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Unnao case: CJI Gogoi to take up rape victim’s letter tomorrow; Supreme Court registry under lens again

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Supreme Court

By Rajesh Sinha

The role of Supreme Court registry is under a lens again for failing to put up to Chief Justice of India Ranjan Gogoi a letter from Unnao rape victim apprehending threat to her life.

Learning of the letter from reports, CJI Gogoi, taking suo motu cognisance, said he will hear the matter tomorrow, Thursday, Aug 1. The CJI assured that a judicial order would be passed to ensure the safety and better conditions for the rape survivor, said media reports. 

Calling it a “highly volatile situation”, CJI Gogoi said he was informed about the letter only on Tuesday (July 30). The CJI asked why the court registry had not brought the letter to his attention.

 “The letter has not been placed before me and newspapers flashed that CJI did not act,” Justice Gogoi said.

The letter written on July 12 came to light almost two days after a truck collided with their car on July 28. The collision, which happened near Rae Bareli, claimed the lives of two of the aunts of the victim. One of them was a key witness in the rape case in which the prime accused is a four-time BJP MLA from UP’s Bangermau, Kuldeep Singh Sengar. He was arrested last year in April.

In the letter, the rape survivor’s family complained that they were facing threats and intimidation from henchmen engaged by the accused and pleaded for providing adequate security. The letter stated that it was annexing a video-recording of the criminal intimidation and the photographs of the aggressors.

On Sunday, July 28, a truck rammed into the car in which the rape survivor was travelling near Rae Bareilly, killing her two aunts and leaving her and her lawyer critically injured.

Chief Justice of India Ranjan Gogoi is understood to have sought a report from the Supreme Court registry regarding the delay in forwarding the letter sent by family of Unnao rape survivor seeking protection from threat. 

This is not the first instance of the questions arising about Supreme Court registry’s role. Several other instances were reported this year itself.

Delay in issuing notice on petition by rape survivor’s mother

A report in The Telegraph said that the SC registry had also delayed issuing notice to Kuldeep Singh Sengar in the petition filed by the rape survivor’s mother seeking transfer of trial of the case from Unnao to Delhi citing intimidation from the accused.

The bench of Justices SA Bobde and Abdul Nazeer had issued notices to the CBI and 14 respondents, including the BJP MLA on April 16. In the normal course, the matter ought to have been listed after four or six weeks. But in this case, it had not come up for hearing till date, The Telegraph reported.

The Supreme Court registry staff had not sent copies of the notice issued by the bench in April until June 28, the Telegraph report suggested.

Ideally, the copies should have reached all the respondents by registered post within a week or 10 days.

A report in The Hindustan Times said the notices were sent by the Supreme Court registry only on June 26, over two months after the court order. The report said that according to the mother’s lawyer, RK Reddy, the matter has not been listed since then.

According to an office report of the Supreme Court registry prepared on July 26, four suspects are yet to receive the court notice as the addresses given in the petition are “insufficient,” the HT reported,

None of the respondents, including the CBI, has so far filed any response to the plea to transfer the case, said The Telegraph. Notices could not be served by the registry on two of the accused apparently because their addresses could not be tracked by the postal department.

In the transfer petition, the mother had detailed how her husband died in custody and the relentless threats the family was facing to pressure them to withdraw the allegations against the BJP legislator.

SC decides to depute CBI, police officers to keep tab on wrongdoings in registry

Earlier this month, on July 8, CJI Gogoi, in his administrative capacity as head of the judiciary, taking note of allegations of listing of cases out of turn before various benches of the apex court, decided to appoint senior superintendents of police and superintendents of police from the CBI and Delhi Police to keep a tab on suspect listing of cases and other activities of employees and lawyers.

Also Read: Unnao rape: Murder case against BJP MLA Sengar and others after rape victim’s car crash

Recently, two members of the court staff were dismissed by the chief justice on the allegation of changing an order in a case related to an industrialist.

The apex court has also appointed a one-man enquiry panel after lawyer Utsav Bains made a sensational allegation that middlemen were active in getting cases listed as per their own wishes. The panel is headed by former Supreme Court judge Justice AK Patnaik.

However, just a week after this, another instance cropped up on July 15 and the CJI came down heavily on the Registrar (Listing) over the deletion of a matter against specific directions.

In the morning, an Advocate pointed out that her matter which had been listed for Tuesday after being ‘mentioned’ on Friday happens to have been omitted from the causelist.

Dates for hearing Rafale deal review plea and contempt case against Rahul Gandhi

In May, a Supreme Court bench led by Chief Justice Ranjan Gogoi had deferred a plea seeking review of its December 2018 judgment in the Rafale deal case to May 10 – because the Supreme Court registry had not tagged it along with the hearing on the contempt case against Congress president Rahul Gandhi, as specifically ordered by the court. 

Also Read: Unnao case: CBI books BJP MLA Kuldeep Sengar, 10 others for attempt to murder

The Supreme Court registry had on its own listed it for a separate hearing instead.

On April 30, CJI Gogoi-led bench had dictated its order in open court that the two cases be listed for hearing on Monday, May 6. But in the copy of the order uploaded on the website of the Supreme Court, the two cases were to be listed separately: review petition on May 6 and contempt case on May 10, a day before the court recesses for summer vacation.

Tampering with order to exempt Anil Ambani from personal appearance in Ericsson contempt plea

On January 7, the apex court had turned down a request from industrialist Anil Ambani lawyers seeking exemption from his personal appearance in a contempt plea moved by Ericsson India against him. 

Justice Nariman’s order was: “…personal appearance of the alleged contemnor(s) not dispensed with”.

However, when the order was uploaded on the website it read: “personal appearance of the alleged contemnor(s) dispensed with”.

This had been brought to the Court’s notice by Ericsson counsel and a corrected order was uploaded on the website on January 10.

After a preliminary inquiry, it was found that the omission of the word “not” in the order was not accidental. The two employees found responsible were sacked in an order passed by the CJI.

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Delhi deploys 25,000 personnel, installs CCTV cameras ahead of CJP march

More than 25,000 police and paramilitary personnel have been deployed in Delhi ahead of the CJP’s planned protest march at Connaught Place. Authorities have also imposed restrictions and stepped up CCTV surveillance.

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Delhi has stepped up security ahead of a planned protest march by the Cockroach Janta Party (CJP), with more than 25,000 police and paramilitary personnel deployed and additional surveillance measures introduced in parts of the national capital.

The planned “Lehra Do Tiranga” march is scheduled to take place at Central Park in Connaught Place on Friday, October 16. Authorities have also imposed prohibitory orders in Connaught Place and surrounding areas as part of the security arrangements.

Security tightened across Connaught Place

The security arrangements include the deployment of police and paramilitary personnel, along with the installation of additional CCTV cameras at Central Park and Rajiv Chowk Metro Station.

Prohibitory orders have been imposed under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in Connaught Place and nearby areas. Central Park is also scheduled to remain closed for two days, with authorities advising the public to avoid the area during the arrangements.

A high-level meeting chaired by Delhi Police Commissioner Anurag Kumar, attended by senior police officers, was held on Thursday to review preparations ahead of the planned demonstration.

Why CJP is planning the march

The CJP has called the march to protest the arrest of its leaders Saurav Das and Ashutosh Ranka and to demand the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in voter rolls.

The party’s protest is centred on its allegations concerning the electoral roll revision process. These are the protesters’ claims and should not be treated as independently established findings.

With Jantar Mantar no longer designated as a protest site, Central Park in Connaught Place has emerged as the proposed location for the fresh demonstration. The protest has also received support from the Aam Aadmi Party and the All India Students’ Association, according to the report.

Traders raise concerns over business disruptions

The heightened security measures have also prompted concerns among traders in the area.

Traders at Palika Bazaar have expressed concern about disruptions during the festive season, pointing to losses associated with previous protests. The concerns reflect the potential impact of repeated demonstrations and security restrictions on commercial activity in central Delhi.

Delhi Police has said it will facilitate peaceful demonstrators selectively while maintaining public order and protecting property.

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Mallikarjun Kharge’s ‘Your Friends’ jab at Rahul Gandhi over congress exits

Congress president Mallikarjun Kharge took a dig at Rahul Gandhi after the Leader of the Opposition reportedly described former party leaders Jyotiraditya Scindia and Ghulam Nabi Azad as among those who had left the Congress.

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Congress president Mallikarjun Kharge made a pointed remark about former Congress leaders after Rahul Gandhi reportedly described some of those who left the party as people who had been driven by personal interests or fear. The exchange took place during an informal interaction involving young Congress workers, according to a report published on October 15.

Rahul Gandhi, the Leader of the Opposition in the Lok Sabha, reportedly referred to former Congress leaders Jyotiraditya Scindia and Ghulam Nabi Azad while discussing people who had left the party. Kharge responded with a quip that drew attention to Rahul Gandhi’s earlier association with the leaders.

What Rahul Gandhi said about leaders who left Congress

During the interaction, Rahul Gandhi reportedly said that the Congress was now left with committed workers, describing those who remained in the party as ‘babbar sher’ or lions. He alleged that people who were greedy or afraid had left, citing Scindia and Azad as examples.

His reported remarks referred to people who, he suggested, had left because of the attraction of positions and security or fear of investigative agencies such as the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI).

These were Rahul Gandhi’s political characterisations of the leaders who left the Congress, rather than independently established explanations for their departures.

Kharge’s response to Rahul Gandhi

Reacting to Rahul Gandhi’s account, Kharge remarked, “They were all your friends.”

The comment referred to the association Rahul Gandhi had previously shared with some of the leaders who later left the Congress. Rahul Gandhi responded by saying that his sister, Priyanka Gandhi Vadra, was present and knew that Scindia was not his friend.

He subsequently reflected on the difficulty of identifying friends and opponents in politics, saying that people who appear to be friends may not necessarily be so, and the reverse may also be true.

Why Jyotiraditya Scindia and Ghulam Nabi Azad were mentioned

Jyotiraditya Scindia left the Congress in 2020 and joined the Bharatiya Janata Party (BJP). His departure was followed by a political crisis in Madhya Pradesh that resulted in the fall of the Congress government led by Kamal Nath.

Ghulam Nabi Azad, a veteran Congress leader, resigned from the party in August 2022. In his resignation letter, he criticised Rahul Gandhi’s leadership and the functioning of the party’s internal decision-making process.

Both leaders subsequently became prominent examples in political discussions about senior figures leaving the Congress, although their reasons and circumstances differed.

Rahul Gandhi’s message to young Congress workers

The interaction also focused on protests and political mobilisation. Rahul Gandhi reportedly told young Congress workers that demonstrations and struggles were part of their political training and encouraged them to explore new and creative ways of protesting.

He also suggested holding protests at Jantar Mantar, according to the report.

Congress president Kharge and Priyanka Gandhi Vadra were present during the interaction. Rahul Gandhi also claimed that the government led by Prime Minister Narendra Modi was dependent on the next eight to 10 months, though the report did not establish this as an independently verified assessment.

The exchange between Kharge and Rahul Gandhi offered a glimpse into the Congress leadership’s informal discussions, while bringing the departures of Scindia and Azad back into the political conversation.

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Delhi Police offers 11-person limit for CJP’s Connaught Place protest

Delhi Police has offered to facilitate a group of 11 people at Central Park in Connaught Place for the Cockroach Janata Party’s October 16 protest, while warning that violations of prohibitory orders could invite legal action.

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CJP protest to continue

Delhi Police has proposed allowing a group of 11 people to carry the national flag and sing the national anthem at Central Park in Connaught Place on October 16, ahead of a protest called by the Cockroach Janata Party (CJP) over alleged electoral fraud.

The police said it could facilitate the group at a suitable place in the park, while appealing to the public not to join the proposed gathering in large numbers. The offer comes amid prohibitory orders in Connaught Place and adjoining areas under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

CJP founder Abhijeet Dipke has called on people to assemble at Central Park at 5 pm on Friday with the national flag. The proposed demonstration, named “Lehra Do Tiranga”, follows the detention of CJP members Saurav Das and Ashutosh Ranka during an earlier protest.

Why Delhi Police proposed limiting the gathering

In its statement, Delhi Police cited the prevailing security and law-and-order situation in the area. It also referred to information from the New Delhi Municipal Council (NDMC) that Central Park would remain closed on October 16 and 17 for administrative reasons.

Deputy Commissioner of Police Neha Yadav said the NDMC had informed the police about the closure and had asked that no gathering be allowed near the park.

The police also cited representations from trader and market associations in Connaught Place and surrounding areas. According to the police, the associations had raised concerns about unlawful assemblies and their impact on businesses, particularly during the festive season.

Police warned that violations of Section 163 BNSS would invite appropriate legal action. It also stressed that the national flag must be displayed and carried, and the national anthem sung, in the prescribed manner with due respect and dignity.

Delhi High Court declines to stop CJP protest

The proposed gathering reached the Delhi High Court after a vendor sought intervention over concerns about disruption to businesses and public movement in Connaught Place.

On Thursday, the court declined to restrain the CJP from holding the protest. It recorded the police’s assurance that all possible measures under the law would be taken to regulate the gathering and maintain peace.

The petition was filed by a vendor at Palika Bazar in Connaught Place, who raised concerns about the potential impact of the demonstration on traders and others working in the area.

Additional Solicitor General Chetan Sharma, appearing for the authorities, told the court that steps had already been taken to regulate the proposed protest.

CJP’s protest call follows detention of party members

Dipke’s October 16 protest call follows earlier demonstrations over alleged electoral fraud. CJP members Saurav Das and Ashutosh Ranka are in jail on trespass charges after raising the national flag at Jantar Mantar earlier this week, according to the report.

The party has been protesting over alleged electoral fraud and has raised questions about the Election Commission.

Dipke has urged people to gather at Central Park with the national flag, arguing that raising the Tricolour should not be treated as a crime.

The police’s proposal to facilitate a group of 11 people came as the authorities sought to prevent a larger gathering at the site. The CJP’s response to the police’s offer was still awaited in the report published on October 15.

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