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Supreme Court notice to Modi govt on plea against amendment to corruption law

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SUPREME-COURT

[vc_row][vc_column][vc_column_text]The Supreme Court today (Monday, Nov 26) issued notice to Narendra Modi government on a plea challenging constitutional validity of amendments made to the Prevention of Corruption Act in July this year making it difficult for probe agencies to expeditiously act on complaints of graft against serving and retired bureaucrats.

The amendment to the anti-graft law mandates prior sanction before starting a probe against a serving or retired government servant in a corruption case.

The Supreme Court bench comprising Chief Justice Ranjan Gogoi and Justice Ajay Rastogi was hearing a petition filed by the Center for Public Interest Litigation (CPIL).

The petition seeks a review of Section 17A of the PC Act which mandates that the still-to-be-formed Lokpal at the Centre and the Lokayuktas in States will have powers to approve initiation of inquiries against all serving and retired bureaucrats upon receipt of any complaint of graft against them. The Centre has been asked to respond to the notice within six weeks.

The Centre notified amendments to the PC Act on July 26 this year. The amended anti-graft law introduced stringent penalties for bribe givers and bribe seekers once their culpability in the act was proven but, on the other hand it made the investigative process more cumbersome.

Many anti-graft crusaders had, at the time of the passage of the amended legislation, mocked the law as one that should be called Protection (and not Prevention) of Corruption Act”.

The provision of prior sanction also introduces an element of government discretion and preference in choosing which official should be proceeded against and who should be spared.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text css=”.vc_custom_1543225561723{border-top-width: 10px !important;border-right-width: 10px !important;border-bottom-width: 10px !important;border-left-width: 10px !important;padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #cecece !important;border-radius: 10px !important;}”]The amended Section 17A of the Act reads thus:

“(1) No police officer shall conduct any enquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under this Act, where the alleged offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties, without the previous approval —

(a) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affairs of the Union, of that Government;

(b) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affairs of a State, of that Government;

(c) in the case of any other person, of the authority competent to remove him from his office, at the time when the offence was alleged to have been committed:

Provided that no such approval shall be necessary for cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any undue advantage for himself or for any other person:

Provided further that the concerned authority shall convey its decision under this section within a period of three months, which may, for reasons to be recorded in writing by such authority, be extended by a further period of one month.”[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Critics of the amended Act claim that Section-17A “violates of Article-14, 19 and Article-21 of the Constitution of India” and that it also takes away or abridge the fundamental rights of complainants of fair investigation as well as equality before the law.

The Modi government, on the other hand, has maintained that the amended legislation serves as a strong deterrent against corruption while it also safeguards conscientious bureaucrats against motivated complaints.

Votaries of the amended Act state that it had increased the punishment for those found guilty of offering a bribe from the previous mandated jail term of six months to three years to a more stringent “up to seven years imprisonment”. The amended law also provides for a sentence of “between five to 10 years” for repeat offenders. It also stipulates that investigation and trial against government employees alleged of crimes under that Act must be completed within two years – and if this condition is not met then a maximum extension of another two years may be granted.[/vc_column_text][/vc_column][/vc_row]

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Students have eyes too: Rahul Gandhi hits back at Rijiju over protest injuries

Rahul Gandhi challenged Kiren Rijiju’s claim that no serious injuries occurred during the July 20 student protests, alleging brutal police action.

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Rahul Gandhi on Tuesday hit back at Union Minister Kiren Rijiju over his claim that no student suffered serious injuries during the student protests in Delhi last month, saying he had personally met injured protesters.

The Leader of the Opposition in the Lok Sabha also alleged that police used pellet guns and lathis studded with nails against students during the July 20 march towards Parliament.

Gandhi shared a video of Kiren Rijiju’s remarks on X and questioned the government’s account of the police action during the protests.

“Ministers of the Modi government are saying that ‘the Delhi Police should be praised’. Half a kilometre from Parliament, pellet guns were fired at peaceful students, lathis studded with nails were used, one child’s eye was lost, one girl’s ear was severed. Should we praise this brutality?” Gandhi said in his post.

The Congress leader said he had met several injured students himself and claimed that videos of the police action had been widely viewed.

Rahul Gandhi attacks Centre over student protests

Gandhi accused the government of trying to deny what protesters allegedly experienced during the July 20 demonstration.

“The fundamental mantra of this government is untruth and violence,” he alleged, adding that attempts to deny the injuries would not change what had happened.

He further said, “Don’t lie to the children of this country. They have eyes and memories too.”

The July 20 protest involved students marching towards Parliament while demanding the resignation of then Education Minister Dharmendra Pradhan.

What Kiren Rijiju said about the protests

Rijiju, who holds the Minority Affairs and Parliamentary Affairs portfolios, defended the handling of the protests and said the Delhi Police and administration deserved praise.

During an interview with a news agency, Rijiju said no person had died during the protest and claimed that no protester suffered a broken bone or was admitted to hospital with a serious injury.

“Not a single person died, not a single person suffered a broken bone. Not a single protester is admitted to the hospital with a serious injury,” he said.

Rijiju also alleged that people associated with various political groups had joined the protest and contributed to tensions.

He said the police acted only when protesters attempted to march towards Parliament and maintained that the administration handled the situation peacefully.

“In this case, one ought to praise the Delhi Police and the administration,” the minister said, arguing that no death or serious injury had occurred despite the scale of the demonstration.

Rahul Gandhi questions police action

Responding to Rijiju’s remarks, Gandhi questioned how the police action could be praised while alleging that protesters had sustained serious injuries.

His allegations about pellet firing, nail-studded lathis and specific injuries were presented by him as part of his criticism of the government’s account of the protest.

Rijiju, however, maintained that the Delhi Police did not use lathis during the protest and rejected the suggestion that the police response resulted in serious injuries.

The two accounts remain sharply at odds over the nature and severity of injuries suffered during the July 20 student protest.

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Book Mahatma Gandhi Too: Kharge on Sonia, Rahul Vande Mataram complaint

Mallikarjun Kharge questioned the complaint against Sonia and Rahul Gandhi over the Vande Mataram rendition row and defended the Congress’s position.

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Congress president Mallikarjun Kharge on Tuesday questioned the basis of a complaint filed against Sonia Gandhi and Rahul Gandhi over an alleged attempt to disrupt the singing of Vande Mataram at the party headquarters.

Kharge argued that if singing the version of Vande Mataram performed by the Congress was considered a crime, then similar complaints should also be made against Mahatma Gandhi and former prime ministers Jawaharlal Nehru and Atal Bihari Vajpayee.

The remarks came amid a political row over the rendition of the national song during the Congress’s Independence Day celebrations at its headquarters on Saturday. BJP leaders had alleged that Sonia Gandhi signaled for the full rendition to be stopped.

The Congress has rejected the allegation. Party leader Udit Raj said Sonia Gandhi’s gesture was related to arranging a chair for Kharge, who, according to the party, was unable to stand for a long period.

Kharge questions complaint against Sonia, Rahul

Kharge said the Congress had been singing the same version of Vande Mataram for years and questioned why the party’s leaders were being targeted over it.

He referred to the use of the same version by Mahatma Gandhi and Jawaharlal Nehru and also cited the period when Atal Bihari Vajpayee’s government was in power.

Kharge said that if the rendition amounted to a crime, then those who had previously sung the same version should also face complaints. He also said the Congress had passed a resolution concerning national songs before many of its current critics were born.

What Congress said about Sonia Gandhi’s gesture

The controversy began after the Vande Mataram rendition at the Congress headquarters during the Independence Day event.

According to the allegations, Sonia Gandhi noticed that the singers were continuing with the full version and appeared to gesture towards Kharge before communicating with the singers.

The Congress disputed this interpretation. Udit Raj said Sonia Gandhi was instead gesturing about arrangements for Kharge, who had been standing for a considerable period.

Complaint filed against Sonia, Rahul Gandhi

A complaint was filed with the Delhi Police on Monday against Sonia Gandhi and Rahul Gandhi. The complainant sought registration of an FIR over the alleged attempt to disrupt the singing of Vande Mataram at the Congress headquarters.

The controversy continued on Monday when Kharge participated in a Vande Mataram rendition in Goa ahead of a Congress convention. The version sung there included the first two stanzas.

The row comes after the Centre made singing Vande Mataram in its entirety mandatory at public gatherings, schools and official government functions, among other places. Parliament has also passed legislation making intentional obstruction, disruption or prevention of the singing of Vande Mataram a criminal offence, according to the report.

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Champat Rai, Anil Mishra get clean chit in Ram Temple donation theft case 

The SIT probing alleged donation theft at the Ayodhya Ram Temple has cleared former Trust general secretary Champat Rai and former member Anil Mishra.

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The Special Investigation Team (SIT) probing alleged irregularities in donation management at the Ayodhya Ram Temple has cleared former Shri Ram Janmabhoomi Teerth Kshetra Trust general secretary Champat Rai and former Trust member Anil Mishra.

The Uttar Pradesh Home Department on Monday handed over the SIT’s final report to the Trust, which will now take further action based on the findings.

Rai and Mishra had resigned from their positions on June 27 after allegations of donation theft emerged. The two former Trust members were subsequently questioned by the SIT about the temple’s donation management process.

Champat Rai denied involvement in donation theft

According to sources, Champat Rai told investigators during questioning that he had no role in the alleged theft. He reportedly said that the suspects were arrested following his complaint.

Rai also told the police that ensuring there were no irregularities in donation collection was part of his responsibility and that he acted after learning about the alleged wrongdoing.

SIT was formed before Supreme Court intervention

The three-member SIT was constituted by the Uttar Pradesh government on June 13 at the request of the Shri Ram Janmabhoomi Teerth Kshetra Trust.

Lucknow Divisional Commissioner Vijay Vishwas Pant headed the panel. Range Inspector General Kiran S and Special Secretary (Finance) Neel Ratan Kumar were the other members.

The SIT submitted its preliminary report to the state government on June 23 and made several stringent recommendations.

Following the preliminary report, Trust member Krishnamohan filed a written complaint at the Shri Ram Janmabhoomi police station. An FIR was subsequently registered on June 25.

Eight people named in FIR

The FIR named Avinash Shukla, Anukalp Mishra, Lavkush Mishra, Manish Kumar Yadav, Karunesh Pandey, Ramashankar Mishra, Subhash Srivastava and Ram Shankar Yadav, alias Tinnu, along with other unidentified individuals.

According to the provided report, all eight named accused were arrested and booked under relevant provisions of the Bharatiya Nyaya Sanhita and Section 13(1)(a) of the Prevention of Corruption Act.

The SIT’s preliminary findings also formed the basis for subsequent FIRs and arrest-related action in the case.

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