English हिन्दी
Connect with us

India News

Unnao case: CJI Gogoi to take up rape victim’s letter tomorrow; Supreme Court registry under lens again

Published

on

Supreme Court

By Rajesh Sinha

The role of Supreme Court registry is under a lens again for failing to put up to Chief Justice of India Ranjan Gogoi a letter from Unnao rape victim apprehending threat to her life.

Learning of the letter from reports, CJI Gogoi, taking suo motu cognisance, said he will hear the matter tomorrow, Thursday, Aug 1. The CJI assured that a judicial order would be passed to ensure the safety and better conditions for the rape survivor, said media reports. 

Calling it a “highly volatile situation”, CJI Gogoi said he was informed about the letter only on Tuesday (July 30). The CJI asked why the court registry had not brought the letter to his attention.

 “The letter has not been placed before me and newspapers flashed that CJI did not act,” Justice Gogoi said.

The letter written on July 12 came to light almost two days after a truck collided with their car on July 28. The collision, which happened near Rae Bareli, claimed the lives of two of the aunts of the victim. One of them was a key witness in the rape case in which the prime accused is a four-time BJP MLA from UP’s Bangermau, Kuldeep Singh Sengar. He was arrested last year in April.

In the letter, the rape survivor’s family complained that they were facing threats and intimidation from henchmen engaged by the accused and pleaded for providing adequate security. The letter stated that it was annexing a video-recording of the criminal intimidation and the photographs of the aggressors.

On Sunday, July 28, a truck rammed into the car in which the rape survivor was travelling near Rae Bareilly, killing her two aunts and leaving her and her lawyer critically injured.

Chief Justice of India Ranjan Gogoi is understood to have sought a report from the Supreme Court registry regarding the delay in forwarding the letter sent by family of Unnao rape survivor seeking protection from threat. 

This is not the first instance of the questions arising about Supreme Court registry’s role. Several other instances were reported this year itself.

Delay in issuing notice on petition by rape survivor’s mother

A report in The Telegraph said that the SC registry had also delayed issuing notice to Kuldeep Singh Sengar in the petition filed by the rape survivor’s mother seeking transfer of trial of the case from Unnao to Delhi citing intimidation from the accused.

The bench of Justices SA Bobde and Abdul Nazeer had issued notices to the CBI and 14 respondents, including the BJP MLA on April 16. In the normal course, the matter ought to have been listed after four or six weeks. But in this case, it had not come up for hearing till date, The Telegraph reported.

The Supreme Court registry staff had not sent copies of the notice issued by the bench in April until June 28, the Telegraph report suggested.

Ideally, the copies should have reached all the respondents by registered post within a week or 10 days.

A report in The Hindustan Times said the notices were sent by the Supreme Court registry only on June 26, over two months after the court order. The report said that according to the mother’s lawyer, RK Reddy, the matter has not been listed since then.

According to an office report of the Supreme Court registry prepared on July 26, four suspects are yet to receive the court notice as the addresses given in the petition are “insufficient,” the HT reported,

None of the respondents, including the CBI, has so far filed any response to the plea to transfer the case, said The Telegraph. Notices could not be served by the registry on two of the accused apparently because their addresses could not be tracked by the postal department.

In the transfer petition, the mother had detailed how her husband died in custody and the relentless threats the family was facing to pressure them to withdraw the allegations against the BJP legislator.

SC decides to depute CBI, police officers to keep tab on wrongdoings in registry

Earlier this month, on July 8, CJI Gogoi, in his administrative capacity as head of the judiciary, taking note of allegations of listing of cases out of turn before various benches of the apex court, decided to appoint senior superintendents of police and superintendents of police from the CBI and Delhi Police to keep a tab on suspect listing of cases and other activities of employees and lawyers.

Also Read: Unnao rape: Murder case against BJP MLA Sengar and others after rape victim’s car crash

Recently, two members of the court staff were dismissed by the chief justice on the allegation of changing an order in a case related to an industrialist.

The apex court has also appointed a one-man enquiry panel after lawyer Utsav Bains made a sensational allegation that middlemen were active in getting cases listed as per their own wishes. The panel is headed by former Supreme Court judge Justice AK Patnaik.

However, just a week after this, another instance cropped up on July 15 and the CJI came down heavily on the Registrar (Listing) over the deletion of a matter against specific directions.

In the morning, an Advocate pointed out that her matter which had been listed for Tuesday after being ‘mentioned’ on Friday happens to have been omitted from the causelist.

Dates for hearing Rafale deal review plea and contempt case against Rahul Gandhi

In May, a Supreme Court bench led by Chief Justice Ranjan Gogoi had deferred a plea seeking review of its December 2018 judgment in the Rafale deal case to May 10 – because the Supreme Court registry had not tagged it along with the hearing on the contempt case against Congress president Rahul Gandhi, as specifically ordered by the court. 

Also Read: Unnao case: CBI books BJP MLA Kuldeep Sengar, 10 others for attempt to murder

The Supreme Court registry had on its own listed it for a separate hearing instead.

On April 30, CJI Gogoi-led bench had dictated its order in open court that the two cases be listed for hearing on Monday, May 6. But in the copy of the order uploaded on the website of the Supreme Court, the two cases were to be listed separately: review petition on May 6 and contempt case on May 10, a day before the court recesses for summer vacation.

Tampering with order to exempt Anil Ambani from personal appearance in Ericsson contempt plea

On January 7, the apex court had turned down a request from industrialist Anil Ambani lawyers seeking exemption from his personal appearance in a contempt plea moved by Ericsson India against him. 

Justice Nariman’s order was: “…personal appearance of the alleged contemnor(s) not dispensed with”.

However, when the order was uploaded on the website it read: “personal appearance of the alleged contemnor(s) dispensed with”.

This had been brought to the Court’s notice by Ericsson counsel and a corrected order was uploaded on the website on January 10.

After a preliminary inquiry, it was found that the omission of the word “not” in the order was not accidental. The two employees found responsible were sacked in an order passed by the CJI.

India News

Akhilesh Yadav says BJP orchestrated Sambhal violence to cover up byelection malpractice

He said that impartial investigations would reveal that many voters were unable to cast their ballots and that someone else had fraudulently voted in their place.

Published

on

Samajwadi Party chief Akhilesh Yadav on Sunday accused the BJP government of orchestrating the violence in Uttar Pradesh’s Sambhal district during a mosque survey, claiming it was a ploy to distract from electoral malpractice.

Yadav, the former chief minister of Uttar Pradesh, also alleged incidents of electronic booth capturing during the recently concluded bypolls for nine Assembly seats in the state, suggesting that a forensic examination of the electronic voting machines (EVMs) by the Election Commission could provide clarity on the situation.

Earlier in the day, the Uttar Pradesh Police used tear gas to disperse the crowd after it got violent and started stone pelting as tension escalated during a second survey of the Mughal-era mosque, claimed to be originally the site of an ancient Hindu temple. At least ten people were detained following the violent clash.

The local administration said that a second survey, led by an “Advocate Commissioner” as part of a court-mandated examination of the disputed area, commenced around 7 AM, attracting a gathering crowd.

Yadav made the statement a day after the results of the UP bypolls, where the Samajwadi Party secured only two seats, while the BJP and its ally, the RLD, won seven, including the Kundarki seat, which has a significant Muslim population.

“A serious incident took place in Sambhal, where a survey team was intentionally sent in the morning to disrupt election discussions. Their goal was to create chaos and prevent any debate on election-related issues,” Yadav claimed.

He said that several individuals were injured in the Sambhal violence, with one fatality, and questioned the need for a new survey conducted without proper preparation, especially when a previous survey had already been completed.

The Samajwadi Party chief said, “I won’t delve into legalities, but the other side wasn’t given a fair hearing. This was clearly designed to incite emotions and distract from conversations about electoral fraud.”

Yadav asserted that the events in Sambhal were a deliberate act by the BJP to divert attention from the alleged electoral irregularities. “In a true democracy, victory should come from the people, not the system. The kind of democracy the BJP is establishing ensures that the system prevails over the voters,” he stated.

He said that impartial investigations would reveal that many voters were unable to cast their ballots and that someone else had fraudulently voted in their place.

He charged that on election day, the police and administration removed nearly all of the Samajwadi Party’s booth agents and many supporters eager to vote. “If voters were shut out, who actually cast the votes? If our party’s votes didn’t reach those booths and our candidate received no support, then who voted there? This is a serious concern,” he said.

Yadav also pointed out discrepancies with polling slips, alleging the presence of both red-marked and regular slips, which he claimed led to discriminatory practices on voting day. Haji Rizwan, the Samajwadi Party candidate for Kundarki, echoed the same claims, stating that his supporters faced barriers to voting. BJP’s Ramveer Singh won the Kundarki bypoll by a notable margin of over 145,000 votes.

Yadav said that a victory gained through deceit is nothing but an illusion that ultimately burdens those who orchestrated it. “This entire act has been staged by the BJP. Such a victory only morally weakens those who achieve it and dulls their conscience,” he said.

He questioned how one can uphold democracy when the government and administration themselves engage in oppression. “This dishonesty is not a new phenomenon. Election rigging has become their standard operating procedure, and the evidence has been captured on camera. Even an MLA faced humiliation,” the former chief minister alleged.

Continue Reading

India News

Former CJI Chandrachud removed fear of law from political defectors, claims Shiv Sena (UBT) leader Sanjay Raut

 “If he would have given a timely verdict in disqualification petition of Shiv Sena (UBT), the scenario in Maharashtra would have been different. History will never forgive him,” he said. 

Published

on

Shiv Sena (UBT) leader Sanjay Raut on Sunday criticised former Chief Justice of India D Y Chandrachud, accusing him of undermining the rule of law for politicians who switched parties in Maharashtra.

This statement from Raut follows his party’s disappointing performance in the recent state Assembly elections, where they secured only 20 out of the 95 seats contested within the Maha Vikas Aghadi (MVA) alliance. The results for the alliance’s partners were similarly poor, with Congress winning 16 of 101 seats and the NCP (SP) claiming just 10 of the 86 seats they contested for.

Raut asserted that by failing to rule on the disqualification petitions, Chandrachud enabled defections to occur freely.

Speaking to reporters, Raut said: “Chandrachud has eradicated the fear of the law among defectors. His actions will be remembered negatively in history.”

After the split of the Shiv Sena in 2022, the faction led by Uddhav Thackeray filed petitions in the Supreme Court seeking the disqualification of MLAs who defected to join Eknath Shinde. The Supreme Court subsequently assigned the responsibility to the Assembly Speaker, who earlier this year ruled that the Shinde-led faction represented the real political party.

Raut said the result of the Maharashtra Assembly election 2024 could have been different if Chandrachud had not delayed the decisions regarding disqualification petitions.

 “If he would have given a timely verdict in disqualification petition of Shiv Sena (UBT), the scenario in Maharashtra would have been different. History will never forgive him,” he said. 

“The choice of Maharashtra’s Chief Minister will be dictated by the Gujarat lobby. Perhaps the swearing-in ceremony should take place in Gujarat instead of Maharashtra,” he said. Additionally, Raut credited the Rashtriya Swayamsevak Sangh (RSS) for their role in the success of the Mahayuti coalition, alleging that their aggressive campaigning techniques significantly influenced the election results.

Continue Reading

India News

At all-party meet, Congress demands discussion on Adani, Manipur in Parliament winter session

The winter session of Parliament is scheduled to continue until December 20, with no sessions planned for November 26 in observance of Constitution Day.

Published

on

In the customary all-party meeting convened by the government ahead of the winter session of Parliament on Sunday, the Congress demanded that the BJP-led central government discuss allegations against the Adani Group and the Manipur violence.

Congress leader Pramod Tiwari said that his party demanded discussions on issues such as the Adani Group bribery allegations, the Manipur crisis, pollution, and train accidents in the parliamentary session, which is starting on Monday.

Union Minister of Parliamentary Affairs Kiren Rijiju announced during a press conference that an all-party meeting was held to discuss the upcoming winter session of Parliament. A total of 42 political representatives were present, consisting of 30 party leaders and party floor leaders, each contributing their suggestions, he added.

Rijiju stated that these suggestions would be reviewed with the business advisory committee and the Speakers of both Houses to determine which issues would be addressed in the Lok Sabha and Rajya Sabha. He emphasised the desire for constructive and peaceful discussions in both Houses.

Speaking to the media after the meeting, Congress leader Gaurav Gogoi highlighted several key issues raised by the Congress and the INDIA alliance during the meeting. He pointed out that a significant concern was the financial sector scam recently highlighted by the US government, urging the BJP-led NDA government to provide clear answers regarding the matter.

Regarding the issues discussed, AAP leader Sanjay Singh noted that corruption related to the Adani group was damaging India’s global reputation and warranted further discussions.

He also mentioned the ongoing violence in Manipur, which has persisted for a year and a half without government intervention. Additionally, Singh said he raised concerns about irregularities during the Uttar Pradesh bypolls, where voters faced intimidation, questioning the integrity of the electoral process.

Singh expressed skepticism about the government’s claim to implement the Waqf Bill without awaiting the Joint Parliamentary Committee’s report.

SAD leader Harsimrat Kaur Badal said she brought to attention several issues concerning farmers, stating that they are being exploited by a central government, receiving less than the minimum support price (MSP) for their crops.

She noted that a significant percentage of DAP fertiliser supplied by the Centre is reportedly fake, and highlighted concerns regarding land transfers to Haryana in Chandigarh, which violate the Punjab Reorganization Act.

In the meeting, Badal also criticised the forced acquisition of farmland for the Bharatmala Expressway and suggested that there may be a collaborative effort between the Centre and the Opposition to stall House proceedings, emphasising that the responsibility to manage the House lies with the government.

The Congress party, which is the largest Opposition party in the House, is expected to prioritise discussions on the situation in the Northeast, the ongoing border tensions at the Line of Actual Control, and allegations surrounding businessman Gautam Adani.

The government has prepared 16 bills for consideration, including the Waqf Amendment Bill, which is under review by the Joint Parliamentary Committee.

Moreover, there may be discussions regarding the contentious ‘One Nation, One Election’ proposal, which Prime Minister Narendra Modi has supported as a means to optimise resources and enhance democracy, although it has faced opposition from Congress.

The winter session of Parliament is scheduled to continue until December 20, with no sessions planned for November 26 in observance of Constitution Day.

Continue Reading

Trending

© Copyright 2022 APNLIVE.com