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Supreme Court convicts ex interim CBI Director Nageswara Rao for contempt of court

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Nageswar Rao

[vc_row][vc_column][vc_column_text]CBI’s former interim director M Nageswara Rao was today (Tuesday, Feb 12) held guilty of violating Supreme Court orders by transferring CBI joint director officer Arun Sharma who was the lead investigator in Muzaffarpur Shelter Home case.

The court also held Rao’s legal officer, CBI’s Director of Prosecution S Bhasuran, guilty of contempt.

“It is not an error. It is wilful disobedience,” a livid Chief Justice Ranjan Gogoi said. Rejecting their apology, the judges imposed a fine of Rs 1 lakh each on Nageswara Rao and Bhasuran and told them to sit in a corner of the courtroom till the court rises for the day.

The Supreme Court had placed an embargo on transfers of all CBI officers involved with the investigation into alleged sexual exploitation of inmates at the shelter home in Bihar’s Muzaffarpur district.

On February 7, while hearing a petition filed in the shelter home case, a Supreme Court bench led by Chief Justice Ranjan Gogoi and comprising Justices L Nageswara Rao and Sanjiv Khanna was incensed to discover that CBI joint director AK Sharma who was leading the probe had been transferred without prior approval of the court.

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The bench had then been informed that the transfer made by the Appointment Committee of the Cabinet (ACC), headed by Prime Minister Narendra Modi, on the advice of Rao, then interim CBI chief, while withholding information on the court-enforced embargo. The Chief Justice had pointedly told Attorney General KK Venugopal, appearing for Rao, that if a case of contempt of court was made out, the court would take the matter “very, very seriously.”

“You have played with our orders. God help you,” Chief Justice Ranjan Gogoi had said during the last hearing.

Yesterday, Rao had filed an “unconditional apology” with the Supreme Court, admitting to having violated its order by transferring Sharma but insisting that the action “came to be made not with any deliberate or disobedient intent” and that it was “never my intention to undermine the majesty of this Hon’ble Court, or to flout or circumvent any direction of this Hon’ble Court.”

“I sincerely realise my mistake and while tendering my unqualified and unconditional apology, I specially state I have not wilfully violated the order of this court as I cannot even dream of violating or circumventing order of this court,” Rao said in his affidavit.

As the court took up the contempt case on Tuesday, Attorney General Venugopal appeared before the bench and said that the former interim CBI director “admits his mistake”.

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As arguments began, it became clear that the bench was unwilling to let Rao, who was present in the courtroom, off with just a simple apology. Chief Justice Gogoi asked the Attorney General, “what is it if not contempt” while pointing out that Sharma’s relieving order was passed without prior approval of the court and in violation of its express orders.  The interim CBI chief’s affidavit was also “an admission of contempt”, he said.

As Venugopal continued to plead that Rao may be excused owing to his unconditional apology, the bench wondered why the interim CBI chief had “kept silent for two weeks” after Sharma’s transfer was effected and not sought “post facto approval” of the court for his decision.

“We are not inclined to accept his apology… we are of the view that he should be held guilty of contempt,” the Chief Justice said, even as Venugopal prayed for leniency. The Chief Justice then asked the Attorney General: “should we hear you on the point of sentence or him (Rao)”.

The Attorney General sought to protect Rao from being penalised by trying to turn the blame for violation of the court’s orders on “junior law officers” of the government. Venugopal argued that Rao had recommended to the ACC to transfer Sharma after getting due legal advice from them and that the junior lawyers officers of the Central Law Agency failed to inform the court and get its approval on the transfer.

Unimpressed, the Chief Justice said: “his (Rao’s) attitude is, I have done what I think is best (sic).”

“I have not invoked contempt powers and punished anyone in the last 20 years,” Chief Justice Gogoi said: “but there has to be a first time to maintain the integrity… this (Rao’s action) is brazen.”

The bench then made it clear that it was holding Rao as well as Bhasuran guilty of contempt and said it would hear the former interim CBI chief on the quantum of sentence to be awarded.

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Attorney General Venugopal then pleaded that Rao be let off after being made to pay a fine. Accepting Venugopal’s plea, the court imposed a fine of Rs 1 lakh on Rao and legal officer Bhasuran, while directing the former interim CBI director to “sit in one corner” of the courtroom till the bench rises at the end of the day’s board.

However, the court, while holding Rao guilty of contempt, clarified that the transferred officer, AK Sharma, will not return to lead the shelter home probe and his transfer, made in violation of court orders, will not be rescinded.

Rao had taken over as interim CBI chief when the Centre and Central Vigilance Commission (CVC) divested Alok Verma of his responsibilities as the agency’s director on October 23. The very next day, Rao had issued transfer orders for a slew of officers known for their proximity to Verma and those who were, at the point, part of a Special Investigation Team (SIT) that was probing the CBI’s then special director Rakesh Asthana in graft cases.

Verma had rescinded these transfer orders during the two days that he returned as CBI director (on January 8 and 9) following his conditional reinstatement by the Supreme Court. On January 10, when Verma was summarily sacked as CBI director by the selection panel mandated to appoint the agency’s chief, Rao returned as interim chief and re-issued the transfer orders.

The transfers were controversial to begin with as they appeared to be a move aimed at scuttling the probe against Asthana. Some of these transfers are also under challenge in the Supreme Court.[/vc_column_text][/vc_column][/vc_row]

India News

Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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