Supreme Court Shows Door To 14 Oppn Parties!

In a historic judicial event of the country the Supreme Court of India very firmly and logically snubbed a congregation of as many as 14 opposition parties and made them to bite dust on April 5.

The case titled, Indian National Congress and others VsUnion of India and others was filed by as many as 14 national and regional parties including the Congress, Socialist Party, Rashtriya Janata Dal, AamAdami Party, both Communist parties, Trinumul Congress, Bharat Rashtra Samiti , Nationalist Congress Party, Shiv Sena (Uddhav) , National Conference etc.

Apparently shaken by the go-ahead fearlessly orders of the prime minister to the ace agency Central Bureau of Investigation these parties in their common petition submitted to the apex court complained against the ruling Bharatiya Janata Party led National Democratic Alliance against the alleged misuse of central agencies such as, the Central Bureau of Investigation and Enforcement Directorate. The main grievance of these parties was that the Union government was selectively targeting their leaders and foisting false cases of corruption, money laundering etc. They therefore, prayed for the clear cut guidelines to govern investigation, arrest and bail. It is pertinent to note that some top leaders of the petitioner parties have already been interrogated, their premises searched, incriminating material seized , criminals arrested or are about to be arrested.

When the matter was called for hearing, the bench comprising Chief Justice of India D.Y Chandrachud and Justice J.B Pardiwala raised the primary issue of maintainability of the petition. The CJI told in the unequivocal terms that the Constitution of India treats all citizens equally. There cannot be separate guidelines for the political leaders. He, however, added that the individual grievances against the CBI-ED, if brought before the court, can be looked into.

After this obiter dicta, as the mind of the Judges was very clear, the Senior Counsel Dr Abhishek Manu Sanghvi withdrew the petition with the permission of the court.

The episode thus ended leaving the 14 parties caucus crestfallen. Had the apex court entertained the joint petition, they would have gone gaga over their initial success and left no stone unturned to tell the world from the rooftop of their offices that the opposition leaders were targeted by the government of the day for harassment and witch hunting. It augurs well that the top court has nailed the mischief in bud.

In fact, the petitioners should be grateful to the apex court which has magnanimously spared them from the imposition of exemplary costs and a hefty fine for such an ill-conceived petition. The whole sordid drama has also brought to the fore that these parties are only concerned about the convenience and well being of their leaders; while people are just taken for granted.

TRUMP, FIRST EX-US PRESIDENT TO FACE CRIMINAL CHARGES

Former President of the United States of America, Donald Trump became the first former US President to have been arrested. However, he has denied all the 34 felony charges. Trump is facing the charges of falsifying business records and illegally paying to porn star Stormy Daniels to keep quiet during his campaign for the US presidential election, among others. Trump is being tried by a Manhattan court.

Paradoxically, recently the US administration reacting to Rahul Gandhi 's allegation that Indian democracy was in danger had commented that the USA was keeping an eye on the developments in India. Now, with the prosecution of Donald Trump, India too, has a reason to retort in the same manner.

CHANGES IN IPC, IEA, CrPC MUTED

Attorney General of India, on record, has informed that the government will bring amendments to the Indian Penal Code, Indian Evidence Act and the Criminal Procedure Code in the next monsoon session of the parliament.

This statement was made by the AGI RVenkataramani on April 6 before a bench headed by the Chief Justice of India which began hearing on an alleged case of discrimination with women as per Section 64 of Cr.PC. The court recorded the submission of the AGI and adjourned the matter to July, 2023.

The government had constituted a five-member expert committee headed by ProfRanbir Singh in March, 2020 which submitted its report in February, 2022.

BOMBAY HC ON MEANING OF GANJA

In a case titled, Ibrahim Khwaja Miya Sayyed @Raju Vs State of Maharashtra, the Bombay High Court has held that the definition of Ganja as per Section 2(iii) (b) of the NDPS Act includes flowering or fruiting of Ganja plant while considering the culpability. It's stalks, leaves and seeds are to be excluded, the court added.

STRIKING KANPUR LAWYERSWARNED BY HC

The lawyers of Kanpur district of Uttar Pradesh who have been boycotting the court work since March 25 have been directed by the Allahabad High Court to end the agitation forthwith otherwise the contempt of court proceedings will be initiated against them.

A seven-judge bench headed by the Chief Justice also cited the Supreme Court judgements which clearly state that the advocates have no right to boycott the courts or strike legal work.

NOOSE TIGHTENS ON UNRULY SOCIAL MEDIA

The union government on April 6 amended the Information Technology Rules with a view to curb fake news.

According to the amendment the IT ministry will, through a committee, monitor social platforms such as Twitter, Facebook, You tube etc; and in case any misinformation with regard to any business of the government is found circulating, it would bring to the notice of concerned social media for necessary action.

This move will obviously help to control the mischievous elements who by uploading fake information create çonfusion, misunderstanding and sometimes even tensions in the society.

Editors Guild of India and some other NGOs have condemned the amendment alleging that the freedom of expression will be jeopardized.