Gujarat snooping scandal reaches the Supreme Court

November 19, 2013

New Delhi, Nov 19: The Gujarat snooping controversy today reached the Supreme Court with a suspended IAS officer Pradeep Sharma urging it to take cognisance of audio tapes aired by news portals saying it contains proof of how the state government had tried to frame him in "frivolous" cases.

snooping

A bench headed by Chief Justice P Sathasivam asked Sharma to file an affidavit after the Gujarat government counsel submitted that no oral arguments should be allowed to be made till something is placed on record.

At the outset, advocate Prashant Bhushan, appearing for Sharma, submitted that an important development has taken place (referring to audio tapes) since the last hearing and the case needs to be heard urgently.

The bench, also comprising justices Ranjana Prakash Desai and Ranjajan Gogoi, then asked Sharma to file affidavit and posted the case for hearing in the first week of December.

Two investigative portals, Cobrapost and Gulail, had claimed on November 15 that Amit Shah, the former home minister of Gujarat and Modi's close aide, had ordered illegal surveillance of a woman at the behest of one "saheb" and they had released taped conversation between Shah and an IPS officer to back up their claim.

Sharma, a 1984 batch IAS officer, is facing five criminal cases including a case for alleged irregularity in land allotment to private firms in Kutch district in 2008.

In his petition, he had made some references to the personal life of Modi but the court on on May 12, 2011 had directed him to remove those portions, which was accepted.

Sharma, who last served as Bhavnagar Municipal Commissioner, was arrested on January 6, 2010 in a case involving alleged irregularities in Kutch earthquake rehabilitation.

The IAS officer in his petition, however, alleged that he is being targeted by Modi government because his younger brother Kuldip Sharma, a senior IPS officer in the state, has "unmasked" many misdeeds of Modi since Godhra riots. Sharma sought that probe in these cases be handed over to CBI.

"The petitioner happens to be the brother of Kuldip Sharma who has unmasked many misdeeds of Narendra Modi and Amit Shah, the ex-Home Minister, since the 2002 Godhra riots.

"The two siblings have been very close to each other right from childhood and share very strong fraternal bonds. In order to cause prejudice to Kuldip Sharma, the petitioner has been victimised by Chief Minister Narendra Modi and Amit Shah," the petition said.

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February 2,2020

Lucknow, Feb 2: In an early morning firing at Lucknow's Hazratganj, the city centre, Vishva Hindu Mahasabha state president Ranjit Bachchan was killed while he was out on a morning walk on Sunday.

Ranjit Bachchan was taking a stroll in Hazratganj in the morning when bike-borne assailants opened fire on him and killed him on the spot. The Mahasabha leader was shot in the head multiple times.

The incident took place near the CDRI building in Lucknow's Hazratganj.

In the firing, Ranjit Bachchan's brother also suffered bullet injuries. He has been rushed to the trauma centre. Ranjit Bachchan was a resident of Gorakhpur.

The early morning shootout in the Uttar Pradesh capital's central area has caused tension in the area.

Dinesh Singh, DCP Central Lucknow, said, "The body has been identified as of Ranjit Bachchan, who had gone out on morning walk when some unknown assailant shot him. A police team has been formed and further investigation is being carried out."

Before being associated with the Mahasabha, Ranjit Bachchan was a Samajwadi Party member and was often spotted with former UP chief minister Akhilesh Yadav.

The Samajwadi Party has hit out at the Yogi Adityanath government over the law and order situation in the state and demanded immediate resignation of the government.

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June 29,2020

New Delhi, Jun 29: A disturbing video of a Covid-19 patient, speaking his last words, after his oxygen supply was allegedly cut off, has surfaced on social media. The patient reportedly died after indicating that the oxygen supply to him was cut off despite his requests.

The video has a 35-year-old Covid-19 patient bidding good-bye to his family, from a government hospital bed in Hyderabad. The patient Ravi Kumar can be seen speaking out against the negligence of of the medical staff in providing ventilator support to him when he needed it the most.

The video has led to social media outrage as it attracted public attention towards plight of patients in government hospitals

"I am not able to breathe, I pleaded but they did not continue oxygen for the last three hours. I am not able to breathe anymore daddy, it's like my heart has stopped, Bye daddy. Bye to all, daddy," these were apparently the final words of the man, who spoke in his local dialect, and shared on social media.

Several reports have claimed that the man had been admitted to government Chest hospital, after several private hospitals refused to admit him. His ventilator support was allegedly taken off in the hospital, after which he recorded the video message.

The victim’s family shared the video message for the public to know of the negligence.

Reports have it that Ravi’s covid-19 report, which testes positive, was given to family a day after his death, when 30 of his family members performed the final rites, thus making all of them vulnerable to the virus. Ravi’s father has alleged that the test was done on June 24 and Ravi died on June 26, while the report was given to them on June 27.

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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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