Voters have right to know criminal antecedents of candidates: Supreme Court

Agencies
August 28, 2018

New Delhi, Aug 28: The Supreme Court today said the voters have a right to know the antecedents of candidates and the Election Commission could be asked to direct political parties to ensure that persons, facing criminal charges, do not contest on their tickets using their poll symbols.

After making these observations, a five-judge constitution bench headed by Chief Justice Dipak Misra reserved the judgement on a clutch of petitions after the parties including the poll panel and the Centre concluded their arguments.

The top court is dealing with the question whether a legislator facing criminal trial can be disqualified at the stage of framing of charges in a case. Presently, lawmakers are barred at the time of conviction. 

The bench's observation on the voters' right to know the candidates came in the backdrop of strong opposition from the Centre that the judiciary should not venture into the legislative arena by creating a pre-condition which would adversely affect the right of the candidates to participate in polls.

"The intention of the Lordships is laudable. But the question is whether the court can do it. The answer is 'no'," Attorney General K K Venugopal, representing the Centre, told the bench, which also comprised Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra.

He was responding to a suggestion by the bench that persons, facing criminal charges, would be free to contest, but they cannot do so on party ticket using the party election symbol.

"The voters have the right to know the candidates. Actually, a party can allow a person to contest on its ticket. But a person cannot contest on its ticket if he discloses the criminal antecedent," the bench said, adding that this direction may be given by the Election Commission to the political parties.

"They (people facing criminal charges) can contest elections, but they will not contest on the party ticket because he has this kind of stigma," the bench said.

Referring to the concept of presumption of innocence until a person is proven guilty, Venugopal said depriving a person from contesting elections on a party ticket would amount to denial of the right to vote, which also included the right to contest.

He referred to various judgements and said the expression of criminal antecedent was "extremely vague". Moreover, "presumption of innocence is central to our criminal jurisprudence. A person is innocent until proven guilty." 

The courts will have to presume innocence in view of the fact that in 70 per cent cases, accused are being acquitted, he said, adding that the high rate of acquittals could be due to deficiencies in the judicial system.

Parliament has made a distinction between an accused and a convict and there has been a provision for disqualification in the Representation of Peoples Act upon conviction of a lawmaker, he said.

The bench took note of Venugopal's submissions and asked his son and senior advocate Krishnan Vengopal, who is representing a PIL petitioner, to address on the objections raised by the government.

"The arguments (of the Centre), if I understood correctly, is two folds. Going back from the conviction stage to charge framing stage (for disqualifying a lawmaker) is against the concept of presumption of innocence," Justice Nariman said.

The judge also posed whether the court would not be "creating another" kind of disqualification by denying a person facing criminal charges to contest on a party ticket and symbol.

"Can we add or attach more conditions," the bench asked, adding whether the court, expressing concern over rising population, can ask the poll panel to ensure that candidates, having more than two children, do not contest panchayat polls.

Senior advocate Meenakshi Arora, appearing for the poll panel, took a view which was apparently opposite to the Centre and said the recommendations for decriminalising politics were made by the Election Commission and the Law Commission way back in 1997 and 1998, but no action was taken on them.

She exhorted the court to issue the direction in the matter besides asking Parliament to make the suitable law.

"We cannot comment on Parliament," the bench said, while reserving the order. 

The bench was hearing the PILs filed by NGO 'Public Interest Foundation' and Upadhyay.

Senior advocate Krishnan Venugopal, appearing for BJP leader Ashwini Upadhyay, said the court may ask the poll panel to ask political parties not to allow tainted candidates to contest on their tickets and symbols. "Can the court allow a person, against whom charges have been framed, to become a judge. The answer is 'no'".

The principle that "Caesar's wife must be above suspicion" should be made applicable in case of politicians also, he said.

The bench responded by saying that due to this, it was contemplating that political parties be asked to disclose the antecedents of their members so that the electors "have the right to informed choice".

"We will see as to what we can do on disclosure," the bench said, adding that the parties may be asked to put the information about their members well in advance before the elections.

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News Network
March 4,2020

New Delhi, Mar 4: The government on Wednesday permitted NRIs to own up to 100 per cent stake in disinvestment-bound Air India.

The decision comes at a time when the government is looking to sell 100 per cent stake sale in the national carrier.

Union minister Prakash Javadekar said the Cabinet has approved allowing Non-Residents Indians (NRIs) to hold up to 100 per cent stake in Air India.

Allowing 100 per cent investment by Non-Resident Indians (NRIs) in the carrier would also not be in violation of SOEC norms. NRI investments would be treated as domestic investments.

Under the Substantial Ownership and Effective Control (SOEC) framework, which is followed in the airline industry globally, a carrier that flies overseas from a particular country should be substantially owned by that country's government or its nationals.

Currently, NRIs can acquire only 49 per cent in Air India. Foreign Direct Investment (FDI) in the airline is also 49 per cent through the government approval route.

As per the existing norms, 100 per cent FDI is permitted in scheduled domestic carriers, subject to certain conditions, including that it would not be applicable for overseas airlines.

In the case of scheduled airlines, 49 per cent FDI is permitted through automatic approval route and any such investment beyond that level requires government nod.

On January 27, the government came out witha Preliminary Information Memorandum (PIM) for Air India disinvestment. It has proposed selling 100 per cent stake in Air India along with budget airline Air India Express and the national carrier's 50 per cent stake in AISATS, an equal joint venture with Singapore Airlines.

Under the latest disinvestment plan, the successful bidder would have to take over only debt worth Rs 23,286.5 crore while the liabilities would be decided depending on current assets at the time of closing of the transaction.

This is the second attempt by the government in as many years to divest Air India, which has been in the red for long.

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Agencies
May 31,2020

New Delhi, May 31: A low pressure area formed over Arabian sea and Lakshadweep is likely to intensify further into a cyclonic storm and reach coastal states of Maharashtra and Gujarat next week, the Indian Meteorological Department (IMD) said on Sunday.

Sunitha Devi, in charge of cyclones at IMD, said, "A low pressure area has formed over southeast and adjoining east central Arabian sea and Lakshadweep area. It is very likely to concentrate into a depression during the next 24 hours and intensify further into a cyclonic storm during subsequent 24 hours."

She added, "It is likely to move nearly northwards and reach near north Maharashtra and Gujarat coasts by 3rd June."

A low pressure area and a depression are the first two levels on the IMD's eight-category scale used to classify cyclones based on their intensity.

The weather bureau said that the sea condition will be very rough and advised fishermen not to venture into the sea till June 4.

It has forecast heavy to very heavy rainfall over south coastal Maharashtra for June 2-4, on north coast on June 2-3 and in Gujarat, Daman and Diu and Dadar and Nagar Haveli on June 3-5.

IMD said that under the influence of likely formation of a low pressure system over Arabian Sea, conditions will become favourable from June 1 for onset of monsoon over Kerala.

The arrival date for monsoon in Kerala is around June 1 every year and in Maharashtra around June 10.

On Saturday, a private forecasting agency claimed that monsoon has already hit Kerala, but the assertions were quickly rebutted by the Ministry of Earth Sciences.

"The news about monsoon onset over Kerala in Social Media is not correct. Monsoon has not arrived over Kerala. The greatest enemy of knowledge is not ignorance, it is the illusion of knowledge a"Stephen Hawking," saidAMadhavan Rajeevan, Secretary, Ministry of Earth Sciences.

Kuldeep Srivastava, the head of IMD's Regional Weather Forecasting Centre said that the formation of a low pressure system in Arabian sea and its movement towards Gujarat coast will bring moisture to Delhi-NCR and North West India from June 3.

Two storms are forming over the Arabian Sea, one lies off the African coast and is likely to move over Oman and Yemen, while the other is placed close to India.

The development comes almost ten days after 'Amphan' pummeled four districts of Bengal in the fiercest cyclone in the region in a century, that left 86 people dead and rendered ten million people homeless.

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kushal kumar
 - 
Monday, 1 Jun 2020

                      According  to  IMD  alert  appeared  in  some  newspapers  on  31  May  2020  ,  a  cyclonic  storm  is  brewing  in  the  Arabian  Sea  ,  which  is  likely  to  reach  coastal  districts  of  Gujarat  and  Maharashtra  by  3  June.  It  is  expected  that  the  these  States  would  take  more  care  and  appropriate  strategy  well  in  time  to  combat  the  likely  danger  to  the  coastal  districts  from  cyclonic  storm  designated  as   ‘Nisarga’.  In  this  context  ,  it  may  be  apt  to  refer  readers  to  this  Vedic  astrology  writer’s  predictive  alerts  in  article  -  “  Predictions  for  coming  year  2020  by  kushal  kumar”  -   published  last  year  2019   on  10 October   at   theindiapost.com/articles/predictions-for-coming-year-2020-by-kushal-kumar/.  The  related  text   of  the  predictive  alert   reads  as  follows  in  the  said  article  :-

“  The  next  three  months  from  April  to  June  2020  ,  appears  to  be  a  period  of  time  testing  ‘patience’   and  ‘ perseverance’   ,  introducing  several  parts  of  the  country  to  worrisome  concerns.  Coastal  States  of  India  ,  particularly  those  in  the  southern  part  ,  may  be  called  upon  to  take  more  care  and  appropriate  strategy  against  likely  cyclones  ,  storms  ,  floods  ,  coming  of  danger  via  sea  ,  landslide  and  damage  to  crops   during  April-June  in  2020.  Such  dates  of   month  of  May  as   6 , 7 ,  13 to 16  ,  25  and 26  may  be  watched  with  care.  Similarly  ,  the  dates  3 , 4 ,  11 to 13  ,  21 ,  22  and  26  in  June  2020  may  be  watched  with  care.  Coastal  States /UTs   such  as  Gujarat  ,  some  parts  of  Maharashtra  ……………………………………look  to  be  vulnerable.  It  may  be  apt  for  them  to  take  necessary  precautions  during  May-June ,  2020”. 

                    The  aforesaid  details  suggest  that  the  predictive  alert  of  this  writer   published  last  year  2019  on  10 October  ,  is  coinciding  with  the  alert  of  IMD  appeared  near  about  31 May  ,  2020. 

Kushal  kumar  ,

202- GH28 ,  Mansarovar  Apartments  ,

Sector 20  ,  Panchkula -134116  ,  Haryana.

1 June  ,  2020. 

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coastaldigest.com news network
May 5,2020

Newsroom, May 5: Following the union government's nod, preparations are afoot to bring back Indian nationals stranded abroad from May 7 onwards.

According to sources, in the first phase from May 7- 14, the government would allow more than 60 “non-scheduled, commercial” flights to operate from about 12 countries to India to bring back 15,000 citizens. At least half of those flights will be from the Gulf region, including UAE, Qatar, Saudi Arabia, Bahrain, Kuwait and Oman, while the rest would bring passengers from the U.S., the U.K., Singapore, Malaysia, Philippines and Bangladesh.

The flights would be spread over 10 States identified as having the largest numbers to return, with Kerala, Tamil Nadu and Delhi (NCR) receiving the maximum number of flights.

A meeting held at the Ministry of Civil Aviation looked specifically at flights, mainly operated by Air India, while it awaits a final plan from countries where Indians need to be airlifted from. The first flights planned at present are from Abu Dhabi, Dubai, Riyadh and Doha, flying directly to Kozhikode and Kochi.

While the full estimate of Indians needing to return home could cross ten lakhs (a million), with more than two lakhs having registered to return from the UAE alone, officials said their return would be “prioritised and staggered”.

Flight plan for return of Indian nationals stranded abroad:

Comments

Anwar
 - 
Thursday, 7 May 2020

for Kyrgyzstan

 

https://indembbishkek.gov.in/pages.php?id=226

Anwar
 - 
Thursday, 7 May 2020

For malasia

 

https://hcikl.gov.in/indreg

Prathaban
 - 
Wednesday, 6 May 2020

How to apply malaysia pls give me a registration link

Anwar
 - 
Wednesday, 6 May 2020

For Singapore

https://www.hcisingapore.gov.in/indian_registration

Anwar
 - 
Wednesday, 6 May 2020

Please contact embassy or ministry

Saudi details are here:

 

https://docs.google.com/forms/d/e/1FAIpQLSc_yyVAYPD-VYH98RNOWZkDkGKVsf34qnu0oGoLdtts3RG7_Q/viewform
 

http://www.coastaldigest.com/news/indians-stuck-saudi-arabia-due-lockdown-ought-know-these-things-returning-home

Kotadiya vinit…
 - 
Wednesday, 6 May 2020

I am in singapore 

 

And now my study finished already so how to go back india

Shipra
 - 
Wednesday, 6 May 2020

Please share a link to how to Register 

Rishi kumar sonkar
 - 
Tuesday, 5 May 2020

We want to go back india we are in Kyrgyzstan

how to registe…
 - 
Tuesday, 5 May 2020

how to register ?please share link/details

 

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