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JHA COMMISSION REPORT: Will the Court open it or the Legislature?
- The Commission appointed by the Court, as per 2008 order: The Court directs parties to file views on legal position, NBA’s opinion.
Hon. High Court of Madhya Pradesh, its bench of Chief Justice AK.Khanwilkar and Justice Sanjay Yadav heard the application by the State Government submitted on 21stJanuary, 2016 pertaining to legal issues related to the Jha Commission report and counter reply by Narmada Bachao Andolan. The Justice S.S. Jha Commission appointed in 2008 submitted its report based on seven years long investigation into corruption in five aspects of REHABILITATION OF Sardar Sarovar Dam AFFECTED.
The application BY THE STATE GOVT demanded that the Jha Commission report should be first handed over to state government for being laid before the legislative assembly of the Madhya Pradesh. The State claimed that such a process is mandatory under Sec. 3 of Commission of Inquiry Act, 1952 (CIA) AND the Jha Commission was appointed under the same Act and the Section.
NBA, on the other hand, claims that the Commission was appointed by the High Court and the notification concerned is in compliance of the High Court’s order which never directed Commission TO BE APPOINTED under the particular Section and the Act.
NBA ALSO pleaded that the Commission was not to be appointed under Sec.3 of th.e CIA,1952, as it was appointed by the High Court RESORTING to its powers under Article 226 of the Constitution. The High Court carried out its role by appointing the Commission,PROMOTING,FACILITATING ASSISTANCE TO AND ROUTING FUNDS FROM THE STATE AND MONITORING IT, since CORRUPTION DERAILED THE REHAB POLICY AND PROVISIONS UNDER THE Tribunal putting at stake, thousands of PAFs’ right to rehabilitation that Hon.APEX Court itself has declared to be a part of right TO life, under Article 21, which it has a duty to protect.
The Hon. Chief Justice noted that there was no directive by the Court in the Judgement for the state government to appoint the Jha Commission under Sec. 3 of the Act. The State could appoint it under Section 11 of the same act as it was an enquiry initiated by the High Court and neither BY the Government nor through a resolution by the legislature. The High Court, on the other hand, noted that the notification of appointment dated October 8th 2008 was issued “In compliance of the High Court’s order as well as section 3 of the Act.” The Chief Justice, therefore, raised a query as to whether submission of the REPORT to the legislature first & to get the State to place Action Taken Report on the floor of the Assembly WITHIN 6 MONTHS is mandatory & non-compliance would violate any rule or law related to the rights & powers of the legislature. Whether the High Court can take the recourse to open, consider & act upon the report before the same was a question. The High Court would like to know if it would mean IMPINGMENT UPON THE POWERS OF THE legislature.
The Hon. Court, therefore, directed both the parties to file a response on the settled legal position on this issue, which the Hon. Chief Justice said, has become complex due to the notification that was not challenged by anyone.
Smt. Medha Patkar appeared and pleaded the case as Party in Person while Shri R.N. Singh appeared with Arpan Pawar for the State & NVDA. The next hearing on the matter is fixed for FEBuary 16th,2015.
MUKESH BHAGORIA,RAHUL YADAV,HIMANSHU GUPTA.
NARMADA BACHAO ANDOLAN
Media Advisory
ICC Cricket for Good & UNICEF launch Team Swachh clinics during the ICC WT20 2016 Host City Tour
What:
Building up to the ICC World T20 India 2016, The International Cricket Council (ICC) Cricket for Good and UNICEF will launch Team Swachh clinics during the ICC WT20 2016 Host City Tour in Dharamsala, to promote Team Swachh, a nationwide initiative that aims to build a social movement for sanitation and toilet use thereby leading to an open-defecation-free India.
The ICC WT20 2016 Host City Tour begins in Dharamsala on Feb 15 and travels to 8 cities including Dharamsala (15th Feb), Mohali (16th Feb), Delhi (18th Feb), Kolkata (24th Feb) Nagpur (27th Feb), Chennai (1st March), Bangalore (3rd March) and Mumbai (6th March 2016).
You are cordially invited to the inaugural launch of the Tour being held inDharamsala on Feb 15th, 2016 (Dharamsala Cricket Stadium).
Who:
UNICEF spokespersons
Photo opportunity – India team player interacting with children at the WASH cricket clinic.
Children from local NGOS and schools.
For pre-registration and security clearance purposes, kindly confirm the name of the correspondent designated for the Delhi event as well as for the respective cities. UNICEF is facilitating the travel of a limited number of correspondents to the ICC WT20 Host City Tour basis the pre-registration list. (Please email the names to Sonia Sarkar at ssarkar@unicef.org or Geetanjali Master (gmaster@unicef.org) or call #9810170289, #9910409494, #8588897510).
For more information, please contact:
UNICEF:
Caroline den Dulk, Chief, Advocacy & Communication
Tel: +91-981 810 6093, Email: cdendulk@unicef.org
Geetanjali Master, Communication Specialist
Tel: 91-981 810 5861, E-mail: gmaster@unicef.org
Sonia Sarkar, Communication Officer – Media
Tel: +91-981 017 0289, E-mail: ssarkar@unicef.org
AAP: On Police questioning of party leaders
Police question is neither unethical nor immoral nor it is irrational and law enforcinng agency has to satisfy itself on the question of common man death the party enshrined on the welfare of commoner is not vilifying and questioning its duties. AAP press release said..In governance our efforts are not to look back of the criticism other make but dilute those with sincere efforts the last man. AAP shall prove that Delhi Government did not find the Chance to rule by-chance but by diligence and sincere efforts.Not by advertisement but by establishment of goals and missions;
Aam Aadmi Party’s statement on police questioning of party leaders in farmer Gajendra Singh’s death case.
12 February, 2016
Aam Aadmi Party leaders today attacked the Modi Government controlled Delhi Police for suddenly opening the probe into the death of farmer Gajendra Singh. “The police have suddenly woken up after 10 month long slumber, not without political motive,” said senior party leader Dr. Kumar Vishwas. “We warn Narendra Modi that this political I-spy will fetch him nothing. People of Delhi and Bihar have taught his party a lesson. Punjab will see a humiliating rout of the BJP-SAD alliance at the hands of the Aam Aadmi Party,” he added.
Addressing a press conference here Dr. Kumar Vishwas said that Arvind Kejriwal Government is completing its first year in power. It has some great achievements to its credit. The Modi Government, on the other hand, has disappointed the country which had voted it to power with great hope. Now, after failing on all fronts, the Modi Government is trying to implicate AAP leaders in false cases. Several cases were registered against AAP MLAs, most of which fell flat in the court. A fabricated case was lodged against me as well. Congress controlled Delhi Commission for Women and BJP controlled Delhi Police, both had joined hands to discredit me, but the truth prevailed, and only truth will prevail again,” said Vishwas.
Senior party leader Sanjay Singh said,” The police served us notices very late in the evening and wanted us to appear before it the next morning. We still did. There was huge deployment at the crime branch and dozens of irrelevant questions were asked. What bothers us is the fact that the police then leaked the questions to the media. That shows their intention. A section of the media quoted investigators that they were not satisfied with my responses to their questions. I appeared once again before the police today and told them to stop behaving like BJP’s force. I told them that if they were not satisfied with my responses, they should arrest me and question in custody.” said Sanjay Singh. “We also lodged a complaint against the police for not following the procedure and not giving us a copy of the FIR.” said Rishikesh Kumar, advocate representing AAP leders, giving out illegalities in the procedure followed by the police.
IndoSwede Partnering in India’s Progress
PM Narendra Modi greeted the PMs of Sweden and Finland at Make In India Centre in Mumbai. He later met a host of dignitaries from around the world who have come for the Make in India Week in Mumbai.
Accompanied by international guests, PM Modi toured the Make In India Centre and inaugurated the Make In India design centre.
Using technology for a tele-inauguration PM Modi & PM Juha Sipilä of Finland inaugurated the new manufacturing unit of Trivitron healthcare in Chennai. PM Modi invited Finland to MakeInIndia in innovation, engineering, power plants and biotechnology.
By building an #IndiaSweden connection through #MakeinIndia, PM Modi also met with Swedish PM Stefan Löfven in Mumbai. He lauded Sweden for being the largest participant under #MakeInIndia and invited partnership in defence, electronic goods. medical equipment etc.
After Finland and Sweden, PM met with Deputy PM of Poland – Piotr Glinski and recalled long association of Gujarat through Jamnagar with Poland.
+11
Swedish PM Stefan Löfven & PM Narendra Modi.
Productive talks on strong relations in trade, commerce & other areas between Swedish PM Stefan Löfven & PM Narendra Modi.
Hillary Clinton: Naresh, last night was one of my last debates
Feb 12 at 10:29 PM
Super Tuesday is in 18 days.
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