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SCAORA urges CJI to restore physical court hearings from July.

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The Supreme Court Advocates on Record Association (SCAORA) has urged  the Chief Justice of India SA Bobde to restore working of the Courts in a physical setting, from July 2020.

In a letter on Tuesday,  SCAORA President Shivaji M Jadhav said that Open Court hearings are the spine of our system and that virtual courts are not a substitute for physical courts. The letter draws attention of the CJI towards the difficulties being faced by the lawyers in coping up with the system of the virtual courts.

The SCAORA president apprises the CJI that almost 90 percent of lawyers are not comfortable with the virtual court hearings and are unable to present their cases effectively via the virtual medium.

“In the matter involving several parties and appearance by many lawyers, not all lawyers are given a chance to speak and sometimes their mics are put on mute by the coordinator as a result of which their matters get heard in their absence,” the letter says, adding there are problems with audio and video quality of hearings, which results  in  the  lawyers  not  being  able  to  effective  put forth their arguments.

The letter also highlights that there are still several lawyers who are outside Delhi/NCR and in their respective hometowns, who don’t have access to their files and thus unable to participate effectively in the virtual court hearings.

“Many times, when a senior advocate or arguing counsel appears, he/she is left to appear on their own. The AOR/briefing lawyer is unable to assist them effectively in this virtual medium,” says the letter.

The SCAORA president has also highlighted problems being faced by the lawyers in e-filing.

“Many times, all documents filed through E-filing are not available with the Bench.  After filing matters, the registry takes its own time to scrutinize matters. Lawyers are having to follow up and give several reminders to the registry officials. The defect curing mechanism as well as the registration of matters are problematic areas that need urgent re-consideration.”

The association has also apprised the CJI about the financial crunch being faced by several lawyers due to the coronavirus induced lockdown.

“Most  lawyers  are  facing  severe  financial  problems  during  this pandemic, due to staggered working of Courts for the past three months.”

The letter adds that unless the normal functioning of Courts is resumed, the said concern will not abate.

Requesting the CJI to resume physical court hearings upon re-opening in July 2020 after summer vacations, the SCAORA letter also suggests several precautionary measures for the physical functioning of the court.

“The total number of matters be split into two slots, to be taken up before  lunch  and post-lunch.  Every  lawyer  could  be  required  to compulsorily leave the Courtroom after his/her matter is over. A limited number of lawyers per matter be allowed, such as only the concerned AOR with Senior Advocate or arguing Counsel and one junior lawyer.”

Apart from suggesting well-known precautions like sanitation, wearing masks; the letter further suggests that “the existing distance between the lawyers and Judges be increased. The quality and working of mics be improved so that lawyers can be heard even from a distance”.

SCAORA President Jadhav also appreciated the Supreme Court for its effort to provide access to justice in these difficult times of Covid-19 Pandemic, and expressed gratitude for the provision of the new E-Filing module software.

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Manipur: Congress hits back at BJP chief Nadda’s letter to Kharge

Ramesh emphasised that Nadda’s letter is replete with inaccuracies and reiterated that the people of Manipur long for normalcy, peace, and harmony.

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The Congress on Friday lashed out at BJP president JP Nadda’s accusations that the Opposition party was promoting a politically motivated narrative concerning the situation in Manipur.

The grand old party described Nadda’s letter to Congress chief Mallikarjun Kharge as a 4D exercise, which means denial, distortion, distraction, and defamation.

Nadda, responding to Kharge’s call for President Droupadi Murmu’s intervention and his claims of the Centre’s total failure in managing the crisis, claimed that the consequences of Congress’s “abject failure” in handling local issues in Manipur during its governance are still being felt today.

Responding to Nadda, Congress General Secretary for Communications Jairam Ramesh stated, “Congress President Kharge ji wrote to the President of India on Manipur. Apparently, to counter that letter, the BJP President has now written to the Congress President.”

Ramesh emphasised that Nadda’s letter is replete with inaccuracies and reiterated that the people of Manipur long for normalcy, peace, and harmony.

He noted that they are posed with four critical questions: When will the Prime Minister visit the state? How much longer will the Chief Minister remain in office despite lacking majority support? When will a full-time Governor be appointed? And when will the Union Home Minister be held accountable for his failures in Manipur?

Nadda expressed astonishment at the Congress’s ongoing efforts to sensationalize the situation in Manipur, pointing out that Kharge appeared to overlook the fact that his party’s past government had legitimized the illegal migration of foreign militants to India, during which former Home Minister P Chidambaram had signed relevant treaties.

On Tuesday, Kharge had written to President Murmu regarding the worsening conditions in Manipur, requesting her immediate intervention to ensure that the citizens of the state can live peacefully and with dignity.

In his two-page letter, Kharge accused both the Union and Manipur state governments of “completely failing” to restore peace and normalcy over the past 18 months, resulting in a loss of public confidence in their leadership.

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Rahul Gandhi is right, Gautam Adani should be arrested: RJD president Lalu Yadav

“Rahul Gandhi is right. Adani should be arrested,” said Prasad, who is an old ally of the Congress and a staunch opponent of the BJP, to which Adani is said to be close.

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RJD president Lalu Prasad Yadav on Friday spoke in support of Congress leader Rahul Gandhi’s demand for immediate arrest of Gautam Adani, after the Industrialist was charged in the US for alleged bribery and fraud.

Gandhi, the Leader of Opposition in the Lok Sabha, said on Thursday that Gautam Adani should be arrested immediately, and his protector Madhabi Puri Buch should be investigated

The former Congress chief claimed that the recent developments vindicate his long-standing allegations against Gautam Adani. He took a sharp dig at Prime Minister Narendra Modi and alleged that Modi is protecting Adani, and is also involved in corruption. 

Yadav, the former chief minister of Bihar, was responding to queries from journalists here about Gandhi’s statement on the previous day, in the backdrop of charges of bribery and fraud against the Adani group in the US.

“Rahul Gandhi is right. Adani should be arrested,” said Prasad, who is an old ally of the Congress and a staunch opponent of the BJP, to which Adani is said to be close.

The RJD supremo, who incidentally has been convicted in several fodder scam cases and is on bail, was also asked about prospects of the INDIA bloc, of which his party is a part, in Jharkhand, where the counting of votes for assembly polls is scheduled on Saturday.

Speaking to PTI, the ailing septuagenarian replied, “I would like to remain focused on my statement that Adani must be arrested. I am not worried much about a new government (in Jharkhand) where we are already in power.” Jharkhand witnessed a straight battle between the INDIA bloc and the BJP-led NDA, which included the JD(U) headed by Nitish Kumar, Prasad’s arch-rival and the current Chief Minister of Bihar.

Addressing a press conference on Thursday, Gandhi further said that Chief Ministers have been jailed for scams of Rs 10-15 crore, but Adani, who has committed a scam of Rs 2000 crore is walking free.

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Cash for votes row: BJP leader Vinod Tawde sends legal notice to Rahul Gandhi, Mallikarjun Kharge, asks them to apologise or face defamation

The BJP leader said the allegations against him were false, baseless and made with malafide intentions.

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Cash for votes row: BJP leader Vinod Tawde sends legal notice to Rahul Gandhi, Mallikarjun Kharge, asks them to apologise or face defamation

BJP leader Vinod Tawde, accused of distributing cash to influence voters, has sent a legal notice to Congress leaders Mallikarjun Kharge, Supriya Shrinate and Rahul Gandhi over the controversy. The BJP leader has demanded their apologies or face a Rs 100-crore defamation case.

Vinod Tawde’s legal notice came after regional party Bahujan Vikas Aghadi (BVA) leader Hitendra Thakur on Tuesday accused him of distributing Rs 5 crore at a hotel in Virar in Palghar district, 60 km from Mumbai, to woo voters.

In the legal notice, the BJP leader said the allegations against him were false, baseless and made with malafide intentions. He claimed that he demanded an apology from the three Congress leaders for their remarks against him in the cash-for-votes row or he would be forced to initiate criminal proceedings against them.

Just a few hours before the Assembly Elections, a video went viral on Tuesday showing BVA workers storming into the hotel in Palghar during a meeting between Vinod Tawde and Rajan Naik, the BJP candidate from the Nalasopara seat. The BVA workers alleged that Tawde was caught red-handed with Rs 5 crore cash.

In the viral video, the BVA workers were seen taking out bundles of cash from a bag, while Tawde was sitting at a distance. The BVA workers also took pictures and videos of him on their phones. Amid these allegations, BVA leaders said that Rs 5 crore cash was distributed, an election official on Tuesday said Rs 9.93 lakh cash was recovered from the hotel rooms.

However, Vinod Tawde denied the allegation, saying he was only providing guidance to party workers on poll procedures and said he was not stupid enough to distribute money at his opponent’s hotel. Speaking to the media, he said that the Vivanta Hotel is owned by the Thakurs, and he is not stupid to go to their hotel and distribute money there.

The Police registered two FIRs against Tawde, BJP candidate Naik and others in connection with the controversy. Additionally, the Election Commission filed three FIRs against Tawde.

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