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Those who took decision on transfer must answer how it was done: Karnataka HC judge Patel after resignation

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Karnataka High Court

[vc_row][vc_column][vc_column_text]Justice Jayant Patel had resigned after learning that he was being transferred to Allahabad HC where he would have been third in queue for chief justice post

Justice Jayant Patel of the Karnataka High Court, who famously ordered a CBI enquiry into the Ishrat Jahan fake encounter case while he was a judge in the Gujarat high court, had sent in his resignation letter to Karnataka’s Chief Justice SK Mukherjee, on Monday. Justice Patel’s decision to quit – 10 months before he was set to retire –had come after he learned that he was being transferred to the Allahabad High Court, a move that would have ensured that he isn’t promoted to the rank of Chief Justice in Karnataka – or Allahabad for that matter.

While his resignation has created a flutter in the legal community of Karnataka, sent ripples across India’s judiciary and reignited the debate on the lack of transparency in the manner in which judges are appointed, transferred or elevated, all that Justice Patel has to say on the chain of events he has triggered is that those who took the decision on his transfer “must answer” on how this was done.

Had Justice Patel not been transferred to the Allahabad High Court he would have, by convention, been elevated to the rank of Chief Justice of the Karnataka High Court. Incumbent Karnataka Chief Justice Mukherjee is set to retire on October 9, and Justice Patel was the next senior-most judge in the court. However, had he moved to the Allahabad High Court, Justice Patel would have been the third seniormost and with just 10 months left for his retirement, he would have effectively been out of the race for a promotion.

In an interview to the Indian Express, Justice Patel declined to attribute motives to the Supreme Court collegiums for deciding to transfer him to the Allahabad High Court and robbing him of his elevation but said: “Those who have taken decisions must answer how it was done. I cannot say anything”.

The judge, who enjoys support and respect across bar associations of Gujarat – where he had briefly been elevated as Acting Chief Justice before being transferred to the southern state as a regular judge – and Karnataka refused to link the denial of his confirmation as Chief Justice to his landmark decision of ordering a CBI probe in the Ishrat Jahan encounter case in 2011.

“When I became aware about my contemplated transfer to the Allahabad High Court, I decided to resign. I have already sent my resignation to the President of India. From yesterday, I am relieved of responsibilities. How it happened and what happened is for you to consider,” the Indian Express quoted Justice Patel as saying.

“I had no desire to be shifted to Allahabad. I have worked with dignity for 16 years as a judge, and for (the remaining) ten months why should I go to another place,” Justice Patel added.

Clearly anguished over being forced to resign and being denied what many feel was his rightful due, Justice Patel said: “What I feel is that I did my duty as per the oath of my office. Punishment is ultimately in God’s hands. One thing I can say is that wherever I worked, it has been with all sincerity and strictly as per my oath of office.”

Asked specifically if he would have been elevated had he not ordered the CBI probe in the Ishrat Jahan encounter – a case that had pointed fingers at the then Gujarat chief minister and now Prime Minister Narendra Modi and the then minister of state for home in Gujarat, Amit Shah, who is now the BJP national president – Justice Patel said: “Everyday we take decisions. We do not look at whether the case is about X or Y and we cannot decide a matter like that. We do not see the name of the party and decide the course. This is what is expected of us. I don’t think this could be the reason (for my transfer) but I cannot answer as the decisions were taken by someone else.’’

Senior Supreme Court advocates Dushyant Dave and Yatin Oza have both indicated that Justice Patel was denied the Chief Justice’s rank on account of his decision to order a CBI probe into the Ishrat Jahan case.

Advocates who met him after news of his resignation broke on Tuesday in an effort to get him to reconsider his decision said that Jutice Patel had conveyed that matters were beyond reconsideration.[/vc_column_text][/vc_column][/vc_row]

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Maharashtra Assembly election: Uddhav Thackeray expels 5 Sena members for not withdrawing nominations

Following the withdrawal of nominations, around 4,140 candidates were left in the fray for 288 Maharashtra assembly seats

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Maharashtra Assembly election: Uddhav Thackeray expels 5 Sena members for not withdrawing nominations

Uddhav Thackeray, Shiv Sena (UBT) chief on Tuesday expelled five rebel leaders for anti-party activities after they failed to withdraw nominations filed for the November 20 Maharashtra assembly elections.

The expelled leaders include Bhiwandi East MLA Rupesh Mhatre, Vishwas Nandekar, Chandrakant Ghugul, Sanjay Awari and Prasad Thackeray. Reportedly, 14 leaders from the Maha Vikas Aghadi, comprising Congress, Shiv Sena (UBT) and Sharad Pawar’s NCP had filed nominations, defying party command. 

Among those who withdrew their nominations by the Monday deadline was Congress’ Mukhtar Shaikh, who withdrew from the Kasba Peth assembly constituency in Pune and announced his support to the party’s official candidate Ravindra Dhangekar.

In addition, royal scion Madhurima Raje Chhatrapati’s withdrawal as Congress candidate from Kolhapur North minutes before the deadline left the party without representation in one of its western Maharashtra strongholds. Madhurima Raje was nominated in place of ex-corporator Rajesh Latkar after a party office was vandalised by those opposed to the latter.

Hemalata Patil from Nashik Central, Madhu Chavan from Byculla and Vishwanath Walvi from Nandurbar are among the seven Congress rebels who withdrew their nominations. Only two NCP(SP) rebels are in fray.

Furthermore, among those to withdraw from the electoral race was Maratha quota activist Manoj Jarange, who has held on-and-off hunger strikes and protests to demand reservation for the community in education and jobs over the past year. The activist said that the Maratha community will decide on its own whom to defeat and whom to elect. He also announced he would support two candidates from Parvati and Daund in the state assembly polls, though he said their names will be disclosed later.

Following the withdrawal of nominations, around 4,140 candidates were left in the fray for 288 Maharashtra assembly seats, while 2,938 candidates withdrew their papers. The figure is a 28 per cent increase from the 3,239 candidates who fought the 2019 assembly polls.

This year, the Maharashtra Assembly election will see major regional parties NCP and Shiv Sena contesting after a split down the middle. The factions led by Chief Minister Eknath Shinde and Deputy Chief Minister Ajit Pawar-led NCP have joined hands with the BJP to form the Mahayuti. The Assembly elections are scheduled for November 20. The counting of votes will take place on November 23.

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Centre issues notice to Wikipedia on complaints of bias, inaccuracies

The government also questioned why Wikipedia should not be classified as a publisher, rather than an intermediary.

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Centre issues notice to Wikipedia on complaints of bias, inaccuracies

The Centre on Tuesday has issued a notice to Wikipedia over multiple complaints about bias and inaccuracies on the platform. The government in its letter to Wikipedia highlighted that a small group of editors appears to have significant control over the contents, particularly influencing its neutrality. 

Reports said that the government also questioned why Wikipedia should not be classified as a publisher, rather than an intermediary. However, neither Wikipedia nor the government has issued an official statement on the matter so far. 

Wikipedia, popularly known as free online encyclopedia, allows volunteers to create and edit pages on a wide variety of topics, including people, issues and various fields of knowledge. This recent development follows two months after the Delhi High Court slammed Wikipedia and also warned it of a potential ban in India during a case filed by news agency ANI, which alleged that its Wikipedia page contained inaccuracies and defamatory content. 

In the last hearing, Justice Subramonium Prasad further observed that Wikipedia might not be entitled to defend the defamatory edits since it claims to be only an intermediary. The Delhi HIgh Court also questioned if Wikipedia is an intermediary, why is it bothered? It added that if somebody else has edited and that addition is without basis, then it comes down.

It further stated that Wikipedia is not here to protect the editors but is a mere wall. The court opined that it will only see whether the opinion given in the encyclopaedia does not depict the correct picture, as not true representation of the article. However, Wikipedia clarified that it was not defending the statements or edits made on Wikipedia’s page about ANI. It further sought to assist the court in the matter, particularly with regard to the architecture of the platform. 

Notably, Wikipedia has faced growing criticism for alleged bias and inaccuracies, especially amid the ongoing US presidential elections. Elon Musk, owner of X, has publicly accused Wikipedia of supporting far-left ideologies. He also urged the public to stop donating to Wikipedia, claiming it is controlled by far-left activists.

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JMM-RJD-Congress are supporters of Bangladesh infiltrators: PM Modi at Jharkhand rally

Narendra Modi further claimed that if the bad policies of JMM, Congress and RJD continue, the adivasi society in Jharkhand will shrink

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JMM-RJD-Congress are supporters of Bangladesh infiltrators: PM Modi at Jharkhand rally

Ahead of the Jharkhand Assembly election, PM Narendra Modi launched a scathing attack on the incumbent Hemant Soren government, accusing it to put appeasement at the top of its agenda.

While addressing a rally in Jharkhand’s Garhwa, the Prime Minister said the coalition government of Jharkhand Mukti Morcha, Congress and RJD are supporters of Bangladesh infiltrators. He said that the JMM-RJD-Congress government has taken appeasement to its peak, and that these parties are destroying the state’s social harmony. He alleged that the parties are supporters of infiltrators, and to get votes of Bangladesh infiltrators, they are getting them settled across Jharkhand.

The Prime Minister stated that when schools disallow Saraswati Vandana, one can imagine how big the danger is. When there is stone-pelting during festivals, Maa Durga is stopped and curfew is imposed, one knows how dangerous it is, he continued. The Prime Minister also added that when the issue of infiltration goes to court and the administration denies, it becomes clear that the government machinery has been infiltrated. PM Modi was referring to allegations that a Muslim teacher stopped prayers to Goddess Saraswati at a school in Jharkhand’s Giridih.

Narendra Modi further claimed that if the bad policies of JMM, Congress and RJD continue, the adivasi society in Jharkhand will shrink, and advised people to use their vote to uproot this infiltrator coalition. He maintained that Jharkhand’s swift development is possible only if it has a government that expedites the implementation of central schemes.

Referring to the JMM’s decision to replace Champai Soren as Chief Minister after Hemant Soren was granted bail in a money laundering case, PM Modi said that the party has left no stones unturned in humiliating an adivasi son. He asked how the party will take care of the people of the state when nothing matters to them more than family. He added that he does not have a family, and the people are his family. He also mentioned that Champai Soren, once a trusted lieutenant of Hemant Soren, is now with the BJP.

Slamming the ruling coalition of corruption, he said that corruption hollows out the country like termites, and destroys the poor, Dalits, people from backward classes and tribals. He claimed that Jharkhand has seen for five years the corruption of the JMM-Congress-RJD government.

He also referred to the massive cash haul from the home of Congress’s former Rajya Sabha MP Dhiraj Sahu last year. Mentioning that mountains of cash are recovered from the home of Congress’s Rajya Sabha MP, he questioned if this money didn’t belong to Jharkhand.

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