Nothing wrong in AAP's foreign funding: Centre to HC

February 18, 2015

New Delhi, Feb 18: The central government Wednesday told the Delhi High Court that the Aam Aadmi Party's (AAP) foreign funds were investigated and nothing was found in violation of the law.Arvind Kejriwal

A division bench of Chief Justice G. Rohini and Justice R.S Endlaw also asked the ministry of home affairs to submit its revised or up-to-date report with regard to its findings in the matter, in a sealed cover by 4 p.m. Wednesday.

The bench reserved the order on the public interest litigation (PIL) that sought a CBI probe into foreign funds the AAP received in the past and now in violation of law.

The PIL was filed by advocate M.L. Sharma against AAP chief Arvind Kejriwal and others saying that AAP has been receiving foreign funds in violation of the Foreign Contribution Regulation Act (FCRA).

The counsel appearing for the Centre told the court that the earlier government had investigated the issue and filed a status report and nothing was found against AAP.

"The issue was investigated, there was nothing which was found out," he added.

Recently, AAP Volunteer Action Manch (AVAM), a group of volunteers who broke away from the AAP in August last year, accused the party of receiving Rs.2 crore in four equal instalments from companies registered in Delhi slums and having the same set of directors.

The group claimed that April 5, 2014, four bogus companies made donations of Rs.50 lakh each through cheques to AAP at midnight.

It alleged that the companies made these donations even though they have not earned profits for two years.

Sharma claimed that it has been revealed that lakhs of phone calls from Dubai and other countries have been made to Delhi, especially to the Muslim community for supporting AAP's election.

"The AAP now has been securing funds from foreign country, especially Muslim terrorist, in cash converting through false cheques as well as phone calls to Delhi from Dubai and other countries...," the plea said.

However, appearing for the AAP, advocate Pranav Sachdeva told the court that the issue of AVAM is being investigated by the government and it has cooperated on the issue.

AAP is the only party which asked the Supreme Court to set up a SIT on funding received by all national and regional political parties, he further said.

The bench after hearing all the parties reserved the order on the PIL and said: "Order reserved. We will pass the order."

The plea named Delhi Chief Minister Arvind Kejriwal, Deputy Chief Minister Manish Sisodia, advocates Shanti Bhushan and Prashant Bhushan and said AAP and its members were promoted and funded by the Central Intelligence Agency (CIA) of the US through various companies and trusts such as the Ford Foundation.

Earlier, the court had directed the central government to go through the details of the money donated to AAP since its inception Nov 26, 2012 and to take action if anything was found in violation of the FCRA.

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Agencies
June 14,2020

Kashmir, Jun 14: An Army personnel was killed and two others were injured as Pakistani troops opened fire and shelled areas along the Line of Control in Poonch district of Jammu and Kashmir, officials said on Sunday.

This is the third fatality in the Pakistani firing and shelling on forward posts and villages in the twin districts of Poonch and Rajouri this month.

The officials said the latest firing and shelling from across the border took place in Shahpur-Kerni sector on Saturday night, drawing strong retaliation by the Indian Army.

Three Indian Army personnel were injured in the Pakistani firing and were immediately evacuated to hospital, where one of them succumbed to injuries, the officials said.

They said the casualties suffered by the Pakistani Army in the retaliatory action were not known immediately.

On June 4, havaldar P Mathiazhagan fell to Pakistani firing in Sunderbani sector of Rajouri district, while on June 10, Naik Gurcharan Singh lost his life in a similar incident in Rajouri sector.

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News Network
June 12,2020

New Delhi, Jun 12: Petrol price on Friday was hiked by 57 paise per litre and diesel by 59 paise a litre as oil companies adjusted retail rates - the sixth straight day of increase in rates since oil firms ended an 82-day hiatus of rate revision.

Petrol price in Delhi was hiked to Rs 74.57 per litre from Rs 74, while diesel rates were increased to Rs 72.81 a litre from Rs 72.22, according to a price notification of state oil marketing companies.

Rates have been increased across the country and vary in each state depending on the incidence of local sales tax or value added tax.

This is the sixth consecutive daily increase in rates since oil companies on Sunday restarted revising prices in line with costs, after ending an 82-day hiatus.

In six hikes, petrol price has gone up by Rs 3.31 per litre and diesel by Rs 3.42.

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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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