Canadian Deputy Prime Minister Chrystia Freeland was stumped when a journalist questioned her about the government’s change of heart about the murdered Khalistani of terrorist Hardeep Singh Nijjar. The recent “tribute” or silence observed by the Canadian Parliament to mark his one-year death anniversary was brought up by the journalist during a press conference. The journalist highlighted that during the Khalistani separatist’s lifetime, the Canadian government regarded him as a threat, but paid him tribute after his death.
“I have a question regarding Hardeep Singh Nijjar. This week, the Canadian Parliament paid tribute to him but before his assassination, he was on the ‘no-fly list’ and the same government put him there. His bank accounts were frozen. What’s behind all of this sudden change,” the journalist asked.
Chrystia Freeland @cafreeland is stumped with this question asking why Hardeep Singh Nijjar who, before his death was on the no-fly list and his bank accounts were frozen, now after his death he is being given tribute in the parliament….what exactly changed?
Chrystia Freeland who is also the Finance Minister was caught off guard by the question. She first thanked him and called it an “important question” after which she tried to scrabble together an appropriate response. She said, “I do want to start by saying that this week was a very sad and solemn anniversary of the murder. I was in the House of Commons and I guess all three of us were (referring to the two men sitting beside her). It was important to have a moment of silence to recognise this was the murder of a Canadian in Canada on Canadian soil and that is entirely unacceptable. Second of all, I do want to say I was very proud of the prime minister and of the strong position he took after the murder.”
She further alleged, “It was the right thing to do but it wasn’t an easy thing to do and the prime minister made absolutely correctly very clear that for the government of Canada, for our government all Canadians are the same, all Canadians have the same rights and murder on Candian soil is just not allowed. The government of Canada will enforce our laws and protect all Canadians regardless of who is threatening them and what the consequences might be. Doing that was a big thing for the prime minister and I think all of us should face safer and more secure knowing that he will stand for Canadians and against the killers of Canadians no matter what.”
Chrystia Freeland thanked MP Randeep Singh Sarai and MP Sukhminder Singh Dhaliwal “specifically” who raised the issue directly with her and the prime minister and reiterated, “We also had intelligence information but they were very very strong in ensuring that we understood what was happening in the community and threats that people were facing.”
However, Chrystia Freeland completely avoided the question of why the sudden support for Nijjar after his death when the same govt had put restrictions on him when he was alive. The minister didn’t comment anything on why Nijjar was on a no-fly list, why his bank accounts were frozen, and why such a person was paid tribute in the parliament.
The assassination of Hardeep Singh Nijjar on 18th June 2023, in Surrey Canada, continues to strain the relationship between India and Canada. Ottawa has relentlessly accused India of the murder on the basis of “credible allegations,” however, in the absence of any evidence. On the other hand, New Delhi has repeatedly slammed Justin Trudeau’s administration for pandering to the separatist elements for political gains. Notably, four Indian nationals Karan Brar, Amandeep Singh, Kamalpreet Singh and Karanpreet Singh who were linked to Lawrence Bishnoi gang were arrested in May 2024 for killing him.
On the 20th of June, Congress MP Jairam Ramesh lamented that seven-time MP and BJP leader Bhartruhari Mahtab has been appointed as the protem speaker of the 18th Lok Sabha instead of 8 term Congress MP Kodikunnil Suresh.
Taking to X, Jairam Ramesh attacked the Modi government alleging deviation from the tradition of appointing senior-most MP regardless of party line as the protem speaker.
“By convention, the MP who has served the maximum terms is appointed Speaker Protem for the first two days when oath is administered to all newly elected MPs. The seniormost MPs in the 18th Lok Sabha are Kodikunnil Suresh (INC) and Virendra Kumar (BJP), both of who are now serving their 8th term. The latter is now a Union Minister and hence it was expected that Kodikunnil Suresh would be the Speaker Protem. Instead, a 7-term MP, Bhartruhari Mahtab has been appointed Speaker Protem. He was a BJD MP for 6 terms and is now a BJP MP,” Ramesh posted.
Meanwhile, senior Congress leader KC Venugopal deemed the appointment of Bhartruhari Mahtab as protem speaker as an attempt at “destroying parliamentary norms.” Venugopal also invoked merit and seniority to attack the ruling dispensation for breaking the ‘unquestioned norm’.
“In yet another attempt at destroying parliamentary norms, Mr. Bhartruhari Mahtab (a 7-term MP) has been appointed the Pro-Tem Speaker, superseding Sh. @kodikunnilMP, who will be entering his 8th term. It is an unquestioned norm that the senior most MP presides over the proceedings of the House before the Speaker is duly elected. It is a matter of immense pride for our party that K Suresh, a leader from the marginalised section of society, has achieved this feat of being an 8-term MP. The government should explain why it chose to overlook K Suresh, what was the factor that disqualified him from this post? Are there deeper issues influencing this decision, perhaps beyond just merit and seniority?” the Alappuzha MP posted on Thursday.
What does the law say about the appointment of a Protem speaker?
The protem speaker of the Lok Sabha is a temporary position appointed to preside over the first meeting of the newly elected Lok Sabha. The official ‘Handbook on the Working of Ministry of Parliamentary Affairs’ mentions the appointment and functions of a protem speaker.
The president appointed Mahtab as the protem speaker under Article 95(1) of the constitution. This article states that when the post of speaker is vacant, the duties will be performed by the Deputy Speaker. And if the officer of Deputy Speaker is also vacant, the president can appoint a member of the house as the speaker. Thereby, as there are no speaker and deputy speaker of the newly elected Lok Sabha, the president named Bhartruhari Mahtab as the protem speaker. The job of the protem speaker is to administer the oath of the newly elected members, after which the members will elect a permanent speaker.
Also, there are other Constitutional provisions that indirectly touch upon the role of the protem speaker. These include Article 94: Concerning the Speaker and Deputy Speaker, Article 95: Detailing the absence of the Speaker and Deputy Speaker, and Article 93: Mandates the Lok Sabha to choose two members to be Speaker and Deputy Speaker.
Moreover, Article 99 states “Every Member of the House shall, before taking his seat, make and subscribe before the President or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule of the Constitution.”
The primary duty of the protem speaker is to administer the oath of office to new members of Parliament and to oversee the election of the regular Speaker of the Lok Sabha. After the new Lok Sabha MPs are elected, a list comprising the names of the senior-most members of the Lok Sabha is prepared. The seniority is decided by total tenure as a member of the Lok Sabha. The President then appoints one of the MPs from the list who acts as the Speaker pro-tem, on the recommendation of the prime minister.
Some other members are also named under Article 99 to help the protem speaker in conducting the oath. This time, Lok Sabha members Suresh Kodikunnil, Thalikkottai Rajuthevar Baalu, Radha Mohan Singh, Faggan Singh Kulaste and Sudip Bandyopadhyay have been appointed for this role. Notably, while the handbook talks about 3 associates, this time 5 members have been named to assist the protem speaker.
“After the approval of the Prime Minister, the consent of these Members is obtained by the Minister of Parliamentary Affairs, generally over the telephone. Thereafter, the Minister submits a note to the President (Annex II-C) seeking his approval to the appointment of the Speaker pro tem and the other three Members and also seeking the convenience of the President to the date and time of the swearing-in ceremony, the Handbook states.
The protem speaker is appointed by the President of India. The appointment of a protem speaker is usually made based on the recommendation of the Union Cabinet and is sworn in by the President before assuming the duties.
“The President administers the oath to the Speaker pro tem in the Rashtrapati Bhawan. The other three Members appointed by the President to assist him in administering the oath/ affirmation are administered the oath/affirmation by the Speaker pro tem in the Lok Sabha. The Speaker pro tem then administers the oath/affirmation to the newly elected Members with the help of the three persons so appointed by the President…” the Parliament handbook reads.
While traditionally, the seniormost and non-controversial member of the Lok Sabha is appointed as the protem speaker, this practice is based on convention rather than any statutory requirement. The simple idea is that a senior member would have the requisite experience and respect of the house to carry out the duties effectively.
Is the ‘norm’ of appointing senior-most MP as protem speaker broken for the first time?
Interestingly, while the Congress party is upset over Kodikunnil Suresh not being appointed as the protem speaker, the so-called tradition of appointing the most senior member as the protem speaker was not followed in certain instances. For instance, in 1956, when Jawaharlal Nehru secured an easy second term, Sardar Hukam Singh was appointed to the post instead of the senior-most member. Similarly, in 1977, after the national emergency ended, D N Tiwari was appointed as the protem Speaker despite not being the most senior member of the House.
In the recent case of 2019, Virendra Kumar, a seven-term member of the Lok Sabha, was appointed as the pro-tem Speaker. It is worth mentioning that Maneka Gandhi, an eight-term member, held seniority in the previous Lok Sabha. Therefore, it is evident that the appointment of a protem speaker based on factors other than seniority is not unprecedented.
What the Supreme Court said on the appointment of protem speaker
Back in 2018, the Congress and its then ally JD(S) had moved the Supreme Court challenging the appointment of BJP MLA KG Bopaiah as the Protem Speaker of the Karnataka Assembly for the floor test since he was not the seniormost MLA. Justice S A Bobde, however, reminded the Congress party’s counsel Kapil Sibal of Balasaheb Vikhe Patil’s appointment as the protem speaker in 2004 when Congress-led UPA came to power even though Sis Ram Ola was the senior-most MLA at that time.
Another such incident discussed in the court at that time, was when Pradeep Balmuchu was appointed the protem speaker of the Jharkhand assembly in 2005 even though Inderjeet Namdhari was the seniormost MLA.
Sibal although admitted that there is no rule that the seniormost leader has to be appointed the protem speaker, he asked the court to stop the BJP MLA appointed to post from taking up the floor test.
The triviality of Congress’s resentment
While seniority has often been a key factor, there have been instances where other considerations influenced the appointment. For instance, political dynamics, the need for neutrality, and the government’s preference have played roles in deciding the Protem Speaker. This flexibility allows for a pragmatic approach in selecting a suitable candidate who can efficiently handle the responsibilities, even if they are not the seniormost MP. It must be noted here that Bharturhari Mahtab is the first ever Lok Sabha protem speaker hailing from Odisha.
Given the temporary and procedural nature of the Protem Speaker’s role, the uproar seems disproportionate. Congress focus should be on the seamless functioning of parliamentary processes rather than on who holds this temporary position and also take look at its own past conduct. Moreover, since the appointment is at the President’s discretion, based on the advice of the Union Cabinet, political considerations inevitably come into play, which is a common aspect of parliamentary democracies. Congress being the grand old party should understand it better and find some real issues to criticise the government.
Social media websites were recently awash with claims that cracks have emerged on the newly constructed Atal Setu bridge, popularly known as the Mumbai Trans Harbour Link (MTHL), rendering it dangerous to travel for commuters.
Maharashtra Congress chief Nana Patole inspected the site to examine the cracks and expressed significant concerns regarding commuter safety.
“I am here to demonstrate that our claims are not mere accusations. The government presents itself as working for the people, but evident corruption contradicts this. They are enriching themselves at the expense of public safety. Who granted them the right to endanger people’s lives? It’s time for the public to consider how to remove this corrupt government,” Patole stated.
Shortly after Patole’s visit, social media platform X was abuzz with claims that cracks had developed on the newly constructed Atal Setu, with Congress supporting troll accounts accusing the BJP government in the state and the centre of corruption.
Ashish Singh, an X user with over 28,000 followers who often promotes Congress talking points and routinely lionises Rahul Gandhi, shared a video of Patole’s visit and tweeted, “See the cracks on the bridge.”
Source: X
Another Congress troll account shared a picture of actor Rashmika Mandanna, who had featured in a video promoting the Atal Setu bridge, with a picture of cracks on a road and claimed that people are facing trouble due to them. The post was flagged by X’s community notes.
Source: X
Ankit Mayank, another Congress IT troll, shared the video of Congress leader Nana Patole inspecting a road and tweeted, “This is the current state of the bridge, with cracks all over it. This is the scale of corruption by BJP Govt.” Mayank also levelled grave allegations against PM Modi and Shah, insinuating that “two Gujjus” are looting Maharashtrians in plain sight.
Source: X
Some news organisations also shared videos of cracks on a road stating that just first rainfalls in the city had caused cracks on the Atal Setu bridge which was built at a staggering cost of Rs 17,500 crores and inaugurated by PM Modi this January.
India Today and Times Now also published articles saying that cracks had developed on the recently inaugurated Atal Setu bridge in Mumbai.
Source: India TodaySource: Times Now
As rumours of cracks being developed on the Atal Setu bridge started doing the rounds on the internet, Kailash Ganatra, the project head of Atal Setu Package 4 from Strabag Company, dismissed them as baseless.
Govt official rubbishes claims of cracks on Atal Setu bridges, says pictures of cracks circulated on SM are from temporary service road
In conversation with IANS, Ganatra clarified that there were no cracks on the Atal Setu bridge and pictures being reported are of the approach road connecting MTHL to Mumbai from Ulwe. He explained that the service road was constructed as a last-minute temporary connection because there was no coastal road. Ganatra also addressed the issue of cracks on the road, stating that they were minor and caused by the rain, and assured they would be filled by tomorrow evening.
“We want to make it clear that the cracks are not on the bridge itself, but on the approach road connecting MTHL to Mumbai from Ulwe. During an inspection conducted by the operations and maintenance team on June 20, 2024, small cracks were found at three spots on the road surface near the edges of Ramp 5 (the ramp heading towards Mumbai).”
Mumbai: "This is a service road, a temporary connecting line, and part of the main bridge. It was constructed at the last moment due to the coastal road not being built. These are minor cracks, and construction work has already started," says Kailash Gantara, Project Head of Atal… pic.twitter.com/V7Fhfzlvsn
Further adding that the cracks are completely normal and don’t denote any structural issues with the road, Ganatra said, “These cracks are small and located at the edges of the road. It is important to note that these cracks are not due to any structural defect. They are minor cracks in the asphalt pavement and can be repaired. The contractor for Package 4, Messrs. Strabag, has already started the repair work. The repairs will be completed within 24 hours.”
The highly anticipated Mumbai Trans-Harbour Link Bridge, connecting Mumbai to Navi Mumbai, was inaugurated by Prime Minister Narendra Modi on January 12. Cars will have to pay a toll of ₹250 on MTHL, while buses and trucks (2-axle) will have to pay ₹830. Additionally, return trips, day passes, and monthly passes will be available for frequent travellers.
The fake news peddled by Congress troll accounts and supporters, however, is in sync with the party strategy as witnessed during the Lok Sabha elections 2024, when malicious fake news and disinformation like the doctored video of Union Home Minister Amit Shah claiming they will end reservations, were in circulation on the internet and had reportedly caused grave damage to the BJP. The recent attempt to stoke unfounded fear among people by claiming cracks are developing on the Atal Setu bridge and rally them against the BJP government months ahead of the Vidhan Sabha polls seems right out of Congress’ LS election playbook.
Artificial Intelligence (AI) technology is being used by extremist groups to spread hate and propaganda against Indians, especially the Hindu community.
On Thursday (20th June), the Middle East Media Research Institute (MEMRI) published a 223-page report about the exploitation of AI by neo-Nazis, white supremacists and anti-government extremists for their hateful agenda.
On Page 12 of the report, the American think-tank pointed out how voices and audio clips of prominent personalities were being manipulated/cloned/emulated to disseminate racist narratives. A case in point was the targeting of Indians as ‘subhuman.’
Screengrab of the front page of the MEMRI report
MEMRI pointed out that on 2nd April this year, a neo-Nazi identified as Christopher “Hammer” Pohlhaus forwarded a racist video from an extremist group called ‘AZOV Ukraine Supporters’. The video used an AI-generated voiceover of historian David Attenborough to make dehumanising remarks about Indians.
OpIndia has found that the said video has since been widely shared by Islamists to spread vitriol against the Hindu community. The transcript of the video reads as –
“India (is) a country shrouded in mystery. It is a cursed land and quite possibly the most disgusting country on earth today. Some may even say it is the worst country to ever exist. In this godforsaken land, the native Indian Hindu, more colloquially known as the Pajeet, breeds out of control like a plague of rats. Often defecating in the open with no regard for its native habitat, the Pajeet spreads across the face of the earth like a cancerous tumour, consuming all in its path while the world watches on in disgust and horror.
Screengrab of an Islamist handle posting the derogatory video
With almost 1.4 billion Pajeets and rising, our mother earth buckles under the terrible strain as these creatures rapidly multiply in their own filth with seemingly no end in sight. Although they are incredibly disgusting and unhygienic creatures, somehow the Pajeet manages to procreate and thrive in its horrible surroundings. Often mutated due to its toxic environment, the Pajeet wallows in superstition. Its life is one of never-ending death, never-ending defecation, and even more, never-ending degeneracy.To gaze at India is like looking into the very mouth of hell itself.”
As evident from the transcript, the video is not just targeted at Indians but also the Hindu community. The AI-generated video degrades practitioners of Hinduism as ‘rats’, ‘cancerous tumour’, ‘open defecators’, and ‘disgusting and unhygienic creatures.’
A dehumanising term called ‘Pajeet’ (popularised by radical Muslims) is also used to depict Hindus as ‘unworthy of being called human beings’.
Screengrab of handle re-posting the derogatory AI-generated documentary targeting Indians, especially Hindus
On further investigation, OpIndia found that the same extremists had created a 1 hour 22-minute long AI-generated documentary using the voiceover of David Attenborough.
Fantasy of post-colonial invasion in India
On Page 47 of its report, MEMRI highlighted that a neo-Nazi magazine named ‘Sunflower Society’ urged white men in March 2023 to wreak havoc on India through Artificial Intelligence and create a new world order based on expansion and conquest.
Interestingly, an article to this effect was published with the title ‘AI: Route to India.’ It read, “For young white men, freedom has often been available only via conquest and expansion, discovery on the bleeding edge of innovation…Enter Artificial Intelligence. The Luddite impulse at first glance is somewhat understandable.”
“AI is going to wreak havoc and is definitely going to liquidate a massive amount of the job market, particularly fields that up to now have been considered safe, and prestigious. For us, young, intelligent, dispossessed white men it has the potential to be nothing short of salvific,” it further added.
Screengrab of the neo-Nazi ‘Sunflower Society’ magazine, images via MEMRI
In the hopes of a modern-day, post-colonial conquest, the neo-nazi magazine announced, “AI is a new frontier, a new path to India is opening before our eyes. We need only take hold of it.”
Fearmongering about demographic change in UK
The Middle East Media Research Institute (MEMRI) exposed how white supremacists had been scaremongering about demographic change in the United Kingdom and using Indians as bait to allege the growing presence of immigrants in the country.
On Page 183 of the report, the American think tank highlighted the case of an Australia-based white supremacist named Blair Cottrell who shared an AI-generated image of a British soldier being jeered on by brown people waving the Indian flag.
Cottrell posted the image on Telegram on 3rd November 2023 with a quote from a controversial Conservative UK leader named Enoch Powell.
Screengrab of the Telegram Post of Blair Cottrell via MEMRI
“Have you ever wondered why opinions which the majority of people hold are, if anyone dares express them publicly, denounced as ‘controversial, ‘extremist’, ‘disgraceful’, and overwhelmed with a violence and venom quite unknown to sensible debate? It is because the whole power of the aggressor depends upon preventing people from seeing what is happening and from saying what they do see,” he had written in his Telegram post to pass off his racist views as belonging to someone of contrarian disposition.
Opindia participates in MEMRI media roundtable
On Tuesday (18th June), OpIndia’s Assistant Editor attended the media roundtable, hosted by the Middle East Media Research Institute to discuss its report on AI’s misuse by extremist groups.
Following a brief presentation by MEMRI’s Director Dr Simon Purdue, OpIndia sought answers to 2 important questions:
Are AI-generated images targeted more towards one community (Jews) as compared to others? You have cited one example of Hindus being dehumanised for instance.
Can legal action (besides content removal by respective social media platforms) be taken against those creating and disseminating harmful and offensive AI images/videos?
OpIndia received satisfactory answers to these questions as well as a copy of the research report prepared by MEMRI.
On Tuesday (18th June), one Aurangzeb, also known as Mohammad Farid, died in strange circumstances in Uttar Pradesh’s Aligarh district after which several Hindu traders and businessmen have been accused of his murder. The deceased’s family members have filed a case against the ten identified as the accused, alleging murder. So far, six accused have been arrested. At the same time, the Hindu accused’s family members have stated that Aurangzeb was a thief who invaded their homes intending to steal.
The Udyog Yuva Vyapar Mandal in the Mamu-Bhanja area of Aligarh has formed a support group for the accused Hindus. On 20th June, several businessmen submitted a memorandum to the local BJP MP, claiming themselves to be victims of the thieves. In the given case, they have alleged that the Hindu members are unnecessarily being targeted under the wrong sections for raising their voices against Halal products.
The Gandhi Park police station covers the Mamu-Bhanja area in Aligarh. The area includes Radio Market, which is home to hundreds of traders. The majority of the traders here are Hindus. Approximately half a dozen of the accused in the murder of Farid alias Aurangzeb are local businesspeople who operate in a variety of industries here.
Satish Gautam, the BJP MP from Aligarh, visited this market on Thursday, June 20. Dozens of businessmen gathered here and presented him with a memorandum. The memorandum states that in the incident in which action was to be taken under Section 304 (culpable homicide that does not amount to murder) of the IPC, Section 302 (murder) of the Indian Penal Code has been imposed due to pressure from Muslims.
Sections of culpable homicide imposed
Many businessmen, including Rajesh Garg, Rahul Garg, Sunil Rajni, Pankaj Aggarwal, and Kishan Arora, claim that they had no prior enmity with the deceased Aurangzeb. The businessmen accused in this case have no criminal background. As a result, this incident was not intentional.
It is reported that Aurangzeb was caught while stealing. Following this, people got angry and beat him up. The accused say that Aurangzeb was turned over to the police alive. If Aurangzeb dies later, a case should be made for culpable homicide, which is not murder and does not fall under Section 302 of the Indian Penal Code.
Targeted after supporting action on Halal products
In the memorandum handed to the BJP MP, the traders stated that they are the target of conspirators both domestically and internationally. According to Vyapar Yuva Mandal, the major reason for the conspiracy against them is a boycott of Halal items. According to dealers, the market fully supported the Uttar Pradesh government’s action against Halal items in February 2024.
All market traders were prohibited from purchasing or selling halal goods. Traders claim that the boycott is being used to express anger by labeling them murderers and imposing other charges. They also say that tweets from outside and the actions of some local suspects back up his assertions.
The traders have also expressed apprehension in their memorandum that in the coming future, the traders of the Mamu-Bhanja area may be made victims of some conspiracy or the other. All of them have collectively demanded protection from the government. He also accused him of spreading propaganda to defame businessmen.
It is all propaganda so that thieves and dacoits can easily rob us
According to the memorandum handed to the BJP MP by local traders in Aligarh, the goal of disseminating such propaganda is also to ensure that if theft or other problems occur at their location in the future, they will not report out of fear. All of them agreed that numerous robbers had previously been apprehended here, the majority of whom belonged to a specific community (the Muslim population).
Traders claim that such shared angles are being circulated as part of a conspiracy, resulting in massive losses for their businesses. Traders have also alleged that the controversy over the incident is being generated so that traders will continue to tolerate theft and other instances without taking action.
On Friday, June 21, the Delhi High Court temporarily suspended the order that granted bail to Delhi Chief Minister Arvind Kejriwal in the money laundering case linked to the liquor policy issue.
The court put a hold on the bail order’s implementation until a final decision is made on the stay application submitted by the Directorate of Enforcement (ED).
“Arguments have been heard. I am reserving this order for two to three days. Order reserved. Until the decision is pronounced, the implementation of the challenged order will remain stayed,” the Court ruled.
Justice Sudhir Kumar Jain, presiding over the vacation bench, issued this order while serving notice on the ED’s petition, which contested the trial court’s decision from the previous day that granted bail to Kejriwal.
The matter was addressed today following an urgent request made by the ED’s counsel earlier this morning before the Court.
Sunita Kejriwal, the wife of Mr Kejriwal, and leaders of the Aam Aadmi Party (AAP) planned to visit Tihar Jail at 4 pm today to meet the Delhi Chief Minister.
Delhi court granted bail without reading documents: ED
The Enforcement Directorate moved the High Court against the bail order today, and now it has been revealed that the lower court called ED’s arrest of Kejriwal ‘mala fide’ and granted bail without reading documents submitted by both parties.
In the judgement, the judge said that it is not possible to go through thousands of pages of documents at this juncture. But the court still decided that ED’s action was mala fide and granted bail to Arvind Kejriwal. The court also refused to hear ED’s arguments against the bail and asked ED’s counsel to present his arguments very briefly. The bail order was issued hurriedly at around 8 pm yesterday, and the order was not uploaded due to lack of time.
Arguing against the bail order, Additional Solicitor General SV Raju said that the trial court didn’t hear ED’s arguments, and didn’t look at documents given by ED saying it is voluminous. “Court says bulky documents have been filed. There can’t be any more perverse order than this,” the ASG said. He said that the court must go through the submitted documents.
“Without going through documents filed by both sides, without giving us the opportunity the matter is decided. The court must pass an order by law. Without going to documents how can you say it’s relevant or not relevant?” the ED counsel said.
Yesterday, a Delhi court granted Mr Kejriwal’s release on a personal bond of ₹1 lakh with certain conditions, including that he would not interfere with the investigation or influence witnesses. The court accepted Mr Kejriwal’s argument that the investigation agency had not provided sufficient evidence since his arrest on March 21.
This bail came after multiple attempts in trial courts where Mr Kejriwal was repeatedly denied bail. He has remained in his position as Delhi Chief Minister despite calls for his resignation from the ruling Bharatiya Janata Party.
In May, the Supreme Court granted Mr Kejriwal interim bail for election campaigning, but he returned to prison two days before the results were announced.
The Enforcement Directorate (ED) arrested Mr Kejriwal on money laundering charges related to the 2021-22 Delhi liquor policy, which was later revoked after objections from the Lieutenant Governor. The ED alleges that funds received from liquor vendors were used to finance the AAP’s campaign in Goa, where Mr Kejriwal serves as the party’s convenor.
The Bombay High Court on Friday acknowledged that the families of two IT professionals who died in the Porsche accident in Pune’s Kalyani Nagar last month are undoubtedly traumatized, but also noted that the accused teen involved in the accident was likely in “shock” as well. This observation was made during the hearing of a plea filed by the accused’s aunt, who is seeking his immediate release.
In her petition, the minor accused’s paternal aunt asserted that the Pune police had been unlawfully detaining the minor in a remand home and demanded his prompt release. She argued that the police were guilty of “abuse of process and blatant disregard for the rule of law.”
The 17-year-old, whom the police allege was intoxicated while driving the luxury Porsche that fatally struck two bike-riding techies, Aneesh Awadhiya and Ashwini Koshta, in the early hours of May 19, is currently held at an observation home in the city.
“There is no denying the unfortunate nature of the accident. The families of those who lost their lives are understandably in shock. However, the minor responsible for the accident, who was intoxicated at the time, is also traumatized. It is reasonable to assume that his mental state has been negatively impacted,” observed a division bench of Justices Bharati Dangre and Manjusha Deshpande during the hearing of the plea.
The bench questioned the procedure of remanding the minor to an observation home despite being granted bail. “What kind of remand is this? What is the authority behind this remand? How can someone be granted bail and then taken into custody? He is now confined to an observation home despite being granted bail. Is this not a form of confinement? We need to know the basis of your authority,” the High Court stated. The court reserved its order on the plea, which will be issued on June 25.
Last week, the Juvenile Justice Board (JJB) extended the minor’s remand at the observation home until June 25. The boy’s parents are in police custody for allegedly swapping his blood samples at Sassoon General Hospital, with two doctors and a hospital employee also arrested for manipulating the samples. The boy’s grandfather, Surendra Agarwal, was arrested for allegedly kidnapping the family’s driver and pressuring him to take the blame for the accident.
The police have submitted their final report to the JJB, presenting all evidence against the minor. “We have provided comprehensive evidence to the JJB proving he was driving the Porsche from his house on the evening of May 19 until the accident occurred,” a crime branch officer said, adding that the report supports their plea to try the juvenile as an adult.
“The report includes corroborative statements from eyewitnesses, CCTV footage, and evidence of him consuming alcohol at Cosie Restaurant and Blak Club. It conclusively demonstrates that the juvenile, in an intoxicated state, was driving the car and caused the deaths of two riders,” he explained.
The Karnataka government’s decision to hire “The Boston Consulting Group” (BCG) as a consultant appears to have divided the Congress party as Praveen Chakravarty (Chairman – Professionals’ Congress & Data Analytics) joined voices with the Bharatiya Janata Party BJP to criticise Chief Minister Siddaramaiah administration’s move to recruit the consulting giant in an attempt to increase revenue to fulfil its five election guarantees. The company will take a hefty Rs 9.5 crore for a six-month period. The finance department turns to BCG as a consultant to help “unlock” budgetary potential.
The Congress leader took to X (formerly Twitter) and expressed his opposition and stated that if one outsources essential political duties to outside, for-profit transactional consultants to win elections, then they must similarly outsource essential policy operations to the such consultants to govern.
If one wins elections by outsourcing core political functions to external fee charging transactional consultants, then one also governs by outsourcing core policy functions to similar consultants!https://t.co/O7xgk3T1mZ
However, later Praveen Chakravarty attempted to downplay his outspoken disapproval of the Karnataka government’s and referred to it as his “personal opinion”. Chakravarty also apologised for his comments after other Congress leaders slammed him. He claimed, “In retrospect, I should have been much more sensitive about the context. It was absolutely not intended as a personal criticism of any, let alone my own party’s. I have spoken with and expressed my apologies for causing inadvertent harm to the leadership in Karnataka.”
I posted my pvt opinion on the broader culture of outsourcing core political & policy functions to outside consultants with no ‘skin in the game’. It’s an issue that is debated widely in research circles & my comment was purely academic.
“What is the need of the BCG when a self-proclaimed economist like Siddaramaiah is the chief minister,” Leader of the Opposition of the Karnataka Legislative Assembly questioned and highlighted, “Not sure whether it will boost the revenues of the state government, but it will definitely boost the revenues of a private consultancy firm (sic) at the cost of Karnataka’s taxpayers.”
The Congress administration was also criticised by BJP state unit president BY Vijayendra for their “outrageous” decision to employ a “foreign” consultant. He declared, “This is akin to handing over the reins to the East India Company.” The politician further charged, “When the state government operates under the directions of an external agency, the welfare of the people takes a backseat, and innocent citizens are the ones who suffer.”
There is pressure on the Congress government to raise Rs 50,000-60,000 crore annually to fund development projects and carry out the five guarantees which would benefit 5.10 crore individuals in Karnataka at the cost of Rs 36,000 crore from the state’s coffers in 2023–2024. The five promises are Anna Bhagya (10 kg of rice per month to every member of BPL families), Yuva Nidhi (Rs 3,000 dole to unemployed graduates and Rs 1,500 to unemployed diploma holders for two years in the 18 to 25 age group), Shakthi (free travel for women across Karnataka in state buses), Gruha Lakshmi (Rs 2,000 to every woman head of a family) and Gruha Jyoti (200 units electricity free to every household).
This fiscal year, Chief Minister Siddaramaiah has allotted Rs 52,009 crore for the programmes. According to reports, the BCG recommended in its draft report that the government concentrate on finding new revenue streams in industries like mining and asset monetisation. One proposal, for instance, is to commercialize around 25,000 acres of property close to Bengaluru. The Karnataka government is reportedly considering creating planned satellite cities in and around Bengaluru as well as in Bidadi, Anekal, Hoskote, Devanahalli and Doddaballapur.
“When we create infrastructure, housing, industrial layouts, and IT corridors, then it will increase the value of land and some amount of land can be monetised to raise funds for development,” a source unveiled. He added that efforts are being explored to enhance expenditure management in departments including public works, electricity, irrigation, rural development and Panchayati Raj.
Additionally, the state administration is looking for creative ways to raise money. The state administration hopes to raise an extra Rs 5,000 crore every fiscal year if these recommendations are put into practice. More GST and property tax compliance, according to Additional Chief Secretary (Finance), LK Ateeq, would also assist in increasing revenue.
The consultant’s responsibilities encompassed devising strategies to augment tax and non-tax earnings, reducing expenditures, investigating inventive funding avenues, cultivating public-private partnerships (PPPs), using technologies to seal gaps and capitalizing on assets. Targeted interventions are going to focus on four main departments: public works, energy, rural development and irrigation. New revenue streams within departments, such as mining and forests will also be sought out.
A few days ago, the state government announced an increase in the fuel cess on petrol and diesel which caused fuel prices to rise. Karnataka Sales Tax (KST) on gasoline was increased by the government from 25.92 per cent to 29.84 per cent, and on diesel from 14.3 per cent to 18.4 per cent with effect from 15th June. According to the Petroleum Dealers Association, this will likely result in an increase in gas and diesel prices in the state of about Rs 3 and Rs 3.05, respectively. “We need money for Guarantees and development, hence there has been an increase in fuel price,” said State Minister for Commerce and Industries MB Patil.
“The water tariff has not been increased in Bengaluru in the last 10 years. There has been a great loss. We have to take on new projects. No bank is coming forward to finance the Bangalore Water Supply and Sewerage Board (BWSSB). Every year we are suffering a big loss,” claimed Karnataka Deputy CM DK Shivakumar while addressing the media recently, insinuating a possible hike in water tariffs in the state.
On the 20th of June 2024, the Patna High Court overturned the 65% reservation quota for backward classes, extremely backward classes (EBC), scheduled castes (SCs), and scheduled tribes (STs) in Bihar. The Court stated that the Bihar Reservation of Vacancies in Posts and Services (Amendment) Act, 2023, and the Bihar (In Admission in Educational Institutions) Reservation (Amendment) Act, 2023, were unconstitutional and violated the equality clause of Articles 14, 15, and 16 of the Indian Constitution.
#BREAKING Patna High Court observes that the #Bihar Govt did not do any in-dept study before increasing SC/ST/OBC reservation to 65%.
"State proceeded on the mere proportion of population of different categories as against their numerical representation in govt services and… pic.twitter.com/dDgFuAG1CX
In March, the high court reserved judgment on writ petitions challenging the constitutional validity of increasing reservation quotas for backward, extremely backward classes, scheduled castes, and scheduled tribes from 50% to 65% in government jobs and higher education institutions in Bihar. A division bench comprising Chief Justice K Vinod Chandran and Justice Harish Kumar reserved judgment after hearing 10 writ petitions filed by Gaurav Kumar and others.
“The State attempted no in-depth study or analysis before providing for enhancement of the reservation percentage established from the records. The State proceeded on the mere proportion of the population of different categories as against their numerical representation in govt services and educational institutions…,” the High Court said.
HC strikes down the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes and Other Backward Classes) Amendment Act, 2023 and the Bihar Reservation (in Admission to Educational Institutions) Amendment Act, 2023 for breaching the 50%… pic.twitter.com/wqUsyHATbF
“We, hence, set aside the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes and Other Backward Classes) Amendment Act, 2023 and the Bihar Reservation (in Admission to Educational Institutions) Amendment Act, 2023 as ultra vires the Constitution and violative of the equality clause under Articles 14, 15 and 16. The Writ Petitions are allowed leaving the parties to suffer their respective costs,” the Patna High Court ruled.
Notably, the PIL had argued that these amendments violated the 50% cap on reservations established by the Supreme Court in the Indira Sawhney case (also known as the Mandal Commission case). The petitioners contended that the state’s decision to exceed this cap without demonstrating exceptional circumstances was unconstitutional. They also asserted that the reservation percentages should be based on adequate representation rather than proportional representation of these classes within the state.
It is pertinent to mention that the RJD-JDU-led Bihar government’s amendments in November last year, based on a state-wide caste census, increased reservations to 20% for Scheduled Castes, 2% for Scheduled Tribes, 18% for Other Backward Classes, and 25% for Extremely Backward Classes, with an additional 10% for the Economically Weaker Sections, bringing the total to 75%.
The Patna High Court’s decision underscores the ongoing legal and political complexities surrounding caste-based reservations in India, emphasising the need for adherence to constitutional limits and judicial precedents when implementing such policies.
Meanwhile, Rashtriya Janata Dal (RJD) leader and former deputy CM of Bihar, Tejashwi Yadav has blamed the Bharatiya Janata Party (BJP) for the striking down of 65% reservation cap. He also accused the BJP-led Central government of deliberately delaying the inclusion of the now-scrapped laws in the Ninth Schedule of the Indian Constitution.
बीजेपी के लोग घोर आरक्षण विरोधी है। हमें तो पहले से संदेह ही नहीं बल्कि पूर्ण विश्वास था कि ये लोग दलितों, आदिवासियों, पिछड़ों और अतिपिछड़ों के आरक्षण को बढ़ने से रोकने एवं समाप्त करने का प्रयास करेंगे। हमारी सरकार के जाति आधारित सर्वे को भी इन लोगों ने हर स्तर पर रुकवाने की… pic.twitter.com/MgRF3TIACl
How the courts scrapped similar laws in other states in the past
Increasing caste reservations beyond the 50% cap by political parties in India is often seen as a populist strategy aimed at securing votes from specific communities. While it appears to address social inequities, this approach undermines the principle of meritocracy and violates constitutional guidelines. Other than Bihar, governments in other states have also attempted to increase reservations beyond the 50% cap.
Supreme Court scraps Maratha reservation
In 2018, Maharashtra passed the Socially and Educationally Backward Classes (SEBC) Act, providing a 16% reservation for the Maratha community. This led to the total reservations in the state exceeding 50%, which was contested in the Bombay High Court. In 2019, the Bombay High Court upheld the Maratha reservation but reduced it to 12-13%. The case eventually reached the Supreme Court, which in 2021 struck down the SEBC Act, citing that the law violated the 50% cap established by the 1992 Indra Sawhney judgment and that there were no extraordinary circumstances to justify exceeding this limit.
Gujjar reservation in Rajasthan
The Gujjar community in Rajasthan has long demanded inclusion in the reservation system to address their socio-economic backwardness and has also led agitations for the same. The state governments led by BJP’s Vasundhara Raje and Congress’s Ashok Gehlot have made multiple attempts to accommodate these demands, leading to significant legal and political challenges. In 2019, the Rajasthan government granted a 5% reservation to the Gujjar community and other groups under the Special Backward Classes (SBC) category through the Rajasthan Backward Classes Amendment Act, 2015. As of now, the Rajasthan government provides a 5% reservation for the Gujjar community under the category of Special Backward Classes (SBC). This is part of the broader reservation structure in the state, which totals approximately 64%. Notably, in Rajasthan, SCs get 16%, STs 12%, OBCs 21%, MBCs [Gujjar, Raika-Rebari, Gadia Luhar, Banjara and Gadarias 5% and EWS get 10% reservation.
The Rajasthan High Court struck down this provision, citing that it exceeded the 50% reservation limit and lacked sufficient data to justify the classification of these communities as backward. Eventually, the matter reached the Supreme Court, however, refused to interfere and rejected a plea seeking a stay on the 5% quota to Gujjars and the other four MBCs.
75% reservation for locals in private sector in Haryana
In Haryana, the caste reservation status involves a blend of quotas across various categories, including SCs getting 20%, Backward Classes (A) 16%, Backward Classes (B) 11%, and EWS getting 10% reservations, taking the total to 57%. Last month, the Punjab and Haryana High Court issued a notice seeking a response from the state government on why the caste reservation has exceeded the 50% cap in Haryana.
Other than this, the Haryana government passed the controversial Haryana State Employment of Local Candidates Act, 2020, which mandated 75% reservation for local candidates in private sector jobs offering a monthly salary of less than Rs 30,000. However, this law was struck down by the Punjab and Haryana High Court in February 2023. The court ruled that such a reservation was unconstitutional, as it interfered with the fundamental rights of private employers to hire freely and contravened the principles of equality enshrined in the Indian Constitution.
Hemant Soren-led Jharkhand government passed the OBC reservation bill taking reservations up to 77%
In November 2022, the then Jharkhand CM Hemant Soren brought a bill known as the OBC reservation bill, which would increase the OBC quota to 27%, SC quota to 12%, ST quota to 28% and include the 10% EWS quota. This bill was passed in a one-day special session in 2022. However, Governor CP Radhakrishnan returned the bill saying that it crossed the 50% cap imposed by the Supreme Court.
Tamil Nadu has 69% caste reservation, DMK govt refused to implement a 10% EWS quota
Tamil Nadu has the highest percentage of caste-based reservations in the country at 69%. This includes reservations for Backward Classes (26.5%), Backward Class Muslims (3.5%), Most Backward Classes / Denotified Communities (20%), Scheduled Castes (18%), and Scheduled Tribes (1%).
Source: bcmbcmw.tn.gov.in)
While the courts have intervened in the matters of state governments making laws transcending the 50% cap to grant reservation to certain caste groups, Tamil Nadu has for long maintained a 69% cap nearly unchallenged. This is because the Tamil Nadu Reservation Act, 1994, which provided for these reservations, is included in the Ninth Schedule of the Constitution.
Notably, the Ninth Schedule contains a list of central and state laws which cannot be challenged in courts and was added by the Constitution (First Amendment) Act, 1951. Thus, the Tamil Nadu Reservation Act, 1994 is protected from judicial review.
However, in the 2007 I.R. Coelho vs. State of Tamil Nadu case, the Supreme Court ruled that laws placed in the Ninth Schedule after 1973 could be subject to judicial review if they violated the basic structure of the Constitution.
Back in 1969, the Dravida Munetra Kazhagam (DMK) government, led by Chief Minister C.N. Annadurai, introduced a 31% reservation for Backward Classes (BCs). In 1971, under the leadership of M. Karunanidhi, the reservation quota was further increased based on AN Sattanathan Commission’s report taking the total reservation to 49%. In 1980, the AIDMK government led by MG Ramachandran (MGR) reversed the economic criteria he earlier implemented for reservation eligibility after vehement opposition by the political parties and defeat in state assembly elections. MGR raised the reservation for BCs from 31% to 50%, thus taking the total reservation to 68%. In 1990, the Karunanidhi-led DMK government brought a 1% ST quota. With this, the total caste reservation in Tamil Nadu stood at 69%.
In the 1992, Indra Sawhney vs. Union of India case, the Supreme Court ruled that reservations should not exceed 50% of available seats and jobs, except in extraordinary circumstances. The court also established the concept of a “creamy layer” to exclude the more affluent members of OBCs from availing of reservation benefits.
After this, the Tamil Nadu government led by AIADMK’s Jayalalitha successfully lobbied for the inclusion of the Tamil Nadu Reservation Act in the Ninth Schedule of the Indian Constitution in 1993. The then CM Jayalalitha led a delegation of state parties to PM Narasimha Rao and urged him to refer the bill to President Shankar Dayal Sharma for his assent which was given a month later.
While the DMK government introduced Muslim reservations in 2006, when the Central government introduced reservations for Economically Weaker Sections (EWS) in 2019, it vehemently opposed it saying that it granted a significant section of the upper caste population “easy exclusive luxurious” reservations. The DMK government has also passed an act giving an internal 10.5% reservation to Vanniyars under the Most Backward Classes quota. However, the Supreme Court struck it down since it was implemented without any quantifiable data to support its move.
Conclusion
Various political parties frequently promise increased reservations to certain caste or ‘minority’ groups to win their support during elections. These promises are presented as a way to address historical injustices and provide opportunities for underrepresented communities. However, such moves are often more about electoral calculus than genuine social reform. It is pertinent to understand that increasing reservations might yield short-term political and electoral gains, but it risks long-term societal harm by exacerbating divisions and hatred and failing to foster genuine socio-economic development.
Delhi Chief Minister Arvind Kejriwal was granted bail by Special Judge Niyay Bindu of Rouse Avenue Courts yesterday evening, the detailed order of which was uploaded today. The Enforcement Directorate moved the High Court against the bail order today, and now it has been revealed that the lower court called ED’s arrest of Kejriwal ‘mala fide’ and granted bail without reading documents submitted by both parties.
In the judgement, the judge said that it is not possible to go through thousands of pages of documents at this juncture. But the court still decided that ED’s action was mala fide and granted bail to Arvind Kejriwal. The court also refused to hear ED’s arguments against the bail, and had asked ED’s counsel to present his arguments very briefly. The bail order was issued hurriedly at around 8 pm yesterday, and the order was not uploaded due to lack of time.
Rouse Avenue Court Judge doesn't have time to go through the documents and wants to give the judgement without going through the documents.
Arguing against the bail order, Additional Solicitor General SV Raju said that the trial court didn’t hear ED’s arguments, didn’t look at documents given by ED saying it is voluminous. “Court says bulky documents have been filed. There can’t be any more perverse order than this,” the ASG said. He said that it is the duty of the court to go through the submitted documents.
“Without going through documents filed by both sides, without giving us opportunity the matter is decided. It is the duty of court to pass order in accordance with law. Without going to documents how can you say it’s relevant or not relevant?” the ED counsel said.
The ASG also said that Kejriwal’s side made a wrong statement and the court accepted it. He said that trial court order mentions that ECIR is from 22 August 2022 but the ECIR was registered in July 2022. “If you’d gone to documents you would have known that the ECIR was registered in August. So there was no question of material being available in July,” SV Raju argued. He added, “On Wrong facts, wrong dates, you come to a conclusion that mala fide.”
The ED also argued in the High Court that the lower court disregarded the earlier High Court order in this matter, which had found merits in the arrest and remanded the Delhi CM to ED custody and then jail. The ASG also pointed out that the SC didn’t stay the HC order, and therefore the lower court can’t decide in Arvind Kejriwal’s favour.
The ASG said, “Compare the judgment with the findings. This court says no mala fide. She gives a finding on mala fide on same facts. SC has not said that you decide uninfluenced by that judgment.” He argued that bail can be cancelled on two grounds, if relevant facts are not considered and irrelevant facts considered.
He said that HC had justified Kejriwal’s arrest after he had ignored 9 summons by ED, and now the lower court gave a opposite verdict, and said it is a “totally perverse order”.
ASG: There are two ways on which bail order can be set aside. I am saying it is a perverse order as irrelevant material was considered. This is totally perverse order.
The High Court expressed surprise that the lower court didn’t consider its judgement in the case while issuing the bail order. “You are saying all these points were not considered? You are saying the points which were elaborately dealt with by the HC have not been considered?” the bench asked.
The High Court vacation bench of Justices Sudhir Kumar Jain and Ravinder Dudeja will resume hearing arguments after the lunch break.
The bench earlier stopped release of Kejriwal from jail, and agreed to hear ED’s plea against the bail on an urgent basis. The ED says that the court granted bail to Kejriwal without hearing it and without reading documents submitted by the agency.
