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ADR Moves Contempt Plea On Electoral Bond Case

Advocate Prashant Bhushan for ADR mentioned the plea before a SC bench and apprised the top court that SBI has filed an application for extension which will be listed on Monday….reports Asian Lite News

The Association for Democratic Reforms (ADR) has moved a contempt petition in the Supreme Court against the State Bank of India for not complying with the top court direction to disclose details of electoral bonds to the Election Commission.

Advocate Prashant Bhushan for ADR mentioned the plea before a bench led by Chief Justice of India DY Chandrachud and apprised the top court that State Bank of India has filed an application for extension which will be listed on Monday.

Advocate Bhushan urged the top court to list ADR’s plea along with SBI’s application. CJI asked advocate Bhushan to complete the pre-listing formalities and then they will consider listing it.

On March 15, the Constitution bench of the Supreme Court asked the SBI to furnish details of the political parties that received Electoral Bonds since April 12, 2019, and all the particulars received and submit them to the Election Commission of India by March 6. This has come when the top court held Electoral Bonds scheme is violative of Article 19(1)(a) and unconstitutional and struck down Electoral Bonds scheme.

As the State Bank of India (SBI) missed the deadline to submit the details, it has moved the Supreme Court seeking an extension of time till June 30 to submit details of Electoral Bonds to the Election Commission of India. SBI in its application said that it needs extra time to disclose details of electoral bonds encashed by political parties.

Now ADR has sought to initiate the contempt proceedings against SBI for not complying the court order and said that it has wilfully and deliberately disobeyed the judgment passed by the Constitution Bench of the top court, and the same not only negates the right to information of the citizens, but also wilfully undermines the authority of the apex court.

ADR, one of the petitioners in the matter, said that two days before the expiry of the stated deadline for State Bank of India (SBI) for submitting information concerning electoral bonds to the Election Commission of India, SBI has filed the application, which is mala fide and demonstrates a wilful and deliberate disobedience & defiance of the judgement passed by the Constitution Bench of the top court. The contempt plea also stated that it is a clear attempt to undermine the authority of the apex court.

ADR submitted that the State Bank of India has deliberately filed the said application at the last moment in order to ensure that the details of donor and the amount of donations are not disclosed to the public before the upcoming Lok Sabha elections. “The said application neither discloses the progress made so far & steps taken to comply with the judgment dated February 15, 2024, nor it shows even part- compliance of the judgment passed by this Court,” ADR said.

SC to hear SBI plea

The Supreme Court will hear a State Bank of India (SBI) plea on March 11 seeking an extension of time until June 30 to submit details of electoral bonds to the Election Commission of India.

A five-judge Constitution Bench led by Chief Justice of India DY Chandrachud will hear the matter on March 11. The Constitution Bench will also hear the Association for Democratic Reforms (ADR) contempt petition on that day too.

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Assam’s Ethnic Groups Stage Anti-CAA Protest Ahead of Modi Visit

All Assam Students’ Union (AASU) and 30 other ethnic organizations hit the streets of Assam to protest against CAA….reports Asian Lite News

Ahead of Prime Minister Narendra Modi’s visit to Assam, All Assam Students’ Union (AASU) and 30 other ethnic organizations on Thursday hit the streets of Assam to protest against the Citizenship Amendment Act (CAA).

The members of AASU earlier in the day took out a bike rally in Guwahati to protest against CAA. The protesters raised slogans against the CAA and demanded the centre to scrap it.

The CAA, introduced by the Narendra Modi government, aims to confer Indian citizenship to persecuted non-Muslim migrants, including Hindus, Sikhs, Jains, Buddhists, Parsis, and Christians, who migrated from Bangladesh, Pakistan, and Afghanistan and arrived in India before December 31, 2014.

Following the passage of the CAA by Parliament in December 2019 and its subsequent presidential assent, significant protests erupted in various parts of the country.

Samujjal Bhattacharya, Chief Advisor of AASU said that All Assam Students’ Union and 30 other ethnic organizations have decided to launch a movement against the CAA and the conspiracy by the Government of India to impose rules under the act.

“Today, the bike rally was held throughout the state in all district headquarters. There will be a series of movements against the CAA in the state. We would like to warn the central government that, the people of Assam and North East won’t accept the CAA because Assam and North East are not the dumping ground of illegal Bangladeshis,” Samujjal Bhattacharya said.

“After the historic Assam Movement Assam Accord was signed, the foreigners’ problem must be solved by implementing all clauses of the Assam Accord. It will be a peaceful, non-violent movement and along with this the legal fight is on,” he said.

PM Modi is set to embark on a two-day visit to Assam commencing on Friday where he will inaugurate and lay the foundation stone of various development projects.

PM Modi will arrive in Kaziranga on Friday evening, and he will stay overnight in the national park, a UNESCO Heritage Site renowned for its one-horned rhinos.

Assam Chief Minister Himanta Biswa Sarma, while addressing a press conference on Thursday said that the PM will arrive in the state on Friday evening and is scheduled to spend at least two hours in the Kaziranga National Park and Tiger Reserve.

“On Friday, at 4 pm PM Modi will arrive at Tezpur airport and will directly go to Kaziranga. On March 9, at around 5:30 am, he will visit Kaziranga National Park and will spend 2 hours. He will go to Arunachal Pradesh from Kaziranga. After attending two programs in Arunachal Pradesh he will again visit Jorhat at around 1:30 pm…” the Assam CM said.

PM Modi will inaugurate the Tinsukia Medical College and lay the foundation stone of Sivasagar Medical College under the PM-DIVINE scheme on Saturday.

“PM Modi will lay the foundation stone for the expansion of Digboi Refinery from 0.65 Million MT to 1 Million MT with a cost of Rs 768 crores. PM Modi will also lay the foundation stone of the expansion of Guwahati Refinery from 1 million MT to 1.2 million MT with a cost of Rs 510 crore. PM Modi will inaugurate the project with a cost of Rs 3,992 crores project of pipeline from Barauni to Guwahati…” Assam CM added.

PM Modi will also address a rally at Meleng Meteli and inaugurate several projects of both centre and state governments.

In addition, PM Modi would perform the ‘Griha Pravesh’ (house-warming) ceremony for the 5.5 lakh houses built under the Pradhan Mantri Awas Yojana (PMAY), lay the foundation stone of Sivasagar Medical College, and address a public gathering at Meleng Meteli Pothar in Jorhat.

On March 9, he will take a Jeep Safari or elephant ride inside the national park.

In view of PM Modi’s visit to Kaziranga National Park and Tiger Reserve in Assam, the jeep safari and elephant ride will remain closed in the Kaziranga range of Kohora from March 7 to 9. (ANI)

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Law Panel May Submit Report on Simultaneous Polls Soon

These proposals echo the sentiments expressed by the 21st Law Commission, which championed the concept of simultaneous polls on the basis of potential cost savings….reports Asian Lite News

The 22nd Law Commission is poised to deliver its final report on the feasibility of simultaneous elections by mid-March, just before the anticipated announcement of the Lok Sabha polls schedule by the Election Commission, as per The New Indian Express. This report seeks to propose constitutional amendments that would enable the implementation of synchronized elections by 2029.

Among the suggested amendments are revisions to the Representation of the People Act, 1951, alongside the introduction of a novel chapter within the constitution aimed at facilitating synchronized elections and the establishment of a unified electoral roll.

Notably, a high-level committee led by former president Ram Nath Kovind has reportedly endorsed most of the recommendations put forth by the Law Commission, lending support to the concept of simultaneous polls. The proposed constitutional amendment is expected to carve out a distinct chapter (Part XV-A) dedicated to addressing the intricacies of synchronized elections, including their sustainability and the creation of a common electoral roll.

Furthermore, the Law Commission is contemplating the establishment of a ‘unity government’ in scenarios where a no-confidence motion or a hung House arises. This proposed government structure would entail representation from various political parties. In the event that the unity government model proves unviable, the commission may advocate for fresh elections to be conducted for the remainder of the House’s term.

These proposals echo the sentiments expressed by the 21st Law Commission, which championed the concept of simultaneous polls on the basis of potential cost savings. However, the Commission also acknowledged the necessity of constitutional reforms to realize this vision. With an eye towards the 2029 Lok Sabha elections, the Commission aims to develop a roadmap that may involve adjustments to the tenures of state assemblies over time, culminating in synchronized elections across the nation.

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Uttarakhand Enacts Law to Compensate for Riot Damages

Under this law, full recovery will be made from the rioters for causing damage to private and government property. ..reports Asian Lite News

Uttarakhand Chief Minister Pushkar Singh Dhami’s government has approved the country’s most stringent law (ordinance) to provide compensation for the entire loss caused during riots.

“The Cabinet has approved the formation of a special tribunal during the Cabinet meeting today with the aim of strictly curbing the cases of riots and unrest, Dhami said.

He said that the “damage caused to public property during the riots would be compensated by the rioters themselves”.

The Chief Minister said, “Those who disturb the peace of the state will have to pay a heavy price and will set an example that will be remembered for years by the generations of rioters who tarnished the sacred land of Devbhoomi”.

After implementing the country’s strictest anti-copying law and passing the Uniform Civil Code (UCC) Bill, Chief Minister Pushkar Singh Dhami’s cabinet passed the Uttarakhand Public (Government) and Recovery of Damage to Private Property (Ordinance) Act 2024 on Monday to stop riots and deal with rioters.

Under this law, full recovery will be made from the rioters for causing damage to private and government property. Apart from this, a huge fine of up to Rs 8 lakh and expenses incurred on government staff and other work in riot control will also be compensated. The Pushkar Singh Dhami Cabinet on Monday approved this law and sent it to the Governor for approval.

With this law, those who cause damage to private and public property during disturbances like riots, strikes, bandhs in the state will be dealt with strictly. In addition to compensation for the loss of government and private property, if someone’s body is mutilated during the riot, the entire cost of treatment will be recovered from the rioter.

Apart from this, the entire expenses incurred during the riots by the police, administration or other agencies for riot control will also be recovered. The government has also decided to impose a fine of up to Rs 8 lakh on the rioters under this law along with other punishment and action.

The government has also approved setting up a formal Claims Tribunal so that strict action can be taken against the rioters through the tribunal. If the government registers a case against the rioters, action will be taken under the Uttarakhand Recovery of Damage to Public and Private Property Ordinance 2024.

The government has also duly approved the Claims Tribunal. Under this tribunal, the recovery will be made from the rioters and their family members as well as their property. An Additional District Magistrate (ADM) category officer has been given the responsibility of Claims Commissioner. The Claims Tribunal also includes members other than the retired judge.

After approving this law in the cabinet, the government has sent it to the Governor for approval. Since the State Legislature is not currently in session, the Governor has the authority to implement this law in the state by using the powers conferred by Clause 1 of Article 213 of the Constitution of India.

After the approval of the Governor, the “Uttarakhand Public and Private Property Recovery Ordinance 2024” will be implemented in the state.

Earlier on Sunday, Dhami distributed appointment letters to eight Assistant Accountants and 342 Gram Panchayat Development Officers of the Panchayati Raj department in the appointment letter distribution ceremony organised by the Panchayati Raj department at the Chief Sevak Sadan located at the Chief Minister’s residence.

While Assistant Accountants have been selected through the Public Service Commission, Gram Panchayat Development Officers have been selected through the Subordinate Services Selection Commission. (ANI)

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Home Ministry to Notify CAA Rules Before Model Code of Conduct

Following the passage of the CAA by Parliament in December 2019 and its subsequent Presidential assent, significant protests erupted in various parts of the country….reports Asian Lite News

The Ministry of Home Affairs (MHA) is expected to announce the Citizenship Amendment Act (CAA) 2019 regulations prior to the enforcement of the model code of conduct, sources said.

The CAA rules, introduced by the Narendra Modi government, aim to confer Indian citizenship to persecuted non-Muslim migrants – including Hindus, Sikhs, Jains, Buddhists, Parsis, and Christians – who migrated from Bangladesh, Pakistan, and Afghanistan and arrived in India before December 31, 2014.

Following the passage of the CAA by Parliament in December 2019 and its subsequent Presidential assent, significant protests erupted in various parts of the country.

Sources privy to the development told the ANI that “the regulations for the CAA could be announced anytime before the enforcement of the model code of conduct”. There is a possibility that the code of conduct might be in place in March.

As per an official, the CAA law can be put into action with the issuance of MHA notifications, allowing eligible individuals to obtain Indian citizenship.

The implementation of the CAA, which has been delayed for over four years, necessitates the formulation of its associated rules.

“The regulations are prepared, and an online portal is already set up for the entire process, which will be conducted digitally. Applicants will need to disclose the year of their entry into India without any travel documents. No additional documentation will be required from the applicants,” stated the official.

On December 27, Union Home Minister Amit Shah had asserted that the implementation of the CAA cannot be halted as it stands as the law of the land. He had also accused West Bengal Chief Minister Mamata Banerjee of misleading the public regarding this matter.

Speaking at a party meeting in Kolkata, Shah emphasized that the BJP is committed to implementing the CAA.

The TMC, led by Mamata Banerjee, has been opposing the CAA.

The assurance of implementing the highly debated CAA was a significant electoral agenda for the BJP during the previous Lok Sabha and Assembly elections in West Bengal. Leaders of the saffron party view it as a credible factor contributing to the BJP’s ascent in the state.

As per the manual of parliamentary procedures, the guidelines for any legislation should have been formulated within six months of receiving the presidential assent, or the government should have sought an extension from the Committees on Subordinate Legislation in both the Lok Sabha and Rajya Sabha.

Since 2020, the Ministry of Home Affairs has been regularly seeking extensions from the parliamentary committees to continue the process of framing the rules associated with the legislation.

Over a hundred individuals lost their lives either during the protests or due to police action subsequent to the passage of the law in Parliament.

During the past two years, over 30 district magistrates and home secretaries across nine states have been authorized with the ability to confer Indian citizenship to Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians arriving from Afghanistan, Bangladesh, and Pakistan under the Citizenship Act of 1955.

As per the Ministry of Home Affairs’ annual report for 2021-22, between April 1, 2021, and December 31, 2021, a cumulative count of 1,414 individuals from non-Muslim minority communities originating from Pakistan, Bangladesh, and Afghanistan were granted Indian citizenship through registration or naturalization under the Citizenship Act, 1955.

Under the Citizenship Act of 1955, Indian citizenship by registration or naturalization is granted to non-Muslim minorities from Pakistan, Bangladesh, and Afghanistan in nine states such as Gujarat, Rajasthan, Chhattisgarh, Haryana, Punjab, Madhya Pradesh, Uttar Pradesh, Delhi, and Maharashtra.

It’s notable that authorities in districts of Assam and West Bengal, both politically sensitive regions on this matter, have not been empowered with these citizenship-granting authorities thus far. (ANI)

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Byju’s Fund Misuse Claims Surface

Byju’s key investors — Prosus, General Atlantic, Sofina and Peak XV — have moved the tribunal against the embattled edtech major over its $200 million rights issue….reports Asian Lite News

Key investors in Byju’s alleged on Tuesday that the Enforcement Directorate (ED) is investigating diversion of funds of over $500 million by the edtech company to a hedge fund in the US.

In the ongoing hearing at the National Company Law Tribunal (NCLT) in Bengaluru, the investors alleged that the address of the hedge fund was a “pancake shop” and its founder “is a 23-year-old without any training”.

“About $533 million has been siphoned off. He (Byju Raveendran) wants us to invest more money. How will we be protected?”

Byju’s key investors — Prosus, General Atlantic, Sofina and Peak XV — have moved the tribunal against the embattled edtech major over its $200 million rights issue.

During the hearing, the investors claimed that “if the amount is parked in their bank account especially when the man is sitting abroad and is not coming to India, it will become irreversible”.

Earlier in the day, the investors argued that the process adopted by Byju’s for its $200 million rights issue is “in breach of laws”.

They said that the board of directors had to call an Extraordinary General Meeting (EGM) of shareholders before the rights issue so that they could vote.

“The board of directors did not call a general body meeting before rights issues as they are aware that the general body is not in their favour,” argued the lawyer on investors’ behalf.

“Our 25.4 per cent stake will come down to 2.5 per cent if we don’t subscribe to the rights issue. If we subscribe, we don’t know what happens to our money,” the investors said.

Byju’s argued that the investors were “forum shopping” by approaching the NCLT.

“If the NCLT passes any order today, it will dilute the order of Karnataka HC,” the company’s lawyer said.

“The investors are not looking at the interest of 100 million students and the 12,000 employees but only at their value maximisation.”

“It has been 21 months since our last capital raise,” the company added.

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Imran Khan, Bushra Bibi Indicted in Pakistan Graft Case

imran khan and wife bushra bibi.

The court has deferred the matter till March 6….reports Asian Lite News

An accountability court in Pakistan on Tuesday indicted former prime minister and jailed PTI founder Imran Khan and his wife Bushra Bibi in the Rs 50 million graft case.

Accountability Court Judge Nasir Javed Rana, while framing charges against Imran Khan and his wife, asked them if they were guilty, which both of them denied.

The court has deferred the matter till March 6.

The case pertains to the settlement of about Rs 50 billion, which the UK’s National Crime Agency sent to Pakistan after recovering the amount from Pakistani property tycoon Malik Riaz Hussain.

The money was said to misappropriated by Imran Khan, the then prime minister.

Imran Khan is the main accused while his wife Bushra, former accountability czar Shahzad Akbar, former aide to premier Zulfiqar Bukhari, Zia Mustafa and Farah Shazadi aka Farah Gogi are co-accused, The Express Tribune reported.

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Amartya Sen Lauds SC Ruling on Electoral Bonds

Amartya Sen expressed relief over the discontinuation of electoral bonds, highlighting the need for greater transparency in political support….reports Asian Lite News

Renowned economist and Nobel laureate Amartya Sen praised the Supreme Court’s recent ruling invalidating the electoral bonds scheme, labeling it a scandal.

Sen, speaking from Massachusetts, USA, emphasized the potential for enhanced transparency in electoral practices.

He expressed relief over the discontinuation of electoral bonds, highlighting the need for greater transparency in political support.

The apex court’s decision, citing violations of constitutional rights, mandates the State Bank of India to divulge details of encashed electoral bonds to the Election Commission by March 6.

Sen lamented the impact of party politics on India’s electoral system, underscoring the challenge faced by ordinary citizens in gaining representation.

He highlighted the influence of the government’s treatment of opposition parties on the electoral process, advocating for a free and fair electoral system.

Sen reiterated the constitutional goal of ensuring political freedom for all citizens, without favoring any specific community.

Notably, former finance minister P Chidambaram of the Congress party echoed Sen’s sentiments, hailing the court’s decision as a significant win for transparency.

The Supreme Court had observed that the majority of contribution through bonds has gone to political parties which are ruling parties in the Centre and the states.

It said that analysis of the annual audit reports of political parties from 2017-18 to 2022-23 reflects that there has also been a substantial increase in contribution and donation through electoral bonds.

For instance, in the financial year 2017-18, a sum of Rs 221 crore was donated through electoral bonds to different political parties across the spectrum, however, in the year 2021-22, the contribution through bonds multiplied more than 10 times to a whopping Rs 2,664 crore.

On the top of the list, Bharatiya Janata Party (BJP) received a total of Rs 210 crore in 2017-18 through bonds and the donation rose to Rs 1,294 crore in 2022-23.

The table contained in the judgment, among other data, indicated that in 2021-22, Indian National Congress (INC) received Rs 236 crore; Trinamool Congress – the ruling party in West Bengal – obtained Rs 528 crore; Tamil Nadu’s ruling party DMK received Rs 306 crore.

The Supreme Court said that the share of income from unknown sources for national parties rose from 66 per cent during the years 2014-15 to 2016-17 to 72 per cent during the years 2018-19 to 2021-22.

“Between the years 2019-20 to 2021- 22 the Bond income has been 81 per cent of the total unknown income of national parties,” it added.

Further, it said that the total unknown income, that is donations made under Rs 20,000, sale of coupons etc., has not shown ebbing and has substantially increased from Rs 2,550 crore during the years 2014-15 to 2016-17 to Rs 8,489 crore during the years 2018-19 to 2021-22.

The apex court noted that the Bonds income between the years 2018-19 to 2021-22 constitutes 58 per cent of the total income of the national political parties.

In his separate concurring opinion, Justice Sanjiv Khanna based on the analysis of the data arrived at the conclusion that the electoral bonds scheme fails to meet the balancing prong of the proportionality test.

“However, I would like to reiterate that I have not applied proportionality stricto sensu due to the limited availability of data and evidence,” Justice Khanna said.

His opinion contained the data as available on the website of the Election Commission (EC) and the data submitted by the petitioners.

However, Justice Khanna clarified that the court had not opened the sealed envelope given by the EC.

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SC Pulls Up Centre on Permanent Commission For Women in ICG

The Attorney General informed the bench about an Indian Coast Guard board addressing pertinent issues…reports Asian Lite News

The Supreme Court, affirming women’s inclusion, directed the Centre to ensure permanent commission for women in the Indian Coast Guard, warning intervention if necessary. Chief Justice D Y Chandrachud, alongside Justices J B Pardiwala and Manoj Misra, dismissed operational challenges cited by Attorney General R Venkataramani, emphasizing the inadequacy of such arguments in 2024. “Women cannot be left out. If you do not do it, we will do it,” remarked the CJI.

The Attorney General informed the bench about an Indian Coast Guard board addressing pertinent issues. Asserting the necessity of women’s inclusion, the bench scheduled further proceedings for Friday due to time constraints. Earlier, the bench stressed the need for a fair policy within the maritime force, questioning the persistence of patriarchal attitudes despite prior judgments favoring permanent commission for women in the Army, Air Force, and Navy.

The bench challenged the patriarchal stance, urging the Indian Coast Guard to adopt a more inclusive approach. It questioned why only one Short Service Commission woman officer, Priyanka Tyagi, pursued permanent commission, highlighting the need for her case’s consideration. The court reiterated the imperative for a comprehensive policy from the Coast Guard.

Previously, the bench requested a review of judgments granting permanent commissions in other defence services. It probed the Coast Guard’s provision for permanent commissions, questioning the rationale behind a mere 10% allocation for women officers. The court demanded parity with the Indian Navy’s policy and directed the Centre to formulate a gender-neutral policy.

In a plea filed by Priyanka Tyagi, the Supreme Court championed gender equality, urging the Coast Guard to address the disparity. The bench highlighted the solitary case of Tyagi pursuing permanent commission, underscoring the need for broader policy reform within the Coast Guard. It reiterated the imperative of a gender-neutral approach, aligned with judgments in other defence services.

The court’s stance underscores a commitment to gender equality within the armed forces, advocating for policies that accommodate women’s participation on equal footing. It emphasizes the judiciary’s role in ensuring equitable opportunities, signaling a pivotal moment in advancing gender parity within India’s defence institutions.

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‘Embryos Are babies’: Haley Sides With Alabama Court Ruling

The court’s decision, which deemed such embryos as children, has stirred debate within the medical and legal communities….reports Asian Lite News

Republican presidential hopeful Nikki Haley supported a controversial Alabama Supreme Court ruling on Wednesday, asserting that she considers frozen embryos created through in-vitro fertilization (IVF) as babies.

The court’s decision, which deemed such embryos as children, has stirred debate within the medical and legal communities.

In an interview with NBC News, Haley defended the court’s stance, stating, “Embryos, to me, are babies.” Although she conceived her son via artificial insemination, a different procedure, she aligned with the court’s perspective on IVF embryos.

Haley, a key contender in the 2024 Republican presidential race, is set to confront frontrunner Donald Trump for the third time.

Trump has remained silent on the Alabama ruling, prompting speculation on his stance. The decision has caused confusion and concern in Alabama, leading to the suspension of in-vitro fertilization procedures at the University of Alabama at Birmingham.

White House Press Secretary Karine Jean-Pierre criticized the ruling, linking it to the broader repercussions of overturning Roe v. Wade.

With reproductive rights at the forefront, Republican candidates have largely avoided the abortion debate, potentially impacting their electoral performance.

Haley, the lone female Republican candidate, advocates for finding common ground on this contentious issue.

While Trump takes credit for appointing conservative Supreme Court justices, his stance on a national abortion ban remains undisclosed.

Meanwhile, Haley has said that she is not dropping out of the presidential race despite badly trailing former US president Donald Trump.

Haley made the remarks on Tuesday in a “State of the Race” address in Greenville, South Carolina, just days ahead of the Republican primary in the southeastern state, where she served as the first female Governor from 2011 to 2017, Xinhua news agency reported.

“When the country’s future is on the line, you don’t drop out. You keep fighting. In fact, you fight harder than ever. That’s why I refuse to quit,” she said in the speech delivered at Clemson University at Greenville ONE.

“South Carolina will vote on Saturday. But on Sunday, I’ll still be running for President. I’m not going anywhere,” she added.

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