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SC issues contempt notice to Prashant Bhushan on Attorney General Venugopal’s plea

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6 years ago

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[vc_row][vc_column][vc_column_text]The Supreme Court today (Wednesday, February 6), issued a notice to senior advocate Prashant Bhushan on a contempt of court petition filed by Attorney General KK Venugopal and the Centre for his tweets that allegedly criticised the court over the appointment of M Nageswara Rao as interim CBI director.

Bhushan, who accepted the notice in person, was directed to file his reply within three weeks.

The Centre moved the apex court yesterday, days after Venugopal’s contempt petition against Bhushan, seeking initiation of contempt proceedings against Bhushan for his tweets and said they amounted to making false statement in a pending case. The Centre’s plea also referred to the contents of Venugopal’s petition and submitted that they be also read as part of its plea.

Bhushan, in a series of tweets, said that the Attorney General had misled the apex court last week on the process followed in the controversial appointment of Nageswara Rao as the interim CBI director.

During a hearing on a plea filed by NGO Common Cause, Venugopal had told the Supreme Court bench led by Justice Arun Mishra that the selection committee mandated to pick the CBI director had cleared Rao’s appointment as interim head of the agency, first when CBI director Alok Verma was divested of his responsibilities on October 23 and then again when he was summarily dismissed by the panel on January 10.

Bhushan had claimed that Venugopal had misled the court, saying that he had spoken to Congress leader Mallikarjun Kharge and learnt that the selection committee had not discussed the appointment of Rao as interim CBI director.

Kharge is a member of the selection committee that also comprises Prime Minister Narendra Modi and Chief Justice of India, Ranjan Gogoi.

Venugopal said Bhushan, in one of his tweets on February 1, had said, “I have just confirmed personally from the leader of opposition Mr. Kharge that no discussion or decision in HPC meet was taken re-appointment of Nageswara Rao as interim Director of CBI. The govt appears to have misled the court and perhaps submitted fabricated minutes of the HPC meeting.”

The attorney general said the statement/confirmation attributed to Kharge could never have been made by him for the simple reason that he himself had signed the minutes of the meeting which also contained the final decisions of the high-powered committee.

Rao’s stint as interim CBI director ended on February 2 after the selection committee, by a 2:1 majority decision, appointed former Madhya Pradesh Director General of Police, Rishi Kumar Shukla as the new full-time director of the agency. With Shukla having taken over charge of the investigation agency, the petition challenging Rao’s appointment has become inconsequential.

On Wednesday, as the bench of Justices Arun Mishra and Naveen Sinha resumed hearing arguments in the petition challenging Rao’s appointment, the issue of whether Bhushan can be held in contempt for his tweets took precedence.

Curiously, Venugopal insisted that he did not favour the court giving out any punishment to Bhushan on account of possible contempt and that he would, instead, prefer “authoritative words” from the court on the issues red flagged by him. However, Venugopal’s immediate junior in the government’s team of law officers, Solicitor General Tushar Mehta, implored the bench to penalise Bhushan.

Venugopal informed the bench that the selection committee had discussed the issue of Rao’s appointment as interim CBI director and that even Kharge had signed on the panel’s decision. Justice Mishra wondered how Bhushan posted the tweets about a matter that was sub judice. The Attorney General then contended that Bhushan’s action could be seen as “contempt by speech” since the comments “lower the authority of the court” and “intervene with the working of the court”.

As Justice Mishra lamented the “unwelcome practice” of lawyers routinely making statements on pending matters, the Attorney General pointed out that even as the case was proceeding, “12 cameramen are waiting for lawyers outside” to get their comments. Venugopal then urged the petitioner (Bhushan) to desist from discussing sub judice matters in public and added that while it is presumed that comments made in public and in the media do not affect the opinion of a judge, this may not always happen.

Justice Mishra said that the Bar should not display a sycophancy towards the Bench and added that lawyers like the Attorney General and senior advocate Fali Nariman had made the Bar “worthy and admirable”. Justice Mishra then proceeded to say that the extant case (the contempt petition) involves larger issues and that the bench would want to “settle the law” on them. Justice Sinha concurred with Justice Mishra and added that “time has come to realise that with freedom comes responsibility”.

Venugopal then insisted that while does want the law on contempt settled in the present case, he is not pressing for any punishment to be meted out for anyone.

Solicitor General Mehta, disagreeing with the Attorney General, told the bench: “I can cite 10 instances where a judgment is passed by the highest court and some lawyers say it is a black day for the judiciary.”

Mehta, on behalf of the Centre, proceeded to say that the bench should award a “deterrent punishment” to Bhushan as “the respondent has been involved in several such instances.” He added that the “Lordships’ magnanimity should not be taken as a form of weakness” and urged the bench to issue a notice to Bhushan.

Responding to the Solicitor General’s request, Justice Mishra said: “Punishment shouldn’t come for lawyers usually. Contempt is like a brahmashtra. It should be used sparingly so that it doesn’t lose its value. We are mindful of how reckless comments deprive dignity of others without a due process of law… the larger issue here is that media trial decides the reputation of a person who, ultimately, may win in court but has been widely criticized in public (sic). There is no repairing mechanism for that reputation”.

The bench then issued a notice to Bhushan, which he accepted in open court. While Bhushan has to reply to the contempt notice within three weeks, the contempt plea has been posted for its next hearing on March 7.[/vc_column_text][/vc_column][/vc_row]

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Jammu & Kashmir: 5 soldiers killed after Army vehicle plunges into gorge in Poonch

“Today at around 17:40 hrs (5.40 pm), an Army vehicle of 11 Maratha Light Infantry, which was on its way from from Nilam headquarters to Balnoi Ghora Post along the LoC, met with an accident near Ghora Post,” said officials.

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3 hours ago

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December 24, 2024

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Five soldiers lost their lives and several others were injured when an Army vehicle veered off the road and fell into a deep gorge in the Balnoi area of Mendhar, Poonch district, Jammu and Kashmir, on Tuesday, according to officials.

The incident occurred as the vehicle, part of the 11 Madras Light Infantry (11 MLI), was traveling from Nilam Headquarters to Balnoi Ghora Post. Reports indicate that the vehicle plunged approximately 350 feet into a steep gorge near its destination.

Upon learning of the accident, the Quick Reaction Team from 11 MLI rapidly mobilized to the scene to initiate rescue operations. The injured personnel received immediate medical attention, and efforts are currently underway to evacuate them for further treatment.

In a message on X, the White Knight Corps expressed their deep condolences for the tragic loss of five courageous soldiers, stating, “All ranks of #WhiteKnightCorps extend their deepest condolences on the tragic loss of five brave soldiers in a vehicle accident during operational duty in the #Poonch sector. Rescue operations are ongoing, and the injured personnel are receiving medical care.”

“Today at around 17:40 hrs (5.40 pm), an Army vehicle of 11 Maratha Light Infantry, which was on its way from from Nilam headquarters to Balnoi Ghora Post along the LoC, met with an accident near Ghora Post,” said officials.

This incident follows a similar accident last month, where one Army personnel died and another was injured when their vehicle skidded off the road and fell into a gorge in Rajouri district, Jammu and Kashmir. This crash, which occurred on November 4 near Badog village in Kalakote, resulted in Naik Badri Lal and Sepoy Jai Prakash suffering critical injuries; Lal ultimately succumbed to his injuries while in treatment.

On November 2, another tragedy struck when a vehicle skidded off a hilly road in Reasi district, claiming the lives of a woman and her 10-month-old son, while three others sustained serious injuries.

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Over 350 Himachal Pradesh roads shut amid snowfall, 4 dead

Meanwhile, post-monsoon rainfall from October 1 to December 24 has shown a deficit of 92% of the normal level of 70.4 mm.

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3 hours ago

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December 24, 2024

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In Himachal Pradesh, a significant snowfall in the past 24 hours has resulted in four fatalities and the shutdown of approximately 700 electric transformers along with over 350 roads, including three national highways. This has left around 500 vehicles stranded, among which are more than 300 buses.

The snowfall, which began yesterday, has been recorded in various districts such as Kinnaur, Lahaul and Spiti, as well as the higher elevations of Shimla, Kullu, Mandi, Chamba, and Sirmaur.

On a positive note, the situation has attracted a large number of tourists heading to Shimla and nearby areas in hopes of enjoying a white Christmas. According to MK Seth, president of the Shimla Hotel and Tourism Stakeholders’ Association, hotel occupancy in the historic town has exceeded 70%, 30% higher than usual.

Tragically, four individuals lost their lives in accidents over the last day, with several others injured due to vehicles skidding in hazardous conditions. Key national highways connecting Attari to Leh, Sanj to Aut in Kullu, and Khab Sangam in Kinnaur to Gramphoo in Lahaul and Spiti are currently blocked.

Among the affected areas, Shimla has the highest number of closed roads, totaling 89, followed by Kinnaur with 44 and Mandi with 25. The State Emergency Operation Centre reported that 683 transformers are inactive, leaving some regions without electricity.

Authorities have urged tourists to follow the advice of district officials and police, heed local guidance, and avoid driving on snowy roads. Khadrala experienced the highest snowfall, receiving 24 cm, followed by Sangla with 16.5 cm, and Shillaro at 15.3 cm. Other areas such as Chopal and Jubbal recorded 15 cm each, while Kalpa received 13.7 cm, Nichar 10 cm, Shimla 7 cm, Pooh 6 cm, and Jot 5 cm.

Manali and Dalhousie suburbs also saw snowfall since Monday, with light rain experienced in parts of the mid and lower hills. An intense cold wave is affecting the lower hills of Mandi, while cold conditions are noted in Una and Chamba.

The Meteorological Office reported dense, moderate, and shallow fog in Bilaspur, Sundernagar, and Mandi. An ‘orange’ warning has been issued for severe cold in Bilaspur, Una, Hamirpur, and Mandi, and a ‘yellow’ warning for dense fog in areas around the Bhakra dam reservoir and Balh Valley in Mandi until Thursday.

The coldest recorded temperature was in Kukumseri, Lahaul and Spiti, at minus 6.9 degrees Celsius. Meanwhile, post-monsoon rainfall from October 1 to December 24 has shown a deficit of 92% of the normal level of 70.4 mm.

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Delhi Pollution: GRAP 4 revoked in capital, NCR as air quality improves

The GRAP 4 measures were implemented in Delhi after the air quality index (AQI) hit alarming levels on 16th December 2024

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4 hours ago

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December 24, 2024

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Delhi Pollution: GRAP 4 revoked in capital, NCR as air quality improves

The Commission for Air Quality Management (CAQM) today revoked Stage 4 of the Graded Response Action Plan (GRAP) across Delhi and the National Capital Region (NCR). Nonetheless, measures under stages 1, 2, and 3 will remain in force to manage pollution levels. The GRAP 4 measures have been in effect in the entire NCR since December 16 after deterioration in air quality. 

This move follows after the Central Pollution Control Board (CPCB) reported an Air Quality Index (AQI) of 401 at 8 AM. The AQI on Monday fell into the severe category, measuring 403 at 7 am. Reportedly, AQI in several areas of the national capital was also recorded as ‘severe.’

Reports said, Anand Vihar recorded an AQI at 439, 456 at Ashok Vihar, 473 at Bawana, 406 at CRRI Mathura Road and 430 at Narela. Notably, an AQI between 0-50 is considered good, 51-100 is satisfactory, 101-200 is moderate, 201-300 is poor, 301-400 is very poor, and 401-500 is severe.

The GRAP 4 measures were implemented in Delhi after the air quality index (AQI) hit alarming levels on 16th December 2024. The Air Quality Index breached the 350 mark during the day, prompting the GRAP Sub-Committee to implement Stage-III measures. On the same day, by 10 PM, the AQI soared to 401, surpassing the severe plus category threshold. According to the Supreme Court instructions, Stage-IV measures were immediately introduced to tackle the crisis.

The apex court had earlier mandated precautionary measures, requiring Stage-III actions for AQI above 350 and Stage-IV for AQI exceeding 400. These directions were reiterated on 5th, 12th, and 19th December 2024, underlining the urgency to address Delhi’s air pollution.

As Delhi continues to battle hazardous air quality, the intensified measures under GRAP Stages I, II, and III will focus on curbing pollution sources and improving monitoring. Furthermore, residents are urged to remain cautious and adhere to guidelines issued by the authorities to mitigate the impact of air pollution on health and daily life.

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