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Two Delhi ministers, including the then Deputy Chief Minister Manish Sisodia, are in jail courtesy the Enforcement Directorate in the alleged liquor scam for which the agency has not produced a shred of evidence. Several Congressmen in Maharashtra, West Bengal, Karnataka, Jharkhand and Andhra Pradesh, etc, have changed sides fearing ED raids and exposure, but there is one state and its Congress leadership targeted by the ED for the past two years which has remained steadfastly beyond its tentacles. Chhattisgarh and its chief minister Bhupesh Baghel are living examples of how to beat the ED and still manage to win

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Bupesh Baghel

By Neeraj Mishra

There is more than meets the eye in the failure of searches and seizures in the Rs 2,000 crore liquor scam (Delhi in comparison is a mere Rs 100 crore) and alleged mining scam in Chhattisgarh. The Enforcement Directorate and Income Tax department have been operating relentlessly in the state for the past two years with the prime target being Bhupesh Baghel, euphemistically mentioned as “highest political authority” in its chargesheets. But till date, not only have the two government agencies miserably failed despite attaching properties worth over Rs 1,200 crore, but are now actually scraping the bottom of the barrel arresting and invading minor rice millers.

The major accused have all got bail or prevention from arrest orders from the Supreme Court unlike Delhi ministers. Anwar Dhebar, an alleged kingpin in the excise and mining game and alleged money bag of Baghel, first obtained bail from the High Court and then got it confirmed from the Supreme Court. Anil Tuteja, now a retired IAS officer, could never be arrested despite several raids and he finally obtained a prevention from arrest orders, somehow akin to anticipatory bail. The ED raids had begun with much fanfare early in 2022, with the mining department as the main target. Mining Director Bishnoi, IAS, was arrested and is still behind bars. Then several small fry in the mining department were raided and arrested, but nothing led to Baghel. Finally Ranu Sahu, IAS, was also arrested and is still in jail.

Meanwhile, businessman Surya Tiwari and Baghel’s OSD Saumya Chaurasia were also picked up with allegations that they were close to Baghel and had some unexplained cash and properties. Later, several liquor barons and dealers were raided and arrested, but nothing came of it. This whole drama kept playing out over months with much fanfare. The local BJP kept praying that ED and IT will manage something that they have not been able to dislodge Baghel from his chair.

After almost a year it turned out in Tuteja’s case in the Supreme Court that the ED did not even have the basic legal rights to proceed in the excise case. For the ED to jump into any case with its PMLA, there has to be a predicate offence or a case registered in a thana or a court under relevant sections of the IPC. It had been proceeding on the basis of information provided by the IT department about some WhatsApp conversations between the accused. The Supreme Court dismissed the case though some accused continue to be in custody due to other charges. After the Supreme Court’s judgment, the ED rapidly registered a case of fraudulent 3D stickers provided to the Excise department by a Noida manufacturer in which it named amongst others, Tuteja, excise commissioner and some bottlers. The proceeds of fake liquor bottles sold as excise paid liquor was frowned upon by the Supreme Court as an afterthought. Though the Supreme Court itself is still lingering over the case as it has been for the past two years under three different chief justices.

What is most mysterious, however, is the ease with which Baghel and company have got away so far in the current atmosphere of raids and counter allegations. There are two logical conclusions that come to mind. First, all accused have stood by Baghel and have refused to name him as a collaborator or recipient of benefits under either the excise or mining scams. It shows how he has built loyalty over his tenure. He has also steadfastly refused to order enquiries against all the officers arrested by the ED though they have been suspended under the DOPT rules. The second theory is that Baghel has some backers with the BJP system and despite Amit Shah’s obvious dislike for him, he has continued to thrive.

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Delhi Assembly elections: BJP promises free education and student aid, AAP raises concerns

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Arvind Kejriwal addressing media after writing to RSS chief Mohan Bhagwat on BJP’s alleged electoral misconduct

As Delhi gears up for the upcoming assembly elections on February 5, the Bharatiya Janata Party (BJP) released the second installment of its election manifesto, promising comprehensive solutions to citizen issues and tackling misgovernance and corruption allegations against the incumbent Aam Aadmi Party (AAP).

The manifesto, dubbed ‘sankalp patra,’ includes significant pledges such as free education from pre-school to postgraduate levels for needy students at government institutions, and a financial package comprising Rs 15,000 and travel reimbursements for young individuals taking entrance exams. Scheduled Caste students enrolled in technical and professional courses are also promised a monthly stipend of Rs 1,000.

Building on their first manifesto which targeted women voters, the BJP’s latest promises focus on the youth, with over 1.5 lakh set to benefit from a new skills training program. This release follows criticisms by AAP of the BJP’s approach, especially after the tragic incident last July where three civil service aspirants lost their lives due to flooding.

Anurag Thakur, former Union Minister, emphasized the ‘Modi ki guarantee’ assurance, stating these initiatives would be implemented swiftly if the BJP is elected. The manifesto also includes welfare measures for domestic workers and insurance schemes for auto-rickshaw and taxi drivers, who have traditionally been a strong support base for AAP.

In response, AAP leader Arvind Kejriwal critiqued the BJP’s plans, particularly highlighting a clause that, according to him, would limit free education to only “eligible” children, deviating from AAP’s policy of universal free education. Kejriwal also recalled BJP’s earlier statement on discontinuing free healthcare, framing these promises as a threat to the financial stability of Delhi’s households.

The AAP’s counter-campaign warns voters that electing BJP could lead to increased living costs and bureaucratic hurdles in accessing education and healthcare, urging the electorate to consider these factors carefully. With the election results due on February 8, both parties continue to vie for public favor through promises aimed at key demographics.

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Uttarakhand State cabinet approves uniform civil code manual, dates for rollout soon

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Pushkar Singh Dhami

In a significant step toward legal reform, the Uttarakhand Cabinet, led by Chief Minister Pushkar Singh Dhami, has approved the manual for the implementation of the Uniform Civil Code (UCC). The approval came during a Cabinet meeting held at the state secretariat on Monday. The dates for the rollout of the UCC will be announced soon.

This decision follows partial amendments made to the rules previously drafted for the UCC’s implementation. The amendments were thoroughly examined and finalised with input from the Law Department, with the Cabinet’s discussion focusing on the smooth execution of the law.

Post-meeting, Chief Minister Dhami expressed his satisfaction with the progress, underlining the government’s commitment to fulfilling a key electoral promise. “We had assured the people of Uttarakhand during the 2022 elections that the UCC would be implemented promptly once our government came to power. With the draft committee’s work complete, we are now closer to fulfilling that promise,” Dhami stated.

Uttarakhand’s implementation of the UCC will make it the first state in India to adopt a comprehensive civil law framework for all religious communities. The UCC aims to standardize laws in areas such as marriage, divorce, inheritance, adoption, and maintenance. While India already has a Uniform Criminal Code, a unified civil law has not existed until now.

The UCC will explicitly exclude tribal communities and prohibit practices such as ‘halala’, ‘iddat’, and ‘talaq’, which are part of Muslim Personal Law. The law itself consists of 392 sections and is divided into seven schedules. The comprehensive 750-page draft, which spans four volumes, was prepared by a five-member expert committee formed in June 2022 to examine the feasibility of introducing the UCC in Uttarakhand.

Led by Retired Justice Ranjana Prakash Desai, the committee submitted the final draft to the state government on February 2, 2024. The draft received approval from the state Cabinet on February 4, followed by ratification by the state Assembly during a special session. Governor Lt. Gen Gurmit Singh (Retd) gave the green light on February 28, marking the UCC’s passage into law, a move hailed as a historic milestone in Indian legal history.

While the implementation dates are yet to be finalized, the Cabinet’s approval signals that Uttarakhand is poised to set a significant legal precedent in India.

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Supreme Court grants interim relief to Rahul Gandhi in defamation case over remarks against Amit Shah

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Rahul Gandhi talking to a family of a patient outside AIIMS during a cold night.

In a significant legal development, the Supreme Court of India has granted interim relief to Congress leader Rahul Gandhi by staying the defamation proceedings against him in a Jharkhand court. The case, which dates back to 2018, revolves around allegedly derogatory remarks made by Gandhi about Union Minister Amit Shah, who was then serving as the president of the Bharatiya Janata Party (BJP).

A bench comprising Justices Vikram Nath and Sandeep Mehta passed the order while hearing a petition filed by Gandhi seeking to quash the defamation case. The court has issued notices to both the Jharkhand government and Naveen Jha, a BJP worker who had filed the complaint, directing them to submit their responses within four weeks.

In his arguments, Senior Advocate Dr. Abhishek Manu Singhvi, representing Rahul Gandhi, pointed out previous rulings where it was made clear that only the aggrieved party can file a criminal defamation complaint. Singhvi argued that the complaint, in this case, had been filed by a proxy third party and thus should not be entertained.

The defamation case against Gandhi had been under trial in the MP/MLA court in Chaibasa, Jharkhand. In February of the previous year, the lower court had issued a non-bailable warrant for his appearance after he failed to attend hearings. Despite Gandhi’s request for exemption from physical appearance, the court had refused to provide relief, prompting him to approach the Jharkhand High Court. However, the high court had declined to interfere in the matter, leaving Gandhi with no option but to challenge the case in the Supreme Court.

The top court’s intervention has now provided a temporary reprieve to Gandhi, with the matter scheduled to be taken up for further hearing in six weeks. This development marks an important chapter in the ongoing legal battle involving the Congress leader and the BJP.

As the case progresses, the outcome could have significant implications not only for Rahul Gandhi but also for the broader political landscape in the country, as defamation lawsuits continue to be a contentious issue in Indian politics.

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