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SC asks Swamy to establish maintainability of his plea in Sunanda Pushkar death case

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SC asks Swamy to establish maintainability of his plea in Sunanda Pushkar death case

Delhi High Court had earlier rejected BJP leader Subramanian Swamy’s plea for a SIT probe in the case and termed it a political interest litigation

The Supreme Court, on Monday (January 29), asked BJP leader Subramanian Swamy to establish the maintainability of his petition that seeks a SIT probe into the mysterious death of Sunanda Pushkar, wife of Congress MP Shashi Tharoor.

The court would entertain Swamy’s plea, which had earlier been dismissed by the Delhi High Court, only after he is able to establish its maintainability and his locus standi in the case.

On Monday, as Swamy’s special leave petition (SLP) came up for hearing before a bench of Supreme Court Justices Arun Mishra and Amitava Roy, the judges made it clear to the BJP leader that, “we need to be satisfied regarding the maintainability of the petition, considering the opinion expressed by the High Court.”

It may be recalled that on October 26 last year, the Delhi High Court had rejected a similar petition filed by Swamy while also strongly reprimanding him over it. Dismissing his public interest litigation (PIL) that sought a court-monitored SIT probe into Pushkar’s death, a Division Bench of Justices S Muralidhar and IS Mehta of the Delhi High Court had asked Swamy to “be extremely circumspect in placing such a petition in the public domain even before it is properly considered by the Court”.

The Delhi High Court had dubbed Swamy’s petition as a “textbook example of a ‘political interest litigation’ dressed up as a PIL” and taken a dig at the BJP leader in its order, stating that he “likes to be thought of as a veteran PIL petitioner”.

“The Court should be careful in not letting the judicial process be abused by political personae for their own purposes… That is not to say that no political person can file a PIL. It is only that, in such instances, particularly where the principal allegations are against political opponents, the Court should be cautious in proceeding in the matter,” the Delhi High Court had said in its order.

On Monday, it was these strong observations made by the Delhi High Court against Swamy’s PIL that seemed to weigh heavily on the mind of the Supreme Court Bench as the BJP leader’s petition was moved before it.

“I was arguing the PIL regarding the mode of auction of the IPL media rights by the BCCI when the death of Ms. Pushkar in such mysterious circumstances caught my attention. It took (the Delhi Police) one year to file a FIR in respect of the death despite the autopsy and the post-mortem report confirming that it was an unnatural death. Even the FIR claimed it as a murder”, Swamy told the apex court bench of Justices Arun Mishra and Amitava Roy.

The Bench asked the BJP leader: “What is the conclusion of the police on this? Do they say it is an unnatural death?” to which Swamy responded by saying: “That is what even I want. I want the police to file their reply.”

Expressing concern over the maintainability of Swamy’s petition, the SC Bench said: “the investigation is still going on” while it also sought to know what was the locus standi of the BJP leader in the case. Swamy responded: “I have even appeared in the Jayalalithaa case as a politician. This is a matter of public interest”.

The Bench, while refusing to issue any notices to the Delhi police against Swamy’s plea at the moment, asked the BJP leader to first argue on the issue of maintainability of his petition. The matter has been scheduled for further hearing in 3 weeks.

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India-US trade deal first phase finalised, drafting underway

The first phase of the India-US trade agreement has been finalised and is undergoing legal drafting, Commerce Minister Piyush Goyal said. The deal is expected to be operationalised once India secures a competitive advantage over peer countries.

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The first phase of the proposed India-US trade agreement has been finalised and is undergoing legal drafting, Commerce and Industry Minister Piyush Goyal said on Thursday. However, the agreement is yet to be fully finalised and implemented, with India seeking a competitive advantage over other countries before putting it into operation.

Speaking at the SRCC Centenary Conclave in New Delhi, Goyal said the first tranche of the bilateral agreement had been finalised and was going through the legal drafting process. He expressed hope that the process would be completed soon.

The minister said implementation would follow once India secured a comparable or competitive advantage over its peer countries in the American market.

India seeks an advantage over competing exporters

India wants its exporters to receive favourable market access and tariff terms compared with competitors. Goyal’s remarks indicate that the relative position of Indian goods in the US market remains an important consideration before the agreement becomes operational.

External Affairs Minister S Jaishankar also spoke about the negotiations at the Bloomberg New Economy Forum this week. He said the discussions were approaching a possible resolution but noted that India’s position relative to competing economies remained an issue.

Jaishankar said the outcome would depend partly on the terms negotiated between India and the United States and partly on how India fares against other competing economies.

Trade negotiations moving forward, says Commerce Secretary

Commerce Secretary Rajesh Agrawal said the negotiations were progressing in the right direction and that both countries hoped to conclude and sign the agreement at the earliest possible time.

He explained that the signing would depend on the formalisation of the broader tariff structure in the United States. Parallel work was also underway in Washington, including processes linked to Section 301.

Agrawal indicated that the two sides would move towards signing the agreement at a mutually agreed time after the relevant tariff framework was formalised.

Earlier this month, US Trade Representative Jamieson Greer said India and the United States were working to resolve outstanding issues, although an agreement was not imminent at that point.

India-US trade talks and bilateral relations

India and the United States have been negotiating the proposed bilateral trade pact since early 2025. The discussions aim to address tariff-related differences, reduce non-tariff barriers and improve market access between the two countries.

The negotiations have taken place against the backdrop of broader strains in bilateral relations, including disputes over tariffs and differences concerning other policy issues.

While the finalisation of the first tranche marks progress in the negotiations, the agreement still needs to move through the remaining legal and procedural steps before it can be signed and implemented.

The next steps will depend on the completion of legal drafting, the finalisation of the US tariff framework and the two countries’ agreement on the terms governing the pact.

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Nobody can browbeat judiciary, Chief Justice warns over Rahul Gandhi’s march

The Supreme Court issued notices to opposition leaders, including Rahul Gandhi and Akhilesh Yadav, over their march to the court on October 12 concerning irregularities in the Special Intensive Revision of electoral rolls.

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The Supreme Court has issued notices to Congress leader Rahul Gandhi, Samajwadi Party chief Akhilesh Yadav and other protesters over the opposition’s October 12 march to the apex court. The march was organised to raise concerns about alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.

The court’s remarks that nobody can browbeat the judiciary have brought the focus back to the dispute over the opposition’s protest and the appropriate way to raise grievances before the court.

Why the opposition marched to the Supreme Court

The march was part of the opposition’s campaign against what it described as irregularities in the voter-list revision process. The opposition has raised concerns over alleged electoral malpractice and demanded action concerning the Election Commission and the revision of electoral rolls.

Rahul Gandhi had led the march to the Supreme Court after Chief Justice of India Surya Kant declined a request to meet opposition leaders, including Gandhi and Congress president Mallikarjun Kharge.

The Chief Justice had advised the leaders to approach the court through the judicial process rather than seek an administrative meeting to discuss issues already pending before the Supreme Court.

Chief Justice’s position on approaching the court

The Chief Justice had said that the Supreme Court’s doors were open to every citizen and that people could approach it through petitions. He also indicated that matters affecting citizens would be considered in accordance with the law.

The distinction between the administrative and judicial functions of the court was central to the disagreement over the opposition leaders’ request for a meeting. The Chief Justice’s position was that pending legal issues should be addressed through judicial proceedings.

Supreme Court issues notices over the march

The Supreme Court issued notices to Rahul Gandhi, Akhilesh Yadav and other protesters concerning the October 12 march. The proceedings relate to the protest over irregularities in the Special Intensive Revision of electoral rolls.

The opposition’s allegations about the voter-list revision remain allegations and should not be treated as established findings merely because the matter has reached the court.

The developments have placed the opposition’s protest, its concerns over electoral rolls and the judiciary’s role in addressing such disputes at the centre of the ongoing debate.

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Dhruv Rathee gets fresh summons in 2018 BJP IT cell video case

YouTuber Dhruv Rathee has received fresh summons from a Delhi court in a 2018 criminal defamation case filed by Vikas Pandey over a video concerning the BJP IT Cell. The matter will next be heard on October 17.

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Dhruv Rathi

YouTuber Dhruv Rathee has received fresh summons from a Delhi court in a criminal defamation case linked to his 2018 video titled “BJP IT Cell Part 2”. The complaint was filed by Vikas Pandey, who alleged that the video contained defamatory claims about him.

The latest court action follows renewed efforts to serve Rathee with the summons while he is in India. The matter is scheduled to be heard next on October 17.

Judicial Magistrate Rahul Jain of the Saket District Court passed the order on October 12. The fresh summons were issued after the complainant’s lawyer informed the court that Rathee, who usually resides abroad, was in India in connection with the ongoing Cockroach Janta Party (CJP) protests in Delhi.

What is the case against Dhruv Rathee?

The criminal defamation complaint concerns Rathee’s video, “BJP IT Cell Part 2”, which was published in 2018.

Pandey, who founded the social media page “I Support Narendra Modi”, alleged that Rathee’s video accused him of being associated with the BJP IT Cell and offering Rs 50 lakh through an intermediary to Mahavir Prasad. According to the complaint, the money was allegedly offered to persuade Prasad to withdraw allegations that the BJP IT Cell spreads fake news.

These claims form part of the complainant’s allegations. The court’s issuance of summons does not establish that the allegations against Rathee are true or amount to a finding of guilt.

Why has the court issued fresh summons?

According to the court proceedings, the complainant’s side had been attempting to serve Rathee with summons for several years. The court had initially summoned him through an order dated July 23, 2019, but the process of serving the summons had faced delays.

The complainant’s lawyer sought an earlier hearing after learning that Rathee was in India. The application argued that his presence in the country offered an opportunity to complete the service of summons without further delay.

The court subsequently directed that fresh summons be issued. The latest report states that the summons were served at Rathee’s Gurugram residence during his visit to India.

How is Arvind Kejriwal linked to the case?

The case also involved Aam Aadmi Party (AAP) leader Arvind Kejriwal, who had re-shared Rathee’s video on X, then known as Twitter, in 2018.

Pandey filed a separate complaint against Kejriwal over the re-sharing of the video. The Delhi High Court later declined to quash the summons issued to Kejriwal.

In February 2024, the Supreme Court stayed the trial court proceedings against Kejriwal in the matter. During the proceedings, his lawyer told the court that Kejriwal acknowledged making a mistake by re-tweeting the video.

The proceedings against Rathee continued, leading to the fresh summons issued by the Saket court.

What happens next?

The case is scheduled for its next hearing on October 17. The proceedings concern the pending criminal defamation complaint and the steps taken to serve Rathee with the court’s summons.

The allegations in the complaint remain allegations unless established through the legal process.

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