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Supreme Court notice to Modi govt on plea against amendment to corruption law

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SUPREME-COURT

[vc_row][vc_column][vc_column_text]The Supreme Court today (Monday, Nov 26) issued notice to Narendra Modi government on a plea challenging constitutional validity of amendments made to the Prevention of Corruption Act in July this year making it difficult for probe agencies to expeditiously act on complaints of graft against serving and retired bureaucrats.

The amendment to the anti-graft law mandates prior sanction before starting a probe against a serving or retired government servant in a corruption case.

The Supreme Court bench comprising Chief Justice Ranjan Gogoi and Justice Ajay Rastogi was hearing a petition filed by the Center for Public Interest Litigation (CPIL).

The petition seeks a review of Section 17A of the PC Act which mandates that the still-to-be-formed Lokpal at the Centre and the Lokayuktas in States will have powers to approve initiation of inquiries against all serving and retired bureaucrats upon receipt of any complaint of graft against them. The Centre has been asked to respond to the notice within six weeks.

The Centre notified amendments to the PC Act on July 26 this year. The amended anti-graft law introduced stringent penalties for bribe givers and bribe seekers once their culpability in the act was proven but, on the other hand it made the investigative process more cumbersome.

Many anti-graft crusaders had, at the time of the passage of the amended legislation, mocked the law as one that should be called Protection (and not Prevention) of Corruption Act”.

The provision of prior sanction also introduces an element of government discretion and preference in choosing which official should be proceeded against and who should be spared.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text css=”.vc_custom_1543225561723{border-top-width: 10px !important;border-right-width: 10px !important;border-bottom-width: 10px !important;border-left-width: 10px !important;padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #cecece !important;border-radius: 10px !important;}”]The amended Section 17A of the Act reads thus:

“(1) No police officer shall conduct any enquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under this Act, where the alleged offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties, without the previous approval —

(a) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affairs of the Union, of that Government;

(b) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affairs of a State, of that Government;

(c) in the case of any other person, of the authority competent to remove him from his office, at the time when the offence was alleged to have been committed:

Provided that no such approval shall be necessary for cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any undue advantage for himself or for any other person:

Provided further that the concerned authority shall convey its decision under this section within a period of three months, which may, for reasons to be recorded in writing by such authority, be extended by a further period of one month.”[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Critics of the amended Act claim that Section-17A “violates of Article-14, 19 and Article-21 of the Constitution of India” and that it also takes away or abridge the fundamental rights of complainants of fair investigation as well as equality before the law.

The Modi government, on the other hand, has maintained that the amended legislation serves as a strong deterrent against corruption while it also safeguards conscientious bureaucrats against motivated complaints.

Votaries of the amended Act state that it had increased the punishment for those found guilty of offering a bribe from the previous mandated jail term of six months to three years to a more stringent “up to seven years imprisonment”. The amended law also provides for a sentence of “between five to 10 years” for repeat offenders. It also stipulates that investigation and trial against government employees alleged of crimes under that Act must be completed within two years – and if this condition is not met then a maximum extension of another two years may be granted.[/vc_column_text][/vc_column][/vc_row]

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Maharashtra elections: Milind Deora to fight against Aaditya Thackeray from Worli seat

The elections for the 288 Assembly seats in Maharashtra are scheduled for November 20, with the counting of votes set to take place on November 23.

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Maharashtra Chief Minister Eknath Shinde-led Shiv Sena has declared Rajya Sabha MP Milind Deora as its candidate for the Worli Assembly seat, setting the stage for a high-stakes battle against Shiv Sena (UBT) leader Aaditya Thackeray.

Taking to X on Friday, Deora said: “Chief Minister Eknath Shinde believes that justice for Worli and Worlikars is long overdue. Together, we’re paving the way forward and will share our vision soon. It’s Worli now!”

Deora, who recently switched from the Congress party to Shiv Sena due to feeling marginalised, was initially considered for the South Mumbai seat against Arvind Sawant of Shiv Sena and was expected to contest in the election. However, ultimately, another member from Shiv Sena’s Byculla constituency unsuccessfully vied for that seat.

The Worli constituency, which Thackeray won in his electoral debut in 2019, is now poised for a triangular contest, with Maharashtra Navnirman Sena’s (MNS) Sandeep Deshpande emerging as the third contender.

Aaditya Thackeray filed his nomination from the traditional Worli seat on Thursday, expressing his confidence to win in the upcoming state polls and hoping that people would bless him with their votes.

Speaking to ANI, he said, “I am very confident that the people will bless me because we are about to form government in Maharashtra and that is for sure. As you can see, this atmosphere is very good, you can see the love people are giving me.”

Thackeray’s interest in contesting from Worli prompted strategic moves by the party, including bringing Ahir into their fold and elevating him to the Legislative Council. Additionally, Shinde was similarly accommodated to ensure a clear path for Thackeray.

Releasing its first list of candidates on Tuesday, which included Chief Minister Eknath Shinde contesting from Kopri-Panchpakhadi in Thane city and more than half a dozen cabinet members from their respective seats, the ruling Shiv Sena also renominated almost all the MLAs who supported Shinde during his revolt against the then Chief Minister Uddhav Thackeray in June 2022. The party aims to contest a total of 45 seats in the state Assembly elections.

The Shiv Sena’s announcement comes shortly after its ally, the BJP, released a list of 99 candidates for the state Assembly polls.

The elections for the 288 Assembly seats in Maharashtra are scheduled for November 20, with the counting of votes set to take place on November 23.

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Rahul Gandhi slams PM Modi-led central government over terror attacks in J&K

According to reports, two soldiers and two civilians were killed when terrorists ambushed army vehicles in the Baramulla district of Jammu and Kashmir.

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Leader of Opposition in the Lok Sabha and Congress leader Rahul Gandhi on Friday slammed Prime Minister Narendra Modi-led central government over the recent terror attacks in Jammu and Kashmir.

The former Congress chief said that the NDA government’s policies have failed to establish security and peace in the valley.

“Contrary to their claims, the reality is that the J&K is living under the shadow of danger due to repeated terrorist activities, attacks on our soldiers and targeted killings of civilians,” Gandhi said in a post in Hindi on X.

The Congress leader asked the government to immediately take accountability and restore peace in the valley at the earliest and ensure the safety of the army and civilians.

Expressing his condolences, the Congress leader said: “The news of the martyrdom of our brave soldiers in the cowardly attack on an army vehicle in Gulmarg, Jammu and Kashmir is extremely sad.” Two porters also lost their lives in the attack, he added.

According to reports, two soldiers and two civilians were killed when terrorists ambushed army vehicles in the Baramulla district of Jammu and Kashmir.

Officials stated that a convoy transporting personnel from a Rashtriya Rifles unit, along with civilian porters, was en route to the Nagin post in the Afrawat range. The attack occurred when terrorists opened fire on two army trucks at Botapathri, approximately 6 kilometers from the tourist destination of Gulmarg.

National Conference president Farooq Abdullah also condemned the terrorist attack and said attacks like the one in Gulmarg would continue to occur until India and Pakistan found a way to be friends and that would end J&K’s troubles.

Speaking to reporters, Abdullah said: “Such attacks will continue to take place in this state. You know where they come from and it will not stop until some way is found to get out of this trouble. I have been witnessing it for the last 30 years, innocent people are getting killed.”

“We are not going to become a part of Pakistan. So, why are they doing this? To disrupt our future? To make us poorer?” he said.

Union Home Minister Amit Shah had on October 20 condemned the recent terror attack, in which two labourers were killed in Gagangir area of the Ganderbal district.

In a post on X, he said: “The dastardly terror attack on civilians in Gagangir, J&K, is a despicable act of cowardice. Those involved in this heinous act will not be spared and will face the harshest response from our security forces. At this moment of immense grief, I extend my sincerest condolences to the families of the deceased. Praying for the speedy recovery of those injured.”

Despite the Home Minister’s appeal, on October 24, seven people, including six non-local labourers and a local doctor, were killed in Kashmir’s Ganderbal district. The terror attack occurred when terrorists opened fire at the victims at the Z-Morh tunnel construction site.

Earlier on October 18, a labourer from Bihar was found dead in the Shopian district. His bullet-riddled body was found in the Wachi area of Zainapora.

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Cyclone Dana: West Bengal CM Mamata Banerjee says around 2 lakh people moved to relief camps, one dead

IMD added that isolated extremely heavy rainfall is expected over coastal Odisha and south Gangetic West Bengal (east & west Medinipur) on October 25.

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West Bengal Chief Minister Mamata Banerjee on Friday said around 2.16 lakh people have been evacuated from affected areas to relief camps, adding that one person has died during Cyclone Dana.

Addressing a press conference, Banerjee said some districts were affected badly after Cyclone Dana hit the areas here, especially ‘kaccha’ houses. She said all District Magistrates, police officers and concerned officials have been doing their best and the government coordinating with all of them from time to time.

“2.16 lakh people evacuated from affected areas to relief camps. I talked to an MLA, he informed me that Kapil Muni Mandir has been affected and faced massive waterlogging. I talked to all MLAs of affected districts,” she said.

On Thursday, Banerjee was personally overseeing every move from the State Emergency Operation Centre in Nabanna, ahead of Cyclone Dana.

India Meteorological Department (IMD) has stated that Cyclone Dana crossed the north Odisha coast as a severe cyclonic storm with a wind speed of 100-110 kmph gusting to 120 kmph. Isolated extremely heavy rainfall is highly likely over south Gangetic West Bengal, specifically in east and west Medinipur today.

The severe cyclonic storm Dana made landfall close to Habalikhati Nature Camp (Bhitarkanika) and Dhamara between 0130 hrs IST to 0330 hrs IST on October 25, with wind speeds of 100-110 kmph gusting to 120 kmph, said IMD.

IMD added that isolated extremely heavy rainfall is expected over coastal Odisha and south Gangetic West Bengal (east & west Medinipur) on October 25.

NDRF DIG Mohsen Shahedi said, “Reports are being compiled from the field by the SOC and shortly we will have the details. The normal services have also been restored. The air services have been resumed.”

Flight operations have now resumed at Netaji Subhash Chandra Bose International Airport in Kolkata. These services were previously suspended due to the effects of Cyclone Dana. Rains are being experienced in various parts of West Bengal as a result of the cyclonic activity.

Odisha Chief Minister Mohan Charan Majhi said that Cyclone Dana made landfall at midnight on the 24 and 25 October. During the landfall, the windspeed was 82-100 km/hour, he added.

“There has been no report of any casualty anywhere. We have achieved the target of zero casualty due to proper planning and execution. We have shifted more than 6 lakh people to safer places. Airport services have become normal. The first flight landed in Bhubaneswar at 9 am and all the road blockage will be cleared by 1 pm today,” the Chief Minister said.

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