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New Delhi (ILNS): A writ petition has been filed by Congress Leader and former Chief Minister of Madhya Pradesh Kamal Nath before the Supreme Court challenging the order of the Election Commission of India, delisting him as  star pracharak  of his party, alleging it as illegal and in violation of his and INC’s Constitutional & statutory rights. Kamal Nath has challenged the Order of Oct 30, of the Election Commission whereby his name was removed from the list of ‘star campaigners’ of the Indian National Congress on the ground of repeated violation of Model Code of Conduct and advisories of the ECI. He submits that the impugned Order is illegal, arbitrary, unreasoned, passed in complete violation of basic canons of natural justice and in negation of fairplay and therefore, deserves to be quashed. Further, no notice has been issued to him with regard to the impugned Order in complete violation of principles of natural injustice. He further submits, the impugned order is completely

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New Delhi (ILNS): The Supreme Court will on Monday a plea by Saritha S. Nair against the rejection of her Election Petition by the Kerala High Court, to set aside Rahul Gandhi’s election in Wayanad. A bench headed by the Chief Justice S. A. Bobde, and Justices A. S. Bopanna & V. Ramasubramanian will hear the matter filed by an accused in the Solar Scam against the election of Congress leader Rahul Gandhi from Wayanad Lok Sabha constituency. The Kerala High Court had rejected her Election Petition last year in October, stating that the Returning officer has rightly disqualified her from contesting the election from the Wayanad Parliamentary constituency as well as the Ernakulam Parliamentary constituency, in accordance with Article 102 of the Constitution of India, dealing with disqualification for membership. As per section 8 (3) of the Representation of Peoples Act, the returning officer can reject the nomination of a candidate if he or she is punished in any criminal case fo

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By Inderjit Badhwar   In an extraordinarily timely story, this week’s India Legal returns once again to the subject of criminals in politics. This subject has been discussed ad nauseam for decades. Recommendations are made, detailed reports such as that of the NN Vohra Committee are circulated and legislative remedies are proposed to ensure that people with criminal records and backgrounds are kept out of the nation’s electoral politics, but the more things appear to change, the more they remain the same. After the tut-tutting and hand-wringing cease, it’s back to familiar turf. Nothing illustrates this point better than the fact that despite the Supreme Court order on criminal candidates, Bihar’s Phase 1 elections on October 28 alone saw 328 candidates contesting with tainted, murky records. Despite the new election protocols dictated by the coronavirus pandemic, Bihar’s “notorious and perennial problem of legislators with criminal records continues”, writes correspondent Sambhav

New Delhi (ILNS): Taslima Nasreen, Bangladeshi (now Swedish) writer, in exile in India, is in a spot of trouble after she tweeted ‘boycott Islam’, following the terror attacks and beheadings in France. Indian activist Saket Gokhale did not like her tweet and has complained to the visa section of the home ministry and the Foreigners Regional Registration Office (FRRO), saying that this was an attempt to spread communal disharmony. Saying that this “will not be tolerated”, Gokhale added that such actions were not acceptable in “our country.” His ire was that Nasreen was allegedly carrying out political activities while she was in this country as a guest. The immediate reason for his outburst is a bit vague, but Gokhale is screaming that “A Swedish national spreading communal hate speech in India will NOT be tolerated.” In France, so far three people have been killed and several others injured in attacks inside a church. The post Now Saket Gokhale in India does not like Swedish Taslim

New Delhi (ILNS): The Himachal Pradesh High Court, while dealing with an anticipatory bail application filed by a proclaimed offender in a rape case, has held that Section 82 of the Criminal Procedure Code (CrPC) neither creates any riders nor imposes any restrictions in the filing of anticipatory bails by proclaimed offenders.  While granting the anticipatory bail to the Petitioner, Justice Anoop Chitkara observed: “While deciding bail Applications, the Courts should discuss evidence relevant only for determining bail. The difference in the order of bail and the final judgment is similar to a sketch and a painting. However, some sketches are in detail and paintings with a few strokes.” “The petitioner shall neither stare, stalk, make any gestures, remarks, call, contact, message the victim, either physically, or through phone call or any other social media, nor roam around the victim’s home. The petitioner shall not contact the victim,” the Court imposed as one of the conditions whi

A survey on Covid’s impact on informal workers has found that unemployment is still considerably high and that quality jobs in urban areas have disappeared, while there is underemployment in rural India. By Rahul Suresh Sapkal Four months into the unlocking phase there is still no speedy economic recovery. Although many units in the manufacturing and service sectors have resumed work in urban areas, the performance is much lower than expected. Rural India, once considered a safe haven, has also been hit hard, showing a slow recovery rate. Around 12 states resorted to partial lockdowns in July and August due to the sudden increase in Covid-19 cases. This halted the recovery period and had an undesired impact on large conglomerations. As part of its longitudinal study on the impact of Covid-19 on informal workers, ActionAid Association (2020) conducted a national survey across 23 states and five Union Territories during the lockdown and unlock phases. According to the findings, only

New Delhi (ILNS): A plea has been filed in the Supreme Court challenging the validity of Sections 2, 3, 4 of the Places of Worship (Special Provisions) Act 1991, contending that they not only offend Articles 14, 15, 21, 25, 26, 29, but also violate the principles of secularism, which is an integral part of the Preamble and the basic structure of the Constitution. The petition has been filed by Advocate Ashwini Kumar Upadhyay who has submitted that the Places of Worship (Special Provisions) Act 1991, has created an arbitrary irrational retrospective cutoff date, according to which “the character of places of worship-pilgrimage shall be maintained as it was on 15.8.1947 and no suit or proceeding shall lie in Court in respect of disputes against encroachment done by fundamentalist barbaric invaders and law breakers and such proceeding shall stand abated. If suit/ appeal/ proceeding filed on ground that conversion of place of worship and pilgrimage has taken place after 15.8.1947 and befo

New Delhi (ILNS): The Supreme Court has reiterated that all the courts in India are bound by the judgments given by the Supreme Court of India. The bench of Justice R. F. Nariman passed this observation, while considering an SLP filed against a Madhya Pradesh High Court judgment in a land acquisition matter. It was argued in the petition that the Madhya Pradesh High Court has followed the judgment given by the apex court in the case of Gurpreet Singh v UOI. “We make it clear that this apprehension is totally without basis for the reason that all the courts in this country, including the Executive Courts are bound by the judgments of the apex court,” the judge said. He made it clear that this wasn’t a new phenomenon put in place by the apex court. “It was just provided in our Constitution itself,” he said. Article 141 of the Constitution of India itself provides that the law declared by the Supreme Court shall be binding on all courts within the territory of India. Read the order he

New Delhi (ILNS): YouTuber Vijay P. Nair had moved to the Kerala High Court challenging the anticipatory bail applications of Bhagyalakshmi, Diya Sana and Sreelakshmi Arakkal. The two who had alleged assailed Nair for his objectionable remarks against women in his videos, has had a case filed against them and they had moved the high court for advance bail. In Nair’s intervention application he has alleged that the beating by Bhagyalakshmi and her gang in the room should be considered as a mob attack. “The group came to my room without permission. They pushed me away and went inside. Their purpose was theft. Someone was not wearing a mask. Mike was devastated. They have no right to take the law into their own hands. They could have approached the court if they wanted. He had no idea they were coming. The invitation is wrong,” said Vijay P Nair. “When they beat me, I did nothing in return. They have no remorse. It is still possible to commit a similar crime. Giving bail to the accused

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By Kenneth Tiven in USA Friday night was the Halloween holiday in the USA but the sounds of costumed children asking “trick or treat” for candy treats from neighbours was rare because of the pandemic concerns of most parents. Candidates seeking the last remaining votes were more voluble than usual with some campaign statements closer to trick than truth. President Donald Trump has a well-documented disregard for truth when he speaks, especially at campaign rallies. Nevertheless, it was shocking at a Michigan event when he said, “Our doctors get more money if someone dies from Covid,” and so “when in doubt choose Covid.”  He was suggesting that this explained the Covid-19 statistics. “Our doctors are smart people, so what they do is say ‘I’m sorry but, you know, everybody dies of Covid,’” Trump continued, asserting that each coronavirus death was worth “like $2,000 more” without providing further details. It was an incredulous statement, except, for the Republican candidate, it fits n

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New Delhi (ILNS): Jailed Maoist leader Roopesh, accused in 39 cases, got permission to use the internet for 45 minutes in a week to access the official websites of the Supreme Court and High Courts and various legal journals for conducting his trial. Additional Sessions Judge P. Krishna Kumar said that this facility will be available to Roopesh, who is conducting his cases himself as party-in-person in most of the cases, till the jail authorities provide him software-based law journals. Moving his petition, the activist sought to get limited and indirect access to the internet for collecting legal materials such as judgments of the constitutional courts and various statutes. He submitted that most of the cases against him had matured for trial and the access to judgments and various statutory provisions was indispensable. He has submitted before the court that being an under-trial prisoner, he was entitled to access internet, though in controlled manner. He submitted that such facil

After the Bombay High Court pulled up the media for being highly polarised in its coverage of the Rajput case, the News Broadcasting Standards Authority directed four channels to air their apologies. By Abhilash Kumar Singh The right to fair trial and investigation is part of Articles 14 and 21 of the Constitution of India and every citizen enjoys these rights. But these rights are usually hampered now by media trials. It is the basic principle of criminal jurisprudence that “every accused is presumed to be innocent unless the guilt is proved”. However, due to the media trial, the accused person against whom a matter is pending is labelled a criminal even before the final verdict of the court. This leads to his mental suffering and image assassination. The most recent case was the sensational death of actor Sushant Singh Rajput wherein it was alleged by the media that the investigating agency mishandled this case of unnatural death. The media aired the entire story in a manner that

Mumbai (ILNS): The Bombay High Court has praised Mumbai Police, saying that in the midst of the Corona crisis, the police are performing duties while combating all the hurdles, so cooperation is also expected from the common people.   The division bench of Justice S S Shinde and Justice M S Karnik said this during the hearing on a petition filed by Sunaina Holey, a resident of Navi Mumbai, seeking the quashing of FIRs against her and for interim protection against arrest.  Holey is accused of making objectionable remarks on social media against Chief Minister Uddhav Thackeray and his son Aditya Thackeray. Police have registered a criminal case against her on charges of spreading disharmony in society.  During the hearing the bench said that the Mumbai Police was continuously doing duty for 12 hours between the corona crisis and the lockdown. Meanwhile, they also have to see the processions and arrangements related to the front. In such a situation, cooperation from common people is

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New Delhi (ILNS): The Bombay High Court has extended the tenure of its interim orders relating to a stay on eviction, demolition and dispossession till December 22 in Maharashtra and Goa. This order is also extended for all such orders passed by the subordinate Courts. The order was passed to ensure that persons at the receiving end of orders of dispossession, demolition, eviction, etc., passed by public authorities, are not inconvenienced by their inability to approach courts. A four-judge division bench headed by Chief Justice Dipankar Datta along with Justices A.A. Sayed, S.S. Shinde, and K.K. Tated was hearing a Suo Moto petition. The Court observed: “To ensure that persons suffering orders of dispossession, demolition, eviction, etc., passed by public authorities are not inconvenienced by reason of disability to approach the courts of law because of the restrictions as to movements imposed by the State Government as well as the requirement to maintain social distancing norms, w

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New Delhi (ILNS): The Supreme Court has stayed the Delhi High Court order directing more than 2,300 under-trials to surrender, after the Delhi High Court ended the arrangement by which interim bail of prisoners was automatically extended to prevent overcrowding of prisons during the Covid-19 pandemic. The high court had directed 2,318 under-trials involved in heinous offences to surrender in a phased manner latest by November 13. A bench of Justices L. Nageswara Rao, Hemant Gupta and Ajay Rastogi issued notice to the Delhi government and others on a petition challenging the High Court order and sought reply. The apex court was hearing an appeal filed by the National Forum for Prison Reforms (NFPR) against the Delhi High Court order. The High Court had ordered that its order to grant bail before the lockdown and during this period would not remain in effect after October 31. Senior Counsel Colin Gonzalves and Ajay Verma appeared on behalf of the petitioner in the case. In its pe

There has been much debate about the pros and cons of the therapy and trials have shown that it improves symptoms like difficulty in breathing and fatigue. But the decision is best left to the physician. By Dr KK Aggarwal The severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), which causes Covid-19, is proving to be a mysterious virus even though knowledge about the disease is evolving every day. Accordingly, the guidelines for the management of patients are developed and regularly updated, based on the latest research. This has created several challenges, one being the discrepancy between trial findings and their clinical application. There were no specific drugs for the treatment of Covid-19 till now and drugs were being repurposed as potential treatment for the disease. However, the multi-country Solidarity Therapeutic Trial, spearheaded by WHO, found that remdesivir had no effect on mortality in hospitalised patients with Covid-19. The other drugs tested alongside were

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New Delhi (ILNS): A Mumbai Court has granted bail to the owner of the Fakt Marathi channel, Shirish Pattanshetty, arrested in the alleged fake TRP case. Mumbai’s Additional Sessions Judge PR Sitre has granted bail to Pattanshetty on a bond of Rs 50,000. Pattanshetty’s lawyer Aniket Nikam argued in the court that his client did not manipulate the TRP nor did it increase the TRP of the Marathi channel. He said that the revenue of the channel also did not increase during the relevant period. He alleged that his client was implicated in ‘retaliation’ action. Nikam said that interrogation of Pattanshetty from detention yielded nothing and further detention would serve no purpose. It is known that Pattanshetty was arrested in the past. The Broadcast Audience Research Council (BARC), through the Hansa Research Group, had complained to the Mumbai Police that some channels were manipulating the TRP to attract advertisers. It was alleged that people who have meters installed to collect viewer

The interim relief granted by the Singapore International Arbitration Centre to Amazon with regard to a Rs 24,713-crore deal between Future Group and RIL is likely to be challenged. By Shaheen Parween According to reports, Kishore Biyani’s Future Group has hinted that it may challenge the Singapore International Arbitration Centre’s (SIAC) award which hindered its Rs 24,713-crore deal with billionaire Mukesh Ambani’s Reliance Industries Ltd (RIL). Granting interim relief to global e-commerce giant Amazon Inc, SIAC recently restrained Future Group from entering into a deal with RIL to sell its retail, wholesale, logistics and warehousing units to Reliance Retail and Fashion Lifestyle Ltd (RRFLL). The order was passed by VK Rajah, former Attorney General of Singapore, on a plea by Amazon invoking Rule 30 of the Singapore International Arbitration Centre Rules, 2016, seeking interim and emergency relief against the agreement. The award restrained Future Group from proceeding with the

New Delhi (ILNS): In connection with the arrest of Bineesh Kodiyeri, son of Kerala CPI (M) leader Kodiyeri Balakrishnan, the Enforcement Directorate (ED) has alleged that the former credited “huge amount of unaccounted funds” into the bank accounts of a drug peddler. The agency has alleged that the “drug peddler” in this case, Mohammed Anoop, was a ‘benamidar’ of Bineesh. Yesterday, ED had arrested Bineesh Kodiyeri under relevant sections of the Prevention of Money Laundering Act (PMLA) case related to drugs seizure. The agency later produced him before a local court which had sent him to ED custody till November 2. Benamidar is a person in whose name the benami property is held or transferred, and a beneficial owner of the person for whose benefit the property is being held by the benamidar. Reportedly, the central probe agency had thrice questioned Bineesh Kodiyeri about his alleged links with an accused, M Anoop, was arrested by the ED on October 17 in this case.  The post CP

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New Delhi (ILNS): The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) to pay the arrears to its physically challenged employees in two instalments for the days they failed to report to work during the lockdown. The court also directed the corporation that the monetary benefits that each physically disabled employee is entitled to shall be calculated and released in their favour in two equal monthly instalments as early as possible. Further clarifying, it said: “The first of which should reach them before Diwali and the second within 45 days of payment of the first instalment.” The divisional bench of Chief Justice Dipankar Datta and Justice Girish Kulkarni allowed a petition filed by the National Association of Blind through advocate Uday Warunjikar, highlighting the inhuman face of the BMC over the issue of exempting its differently-abled workers. The counsel for the  petitioner claimed that the effect of the impugned notification dated May 26, 2020 issu

By Kenneth Tiven in USA More than four days before the actual election date, the early voting and mail-in ballots have surpassed more than 50% of all the votes cast in 2016. The exact number is difficult to calculate because mail-in ballots are at unusual levels because of the pandemic impact on behaviour. And 50 states track this early voting in various ways before the final count. It simply never mattered before 2020. Republicans, already worried about President Donald Trump’s re-election, understand that the turnout of voters under age 27 is unprecedented and assume it breaks heavily Democratic. Concurrently, Covid-19 infections are spiking just as the Administration declares victory in the war against the virus.  The GOP leadership, which has for months organised lawyers and legal rationales, moved quickly to the Supreme Court seeking expedited review as states have added days for counting all the mailed paper ballots.  In a decision involving North Carolina, the Justices voted 5