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Uncertainty Surrounds Hong Kong Activists’ Fate

The 16 pro-democracy activists were among 47 people charged with subversion in relation to an unofficial primary election for Hong Kong’s 2020 Legislative Council (LegCo)….reports Asian Lite News

Fourteen Hong Kong opposition figures were convicted on Thursday under Beijing’s controversial national security law, the South China Morning Post reported.

Meanwhile, former district councilors Lawrence Lau and Lee Yue-shun were acquitted, becoming the first to do so after trial since the legislation was implemented in June, 2020.

The 16 pro-democracy activists were among 47 people charged with subversion in relation to an unofficial primary election for Hong Kong’s 2020 Legislative Council (LegCo).

The 16, which include former lawmakers Leung Kwok-hung and Helena Wong, had contested the charge while the remaining 31 pleaded guilty before the start of the four-month trial, the Post reported. The charge carries a maximum sentence of life imprisonment.

The landmark case saw the highest number of activists ever charged under the national security law at one time since it was imposed in response to mass pro-democracy protests.

The national security law has made it easier for the Chinese authorities to crack down on activists for behaviour they class as secession, subversion, terrorism or collusion with a foreign power.

ALSO READ: Xi’s authoritarian push backfires internationally

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-Top News Legal USA

Louisiana House passes bill making abortion pills controlled substances

Abortion.

Sponsored by Republican state Sen Thomas Pressly, Senate Bill 276 aims to criminalize the administration of abortion medication without consent….reports Asian Lite News

The Louisiana state House recently approved an amended bill that could have profound implications for reproductive rights and healthcare in the state. This bill, which passed with a vote of 64-29, seeks to classify the abortion-inducing drugs misoprostol and mifepristone as Schedule IV controlled dangerous substances, placing them in the same category as highly regulated drugs such as narcotics and depressants, CNN reported.

Sponsored by Republican state Sen Thomas Pressly, Senate Bill 276 aims to criminalize the administration of abortion medication without consent.

The amendment to classify these drugs as Schedule IV substances was introduced after the bill passed out of the Senate, highlighting the contentious nature of the issue.

Pressly’s motivation for proposing this legislation stems from personal experience, as he revealed that his sister was given misoprostol against her will. It’s important to note that abortion is already banned in Louisiana without exceptions for cases of rape or incest, making this bill even more restrictive, as reported by CNN.

The process of a medication abortion involves taking mifepristone, which blocks the hormone progesterone necessary for pregnancy continuation, followed by misoprostol within the next 24 to 48 hours to induce uterine contractions.

While misoprostol has been available at pharmacies for decades and is approved for various medical uses, including preventing stomach ulcers, its inclusion in this bill as a controlled substance raises significant concerns.

Under the amended bill, possessing these drugs without a valid prescription could result in felony charges, punishable by up to five years in prison and fines of up to USD 5,000. However, there is an exemption for pregnant individuals in possession of mifepristone and misoprostol for their own consumption, and doctors would still be able to prescribe the drugs, according to CNN.

Despite the bill’s passage in the House, it has faced widespread criticism from various quarters. Vice President Kamala Harris condemned the bill as “absolutely unconscionable,” attributing it to the policies of former President Donald Trump. Conversely, the anti-abortion group Susan B. Anthony Pro-Life America celebrated the bill’s passage, framing it as a necessary measure to prevent drug abuse while ensuring access for legitimate medical reasons, such as miscarriage care.

The controversy surrounding the bill has sparked outcry from a group of nearly 270 Louisiana physicians, health care providers, and medical students, who signed a letter expressing concerns over the reclassification of mifepristone and misoprostol. They argue that these drugs have not been shown to have any potential for abuse or dependence and are widely prescribed and taken safely for medical purposes.

In response to these concerns, Pressly defended the bill, asserting that it would not prohibit the prescription or dispensation of mifepristone and misoprostol for legitimate medical reasons. He further stated that the provision would not harm healthcare for women, citing consultations with medical professionals.

If the state Senate accepts the amended bill passed by the House, it will proceed to the desk of Republican Gov Jeff Landry for final approval. If signed into law, Louisiana would become the only state to classify abortion drugs as controlled dangerous substances, potentially setting a precedent for other states to follow suit, CNN reported. (ANI)

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Legal Politics USA

Trump receives NRA endorsement

Trump has pledged to continue to defend the Second Amendment, which he claims is “under siege,”…reports Asian Lite News

Former President Donald Trump urged gun owners to vote in the 2024 election as he addressed thousands of members of the National Rifle Association, which officially endorsed him just before Trump took the stage at their annual meeting in Texas on Saturday.

“We’ve got to get gun owners to vote,” Trump said. “I think you’re a rebellious bunch. But let’s be rebellious and vote this time.”

Trump, in his speech, said the Second Amendment “is very much on the ballot” in November, alleging that, if Democratic President Joe Biden “gets four more years they are coming for your guns, 100% certain. Crooked Joe has a 40-year-record of trying to rip firearms out of the hands of law-abiding citizens.”

The Biden administration has taken a number of steps to try to combat gun violence, including a new rule that aims to close a loophole that has allowed tens of thousands of guns to be sold every year by unlicensed dealers who do not perform background checks.

Trump has pledged to continue to defend the Second Amendment, which he claims is “under siege,” and has called himself “the best friend gun owners have ever had in the White House” as the United States faces record numbers of deaths due to mass shootings. Last year ended with 42 mass killings and 217 deaths, making it one of the deadliest years on record.

The presumptive Republican presidential nominee has been criticized by Biden, specifically for remarks that Trump made this year after a school shooting in Iowa. Trump called the incident “very terrible” only to later say that “we have to get over it. We have to move forward.”

Trump, during his speech, also laced into independent presidential candidate Robert F. Kennedy Jr., calling him “radical left” and “a disaster,” and noting that Kennedy had once called the NRA a ”terror group.”

“Don’t think about it. Don’t waste your vote,” he said. “He calls you a terrorist group, and I call you the backbone of America.” (Kennedy later said in a Fox News interview that he didn’t remember his 2018 tweet. “I don’t consider them a terror group, and I support the Second Amendment,” he said.)

Trump noted he will be speaking next week at the Libertarian Party’s convention and said he will urge its members to vote for him.

“We have to join with them,” he said. “We have to get that 3% because we can’t take a chance on Joe Biden winning.”

Earlier Saturday, Trump’s campaign and the Republican National Committee announced the creation of a new “Gun Owners for Trump” coalition that includes gun rights activists and those who work in the firearms industry.

Biden has made curtailing gun violence a major part of his administration and reelection campaign, creating the White House Office of Gun Violence Prevention overseen by Vice President Kamala Harris. Biden also has urged Congress to ban so-called assault weapons — something Democrats shied from even just a few years ago.

“Tonight, Donald Trump confirmed that he will do exactly what the NRA tells him to do — even if it means more death, more shootings, and more suffering,” said Biden spokesman Ammar Moussa.

When Trump was president, there were moments when he pledged to strengthen gun laws. After a high school mass shooting in Parkland, Florida, that killed 17 people and wounded 17 others, Trump told survivors and family members that he would be “very strong on background checks.” He claimed he would stand up to the NRA but later he backpedaled, saying there was “not much political support.”

On Saturday, Trump also brought up the criminal cases against him as his hush money trial heads into the final stretch next week and accused Democrats of being behind these cases because he is Biden’s opponent.

“Never forget our enemies want to take away my freedom because I will never let them take away your freedom,” he said.

Trump criticized Biden’s border policies, repeating his pledge that he will order the largest domestic deportation operation. He spoke about abortion and warned Republicans not to be so extreme on abortion to remain electable.

“In my opinion, Republicans have not been talking about it intelligently. They haven’t been talking about it with knowledge,” he said. “Remember, speak from your heart. But you also have to get elected again.”

ALSO READ: US Presses Israel for Gaza Strategy Amid Conflict

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-Top News Legal USA

8 US newspapers sue OpenAI over copyright infringement

The lawsuit also includes MediaNews Group’s Mercury News, Orange County Register, and Tribune Publishing’s Orlando Sentinel and South Florida Sun Sentinel, all under Alden Global Capital….reports Asian Lite News

A group of US newspapers has initiated legal action against OpenAI and Microsoft, alleging the unauthorised use of millions of copyrighted news articles to train their AI chatbots.

Filed in a New York federal court on Tuesday, the lawsuit involves publications such as The New York Daily News, Chicago Tribune, and Denver Post, Associated Press reported.

 Frank Pine, executive editor for MediaNews Group and Tribune Publishing, emphasised the substantial investments made in news gathering, expressing concern over tech giants exploiting their content for profit.

The lawsuit also includes MediaNews Group’s Mercury News, Orange County Register, and Tribune Publishing’s Orlando Sentinel and South Florida Sun Sentinel, all under Alden Global Capital.

Microsoft refrained from commenting, while OpenAI hadn’t responded to requests for comment at the time.

OpenAI, FT ink content licensing deal

 The creator of the Artificial Intelligence (AI) chatbot ChatGPT OpenAI on Monday inked a partnership pact with UK-based Financial Times (FT) to licence its content and develop AI tools.

Under this partnership, the global news publisher will licence its material to Sam Altman-run OpenAI to help create generative AI technology that can create text, images and code indistinguishable from human creations.

“Our partnership and ongoing dialogue with the FT is about finding creative and productive ways for AI to empower news organisations and journalists, and enrich the ChatGPT experience with real-time, world-class journalism for millions of people globally,” Brad Lightcap, COO of OpenAI, said in a statement.

In addition, the FT noted that it became a customer of ChatGPT Enterprise earlier this year.

“This is an important agreement in a number of respects. It recognises the value of our award-winning journalism and will give us early insights into how content is surfaced through AI,” said FT Group CEO John Ridding.

OpenAI has entered into multiple agreements with news organisations to licence their content for training AI models.

Axel Springer, the publisher of several media outlets including Business Insider, Politico, and the European publications Bild and Welt, has signed a similar agreement with OpenAI to extract data from its articles.

In December last year, The New York Times sued OpenAI and Microsoft, alleging that the tech companies used millions of articles to build ChatGPT’s underlying models without proper permission.

In the lawsuit, the company said it had been in licensing discussions with Microsoft and OpenAI for months but none had resulted in a resolution.

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-Top News Africa News Legal

Gabon asks Ivory Coast for help to lift AU sanctions

Gabon was suspended from the African Union on August 31 after Nguema overthrew president Ali Bongo, whose family had been in power for 55 years…reports Asian Lite News

Gabon’s transitional president on Thursday asked his Ivory Coast counterpart for help in getting African Union sanctions lifted, during a meeting in Abidjan.

General Brice Oligui Nguema, who came to power in a coup last August, met Ivory Coast’s President Alassane Ouattara during a visit to the country for “work and friendship” from Thursday to Saturday.

“I am asking for the support of my elder here to plead in favor of lifting of the African Union sanctions against Gabon, and I know I can count on you,” the general said, addressing the Ivorian president.

Gabon was suspended from the African Union on August 31 after Nguema overthrew president Ali Bongo, whose family had been in power for 55 years.

He pledged to hand back the oil-rich central African country to civilian rule after a two-year transitional period.

The Economic Community of Central African States (ECCAS), which had also suspended Gabon over the coup, reinstated it in March.

Thursday’s meeting came after Gabon earlier this month launched a national dialogue intended to pave the way for elections in 2025.

In a joint statement to the press, the general said that he had given Ouattara an “update and report” on the “progress of the current dialogue in Libreville.”

He also thanked Ouattara for his “involvement” and “constant willingness to support and accompany the transition process on Gabonese soil.”

For his part, Ouattara told reporters that the meeting led to “fruitful exchanges.”

Ouattara praised Nguema for “the efforts you are making to return to constitutional normality” and for convening an “inclusive national dialogue.”

Gabon’s transitional president also plans to hold talks with the Gabonese diaspora during his visit.

ALSO READ: AU appoints special envoy to combat genocide in Africa

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Crime India News Legal

SC dismisses voter breathalyser test plea

Judges deemed the plea as more of a publicity stunt than a genuine legal concern…reports Asian Lite News

The Supreme Court recently rejected a plea advocating for breathalyser tests of voters queued at polling booths during elections. The petition, presented by the Andhra Pradesh unit of the Janavahini Party, argued that voters should not be permitted to cast their ballots under the influence of alcohol, especially given the imposition of the model code of conduct.

However, Justices Sanjiv Khanna and Dipankar Datta deemed the plea as more of a publicity stunt than a genuine legal concern, echoing the Andhra Pradesh High Court’s earlier decision to dismiss the petition.

The bench expressed skepticism towards the petition’s motives, asserting that the demand for breathalyser tests appeared to be aimed at garnering attention rather than addressing a substantial issue.

They pointed out the existing measures on polling days, such as the enforcement of dry laws and the deployment of police personnel across voting precincts, as sufficient deterrents against alcohol-related interference in the voting process.

Initially filed in the high court, the plea failed to convince the judiciary of its legal merits. The court noted the absence of specific legal provisions obligating the Election Commission of India to implement breathalyser tests at polling booths.

The Janavahini Party’s representation, issued on January 6, urged the Election Commission to adopt such measures to ensure that only sober voters exercised their franchise. However, the high court found this representation lacking in legal grounds.

The Janavahini Party persisted in challenging the Election Commission’s inaction, seeking a court order mandating the deployment of breathalyser devices at polling booth entrances. Their objective was to restrict voting rights to individuals unaffected by alcohol consumption, thereby safeguarding the integrity of the electoral process

 Despite their efforts, both the high court and the Supreme Court ultimately dismissed the plea, underscoring the absence of legal mandates compelling such measures and considering the existing election day protocols as adequate safeguards against alcohol-related disruptions.

‘No anonymous political hoardings’

 The Election Commission of India (ECI) has cracked down on anonymous political hoardings while issuing directions for disclosure of publishers and printers on them for traceability and accountability.

The ECI on Wednesday directed all states and Union Territories to make it mandatory for all parties to clearly publish the identification of the printer and publisher on printed election-related material.

According to the ECI, the directions will be implemented on all political hoardings, ensuring accountability and transparency in the campaign communications.

The decision was taken by the Commission consisting of Chief Election Commissioner Rajiv Kumar, and Election Commissioners Gyanesh Kumar and Sukhbir Singh Sandhu after representations were received in the poll panel stating that in advertising spaces controlled by Municipal authorities, hoardings without the identity of the printer or publisher had been noticed.

The poll panel said that the Representation of the People Act, 1951, unequivocally prohibits the printing or publishing of election pamphlets, posters, placards, or banners without prominently displaying the name and address of the printer and publisher.

This requirement of disclosing the identity of publishers serves as a cornerstone for regulating campaign financing and fixing of responsibility in case content is found unbecoming of the framework of Model Code of Conduct or the statutory provisions, the ECI official added.

It may be recalled that CEC Rajiv Kumar highlighted addressing the issue of misinformation as one of the challenges, along with money and muscle power, for a level playing field.

With this directive, the Commission now has put the accountability on printers, publishers, licensees, contractors of Urban Local Bodies renting out outdoor advertising space for political advertisements published on outdoor media.

This is in continuation of the ECI’s recent advisory vide press note dated 02.04.2024 to editors of all newspapers to be cautious while publishing political advertisements in newspapers.

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-Top News Legal USA

New York City introduces $15 congestion toll

Celebrating the Holiday season in New York City.(photo:IANSLIFE)

The decision was made by the board of the Metropolitan Transportation Authority (MTA), with an 11-1 vote in favor of imposing the toll….reports Asian Lite News

Traveling in New York City is already expensive, but commuters are facing an additional financial burden with the approval of a controversial $15 toll. The toll, set to take effect in mid-June, targets motorists entering the busiest parts of Manhattan, aiming to encourage the use of public transportation and alleviate traffic congestion, ultimately reducing pollution levels.

The decision was made by the board of the Metropolitan Transportation Authority (MTA), with an 11-1 vote in favor of imposing the toll. If implemented, this toll will mark a significant milestone, being the first of its kind in any American city. Similar toll schemes have been successfully implemented in cities like London, Stockholm, and Singapore.

However, before the toll can be implemented, it requires federal approval, and infrastructure for toll collection needs to be established. Under the proposed toll structure, passenger and small commercial vehicles entering Manhattan below 60th Street from Queens, Brooklyn, and neighboring New Jersey will be charged $15 during the day and $3.75 at night.

Trucks and sightseeing buses will face higher fees ranging from $24 to $36 during the day and lower fees at night. Additionally, taxis and rideshare apps like Uber will be authorized to charge passengers $1.25 and $2.50 per trip, respectively, into the congestion zone.

Despite the MTA’s readiness for implementation, criticism of the toll is mounting, especially from commuters already burdened with high travel costs. Several lawsuits have been initiated in opposition to the toll. Nevertheless, the MTA remains determined, with plans to utilize the revenue generated to enhance subway stations, modernize signals, and expand transit systems, aiming to combat congestion while investing in public transportation infrastructure.

ALSO READ: Biden okays $60mn in aid after Baltimore bridge disaster

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-Top News Legal USA

US Takes On Apple In Monopoly Lawsuit

The 88-page suit was filed on Thursday in a New Jersey federal court with 16 state and district attorneys general joining the Department of Justice….reports Asian Lite News

The United States Department of Justice (DOJ) has filed a civil antitrust lawsuit against the tech giant Apple, accusing the company of “stifling” competition to boost its revenues and “illegally monopolising” the US smartphone market, Al Jazeera reported.

The 88-page suit was filed on Thursday in a New Jersey federal court with 16 state and district attorneys general joining the Department of Justice.

At issue is Apple’s most popular product, the iPhone, which is the linchpin of the company’s USD 2.7 trillion valuation. With more than a billion users, Apple has manipulated its share of the market to undermine competitors’ products and advantage its own, according to the DOJ.

Instead of competing with rivals by offering more affordable services, federal and state authorities allege that Apple imposed “a series of shapeshifting rules and restrictions” to “extract higher fees, thwart innovation, offer a less secure or degraded user experience, and throttle competitive alternatives.”

“Consumers should not have to pay higher prices because companies violate the antitrust laws,” US Attorney General Merrick Garland said in a statement. “If left unchallenged, Apple will only continue to strengthen its smartphone monopoly.”

Notably, the suit marks the most ambitious antitrust effort by the Biden administration so far, which has promised to roll back corporate consolidation in sectors such as technology that critics say have made it all but impossible for smaller rivals to compete, as reported by Al Jazeera.

The Biden administration’s antitrust push has already taken aim at corporate behemoths such as Google and Amazon, alongside unsuccessful bids to block acquisition deals by Microsoft and Facebook parent Meta Platforms.

Meanwhile, Apple has disputed that characterization and said that it would “vigorously” defend itself against the suit, which it called “wrong on the facts and the law”.

The California-based company has faced growing scrutiny from anti-monopoly enforcement bodies in Europe, Japan and South Korea.

Apple, a company with annual revenues of about USD 400 billion, has long promoted the strict integration between its products and software, an approach sometimes referred to as a “walled garden”.

The company argues that this helps give users a more seamless experience, but the DOJ said on Thursday that the corporation has achieved its gargantuan status in part by flouting antitrust laws.

“For years, Apple responded to competitive threats by imposing a series of ‘Whac-A-Mole’ contractual rules and restrictions that have allowed Apple to extract higher prices from consumers, impose higher fees on developers and creators, and to throttle competitive alternatives from rival technologies,” Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division said in a press release.

“Today’s lawsuit seeks to hold Apple accountable and ensure it cannot deploy the same, unlawful playbook in other vital markets,” he added.

Following the development, Apple’s stock price fell by little over 3 per cent, Al Jazeera reported. (ANI)

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-Top News Legal USA

Prosecutors open to delaying Trump’s hush-money trial  

The hush-money case is one of four criminal indictments against Trump, the presumptive Republican presidential nominee….reports Asian Lite News

New York prosecutors said Thursday they are open to delaying the start of Donald Trump’s hush-money criminal trial by a month “in an abundance of caution” to give the former president’s lawyers time to review evidence they only recently obtained from a previous federal investigation into the matter.

The Manhattan district attorney’s office said in a court filing that it does not oppose adjourning the trial for 30 days but would fight the defense’s push for a longer delay. Judge Juan Manuel Merchan did not immediately rule.

Jury selection is scheduled for March 25. The hush-money case is one of four criminal indictments against Trump, the presumptive Republican presidential nominee.

Trump’s legal team said it has received tens of thousands of pages of evidence from the U.S. attorney’s office in Manhattan in the last two weeks, including records about former Trump lawyer-turned-prosecution witness Michael Cohen that are “exculpatory and favorable to the defense.” Prosecutors said most of the newly turned over material is “largely irrelevant to the subject matter of this case,” though some records are pertinent.

Trump’s lawyers want a 90-day delay, but they’ve also asked Merchan to dismiss the case entirely, alleging the last-minute disclosures amounted to prosecutorial misconduct and violated rules governing the sharing of evidence. That process, called discovery, is routine in criminal cases and is intended to help ensure a fair trial.

Prosecutors contend Trump’s lawyers caused the problem by waiting until Jan. 18 to subpoena the U.S. attorney’s office for the full case file — a mere nine weeks before the scheduled start of jury selection.

District Attorney Alvin Bragg’s office said it requested the full file last year, but the U.S. attorney’s office only turned over a subset of records. Trump’s lawyers received that material last June and had ample time to seek additional evidence from the federal probe, the D.A.’s office said.

Short trial delays because of issues with evidence aren’t unusual, but any delay in a case involving Trump would be significant, with trial dates in his other criminal cases up in the air and Election Day less than eight months away.

The defense has also sought to delay the trial until after the Supreme Court rules on Trump’s presidential immunity claims, which his lawyers say could apply to some of the allegations and evidence in the hush-money case. The Supreme Court is scheduled to hear oral arguments April 25.

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India News Legal Politics

Complied With SC Direction on Electoral Bonds Data, Says SBI

A total number of 22,217 bonds were purchased during the period April 1, 2019 till February 15, 2024, SBI told the Supreme Court….reports Asian Lite News

The Chairman of State Bank of India (SBI) has filed an affidavit in the Supreme Court apprising that in compliance with the top court’s order, date of purchase of each Electoral Bond, the name of the purchaser and the denomination of the

Electoral Bond purchased has been furnished to the Election Commission of India.

Dinesh Kumar Khara, Chairman of SBI, in the affidavit told the top court that the bank has also furnished the detail to Election Commission regarding the date of encashment of the Electoral Bonds, the name of political parties who have received the contributions and the denomination of the said bonds.

SBI said that the data has been furnished in respect of bonds purchased and redeemed between April 12, 2019 to February 15, 2024.

A total number of 22,217 bonds were purchased during the period April 1, 2019 till February 15, 2024, SBI told the Supreme Court.

“From April 1 to 11, 2019 total number of Electoral Bonds purchased were 3346 and total number of bonds redeemed were 1609,” affidavit stated.

SBI further told the apex court that from April 12, 2019 to February 15, 2024 total number of Electoral Bonds purchased 18,871 and total number of bonds redeemed were 20,421.

The affidavit was filed in compliance of the top court’s direction to the bank to furnish the data of Electoral Bonds to poll panel by March 12.

The Constitution bench of the top court also warned the SBI of contempt of court against it for wilfully disobeying its order in the event of non-compliance with the latest directions.

On Monday the top court dismissed an application of SBI seeking extension of time till June 30 to submit details of Electoral Bonds to Election Commission of India and asked the bank to disclose the details by March 12.

The apex court had also directed that Election Commission of India to compile the information to be furnished by the SBI and publish the details on its official website no later than by March 15, 2024, 5 pm.

In its February 15 judgement, the apex court had set the deadline for SBI as March 6. The apex court had said that by March 13, the ECI shall publish the details of Electoral Bonds on its official website.

The Supreme Court by its February verdict had struck down the Electoral Bonds Scheme which allowed for anonymous funding to political parties, and ordered the SBI to stop issuing Electoral Bonds immediately.

A five-judge Constitution bench of Chief Justice of India DY Chandrachud and Justices Sanjiv Khanna, BR Gavai, JB Pardiwala and Manoj Misra had unanimously quashed the Electoral Bonds scheme as well as amendments made to the Income Tax Act and the Representation of People Act which had made the donations anonymous.

It had asked SBI to furnish details and the details about each Electoral Bonds encashed by the political parties, which shall include the date of encashment and the denomination of electoral bond.

An Electoral Bond is an instrument in the nature of a promissory note or bearer bond which can be purchased by any individual, company, firm or association of persons provided the person or body is a citizen of India or incorporated or established in India. The bonds are issued specifically for the purpose of contribution of funds to political parties.

Various petitions were filed before the top court challenging amendments made to different statutes through Finance Act 2017 and Finance Act 2016 on the ground that they have opened doors to unlimited, unchecked funding of political parties. (ANI)

SC to Hear Pleas Against Election Commissioners’ Act

The Supreme Court on Wednesday agreed to list for hearing on March 15 pleas challenging the Chief Election Commissioner and Other Election Commissioners Act, 2023, which dropped the Chief Justice of India from the selection panel of Election Commissioners.

A bench of Justices Sanjiv Khanna, MM Sundresh and Bela M Trivedi said the matter will be listed for hearing on Friday after advocate Prashant Bhushan, appearing for the NGO Association for Democratic Reforms (ADR), sought an urgent hearing.

The bench said that it had received a message from CJI DY Chandrachud and would list the plea for hearing this Friday.

“I just got the message from the Chief Justice, the matters are listed for Friday,” Justice Khanna told advocate Bhushan.

The petitions were moved by the Association for Democratic Reforms (ADR) and Jaya Thakur (General Secretary of the Madhya Pradesh Mahila Congress Committee), Sanjay Narayanrao Meshram, Dharmendra Singh Kushwaha, and advocate Gopal Singh.

Earlier, the apex court had refused to stay the operation of the Election Commissioner Act, 2023, issued notice to the Centre and sought a response in April.

The pleas challenged the new election commissioners’ law that has dropped the Chief Justice of India from the selection panel for appointing Chief Election Commissioners (CEC) and other Election Commissioners (ECs).

The petitions stated that the provisions of the enactment are violative of the principle of free and fair elections since they do not provide an “independent mechanism” for the appointment of members of the Election Commission of India (ECI).

The petitions said the Act excludes the Chief Justice of India from the process of appointment of the members of the ECI and it’s in violation of the March 2023 verdict of the top court, which had ordered that the appointment of members of the ECI be done on the advice of a committee comprising the Prime Minister, the CJI and the Leader of Opposition in Lok Sabha until a law is made by the Parliament.

By excluding the CJI from the process, the judgement of the Supreme Court stands diluted, as the Prime Minister and his nominee will always be “the deciding factor” in the appointments, said the petitions.

The petitions in particular challenged Sections 7 and 8 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The provisions lay down the procedure for the appointment of ECI members.

They sought direction from the Centre to include the Chief Justice of India in the selection committee for the appointment of the CEC and ECs, which currently consist of the Prime Minister, the Leader of the Opposition in Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.

Earlier, on December 28, the President gave assent to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill 2023.

Notably, on December 21, the Lok Sabha passed the bill to regulate the appointment and service terms of the CEC and ECs.

The Supreme Court, on March 2, 2023, in response to a writ petition, directed that the appointment of CEC and ECs shall be made by the President based on the advice tendered by a committee consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha or leader of the largest opposition party in the House and the Chief Justice of India.

The Act replaced the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. (ANI)

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