Govt to appeal against HC order declaring CBI unconstitutional

November 8, 2013

CBI_unconstitutionalNew Delhi, Nov 8: A day after the Gauhati High Court order held as unconstitutional the setting up of CBI, Government today said it will appeal against the verdict.

"...The DoPT intends to file an appeal. So an appeal will be filed against the order (in the Supreme Court)," Law Minister Kapil Sibal told reporters here.

DoPT is the administrative ministry for CBI. Sibal said DoPT has discussed the issue with him and it was decided to file an appeal.

Earlier in the day, Minister of State for Personnel V Narayanasamy met Prime Minister Manmohan Singh apparently to discuss the fallout of the verdict.

"The judgement is patently wrong. It is bound to be set aside. We are certainly going to challenge it and the appeal is likely to be filed in the Supreme Court latest by Monday," Additional Solicitor General P P Malhotra had told PTI.He had appeared before the HC in the case.

In a curious judgement, the Gauhati High Court had yesterday struck down the resolution through which the Central Bureau of Investigation was set up and held all its actions as "unconstitutional".

The judgement by the division bench, comprising justices I A Ansari and Indira Shah, came on a writ petition filed by one Navendra Kumar challenging an order by a single judge of the High Court in 2007 on the resolution through which CBI was set up.

Malhotra contended that the government resolution on the formation of the CBI has been held valid by the Supreme Court time and again in a number of judgements.

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Agencies
July 19,2020

New Delhi, Jul 19: Amid the political firestorm in Rajasthan following Sachin Pilot's rebellion, senior Congress leader Kapil Sibal on Sunday called for amending the anti-defection law to ban all defectors from holding public office for five years and fighting the next election.

Sibal also said that the "antibodies" against the "virus of corrupt means" to topple elected governments lie in amending the Tenth Schedule of the Constitution (anti-defection law).

His attack comes in the wake of Pilot's open rebellion against the Ashok Gehlot government, which has been on shaky ground since, with at least 18 legislators backing the rebel leader.

Pilot was sacked as deputy chief minister and the state Congress chief earlier this week.

The Congress has accused the BJP of making efforts to topple the Gehlot government by indulging in horse-trading.

"Need for Vaccine: Virus of 'corrupt means' to topple elected governments has spread through a 'Wuhan like facility' in Delhi," Sibal tweeted, in an apparent swipe at the BJP.

"Its 'antibodies' lie in amending the Tenth Schedule. Ban all defectors from: Holding public office for five years, fighting the next election," he said.

Taking a swipe at Pilot over his claim that he is not joining the BJP, Sibal on Thursday had asked what happens to his "ghar wapsi" and whether Rajasthan's dissident legislators are vacationing in Haryana under the "watchful eye" of the saffron party.

In the house of 200, the Congress has 107 MLAs, including the 19 dissidents who have been issued notices of disqualification by the speaker and they have challenged them in the high court.

The Congress has maintained the claim that the Gehlot government has the support of 109 MLAs, including the two BTP MLAs.

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abdulkarim bakhar
 - 
Sunday, 19 Jul 2020

I FULLY AGREE WITH MR. KAPIL SIBAL.  IN FACT, IT IS NEED OF THE HOUR TO SAVE OUR DEMOCRACY.

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News Network
March 25,2020

New Delhi, Mar 25: The total number of positive coronavirus cases in India have climbed to 606, said Ministry of Health and Family Welfare on Wednesday.
The total number of active COVID-19 cases in the country so far stands at 553, while the number of people who have been cured or discharged stands at 42.
Ten people have died from the disease while one case has migrated, the Ministry further informed.
Meanwhile, Prime Minister Narendra Modi on Tuesday announced a 21-day lockdown in the entire country to deal with the spread of coronavirus, saying that "social distancing" is the only option to deal with the disease, which spreads rapidly.
In a televised address to the nation, Prime Minister Modi said that it is vital to break the chain of the disease and experts have said that at least 21 days are needed for it.

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News Network
February 28,2020

New Delhi, Feb 28: The Congress on Friday reacted sharply to the petition in the court seeking registration of a First Information Report against Sonia Gandhi, Rahul Gandhi and Priyanka Gandhi Vadra for alleged hate speeches. It said the petition was to save BJP leaders Pravesh Verma, Anurag Thakur and Kapil Mishra, referring to the trio as "PAK".

Congress leader Jaiveer Shergil told news agency, "It is political interest litigation to hide the failure of the government and to put a lid on the BJP's involvement in fuelling the fire in Delhi riots.

"This is to hide and save BJP's PAK -- Pravesh, Anurag and Kapil," said Shergil.

The BJP has two parameters, the laws for the common man and citizens of the country are different from those for the BJP leaders, added Mr Shergil.

The Delhi High Court on Friday issued notices on a petition for the registration of an FIR against Sonia Gandhi, Rahul Gandhi, Priyanka Gandhi Vadra and others on charges of delivering hate speeches.

Congress said that the PIL was politically motivated and the inaction on the hate speeches made by the BJP leaders, which led to the riots, was shocking.

"When there are 48 cases registered, why three cases against the BJP leaders are not registered," asked Mr Shergil.

A Bench of Chief Justice DN Patel sought responses from the Central and Delhi governments apart from Delhi Police on a petition filed by Lawyers Voice. The matter will again be heard on April 13.

The petition also sought a case against Aam Aadmi Party leaders Manish Sisodia and Amanatullah Khan, All India Majlis-e-Ittehadul Muslimeen leaders Akbaruddin Owaisi and Waris Pathan, and lawyer Mehmood Paracha.

"Issue directions to constitute an SIT to look into these hate speeches and take appropriate action. Issue direction to register an FIR against those named in the petition," the petition said.

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