National
Arvind Kejriwal arrest: Why shouldn’t a lawmaker face action similar to public servants in custody?
New Delhi, March 26 (IANS) Whether Delhi Chief Minister Arvind Kejriwal – who issued two orders from the Enforcement Directorate’s custody over water and sewage issues in the national capital – is legally entitled to pass such orders or should he be debarred from holding the office like a public servant?
After his arrest, the Delhi Chief Minister first issued an order to Water Minister Atishi from the custody of the ED on Sunday, another directive was issued on Tuesday to the Health Department on the smooth functioning of the AAP’s flagship Mohalla Clinics.
When AAP sources claim that the Chief Minister will continue to operate the government from jail, the two orders raise a significant question of constitutional morality. Undoubtedly, running a government from inside jail is bound to face logistical hurdles and functional limitations, particularly when the Chief Minister has to follow jail norms and would need prior approval from the court every time for the meetings, to sign the files, etc.
Why not a lawmaker get sacked automatically, if he or she is in judicial custody like an IAS officer or a court staffer is arrested and put in judicial custody for over 48 hours, then they are suspended?
The Supreme Court in 2022 had dismissed as withdrawn a PIL seeking a direction to the then Uddhav Thackeray-led MVA government in Maharashtra to sack jailed NCP leader Nawab Malik as a minister as well as seeking a direction to the Delhi government to sack minister Satyendar Jain, who was arrested in connection with criminal cases.
Refusing to entertain the plea, the top court had observed that if the PIL is allowed, then it will completely submerge the principle of separation of power.
“We cannot incorporate disqualification in this manner and send somebody out,” the apex court had said, making it clear that it cannot enact a provision which becomes a binding law and an elected representative is thrown out of the House.
Along the same lines, a plea seeking the removal of jailed Tamil Nadu Minister Senthil Balaji from the state Council of Ministers was dismissed by the Supreme Court in January this year. The petitioner questioned the propriety of Balaji continuing in the cabinet even after he was sent to judicial custody in a money laundering case filed by the Enforcement Directorate (ED) in connection with the alleged cash-for-jobs scam.
Though the Madras High Court did not direct his removal, it had observed that the continuance of Balaji as a Minister without Portfolio serves no purpose and does not augur well with the Principles of Constitutional ethos on goodness, good governance and purity in administration.
Chief Minister Kejriwal – who at this stage is only accused of soliciting kickbacks from liquor businessmen in exchange for favours – does not come within the purview of the 2013 Supreme Court decision in the Lily Thomas case, which had laid down that once a member of Parliament or a state legislature is convicted by a court and sentenced for two years, he or she is immediately disqualified from House.
Meanwhile, Bharatiya Janata Party (BJP) MP Manoj Tiwari has cast doubt on the authenticity of the directive allegedly sent by CM Kejriwal to Delhi Minister Atishi, questioning the timing of its issuance.
BJP National Secretary, Manjinder Singh Sirsa, lodged a complaint with Delhi Lieutenant Governor Vinay Kumar Saxena and ED against Delhi Minister Atishi and others.
Sirsa alleged that the AAP leaders presented an illegal order in the name of the Delhi Chief Minister, claiming that the Chief Minister issued it while in ED custody.
Describing this act as entirely illegal, unconstitutional, and an abuse of the office of the Delhi CM, Sirsa asserted that it amounts to a criminal conspiracy. He emphasised that Arvind Kejriwal could not have issued such an order while under ED custody.
Sirsa further claimed that he has urged the Lieutenant Governor of Delhi to investigate the unlawful takeover of the Delhi CM’s office and its illegal operation. He called for action to be taken by registering a case against Atishi and other individuals involved in this matter.
The issue of authenticity deepens when there is no permission to the CM by the court to issue orders from ED’s custody and these directives may possibly be aimed at political gains.
Meanwhile, the Delhi government’s Planning Secretary has issued orders that all welfare schemes of the city government will continue to operate and said that schemes and governance are never specific to individuals, but continue in the normal course.
Kejriwal, who was arrested last week and subsequently remanded to ED custody until March 28 by a Delhi court, faces allegations of direct involvement in a conspiracy related to the formulation of excise policy favouring specific individuals.
The ED has said that Kejriwal is the “kingpin and key conspirator” in the now-scrapped excise policy in collusion with AAP ministers, leaders and other persons.
On the other hand, the Aam Aadmi Party (AAP) leader has refuted the accusations levelled against him and has accused the BJP-led Central government of “manipulating investigative agencies for political motives”.
–IANS
pds/dan
National
Defence Ministry: Year 2025 will be year of reforms
On Wednesday, the Defence Ministry announced that 2025 will be designated as the “Year of Reforms,” with a primary focus on establishing integrated theatre commands to enhance collaboration among the three branches of the military.
These reforms are aimed at transforming the armed forces into a technologically advanced, combat-ready force capable of executing multi-domain integrated operations, the ministry stated.
The initiative will emphasize emerging domains such as cyber and space, alongside cutting-edge technologies like artificial intelligence, machine learning, hypersonics, and robotics.
Defence Minister Rajnath Singh described the “Year of Reforms” as a pivotal milestone in the modernization of the armed forces.
“It will set the stage for significant advancements in the nation’s defense capabilities, ensuring the security and sovereignty of India in the face of 21st-century challenges,” he said.
National
A 3.2 magnitude tremor struck Gujarat’s Kutch district on Wednesday morning
A 3.2 magnitude tremor struck Gujarat’s Kutch district on Wednesday morning, according to the Institute of Seismological Research (ISR).
The district administration reported no casualties or property damage following the quake.
The tremor occurred at 10:24 am, with its epicenter located 23 kilometers north-northeast (NNE) of Bhachau, as per the Gandhinagar-based ISR.
Last month, the region experienced four seismic events exceeding a magnitude of 3, including a 3.2 magnitude tremor just three days ago, with its epicenter also near Bhachau.
Earlier tremors in the area included a 3.7 magnitude earthquake on December 23 and a 3.2 magnitude event on December 7, according to ISR reports.
Kutch was also jolted by a 4.0 magnitude earthquake on November 18, 2024. On November 15, a 4.2 magnitude quake hit Patan in north Gujarat, based on ISR data.
Gujarat is considered a high-risk earthquake zone, having experienced nine major earthquakes over the past 200 years, according to the Gujarat State Disaster Management Authority (GSDMA). The 2001 earthquake in Kutch, which occurred on January 26, was the third-largest and second-most destructive in India in the last two centuries, according to the GSDMA.
National
Diljit Dosanjh faces legal action over concert songs
Singer and actor Diljit Dosanjh’s much-anticipated New Year’s Eve concert in Ludhiana faced legal hurdles after a complaint was filed by Punditrao Dharenavar, an assistant professor from Chandigarh.
Following the complaint, the Deputy Director of the Women and Child Department, Government of Punjab, issued a formal notice to Ludhiana’s District Commissioner, urging them to prohibit Dosanjh from performing specific songs during his live show on December 31, 2024.
The notice specifically targets songs accused of promoting alcohol, including Patiala Peg, 5 Tara Theke, and Case (Jeeb Vicho Feem Labbiya), even if the lyrics are slightly modified. The complaint points to previous warnings issued to Dosanjh by various commissions advising against performing these controversial tracks.
Despite these warnings, the singer allegedly continues to perform the songs with minor alterations. Dharenavar raised serious concerns about the influence of such music on young audiences, especially when minors are present at live events.
Adding to the controversy, Dharenavar referenced a 2019 Punjab and Haryana High Court ruling, which directed law enforcement to ensure that songs promoting alcohol, drugs, or violence are not played at public events, including concerts. This ruling underscores the legal basis for the complaint and has further intensified the scrutiny surrounding the event.
National
UP Minister’s convoy overturns, 5 person injured
Five people sustained injuries when a vehicle in the convoy of Uttar Pradesh Minister and Nishad Party chief Sanjay Nishad overturned into a ditch near Januan village in the Khejuri Police Station area of Ballia district late last night.
Sanjay Nishad shared details of the incident, stating that the accident injured five party workers, including four women.
“I was traveling with the convoy to participate in the Constitutional Rights Yatra organized by the party on Tuesday night. Near Januan village in the Khejuri area, one of the vehicles following the convoy lost control while trying to avoid an animal and overturned into a ditch,” Nishad explained.
The injured individuals have been identified as Rakesh Nishad, Ramrati, Usha, Geeta, and Iravati Nishad.
Senior police and administrative officials quickly arrived at the scene following the incident to oversee the situation.
National
Suchir Balaji’s mother alleges Murder
The mother of Suchir Balaji, a 26-year-old former OpenAI researcher found dead after accusing the company of copyright violations, has alleged that her son was “murdered” and called for a Federal Bureau of Investigation (FBI) probe.
Poornima Rao, Suchir’s mother, claimed her son’s death was a “cold-blooded murder” that authorities wrongly ruled as suicide. She further disclosed that a private autopsy report conflicted with the findings of the initial police investigation.
Rao alleged that her son’s apartment had been “ransacked” and cited evidence of a struggle in the bathroom, including bloodstains that suggested he had been assaulted.
“We hired a private investigator and conducted a second autopsy to uncover the truth. The private autopsy does not confirm the cause of death stated by the police. Suchir’s apartment was ransacked, there were signs of a struggle in the bathroom, and it appears he was hit based on blood spots. This is a cold-blooded murder being misclassified as a suicide. Lobbying in San Francisco won’t deter us from seeking justice. We demand an FBI investigation,” Rao wrote on X.
Elon Musk reacted to Rao’s post, commenting, “This doesn’t seem like a suicide.”
Balaji was discovered dead in his San Francisco apartment months after accusing OpenAI of violating copyright laws during the development of ChatGPT, as reported by Fox News. Despite these claims, the San Francisco Police Department found no evidence of foul play and ruled the death a suicide.
On October 24, shortly before his death, Balaji voiced doubts about the “fair use” defense in generative artificial intelligence. “I recently participated in a NYT story about fair use and generative AI, and why I’m skeptical ‘fair use’ would be a plausible defense for a lot of generative AI products,” he wrote on X.
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