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Supreme Court pulls up Modi govt for objecting to its criticism

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Supreme Court

After a series of cases it came in for scathing criticism at the Supreme Court, the Narendra Modi government on Wednesday, August 8, told the top judicial body to restrain itself from making adverse remarks against governance while dealing with individual cases.

The top court said it was at least solving problems, and was in no way “criticising the government”. It said that the judiciary would not need to intervene in PILs if the authorities discharged their duties in accordance with the law. It said it was enforcing the rights of citizens and warned the government against creating the impression that the courts were preventing it from working.

Attorney-general K.K. Venugopal said the country had a wide range of problems and that the “Hon’ble court must desist from making adverse remarks against the governance in entirety”. He made the submission before a bench of Justices Madan B. Lokur, Deepak Gupta and Abdul Nazeer while appearing in a PIL on poor prison conditions.

Venugopal also made references to newspaper headlines based on the observations made by the bench.

Venugopal referred to Justice Lokur’s observation on Tuesday, while dealing with another PIL, that “women are being raped left, right and centre” and the government was not doing anything to check the rising crime.

Venugopal said often, when the court passes an order on a PIL, there are adverse effects. Giving examples, Venugopal said that while the cancellation of the 2G licenses by the court virtually wiped out huge foreign investments, another order for removal of liquor vends on highways caused a financial loss and people lost their livelihood.

“There is a question of budgetary allocations…Government’s 80-90 welfare programs are going on simultaneously…Court dealing with one issue and passes order but from where the funds would come,” Venugopal pleaded.

“It is not that we have done nothing or we are doing nothing. Not everything is negative,” Venugopal said.

“Judges may not know all aspects of every problem when they choose to make adverse comments against the government,” he added.

Justice Lokur shot back saying it was because of the court’s order that the government has collected over Rs. 1,50,000 crore as environment funds for illegal mining. The court wanted to know why that amount has not been spent.

Venugopal said these funds were collected for environment purposes.

The bench retorted that in one of the matters related to construction workers, over Rs 30,000 crore meant for welfare of these workers were used to buy laptops and washing machines.

“There is enough money. They (construction workers) do not have clothes to wear but washing machines were purchased. They are illiterates, but laptops were purchased,” it said.

The AG told the bench that India has a population of around 1.3 billion which was increasing exponentially and there were several problems in the country.

“Day in, day out, I read newspapers and your observations,” the AG told the bench.

To this, Justice Lokur said, “Rest assured that Article 21 (protection of life and personal liberty) will remain here and we will uphold it”.

The court: “Let us make it clear that we have not and we are not criticising the government for everything.  We are also citizens of this country. Do not give the impression that we are criticising the government and preventing it from working. We are only enforcing rights of people. We cannot wish away Article 21.”

Many developments have happened only because of the orders of the court, the bench said, adding: “You should only ask your officers to follow the laws made by Parliament.”

The bench of Justice Lokur has been hearing pleas relating to social media monitoring, mob lynching, pollution, environment, garbage, overcrowding of prisons, conditions of women and children there, shelter homes for children, rehabilitation of widows, illegal mining and other matters. In many of these cases, it has passed strictures on the government.

In the present instance, the court was hearing a PIL relating to inhuman condition prevailing in 1,382 prisons across the country which are overcrowded.

Venugopal said that with 1.3 billion population which is increasing exponentially there were several problems faced by the country, and every order on PILs should have a separate note as to the effects of such orders on other sectors, effect on budgeting, rights of others who could be affected and every order has to be balanced and well thought of as India has “enormous problems”.

The bench said, “Tell your law officers to argue on this line also. Tell your government to obey the law of the land”.

The Attorney General said that he has conveyed his views to the court about dealing with the PILs and the court should consider his submissions without any offence.

The court wanted setting up of a one member committee of a retired judge of the apex court to recommend measures on prison reform, including overcrowding, and women prisoners languishing in jails. It said the Committee would be assisted by two-three government officials that would file periodical reports to the apex court.

Posting the matter for 17 August, the bench asked the Centre to file details of the proposed committee.

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BJP releases first list of 47 candidates for Kerala assembly polls

The BJP has released its first list of 47 candidates for the Kerala Assembly elections scheduled for April 9, including three former Union ministers.

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BJP releases list of candidates

The Bharatiya Janata Party (BJP) on Monday released its first list of 47 candidates for the upcoming Kerala Assembly elections scheduled for April 9.

Voting will take place for all 140 seats in the state assembly, with counting of votes scheduled for May 4. A party or coalition needs at least 70 seats to secure a majority in the House.

Among the candidates announced in the first list are three former Union ministers — Rajeev Chandrasekhar, V. Muraleedharan and George Kurian.

Key candidates announced

Kerala BJP chief and former Union minister Rajeev Chandrasekhar has been fielded from the Nemom assembly constituency. In the 2024 Lok Sabha election, Chandrasekhar lost the Thiruvananthapuram seat to three-time MP Shashi Tharoor, but he led in the Nemom assembly segment during that contest. The party believes this performance strengthens its prospects in the constituency.

Nemom has held political significance for the BJP since 2016, when senior leader O. Rajagopal won the seat and became the party’s first-ever MLA in the 140-member Kerala Legislative Assembly. The victory marked the BJP’s initial breakthrough in the state assembly.

However, the seat returned to the Left camp in the 2021 Assembly election when V. Sivankutty defeated BJP leader Kummanam Rajasekharan.

Former Union minister V. Muraleedharan will contest from the Kazhakoottam constituency, while George Kurian has been nominated from Kanjirappally.

Other candidates in the list

According to the list released by the party, several other candidates have also been announced for key constituencies. P. C. George will contest from Poonjar, R. Sreelekha from Vattiyoorkavu and Padmaja Venugopal from Thrissur.

The BJP has also nominated Sobha Surendran from Palakkad, Navya Haridas from Kozhikode North and Kavitha K. S. from Sulthanbathery, a reserved constituency.

Raji Prasad will contest from the Kunnathur seat reserved for Scheduled Castes, while R. Rashmi has been fielded from Kottarakkara.

Political backdrop in Kerala

Kerala’s electoral politics has traditionally alternated between the Left Democratic Front (LDF) and the Congress-led United Democratic Front (UDF). However, the BJP has been attempting to expand its presence in the state.

The alternating trend was interrupted in the 2021 Assembly election when the electorate returned the Pinarayi Vijayan-led government to power for a second consecutive term.

The BJP believes recent electoral performances and local body successes have strengthened its position as it prepares to contest the upcoming assembly polls.

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Fire in ICU at SCB medical college hospital in Cuttack kills 10 patients

Ten patients died after a fire broke out in the trauma ICU at SCB medical college hospital in Cuttack early Monday morning. Odisha Chief Minister Mohan Charan Majhi announced compensation and ordered a judicial probe.

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A major fire at the trauma care intensive care unit (ICU) of SCB Medical College and Hospital in Cuttack, Odisha, early Monday morning left ten patients dead and several hospital staff members injured.

According to officials, the fire broke out between 2:30 am and 3:00 am in the trauma ICU where critically ill patients were undergoing treatment. Emergency teams rushed to the scene soon after the incident, and multiple fire engines were deployed to control the blaze and assist in rescue operations.

Odisha Chief Minister Mohan Charan Majhi said hospital staff were injured while evacuating patients from the affected ward during the emergency.

Patients shifted as rescue operations continued

Following the fire, 23 patients were moved to other departments and wards within the hospital to ensure their safety and continued medical care.

Speaking to reporters, the Chief Minister said seven critically ill patients died while being shifted to other ICUs and wards, while three more succumbed later.

“A total of 23 patients have been shifted to other departments. Seven serious patients died while shifting to other ICUs and wards, while another three patients died later. I have directed the concerned officers for proper treatment of the injured patients,” Majhi said.

Chief minister visits hospital, announces compensation

Soon after the incident, Majhi visited the hospital along with Odisha Health Minister Mukesh Mahaling to review the situation. They also met patients who were undergoing treatment at the facility.

The Chief Minister announced financial assistance of ₹25 lakh for the families of each deceased patient.

He also ordered a judicial probe into the incident to determine the cause of the fire and examine safety measures at the hospital.

Authorities continue to monitor the condition of injured staff members and patients who were shifted from the ICU.

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Arvind Kejriwal moves Supreme Court against Delhi High Court order in excise policy case

Arvind Kejriwal has approached the Supreme Court challenging a Delhi High Court order related to proceedings in the excise policy case and alleging violation of his fundamental rights.

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Arvind Kejriwal

Aam Aadmi Party chief and former Delhi Chief Minister Arvind Kejriwal has approached the Supreme Court of India challenging certain proceedings in the Delhi excise policy case and alleging a violation of his fundamental rights.

In a petition filed under Article 32 of the Constitution, Kejriwal has questioned a decision of the Delhi High Court that put a freeze on remarks related to the investigation conducted by the Central Bureau of Investigation.

The petition also challenges an order of the High Court Chief Justice rejecting Kejriwal’s request to transfer the case to another bench.

Plea seeks change of bench

Earlier, on March 11, Kejriwal and several others submitted a representation to Delhi High Court Chief Justice Devendra Kumar Upadhyaya seeking reassignment of the case to what they described as an “impartial” judge.

In the representation, Kejriwal stated that he had a “grave, bona fide and reasonable apprehension” that the matter may not receive an impartial hearing before the current bench.

However, the Chief Justice declined the request and said the petition had been assigned as per the existing roster.

According to the communication sent by the High Court’s Registrar General on March 13 to eight individuals including Kejriwal, the Chief Justice noted that any decision on recusal must be taken by the judge hearing the matter and that there was no reason to transfer the petition administratively.

Order on trial court proceedings also challenged

Kejriwal has also challenged a March 9 order passed by Justice Swarana Kanta Sharma of the Delhi High Court.

In that order, Justice Sharma had stayed a trial court direction that called for an investigation into a CBI officer who handled the excise policy case. The High Court had also asked the trial court to defer proceedings connected to the anti-money laundering aspect of the case.

Justice Sharma had further rejected certain observations made by the trial court while discharging Kejriwal and 22 others, stating that some of those remarks were erroneous.

Hearing expected on CBI plea

Meanwhile, Justice Sharma is scheduled to hear a petition filed by the CBI challenging the discharge of Kejriwal, former Delhi Deputy Chief Minister Manish Sisodia and others in the excise policy case.

The matter remains under judicial consideration as the legal challenge now moves to the Supreme Court.

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