Queries under RTI crossing all limits: Chief Justice of India S H Kapadia

April 13, 2012

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New Delhi, April 13: Chief Justice of India (CJI) S H Kapadia on Thursday said a very good law like Right to Information (RTI) was being misused to ask irrelevant and intrusive questions seriously impeding the working of the Judges and the Supreme Court.

When a bench of CJI and Justices D K Jain, S S Nijjar, R P Desai and J S Khehar were deliberating on reporting guidelines of sub-judice matters, Justice Kapadia said, "In RTI matters, since I took over as CJI, I have given answers to all questions except very few things. But the kind of questions and their number is also exceeding limit."

He gave samples of the irrelevant questions that were being put to the Judges taking away their precious time which could have been utilized in studying petitions and case materials. "Why did you attend Nani Palkhivala Lecture? What time did you leave? Did you eat lunch or had tea? Which lawyer invited you for the function? We are working hard but we are not being able to concentrate many a times because these kinds of questions," the CJI said.

"Are these questions relevant for press? It is all going beyond all limits. The RTI Act is a good law but there has to a limit to it," he added.

During the deliberations on reporting guidelines, the court asked senior advocate Anil Divan whether the Nariman Committee recommendations or the self-regulatory mechanism in News Broadcasters Association had provisions to deal with the problem of 'paid news'.

"If in the case of paid news comes before the association what steps would it take? What steps are prescribed in the self-regulatory mechanism? We are all for open court system. But we want to know if in a given case the court comes to a conclusion that reporting had vitiated fair trial and prejudiced the accused, what preventive steps are to be taken?" the bench asked.

The CJI took the lead in formulating the questions and said the court need not be misunderstood for this as it was coming across examples frequently relating to reporting on sub-judice matters. "Take for example today's article in The Hindu about Presidential Reference referring to it as 'all lies'," he said.

"The reference may not be sub-judice but it is coming to the court and the newspaper analyses all issues. How do we control such kind of things? Is it not interference in the administration of Justice? We are only asking to understand what should be done in such cases. Without saying whether it is right or wrong, we are giving the examples to get assistance from the counsel," Justice Kapadia said.

Divan, concluding his arguments, said he was still uncomfortable about framing of mandatory guidelines by the court as it would give a handle to accused and other vested interests would give various interpretations to the guidelines and rush to court seeking ban or postponement of reporting.

Senior advocate T R Andyarujina, assisting the court as amicus, said the US Supreme Court allows its proceedings to be telecast live thus leaving very little scope for misreporting by media. He said in India Parliament under its Privilege Rules could punish journalists for misreporting. "But in last 20 years, the Privileges Committee has only censured the erring ones and never punished them," he said. The arguments would continue on Tuesday.


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News Network
April 15,2024

New Delhi: India is likely to experience above-normal cumulative rainfall in the 2024 monsoon season with La Nina conditions likely to set in by August-September, the IMD has said on Monday.

However, normal cumulative rainfall does not guarantee uniform temporal and spatial distribution of rain across the country, with climate change further increasing the variability of the rain-bearing system.

Climate scientists say the number of rainy days is declining while heavy rain events (more rain over a short period) are increasing, leading to frequent droughts and floods.

Based on data between 1951-2023, India experienced above-normal rainfall in the monsoon season on nine occasions when La Nina followed an El Nino event, India Meteorological Department chief Mrutyunjay Mohapatra told a press conference here.

Positive Indian Ocean Dipole conditions are predicted during the monsoon season. Also, the snow cover in the Northern Hemisphere is low. These conditions are favourable for the Indian southwest monsoon, he said.

Moderate El Nino conditions are prevailing at present. It is predicted to turn neutral by the time monsoon season commences. Thereafter, models suggest, La Lina conditions may set in by August-September, Mohapatra said.

India received "below-average" cumulative rainfall -- 820 mm compared to the long-period average of 868.6 mm -- in 2023, an El Nino year. Before 2023, India recorded "normal" and "above-normal" rainfall in the monsoon season for four years in a row.

El Nino conditions -- periodic warming of surface waters in the central Pacific Ocean -- are associated with weaker monsoon winds and drier conditions in India.

Three large-scale climatic phenomena are considered for forecasting monsoon season rainfall.

The first is El Nino, the second is the Indian Ocean Dipole (IOD), which occurs due to differential warming of the western and eastern sides of the equatorial Indian Ocean, and the third is the snow cover over the northern Himalayas and the Eurasian landmass, which also has an impact on the Indian monsoon through the differential heating of the landmass.

The southwest monsoon delivers about 70 percent of India's annual rainfall, which is critical for the agriculture sector. Agriculture accounts for about 14 percent of the country's GDP.

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News Network
April 16,2024

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New Delhi:  Twenty-nine Maoists, including a senior rebel leader - Shankar Rao, who had a bounty of ₹ 25 lakh on his head - were killed by security forces during an encounter in Chhattisgarh's Kanker district on Tuesday afternoon. A huge quantity of weapons, including Ak-47 and INSAS rifles, were recovered. 

Three security personnel were injured in the gunfight, which took place in forests near the village of Binagunda after a joint team of District Reserve Guard and Border Security Force were attacked.

Two of the three injured are from the BSF. Their condition is stable but the third - from the DRG - is in critical care. All three received treatment at a local hospital and are to be shifted to a larger facility.

Sources said the fighting began at around 2 PM, when a joint DRG-BSF team was conducting an anti-Maoist operation. The DRG was set up in in 2008 to combat Maoist activities in the state, and the Border Security Force has been deployed extensively in the area to for counter-insurgency ops.

There was another encounter in the district last month, in which two people - a Maoist and a cop - were killed, and security forces recovered a gun, some explosives, and other incriminating materials.

Personnel from the DRG and Bastar Fighters, both units of the state police force, with the Border Security Force, were involved in that operation, officials told news agency PTI. The patrolling team was cordoning off a forested area when fired on indiscriminately, leading to the gun battle.

In November last year, while the state was voting in the first phase of an Assembly election, a gunfight broke out between security forces and Maoist rebels in the same district.

An Ak-47 rifle was recovered from the encounter site.

On the same day, while polling was taking place, Maoists fired at DRG personnel deployed near a polling station in Banda in Dantewada district.

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News Network
April 9,2024

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The Delhi High Court rejected Chief Minister Arvind Kejriwal's plea challenging his arrest by the Enforcement Directorate (ED) and remand order passed by the trial court in connection with the excise policy case. The court delivered the verdict in the excise policy case on Tuesday.

In its order, the high court said the petition challenged the arrest and said it was in violation of Section 19 of the Prevention of Money Laundering Act, 2002 (PMLA). "The court clarifies that the plea is not for bail but for declaring the arrest illegal," Bar and Bench reported while citing the court order.

The high court said the material collected by the ED “reveals Arvind Kejriwal conspired and was actively involved in use and concealment of proceeds of crime." 

“The ED case also reveals that he was involved in his personal capacity as well as convenor of AAP," the order said.

Kejriwal had earlier questioned the timing of the arrest that came just ahead of the Lok Sabha Elections 2024.  Reacting to this, the court said, “Petitioner has been arrested in money laundering case and court has to examine his arrest and remand as per law irrespective of timing of elections."

Reacting to Kejriwal's argument casting doubt on the statements of “approvers" in the excise policy case, the court said the statements of “Raghav Magunta and Sarath Reddy are approver statements which were recorded under the PMLA as well as Section 164 CrPC".

“To cast doubt on the manner of recording statement of approver would amount to casting aspersions on the court and judge," the order added. “The law of approver is over 100 years old and not one year old. It cannot be suggested that it was enacted to implicate the present petitioner (Kejriwal)," it added.

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