Rakesh Asthana appointed CBI special director

New Delhi, Jan 29: The Supreme Court on Wednesday dismissed the plea by Mukesh Kumar Singh, one of the four death row convicts in the Nirbhaya gang rape and murder case, challenging the rejection of his mercy petition by the President.

A three-judge bench headed by Justice R Banumathi said that expeditious disposal of mercy plea by the President doesn't mean non-application of mind by him.

The court also said that alleged sufferings in prison can't be grounds to challenge the rejection of mercy petition.

The bench said all relevant material including judgments pronounced by trial court, high court and Supreme Court were placed before the President when he was considering the mercy plea of the convict.

The bench also comprising justices Ashok Bhushan and A S Bopanna rejected the contentions of the counsel appearing for Singh that entire materials of the case were not placed before the President when he was considering his mercy plea.

The bench, while referring to two files placed before it by the Centre on Tuesday, said that as per the January 15 covering letter which was sent by the Delhi government to the Ministry of Home Affairs, all relevant documents were sent.

The bench noted that detailed judgements of trial court, high court and the Supreme Court, curative petition filed by Singh, his past criminal history and his family background were sent to the Home Ministry by the Delhi government.

"All the documents were taken into consideration by the President while rejecting the mercy petition," the bench said.

The bench also dealt with submissions advanced by the convict's counsel, who had argued that the mercy plea was rejected at "lightning speed".

The bench said that if a mercy petition is expeditiously dealt with, it cannot be assumed that it has been adjudicated upon in a pre-conceived mind.

New Delhi, Mar 11: Jyotiraditya Scindia, the Madhya Pradesh politician whose surprise exit from the Congress has brought the Kamal Nath government to the brink of collapse, joined the Bharatiya Janata Party on Wednesday. Scindia joined the BJP at an event in national capital Delhi in the presence of party chief JP Nadda.

Scindia, who was warmly welcomed by Nadda, described 10 March, the day that he exited from the Congress as one of the two life-changing days of his life. The first, he said, was 30 September 2001 when he lost his father. Scindia underscored that the Congress was not the party that it had been and had been living in denial.

Scindia had ended his 18-year-old association with the Congress on Tuesday after meetings with Home Minister Amit Shah and Prime Minister Narendra Modi.

Scindia’s exit from the Congress was followed by resignation letters by about 22 MLAs who had been sequestered in Karnataka. The resignation letters were, however, sent to the Governor and not the assembly speaker, and threatens to upend the Kamal Nath government which has a wafer-thin majority.

If the resignations are accepted, the effective strength of the MP assembly will come down to 206, leaving the Bharatiya Janata Party (BJP) with a slender majority beyond the halfway mark of 103 with its 107 MLAs. For now, the Congress is trying to persuade the MLAs to not pull down the state government.

In his resignation letter to Congress chief Sonia Gandhi that Scindia put out on Twitter soon after, he alluded to his discomfort in the party over the last year or so. “...as you well know, this is a path that has been drawing itself out over the last year,” he had written in his letter.

It was seen as a reference to the Congress settling for Kamal Nath as the chief minister after the 2018 state elections though it was Scindia who had led from the front to oust the BJP from Madhya Pradesh. Scindia’s supporters had hoped that the Congress would tell Kamal Nath to give up his second charge - as the party chief in the state - but this also didn’t happen.

The first hint that something was amiss came in November last year when Scindia removed a reference to the Congress in his Twitter bio and instead wrote “public servant and cricket enthusiast”. He had then explained the change to an effort to make the Twitter bio shorter.

Jyotyiraditya Scindia’s aunt Yashodhara Raje Scindia appeared to declare soon after that the 49-year-old would join the BJP when she welcomed his resignation, calling it “ghar wapsi” or homecoming. “Jyotiraditya was being neglected in Congress,” Yashodhara Raje Scindia said.

Scindia’s grandmother, Vijaya Raje Scindia, was one of the founders of the Jana Sangh, the precursor to the BJP. His aunt Vasundhara Raje is a former Union minister and ex-chief minister of Rajasthan and another aunt Yashodhara Raje is a former minister in the Madhya Pradesh cabinet.

New Delhi, Jul 24: The Delhi High Court on Friday asked the ICMR to come out with a clarification that mobile number, government-issued identity card, photographs or even a residential proof ought not to be insisted upon for Covid-19 test of mentally ill homeless persons.

According to an Indian Council of Medical Research (ICMR) advisory of June 19, every person who was to be tested for Covid-19 has to provide a government-issued identity proof and should have a valid phone number for tracing and tracking the individual and his/her contacts.

A bench of Chief Justice D N Patel and Justice Prateek Jalan said that ICMR should issue a clarification by way of a circular or an official order that the identity proof, address proof and mobile number are not required for testing mentally ill homeless persons.

The high court said a camp can be organised for testing such persons as is being done across Delhi for others.

"Guidelines have to be given by you (ICMR). You put it in black and white for the states'' benefit. You only need to clarify in two-three lines that mobile number, address proof and identity cards are not required for testing mentally ill homeless persons," it said.

"Use your powers for the public at large. Once you do so (issue the clarification), all states will comply," the bench added.

Additional Solicitor General Chetan Sharma, appearing for ICMR, sought time to take instructions from the government regarding the observations made by the bench.

The high court, thereafter, listed the matter for further hearing on August 7.

The bench was hearing a PIL moved by advocate Gaurav Kumar Bansal seeking directions to ICMR and Delhi government to issue guidelines for Covid-19 testing of mentally ill homeless persons in the national capital.

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The high court on July 9 had asked the ICMR to consider the plight of the mentally ill homeless persons and see whether they can be tested without insisting upon a mobile number, government issue identity card and residential address proof.

The bench had said to ICMR that many homeless mentally ill persons are institutionalised or in shelter homes and therefore, traceable, so there was no need for their identity proof or phone numbers to test them for Covid-19.

In response to the court''s query, ICMR has filed an affidavit stating that the purpose behind the submission of government identity card and telephone number was to ensure proper tracking and treatment of positive cases and their contacts as ''Test/Track/Treat'' is the best strategy for control of Covid-19 pandemic. 

It further said that since health was a state subject, the concerned state health authority may consider adopting a suitable protocol to ensure that the strategy of ''Test/Track/Treat'' is followed and the grievance raised in the PIL is also addressed.

ICMR, in its affidavit, has said that it has only advised facilitating contact tracing as well as tracking of the Covid-19 infected patients.

"The modalities regarding the contact tracing as well as tracking of the Covid-19 infected patients completely falls under the domain of IDSP. NCDC and state health authorities. 

"ICMR is a research organization and the contact tracing, as well as tracking of the Covid-19 infected patients, is not under the domain of ICMR," it has said in its affidavit.

Bansal has claimed in his petition that the Delhi government has not taken seriously the lack of guidelines with respect to Covid-19 testing of mentally ill homeless persons.

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He has said the high court had on June 9 directed it to address the grievances raised by him in another PIL with regard to mentally ill homeless persons in accordance with law, rules, regulations and government policy.

He said that on June 13 he also sent a representation to the Chief Secretary of Delhi government for providing treatment to mentally ill homeless persons in the national capital who have no residence proof. 

However, nothing was done by the Delhi government, he had told the court.