Gujarat HC quashes order to show Modi's PG degree, imposes fine on CM Kejriwal

News Network
March 31, 2023

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The Gujarat High Court allowed a petition moved by Gujarat University (GU) challenging direction of Central Information Commission (CIC) asking the varsity to provide post graduate degree of Prime Minister Narendra Modi under Right to Information Act (RTI) to Delhi Chief Minister Arvind Kejriwal. 
 
While setting aside the direction of CIC, Justice Biren Vaishnav also imposed a fine of Rs 25,000 on Delhi CM Kejriwal. The Delhi CM was party respondent in the case. The court refused to stay its order after a request by Kejriwal's lawyer for appealing the verdict. 
 
In 2016, GU had moved the court challenging the order passed by CIC directing it to provide information to Delhi chief minister Arvind Kejriwal on the graduation degree of Modi. 
 
The then information commissioner M Sridhar Acharyulu had passed the direction to the Prime Minister's Office to provide information of Modi's graduation and post graduation degrees to GU as well as Delhi University to help them in searching those documents. GU approached the court stating that CIC didn't have jurisdiction to pass such an order and pleaded the court to quash it.
 
The Delhi Chief Minister himself never filed any formal RTI application. It happened after he provided information about his electoral photo identity but criticised CIC publicly saying that it was "obstructing information on Modi's degrees." 
 
The CIC took cognisance of Delhi CM's response as an application and issued notice to PMO to provide "specific number and year" of degrees of "Narendra Damodardas Modi" for making the search for the documents easy for GU and Delhi University.
 
Solicitor General Tushar Mehta had appeared for the state government-run university and argued, "Although the varsity had nothing to hide, a very short and significant question arises for consideration before the court is whether, in principle, the Right to Information Act be applied either for extraneous purpose to satisfy somebody's curiosity or to give a job opportunity to a few individuals who are misusing the provisions. So, in principle the university is contesting." 
 
Mehta had argued, "No objection so far as degree is concerned... degree is in public domain.. degree was placed in public domain in more than one forum. This particular degree nobody is hiding. But, in principle, this needs to be examined." Mehta argued that seeking education qualification of a public person has to satisfy the RTI exemption clauses that it must be in public interest. He said that "just because the public is interested, it can't be held that it is of public interest." 
 
Mehta said that elections can't be questioned on the basis of educational qualification. "Can you seek any personal information merely because you are curious about it? Can a CM seek information about the health of a PM?," Mehta argued. He gave examples of federal laws of the United States of America and the United Kingdom, which guard personal information of citizens.
 
At the end of his submission, he had told the court that the varsity's petition should be allowed with a cost. "Otherwise, we would be doing a great disservice to the Act, which is intended for something else but it is used for something else...it is used for settling political scores, used for childish jabs against opponents."
 
Appearing for Kejriwal, senior lawyer Percy Kavina responded, saying "Settling political scores and politics is inextricably linked with this matter because of the allied parties who are politically antithetical to each other. He stated that provisions under RTI are clear that one shouldn't be required to give the purpose of seeking information.
 
Kavina argued that direction is to furnish information to the public information officer (PIO) of Gujarat University under RTI Act and not the varsity itself. There is no order against the university. 
 
"The university is a statutory body which can't hold the brief for somebody else no matter how desirable it is. The commission directed the PIO of the Prime Minister's Office and Gujarat University. Why should GU spring to the defence of a person who has not chosen to challenge this order. The PIO of the PMO, public information officer of PMO, is the principal directee... he has not chosen to challenge this order," Kavina argued. He also said that instead of challenging it in the high court, an alternative remedy was available for filing an appeal against the commission's order.
 
He argued that when a candidate contesting elections discloses his or her educational qualification, he goes out of the purview of exemption under RTI Act. "An attempt was made and we inquired that a person doesn't hold qualification. It is an offence to file wrong information. Kavina also contended that no information related to the degree was available in the public domain.
 
"Entire case of the university is being pleaded for by a person who is not before the court. If the university is directed to comply with an order then it is for the person whose information is to be given to be asked yes or no. The order can be treated as a request. Do you have a problem? If you have, I will consider it...it is how the rule of law operates. Ex-US president Donald Trump and US president Joe Biden's houses were also investigated by the FBI. No one is above the law," Kavina had argued. 

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News Network
November 27,2024

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Chandrashekaranatha Swami (left) with chief minister

Bengaluru: Amidst the ongoing Waqf controversy in the state, a Vokkaliga seer has sparked controversy by suggesting the disenfranchisement of Muslims, claiming it would end vote bank politics in India.

The provocative remarks were made by Kumara Chandrashekaranatha Swami during a protest organized by the Bharatiya Kisan Sangh, a farmers’ organization with links to the RSS. The protest focused on farmers' lands being marked as Waqf properties.

"Politicians are exploiting this issue for votes. Muslims should be deprived of voting rights. This step is necessary to eliminate vote bank politics and allow India to prosper," the seer stated. He is the head of the Vishwa Vokkaliga Mahasamsthana Mutt, which was founded with support from JD(S) leader and former Prime Minister HD Deve Gowda.

The seer also made misleading claims about Pakistan, stating, “In Pakistan, minorities don’t have the right to vote. If we implement the same in India, Muslims would be isolated, and peace would prevail.” However, minorities in Pakistan have voting rights. 

Chandrashekaranatha Swami continued his criticism of the Waqf Board, accusing it of unlawfully seizing properties. “It is unjust to take someone’s property. We must ensure that the Waqf Board is abolished,” he said. He further emphasized the need for farmers' land to remain protected, even at the cost of political fallout.

Minister Condemns Remarks

Minister for Social Welfare, H.C. Mahadevappa, swiftly condemned the seer’s comments, stating, “After years of struggle, Baba Saheb Dr. B.R. Ambedkar established the principle of ‘one vote, one value.’ It is crucial for Dalits, backward communities, and minorities to understand its significance.”

He continued, "Those who spread hatred for political gain under the guise of religion must end their harmful rhetoric."

Earlier, Kumara Chandrashekaranatha Swami had stirred controversy by suggesting that Chief Minister Siddaramaiah step down to allow Deputy Chief Minister D.K. Shivakumar to assume the role of Chief Minister for the remainder of the term. The statement created a fresh political debate, raising questions about the power dynamics in Karnataka's ruling party.

The seer remarked, “Everyone has had the opportunity to hold the Chief Minister’s position, except D.K. Shivakumar. I request our experienced Chief Minister Siddaramaiah to vacate the post and bless Shivakumar with the opportunity.”

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News Network
November 25,2024

Udupi: Six junior artists from the prequel of Kannada blockbuster film ‘Kantara’ were injured, when the bus they were travelling in overturned in the district, police said on Monday.

According to police, the accident occurred near Jadkal on Sunday night when the mini-bus carrying the crew of the film overturned.

“The incident happened while they were returning to Kollur after completing the shoot at Mudoor in Jadkal. The mini-bus was carrying 20 junior artistes when it met with the accident,” a police officer said.

The injured were rushed to hospitals in Jadkal and Kundapur for treatment, they said.

The Kollur police are investigating the matter.

"The news making rounds is completely false. The Kantara: Chapter 1 team began shooting at 06:00 AM today, and everything is proceeding as normal. A minor accident occurred 20 kilometres away from the shooting location, involving a local bus carrying some members of the Kantara team. However, no injuries were reported," a source close to the production said.

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News Network
November 27,2024

Mangaluru: A five-year-long pursuit of justice continues for several youths from Dakshina Kannada who fell victim to a fraudulent food delivery job scam in Kuwait. The victims, lured by promises of lucrative overseas employment, now find themselves entangled in legal battles and financial ruin.

In a recent development, the Enforcement Directorate (ED) summoned the victims to its Mangaluru office as part of the ongoing investigation. The case, which dates back to May 28, 2019, was initially registered at the Mangaluru North police station based on a complaint filed by Usman, a resident of Jalligudde. His brother, Aboobakkar Siddique, was among the 34 victims duped by Manikya Associates, a recruitment agency operated by Prasad Shetty.

According to the complaint, the victims were promised jobs as food delivery executives in Kuwait with a salary of ₹40,000 per month. “I paid ₹80,000 to the agent and ended up spending seven harrowing months in Kuwait without any salary,” shared a victim who now works in construction. Another victim, now employed as a driver, said, “I dreamt of working abroad to support my family. I even pledged jewelry to pay the fees, but it took me years to recover financially.”

The victims allege that they were left stranded in Kuwait in January 2019 after completing all formalities. With no jobs and mounting expenses, their ordeal lasted seven months. They were eventually repatriated with the help of Indian expats and the Embassy of India in Kuwait, just two months after the complaint was filed.

The ED investigation is reportedly progressing, and victims said they were assured that their payments to the agent would be refunded soon. An ED official confirmed that efforts to ensure justice are ongoing.

For these youths, the pain of shattered dreams and financial losses has lingered for years, with many still struggling to rebuild their lives. As they await justice, their plight serves as a cautionary tale about the perils of fraudulent recruitment schemes.

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