Bribe-givers can’t get away: Manmohan

[email protected] (The Hindu)
October 11, 2012

bribe_ManmohanNew Delhi, October 11: Prime Minister Manmohan Singh on Wednesday said the government was mulling over incorporating provisions in the Prevention of Corruption Act to penalise bribe-givers as well, besides giving the law more teeth to tackle corporates indulging in corrupt practices.

The amended law would give honest public servants more protection, he said, addressing the 19th Conference of the CBI and State Anti-Corruption Bureaux here.

“We are considering amendments to the Act not only in view of the judicial rulings on its provisions but also with the purpose of filling certain gaps in the legislation and bringing it in line with the current international practice.”

Elaborating, the Prime Minister said: “A clear and unambiguous definition of the term ‘corruption’, covering both supply and demand sides, is being sought to be provided. Experience has shown that in a vast majority of cases, it is difficult to tackle consensual bribery and the supplier of the bribe goes scot-free by taking recourse to the provisions of the Act. This would be taken care of in the proposed amendments.”

Pointing out that big-ticket corruption was mostly related to operations by large commercial entities, he said: “It is, therefore, also proposed to include corporate failure to prevent bribery as a new offence on the supply-side. We are also examining how the Act can be amended to protect honest public servants more effectively.”

The Prime Minister, however, cautioned that a “mindless atmosphere of negativity and pessimism” over the issue of corruption was damaging the nation’s image and affecting the morale of the executive. “We need to ensure that even while the corrupt are relentlessly pursued and brought to book, the innocent are not harassed. The importance of making a distinction between bona fide mistakes and a colourable exercise of power in investigation of corruption cases cannot be overemphasised.”

Referring to challenges faced by law enforcement agencies, Dr. Singh said newer modi operandi were being adopted for corrupt activities as faster economic growth over the last two decades had led to newer opportunities for corruption.

“Different sectors of economy follow development models that are increasingly becoming more and more sophisticated. Therefore, in many cases, it would be difficult for the investigating agencies to reach the right conclusions without a firm grasp of the complexities involved in the formulation and implementation of economic policy… I would urge the CBI and other anti-corruption agencies to feel free to engage professionals who have the expertise which can assist them in conducting an impartial enquiry in complex cases.”


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News Network
February 29,2020

Kollam, Feb 29: Seven-year-old Devananda, whose body was found in a lake, was laid to rest at Kudavattoor in the Kollam district of Kerala on Friday evening.

She was laid to rest near her father Pradeep Kumar's house in Kudavattoor. Earlier, the body was kept at her mother Dhanya's house in Ilavoor and Vakkanadu school, where she studied in Class 1, for the public to pay respect.

Hundreds of people visited to pay their last respects to the child.

An intense social media campaign was launched to trace the child after she was reported missing on Thursday morning.

According to police, an autopsy conducted in Thiruvananthapuram Medical College led to a preliminary conclusion that the cause of death was drowning. Residues of mud and silt have been found in her respiratory tract.

Signs of any kind of violence inflicted on the child have been ruled out. The body was released to the family after the autopsy.

Chief Minister of Kerala Pinarayi Vijayan and Opposition leader Ramesh Chennithala, BJP state president K Surendran were among many politicians who offered the condolences.

Many celebrities including Mammootty, Dulqar Salman, Kunchako Boban took to Facebook to pay their tribute to Devananda.

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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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News Network
June 8,2020

Jaipur, Jun 8: An inquiry has been initiated against staff of a private hospital in Rajasthan's Churu district after receiving screenshots of a purported WhatsApp chat in which they allegedly discussed about not attending to Muslim patients affected by COVID-19, police said on Sunday.

Screenshots of the chat between the hospital staff had gone viral following which an investigation has been initiated, they said.

Dr Sunil Choudhary, who runs the Srichand Baradiya Rog Nidan Kendra in Sardarshahar and whose staff purportedly wrote the messages, apologised through a Facebook post, saying the hospital staff did not have any intention to hurt any religious groups.

"We have received a complaint following which we are taking action to register FIR in the matter," Churu Superintendent of Police Tejaswini Gautam said.

Sardarshahar police station SHO Mahendra Dutt Sharma said the police control room had received a complaint regarding screenshots of the chat being circulated on social media. "We are inquiring into the matter. An FIR will be registered against the names mentioned in the WhatsApp chat," Sharma said.

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