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Supreme Court may order Mayawati to pay for statues depicting herself and BSP party symbol

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[vc_row][vc_column][vc_column_text]The Supreme Court today (Friday, Feb 8) said it was of the “tentative view” that Bahujan Samajwadi Party (BSP) chief Mayawati should pay back to the public exchequer the money she spent on erecting statues of herself and her party’s symbol ‘elephant’ in public parks across Lucknow and Noida.

This comes on top of a probe by the Enforcement Directorate Mayawati is facing over alleged financial irregularities in the construction of parks and memorials commissioned during her stint as Uttar Pradesh chief minister from 2007-12.

A Bench led by Chief Justice of India (CJI) Ranjan Gogoi was hearing a petition filed by Supreme Court advocate Ravi Kant in 2009, alleging that crores of public money was spent by then Uttar Pradesh Chief Minister Mayawati on these acts of self-aggrandisement. He contended that public money cannot be utilised for building own statues and for propagating a political party.

“We are of the tentative view that Mayawati has to deposit the public money spent on her statues and party symbol to the State exchequer,” said CJI Gogoi. The Bench, also comprising Justices Deepka Gupta and Sanjeev Khanna, made it clear the tentative view was expressed by it as the matter will take some time for hearing. “We will have it for final disposal on April 2,” the bench said.

Kant has alleged that about Rs 2,000 crore was used from the State budget for 2008-09 and 2009-10 to ‘falsely glorify’ the then CM. The petitioner has said the State government should be directed to remove the statues of Mayawati and her party symbol ‘elephant’ from public land.

“The said activity is being carried out as a State policy, which is arbitrary and violative of Article 14 of the Constitution. Sixty statues of elephant were installed at a cost of Rs 52.20 crore at public places by utilising State funds,” the petition had alleged in 2009.

While it is unclear whether the court would ask Mayawati to be personally present in court for the proceedings or indeed order her to cough up the monies her government spent on construction of enormous, self-dedicated, memorials, the view expressed by the top court certainly comes as a major setback for the BSP chief ahead of the Lok Sabha polls.

Mayawati’s fourth stint as UP chief minister between 2007 and 2012 had been widely criticized for the huge amounts of public money her government spent on building parks and memorials in Lucknow, Noida and other parts of the state which were all decked up with massive statues of Dalit icons, BSP founder Kanshi Ram, Mayawati and elephants.

Several petitions had, at the time, challenged the construction of these parks and the extensive use of elephant statues were touted as violation of election commission rules as many saw them as Mayawati’s move to etch her party’s poll symbol strongly into public memory. However, since the elephant statues were not an exact replica of her poll symbol, Mayawati had got reprieve from various courts and the poll panel on their construction. She had also stoutly defended her bizarre decision of getting her own statues installed at these parks while her opponents sought to mock her by claiming that, in Indian tradition, statues of only the deceased are erected.

The BSP’s rout in the 2012 assembly polls was largely attributed to the electorate’s agony against the huge wastage of public money on these memorials, seen as a self-aggrandizing agenda. While it was speculated at the time that the Samajwadi Party government which came to power after Mayawati’s defeat would demolish her statues, then chief minister Akhilesh Yadav had made it clear that he would let the statues stay since a huge amount of public money had already been spent on them.

With Mayawati and Akhilesh now joining hands to take on the common enemy, Prime Minister Narendra Modi and his BJP, in the upcoming Lok Sabha polls, the two satraps from Uttar Pradesh are facing various probes for alleged irregularities that had occurred during their respective stints as chief minister.

In January, the Enforcement Directorate had raided half a dozen places in Lucknow in a bid to recover documents related to the construction of memorials by the Mayawati regime. The raids had come close on the heels on the CBI launching an inquiry into the alleged role of Akhilesh Yadav in illegal mining in Uttar Pradesh. Predictably, both Mayawati and Akhilesh had said that the raids were the result of political vendetta by the BJP.

The Enforcement Department has filed a criminal case under the Prevention of Money Laundering Act to investigate the alleged irregularities flagged by the state vigilance department in 2014 over construction of the memorials. The vigilance department complaint, prepared during the tenure of Akhilesh Yadav’s chief ministership, had claimed that Uttar Pradesh suffered losses of around Rs. 111 crore in the construction of Mayawati’s Dalit memorials between 2007 and 2012. As per one UP government estimate, the overall cost of building the memorials across the state was in the vicinity of a staggering Rs. 2,600 crore.

The UP Lokayukta had also indicted two cabinet colleagues of Mayawati – Nasmeedunin Siddiqui and Babu Singh Kushwaha – besides 12 of her party lawmakers for alleged “’wrong-doings”’ in the purchase of sandstone for the memorials.

Also Read: PM Modi responds to ‘Where are jobs?’

With the Supreme Court now indicating that it may ask Mayawati to personally cough up the money her government spent on the memorials, the BSP supremo may well be staring at a major crisis as her party’s financial muscle is known to be on a steady decline since she lost power in 2012. Faced with a political adversary like the BJP which has earned millions in political donations over the past four and half years of its rule at the Centre, Mayawati knows she needs a robust treasury to help her party’s candidates fight the upcoming polls. However, if a large chuck of her party’s wealth has to be deposited with the BJP-led UP government’s coffers, her Lok Sabha battle may be significantly dented.[/vc_column_text][/vc_column][/vc_row]

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Supreme Court judge calls police assault on CJP protesters very distressing

Supreme Court judge Justice Ujjal Bhuyan criticised alleged police assaults on CJP protesters and raised concerns over excessive force.

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Supreme Court

Supreme Court judge Justice Ujjal Bhuyan has criticised the assault of protesters by police personnel during the recent CJP demonstrations in Delhi, describing the conduct as “very, very distressing” and a matter of serious concern.

Speaking at the launch of retired IPS officer Yashovardhan Azad’s book Policing the Republic, Justice Bhuyan said the detachment expected from police officers appeared to be diminishing.

He expressed concern over young Indian Police Service officers personally participating in the assault of protesters and demonstrators.

Justice Bhuyan stresses need for responsible policing

Justice Bhuyan said effective policing does not require excessive use of force or infringement of human rights. He emphasised that the police play an important role in maintaining public confidence because citizens generally approach the police when they feel they have been wronged.

He said maintaining the credibility of the police force was therefore of “utmost importance”.

The judge’s remarks come amid continuing scrutiny of the police and paramilitary response to the CJP protests in Delhi.

Supreme Court panel to examine police action

The Supreme Court has constituted a high-level panel to investigate allegations concerning the use of force by Delhi Police during the July 20 student protests at Jantar Mantar and the subsequent Parliament march.

The panel, headed by former Supreme Court judge Justice R Subhash Reddy, will examine complaints relating to lathi charges, tear gas, pellet guns and electronic batons. It will also look into allegations of targeted harassment or molestation of female protesters and review available CCTV and video footage.

The police response during the protests has faced criticism, while Delhi Police has maintained that its personnel were also attacked during the clashes.

Judge raises concern over custodial deaths and torture

Justice Bhuyan also spoke about custodial torture and deaths, describing custodial death as one of the gravest crimes in a society governed by the rule of law.

He stressed that torture and cruel, inhuman or degrading treatment cannot be accepted, regardless of whether such conduct takes place during investigation, interrogation or other circumstances.

The judge further warned that when government functionaries themselves become lawbreakers, it can undermine respect for the law and encourage lawlessness.

He questioned whether citizens lose their fundamental rights simply because they have been arrested by police.

‘Fake encounters’ cannot be part of policing

Justice Bhuyan also addressed allegations of extra-judicial killings, commonly referred to as “fake encounters”. Referring to a 2011 Supreme Court judgment, he said such encounters undermine the rule of law.

He stressed that an “encounter philosophy” cannot become part of legitimate policing and said proven fake encounters involving serving police officers must be treated with the utmost seriousness.

The Supreme Court’s panel will now examine the allegations surrounding the police action during the July 20 protests as scrutiny of the events continues.

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8 Tamil Nadu engineering students killed in Kerala car-lorry crash

Eight engineering students from Tamil Nadu were killed after their car collided with a parked lorry on NH-66 in Kerala’s Thrissur district.

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Eight engineering students from Tamil Nadu were killed after the car they were travelling in crashed into a parked lorry on NH-66 in Kerala’s Thrissur district late Friday night, police said.

The accident took place at around 11.40 pm at Panambikkunnu in Kaipamangalam. The students were travelling from Guruvayur towards Kodungallur when their car collided with the rear of the lorry.

What happened in the Thrissur accident

According to the FIR, the lorry was parked illegally on the right side of the highway near a barricaded section where traffic had been diverted because of ongoing construction work.

Police said the car was travelling at high speed and its driver apparently failed to notice the diversion barricade before the vehicle crashed into the rear of the lorry.

The lorry was registered in Maharashtra.

Six students died at the accident spot, while two others were declared dead on arrival at a nearby hospital, police said.

Six victims identified

The victims were students of an engineering college in Dindigul and were travelling towards Kodungallur along NH-66.

Police have identified six of the eight victims. Four of them — Surya, Yuvasanjith, Vishva and Johua — were from Dindigul. The other two identified victims were Santhosh and Prasanna from Madurai.

The identities of the remaining two students are yet to be confirmed.

Residents, fire and rescue personnel and police took part in the rescue operation and pulled the students from the badly damaged car. The bodies were subsequently taken to the mortuary of Thrissur Medical College.

Case registered against lorry driver

Kaipamangalam police have registered a case against the lorry driver under Section 105 of the Bharatiya Nyaya Sanhita for culpable homicide.

Police said the driver went into hiding shortly after the accident.

The families of the victims were contacted using student identity cards recovered from the bodies. Police said some families were unaware that their children had travelled to Kerala.

Postmortem examinations will begin after the families reach Thrissur Medical College, police said.

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Air India sacks Phuket-Delhi flight pilot after failing drug test

Air India has terminated the Phuket-Delhi flight pilot after a confirmatory test found a psychoactive substance following the August 4 incident.

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Air India has terminated the employment of the pilot-in-command of a Phuket-Delhi flight after he tested positive for a psychoactive substance.

The pilot was in command of flight AI2379, which was travelling from Phuket to Delhi on August 4 when the aircraft suddenly lost altitude over Odisha. The incident left 24 passengers injured.

Air India said the termination was in line with its zero-tolerance policy regarding safety violations and regulatory requirements.

Air India terminates pilot with immediate effect

In a statement, the Tata-owned airline said the pilot-in-command had tested positive for a psychoactive substance.

The airline said that, considering its zero-tolerance approach to violations related to safety, fitness and regulatory requirements, the pilot’s employment had been terminated with immediate effect.

Air India also said it continues to cooperate fully with the investigation into the incident and has provided access to relevant operational, maintenance and technical records.

What happened on the Phuket-Delhi flight?

According to the preliminary findings of the Aircraft Accident Investigation Bureau (AAIB), the Airbus A320 was carrying 145 people when it experienced the near-simultaneous loss of all three hydraulic systems while cruising at around 36,000 feet.

The technical failure resulted in the autopilot disconnecting and triggered a brief stall warning. The aircraft subsequently lost altitude, resulting in injuries to 24 passengers.

The preliminary report also noted that the pilot tested non-negative for a psychoactive substance in a confirmatory test.

However, the report did not establish that the pilot’s drug-test result caused or contributed to the hydraulic system failure or the subsequent loss of altitude.

AAIB recommends action over psychoactive substance finding

The AAIB described the confirmation of psychoactive substance use as a serious concern and recommended that the Directorate General of Civil Aviation (DGCA) take appropriate action against the pilot on priority.

The investigation into the technical and other aspects of the incident is still underway.

The preliminary report also noted that the co-pilot was flying the aircraft when the incident occurred and attempted to bring the situation under control.

Air India said safety remains its highest priority and that its pilots undergo training, proficiency checks, medical examinations and other regulatory assessments in accordance with applicable requirements.

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