Soli Sorabjee backs AAP govt's stand on Jan Lokpal

February 8, 2014

New Delhi, Feb 8: Eminent lawyer Soli Sorabjee today backed the Delhi government's stand that there was no need to take the prior consent of the Centre before introduction of its Jan Lokpal Bill in the Assembly, which it plans to do next week.

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In his opinion given to the Delhi government he said that there are "serious legal infirmities" in the Transaction Business Rules (TBR) of 2002 which requires approval by Central government before passage of certain types of bills.

The Delhi government had asked him whether Rule 55(1) of TBR violates the Constitution and does the Central government have the power to make that rule under section 44 of the Government of NCT of Delhi Act.

"In my opinion there are serious legal infirmities in the said Rule. Neither Article 239AA nor GNCTD Act empowers or requires the Lt Governor to make a reference to the Central Government.

"Consequently, the said Rule is tantamount to conferring veto powers on the proposed state legislation by the Central government upon the mistaken notion that the government of Delhi is a government department working under the control and supervision of the Central Government," Sorabjee said in his opinion.

He said it was beyond his comprehension how reference to the Central government can be brought in by the said rule, which is a "piece of colourable legislation".

The former Attorney General said that in the absence of any prohibition or embargo under the Constitution or the GNCTD Act upon the very introduction of the bill, the TBR rule as framed is "ultra vires" the Constitution and the GNCTD Act.

He also felt that section 22 of the GNCTD Act as a limited application relating only to money bills. Therefore, there is no embargo or restriction of any bill which according to well settled doctrine of pith and substance is not a money bill.

"The assembly's right to introduce a bill or a proposal cannot be curtailed or circumvented directly or indirectly by any rule," he said.

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News Network
April 4,2020

New Delhi, April 4: With 355 new cases reported in the last 12 hours, India's tally of coronavirus positive cases rose to 2,902, said the ministry of Health and Family Welfare on Saturday.

Out of 2,902 cases, 2,650 are active cases and 184 have been cured or discharged or have migrated.

The total number of deaths reported due to the disease rose to 68 on Saturday.

According to the Ministry of Health and Family Welfare, Maharashtra is the worst-hit state with 423 cases. Tamil Nadu is the next most affected state with 411 cases.

The number of COVID-19 cases in Delhi also rose to 386.

The Tablighi Jamaat event in Delhi has emerged as a hotspot for COVID-19 after several positive cases from across India were linked to the gathering including deaths in Maharashtra, Karnataka, and Telangana.

An FIR was earlier registered against Tablighi Jamaat head Maulana Saad and others under the Epidemic Disease Act 1897, in the national capital.

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News Network
March 28,2020

Mumbai, Mar 28: Doctors in Mumbai have not been spared by the novel coronavirus. As Mumbai’s count for Covid-19 cases went up to 58, an octogenarian doctor from Saifee Hospital passed away on Friday. He was a suspected case of coronavirus with co-morbid conditions like diabetes and had a pacemaker implanted, said a press release from the state health department.

As per a statement from Saifee Hospital, he underwent a CT scan at Saifee Hospital and was diagnosed positive for Covid-19. The surgeon was transferred to the special isolation facility at PD Hinduja Hospital where he subsequently died. Behranwala’s close relatives had come down from England and were under quarantine.

In a statement, Saifee Hospital, where Behranwala underwent CT scan, said, "All containment and surveillance measures have been implemented to ensure the safety of our staff patients and visitors. Saifee Hospital reiterates that the Hospital is fully operational," said Dr Vernon Desa, Director (Medical governance and clinical compliance) Saifee Hospital.

In the second case, an Andheri-based doctor, aged 53, has been tested positive along with his 43-year-old wife and 20-year-old daughter. The family doesn’t have a travel history. The doctor reportedly came in contact with the virus through a patient. MCGM has taken samples of 60 patients who came in contact with the doctor. "As of now, no patient from his contact has tested positive," Assistant Commissioner, Vishwas Mote.

Another doctor who practiced at Vakola tested positive after he came in contact with a person having travel history to Italy, later tested positive. The doctor has been admitted at Raheja hospital and samples of his close contact have been taken.

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Agencies
May 31,2020

Mumbai, May 31: Shiv Sena leader Sanjay Raut on Sunday alleged that the event held in Ahmedabad to welcome US President Donald Trump in February was responsible for the spread of coronavirus in Gujarat and later in Mumbai and Delhi, which some of his delegates had visited.

Raut also hit out at the Centre saying that the lockdown was implemented without any planning, but now the responsibility of lifting the curbs was left to the states.

The Sena MP said that despite the opposition BJP's attempts to pull down the Maharashtra Vikas Aghadi (MVA) government, there was no threat to it as its survival is the 'majboori' (compulsion) of all the three ruling allies- Sena, NCP and Congress.

"It can't be denied that the spread of coronavirus in Gujarat was because of the massive public gathering held to welcome US President Donald Trump. Some of the delegates, who accompanied Trump, also visited Mumbai, Delhi, which led to the spread of the virus," Raut said in his weekly column in Shiv Sena mouthpiece 'Saamana'.

On February 24, Trump along with Prime Minister Narendra Modi had taken part in a road-show in Ahmedabad, which was attended by thousands of people. After the road- show, the two leaders had addressed a gathering of over one lakh people at Motera cricket stadium, run by Gujarat Cricket Association (GCA).

Gujarat had reported its first coronavirus cases on March 20, when samples of a man from Rajkot and a woman from Surat tested positive for the disease.

Raut said that any move to pull down the Uddhav Thackeray-led MVA government and impose President's rule in the state citing its failure to curb the coronavirus pandemic would be suicidal.

"The state had witnessed how President's rule was imposed and lifted as per will six months ago," he said.

"If the handling of coronavirus cases is the basis of imposing President's rule, then it should be done in at least 17 states, including the BJP-ruled ones. Even the central government has failed to curb the pandemic as it had no planning to fight the virus," he said.

"The lockdown was imposed without any planning and now without any plan, the responsibility of lifting it has been left to the states. This chaos will further worsen the crisis," he said.

The Sena MP said that Congress leader Rahul Gandhi has made an excellent analysis of how the lockdown has failed.

"It is shocking that people can indulge in politics by demanding President's rule in Maharashtra for the rise in the coronavirus cases," he said.

BJP MP Narayan Rane had recently met Maharashtra Governor B S Koshyari and demanded imposition of President's rule in view of the the Shiv Sena-led state government's "failure" in tackling the coronavirus pandemic. However, the BJP had later said that it was not trying to destabilise the government.

Speaking about the stability of the government, Raut said that the survival of the MVA government was the 'majboori' (compulsion) of each of the three alliance partners.

"Even if there are internal conflicts among the ruling partners, there is no threat to the government as the allies know that its survival is the 'majboori' of each one of them," Raut said.

He said that the Devendra Fadnavis-led government, in which the BJP and Shiv Sena shared power, saw internal conflicts between the ruling allies, but it completed its full five-year term.

Slamming Fadnavis, who is now the Leader of Opposition in the Legislative Assembly, for predicting downfall of the MVA government saying it will fall on its own due to its internal bickering.

"If the Fadnavis government, which witnessed deep internal conflicts between BJP and Sena, didn't fall, how can this one collapse? The Fadnavis government survived despite the (Sena) ministers carrying their resignation letters in their pockets," Raut wrote.

Fadnavis, in an online media interaction held earlier recently, said he had no intention to destabilise the MVA government and said it would collapse on its own.

"What Fadnavis means is that all attempts (of the BJP) to create discord among the three allies and break the MLAs has failed. Now the opposition hopes that something would happen among the allies and the government would be fall apart," he said.

Raut said NCP president Sharad Pawar is the prominent leader, who laid the foundation stone of the "Thackeray sarkar", and only he can predict the future of the government.

"He continues to say the government is stable and even the Congress is not going anywhere. MVA legislators are not up for sale in horse-trading. Hence, if the opposition says that the government will fall, it is wrong," he said.

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