After Ram Jethmalani, BJP might suspend Shatrughan next, warning for Yashwant Sinha: sources

November 26, 2012

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New Delhi, November 26: The BJP's top leadership will meet today to discuss growing rebellion in the party, a day after it suspended Rajya Sabha member Ram Jethmalani for his vocal dissent, first on party president Nitin Gadkari's continuance and then on the issue of the appointment of the new CBI chief.

At the meeting of the party's Parliamentary Board at 4:30 pm today, BJP leaders are also expected to decide on action against other rebels like Yashwant Sinha and Shatrughan Sinha. Both these leaders have, along with Mr Jethmalani, been at the forefront of the "Go Gadkari" campaign. Mr Sinha also supported Mr Jethmalani on the CBI chief issue.

Sources say after Mr Jethmalani, Shatrughan Sinha will be suspended, but Yashwant Sinha might be given a chance to withdraw his statement.

"Mr Ram Jethmalani's membership has been terminated. BJP's President Mr Nitin Gadkari has suspended Mr Ram Jethmalani with immediate effect," party spokesperson Shahnawaz Hussain said on Sunday. The party is likely to formally expel the 86-year-old leading lawyer today; Mr Jethmalani, came from Mumbai to Delhi today, is defiant and has said no one "in the BJP has courage to take action" against him.

Mr Jethmalani, who had earlier frontlined a rebellion against Mr Gadkari, seeking his resignation over allegations of financial malpractice involving his Purti Group, has now written to the party chief slamming the BJP's opposition to the appointment of the new CBI director, articulated by two of the party's senior-most leaders, Sushma Swaraj and Arun Jaitley last week. He said in his letter that the Congress-led government had in fact averted a "national calamity" by making the appointment.

Sushma Swaraj and Arun Jaitley had written to Prime Minister Manmohan Singh expressing their reservations over the appointment of Ranjit Sinha as the new Director of the Central Bureau of Investigation (CBI). They said that the select panel has recommended the CBI director be chosen by a collegium, that includes the PM as well as leaders of opposition among others.

Taking a grim view of Mr Jethmalani's remarks, Mr Hussain said, "Jethmalani's remarks are meant to help the Congress...party sees Jethmalani's letter on new CBI director as an act of gross indiscipline."

The embarrassingly public rebellion in the senior ranks of the BJP comes uncomfortably close to elections in Gujarat and has underscored the deeply-entrenched factionalism within. Mr Jethmalani is seen as close to Gujarat chief minister Narendra Modi, who played a big role in pushing for a Rajya Sabha seat for him. Mr Jethmalani in his public musings, has said Mr Modi should be named the party's prime ministerial candidate for the 2014 general elections.

The BJP's parent body, the Rashtriya Swayamsevak Sangh (RSS), too is unhappy with the turn of events in the last fortnight, say sources. The tension came into the open with the issue of Nitin Gadkari's continuation as the party president for an unprecedented second term in the midst of charges of graft that he is facing. The party gave Mr Gadkari a clean chit recently over the allegations of financial impropriety, amply aided by the RSS, which had favoured him for a second term. But this did not impress the anti-Gadkari group, which believes that the continuation of Mr Gadkari as the party chief would tarnish the image of the BJP and severely dent its campaign the Congress-led UPA government over corruption.

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November 11,2024

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The Manipur Kuki MLAs have released a statement calling out Solicitor General Tushar Mehta's 'lies' in the Supreme Court. In a joint statement, the MLAs, including those from the Bharatiya Janata Party, said they had not had any meeting with the Chief Minister since May 3, 2023, nor did they intend to meet him in the future as “he was the mastermind behind the violence”.

As per the MLAs, the SG lied about state CM N Biren Singh speaking to Kuki MLAs to control the situation there, in order to halt a Supreme Court probe into the leaked tapes which allege that Singh has been complicit in the violence that broke out between Kukis and Meitis there.

"We...clarify that we have never had any meeting with Chief Minister, Shri N. Biren Singh since May 3, 2023, nor have any intention to meet him in future as he is the mastermind behind the violence and ethnic cleansing of our people from the Imphal valley, which is continuing till today, the latest being the brutal killing and burning of Mrs Zosangkim Hmar on November 7, 2024," the letter read, while condemning the recent 'barbaric' killing of the woman there, and noting the SG's assertion is 'tantamount' to misleading the top court.

“We, the undersigned ten MLAs, have come to know that during the Supreme Court hearing held on November 8, 2024, the Solicitor General of India submitted that ‘CM is meeting all Kuki MLAs and trying to bring the situation down to get peace’. In this connection, we hereby categorically state that this submission is a blatant lie and tantamount to misleading the Hon’ble Supreme Court of India,” the statement said.

The Supreme Court, while hearing a petition by a Kuki organisation, asked that it submit audio tapes to substantiate its claim that the Chief Minister was instrumental in inciting and organising violence in the northeastern State.

Solicitor-General Tushar Mehta orally informed the court that the Chief Minister was meeting all the Kuki-Zo MLAs and that peace in the State had come at a huge cost.

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November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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November 12,2024

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The Taliban regime has appointed Ikramuddin Kamil as the acting consul in the Afghan mission in Mumbai, Afghan media has reported.

It is the first such appointment made by the Taliban set up to any Afghan mission in India.

There was no immediate comment from the Indian side on the appointment that came.

The Ministry of Foreign Affairs of Afghanistan has announced the appointment of Kamil as the acting consul in Mumbai, the Taliban-controlled Bakhtar News Agency reported on Monday, citing unnamed sources.

"He is currently in Mumbai, where he is fulfilling his duties as a diplomat representing the Islamic Emirate," it said.

The appointment is part of Kabul's efforts to strengthen diplomatic ties with India and enhance its presence abroad, the media outlet said

Kamil holds a PhD degree in international law and previously served as the deputy director in the department of security cooperation and border affairs in the foreign ministry, it said.

He is expected to facilitate consular services and represent the interests of Afghanistan in India, the report added.

Kamil's appointment comes days after the external affairs ministry's point-person for Afghanistan held talks with the Taliban's acting defence minister, Mullah Mohammad Yaqoob, in Kabul.

Sher Mohammad Abbas Stanikzai, the Taliban's deputy foreign minister for political affairs, also posted on X about Kamil's appointment.

The appointment of Kamil is seen as part of efforts to facilitate consular services to the Afghan population in Mumbai.

There has been almost negligible presence of diplomatic staff at the Afghan missions in India.

Most of the diplomats appointed by the Ashraf Ghani government have already left India.

In May, Zakia Wardak, the seniormost Afghan diplomat in India, resigned from her position after reports emerged that she was caught at the Mumbai airport for allegedly trying to smuggle 25 kg of gold worth Rs 18.6 crore from Dubai.

Wardak had taken charge as the acting ambassador of Afghanistan to New Delhi late last year, after working as the Afghan consul general in Mumbai for more than two years.

She took charge of the Afghan embassy in New Delhi last November, after the mission helmed by then ambassador Farid Mamundzay announced its closure.

Mamundzay, who was an appointee of the Ghani government, had moved to the United Kingdom.

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