High time to impose national Emergency!

Considering the rapidly increasing cases of Covid-19 in the country, it would not be wrong to conclude that lifting restrictions imposed during the lockdown period has utterly failed.

Despite the best efforts of the Union government and the States, coronavirus has been wreaking havoc with the lives across the country.

Meanwhile, it is sad to see that the blame-game has been resorted to by both the Central government as well as some of the State governments holding the other side responsible for the spread of pandemic.

It is high time that in the interest of humanity, politicians of all hues burry their differences and give a befitting fight to the deadly Covid-19. Further, the government is duty-bound to protect the lives of the people.

If the wisdom does not dawn albeit belatedly, even now, on the politicians, the death toll will be of a frightening measure. True, the economy is affected throughout the world including India, much the damage caused by it is still retrievable.

On the other hand, the loss of lives is irretrievable and therefore, every care has to be taken to ensure that COVID-19 sting remains within bearable limits until its cure or vaccine is developed and made available to people.

Needless to say that seen in this perspective, everything else such as opening of shops and malls, restaurants, cinema halls, courts, parks, re-starting train and plane services etc. can wait because nothing is more precious than life.

The imposition of Emergency becomes all the way more important because the experience of Unlock-1 period has not been good. By and large, the people have neglected 3 most important basic norms to keep the pandemic at bay, namely sanitization, social distancing and wearing mask while out of their homes.

Therefore, let the governments be not in a hurry to normalise working of the nation as was before the onset of Covid-19. The Constitution of India grants ample powers to the President of India, especially under Articles 352, 355, 359, 360, 366 etc besides the Epidemic Diseases Act.

However, if there are any legal irritants for the imposition of nation-wide Emergency, the same may be overcome with the promulgation of an ordinance for which the people of the country will extend their support wholeheartedly.

♦ NI Act to be decriminalised ?

If the reports that doing rounds are to be believed, the government is contemplating to decriminalise the Negotiable Instruments Act (NI Act), along with other statutes, as a step forward to ensure the 'ease of doing business'.

If this step is materialised, it would certainly result into adding financial vows to the small and marginal traders who being the suppliers are habitually taken for a ride by the big industrial houses who cunningly issue the post-dated cheques after making them wait for a long periods, subsequently, only to bounce.

Thus, the umpteen number of helpless suppliers are left in lurch for they cannot fight the long battles in the regular civil courts wasting their limited resources. In fact, when the NI Act was passed this was one of the compelling reasons.

It seems the government is considering to remove the provision of jail-term while making monetary penalty harsher, but this is not enough as it cannot act as a deterrent to the filthily rich businessmen and industrialists. It is only the fear of imprisonment that brings the defaulter-drawer of a cheque to heels.

Therefore, in the interest of millions of small and medium suppliers of factory inputs, the government will do well to drop the idea of decriminalising the NI Act, otherwise, which would be a retrograde step.

♦ Delhi HC on Sections 306 and 308 of Cr.P.C

The Delhi High Court on June 8, has interpreted the relationship between Sec. 306 and 308 of Cr.P.C. The Court observed that the condition for disclosing 'true and full' statements by the accused only applies to the proceedings before the Court under Sec. 306 but not before the Police during the investigation, in order to grant pardon.

On this ground, Justice C Hari Shankar dismissed a plea of Enforcement Directorate seeking revocation of pardon granted to Ranjit Saxena, one of the accused in the VVIP Chopper Scam case.

The Court held that "Non- Cooperation, during investigation, is not one of the circumstances contemplated, by Section 308(1), as justifying issuance of certificate by the Public Prosecutor."

♦ SC not in favour of regular hearings

A seven Judge committee of the Supreme Court has deferred the matter of opening the apex court for regular hearings to this month-end.

The committee decided that "this is a serious situation and infection is spreading and chances cannot be taken". Ironically, some High Courts including the High Court of Telangana have taken exactly an opposite view and ordered the functioning of subordinate courts(with a few exceptions) and Tribunals with effect from June 15.

Needless to say that the severity of Covid-19 pandemic in Telangana too is more or less the same as in New Delhi where the apex court is situated.

♦ Gujarat HC slaps contempt notice on GHCAA chief

The Gujarat High Court on June 9, issued criminal contempt notice to the president of the Gujarat High Court Advocates Association'(GHCAA), Yatin Oza, for making "scurrilous remarks" against the High Court and its Registry.

Justice Sonia Gokani and Jutice N.V.Anjaria after taking sue motto cognizance said "as the Bar president has by his scandalous expressions and indiscriminate as well as baseless utterances has attempted to cause serious damage to the prestige and majesty of the High Court and thereby of independent judiciary as also attempted to lower the image of entire administration and also created demoralising effect amongst the administrative wing.

This Court in exercise of powers conferred under Article 215 of the Constitution of India, prima fascia finds him responsible for committing the criminal contempt of this court within the meaning of Sec. 2(c) of the Contempt of Courts Act and takes cognizance of such criminal contempt against him under Sec. 15 of the said Act."

Yatin Oza during his recently held live press conference on Facebook had leveled serious allegations against the High Court and its Registry including those of corrupt practices being adopted by the Registry, undue favour shown to high-profile industrialists, smugglers and traitors, attributing the Court's functioning to influential and rich people and their advocates, alleging that billionaires walk away with orders from the High Court just in two days whereas the poor and non-VIPs suffered etc.

Oza claimed that he had received over one hundred messages from advocates whose matters filed several weeks and even months back had not come up for hearing.

♦ SC judge bereaved

Ms.Bapsi Nariman, mother of Supreme Court Judge, Rohinton Nariman and wife of the legal luminary Fali S Nariman passed away on June 9 in New Delhi. She was 89.

Considering the present pandemic situation only 20 people as per government regulations attended her funeral.

♦ Pak and SA apex courts on Covid-19

Belatedly though the apex courts of Pakistan as well as South Africa have expressed their concern for their people in the pandemic circumstances of Covid-19.

While Pakistan Supreme Court by an order dated June 8, called upon the State to enact necessary laws at national level for the safety and protection of the people in general and those working in health services and in the field of public health in particular, the Supreme Court Chief Justice Gulzar Ahmed sitting with other 3 judges by an order dated June 8, also directed the government to take immediate steps for getting rid of the menace of locusts.

Similarly, the High Court of South Africa (Gauten Division, Pretoria), in its judgment dated June 2, called upon the government to maintain balance between the national interests and citizens' rights while initiating any legislation to fight Covid-19 pandemic.