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Appointment of Lokpal: Govt searching for a jurist for selection panel, SC told

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Section 377 hearings Day 4: Supreme court reserves judgment

Supreme Court had pulled up the Centre for delay in appointing Lokpal, asked DoPT to file an affidavit detailing steps taken to appoint the ombudsman

The Supreme Court was, on Tuesday (March 6), informed by the Centre that it was still searching for an eminent jurist who could be named as a member of the selection committee tasked with short-listing a Lokpal.

The submission by Attorney General KK Venugopal before a Supreme Court bench of Justices Ranjan Gogoi and R Banumati comes at a time when the Congress party has already declared its decision to boycott any meeting of the selection panel till such a time that Prime Minister Narendra Modi’s government gets an amendment to the Lokpal Act of 2013 passed. The said amendment, pending for nearly four years now, would replace the term Leader of Opposition with leader of the single largest Opposition party as one of the members of the Lokpal selection panel, the other three being the Prime Minister, Chief Justice of India and an eminent jurist.

On February 23, the apex court had pulled up the Centre for the delay in appointing a Lokpal. The bench of Justices Gogoi and Banumati had asked the secretary of the Centre’s Department of Personnel and Training (DoPT) to file an affidavit about the “steps taken and proposed” for appointing the ombudsman after Venugopal informed the court that ta meeting of the selection panel was due on March 1.

However, on March 1, Mallikarjun Kharge, leader of the Congress in the Lok Sabha declined an invitation by the Centre to attend the selection panel’s meeting as a “special invitee”. Kharge had written to Prime Minister Narendra Modi stating the “special invitee” status would not allow him to contribute to the discussion over the appointment of the anti-corruption watchdog.

With Kharge boycotting the meet and the Centre still struggling to find an eminent jurist who can be on the panel, the selection committee currently comprises of just two members – the Prime Minister and Chief Justice Dipak Misra.

The Modi government had earlier appointed legal luminary PP Rao as a member of the selection panel. However, following Rao’s demise in September last year, the slot of an eminent jurist on the panel has been lying vacant.

With the government showing no interest in getting the Lokpal Act 2013 amended to relax norms for the selection panel’s constitution, the law as it stands today, requires that the panel have the Prime Minister, Chief Justice of India, Leader of Opposition in the Lok Sabha and an eminent jurist as its members. Since the Congress’ tally in the Lok Sabha had been restricted to just 44 in the May 2014 general elections, it failed to get the office of the Leader of Opposition as this would have required the party to have a numerical strength of at least 10 per cent of the composition of the Lok Sabha. In the absence of a Leader of Opposition, the government had argued that the Lokpal selection committee cannot be constituted. It was later suggested that the Act be amended so that the selection committee could have as its members the Prime Minister, Chief Justice of India, leader of the single largest Opposition party in Lok Sabha and an eminent jurist. This amendment has, however, not been passed as yet by Parliament.

On Tuesday, Attorney General Venugopal told the Supreme Court that the vacancy of an eminent jurist in the Lokpal selection committee will be filled at the earliest but did not give an exact time frame for this. While the DoPT affidavit, filed with the apex court before the proceedings, mentioned that the meeting of the selection committee took place on March 1 and was not attended by “special invitee” Kharge, the Centre has not been able to answer the other critical question – what would it do if the Congress continues to boycott the selection panel meeting.

Assuming that the Centre does find an eminent jurist who it feels is worthy enough of being nominated to the selection panel – it hasn’t found anyone suitable in the six months since Rao’s demise – the question of the Opposition’s representation on the committee will still require resolution.

It may be recalled that the SC had, last year, ruled that there was no justification to keep the enforcement of Lokpal Act suspended till the proposed amendments, including on the issue of the Leader of Opposition in Lok Sabha, were cleared by the Parliament. The court had said that the Lokpal Act of 2013 was an eminently workable piece of legislation and “does not create any bar to the enforcement of the provisions.” It had added: amendments proposed to the Lokpal and Lokayuktas Act 2013, and the views of the Parliamentary Standing Committee are attempts to streamline the working of the Act and does not constitute legal hindrances or bar its enforcement.

The SC’s ruling had come on a plea by NGO Common Cause and others seeking immediate appointment of Lokpal in the country.

The UPA-II government had been forced to enact the Lokpal Act in 2013 after massive countrywide agitations broke out over the need for setting up a new institutional mechanism to check corruption in the government. The agitations had been triggered by the hunger strikes and protests by activist Anna Hazare, his then protégé Arvind Kejriwal and a motley group of other “civil society” members who came together under the banner of India Against Corruption. While Kejriwal leveraged the publicity he received from the protests to launch his political career and the Aam Aadmi Party, Hazare was relegated to the shadows.

Ironically, after coming to power in Delhi with a historic mandate, Kejriwal has himself done little to appoint a Lokayukt – the provincial equivalent of the central Lokpal.

Now, even as the Supreme Court nudges the Centre to expedite the proves of appointing a Lokpal, Hazare is trying to get back into the limelight, threatening another stir fromMarch 23 at New Delhi’s Ramlila Grounds demanding that the ombudsman be appointed soon and that the institution of Lokpal be made operational.

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Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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