2G accused rakes up Gauhati HC order to seek stay on trial

November 8, 2013

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New Delhi, Nov 8: Former Telecom Minister A Raja and other accused in the 2G scam today pushed for a stay on the proceedings of the case in a Delhi court in the wake of the ruling of the Gauhati High Court holding as "unconstitutional" the setting up of the CBI.

In a related development, Congress leader Sajjan Kumar wanted the court to declare as "illegal" the probe and charge sheets filed by the CBI in a 1984 anti Sikh riots case against him in the wake of the High Court verdict.

Raja and other 2G accused including top corporate executives said continuance of the trial in the case which has been probed by CBI would amount to contempt of court.

"Before we proceed today I want to mention that the nation today woke up with banner headlines in newspapers that the CBI is not police.

"By coincidence the chief Investigating Officer happens to be in the court today and in view of the Gauhati High Court judgement we should not proceed with the proceedings otherwise it would be a contempt of court," Majeed Memom, appearing for accused Swan Telecom Promoter Vinod Goenka, told the court.

"Sir, I can show you the judgement here," Raja's counsel Manu Sharmahe told Special CBI Judge O P Saini who declined their oral plea to halt the trial and went on with the testimony of Chief Investigating Officer and CBI SP Vivek Priyadarshi.

"I have read the newspaper but I cannot go by the media reports," the judge said.

At the end of the day, the defence lawyers placed before the court judgement of the high court and said they will move a formal application in this regard in the court on Monday.

In its judgement, the High Court has struck down the 1963 resolution through which the Central Bureau Investigation (CBI) was set up and held all its actions "unconstitutional".

The Centre has decided to file an appeal in the Supreme Court against the High Court verdict.

Kumar's counsel mentioned the judgement before District Judge J R Aryan and said if CBI itself is unconstitutional, its probe and charge sheets are also illegal.

The judge, however, said the effect of this judgement is not clear at this stage as it is too early and asked the counsel to proceed with the case which will now come up for hearing on November.

The court had earlier framed various charges including murder and rioting against Kumar, Brahmanand Gupta, Peru, Khushal Singh and Ved Prakash in connection with killing of a man in Sultanpuri area in the riots that had occurred after the assassination of the then Prime Minister Indira Gandhi on October 31, 1984. Accused Khushal Singh has died.

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March 24,2020

New Delhi, Mar 24: Thirty-two states and Union Territories (UTs) have announced complete lockdown to check the spread of the coronavirus in the country, informed the Central government on Tuesday.
There is a complete lockdown in as many as 560 districts of the country affecting several hundred million people.
Earlier, the complete lockdown was imposed in 30 districts, as of now, almost the entire country is in lockdown to restrict public movement in an attempt to break the chain of transmission of coronavirus.
Three states -- Uttar Pradesh, Madhya Pradesh and Odisha -- have announced lockdown in select districts with the governments continuously monitoring the situation and ready to extend the restrictions to other districts as well.
The Union Territory of Lakshadweep has announced restrictions on certain activities.
The Indian Railways has suspended all passenger train operations till March 31 in view of coronavirus.

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Agencies
August 2,2020

New Delhi, Aug 2: India's COVID-19 tally crossed the 17 lakh mark with 54,736 positive cases and 853 deaths reported in the last 24 hours.

"The total COVID-19 cases stand at 17,50,724 including 5,67,730 active cases, 11,45,630 cured/discharged/migrated and 37,364 deaths," said the Union Health and Family Welfare Ministry.

As per the data provided by the Health Ministry, Maharashtra -- the worst affected state from the infection -- has a total of 1,49,214 active cases and 15,316 deaths. A total of 4,31,719 coronavirus cases have been recorded in the state up to Saturday, as per the state health department.

Tamil Nadu has a total of 60,580 active cases and 4,034 deaths.

In Delhi, the total cases rose to 1,36,716, including 1,22,131 recovered/discharged/migrated cases and 3,989 deaths. There are 10,596 active cases in the national capital.

The total number of COVID-19 samples tested up to August 1 is 1,98,21,831 including 4,63,172 samples tested yesterday, said the Indian Council of Medical Research (ICMR) on Sunday.

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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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