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Judiciary and Executive spar in open court over judges’ appointments

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Judiciary and Executive spar in open court over judges' appointments

A case relating to judges’ vacancies in high courts of states of Manipur, Meghalaya and Tripura on Friday, May 4, witnessed an open clash between the judiciary and the executive in a manifestation of the tension that has built up between the two branches of the State over appointment of judges.

The Supreme Court bench of Justices Madan B Lokur and Deepak Gupta, hearing a transfer plea of a litigant from Manipur, pulled up the Centre for not clearing the names recommended by the Supreme Court Collegium for appointment as judges, causing undue harassment to litigants. Terming it “an unfortunate situation”, the SC had issued notice to the Centre on April 17.

On Friday the Attorney General KK Venugopal assured the court that appointments to high courts in the northeast would be made soon, but said that will not resolve the problem of vacancies in all high courts. “Collegium has to look at the future. Recommendations need to be made keeping in mind vacancies that will arise six months later,” Venugopal said, pointing out that though some High Courts had 40 per cent vacancy, only a few names were being recommended for appointments. “Collegium doesn’t send us the names and the government is told it is being tardy in processing,” he said.

“Why is the Collegium recommending fewer names when there are so many vacancies in high courts?” asked Venugopal.

The bench told Venugopal that this did not give the government the liberty to sit over names sent long back.

The two-judge bench asked the AG: “Tell us, how many names (recommended by the Collegium) are pending with you.”

The AG replied: “I will have to find out”.

The bench shot back: “This is the problem with you (the government). When it comes to attacking (the) judiciary, you have the data. But when it comes to the government then you say you don’t have the figures.”

The petitioner wanted the Supreme Court’s permission to challenge an order of a single judge of the Manipur High Court before the Gauhati High Court. He claimed he could not file an appeal in the Manipur High Court since it had only two judges, one of whom had given the order. The Supreme Court had sought the Attorney General’s assistance in the matter.

Venugopal said that on April 19, the Collegium recommended a name for appointment as Chief Justice of the Manipur High Court. He said he had spoken to the authorities and they had promised that the appointment would be notified “shortly”.

“Your shortly… can be several months. What are you doing?” the bench asked the AG.

Venugopal replied the government was serious about the appointment and that the same would be done in 10 days, said a report in The Hindustan Times (HT).

The bench said the situation in the North-East was ‘critical’. “In Meghalaya, there is only one judge against four. Even Tripura has just two against four. Recommendation was also made for Meghalaya. What happened to that?… People of North-East are suffering… What are they supposed to do? Should they come here to get their cases transferred to other High Courts and spend money to hire lawyers there?” the bench said.

The Attorney General remarked, in a lighter vein, that the National Judicial Appointments Commission — the NJAC Act was invalidated by the Supreme Court in 2015 — may have been more suitable for dealing with the appointment of judges.

Justice Lokur said the bench was only concerned with appointments to High Courts in the North-East and asked the Attorney General to file an affidavit explaining the position in the next 10 days.

Justice MB Lokur is one of the senior-most judges of the Supreme Court and a member of the collegium that nominates judges to the apex court. This was the first time a member of the collegium has spoken out over the stand-off between the collegium and the government on the appointment of judges, said the HT report.

Last week, while the Centre cleared the appointment of Indu Malhotra as a judge of the Supreme Court, it asked the Collegium to reconsider the recommendation that Justice KM Joseph from the Uttarakhand high court be elevated to the top court. The Collegium had recommended names of both judges together, in the first week of January.

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Security forces arrest 14 Pakistani nationals with around 86 kg of drugs, worth Rs 600 crore near Gujarat Coast

The Indian Coast Guard took to X and wrote in a breathtaking overnight operation, Indian Coast Guard undertook an intelligence-based anti-narcotics operation at sea on 28 Apr 24. About 86 kg of narcotics which is worth Rs 600 crore has been apprehended along with the arrest of 14 Pakistani nationals.

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The Indian Coast Guard on Sunday announced the interception of a Pakistani vessel laden with 86 kg of narcotics valued at Rs 600 crore. Acting on intelligence, a joint operation involving the Indian Coast Guard, the Anti-terrorism Squad (ATS), and the Narcotics Control Bureau (NCB) was launched to combat drug trafficking in the area.

The operation was carried out by the agencies based on intelligence inputs received in the last few days. The Indian Coast Guard took to X and wrote in a breathtaking overnight operation, Indian Coast Guard undertook an intelligence-based anti-narcotics operation at sea on 28 Apr 24.

About 86 kg of narcotics which is worth Rs 600 crore has been apprehended along with the arrest of 14 Pakistani nationals. The operation was an epitome of inter-agency coordination wherein the Indian Coast Guard Anti-terrorism Squad and Narcotics Control Bureau  collaborated seamlessly which resulted in the successful operation.

The ships and aircraft of the Indian Coast Guard had been deployed on concurrent missions to carry out the operation. ICG ship Rajratan, which had Narcitics Control Bureau and Anti Terrorist Squad officials embarked, positively identified the suspect boat.

No amount of evasive maneuvering tactics and resistance employed by the drug laden Pakistani boat could save it from the swift and strong action of ICG ship Rajratan. This operation took place on the basis of a tip-off by the Indian Coast Guard, Narcotics Control Bureau and Gujarat Anti-Terrorist Squad in the Arabian Sea near the International Maritime Boundary Line.

The operation was the 2nd major anti-narcotics operation carried out by the security forces in the Arabian Sea in 1 month. Earlier on February 26, 5 foreign nationals were held off the Porbandar coast with 3,300 kg of narcotics, including charas. Recently a boat carrying 60 packets of drugs was seized and 6 Pakistani crew members onboard the vessel were arrested off the Gujarat coast in a multi-agency operation in March.

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2024 Lok Sabha Elections

Election Commission orders AAP to modify Lok Sabha campaign song

AAP minister Atishi attacked the ECI for putting a ban on the party’s Lok Sabha election campaign song. She said this has happened for the first time in the history of India that the Election Commission has put a ban on the election song of a political party.

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The Election Commission of India asked the Aam Aadmi Party to modify its election campaign song on Sunday. The Election Commission pointed out that the phrase jail ke jawaab me hum vote denge shows an aggressive mob holding the photo of Arvind Kejriwal showing him behind bars, casts a bad impression of the judiciary. The ECI added that the phrase appears several times in the advertisement which contravenes the provisions of ECI Guidelines and Rule 6(1\(g) of Programme and Advertising Codes prescribed under the Cable Television Network Rules, 1994.

AAP minister Atishi attacked the ECI for putting a ban on the party’s Lok Sabha election campaign song. She said this has happened for the first time in the history of India that the Election Commission has put a ban on the election song of a political party.

The Election Commission listed some of the phrases that it found in violation of codes. The phrase: Tanashahi party ko hum chot denge with the video clip showing the protesters clash with the police (running from 00:21 to 00:23) incites violence. The phrase: gunda gardi ke khilaf vote denge and Tanashahi karne wali party ko hum chot denge running from duration 00:27 to 00:32 Sec with the video clip showing Manish Sisodia being escorted by the police. The words and the video clip shows the police in bad light.

The Election Commision said the phrase: Awazein khilaf thi jo sabko jail me daal dia, bas unko hi bahar rakha jisne inko maal dia. Itna lalach, itna nafrat, bhrastachari se mohabbat shows slanderous remarks and is a criticism of BJP on the basis of unverified facts and also casts bad impression of the judiciary. The Election Commission stated that the phrase Tanashahi party ko hum chot denge with the video clip showing aggressive mob clashing with the police shows criticism of the ruling party based on unverified facts.

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2024 Lok Sabha Elections

PM Modi criticises Rahul Gandhi for allegedly insulting Hindu kings, accuses Congress of not addressing atrocities by Muslim rulers

The prime minister was addressing an election rally in Karnataka’s Belagavi where he said, the statements made by the Shehzada of Congress have been made very thoughtfully to appease their vote bank. But the Shehzada does not utter a word about the atrocities committed by the Nizams, Nawabs, Badshahs and Sultans.

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Prime Minister Narendra Modi on Sunday attacked Congress leader Rahul Gandhi for allegedly insulting Hindu kings but not saying a word on atrocities committed by Muslim rulers like Aurangzeb. The prime minister was addressing an election rally in Karnataka’s Belagavi where he said, the statements made by the Shehzada of Congress have been made very thoughtfully to appease their vote bank. But the Shehzada does not utter a word about the atrocities committed by the Nizams, Nawabs, Badshahs and Sultans.

Congress does not remember the atrocities committed by Aurangzeb who destroyed thousands of Hindu temples.  He said Congress forms political alliances with parties who praise Aurangzeb. PM Modi said the Congress do not talk about all those who destroyed Hindu pilgrimage sites, looted them, killed Hindu people, and killed cows.

The Prime Minister was referring to a video clip of Rahul Gandhi which was shared by many BJP leaders. In the video clip, the Gandhi is heard saying, during the rule of Rajas and Maharajas, they could do whatever they wanted and even grab someone’s land. The Congress fought for India’s independence and brought democracy in the country.

PM Modi also mentioned the death of a Karnataka Congress corporator’s daughter, who was killed by her former colleague in her college.  He said the Congress government gives priority to appeasement and for them, the lives of daughters like Neha have no value. The prime minister further added that the Congress is only concerned about its vote bank.

Neha Hiremath, daughter of Congress Councillor of Hubballi-Dharwad Municipal Corporation Niranjan Hiremath, was murdered on the campus of BVB College on April 18 by her ex-classmate Fayaz. PM Modi accused Congress for supporting anti national parties like PFI (Popular Front of India) for votes which is an anti-national organisation that gives shelter to terrorism and which has been banned by the Modi government.

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