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Supreme Court rejects plea challenging appointment of Nageswara Rao as CBI interim chief

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[vc_row][vc_column][vc_column_text]The Supreme Court today (Tuesday, Feb 19) refused to examine the manner in which M Nageswara Rao was appointed interim CBI director, when the full-time director Alok Verma was removed in January, and rejected a petition challenging his appointment.

A Bench led by Justice Arun Mishra and also comprising Justice Navin Sinha, said a regular CBI Director has already been appointed. The court also refused to delve into the issues of more transparency raised by NGO and petitioner, Common Cause.

The petitioner said the government had “completely bypassed” the statutory requirement to consult the high-powered selection committee of the Prime Minister, Opposition Leader and the Chief Justice of India before appointing Rao as interim head of CBI.

Rao had first been appointed as interim CBI chief when the Centre and CVC had, in a controversial post-midnight decision on October 23-24 divested then CBI director Alok Verma of his responsibilities. This order was later quashed by the Supreme Court.

Later, when the selection committee mandated for appointing the CBI director dismissed Verma from office, within 48 hours of his reinstatement to the post by the apex court, on January 10, Rao had been brought back as interim chief of the premier investigation agency.

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The NGO and activist Anjali Bhardwaj had termed the January 10 order of the government handing over the charge and work of the CBI Director to Rao as “illegal”.

The petitioners had argued that Rao’s appointment was done in violation of the rules set for appointing the CBI director and that the selection committee, comprising the Prime Minister, Chief Justice of India and Leader of Opposition (or the largest opposition party) in Lok Sabha had not met to discuss and clear his appointment.

The selection committee had, on February 2, cleared the appointment of former Madhya Pradesh Director General of Police and 1983 batch IPS officer Rishi Kumar Shukla as the new full-time director of the CBI.

The petition challenging the manner in which Rao was appointed said, “The Government of India has attempted to stifle the independence of the institution of the CBI by appointing the Director of the CBI in an arbitrary and illegal manner.”

It said the mandatory requirement under Section 4A of the Delhi Special Police Establishment (DSPE) Act of 1946 to consult the high-powered selection committee was a statutory measure to make the appointment process of the CBI Director free from government interference.

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“The DSPE Act as amended by the Lokpal and Lokayuktas Act, 2013 provides for the appointment of the CBI Director by a high-powered selection committee which does not have a preponderance of the government and its representatives. The committee consists of the Prime Minister, the Leader of Opposition and the Chief Justice of India or any Judge of Supreme Court nominated by him,” the petition said.

Besides, it argued that Rao’s earlier appointment as interim CBI Director following the ouster of Alok Verma on October 23 was quashed by the Supreme Court in a judgment on January 8. Yet the January 10 order has stated that the Appointment Committee of the Cabinet approved the appointment of Mr. Rao “as per the earlier arrangement”.

“The October 23 order making Mr. Rao interim CBI Director was quashed by the Supreme Court on January 8 for violating the procedure for appointment of CBI Director as defined in the DSPE Act… However, the government still invoked its earlier order which had been quashed, to once again make Shri Nageshwar Rao Interim Director of the CBI even though it was not the competent authority and did not have any powers to make the appointment,” the petition said.

Lack of transparency in the appointment of the CBI Director allows the government to exercise undue influence in the appointment process especially at the stage of short-listing of candidates, the petition said.

However, the course of the proceedings in the petition was full of drama. To begin with, three Supreme Court judges – Chief Justice Ranjan Gogoi, Justice AK Sikri and Justice NV Ramana –recused from hearing the case one after the other. The case was finally listed before the bench headed by Justice Arun Mishra.

During one hearing in the case, Attorney General KK Venugopal had told the court that Rao’s appointment as the interim chief had been approved by the selection committee. Advocate Prashant Bhushan, counsel for the petitioner, had taken to Twitter to claim that Venugopal had tried to mislead the court. Bhushan said that he had spoken to Congress leader Mallikarjun Kharge, one of the three members of the selection committee, who confirmed that Rao’s appointment was not discussed by the panel.

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Venugopal had then sought contempt proceedings initiated against Bhushan and reiterated before the court that Rao’s appointment had the selection panel’s approval. A decision on whether Bhushan should be held in contempt is still awaited.

Rao’s actions as the interim CBI director had also come in for judicial reprimand during the pendency of this petition. Earlier this month, in an unprecedented move, Rao, still an additional director with the CBI and among the agency’s top three officers, was found guilty of contempt of court and penalized with a fine of Rs 1 lakh and detention within the courtroom of Chief Justice Ranjan Gogoi for a day, for transferring senior CBI official AK Sharma despite an embargo imposed by the Supreme Court on his transfer.

Sharma was heading the probe into the Muzaffarpur shelter home case. However, his proximity to axed CBI director Alok Verma and frosty ties with tainted former CBI special director Rakesh Asthana, a close confidante of Prime Minister Narendra Modi, had led to Rao transferring him soon after Verma was moved out of the agency. In his hurry to move Sharma and other officers close to Verma to new, relatively less important roles, Rao forgot that the Supreme Court had imposed an embargo on transfer of all CBI officers who were part of the team – Sharma being the head of this probe – investigating the Muzaffarpur shelter home case. The top court held Rao in contempt for violating its orders.

On Tuesday, as the court dismissed the petition challenging Rao’s appointment it refused to address the other key question raised in the plea – that of the need for greater transparency in the appointment process for the CBI director (or interim director).

The bench of Justices Arun Mishra and Navin Sinha simply held that a full-time CBI director had already been appointed; hence it needn’t interfere with the appointment of Rao whose contested stint as interim CBI chief had already ended.[/vc_column_text][/vc_column][/vc_row]

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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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India offers forensic DNA support to identify Nepal flood victims

India will make forensic laboratory facilities available for DNA profiling of first-degree relatives of people missing after Nepal’s August 26 flash floods.

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India has offered forensic laboratory support to help identify people who remain missing after the devastating flash floods in Nepal.

The Ministry of External Affairs (MEA) said central and state forensic laboratories in India will make their DNA profiling facilities available for first-degree biological relatives of people missing after the August 26 flash floods in Nepal.

DNA samples can be provided by relatives in India

According to the MEA, first-degree biological relatives living in India can have their biological samples collected and DNA profiles prepared.

The relatives can include a person’s father, mother, son, daughter or sibling. DNA profiling can be carried out at Central Forensic Science Laboratories (CFSLs), State Forensic Science Laboratories (SFSLs), laboratories of the National Forensic Sciences University (NFSU), and NABL-accredited laboratories with DNA profiling capabilities.

The initiative is intended to support Nepal’s ongoing process of identifying mortal remains recovered after the flash floods.

DNA profiles to be compared with unidentified remains

The MEA said the DNA profiling may use Autosomal STR DNA profiling, as advised by Nepal Police, subject to the technical requirements communicated by the Nepali authorities.

Once prepared, DNA profiles and the preliminary information required by Nepalese authorities can be sent to Nepal Police by email for comparison with DNA profiles obtained from unidentified mortal remains.

The Indian Embassy in Kathmandu will also facilitate coordination, with copies of the DNA profiles to be shared with the embassy for this purpose.

Nepal flood death toll rises

The death toll from the flash floods has risen to at least 1,259, according to Nepalese authorities, after rescue workers recovered additional bodies from affected areas.

More than 12,000 people have been rescued, while around 5,000 people remain missing as search and rescue operations continue.

The flash floods, which followed an ice-rock avalanche near the Nepal-Tibet border, caused extensive destruction across towns and villages in northern and central Nepal.

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PM Modi hails ISRO after successful GSLV-F17 launch, calls it proud moment

PM Modi congratulated ISRO after GSLV-F17 successfully launched EOS-05, calling the achievement a proud moment for India.

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Prime Minister Narendra Modi on Friday congratulated the Indian Space Research Organisation (ISRO) after the successful launch of the GSLV-F17 rocket carrying the EOS-05 Earth observation satellite, describing the achievement as a proud moment for the nation.

The GSLV-F17 lifted off at 2:55 a.m. IST from the Satish Dhawan Space Centre in Sriharikota, Andhra Pradesh. The EOS-05 satellite was subsequently placed into its designated sub-geosynchronous transfer orbit.

PM Modi praises ISRO’s growing capabilities

In a post on X, PM Modi said the successful mission reflected the excellence, innovation and expanding capabilities of India’s space sector.

He also highlighted the growing partnership between ISRO and Indian industry, saying it was strengthening India’s space programme and expanding capabilities across the wider space ecosystem.

The prime minister described the successful launch of GSLV-F17 carrying EOS-05 as another outstanding achievement by ISRO and a matter of national pride.

EOS-05 strengthens earth observation capabilities

According to the report, EOS-05 is India’s first-ever imaging satellite from geosynchronous orbit. The satellite is designed to provide continuous observation of the country from an altitude of nearly 36,000 km above Earth.

The mission is expected to strengthen India’s earth observation capabilities and support advanced imaging and observation applications.

ISRO Chairman Dr V Narayanan expressed satisfaction with the mission, saying the satellite was precisely injected into its intended orbit.

Mission Director Thomas Kurian described the launch as a significant milestone for the GSLV programme. He said it was the 19th flight of the GSLV and noted that EOS-05 is the heaviest satellite the launch vehicle has placed into a geosynchronous transfer orbit or sub-GTO orbit.

GSLV-F17 launch vehicle details

The GSLV-F17 stands 51.7 metres tall and has an approximate liftoff mass of 420.5 tonnes.

Science and Technology Minister Jitendra Singh also congratulated the ISRO team following the successful mission. He described EOS-05 as a state-of-the-art Earth observation satellite capable of advanced imaging across visible, infrared, multispectral and hyperspectral bands.

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