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Rafale deal: Supreme Court postpones review petition hearing to May 10

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Rafale deal: Supreme Court postpones review petition hearing to May 10

[vc_row][vc_column][vc_column_text]The Supreme Court today (Monday, May 6) adjourned to May 10 the hearing of petitions seeking review of its December 14, 2018 verdict giving clean chit to Narendra Modi government.

The postponement of the hearing scheduled today came after the Court learnt that the hearing in the contempt case against Congress chief Rahul Gandhi – forattributing the ‘chowkidar chorhai’ remark to the top court – hadbeen segregated and posted for that date although the court had said both here to be heard together.

Chief Justice of India Ranjan Gogoi said on Monday that he was perplexed that the two matters were not listed together and carry different dates while they were ordered to be heard together.

The matter will be heard on the day before the top court’s summer recess.

The top court had on April 10 dismissed objections over the admissibility of leaked documents petitioners had cited for seeking a review of its judgement from December last year rejecting a plea for a court-monitored probe into the purchase of the 36 fighter jets.

Petitioners had challenged the verdict upholding India’s deal with France after two media houses — The Hindu and ANI — published ‘leaked’ documents related to the deal for 36 fighter aircraft.

The review petitions have been filed by former Union ministers Yashwant Sinha and Arun Shourie in the Rafale case claiming the December 18 verdict in the case contained errors and relied on the government’s incorrect claims in an unsigned note given in a sealed cover.AamAadmi Party leader Sanjay Singh and lawyer Vineet Dhanda, too, have filed two more review petitions.

The Narendra Modi government had vehemently opposed the inclusion of these documents, saying they are “incomplete internal file notings procured unauthorisedly and illegally”, and that “the petitioners are attempting to bring out internal processing of this Government to Government procurement and trying to present a selective and incomplete picture of the same”.

Also Read: Cong says EC clean chits to Modi, Shah do not state reasons; SC asks it to place them on record

In its affidavit filed last Saturday, the Centre said any review in the case would tantamount to questioning the government’s sovereign decision-related to national security and defence.

The government said the claims made in the review petitions are “scandalous, false, baseless and bereft of any particular material”. The affidavit said the ruling had no apparent “error warranting its review”.

It said the Prime Minister’s Office monitoring the progress of the deal for 36 Rafale jets could not be “construed as interference or parallel negotiations”.

The Centre said media reports cannot form the basis for seeking review of the judgement since it is well settled law that courts do not take decision on the basis of media reports.

Referring to the April 10 order of the apex court, by which the Centre’s preliminary objection to placing reliance on leaked documents was rejected by the top court, the Centre’s reply said the order “would imply that any document marked secret obtained by whatever means and placed in public domain can be used without attracting any penal action”.

The contempt case against Rahul Gandhi has been filed by the Bharatiya Janata Party’s (BJP’s) Meenakshi Lekhi for incorrectly attributing the slogan to the preliminary verdict of the top court on admissibility of documents in the Rafale case. Lekhi had asked the court to initiate criminal contempt action against Gandhi for twisting the top court’s April 10 judgment to claim that the court declared Prime Minister Narendra Modi guilty of corrupt practices in purchase of the Rafale aircraft.

Gandhi had apologised for misquoting the Supreme Court at the previous hearing. The court, however, had asked him to give a written apology and was not convinced by Gandhi’s earlier affidavit.

Also Read: Police arrest around 200 men, women from Noida rave party

The three-judge SC Bench, also comprising Justice KM Joseph and SK Kaul, insisted that the hearing of both cases – review petition and contempt case – willbe held together and adjourned the matter. May 10 is the last day before the Supreme Court breaks for summer recess.

During the brief hearing, advocate Prashant Bhushan told the bench that he would argue the review pleas as well as an application seeking production of certain documents.

He said the court should allow his co-petitioner and former Union minister Arun Shourie to argue a separate application seeking perjury action against unknown government servants for allegedly misleading the court during the Rafale case hearing earlier.[/vc_column_text][/vc_column][/vc_row]

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Election Commission clarifies Form 6 rules for existing voters under SIR

The Election Commission has clarified that voters previously enrolled in electoral rolls can submit Form 6 for inclusion if their names are missing from draft lists published during the Special Intensive Revision (SIR).

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Election Commission of India

The Election Commission of India (ECI) has clarified that voters whose names appeared in earlier electoral rolls but are missing from draft lists published during the ongoing Special Intensive Revision (SIR) can submit Form 6 to seek inclusion in the final electoral roll.

In a communication issued on November 3 to the Chief Electoral Officers (CEOs) of all states and Union Territories, the poll body addressed concerns among previously registered voters who were hesitant to submit the form because of the declaration required alongside it.

The Commission clarified that submitting Form 6 in such circumstances would not, by itself, amount to making a false declaration merely because the applicant had been enrolled as a voter previously.

It also stated that no action under Section 31 of the Representation of the People Act, 1950, would be initiated against such applicants solely on the ground of their previous enrolment.

However, this protection applies provided the applicant is not already registered in another Parliamentary or Assembly constituency and the declaration submitted is otherwise in accordance with the law.

Why existing voters were hesitant to submit Form 6

The clarification follows concerns that some previously enrolled voters were reluctant to apply for inclusion in the electoral roll after finding their names missing from the draft lists published during the SIR exercise.

Form 6 requires applicants to furnish a declaration stating that their names are being included in the electoral roll for the first time.

This created apprehensions among previously registered voters, who feared that submitting the form despite their earlier enrolment could be treated as a false declaration and expose them to prosecution under Section 31 of the Representation of the People Act, 1950.

The Election Commission has now clarified that earlier registration does not prevent an eligible voter from submitting Form 6 again when their name does not appear in the draft electoral roll.

Election Commission refers to Delhi High Court order

In its communication, the Commission also referred to the Delhi High Court’s October 14 order in the case of Nilotpal Datta and another versus the Election Commission of India and others.

The case concerned an applicant who had previously been enrolled as a voter but was apprehensive about submitting Form 6 because of the declaration that the name was being included in the electoral roll for the first time.

The High Court observed that the petitioners’ apprehension was misplaced and allowed them to submit Form 6, if they wished, for processing in accordance with the law.

The Election Commission’s latest clarification is in line with this judicial observation.

EC asks states and UTs to publicise clarification

The poll body has asked Chief Electoral Officers across all states and Union Territories to ensure that the clarification reaches concerned voters.

It has also requested officials to publicise the information widely through available media platforms and in local languages so that eligible voters are aware of the procedure for seeking inclusion in the electoral roll.

The clarification comes amid ongoing concerns and legal challenges surrounding the Special Intensive Revision of electoral rolls and the process of re-enrolling voters whose names do not appear in draft lists.

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Rahul Gandhi accuses Modi of foreign backing, BJP hits back with UK clip

Rahul Gandhi alleged that foreign forces helped Narendra Modi become Prime Minister and continue in power. The Congress leader also challenged Modi to an open debate, while the BJP responded by sharing an old video of his remarks during a UK visit.

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Rahul Gandhi

A fresh political confrontation has erupted between the Congress and the Bharatiya Janata Party (BJP) after Leader of Opposition Rahul Gandhi accused Prime Minister Narendra Modi of becoming and remaining in power with foreign assistance.

Gandhi also challenged the Prime Minister to an open debate on the issue, saying he was ready to face him on any platform and at any time.

The BJP responded by bringing up an old video of Gandhi from his visit to the United Kingdom, reviving the controversy surrounding his remarks about India’s democratic institutions and the role of foreign countries.

What Rahul Gandhi said about PM Modi

Gandhi’s remarks came in response to Modi’s recent comments targeting the Opposition during his address at the Rashtriya Ekta Diwas celebrations in Gujarat on October 31.

In a post on X on Monday, Gandhi accused the Prime Minister of relying on foreign support to attain and retain power.

“Mr Modi, stop lying to this nation. You became PM because of foreign help. You remain PM because of foreign help,” Gandhi wrote.

He further alleged that India’s financial system was fully controlled and supported by foreign entities and claimed that foreign social media platforms backed the Prime Minister.

The Congress leader also challenged Modi to discuss the allegations publicly.

“I challenge you to an open debate about this. Any stage, any time. Come if you have the guts,” he said, adding that the Prime Minister would not accept the challenge because of what Gandhi claimed to know about him.

Why PM Modi criticised the Opposition

Gandhi’s response followed Modi’s address at the Rashtriya Ekta Diwas event in Ekta Nagar, Gujarat, marking the 151st birth anniversary of Sardar Vallabhbhai Patel.

During his speech, the Prime Minister accused the Opposition of moving away from its democratic responsibility of questioning the government and instead becoming an obstructionist force.

Modi described the Opposition as an “Avrodh Paksh” rather than a “Virodh Paksh”, alleging that it was creating obstacles to the country’s development.

Without directly naming Gandhi, the Prime Minister also raised questions about the foreign visits of certain political leaders and their alleged connections with forces opposed to India.

“Who is secretly meeting whom abroad? Whom are the anti-India forces supporting? Who is speaking the language of India’s enemies?” Modi asked.

He also expressed concern over the use of social media to spread rumours and attempts to damage India’s image.

BJP brings back Rahul Gandhi’s old UK remarks

The BJP responded to Gandhi’s allegations by sharing an old video from his UK visit, bringing attention back to his earlier comments about India’s democratic institutions and the involvement of foreign countries.

During an interaction at Chatham House in London in March 2023, Gandhi had alleged that several Indian institutions, including the Press, judiciary, Parliament and Election Commission, were under threat.

He had also questioned why Europe and the United States were not doing enough to raise concerns about what he described as threats to democracy in India.

The remarks had triggered a political controversy at the time, with the BJP accusing Gandhi of seeking foreign intervention in India’s internal affairs.

BJP leaders had demanded an apology from the Congress leader over his comments during the UK visit.

The resurfacing of the old video has brought those earlier remarks back into the political debate as the Congress and BJP trade accusations over alleged foreign backing.

Political confrontation intensifies

The latest exchange comes amid an ongoing confrontation between the ruling BJP and the Opposition over several issues, including allegations of electoral irregularities and the role of constitutional institutions.

Gandhi’s challenge to Modi for an open debate has added another dimension to the political dispute, with both parties questioning each other’s alleged connections with foreign forces.

While Gandhi has accused the Prime Minister of benefiting from foreign support, the BJP has repeatedly questioned the Congress leader’s overseas remarks and alleged attempts to involve foreign countries in India’s internal political matters.

Neither side’s allegations about foreign backing should be treated as established facts without supporting evidence.

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Kiren Rijiju mocks Congress over AI-generated Ramlila Maidan crowd photo

Union Minister Kiren Rijiju took a swipe at Congress over an alleged AI-generated photograph showing a massive crowd at the INDIA bloc’s Ramlila Maidan rally, questioning the authenticity of the image.

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Union Parliamentary Affairs Minister Kiren Rijiju has taken a dig at the Congress over an alleged AI-generated photograph showing a massive gathering at the INDIA bloc’s rally at Delhi’s Ramlila Maidan.

In a post on X on Sunday, Rijiju accused the Congress of sharing an artificially generated image to create the impression that the venue was packed with supporters. Taking a swipe at the party, he suggested that even the purported AI-generated photograph had not been created properly.

“Even the fake AI photo to show that Ramlila ground was full is not done properly by the fake narrative team of Congress Party!” Rijiju wrote.

His remarks came after the INDIA bloc organised a rally at Ramlila Maidan on November 1, bringing together several Opposition leaders to protest against alleged irregularities in electoral rolls and the Special Intensive Revision (SIR) exercise.

BJP questions Congress’s claim of 10 lakh attendees

The controversy over the photograph came amid a political dispute between the BJP and Congress over the number of people who attended the Opposition rally.

Ahead of the gathering, the INDIA bloc had projected an attendance of around 10 lakh people. However, BJP leaders questioned the claim following the event.

BJP MP Sambit Patra alleged that a significant portion of Ramlila Maidan remained vacant during the rally. He claimed that around 5,000 to 7,000 chairs out of the 28,000 at the venue were unoccupied between 3:30 pm and 4 pm.

Patra also claimed that approximately 40 per cent of the ground was empty, questioning the Opposition’s projected attendance figure.

These claims formed part of the BJP’s criticism of the rally’s turnout.

INDIA bloc rally targeted Election Commission

The November 1 gathering was organised by the INDIA bloc to protest against alleged irregularities in the functioning of the Election Commission and the SIR exercise.

The Opposition’s demands included accountability over the electoral roll revision process and the resignation of Chief Election Commissioner Gyanesh Kumar.

Several prominent Opposition leaders attended the gathering, including Congress leader Rahul Gandhi, party president Mallikarjun Kharge, Trinamool Congress chief Mamata Banerjee and Samajwadi Party president Akhilesh Yadav.

During his address, Rahul Gandhi accused the Chief Election Commissioner of facilitating alleged vote theft and said the Opposition would continue its fight to protect the Constitution through peaceful and democratic means.

The rally and the subsequent exchanges between BJP and Congress leaders brought the dispute over electoral rolls and crowd attendance into sharper political focus.

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