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MP High Court judge cleared of sexual harassment charges by Rajya Sabha panel

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MP High Court judge cleared of sexual harassment charges by Rajya Sabha panel

[vc_row][vc_column][vc_column_text]Justice SK Gangele of the Madhya Pradesh High Court has been cleared of the charge of sexual harassment by an inquiry committee constituted by the Rajya Sabha in April 2015 following allegations made against him by a former additional district and sessions judge of Gwalior.

The report of the inquiry committee headed by Supreme Court’s Justice R Banumathi and comprising Chief Justice of the Bombay High Court, Justice Manjula Chellur and Attorney General KK Venugopal was tabled in the Rajya Sabha on Friday shortly after Parliament’s winter session began.

Fifty-eight members of the Rajya Sabha had on March 4, 2015 given a notice to the then Chairman of the House, former Vice President Hamid Ansari for moving a motion for the impeachment of Justice Gangele. The inquiry committee constituted by Hamid Ansari on April 15, 2015 took over 31 months to complete its investigation in the case, while three of its presiding officers were changed during this period. The panel was first formed with Supreme Court’s Justice Vikramjit Sen as the presiding officer who was then replaced with Justice Ranjan Gogoi on February 10, 2016. Justice Rohinton Nariman was next made the presiding officer on March 17, 2016 but was replaced with Justice R Banumathi less than a month later on April 8, 2016.

Justice Gangele had been accused of sexually harassing the woman judge, victimising her “for not submitting to his illegal and immoral demands, transferring her from Gwalior to Sidhi” and “misusing his position as the administrative judge of the High Court” to use the subordinate judiciary to victimise her.

The inquiry committee questioned 22 witnesses – four listed by the complainant including herself, seven on behalf of Justice Gangele and the remaining seven comprising judges of the Madhya Pradesh High Court and district courts and court staff – during its 31-month tenure.

The 135-page report of the inquiry committee, tabled in the Rajya Sabha on Friday, concluded that: “the four instances of sexual harassment alleged by the complainant… are not proved beyond reasonable doubt”. Similarly, it says that the complainant’s allegation that Justice Gangele misused his position using subordinate judiciary to victimize her had also not been proved.

The report also says that the committee found no evidence against Justice Gangele on the complainant’s charge that she had been transferred as Additional District and Sessions Judge from Gwalior to Sidhi because she did not submit to his “illegal and immoral demands”. The Rajya Sabha panel held that the decision of the transfer committee to transfer the woman judge from Gwalior to Sidhi was based on the recommendation by the then district judge Kamal Singh Thakur “who had his own reasons to believe that the complainant was (i) habitual of making unnecessary complaints regarding her staff and non-allocation of substitute staff (ii) she did not use to behave cordially with other judges, especially the civil judges (iii) she made anonymous complaint against the district judge and other judges publicly stating that unlike the previous district judge, administrative skills of the present district judge were not adequate, and thus she should be transferred to some other place.”

However, the panel did conclude that “interference of the respondent judge (Justice Gangele) in transfer of the complainant may be an improper conduct” but qualified its finding by stating: “the same will not amount to ‘misbehaviour’ within the meaning of Article 124 (4) read with Article 217 of the Constitution of India.”

The panel held that the “transfer committee committed an irregularity on solely relying on the recommendation of district judge Kamal Singh Thakur and without making any verification or enquiring on the same, was not justified in transferring the complainant in mid-session. Equally unjustifiable was the rejection of her representations. Transfer of the complainant also does not seem to be in the interest of the administration and, in our view, it was punitive.”

Providing minor relief to the woman judge, the committee held: “in the interest of justice, the complainant has to be re-instated back in the service, in case, if the complainant intends to re-join the service.” Though the committee did not name any specific judge or official of the Madhya Pradesh High Court, it said in its findings that “so far as the Madhya Pradesh high court is concerned… the committee is of the view that there has been a total lack of human face in the transfer of the complainant.”[/vc_column_text][/vc_column][/vc_row]

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No one damaged EC the way Rajiv Kumar has done: Kejriwal on poisoning Yamuna remark notice

Failure to comply, the Commission warned, would result in appropriate action. The political stakes are undeniably high, with accusations flying between the AAP and the BJP-led Haryana government just days before a crucial election.

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Aam Aadmi Party (AAP) national convenor Arvind Kejriwal launched a scathing attack on Chief Election Commissioner (CEC) Rajiv Kumar on Thursday, accusing him of deliberately damaging the Election Commission of India’s credibility and engaging in partisan politics. The former Chief Minister said no one has damaged the election body the way Kumar has done.

The catalyst for this outburst was a notice issued by the CEC regarding Kejriwal’s allegations that the Haryana government was deliberately poisoning the Yamuna River, a crucial water source for Delhi.

Kejriwal, addressing a press conference, went on the offensive, claiming that Kumar’s actions were motivated by his desire for a lucrative post-retirement position. He vehemently declared, “No one has damaged the Election Commission the way Rajiv Kumar has done. If he wants, he can contest elections from any of the Delhi assembly seats,” challenging the CEC directly. His words carried a tone of defiance and a clear implication of political manoeuvring.

The core of Kejriwal’s accusations centred on the alleged contamination of the Yamuna River’s water supply to Delhi. He pledged to prevent Delhi’s residents from consuming the poisoned water, stating, “I will not let the people of Delhi drink poisonous water till I am alive. I know they will arrest me in two days, but I am not afraid,” underscoring his determination to fight the issue regardless of potential consequences.

This public confrontation followed the Election Commission’s expression of dissatisfaction with Kejriwal’s initial response to their notice. The Commission deemed his reply inadequate and gave him a second chance to substantiate his serious allegations against the Haryana government. The original reply, a 14-page document, detailed the alleged severe contamination and toxicity of the water from Haryana and the potential for serious health consequences and even fatalities.

The timing of this controversy is highly significant, coinciding with the upcoming Delhi elections scheduled for February 5th, with results to be announced on February 8. The Election Commission’s latest notice, issued on Thursday, demanded specific evidence by 11 AM on January 31st, including details of the type, quantity, and method of the alleged poisoning, along with precise information about the engineers involved and the methodology used for testing the water quality.

Failure to comply, the Commission warned, would result in appropriate action. The political stakes are undeniably high, with accusations flying between the AAP and the BJP-led Haryana government just days before a crucial election.

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Delhi elections: Swati Maliwal detained for dumping garbage outside Arvind Kejriwal’s residence

She emphasized that the protest wasn’t targeted at any specific party but rather at the systemic failure to address Delhi’s cleanliness crisis.

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On Thursday, Delhi Police took Rajya Sabha MP Swati Maliwal into custody for dumping garbage outside the residence of Aam Aadmi Party (AAP) national convener and former Delhi Chief Minister Arvind Kejriwal. This act of protest was a dramatic display of her discontent with the city’s deteriorating sanitation conditions.

Maliwal, once a close confidante of Kejriwal, has transformed into a staunch critic. This shift in allegiance followed an alleged assault at Kejriwal’s residence in May of the previous year, an incident that irrevocably altered their relationship. Since then, she has consistently seized opportunities to publicly lambaste Kejriwal and other AAP leaders, utilizing her platform to voice her grievances.

Her latest protest was meticulously planned. Earlier that day, she announced her intention to deliver three truckloads of garbage to Kejriwal’s doorstep, a symbolic gesture reflecting her assessment of Delhi’s current state. Speaking to the media following her detention, she delivered a scathing critique of the city’s cleanliness, characterizing it as an overflowing garbage bin.

https://twitter.com/SwatiJaiHind/status/1884901493918077281

“The whole city has turned into a garbage bin,” she declared. “I came here to have a conversation with Arvind Kejriwal. I would say to him, ‘Sudhar jao, warna janata sudhaar degi’ – ‘Reform yourself, or the people will reform you.'” She expressed complete disregard for potential repercussions, boldly stating, “I am neither afraid of his goons nor his police.”

Maliwal’s protest was not merely a personal vendetta. She framed it as a response to numerous citizen complaints, particularly those from residents of Vikaspuri who had reported an unaddressed garbage dump. She emphasized that the protest wasn’t targeted at any specific party but rather at the systemic failure to address Delhi’s cleanliness crisis.

“This protest is not against any party,” she clarified. “Today, Delhi is in an unprecedentedly bad state. Every nook and corner of Delhi is dirty, roads are broken, and drains are overflowing.” She used the opportunity to highlight the disconnect between the ruling party and the lived realities of Delhi’s citizens, asserting that Kejriwal has lost touch with the ground realities of the city he governs. The garbage, she declared, was a “filthy gift” from the AAP government to the people of Delhi.

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BJP’s Harpreet Kaur Babla wins Chandigarh mayor election

The INDIA bloc will undoubtedly need to address the internal fissures exposed by this election to effectively challenge the BJP’s dominance.

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The INDIA bloc, a significant Opposition, experienced a significant setback in the Chandigarh Municipal Corporation (CMC) mayoral elections on Thursday. Despite holding a seemingly comfortable numerical advantage, their joint candidate from the Aam Aadmi Party (AAP) and the Indian National Congress (INC), Prem Lata, lost to the BJP’s Harpreet Kaur Babla. This defeat highlights internal divisions and vulnerabilities within the Opposition coalition.

The election results revealed a surprising outcome. The BJP, possessing only 16 seats in the 35-member House, managed to secure 19 votes for their candidate, Harpreet Kaur Babla. The AAP-Congress alliance, with a combined strength of 19 councillors plus the additional vote of the Congress Member of Parliament from Chandigarh (an ex-officio member with voting rights), should have easily secured a majority. Their joint candidate, Prem Lata, however, only received 17 votes. The discrepancy strongly indicates significant cross-voting within the opposition ranks, undermining the INDIA bloc’s unified front.

The secret ballot nature of the election made it impossible to definitively pinpoint the defectors. Speculation abounds regarding potential reasons for the cross-voting, ranging from individual political ambitions to possible inducements or pressures from the ruling BJP. The loss raises serious questions about the coalition’s ability to present a cohesive and reliable challenge to the BJP in future elections. The incident serves as a cautionary tale, illustrating the fragility of alliances and the potential for internal conflicts to derail even seemingly insurmountable numerical advantages.

This setback is particularly poignant considering the history surrounding Chandigarh’s mayoral elections. The 2024 mayoral poll saw a Supreme Court intervention, overturning a BJP victory due to the then-presiding officer’s controversial invalidation of eight AAP-supporting ballots. This previous legal battle highlighted the contentious political climate in Chandigarh and the lengths to which parties are willing to go to secure victory.

The current defeat underscores the continuing volatility of the political landscape and the BJP’s persistent ability to navigate complex electoral scenarios. The INDIA bloc will undoubtedly need to address the internal fissures exposed by this election to effectively challenge the BJP’s dominance.

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