Communist Party of India (Marxist) MP moves privilege notice against Arun Jaitley and Dharmendra Pradhan, ministers in the NDA Government

The Communist Party of India (Marxist) [CPM] on Friday moved a notice of privilege against Finance minister Arun Jaitley and Petroleum minister Dharmendra Pradhan for increasing the excise duty on petrol and diesel when a statutory motion against the earlier notification to hike the excise duty on petrol and diesel is pending with the Upper House, where the NDA Government is in a minority at present.

The notice of privilege has been moved by CPM MP K.N. Balagopal in the Rajya Sabha of which he is a member.

File Picture: TV grab of K.N. Balagopal speaking in the Rajya Sabha

“This increase was done arbitrarily at a time when the notice for statutory motion to disallow the earlier notification to increase excise duty of the petrol and diesel, is pending before the Rajya Sabha,” K.N Balagopal said in the notice sent to Rajya Sabha chairman Hamid Ansari, a day after the government raised excise duty on petrol and diesel by Rs. 2 per litre.

Balagopal alleged that both Jaitley and Pradhan took the decision “bypassing” the Parliament. He said the notice for amending the earlier notification was given by him and his party leader and Rajya Sabha MP Sitaram Yechury and it was accepted by the Chairman and is included in the list of business.

“The Business advisory committee has allotted time for the discussion. But due to the negative attitude of the government, the statutory motion was not discussed in the last session. Now it is pending before the House. Since such an important motion is pending before the house for discussion and finalisation, it is the responsibility of the government to respect the Parliamentary practices and procedures,” the notice said.

“They (Jaitley and Pradhan) negated the Parliamentary privileges and etiquettes. Hence I feel this as a grave case of breach of parliamentary privilege, which affected me the personally and the Rajya Sabha, in general,” Balagopal said, seeking necessary action to protect the privilege of members.

The third excise duty hike since November was done to help raise an additional amount of Rs. 6,000 crore during the remaining three months of the current fiscal as the government took advantage of a slump in global oil prices to five-year low to shore up revenue without stoking inflation. Balagopal said when the international price of crude has been decreased from $115 per barrel to $55 per barrel, the government is increasing the “real price” of petroleum products.

“If the government passes over the international price of petroleum to Indian consumers, it would be less than Rs. 40 per litre of petrol and diesel,” he said.

If admitted by the Rajya Sabha Chairman Mr. Hamid Ansari , the notice will go to the Privileges Committee of the Rajya Sabha, headed by Deputy Chairman PJ Kurien. The ruling NDA has just two members in the 10-member Privileges Committee, which will take a decision on the notice and report its decision to the Upper House.

No proof that the Forest Rights Act hinders developmental Projects: Ministry of Tribal Affairs

The Ministry of Tribal Affairs has taken strong exception to the move of the Ministry of Environment and Forests (MoEF) to dilute the provisions of Forest Rights Act (FRA). The latter has claimed that the provisions of Forest Rights Act delays clearance of the developmental and infrastructure projects.

 The MoEF has issued a circular that provides power to the district Collector to decide whether there is any need to implement FRA in an area, while the law actually confers these powers with the gram sabha.

In a letter written by Dr. Hrushikesh Panda to his Counterpart in the MoEF, he said that the move abrogates the law of the land and also such moves are not desirable in the interest of peace and governance in forest areas. This order conveys a message that, the government is against fair implementation of FRA. 

According to Dr. Panda, the Act does not provide any scope either to the Executive agencies or to the respective ministries for any kind of relaxation of the provisions of Forest Rights Act. 

The two page letter says that, there is no evidence that the procedures under the Forest Rights Act (FRA) delays projects. If there has been any hindrance because of the process provided in FRA as claimed by the MOEF it should be brought to the notice of Tribal affairs ministry, which is the nodal ministry to FRA. 

“The FRA process is initiated in the village and culminates with the District Committee headed by the District Collector. If there has been any study or evidence on delay of projects because of the processes of FRA, this should be brought to the notice of the Ministry of Tribal Affairs,” it said.

The stand taken by the MoEF provides evidence of how the NDA government is finalising the dilution of tribal rights over forest land and do away with the condition that Grama Sabhas should give consent for projects. 

Approximately 60 million people had been displaced because of these developmental projects between 1947 and 2000. The Act has been enacted in order to redress the historical injustices caused to the tribals over the decades. The move by the MoEF to dilute the provisions of the Forest Rights Act, it is feared, would result in injustice to the tribals and jeopardize their existence.

  

Bombay High Court upholds life imprisonment awarded to youth for killing prostitute

The Bombay High Court has upheld the life sentence awarded by the Sessions Court to a 21-year-old youth for stabbing to death a prostitute, who refused to marry him, in the year 2009.

Bombay High Court

A Division Bench of the Bombay High Court comprising of Justices VK Tahilramani and Anil Menon recently dismissed an appeal filed by the convict, Anant alias Rakesh Ratan Let, against the judgment of the Sessions Court order convicting him for the murder of a prostitute by name Zarina, and sentencing him to life imprisonment on that count. The Sessions Court had also sentenced him to one year’s imprisonment for causing injuries to one Reshma, also engaged in prostitution. The Sessions Court had directed that the sentences were to run concurrently. 

While dismissing his appeal, the Bombay High Court observed: "We are of the opinion that there is sufficient evidence to prove beyond reasonable doubt that the appellant committed murder of Zarina by assaulting her with a knife and in the course of the incident, injuries were also inflicted on Reshma, also engaged in prostitution, who tried to save the victim."

The finding of the Sessions Court on the charge of causing injuries to Reshma by the convict was also upheld by the Bombay High Court. 

"Finding of the blood group of the deceased (Zarina) on the clothes of the appellant (shirt, pant and underwear) is a strong incriminating factor against the appellant," the Bench said. 

Besides, the accused was found to have sustained a deep cut injury on his left thumb. "This is sufficient to prove that he had been involved in the attack on Zarina and Reshma," said the Court.

Reshma and her neighbour had identified Anant as the person who had stabbed Zarina. Reshma had seen him attacking Zarina after the latter shouted for help while the other witness, who stayed in the neighbourhood, had heard Zarina's cries for help, the Bench noted.

The assailant was overpowered by people after Reshma grappled with him at a residence in Grant Road where they were engaged in prostitution.

KARNATAKA HIGH COURT CONSTITUTES SPECIAL BENCH TO HEAR APPEALS OF FORMER TN CM Ms. J. JAYALALITHAA AND 3 OTHERS IN THE DISPROPORTIONATE ASSETS CASE; HEARING TO COMMENCE ON FRIDAY

The Karnataka High Court has issued a notification, its first of the year 2015, announcing that Justice C R Kumaraswamy would hear the appeals of former Tamil Nadu Chief Minister and AIADMK Supremo, Ms. J Jayalalithaa and three other accused in a disproportionate assets case "on a day-to-day basis." 

Former Tamil Nadu CM, Ms. J. Jayalalithaa

The notification signed by the Registrar (Judicial) of the Karnataka High Court said that the judge was being named to constitute a special bench in accordance with the orders of the Supreme Court. 

On October 17, the apex court asked the Karnataka high court to constitute a special bench to hear the appeals of Jayalalithaa and others against their conviction in the Rs 66.65 crore disproportionate assets case by a special court in Bengaluru on September 27. 

The cases have been listed for hearing on Friday, and will come up before Justice H Billiappa on Friday, as Justice Kumaraswamy is on leave.

Collegium system becomes history as the National Judicial Appointments Commission Bill receives the assent of the President of India

The National Judicial Appointments Commission (NJAC) Bill passed by Parliament in August this year that seeks to do away with the collegium system of appointing judges to higher judiciary has received the assent of the President. Being a Bill in the nature of a constitutional amendment, it required ratification by at least 50% of the state legislatures, which requirement was also satisfied with 16 of the 29 states ratifying the Bill. 

Rashtrapati Bhavan, New Delhi

The new law facilitates the setting up of a commission for appointment of judges, replacing the 20-year-old collegium system, which had been under severe criticism for its lack of transparency in the matter of processing of names for appointment as judges to the higher judiciary. 

With the assent of the President, all decks have been cleared for the setting up of the NJAC, which will appoint and transfer judges to the Supreme Courts and the 24 High Courts. The124th amendment to the Constitution grants Constitutional status to the NJAC and its composition which will be headed by the Chief Justice of India.

Besides the CJI, the judiciary would be represented by two senior judges of the Supreme Court. Two eminent personalities and the Law Minister will be the other members of the body. 

Though the assent of the President has been obtained the new law, that is, the National Judicial Appointments Commission Act, 2014 will not come into effect at once. Going by Section 1(2) of the Act, the National Judicial Appointments Commission Act, 2014 will now come into force on such date as the Central Government may notify in the Official Gazette. Therefore the nation may have to wait a while before the days of the collegium system, well and truly, come to an end. 

The full text of the  National Judicial Appointments Commission Bill, 2014 as passed by both the Houses of Parliament can be accessed here