The judiciary swung into action on Thursday after a chilling video of a vehicle fatally ramming into an Additional District Judge out for a morning jog in Jharkhand surfaced online. Chief Justice of India N.V. Ramana is said to have informed Supreme Court Bar Association president, senior advocate Vikas Singh, that he has already discussed the issue with the Jharkhand Chief Justice. The Jharkhand HC has, in turn, taken cognisance of the video and initiated investigation. As soon as the court started on Thursday, Singh made an urgent oral mention before a Bench of Justices D.Y. Chandrachud and M.R. Shah, saying the alleged murder of Judge Uttam Anand in Dhanbad was a "shocking and brazen attack on the independence of the judiciary". The video, Singh said, showed a vehicle suddenly swerving off the road and slamming into Anand from behind on a lonely stretch of road early on July 28 morning. He was found bleeding on the road and taken to the hospital where he was left unidentified for hours. The police finally traced the body after the family gave a missing person's complaint. His family, who initially thought the cause of death to be a hit-and-run accident, has filed a complaint for murder. Singh said the video footage was evidence and should be taken on record. Justice Chandrachud had advised Singh to make a mention after sending an email to the Chief Justice of India and the Registrar in charge of Mentioning process in the court. "Our judicial officers should be protected. If judiciary has to be independent, we have to come in very sternly," Singh submitted. Justice Chandrachud asked Singh to take up the issue with the Chief Justice of India. "I had then mentioned it before the Chief Justice of India who said he had already talked to the Jharkhand Chief Justice. I was informed that the issue was taken up by the High Court on the judicial side. I am demanding a CBI inquiry into the incident," Singh said. Judge Anand's death comes close on the heels of a July 22 judgment authored by Justice Chandrachud that turned the spotlight on the "appalling work conditions" of the district judiciary. The observations in Justice Chandrachud's judgment concerned an order passed by a trial judge in Madhya Pradesh revealing that he was facing threats in a murder case in which the husband of a BSP MLA was the prime accused. The Supreme Court, in its judgment, had highlighted how "judges are targeted simply for standing up for what is right, and sadly, a subservience to the administration of the High Court for transfers and postings which renders them vulnerable." The Supreme Court had said the "independence of the judiciary is the independence of each and every judge". The judgment had also pointed to a larger malaise of application of political pressure on trial judges. "Judicial independence of the district judiciary is cardinal to the integrity of the entire system. The courts comprised in the district judiciary are the first point of interface with citizens. If the faith of the citizen in the administration of justice has to be preserved, it is to the district judiciary that attention must be focused as well as the 'higher' judiciary," Justice Chandrachud had observed. Meanwhile, two held for the 'killing' of the judge The Jharkhand police on Thursday arrested two persons, including the driver of the autorickshaw that "deliberately" knocked down Uttam Anand, Additional Session Judge of Dhanbad, on Wednesday morning, leading to his death. The incident happened when he was jogging on an empty road about 500 metres away from his official residence. A passer-by took him to a hospital but he was declared brought dead. The judge was hearing two high-profile murder cases and one pertained to illegal coal transportation (theft). Initially, it was thought to be a hit-and-run case. But after the emergence of a close circuit television (CCTV) footage, which has since gone viral, it became clear that the hit was deliberate. The footage shows the autorickshaw suddenly veering towards the judge, who was running along the extreme left side of the road, and hitting him. The footage found resonance in the Supreme Court. The police constituted a special investigation team (SIT) under Dhanbad Superintendent of Police (City) R. Ramkumar to probe the case. Addressing a press conference later in the day, Dhanbad's Senior Superintendent of Police Sanjeev Kumar said, "A case was registered under 302 of the IPC. We analysed CCTV footage that captured the place of the incident. We managed to arrest Lakhan Verma, the autorickshaw driver, and another person, Rahul Verma. The autorickshaw used in the crime was also seized from Girdih district. We are carrying forward the investigation in close coordination between the forensic team and personnel of the crime investigation department". The two arrested persons had previous involvement in some petty theft cases and police stations were alerted to provide more information about them, he stated. Police sources said the autorickshaw was stolen around 2 a.m. and the judge was knocked down at 5 a.m. Its owner had been identified. The Jharkhand High Court has taken suo motu cognisance of the matter. "The incident is condemnable. The government is very sensitive to the issue. What appears from the footage is that it was a case of murder. The police administration took prompt action and picked up two persons. The culprit will not be spared," said Rajiv Ranjan, Jharkhand Advocate General. Health Ministry announces 27% for OBCs, 10% for EWS in All India Quota for UG, PG medical, dental courses The Union Health Ministry has announced 27% reservation for the OBCs (Other Backward Classes) and 10% quota for the Economically Weaker Sections (EWS) in the All India Quota (AIQ) scheme for undergraduate (UG) and postgraduate (PG) medical / dental courses (MBBS / MD / MS / Diploma / BDS / MDS) from 2021-22 onwards. This decision, it said, would benefit every year nearly 1,500 OBC students in MBBS and 2,500 such students in post-graduation, and around 550 EWS students in MBBS and around 1,000 such students in post-graduation. The AIQ was introduced in 1986 under the directions of the Supreme Court to provide for domicile-free merit-based opportunities to students from any State to aspire to study in a medical college located in another State. It comprises 15% of UG seats and 50% of PG seats in government medical colleges. Initially, there was no reservation in the AIQ up to 2007. That year, the Supreme Court introduced the reservation of 15% for SCs and 7.5% for STs in the scheme. When the Central Educational Institutions (Reservation in Admission) Act became effective in 2007, providing for uniform 27% reservation to the OBCs, the same was implemented in all the Central Educational Institutions viz. Safdarjung Hospital, LadyHarding MedicalCollege, Aligarh Muslim University and Banaras Hindu University etc. However, this was not extended to the AIQ seats of State medical and dental colleges. "The OBC students from across the country shall now be able to take the benefit of this reservation in AIQ to compete for seats in any State. Being a Central scheme, the Central List of OBCs shall be used for this reservation. Around 1,500 OBC students in MBBS and 2,500 in postgraduation will be benefited through this reservation," said the Ministry in a release. In the last six years, MBBS seats in the country have increased by 56%, from 54,348 seats in 2014 to 84,649 seats in 2020, and the number of PG seats by 80%, from 30,191seats in 2014 to 54,275 seats in 2020. In the same period, 179 new medical colleges have been established and now the country has 558 (govt 289, pvt. 269) medical colleges. Open letter to CJI seeks moratorium on use of Pegasus The Supreme Court must declare a moratorium on the export, sale, transfer and use of Pegasus spyware in India and investigate the snooping scandal, women's rights activists, human rights defenders and concerned citizens have urged Chief Justice of India (CJI) N.V. Ramana in an open letter to him. "We believe that the Supreme Court can only instill confidence in people's, and particularly women's minds by transparently demanding and making public all answers relating to the use of Pegasus in India. Above all, we look to the Supreme Court to declare a moratorium on the export, sale, transfer and use of Pegasus in India," says the open letter with over 500 signatories, including Ayesha Kidwai, JNU Professor; Romila Thapar, historian; Harsh Mander, human rights activist; Kavita Krishnan, Secretary, All India Progressive Women's Association; Vrinda Grover, senior lawyer; Lillette Dubey, actor & director. The letter also raises the issue of the woman who accused ex- CJI Ranjan Gogoi of sexual harassment being snooped on, as well as 10 mobile numbers linked to her family members being hacked. "If the complainant was under such criminal duress at the time, can the proceedings of the In-House Committee really have been free and fair? The silence of the Supreme Court as an institution on these revelations is deeply troubling for women in India," it states. The letter calls the hacking episode an act of "state-sponsored cyber terrorism," and asserts that the "Pegasus project and information in public domain raises concerns for the integrity of constitutional authorities including the independence of the Supreme Court. The investigation starkly discloses that the rights and freedoms of peoples, of which the Supreme Court is the guardian, are under grave risk". Lok Sabha passes two Bills without debate Amid continuous Opposition protests, the Lok Sabha on Thursday passed two Bills before it was adjourned for the day. The Airports Economic Regulatory Authority of India (AERA) Amendment Bill, 2021, and The Inland Vessels Bill, 2021, were passed in the din without debate. Opposition members kept protesting over the Pegasus issue and the three Central farm laws despite Lok Speaker Om Birla cautioning them that he would be forced to take strict action against those who 'repeatedly disrupt the proceedings'. When the House began at 11 a.m., Birla said he was deeply hurt by the Wednesday incident, when some members tore papers and threw them at the Chair and Treasury benches. "If you don't take care of the parliamentary practices, then how will the parliamentary process strengthen? My endeavour is that all members get adequate time to raise their issues and give them their due respect," he said. "If such incidents are repeated, then I would need your cooperation. I would take stern steps against such members so that we can maintain the dignity of Parliament". When Parliamentary Affairs Minister Pralhad Joshi demanded an apology, Congress leader Adhir Ranjan Chowdhury said Opposition members were not able to put forth their views because of the 'stubborn' attitude of the government. In between the interruptions, Business Advisory Committee members met to discuss the agenda. When the House reconvened at 2 p.m., Dr. Kirit Premjibhai Solanki, who was in the Chair, took up the two Bills. Civil Aviation Minister Jyotiraditya Scindia moved the AERA Amendment Bill for passage after some scathing remarks on the Opposition benches. "During the pandemic, instead of discussion, the House is witnessing sloganeering... We will convert this crisis into an opportunity and provide all possible facilities to farmers and people... Let the people of the country know what great work the Prime Minister is doing and what they [Opposition] are doing," he said. The amendment will allow the Airports Economic Regulatory Authority (AERA) to regulate tariff and other charges for aeronautical services for not just airports with annual passenger traffic of more than 35 lakh but also a group of airports. Once the Bill becomes a law, the government will be able to club profitable and non-profitable airports as a package for privatisation as envisaged in this year's Budget speech. Soon after, Ports and Shipping Minister Sarbananda Sonowal moved the Inland Vessels Bill that seeks to introduce a uniform regulatory framework for navigation across the country and provide a central database for registration of vessels and their crew. Delhi Assembly passes resolution against Rakesh Asthana's appointment as Delhi Police Commissioner; Kejriwal says move against SC order The Delhi Assembly on Thursday passed a resolution urging the Centre to immediately withdraw the appointment of Rakesh Asthana as the Delhi Police commissioner, with the AAP MLAs expressing "reasonable apprehensions" that he will be used to create "a reign of terror" against political rivals in the national capital. Delhi Chief Minister Arvind Kejriwal termed the appointment as against the Supreme Court order and said the Union government should make appointments in accordance with rules. Leader of Opposition Ramvir Singh Bidhuri, however, called Asthana an "honest and decorated" IPS officer who was awarded the President's Police Medal twice. The ruling Aam Aadmi Party (AAP) alleged that the move aimed to "harass" the party leaders. Raising the issue on the first day of Delhi Assembly's Monsoon session, AAP MLA Sanjiv Jha moved a resolution, saying that Asthana's appointment is "unconstitutional". "This House expresses its strong disapproval over the Ministry of Home Affairs (MHA), Government of India, order dated July 27, 2021, appointing Rakesh Asthana to the post of Commissioner of Police, Delhi, for a period of one year or till further orders. "Given the past track record of this officer (Asthana), there is a reasonable apprehension that the central government will use him for foisting false cases on political rivals to create a reign of terror in the national capital," the resolution stated. Speaking to reporters, Kejriwal noted, "I feel the appointment of Rakesh Asthana is against the Supreme Court order. According to reports, he could not become the CBI director as he was ineligible for the post. He is also not eligible for this post (Delhi Police commissioner) for the same reason. The Centre should make the appointment as per rules," he said. The resolution passed by the Delhi Assembly also stated that such a "controversial individual should not be heading the police force in the country's national capital". "The MHA order is in complete violation of the Supreme Court judgement dated March 13, 2019, in clearly laying down that no individual who has less than six months of service left, can be considered for appointment as head of police force anywhere in the country. "Further, the post of Commissioner of Police, Delhi, belongs to the AGMUT IPS cadre. This appointment of a controversial Gujarat-cadre officer, who has faced multiple enquiries on serious charges in the past, will only bring Delhi Police into controversies," read the resolution. The Union government had on Tuesday appointed Asthana as the Delhi Police commissioner, giving him a one-year extension on the new post days before his retirement. Covid Watch: Numbers and Developments The number of reported coronavirus cases from India stood at 3,15,39,165 at the time of publishing this newsletter, with the death toll at 4,22,896. Evening Wrap will return tomorrow. |
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