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
May 17,2024

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New Delhi: In fresh claim, Prime Minister Narendra Modi on Friday said that his government sent an envoy to Israel urging them to stop the airstrike in Gaza during Ramadan. He said that he urged Israel to maintain peace rather than engage in combat during the holy month.

In an interview with Aaj Tak, PM Modi said that his envoy told Israel they should not bomb Gaza, at least during the auspicious month of Ramadan.

"During the month of Ramadan, I sent my special envoy to Israel to meet and explain to Prime Minister (Benjamin Netanyahu) that he should not carry out bombings in Gaza during Ramadan. They made every effort to follow it, but in the end, there was a fight for 2-3 days," he said.

The Prime Minister said that he does not publicise such things even though people in India keep "cornering him on the Muslims issue".

PM Modi said that some other countries also tried to speak to Israel to halt the bombings and may have also achieved results.

"They may have got the results too. I also tried," he said.

During the interview, PM Modi also said that he made standalone visits to both Israel and Palestine, unlike earlier governments which used to display token secularism.

"There was a fashion earlier that if one has to go to Israel, a visit to Palestine is a must. Do secularism and come back. But I refused to do it," he said.

The Prime Minister also recounted an episode when he needed to travel to Palestine via Jordan.

"When the President of Jordan, who is a direct descendent of Prophet Muhammad, came to know that I am going to Palestine over (the airspace of Jordan), he told me 'Modi ji, you cannot go like this. You are my guest and will use my helicopter'," Modi claimed.

Describing the unique amalgamation of circumstances, he continued, "I went to his home for dinner, but the helicopter was of Jordan, the destination was Palestine, and I was escorted by Israeli flight attendants. All three are different but for Modi, all came together in the sky."

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News Network
May 10,2024

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The Supreme Court Friday granted interim bail to Delhi Chief Minister Arvind Kejriwal till June 1 in the excise policy case.

The top court, however, stated that it will be passing a detailed order over the matter soon.

On Thursday, the Enforcement Directorate had opposed the move to grant interim bail to Kejriwal saying that “any special concession” to him will “amount to anathema to the rule of law and equality… thereby creating two separate classes in the country viz. ordinary people, who are bound by the rule of law as well as the laws of the country, and politicians who can seek exemption from the laws”.

The ED had arrested Kejriwal on March 21 in the excise policy case.

“The right to campaign for an election is neither a fundamental right nor a constitutional right and not even a legal right,” the ED said, maintaining that to its knowledge, “no political leader has been granted interim bail for campaigning even though he is not the contesting candidate”.

After the ED filed its affidavit, the AAP, in a press release, said, “The legal team of Delhi Chief Minister and AAP National Convenor, Shri Arvind Kejriwal, has raised strong objection to the affidavit filed by the Enforcement Directorate opposing interim bail in the Supreme Court.”

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News Network
May 6,2024

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The stage is all set for the third phase of voting for the Lok Sabha election, which will take place on Tuesday, May 7. The polling will take place across 94 Lok Sabha constituencies covering ten states and two union territories.

Jammu and Kashmir's Anantnag-Rajouri Lok Sabha seats were also to vote in the third phase of polling. However, due to several connectivity issues, the Election Commission of India rescheduled it to May 25.

The voting in the third phase of the Lok Sabha election will begin at 7 am on Tuesday and conclude at 5 pm. The results will be declared on June 4.

Lok Sabha election Phase 3: List of states and constituencies:

Karnataka Chikkodi, Belgaum, Bagalkot, Bijapur, Gulbarga, Raichur, Bidar, Koppal, Bellary, Haveri, Dharwad, Uttara Kannada, Davangere, Shimoga 
Assam Dhubri, Kokrajhar, Barpeta, Gauhati
Chhattisgarh Sarguja, Raigarh, Janjgir-Champa, Korba, Bilaspur, Durg, Raipur
Bihar Jhanjharpur, Supaul, Araria, Madhepura, Khagaria
West Bengal  Maldaha Uttar, Maldaha Dakshin, Jangipur, Murshidabad
Goa North Goa, South Goa
Gujarat  Kachchh, Banaskantha, Patan, Mahesana, Sabarkantha, Gandhinagar, Ahmedabad East, Ahmedabad West, Surendranagar, Rajkot, Porbandar, Jamnagar, Junagadh, Amreli, Bhavnagar, Anand, Kheda, Panchmahal, Dahod, Vadodara, Chhota Udaipur, Bharuch, Bardoli, Surat, Navsari, Valsad    
Uttar Pradesh Sambhal, Hathras, Agra (SC), Fatehpur Sikri, Firozabad, Mainpuri, Etah, Budaun, Aonla, Bareilly
Madhya Pradesh Bhind, Bhopal, Guna, Gwalior, Morena, Rajgarh, Sagar, Vidisha, Betul
Maharashtra  Baramati, Raigad, Osmanabad, Latur (SC), Solapur (SC), Madha, Sangli, Satara, Ratnagiri-Sindhudurg, Kolhapur, Hatkanangle
Dadra and Nagar Haveli Dadra and Nagar Haveli
Daman and Diu Daman and Diu

Over 1,300 candidates, including 120 women, are in the fray in the third phase of the Lok Sabha election. Some of the key candidates include bigwigs such as union ministers Amit Shah, Jyotiraditya Scindia, Mansukh Mandaviya, Parshottam Rupala, Pralhad Joshi, and SP Singh Baghel. Former Madhya Pradesh chief ministers Shivraj Singh Chouhan and Digvijaya Singh are also contesting the election in Madhya Pradesh. At the same time, the fate of former Karnataka chief minister Basavaraj Bommai will also be decided in the third phase. Meanwhile, several members of Mulayam Singh Yadav's family are also contesting in this phase in Uttar Pradesh.

List of key candidates and their constituencies

Amit Shah (BJP) - Gandhi Nagar, Gujarat

Digvijaya Singh (Congress) - Rajgarh, Madhya Pradesh

Shivraj Singh Chouhan (BJP) - Vidisha, Madhya Pradesh

Dimple Yadav (SP) - Mainpuri, Uttar Pradesh

Supriya Sule (NCP) - Baramati, Maharashtra

Purshottam Rupala (BJP) - Rajkot, Gujarat

Jyotiraditya Scindia (BJP) - Guna, Madhya Pradesh

Pralhad Joshi (BJP) - Dharwad, Karnataka

KS Eshwarappa (BJP) - Shimoga, Karnataka

Praniti Shinde (Congress) - Solapur, Maharashtra

Hasmukbhai Patel (BJP) - Ahmedabad East, Gujarat

Pallavi Dempo (BJP) - South Goa, Goa

Adhir Ranjan Chowdhury (Congress) - Berhampore, West Bengal

The Lok Sabha elections are being held in seven phases - with the first phases concluded on April 19 and April 26. The third phase will be held on May 7; the fourth phase will be held on May 13; the fifth phase will be on May 20; the sixth phase will be on May 25; and the seventh phase on June 1.

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