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Beating the model code of conduct: Candidates can’t give cash but governments can

There has been a flood of offers and sops from both parties, ironically started by the BJP which has been at the forefront of a campaign to eliminate freebies

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Shivraj Singh Chouhan

By Neeraj Mishra

Diwali has slowed down the race in Madhya Pradesh and Chhattisgarh while people celebrate and reflect on the booty on offer in the two states. There has been a flood of offers and sops from both parties, ironically started by the BJP, which has been at the forefront of a campaign to eliminate what it calls “freebies” and their impact on the economy. A lawyer associated with the party has even filed a PIL in the Supreme Court calling for an end to freebies offered by parties ahead of elections.

Sops should first be cleared by a board consisting of Income Tax payers. But in the current elections, it is not the free promises but the misuse of state apparatus that is making waves. After 17 years in the saddle, Shivraj Singh Chouhan suddenly woke up to the power of the word “free” and made it state policy. Just before the election dates were announced, he offered Rs 3,000 per month to all “pyari behenas”.

Two instalments have been delivered, one on Rakhi and the other on Karva Chauth. Similarly in Chhattisgarh, Chief Minister Bhupesh Baghel has offered Rs 2,500 per month to all unemployed youth below the age of 35. Three instalments have been delivered. If this is not enticement, what is? But it is not covered under the Model Code of Conduct as defined by the Election Commission of India.

Candidates can’t give cash but governments can. There is more, Chouhan has offered Rs 500 subsidy on gas to every “vivahit mahila”. So have Baghel and his Rajasthan counterpart Ashok Gehlot. Chouhan has another Seekho Kamao Scheme 2023 where all unemployed youth are being given Rs 10,000 so that they can learn some skill and start their own business.

This, of course, includes learning how to make tea and pakoras. All state governments going to elections have launched their own Mukhmantri Awas Yojana on the lines of the PM Awas Yojana. The above are instances of direct cash transfer by the state and the ruling party which gives it an obvious edge. So where is the level playing field for all candidates?

To level the field, opposition parties in both states have adopted the more the merrier promises. If the Congress in Chhattisgarh wanted to give Rs 2,800 per quintal of rice, the BJP immediately promised Rs 3,100 forcing the Congress to revise its offer to Rs 3,200. So the BJP decided to offer Rs 12,000 to every woman in the state per year. For this, it has started a fill-the-form campaign. All women who filled a BJP form declaring that they want the Rs 12,000 will be given Rs 12,000 if the party comes to power. So again this is a model contravention of the model code of conduct.

There is no cash given now but it will be given definitely. Modi ki Guarantee hai. Congress got smart and upped it to Rs 15,000 per year. So now just calculate the cash dole out. Every married woman will get Rs 3000 per month in MP. So if a family has only two women, the mother-in-law and the daughter-in-law, then the household gets Rs 72,000 per year. Add to it LPG cylinder for Rs 500 and Rs 1 per kg rice, so where is the need to work? Of course, the government will also give Rs 10 lakh health insurance cover and a PM or CM Awas.

There are other free ideas to avail of, from school dress to cycle and sewing machine to pakora stalls. In Chhattisgarh, each farmer will get Rs 1,000 above the MSP per quintal. It’s far above what the rest of the country gets. If there are two unemployed sons because farming is not employment, then each gets Rs 24,000 per year. The wife and daughter get Rs 12,000 or Rs 15,000 per year. Of course, the same gas, housing and health schemes apply here apart from free rice, dal and chana. Are we trying to bring up a generation which does not need to work? Is it only moot to ask this or wait for the Supreme Court to deliver its verdict?

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Supreme Court judge calls police assault on CJP protesters very distressing

Supreme Court judge Justice Ujjal Bhuyan criticised alleged police assaults on CJP protesters and raised concerns over excessive force.

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Supreme Court

Supreme Court judge Justice Ujjal Bhuyan has criticised the assault of protesters by police personnel during the recent CJP demonstrations in Delhi, describing the conduct as “very, very distressing” and a matter of serious concern.

Speaking at the launch of retired IPS officer Yashovardhan Azad’s book Policing the Republic, Justice Bhuyan said the detachment expected from police officers appeared to be diminishing.

He expressed concern over young Indian Police Service officers personally participating in the assault of protesters and demonstrators.

Justice Bhuyan stresses need for responsible policing

Justice Bhuyan said effective policing does not require excessive use of force or infringement of human rights. He emphasised that the police play an important role in maintaining public confidence because citizens generally approach the police when they feel they have been wronged.

He said maintaining the credibility of the police force was therefore of “utmost importance”.

The judge’s remarks come amid continuing scrutiny of the police and paramilitary response to the CJP protests in Delhi.

Supreme Court panel to examine police action

The Supreme Court has constituted a high-level panel to investigate allegations concerning the use of force by Delhi Police during the July 20 student protests at Jantar Mantar and the subsequent Parliament march.

The panel, headed by former Supreme Court judge Justice R Subhash Reddy, will examine complaints relating to lathi charges, tear gas, pellet guns and electronic batons. It will also look into allegations of targeted harassment or molestation of female protesters and review available CCTV and video footage.

The police response during the protests has faced criticism, while Delhi Police has maintained that its personnel were also attacked during the clashes.

Judge raises concern over custodial deaths and torture

Justice Bhuyan also spoke about custodial torture and deaths, describing custodial death as one of the gravest crimes in a society governed by the rule of law.

He stressed that torture and cruel, inhuman or degrading treatment cannot be accepted, regardless of whether such conduct takes place during investigation, interrogation or other circumstances.

The judge further warned that when government functionaries themselves become lawbreakers, it can undermine respect for the law and encourage lawlessness.

He questioned whether citizens lose their fundamental rights simply because they have been arrested by police.

‘Fake encounters’ cannot be part of policing

Justice Bhuyan also addressed allegations of extra-judicial killings, commonly referred to as “fake encounters”. Referring to a 2011 Supreme Court judgment, he said such encounters undermine the rule of law.

He stressed that an “encounter philosophy” cannot become part of legitimate policing and said proven fake encounters involving serving police officers must be treated with the utmost seriousness.

The Supreme Court’s panel will now examine the allegations surrounding the police action during the July 20 protests as scrutiny of the events continues.

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8 Tamil Nadu engineering students killed in Kerala car-lorry crash

Eight engineering students from Tamil Nadu were killed after their car collided with a parked lorry on NH-66 in Kerala’s Thrissur district.

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Eight engineering students from Tamil Nadu were killed after the car they were travelling in crashed into a parked lorry on NH-66 in Kerala’s Thrissur district late Friday night, police said.

The accident took place at around 11.40 pm at Panambikkunnu in Kaipamangalam. The students were travelling from Guruvayur towards Kodungallur when their car collided with the rear of the lorry.

What happened in the Thrissur accident

According to the FIR, the lorry was parked illegally on the right side of the highway near a barricaded section where traffic had been diverted because of ongoing construction work.

Police said the car was travelling at high speed and its driver apparently failed to notice the diversion barricade before the vehicle crashed into the rear of the lorry.

The lorry was registered in Maharashtra.

Six students died at the accident spot, while two others were declared dead on arrival at a nearby hospital, police said.

Six victims identified

The victims were students of an engineering college in Dindigul and were travelling towards Kodungallur along NH-66.

Police have identified six of the eight victims. Four of them — Surya, Yuvasanjith, Vishva and Johua — were from Dindigul. The other two identified victims were Santhosh and Prasanna from Madurai.

The identities of the remaining two students are yet to be confirmed.

Residents, fire and rescue personnel and police took part in the rescue operation and pulled the students from the badly damaged car. The bodies were subsequently taken to the mortuary of Thrissur Medical College.

Case registered against lorry driver

Kaipamangalam police have registered a case against the lorry driver under Section 105 of the Bharatiya Nyaya Sanhita for culpable homicide.

Police said the driver went into hiding shortly after the accident.

The families of the victims were contacted using student identity cards recovered from the bodies. Police said some families were unaware that their children had travelled to Kerala.

Postmortem examinations will begin after the families reach Thrissur Medical College, police said.

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Air India sacks Phuket-Delhi flight pilot after failing drug test

Air India has terminated the Phuket-Delhi flight pilot after a confirmatory test found a psychoactive substance following the August 4 incident.

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Air India has terminated the employment of the pilot-in-command of a Phuket-Delhi flight after he tested positive for a psychoactive substance.

The pilot was in command of flight AI2379, which was travelling from Phuket to Delhi on August 4 when the aircraft suddenly lost altitude over Odisha. The incident left 24 passengers injured.

Air India said the termination was in line with its zero-tolerance policy regarding safety violations and regulatory requirements.

Air India terminates pilot with immediate effect

In a statement, the Tata-owned airline said the pilot-in-command had tested positive for a psychoactive substance.

The airline said that, considering its zero-tolerance approach to violations related to safety, fitness and regulatory requirements, the pilot’s employment had been terminated with immediate effect.

Air India also said it continues to cooperate fully with the investigation into the incident and has provided access to relevant operational, maintenance and technical records.

What happened on the Phuket-Delhi flight?

According to the preliminary findings of the Aircraft Accident Investigation Bureau (AAIB), the Airbus A320 was carrying 145 people when it experienced the near-simultaneous loss of all three hydraulic systems while cruising at around 36,000 feet.

The technical failure resulted in the autopilot disconnecting and triggered a brief stall warning. The aircraft subsequently lost altitude, resulting in injuries to 24 passengers.

The preliminary report also noted that the pilot tested non-negative for a psychoactive substance in a confirmatory test.

However, the report did not establish that the pilot’s drug-test result caused or contributed to the hydraulic system failure or the subsequent loss of altitude.

AAIB recommends action over psychoactive substance finding

The AAIB described the confirmation of psychoactive substance use as a serious concern and recommended that the Directorate General of Civil Aviation (DGCA) take appropriate action against the pilot on priority.

The investigation into the technical and other aspects of the incident is still underway.

The preliminary report also noted that the co-pilot was flying the aircraft when the incident occurred and attempted to bring the situation under control.

Air India said safety remains its highest priority and that its pilots undergo training, proficiency checks, medical examinations and other regulatory assessments in accordance with applicable requirements.

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