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Kapil Sibal entry triggers debate: Should a politician contest and hold SCBA presidentship?

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The Supreme Court Bar Association (SCBA) election campaigning has hotted up with Senior Advocate Kapil Sibal entering the fray in the last moment for the President’s post. Sibal’s main contender is Pradeep Rai, SCBA Vice-President for two terms and an active Senior Advocate known for his concern for members’ cause.  Sibal, a Rajya Sabha MP from the Samajwadi Party, had filed his nomination on May 9, a mere seven days before the elections on May 16. The nomination of Sibal has triggered a debate whether a politician should contest and hold the presidentship of the SCBA. 

Justice PV Shetty, former Lokayukta, Karnataka, told India Legal: “The President-elect should not make use of the position as the office-bearer of the association to improve his position. His political will should not find place in the association’s acitivity. It should be kept separate. One is elected as the President of the SCBA and one should not use the position to improve his political status.”

Justice PV Shetty

The SCBA’s mandate is to facilitate a constructive dialogue between the Bar and the Bench, nurturing an environment conducive to the administration of justice. However, partisanship can effectively mar any such interactive effort. A politician brings with himself a baggage of not only entrenched ideologies but vested interests too. He juggles two careers and two ambitions at a time. It opens up the SCBA or any organisation to become a tool of partisan motives, turning it into an impediment rather than a facilitator of legal discourse. This has potential to erode public trust in the judiciary and compromise the sanctity of law administration and justice.

Justice Sridhar Rao, former acting chief justice of Gauhati High Court, told India Legal: “Allowing a Member of Parliament or Member of Legislative Assembly to hold senior posts in the SCBA is not tenable. The association will then have the character of a political party. It will also affect the unity of the Bar.”

Justice Sridhar Rao

Accessibility is another crucial factor that underscores the unsuitability of politicians for leadership roles within professional bodies such as the SCBA. A politician’s hectic schedule, divided between political engagements and legal pursuits, leaves little room for meaningful engagement with the grassroots members of the Bar. A leader who is inaccessible to the common man cannot truly understand their concerns and represent their interests effectively.

Prof Suryaprakash, Vice Chancellor, National Law Institute University (NLIU), Bhopal, told India Legal:  “Article 19 (i) (c) provides for freedom to form associations and unions. The SCBA has been formed not for political aggrandisement but for protection and promotion of advocates interests and rights; and to facilitate administration of justice. SCBA assists the highest court in justice delivery system, and is a part of justice delivery system. The Bar and the Bench go hand in hand. No politician should head the SCBA as it would make all political parties vie with each other to set up their own candidate and would thus make the association a political arena. Bar and Bench go hand in hand. No politician should head the SCBA. It should be headed only by legal professionals.”

Prof.(Dr.) S. Surya Prakash

Sibal was previously elected SCBA President three times, his last tenure was twenty-three years ago in 2001. Before that, he was President during the 1995-96 and 1997-98 terms. Kapil Sibal also served as the Additional Solicitor General of India during 1989–90.

Senior Advocate Pradeep Rai has over 25 years of standing at the Bar in the Supreme Court of India, various High Courts, Commissions, Regulatory Bodies and Tribunals. During his two terms as Vice-President, SCBA, Rai has taken quite a few initiative to promote the interests of the SCBA members which includes mediation programs, members housing , health benefits for members, chamber allotment and cultural programs.

Incumbent SCBA President Senior Advocate Adish Aggarwala is standing for re-election. Apart from Sibal, Rai and Aggarwala, Senior Advocate Priya Hingorani, Advocates Neeraj Srivastava and Tripurari Ray are also in the fray.

The SCBA elections will be held on May 16 . Voters will choose the President, Vice-President, Secretary, and Treasurer. A debate will be held in the Supreme Court lawns between the candidates for the posts of President and Hony Secretary on May 15. Votes will be counted on May 18, Saturday.

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Centre issues notice to Wikipedia on complaints of bias, inaccuracies

The government also questioned why Wikipedia should not be classified as a publisher, rather than an intermediary.

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Centre issues notice to Wikipedia on complaints of bias, inaccuracies

The Centre on Tuesday has issued a notice to Wikipedia over multiple complaints about bias and inaccuracies on the platform. The government in its letter to Wikipedia highlighted that a small group of editors appears to have significant control over the contents, particularly influencing its neutrality. 

Reports said that the government also questioned why Wikipedia should not be classified as a publisher, rather than an intermediary. However, neither Wikipedia nor the government has issued an official statement on the matter so far. 

Wikipedia, popularly known as free online encyclopedia, allows volunteers to create and edit pages on a wide variety of topics, including people, issues and various fields of knowledge. This recent development follows two months after the Delhi High Court slammed Wikipedia and also warned it of a potential ban in India during a case filed by news agency ANI, which alleged that its Wikipedia page contained inaccuracies and defamatory content. 

In the last hearing, Justice Subramonium Prasad further observed that Wikipedia might not be entitled to defend the defamatory edits since it claims to be only an intermediary. The Delhi HIgh Court also questioned if Wikipedia is an intermediary, why is it bothered? It added that if somebody else has edited and that addition is without basis, then it comes down.

It further stated that Wikipedia is not here to protect the editors but is a mere wall. The court opined that it will only see whether the opinion given in the encyclopaedia does not depict the correct picture, as not true representation of the article. However, Wikipedia clarified that it was not defending the statements or edits made on Wikipedia’s page about ANI. It further sought to assist the court in the matter, particularly with regard to the architecture of the platform. 

Notably, Wikipedia has faced growing criticism for alleged bias and inaccuracies, especially amid the ongoing US presidential elections. Elon Musk, owner of X, has publicly accused Wikipedia of supporting far-left ideologies. He also urged the public to stop donating to Wikipedia, claiming it is controlled by far-left activists.

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JMM-RJD-Congress are supporters of Bangladesh infiltrators: PM Modi at Jharkhand rally

Narendra Modi further claimed that if the bad policies of JMM, Congress and RJD continue, the adivasi society in Jharkhand will shrink

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JMM-RJD-Congress are supporters of Bangladesh infiltrators: PM Modi at Jharkhand rally

Ahead of the Jharkhand Assembly election, PM Narendra Modi launched a scathing attack on the incumbent Hemant Soren government, accusing it to put appeasement at the top of its agenda.

While addressing a rally in Jharkhand’s Garhwa, the Prime Minister said the coalition government of Jharkhand Mukti Morcha, Congress and RJD are supporters of Bangladesh infiltrators. He said that the JMM-RJD-Congress government has taken appeasement to its peak, and that these parties are destroying the state’s social harmony. He alleged that the parties are supporters of infiltrators, and to get votes of Bangladesh infiltrators, they are getting them settled across Jharkhand.

The Prime Minister stated that when schools disallow Saraswati Vandana, one can imagine how big the danger is. When there is stone-pelting during festivals, Maa Durga is stopped and curfew is imposed, one knows how dangerous it is, he continued. The Prime Minister also added that when the issue of infiltration goes to court and the administration denies, it becomes clear that the government machinery has been infiltrated. PM Modi was referring to allegations that a Muslim teacher stopped prayers to Goddess Saraswati at a school in Jharkhand’s Giridih.

Narendra Modi further claimed that if the bad policies of JMM, Congress and RJD continue, the adivasi society in Jharkhand will shrink, and advised people to use their vote to uproot this infiltrator coalition. He maintained that Jharkhand’s swift development is possible only if it has a government that expedites the implementation of central schemes.

Referring to the JMM’s decision to replace Champai Soren as Chief Minister after Hemant Soren was granted bail in a money laundering case, PM Modi said that the party has left no stones unturned in humiliating an adivasi son. He asked how the party will take care of the people of the state when nothing matters to them more than family. He added that he does not have a family, and the people are his family. He also mentioned that Champai Soren, once a trusted lieutenant of Hemant Soren, is now with the BJP.

Slamming the ruling coalition of corruption, he said that corruption hollows out the country like termites, and destroys the poor, Dalits, people from backward classes and tribals. He claimed that Jharkhand has seen for five years the corruption of the JMM-Congress-RJD government.

He also referred to the massive cash haul from the home of Congress’s former Rajya Sabha MP Dhiraj Sahu last year. Mentioning that mountains of cash are recovered from the home of Congress’s Rajya Sabha MP, he questioned if this money didn’t belong to Jharkhand.

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Ruckus in Jammu and Kashmir Assembly over resolution against Article 370 abrogation

Chief Minister Omar Abdullah addressing the session, said that the resolution has no importance and it is only for the cameras.

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Ruckus in Jammu and Kashmir Assembly over resolution against Article 370 abrogation

Jammu and Kashmir Assembly on Monday witnessed chaos after People’s Democratic Party (PDP) MLA Waheed Para moved a resolution opposing the abrogation of Article 370 and called for restoring the union territory’s special status.

Waheed Para, the PDP MLA from the Pulwama Assembly seat, submitted the resolution to newly elected Speaker, Abdul Rahim Rather and requested for a discussion on the matter during the five-day session, despite not being a part of the agenda.

It was submitted that although the agenda of the House has been finalised, they believe that the authority as the Speaker allows the inclusion of the resolution, as it reflects the sentiment of the people at large. After the resolution was submitted, all 28 Jammu and Kashmir BJP MLAs stood up to oppose the move, leading to noisy scenes inside the Assembly.

As the members protested, BJP MLA Sham Lal Sharma demanded Para’s suspension for bringing the resolution in violation of Assembly rules. The agitation continued even after the Speaker repeatedly requested the protesting members to take their seats. He asserted the resolution has not come to him yet and when it does, he would examine it.

While the BJP members refused to call off their protest, National Conference MLAs slammed them for interrupting the proceedings of the House. Chief Minister Omar Abdullah addressing the session, said that the resolution has no importance and it is only for the cameras.

The Chief Minister added that how the House will reflect and discuss this matter will not be decided by any one member. If there was a purpose behind the resolution, then they would have discussed this with the government before, he continued.

Nonetheless, CM Abdullah also admitted that the people of Jammu and Kashmir do not approve of the decision taken on August 5, 2019, when Article 370 was abrogated. Lieutenant Governor Manoj Sinha also said that his government will make all efforts for the restoration of full statehood. He mentioned that restoration of full statehood would be a reciprocation of the faith reposed by the people of Jammu and Kashmir in democratic institutions.

Meanwhile, PDP chief Mehbooba Mufti expressed that she was proud of Waheed Para for submitting the resolution.

Notably, Article 370 was a provision in the Constitution that granted special autonomy to the region of Jammu and Kashmir. It also allowed the state to have its own constitution, flag, and autonomy over internal matters except defense, communications, and foreign affairs.

However, the Centre on August 5, 2019 revoked Article 370, effectively removing the special status of Jammu and Kashmir and reorganising it into two Union Territories namely, Jammu and Kashmir, and Ladakh.

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