose of conducting investigations and inquiries in accordance with the provisions of this Act, the Governor shall, by warrant under his hand and seal and, on the recommendations of a Selection Committee as provided below, appoint a person to be known as the Lokayukta and not more than four other persons each to be known as Up-Lokayuktas," reads the proposed section 3 of the Bill.

Whereas in the existing Gujarat Lokayukta Act, 1986, power of selection and consequent appointment of new Lokayukta has been vested with the High Court Chief Justice and the Governor.

Section 3(1) of the 1986 Act says, "For the purpose of conducting investigation in accordance with the provisions of this Act, the Governor shall, by warrant under his hand and seal appoint a person to be known as Lokayukta."

"...Provided that the Lokayukta shall be appointed after consultation with the Chief Justice of High Court," it further adds.

The new Bill also proposed a special provision which gives pivotal power to the state government in excluding any 'public functionaries' from the jurisdiction of the Lokayukta.

As per another significant provision (Sec 12(8)), whoever discloses to the public or to the press any information or publishes such information in contravention of the provisions of this section should invite two years' imprisonment and also a fine of Rs two lakhs.

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News Network
March 26,2020

New Delhi, Mar 26: Despite repeated assurances by the Centre and state government of no shortage of food and essential services in Delhi, many daily wage earners have started fleeing the national capital on foot to return to their native villages in nearby Uttar Pradesh and other states because of the hardships being faced by them.
Most daily wage earners who are fleeing have complained that they are doing so because they will die of hunger due to lack of resources at their disposal.
"I am going to Azamgarh, my native place which is more than 800 kilometers from here. We have started walking towards our village. On the roads, if we get some vehicles then it will be all right otherwise we will continue on foot. I used to work in the construction sector but all work has stopped, we therefore have no other means to buy our rations. Atleast, food is guaranteed in our homes," Ghanshyam, a daily wage earner, told ANI here.
Rani, another daily wage earner, who was fleeing Delhi along with her family said, "Who would want to leave on foot, but what other options do we have. Our children will die of hunger, even if they are saved from the disease. That is why we are leaving."
While the government has been assuring that it will provide food and other essentials to the low-income groups, the people complained that they are yet to receive any help.
The departing of people has started despite repeated warnings by governments to prevent the influx of persons living in other states to curtail the spread of coronavirus.
Prince, who used to reside in Mongolpuri area of Delhi, said, "If we continue to stay the landlord will pester us for rent. The prices of all commodities are rising with each passing day, this way we will have nothing left to survive. We did not get any help from the government. I am, therefore, returning to Kasganj, which is close to 300 kilometres from Delhi. We will at least get food served twice a day in the village, nobody is offering us even water here."
Earlier on Tuesday, Delhi Chief Minister Arvind Kejriwal had announced Rs 5,000 for each construction worker under Construction Workers Welfare Board Fund.
Addressing a video conference here, he said, "The Delhi government will give Rs 5,000 to each construction worker as their livelihood has been affected due the outbreak of coronavirus."
He also said that the number of night shelters in the city has been increased and more food is being distributed to homeless people.
He also said that due to curfew, several people were not able to get food, and urged the public to send such people to the nearest shelters of the Delhi government, where food was being arranged.

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News Network
February 18,2020

New Delhi, Feb 18: A Delhi court today sent Sharjeel Imam, who has been named as an "instigator" by the Delhi Police in its chargesheet on violent protests against the amended citizenship act at New Friends Colony near Jamia in Delhi last year, to judicial custody till March 3.

Sharjeel Imam was arrested on sedition charges last month.

The Delhi Police has filed a chargesheet before Chief Metropolitan Magistrate Gurmohina Kaur, naming Sharjeel Imam as an instigator of the violence.

It said it has attached CCTV footage, call detail records and statements of over 100 witnesses as evidence in the chargesheet.

The court had on Monday sent Sharjeel Imam to one-day custody of Delhi Police in the case.

Protestors had torched four public buses and two police vehicles as they clashed with police in New Friends Colony near Jamia Millia Islamia in Delhi during the demonstration against the CAA on December 15, leaving nearly 60 people including students, cops and fire fighters injured.

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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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