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Rajya Sabha Chairman Venkaiah Naidu rejects impeachment notice against Chief Justice

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Rajya Sabha Chairman Venkaiah Naidu rejects impeachment notice against Chief Justice

[vc_row][vc_column][vc_column_text]Vice  President of India and Rajya Sabha Chairman M Venkaiah Naidu on Monday, April 23, rejected the notice for impeachment of Chief Justice of India (CJI Dipak Misra moved by Congress-led opposition parties last Friday.

The order came before the Supreme Court began its proceedings on Monday.

Naidu, addressing the charges mentioned against the CJI in the notice in his 10-page order, said that the Opposition MPs were unsure of their own case and the move was based on “suspicion and conjectures.”

“The Hon’ble Members of Parliament who have presented the petition are unsure of their own case. Page 1 of the petition uses phrases such as ‘the facts and circumstances of the Prasad Education Trust show prima facie evidence suggesting that the Chief Justice of India ‘may have been’ involved in a case of illegal gratification…”

The motion further stated with regard to the CJI that “he too was likely to fall under the scope of investigation.”

“It further states that ‘the Chief Justice of India appears to have ante-dated an administrative order.’ I am mentioning this fact because the phrases used by the Hon’ble Members of Parliament themselves indicate a mere suspicion, a conjecture or an assumption,” Naidu’s order said.

“The same certainly does not constitute proof ‘beyond reasonable doubt’, which is required to make out a case of ‘proved misbehaviour’ under Article 124 of the Constitution. Conversation between third party with dubious credentials, which have been extensively relied upon, cannot themselves constitute any material evidence against the older of the office of Chief Justice of India,” the order further stated.

Naidu cited a Supreme Court order to reiterate that the CJI, as Master of Roster, was entitled to allocate cases as he deemed fit and referred it as an internal matter of the judiciary.

The decision comes just a day after the Rajya Sabha Chairman consulted Attorney General of India KK Venugopal and retired Supreme Court Judge Sudarshan Reddy.

The decision was announced on the very first day of the week before before the Supreme Court started its proceedings and, according to a report in The Hindu, Rajya Sabha sources said the Chairman took a quick decision to avoid an “uncomfortable” situation for the occupant of one of the highest constitutional authority, the Chief Justice of India.

“The Chairman didn’t want the matter to linger on as it involved the prestige and dignity of the CJI’s office. He cut short his tour and came back to Delhi on Sunday to take a quick decision,” said a Rajya Sabha official, reported The Hindu.

On Sunday, Naidu had also spoken to former Secretary General of the Lok Sabha Subhash Kashyap, former Law Secretary PK Malhotra and former Legislative secretary of the Rajya Sabha Sanjay Singh, apart from senior officials of the Rajya Sabha Secretariat. Naidu continued with the deliberations till late in the evening and also spoke to K Parasaran, who was the attorney general during the Congress governments led by Indira Gandhi and Rajiv Gandhi and was also a member to the Upper House nominated by the party.

While rejecting the notice, Naidu cited a press conference the Congress held on the issue as being in breach of parliamentary customs and conventions and also in violation of Rajya Sabha norms.

“I am constrained to observe that in the matter, the well established parliamentary customs and conventions have been delineated and the paragraph 2.2 of the handbook of the Rajya Sabha members have been disregarded. This provision prohibits publicity of any notice submitted by a member till it is been admitted by the chairman and circulated to the members. In the instant case immediately after submitting the notice to me on 20th April, 2018, members addressed a press conference and shared the statements contained in the notice which included some still unsubstantiated charges against the CJI. This act of members discussing the act of the CJI in the press is against propriety and parliamentary decorum as it denigrates the institution of the CJI. I am also aware that there has been a spate of statements in the press that seem to vitiate the atmosphere. I thought, I should, therefore, expedite my decision and end needless speculation,” said Naidu.

Eminent jurist and former attorney general of India Soli Sorabjee welcomed Naidu’s decision to reject the impeachment notice against CJI Dipak Misra, saying he has “rightly applied his mind”. Sorabjee said the vice president has found no merit in the notice given by opposition parties led by the Congress for impeachment and has consulted legal experts before arriving at the decision.

“The vice president has applied his mind. He has consulted legal experts and has come to a decision. We did not want the matter hanging indefinitely. He (Naidu) has gone into the matter and has found no merit in it and no ground for impeachment, therefore, he rejected it,” Sorabjee told a TV channel.

When asked about the procedure ahead if the opposition moves the apex court to challenge Naidu’s decision, Sorabjee said he did not see the petition succeeding.

“I don’t see chances of the writ petition (challenging the VP’s decision) succeeding,” he said.

Congress leader PL Punia said immediately after the news of Naidu’s rejection that it and other opposition parties will talk to some legal experts and take the next step. Congress leaders said over the weekend that the party is considering moving the Supreme Court if the notice to remove is rejected.

It was also argued that The Rajya Sabha Chairman could not reject the notice if it met the requirements of 50 signatures. It was only the inquiry committee of three judges, required to be set up under the procedure, that could decide if the charges were made out or had any merit.

On Sunday, Rajya Sabha MP Vivek Tankha who also heads the Congress legal cell, said, “In our opinion, the Chairman performs an administrative or a quasi administrative act where he had to check whether the motion is in order, whether it has valid signatures by the required number of MPs and whether what is written in the petition are reasonable to be framed as charges.”

Asked what would the Congress do, if the Rajya Sabha Chairman rejects their notice, Congress MP and senior advocate Kapil Sibal on Friday said, “We will let you know then. There are many provisions in the Constitution.”

Sources had confirmed to The Hindu that challenging the Chairman’s order is an option available to the party. And since the Chairman’s order pertains to the CJI, if challenged in the top court, it is likely to be heard by judges who are next in line in terms of seniority and experience.

Led by the Congress, opposition parties – CPI, the CPI(M), the NCP, the SP, the BSP and the IUML – had met Naidu on Friday and handed over a notice for impeachment of the CJI.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text css=”.vc_custom_1524474761543{padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #bcbcbc !important;border-radius: 10px !important;}”]Senior Congress leader Kapil Sibal said on Friday the notice mentions five grounds of misbehaviour for the CJI’s removal:

1.”Conspiracy to pay illegal gratification” in the Prasad Education Trust case and the denial of permission to proceed against a retired high court judge in the same matter. 2. The CJI allegedly listed the petition against the Prasad Education Trust before himself, even when he was heading the Constitution bench, which is against the convention. 3. “Antedating” (backdating) of an order for listing of a petition related to the investigation against the Prasad Education Trust in the Supreme Court. 4. Misra allegedly acquired a piece of land by giving a “false affidavit” while he was an advocate. The plot was surrendered in 2012 when he was elevated to the Supreme Court, even though orders cancelling the allotment were given in 1985. 5. Abuse of exercise of power by the Chief Justice in choosing to send sensitive matters to particular benches by misusing his authority as Master of the Roster with the likely intent to influence the outcome.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]The Congress is also trying to build up “moral pressure” on the Chief Justice of India in the hope that he would step aside from judicial duty if a removal motion was moved against him.

Judges who faced impeachment had earlier stepped aside from judicial work and the Chief Justice should do the same, a party leader said.

“It is only a convention, though there is no legal or constitutional bar (on this),” the leader said.

Several jurists and constitution experts had called the impeachment move a sad day for Indian judiciary.

Senior jurist Fali Nariman told The Indian Express (IE) it was ‘a horribly black day in the history of the Supreme Court’, adding that the move not only diminishes the public’s faith in the judiciary, but could well open the door for the ruling party to move against a judge if it doesn’t like a particular judgment. He mentioned the Ram Janmabhoomi case being heard in the Supreme Court as an instance.

Former CJI K G Balakrishnan pointed out that charges of misbehaviour were not enough to seek removal of a judge, but it has to be “proved misbehaviour”.

Justice R M Lodha, who retired as CJI in September 2014 termed it a ‘sad day” and hoped that “such a situation never comes again”.

A section of the Congress senior leadership had expressed disagreement with the move. Two former law ministers – Salman Khurshid and Ashwani Kumar – questioned the move and the motive behind the notice. Khurshid said he was not consulted by the party.

Ashwani Kumar said the move will be counter-productive arguing that “the remedy cannot be worse than the malaise.”

Former Prime Minister Manmohan Singh did not sign the motion. When asked why, Kapil Sibal said, “We did not want to involve Dr Singh, he being a former PM.”

Finance Minister Arun Jaitley termed the move as a ‘revenge petition’. He said in a Facebook post: “It is a revenge petition after the falsehood of the Congress Party has been established in the Justice Loya death case.”

“It is an attempt to intimidate a Judge and send a message to other Judges, that if you don’t agree with us, fifty MPs are enough for a revenge action,” he said.[/vc_column_text][/vc_column][/vc_row]

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Four militants killed as rival Naga groups clash in Manipur village

Four militants were killed in a gunfight between suspected rival Naga groups at Taodaijang village in Manipur’s Noney district on Wednesday.

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Manipur violence

At least four militants were killed in a gunfight between suspected rival Naga militant groups in Manipur’s Noney district on Wednesday, November 4.

The exchange of fire took place at Taodaijang village in the Khoupum area of the Naga-majority district. According to officials, the cadres involved were suspected to belong to rival Naga militant outfits, including the Zeliangrong United Front-Jenchui (ZUF-J) and the Zeliangrong United Front-Kamson (ZUF-K).

Initial reports indicated that the gunfight continued for several hours, leaving three cadres of ZUF-J and one cadre of ZUF-K dead.

The bodies of the deceased militants were subsequently recovered by local residents.

Residents appeal to armed groups to stop firing

Following the gunfight, local residents, including women, reached the spot in an attempt to prevent further violence between the rival groups.

They also used a public address system to appeal to the armed cadres to stop firing and prevent the situation from escalating further.

Further details about the circumstances surrounding the clash were awaited.

Manipur government reviews security situation

In a separate development, Manipur Chief Minister Yumnam Khemchand Singh directed senior security officials to identify active armed groups suspected of involvement in recent incidents of violence in the state.

The directive excluded groups engaged in peace talks with the state government.

The Chief Minister issued the instructions during a review meeting on the state’s law and order situation on Tuesday night.

He also asked security agencies, including the Army and central paramilitary forces, to submit a detailed report on the involvement of the suspected groups.

The Chief Minister said the state Cabinet could consider declaring such groups unlawful if their involvement in violence against innocent civilians was established.

He also emphasised that necessary action would be initiated against groups continuing to perpetrate violence against civilians.

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Agnipath scheme gets 2-year extension for Agniveers, tenure may rise to 6 years

The Centre has introduced a two-year extension for the remaining 75% of Agniveers under the Agnipath scheme, creating another opportunity for them to seek enrolment in the regular armed forces.

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The Centre has introduced a significant change to the Agnipath recruitment scheme, offering a two-year extension to Agniveers who were earlier expected to leave the armed forces after completing their initial four-year service.

Chief of Defence Staff (CDS) General NS Raja Subramani announced the decision on Wednesday following a Union Cabinet meeting. Under the revised arrangement, the 75% of Agniveers who were not initially selected for absorption into the regular armed forces will be offered an additional two-year engagement period.

The development creates another opportunity for these personnel to continue serving in the armed forces beyond their original four-year tenure.

What changes under the revised Agnipath scheme?

Under the original Agnipath framework, Agniveers were recruited for a four-year service period, including training. At the end of this tenure, up to 25% of each batch could be selected for permanent enrolment into the regular armed forces, while the remaining 75% were expected to return to civilian life.

The revised arrangement introduces an additional two-year engagement for the latter group. This means their potential service period could increase from four to six years.

The extension also creates another opportunity for Agniveers to seek enrolment into the regular armed forces after completing the additional two years.

What happens after the additional two years?

According to General NS Raja Subramani, Agniveers completing the extended engagement period and willing to continue serving will be considered for enrolment in the regular armed forces.

Their selection will be based on objective criteria.

This creates an additional pathway for those who are not absorbed into the regular forces after their initial four-year tenure. However, the revised arrangement does not mean that every Agniveer will automatically receive permanent enrolment.

Why has the decision been taken now?

The announcement comes as the first batch of Agniveers recruited under the scheme approaches the completion of its initial four-year service period.

The Agnipath scheme was introduced on June 14, 2022, to recruit personnel into the Indian Army, Navy and Air Force for a fixed four-year engagement.

General Raja Subramani said the scheme had been undergoing periodic reviews, with the performance of Agniveers being continuously evaluated. He also indicated that feedback on their performance had been very positive.

The latest Cabinet decision creates an additional route for retaining personnel beyond the initial engagement period.

What was the original Agnipath arrangement?

Under the original framework, the armed forces could retain up to 25% of Agniveers in the regular cadre after their four-year service period, subject to selection.

The remaining 75% were to complete their engagement and transition to civilian life.

With the latest revision, this group will receive an additional two-year engagement opportunity before being considered for enrolment into the regular armed forces under the prescribed selection criteria.

The change therefore modifies the earlier arrangement by providing an additional opportunity for Agniveers to continue their military careers.

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Hardeep Singh Puri set to win Rajya Sabha bypoll unopposed

Union Minister Hardeep Singh Puri is set to be elected unopposed to the Rajya Sabha from Madhya Pradesh after the returning officer rejected the nomination papers of two independent candidates.

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Hardeep Puri

Union Petroleum Minister Hardeep Singh Puri is set to enter the Rajya Sabha unopposed from Madhya Pradesh after the nomination papers of two independent candidates were rejected during scrutiny on Tuesday.

The two candidates whose nominations were rejected were Kante Sayanna and Rajkumar Lohani, the latter being backed by the Congress. Their rejection leaves Puri as the only candidate in the contest for the vacant Rajya Sabha seat.

According to an official, the result will be announced on November 5, which is also the last date for withdrawal of nominations.

The Returning Officer, Umesh Sharma, examined the nomination papers on the last day of scrutiny and rejected the two independent candidates’ applications.

Objections raised against Hardeep Puri’s nomination

The nomination papers submitted by Puri also faced objections from the two independent candidates and Congress leader Hemant Katare.

They questioned the validity and completeness of Puri’s affidavit filed in Form 26, raising concerns over whether the mandatory details had been properly furnished.

However, after examining the objections, Returning Officer Umesh Sharma concluded that Puri had not violated any requirements under the Representation of the People Act.

Sharma stated in his order that no defect had been found in Puri’s nomination papers that could justify their rejection.

Following the decision, Katare and Congress MLA Atif Aqeel announced that they would approach the court against the order.

Calling the decision an attack on Indian democracy, the Congress leaders said in a statement that Puri’s nomination should have been rejected despite what they described as significant errors.

Why the Madhya Pradesh Rajya Sabha seat fell vacant

The by-election was necessitated by the resignation of Union Minister L Murugan, which left a Rajya Sabha seat vacant in Madhya Pradesh.

With the nomination papers of both independent candidates rejected and Puri’s nomination cleared, the Union minister is set to be elected unopposed.

The final announcement is expected on November 5, the last day for withdrawal of nominations.

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