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Friday, September 15, 2023

"लोकतंत्र में चुनाव आयोग का गठन ट्रस्ट के साथ होना चाहिए": NDTV से पूर्व CEC एसवाय कुरैशी

नई दिल्ली: पूर्व मुख्य चुनाव आयुक्त एसवाई क़ुरैशी ने कहा कि संविधान में लिखा था कि चुनाव आयुक्त की नियुक्ति के लिए सरकार को कानून बनना चाहिए, जो 70 साल में कानून नहीं बना था. इसलिए सुप्रीम कोर्ट ने कहा कि सरकार को कानून बनना चाहिए. सुप्रीम कोर्ट ने अंतिम व्यवस्था के तहत कॉलेजियम बनाने को कहा, जिसमें प्रधानमंत्री, लोकसभा में विपक्ष के नेता और सुप्रीम कोर्ट के मुख्य न्यायाधीश शामिल हो. लेकिन सुप्रीम कोर्ट ने ऐसा नहीं कहा कि आप नए कानून में कॉलेजियम व्यवस्था को डालिए.

उन्होंने कहा कि हालांकि जो आत्मा सुप्रीम कोर्ट के जजमेंट की थी कि सरकार यूनिलैटरल अपॉइंटमेंट ना करें. उस पर उंगली उठ सकती है. चुनाव आयुक्त की नियुक्ति के लिए बिल में प्रस्तावित सिलेक्शन कमेटी का जो प्रस्ताव है, उसमें प्रधानमंत्री और कैबिनेट मंत्री हमेशा एक तरफ रहेंगे और विपक्ष के नेता तो हमेशा के लिए आउट वोट हो जाएगा.

एसवाई क़ुरैशी ने कहा कि सुप्रीम कोर्ट के मुख्य न्यायाधीश कई कॉलेजियम के हिस्सा हैं. इसमें भी अगर वह बने रहते तो और अच्छा था. तीसरा मेंबर सिलेक्शन कमिटी का स्वतंत्र होना चाहिए. आप किसी पूर्व सुप्रीम कोर्ट के मुख्य न्यायाधीश को भी शामिल कर सकते हैं. सरकार को इस बिल पर राजनीतिक सहमति बनाकर ही आगे बढ़ना चाहिए. लोकतंत्र में चुनाव आयोग का गठन ट्रस्ट के साथ होना चाहिए.

पूर्व मुख्य चुनाव आयुक्त एसवाई क़ुरैशी ने कहा कि चुनाव आयुक्त को कैबिनेट सेक्रेटरी का दर्जा देने का प्रस्ताव भी सही नहीं है. चुनाव आयुक्त को चुनावी प्रक्रिया को मैनेज करना होता है जो बहुत ही संवेदनशील प्रक्रिया है. उन्हें राजनीतिक दलों को डिसिप्लिन करना पड़ता है. इसके लिए जरूरी है कि चुनाव आयुक्त का दर्जा बढ़ाया जाए.

पूर्व मुख्य चुनाव आयुक्त एसवाई क़ुरैशी ने कहा कि चुनाव आयोग विश्व गुरु है. दुनिया में चुनाव कराने के मामले में पिछले 10 साल में 108 देश के चुनाव अधिकारी चुनाव आयोग में ट्रेनिंग ले चुके हैं. बिल के प्रारूप में सुधार जरूरी है. सरकार को नए बिल पर राजनीतिक सहमति बनाकर और इसके मौजूदा प्रारूप में संशोधन करके आगे बढ़ना चाहिए.

ये भी पढ़ें:-
अनंतनाग में शहीद सैन्य अधिकारियों को नम आंखों के साथ दी गई अंतिम विदाई
जम्मू-कश्मीर में 48 घंटे से चल रही मुठभेड़, घने जंगलों में छिपे हैं आतंकी, एक जवान लापता



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Judge Asks For CBI Inquiry After Letter Claims She Showed Favour To Accused

A judge of the Bombay High Court has asked the Central Bureau of Investigation (CBI) to conduct an inquiry into a letter which claimed that she showed undue favour to an accused.

Justice Bharati Dangre on Thursday recused herself from the case before her, but said such "disgruntled elements" which make an accusation against a judge and "walk away" without waiting for the consequences of their "intimidating action".

An application made by Suresh Khemani, an accused in a CBI case, had been listed before her after the earlier judge had recused or withdrawn from the case.

Justice Dangare said that a person named Hiten Takkar sent her a letter last week suggesting that "some favour or benevolence was either done or attempted to be done in favour of the applicant (Khemani) on some monetary terms" and the interim relief granted to him was continued illegally.

She should dismiss the plea and make the accused face a trial, the letter demanded.

She was recusing herself from the matter, Justice Dangare announced, but also directed the high court's registrar to provide a copy of the letter to the CBI for conducting necessary inquiry, and posted the issue for hearing on September 29.

Such tactics (forcing a judge to recuse) cannot be used for "bench hunting or forum shopping", she said.

She could have recused herself without giving any reasons, but "it is high time that some accountability is attributed to the disgruntled elements, who continue to haunt the system by their unscrupulous acts and walk away, without waiting for consequences of their intimidating action, once the Judge recuses from the matter," Justice Dangare said.

"A judge may be impartial, but if a perception is carried by one party that he is not, then the recusal is the only option," the high court added.

She should have a clear conscience that she was still independent and capable of discharging her duty without being influenced by the letter, the judge said.

"I deem it appropriate to recuse myself not because I have been asked to decide one way, but because I feel it necessary to do so, to avoid further accusations of favour being shown or if I have to dispel the accusations, necessarily I may be compelled to decide the other way, which may even mean injustice to one of the party," she added.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



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Thursday, September 14, 2023

On Hindi Diwas, British Envoy Lists His Top 5 Words In The Language

British High Commissioner to India Alex Ellis wished Indians on the occasion of Hindi Diwas and shared his five favourite words in the language.

"From my very patient Hindi teachers to everyone else on X who has been so supportive, thank you! Mere paanch pasandida Hindi shabd (My five favourite Hindi words)," Ellis posted on X.

The words on Mr Ellis's list are adrak (ginger), lena-dena (give and take), jugaad (makeshifter), khushboo (fragrance), and gapshap (gossip).

Earlier in the day, PM Modi also wished Indians on the occasion and said that Hindi will continue to "strengthen the thread of national unity and goodwill".

"Best wishes to all my family members on Hindi Diwas. I wish that the Hindi language will continue to strengthen the thread of national unity and goodwill," he wrote on X.

Hindi Diwas is observed annually on September 14 to commemorate the decision to adopt Hindi as one of the nation's official languages.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



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Wednesday, September 13, 2023

Minimal Data On Classified Info: Centre To Court In e-Surveillance Case

The Ministry of Home Affairs (MHA) told the Delhi High Court that lawful interception-related records are categorised as highly classified documents and minimal data is maintained for them.

Responding to a petition about the disclosure of information on state-sponsored electronic surveillance under the Right To Information (RTI) Act, the union ministry said the Cyber and Information Security (CIS) Division does not maintain any statistical data related to lawful interception and monitoring as such records are not required for any functional purpose.

Seeking dismissal of the petition, it said the relevant acts and rules are in the public domain and petitioner Apar Gupta must be aware that all records pertaining to lawful interception are destroyed every six months by the MHA after reviewing directions by a committee and if not required for any functional requirement.

"It is submitted that the lawful interception and monitoring is carried out by the authorised law enforcement agencies with due permission of the competent authority if required in the interest of sovereignty and integrity of the country, security of the state, public order or incitement of an offence, under the legal provisions...," the MHA said in its affidavit filed in response to the petition.

It further said, "Therefore, it is unreasonable for the petitioner to expect the record for a period of two years and thereafter, level allegation that the respondent had been allowed for purported destruction of records and to belatedly change their stance to a new claim that data could not be disclosed since the records had been destroyed." The matter came up before Justice Subramonium Prasad who listed it for hearing on October 16.

Petitioner Apar Gupta, co-founder and executive director of Internet Freedom Foundation (IFF) and also a lawyer, had in December 2018 filed six applications under the RTI Act seeking details of the number of orders passed under Section 69 of the Information Technology Act granting permission for electronic surveillance during a certain period.

The Centre was represented through standing counsel Anurag Ahluwalia.

The ministry, in its affidavit, said monthly reports are submitted to the office of the competent authority by the authorised security and law enforcement agencies containing information of a secret nature regarding the outcome of ongoing investigations and other operations, for which authorisation is sought under the law.

In July last year, the High Court had given six weeks to the Centre to file its reply to the petition which challenges a Central Information Commission (CIC) order refusing to direct disclosure of certain data on state-sponsored electronic surveillance.

The petitioner said while deciding his second appeal under the RTI regime, the CIC proceeded upon an erroneous understanding of the law and failed to sufficiently examine the "belated" averment of the MHA that the data sought had been destroyed and was no longer available.

The counsel appearing for the petitioner had earlier submitted that he was only seeking the statistical data on "how many times" interception was resorted to and nothing else.

In the petition, filed through lawyer Vrinda Bhandari, the petitioner has informed that according to the Centre Public Information Officer's (CPIO) stand before the CIC, the home ministry did not maintain any statistical information related to lawful interception and monitoring, but did not cite any statutory provision or even an internal policy that supports its stand.

"No personally identifiable information was sought in the RTI queries. The petitioner did not ask for details of specific interception orders or the identity or profile of the targeted individuals but instead sought anonymous and aggregate figures to understand the extent of state surveillance. Further, the queries relate to data that the respondents ought to have in their possession since only the MHA is empowered to issue such orders," the petition has said.

It said that in 2019, the CPIO had disposed of the petitioner's requests for information, stating that the disclosure of information related to lawful interception/phone tapping/monitoring or decrypting, is exempted under section 8(1)(a), 8(1)(g) and 8(1)(h) of the RTI Act and the same was subsequently not interfered with by the First Appellate Authority.

The petition also seeks guidelines and directions to prevent the destruction of information sought in RTI proceedings on account of the absence of rules or practices on weeding out of documents during the pendency of RTI proceedings.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



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PM Modi Receives Rousing Welcome At BJP Headquarters For G20 Success

Prime Minister Narendra Modi was given a rousing welcome at the BJP headquarters on Wednesday evening following the successful G20 meeting under India's presidency, as he arrived in New Delhi to attend the party's central election committee meeting.

CEC members, including Union ministers Amit Shah and Rajnath Singh besides party president JP Nadda, lined up at the party office in the national capital to receive Modi who was showered with flower petals by the cheering supporters gathered there in large numbers.

This was the prime minister's first visit to the BJP headquarters after the G20 Summit, which was largely seen as hugely successful with his leadership drawing praise from world leaders.

The BJP has often highlighted the global recognition of Modi's leadership and India's enhanced stature at the international level in its political discourse, an issue which is likely to rise in salience following the G20 meeting as the party gears up for a string of state assembly polls followed by the Lok Sabha elections.

The CEC will finalise the names of candidates for the polls in Madhya Pradesh.

The CEC met last month and named candidates for 39 seats for the polls in Madhya Pradesh and 21 for Chhattisgarh. These were for the seats where the BJP does not have incumbent MLAs.

In a departure from its practice, the BJP has this time begun naming its assembly poll candidates long before the dates for the elections are to be announced.

Assembly polls are due in Madhya Pradesh, Chhattisgarh, Rajasthan, Telangana and Mizoram in November-December, the last round of state elections before the Lok Sabha contest in 2024.

The BJP is in power in Madhya Pradesh while the Congress is in power in Rajasthan and Chhattisgarh. The BRS is in power in Telangana while the Mizo National Front runs the government in Mizoram.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



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Tuesday, September 12, 2023

Show Record On Notice To Mosques For Encroachment: Delhi High Court

The Delhi High Court on Tuesday directed the railways to produce the record pertaining to notices of removal pasted on two mosques at Tilak Marg and Babar Road for being "unauthorised" structures on its land.

Justice Prateek Jalan granted time to the administration to file its response to the petition by the Delhi Waqf Board.

The board has claimed that these notices were "generic" and the mosques -- Masjid Takia Babbar Shah near the Railway Bridge at Tilak Marg and Masjid Bachchu Shah, also known as Bengali Market Mosque -- are not unauthorised and the land does not belong to the railways.

Asking the central government counsel if he was not "surprised" at the affixation of the notices in their present form that is without specific details, Justice Jalan directed that the relevant record be also brought to the court. "I want to see how the railway administration is issuing notice without mentioning property, date," the judge said.

The central government lawyer submitted that the notices were issued by railway authorities and "this was done after full knowledge of the concerned persons". "Let me file an affidavit. I checked the record. Notices have been pasted after giving everyone full knowledge," he said.

"At the request of counsel for respondent, four weeks are granted for filing counter affidavit. Interim order to continue. Respondent is directed to produce the relevant record," the court ordered.

On July 26, the court had passed an interim order directing the railways not to take any action pursuant to its notices pasted on the two mosques.

Observing that the notices were not signed, did not mention the authority under which they were issued and could have been pasted on any structure, the court had asked the Centre's lawyer to take instructions on whether it was issued by the railways.

"It appears that the notice is a generic notice purportedly issued by the railway administration, Northern Railways, Delhi, which calls upon the public to voluntarily remove temples/mosques/mazars from railway land within 15 days failing which they would be removed by railway administration. The said notices are unsigned, undated and do not bear out the authority under which they are issued. For the moment, no action will be taken pursuant to these notices," it had said.

Counsel for the petitioner had submitted that on July 19 and 20, notices were found to be pasted on the mosques which have been in existence for decades and upon inquiry it was found that the same had been issued from the office of the divisional railway manager.

Apprehending action by the railways, the lawyer had urged the court to “bind the hands” of the authorities in the meantime.

The petition has said the Bengali Market Mosque was approximately 250 years old and the Tilak Marg Mosque is 400 years old and the notices affixed in their walls are liable to be quashed.

"Both the mosques are in existence since centuries and there are two duly registered agreements of 1945 between the Governor General in Council through its agent-Chief Commissioner of Delhi and the Sunni Majlis Auqaf in respect of both the mosques transferring management of those mosques to the Sunni Majlis Auqaf (petitioner's predecessor) without any limitation as to tenure. The said document shows that the mosques were in existence and were operational in 1945 also," the petition said.

"Through the impugned notice, the railway administration has urged that the mosque/temples/shrines be removed from their land within 15 days failure to comply with the notice will lead to action by the railway administration to reclaim the land. Thus, the very existence of the aforesaid waqf property is in jeopardy because of the unwarranted, arbitrary and unreasonable impugned action of the respondents,” added the plea.

The petition said that the two mosques cater to a large number of worshippers and are in use for five times daily compulsory prayers besides larger congregational prayers on Fridays and Eid.

“Neither the land underneath the mosques under reference belongs to the respondents nor the mosques under reference are unauthorised”, it has asserted.

The petitioner has also said that in 2023, at least seven waqf properties were demolished overnight in a “brazen display of highhandedness” and in the present case, the apprehension is that the “design is to demolish the mosques/waqf properties somehow”.

The matter would be heard next on January 30.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



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India Says It Continues To Monitor Human Rights Development in Afghan

India on Tuesday said that it continues to monitor developments related to human rights, including those of women and girls, in Afghanistan and has "abiding stakes" in return for peace and stability in the country.

Speaking during the Interactive Dialogue on the Office of the United Nations High Commissioner for Human Rights (OHCHR) report on the human rights situation in Afghanistan at the 54th Session of the Human Rights Council, India's Permanent Representative to the United Nations and Other International Organisations in Geneva Ambassador Indra Mani Pandey said that India is a contiguous neighbour and long-standing developmental partner of Afghanistan.

"We share close historical and civilisational linkages with the people of Afghanistan. We have, therefore, abiding stakes in return for peace and stability in Afghanistan and we continue to monitor the developments related to human rights there," Mr Pandey said.

Mr Pandey said that India's historical relationship with the Afghan people and the stipulations outlined in UNSC Resolution 2593, adopted under India's UN Security Council Presidency in August 2021, has continued to guide Delhi's approach to Afghanistan.

"We reaffirm the importance of upholding all human rights, including those of women and girls, and call for their full, equal and meaningful participation in sustaining and building on Afghanistan's gains over the last twenty years," he said.

The UNSC resolution demands that Afghan territory not be used to threaten or attack any country or to shelter or train terrorists, reaffirms the importance of upholding human rights including those of women, children and minorities and calls for strengthened efforts to provide humanitarian assistance to Afghanistan.

Mr Pandey said in view of the deteriorating humanitarian situation and urgent appeals by UN agencies, India has delivered 50,000 metric tonnes (MTs) of wheat, 28 tonnes of disaster relief, and 200 tonnes of medicines, vaccines and other medical items.

India has partnered with the United Nations Office on Drugs and Crime (UNODC) in its humanitarian efforts and has supplied 1,100 units of female hygiene kits and blankets for UNODC female rehabilitation centres across Afghanistan, he said.

United Nations High Commissioner for Human Rights Volker Turk told the 54th Session of the Human Rights Council that the report notes that over the past two years since the Taliban takeover of Kabul, the de facto authorities have steadily dismantled institutional protections for human rights and eroded the rule of law, despite the international human rights obligations that continue to bind Afghanistan as a State.

In addition, the humanitarian and economic crisis facing Afghanistan continues to seriously impact the enjoyment of the full spectrum of human rights.

The report states that Afghan women and girls have been restricted from participation in most areas of public and daily life by the introduction of progressively more severe and discriminatory edicts, policies and other pronouncements.

These measures deny the rights of women and girls to access education, work and their freedom of movement and impact access to health and other essential services.

Turk said the international community cannot turn its back on the people of Afghanistan. "This is a human rights crisis of the first order." He exhorted the de facto authorities fundamentally to change course and bring Afghanistan back to the international order with full respect for its international human rights obligations.

He urged States with influence over the de facto authorities to help them reverse the trajectory, which is fatal not only for human rights but for the future development and security of the country.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



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