Tag: CLAT

NATIONAL NEWS 

Arrest is not always a must, says Supreme Court

The Supreme Court has held that merely because the law allows arrest does not mean the State can use the power indiscriminately to crush personal liberty. We may note that personal liberty is an important aspect of our constitutional mandate. The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond. Merely because an arrest can be made because it is lawful does not mandate that arrest must be made, a Bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy said. A distinction must be made between the existence of the power to arrest and the justification for exercise of it, it noted. If arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person. If the Investigating Officer has no reason to believe that the accused will abscond or disobey summons and has, in fact, throughout cooperated with the investigation, we fail to appreciate why there should be a compulsion on the officer to arrest the accused, the court observed in its recent order. The order was passed in a plea for anticipatory bail filed by businessman Siddharth, represented by senior advocate Pramod Kumar Dubey and advocates Ravi Sharma and Rahul Shyam Bhandari. The Allahabad High Court had rejected his bail application in July. The case concerns an FIR registered against him for allegedly entering into a conspiracy and criminal breach of trust involving former ministers and high-ranking officials in relation to a project initiated by the Uttar Pradesh government in 2007 to build parks and museums, including the Ambedkar Samajik Parivartan Asthal, Kashiram Smarak Asthal Gautambudh Nagar Upvan Echo Park and Noida Ambedkar Park. The FIR alleges a loss of ₹ 14,000 crore to the public exchequer. Dubey argued that his client had joined the seven-year-old investigation. There was no need for his custodial interrogation. There was no apprehension that he would abscond or tamper with evidence. The police were in the process of filing a charge sheet. Dubey said Section 170 of the Code of Criminal Procedure (CrPC) has been wrongly interpreted by the police and trial courts to make arrest of the accused mandatory at the time of filing of the charge sheet. He argued that the word custody in Section 170 had been wrongly interpreted as ‘arrest’. Agreeing with the senior lawyer, the Supreme Court clarified that the word ‘custody’ appearing in Section 170 does not contemplate either police or judicial custody but it merely connotes the presentation of the accused by the Investigating Officer before the court while filing the charge sheet. The trial courts are stated to be insisting on the arrest of an accused as a pre-requisite formality to take the charge sheet on record in view of the provisions of Section 170 of the CrPC. We consider such a course misplaced and contrary to the very intent of Section 170 of the CrPC, the court said, laying down the law.

 

Must systematically plan to give a govt which believes in principles of Constitution: Sonia Gandhi

Congress president Sonia Gandhi on August 20 urged opposition party leaders to work together and plan systemically for the 2024 Lok Sabha polls, saying the goal is to give the country a government that believes in the principles of the Constitution. Addressing a virtual meeting of various opposition parties, she said, Despite our compulsions, the time has come when interests of our nation demand that we rise above them. Leaders of 19 political parties participated in the virtual meeting convened by Gandhi, amid efforts to boost opposition unity and evolve a common strategy against the NDA government. Of course, the ultimate goal is the 2024 Lok Sabha elections for which we have to begin to plan systematically with the single-minded objective of giving to our country a government that believes in the values of the freedom movement and in the principles and provisions of our Constitution, she said. This is a challenge, but together we can and must rise to it because there is simply no alternative to working cohesively together. We all have our compulsions, but clearly, a time has come when the interests of our nation demand that we rise above them, Gandhi said. Among those who participated in the meeting were NCP supreme Sharad Pawar, West Bengal Chief Minister Mamata Banerjee and her counterparts from Maharashtra and Tamil Nadu, Uddhav Thackeray and M.K. Stalin. Parties such as the TMC, NCP, DMK, Shiv Sena, JMM, CPI, CPI(M), NC, RJD, AIUDF, VCK, Loktantrik Janata Dal, JD(S), RLD, RSP, Kerala Congress (Mani), PDP and IUML took part in the meeting. Leaders of AAP, BSP and SP were not present at the meeting.

After Twitter, Facebook takes down post by Rahul Gandhi 

Social media giant Facebook has removed the post by former Congress president Rahul Gandhi that identified the family of a nine-year-old victim of alleged rape and murder in Delhi as it violated the platform’s policies. The social media giant informed Gandhi, as well as the National Commission for Protection of Child Rights (NCPCR), of the removal of the posts from Facebook and Instagram. In an emailed reply to a query, a Facebook spokesperson said, We have taken action to remove the content as it was in violation of our policies. According to Facebook, in this case, the family has pleaded for their safety in the court, and in view of their safety and to maintain the dignity of the victim, the company decided to take down the content from its platform. Earlier this week, sources said, Facebook had written to Gandhi asking him to remove the said post from Instagram, Facebook’s photo-sharing platform. The social media company’s action followed the NCPCR’s direction to Facebook to take appropriate action against Gandhi’s Instagram profile over the violation of provisions of Acts such as the Juvenile Justice Act, 2015, the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Indian Penal Code. Earlier, on August 7, Twitter too had locked Gandhi’s account, and subsequently several other handles associated with the Congress, for posting/sharing a photograph of the parents of the 9-year-old victim. A week later, on August 14, Twitter restored Gandhi’s account, after the company claimed that the Congress leader had submitted a consent letter from the victim’s family. However, Gandhi is yet to use the platform since. His last tweet from his verified @RahulGandhi handle was on August 6, when he shared a Hindi couplet on the farmers’ agitation. Meanwhile, photographs of his public interactions during a recent visit to his constituency have been shared on the handle for his constituency, @RGWayanadOffice. On Friday, he chose Facebook to share his thoughts on the 77th birth anniversary of his father and former Prime Minister, the late Rajiv Gandhi. A secular India alone is an India that can survive, Gandhi wrote, quoting his father. Remembering Shri Rajiv Gandhi ji on his birth anniversary.

 

Covid Watch: Numbers and Developments 

The number of reported coronavirus cases from India stood at 3,23,66,382 with the death toll at 4,34,265. American pharma major Johnson & Johnson (J&J) has applied for permission to conduct clinical trials of its single-shot Covid-19 vaccine on adolescents aged 12-17 years in India. The company has moved an application to the Central Drugs Standard Control Organisation (CDSCO) seeking approval. The coronavirus vaccine developed by J&J has demonstrated 85% efficacy in staving off severe Covid-19 disease in its phase 3 trials. Meanwhile, the Drug Controller General has granted emergency approval to the Zycov-D, a COVID-19 vaccine developed by the Ahmedabad-based Zydus Cadilla group, making it the first vaccine in India that can be administered to adults as well as those 12 and above. It’s also the only DNA-based vaccine in the world and can be administered without a needle, purportedly minimising chances of reactions.

INTERNATIONAL NEWS 

Taliban are rounding up Afghans on blacklist, says private intel report 

The Taliban have begun rounding up Afghans on a blacklist of people they believe have worked in key roles with the previous Afghan administration or with U.S.-led forces that supported it, according to a report by a Norwegian intelligence group, Reuters reported. The report, compiled by the RHIPTONorwegian Center for Global Analyses and seen by Reuters, said the Taliban were hunting individuals linked to the previous administration, which fell on Sunday when the Islamist militant movement took Kabul. Taliban are intensifying the hunt-down of all individuals and collaborators with the former regime, and if unsuccessful, target and arrest the families and punish them according to their own interpretation of Sharia law, said the report, dated Wednesday. Particularly at risk are individuals in central positions in military, police and investigative units. The non-profit RHIPTONorwegian Center for Global Analyses, which makes independent intelligence assessments, said the Afghanistan report was shared with agencies and individuals working within the United Nations. This is not a report produced by the United Nations, but rather by the Norwegian Center for Global Analyses, said a U.N. official, when asked for comment. A Taliban spokesman did not immediately respond to a request for comment on the report. Since seizing Kabul, the Taliban have sought to present a more moderate face to the world, saying they wanted peace and would not take revenge against old enemies. The four-page report reproduced a letter it said had been written to one alleged collaborator who was taken from his Kabul apartment this week and detained for questioning over his role as a counter-terrorism official in the previous government. The letter, dated Monday, from the Islamic Emirate of Afghanistan’s Military Commission, noted that the detainee had travelled to the UK as part of his role which indicates you have had excellent relations with the American and British. If you do not report to the commission, your family members will be arrested instead, and you are responsible for this. You and your family members will be treated based on Sharia law, the letter said, according to a translation given in the report. Separately, a senior member of the security forces of the ousted administration sent a message to journalists saying that the Taliban had obtained secret national security documents and arresting former intelligence and security staff. Meanwhile, more than 18,000 people have been flown out of Kabul since the Taliban took over Afghanistan’s capital, a NATO official said on Friday, pledging to redouble evacuation efforts as criticism of the West’s handling of the crisis intensified. Thousands of people, desperate to flee the country, were still thronging the airport, the official, who declined to be identified, told Reuters, even though the Taliban have urged people without legal travel documents to go home. The Taliban called for unity ahead of Friday prayers, the first since they seized power, calling on imams to persuade people not to leave Afghanistan amid the chaos at the airport, protests and reports of violence. Residents in Kabul and four other major cities said prayers appeared to have passed off with incident, though attendance was low. A witness told Reuters several people were killed in the eastern city of Asadabad on Thursday when Taliban militants fired on a crowd demonstrating their allegiance to the vanquished Afghan republic, as the Taliban set about establishing an emirate, governed by strict Islamic law. Kabul has been largely calm, except in and around the airport where 12 people have been killed since Sunday, NATO and Taliban officials said.

 

China formally passes three-child policy into law.

China’s legislature on Friday formally amended the country’s family planning rules to allow couples to have three children, also announcing a number of policy measures aimed at boosting declining birth rates. The Standing Committee of the National People’s Congress, or Parliament, passed an amendment to the Population and Family Planning Law, state media said, adding that the amended law calls on the authorities to take supportive measures, including those in finances, taxes, insurance, education, housing and employment, to reduce families’ burdens as well as the cost of raising and educating children. The ruling Communist Party announced in May that couples in China would for the first time be allowed to have a third child in a relaxation of family planning rules. In 2016, a two-child policy was introduced that largely failed to boost birth rates. China’s regulators in recent weeks have taken drastic measures to reduce education costs – cited in many surveys as a main reason why many couples prefer to have only one child – including by overhauling the booming private education industry, which may be ordered to go non-profit according to reports in the Chinese press. The changes come in the wake of China’s once-in-ten year population census that recorded rapidly declining birth rates over the past decade. The National Bureau of Statistics said on May 11 that 12 million babies were born last year, the lowest number since 1961. The census said China’s population was 1.41 billion in 2020, an increase of 72 million since the last census in 2010. The census recorded 264 million in the age group of 60 and over, up 5.44% since 2010 and accounting for 18.70% of the population. Those in the 1559 age group were 894 million persons, down by 6.79% since 2010 and accounting for 63.35% of the population. China’s workforce in the 15-59 age bracket peaked at 925 million in 2011, the Ministry of Human Resources and Social Security said previously. That number was down to 894 million in this census and would drop to 700 million by 2050. Huang Wenzheng, a fellow at the Center for China and Globalisation, in Beijing, told China Global Television Network (CGTN), an official broadcaster, following the release of the census that the ageing crisis might be the biggest challenge the Chinese nation faces in the next century.

INTERNATIONAL NEWS 

Afghan protests spread to Kabul in early challenge to Taliban

Protests against the Taliban’s takeover in Afghanistan spread to more cities on Thursday, including the capital Kabul, and a witness said several people were killed when the militants fired on a crowd in Asadabad in the eastern province of Kunar, Reuters reported. Our flag, our identity, a crowd of men and women waving black, red and green national flags shouted in Kabul, a video posted on social media showed, on the day Afghanistan celebrates independence from British control in 1919. A witness reported gunshots near the rally, but they appeared to be Taliban firing into the air. Marchers chanted ‘God is greatest’. At some protests elsewhere, media have reported people tearing down the white flag of the Taliban.  Afghans celebrate the 102th Independence Day of Afghanistan with the national flag in Kabul on August 19, 2021.  In Asadabad, several people were killed during a rally, but it was unclear if the casualties resulted from Taliban firing or from a stampede that it triggered. Protests also flared in the city of Jalalabad and a district of Paktia province. Salute those who carry the national flag and thus stand for dignity of the nation, First Vice President Amrullah Saleh, who is trying to rally opposition to the Taliban, said on Twitter. Saleh said on Tuesday he was the legitimate caretaker president in Afghanistan after President Ashraf Ghani fled. In an op-ed for the Washington Post, Ahmad Massoud, leader of the National Resistance Front of Afghanistan, based in an old anti-Taliban stronghold northeast of Kabul, called for Western support. U.S. President Joe Biden said the Taliban must decide if they want international recognition. I think they’re going through a sort of existential crisis about. Do they want to be recognised by the international community as being a legitimate government? I’m not sure they do, Biden said in TV interview. Kabul has been generally calm, but 12 people have been killed in and around the airport amid chaotic scenes, a NATO and a Taliban official said. The deaths were caused either by gun shots or stampedes, according to the Taliban official.  In one incident captured on social media, a small girl was hoisted over the airport’s high perimeter wall and handed to a U.S. soldier, underlining the desperation many people feel.  Gunmen fired into the air on Thursday at several entrances, scattering crowds including women clutching babies. It was not clear if the men firing were Taliban or security staff helping U.S. forces inside the airport. The Taliban are keeping their word by providing foreign powers with support in evacuating their nationals, a Taliban official said. We are facilitating safe exit passage not just for foreigners but also to Afghans, the official told Reuters. U.N. agencies and international aid groups appealed for $800 million more in humanitarian funding. About 8,000 people have been flown out of Kabul since Sunday, a Western security official said. Biden said U.S. forces would remain until all Americans were evacuated, even if that meant staying past an August 31 U.S. deadline for withdrawal.

China for adoption of cultural symbols, language in Tibet. 

A top Chinese official said on Thursday that all-round efforts are needed to ensure Tibetans speak standard spoken and written Chinese and share the cultural symbols and images of the Chinese nation. Wang Yang made the remarks before a handpicked audience in front of the Potala Palace in Lhasa, the home of Tibet’s traditional Buddhist leaders, at a ceremony marking the 70th anniversary of the Chinese invasion of the vast Himalayan region. China’s ruling Communist Party says it peacefully liberated Tibetan peasants from an oppressive theocracy and restored Chinese rule over a region under threat from outside powers. Critics say such moves toward cultural assimilation spell the demise of Tibet’s traditional Buddhist culture and that Tibet was effectively independent for most of its history. China has highlighted its efforts to boost the economy in the region and condemned the exiled Dalai Lama as a separatist. Mr. Wang, who is a member of the Politburo Standing Committee – the apex of party power – and who oversees policy toward ethnic minorities, said separatist and sabotage activities committed by the Dalai (Lama) group and hostile external forces have been crushed. Mr. Wang said Tibetans had been included in representative bodies. The region hosted close to 160 million tourists last year, according to the official Xinhua News Agency. Only by following the CPC leadership and pursuing the path of socialism, can Tibet achieve development and prosperity, Mr. Wang was quoted by Xinhua as saying. Judging by developments in Tibet over the past 70 years, the Tibetan people have no cause for jubilation, as Chinese policies have turned Tibet itself into an open-air prison with restrictions on all aspects of Tibetan life, the U.S .- based International Campaign for Tibet said in a statement. After 70 years of oppression, the only thing the Tibetan people need ‘peaceful liberation’ from today is China’s brutality, the group said. As China tightens its hold over Tibet, questions are arising over the future of its diaspora community.

NATIONAL NEWS 

Over 3.86 crore people didn’t get 2nd dose of Covid vaccines within stipulated time: Govt

Over 3.86 crore people did not get their second dose of anti-Covid vaccines Covishield and Covaxin within the stipulated period of time, the government said in response to an RTI query. Activist Raman Sharma had filed a query under the Right to Information (RTI) Act, seeking to know from the government the number of people who had received the first dose of vaccines Covishield and Covaxin but did not take the second within the stipulated time period. In response to the query, the Covid-19 Vaccine Administration Cell of the Union Health Ministry said that it is recommended that the second dose of Covishield be taken within 84-112 days after the first, while in case of Covaxin, the gap should between 28-42 days. The total number of vaccinees (beneficiaries) who got their first dose of Covishield Vaccine but did not get their second dose within stipulated period of time as prescribed by the Govt. of India as per the Due Report in the Co-WIN portal is 3,40,72,993 (data as on 17th August 2021), the response said. It further said that the total number of beneficiaries who got their first dose of Covaxin vaccine but did not get their second within the stipulated period of time as prescribed by the government as per the due report of in Co-WIN portal is 46,78,406 (data as on 17th August 2021). It is recommended that vaccinees who got their first dose of vaccine get their second dose in the stipulated period. There is no recommendation for such vaccinees who got their first dose of COVID Vaccine but did not get the second dose within the stipulated period as prescribed by Government of India to get their first dose again, it said. In the Frequently Asked Questions sections on the website, the government recommends that both doses of vaccine should be taken for realising the full benefit of vaccination.

Gujarat HC stays some sections concerning interfaith marriages in anti-conversion law 

In an interim order, the Gujarat High Court on Thursday stayed some sections pertaining to interfaith marriages of the newly enacted anti-conversion law in the State. A division bench of the court stayed the implementation of several sections of Gujarat Freedom of Religion (Amendment) Act, 2021. The bench of Chief Justice Vikram Nath and Justice Biren Vaishnav passed the interim order, saying it was meant to protect people from unnecessary harassment. Gujarat’s anti-conversion law was amended in 2021 to bring in new sections that penalise forcible or fraudulent religious conversion through marriage and the law was notified by the government on June 15.  The law, the government contended, was meant to stop religious conversion through interfaith marriages. On Thursday, while passing the interim order, Chief Justice Vikram Nath said, We are of the opinion that pending further hearing, rigors of section 3,4, 4a to 4c, 5, 6, and 6a shall not operate merely because the marriage is solemnised by a person of one religion with another religion without force, allurement or fraudulent means and such marriages cannot be termed as marriage for the purpose of unlawful conversion. He stated, This interim order is to protect the parties which solemnised interfaith marriages from unnecessary harassment. The court acted on a petition filed by the Gujarat chapter of the Jamiat Ulema-e-Hind challenging the constitutional validity of some of the amended sections. On Tuesday, advocate general Kamal Trivedi told the court that there was no ban on interfaith marriages in the State. He defended the new anti-conversion law, saying marriages cannot be tool for forceful conversion.  Advocate General Kamal Trivedi submitted that there should be no fear about the provisions of the law. Why this fear? So long as genuine conversion is there, people need not worry. Interfaith marriage per se is not prohibited in this law. It only prohibits forcible conversion by marriage. He, however, contended that The law says no person shall be converted by use of force, allurement, fraudulent means or by marriage for the purpose of conversion. In the petition, it has been argued that the amended law goes against basic principles of marriage and the right to propagate, profess and practice religion as enshrined in Article 25 of the Constitution. 

Calcutta HC orders CBI, SIT probe into West Bengal post-poll violence 

A five-judge Bench of Calcutta High Court on Thursday directed the West Bengal  government to hand over complaints of post-poll violence to the CBI. The Central agency will  probe allegations of murder, rape and unnatural deaths. The Court also directed to set up a Special Investigation Team consisting (SIT) of three IPS officers of West Bengal to probe other offences relating to post-poll violence. The probe will be monitored by a retired judge of the Supreme Court. In the order, the five-judge Bench headed by Acting Chief Justice Rajesh l. Bindal directed the State to immediately process applications for compensation of victims. The CBI and SIT were directed to submit a status report within six weeks. While hearing several writ petitions on post-poll violence, the High Court, in June 2021,  had directed the National Human Rights Commission (NHRC) to set up a committee  to look into allegations of post-poll violence. The NHRC had submitted a report to the Court on July 13 directing that the probe be handed over to the CBI. People from West Bengal taking refuge in Dhubri district of Assam following the post-poll violence. The Court in its order on Thursday had pointed out that allegations of bias raised by the West Bengal government against the NHRC committee does not stand. The development assumes significant ramifications for West Bengal. The Trinamool Congress government and Chief Minister Mamata Banerjee had refuted allegations of post-poll violence. Banerjee had maintained that there was no violence after she was sworn as the Chief Minister on May 5 for the third consecutive time. The BJP leadership has welcomed the order and said that it proves that allegations of post-poll violence were true. The matter will come up for hearing in the first week of October 4. 

13 years on, SC acquits family that was sentenced to life after being framed by police acting under political pressure 

The Supreme Court has acquitted three members of a family, framed by the police acting under political pressure and sentenced to life imprisonment by the courts, after they complained about their relative’s murder over a ₹250 debt 13 years ago. A Bench of Justices Indira Banerjee and V. Ramasubramanian, in a judgment, said the police, instead of proceeding in pursuit of the truth, tried to bury it many fathoms deep in a case which is a shocking reminder of police docility to political influences, and lack of proper legal representation in courts and judicial oversight. In May 2008, a grievously injured Nand Kishore was rushed to the hospital by Madhav. Kishore was the brother of Raju Yadav. Yadav was married to Madhav’s sister, Sahodara Bai. But Kishore was declared dead on arrival. He had suffered a brutal beating with sticks and lathis. Bai informed the police. The three of them named two men, Ruia and Kailash, in the FIR as the culprits. However, the case took a bizarre turn. The Madhya Pradesh Police turned on them. Instead of investigating the FIR, the police arrested the three family members of the dead man. They charged them with his murder. The trial court convicted all three and sentenced them to life in prison. During trial, they realised that the two men they had named in the FIR for the murder of Kishore were arraigned by the police as star witnesses. It was a case in which the informant turned into the accused and the accused donned the roles of witnesses. The State High Court went on to confirm their punishment. We are conscious of the fact that at times persons who commit a crime, themselves make/lodge the first information so as to create an alibi of innocence. But even in such cases the investigation would normally proceed first against those named as accused in the FIR, and thereafter, the needle of suspicion may turn against the informant himself, Justice Ramasubramanian, who authored the judgment for the Bench, reasoned. The apex court concluded that a close scrutiny of the sequence of events from the date of occurrence of the crime, on May 13, 2008, revealed that the probe in the case instead of proceeding in pursuit of truth, had proceeded towards burying the truth. We are clearly of the view that the investigation in this case was carried out by prosecution witness 14 (Investigating Officer) not with the intention of unearthing the truth, but for burying the same fathom deep for extraneous considerations, and that it was designed to turn the informant and her family members as the accused and allow the real culprits named in the FIR to escape, Justice Ramasubramanian wrote. The apex court was appalled by the fact that both the Sessions Court and the High Court overlooked crucial admissions during trial even to the extent that the police faced political pressure when they tried to arrest Ruia and Kailash. Besides, Justice Ramasubramanian wondered why both the courts found nothing amiss in the prosecution version that a murderer would rush his victim to the hospital in an autorickshaw. The normal human behaviour in such circumstances will be either to flee the place of occurrence or to go to the police station to surrender, except in cases where they are intelligent and seasoned criminals. Neither did happen, Justice Ramasubramanian observed. Besides, the apex court said the police story that the brothers fought over Kishore’s debt of ₹250 to Ruia was unbelievable. The reason why the Investigating Officer did not even suspect the role of Ruia and Kailash Yadav in the commission of the crime remains unexplained, Justice Ramasubramanian observed. The Bench said neither the trial court nor the High Court had discharged their duties properly in the case. The apex court also noted that the three family members did not have competent defence lawyers in the case. They were ordered to be released immediately.

INTERNATIONAL NEWS

Former Afghan president Karzai meets Taliban faction chief

A Taliban commander and senior leader of the Haqqani Network militant group, Anas Haqqani, has met former Afghan President Hamid Karzai for talks, a Taliban official said on Wednesday, amid efforts by the Taliban to set up a government, Reuters reported. Karzai was accompanied by the old government’s main peace envoy, Abdullah Abdullah, in the meeting, said the Taliban official, who declined to be identified. The Haqqani Network is an important faction of the Taliban, who captured the capital, Kabul, on Sunday. The network, based on the border with Pakistan, was accused over recent years of some of the most deadly militant attacks in Afghanistan. Meanwhile, the United Arab Emirates (UAE) announced that it has accepted Afghan President Ashraf Ghani and his family for humanitarian considerations. Ghani fled Afghanistan just as the Taliban approached Kabul. The statement, carried by the UAE’s state-run WAM news agency on Wednesday, did not say where Ghani was in the country. In this handout photograph released by the Taliban, former Afghan President Hamid Karzai, center left, senior Haqqani group leader Anas Haqqani, center right, Abdullah Abdullah, second right, head of Afghanistan’s National Reconciliation Council and former government negotiator with the Taliban, and others in the Taliban delegation, meet in Kabul, in Afghanistan, on Wednesday, August 18, 2021.  In another development, U.S. President Joe Biden spoke with British Prime Minister Boris Johnson on Tuesday, August 17, 2021, on the situation in Afghanistan and they agreed to hold a virtual G7 leaders’ meeting next week to discuss a common strategy and approach, the White House said. The two leaders discussed the need for continued close coordination among allies and democratic partners on Afghanistan policy going forward, including ways the global community can provide further humanitarian assistance and support for refugees and other vulnerable Afghans, the White House said in a statement. The decision by U.S. President Joe Biden, a Democrat, to stick to the troop withdrawal deal struck by his Republican predecessor Donald Trump has stirred widespread criticism at home and among U.S. allies. The United States and Western allies resumed evacuating diplomats and civilians on Tuesday, the day after scenes of chaos at Kabul airport as Afghans thronged the runway. As they rush to evacuate, foreign powers are assessing how to respond to the transformed situation on the ground after Afghan forces melted away in just days, with what many had predicted as the likely fast unraveling of women’s rights. A Downing Street spokesperson said Johnson in the call with Biden stressed the importance of not losing the gains made in Afghanistan over the last 20 years, of protecting ourselves against any emerging threat from terrorism, and of continuing to support the people of Afghanistan, a Downing Street spokesperson said.

China to curb ‘excessive income’ in push for common prosperity

In the wake of regulatory crackdown targeting alleged monopolistic behaviour of some of China’s biggest private sector companies, China’s Communist Party leadership has signalled that next in its sights are the country’s wealthy. Party General Secretary and President Xi Jinping said measures will be introduced to curb excessive incomes and promote common prosperity, following a meeting on Tuesday of the Central Committee for Financial and Economic Affairs, which he heads. Observers noted the timing of the meeting held particular significance, as the first notable public appearance of the leadership and the first major political announcement following the annual secretive retreat of top present and past leaders in the town of Beidaihe, believed to have taken place in early August. Mr. Xi was quoted as saying by official media that common prosperity is an essential requirement of socialism. Specific measures were not mentioned but an adjustment to the taxation structure is one possibility, analysts said. A readout of the meet said rather than being egalitarian or having only a few people prosperous, common prosperity refers to affluence shared by everyone, both in material and cultural terms, and shall be advanced step by step. Mr. Xi said common prosperity would be essential to strengthen the foundation for the party’s long term governance ahead of the second centenary goal, referring to 2049 when the People’s Republic of China turns 100. Ending absolute poverty was the party’s goal for the first centenary, marked this year when the party turned 100. The meeting called for establishing a scientific public policy system and a reasonable distribution system. The readout said China’s reform and opening period saw the party summarize both positive and negative historical experiences, referring to the turmoil of the Mao years, realizing that poverty is not socialism and allowing some people and regions to get rich first. Since the 18th Party Congress in 2012, the party placed greater importance on gradually achieving common prosperity for all people, the readout said. It also called for implementing the requirements of strict governance across the board and to enhance the supervisory capacity of the financial system, suggesting that the regulatory crackdown of the past year is set to continue.

NATIONAL NEWS

CJI hits out at ‘speculative’ reports on Supreme Court Collegium recommendations 

Chief Justice of India N.V. Ramana on Wednesday voiced in open court his extreme displeasure over speculative reports in certain sections of the media about the Supreme Court Collegium having recommended nine names for judicial appointments to the top court. The CJI said the reports were irresponsible and counter-productive. Today’s reflections in some sections of the media, pending the process, even before formalizing the resolution is counter-productive. There were instances of deserving career progression of bright talents getting marred because of such irresponsible reporting and speculation. This is very unfortunate and I am extremely upset about it, Chief Justice Ramana said. The CJI was heading a Ceremonial Bench convened on the occasion of Justice Navin Sinha’s retirement. The CJI said Collegium meetings were going on. The process of judicial appointment is a sacrosanct function of the Collegium. The media should not harm the integrity and dignity of the process by indulging in speculation. You are all aware we need to appoint judges to this court. The process is ongoing. Meetings will be held and decisions will be taken. The process of appointment of judges is sacrosanct and has certain dignity attached to it. My media friends must understand and recognise the sanctity of this process. As an institution, we hold the freedom of media and the rights of individuals in high esteem, Chief Justice Ramana said, urging the media to report with a certain sense of responsibility and maturity. The CJI also commended journalists who had shown restraint. I must also place on record the tremendous amount of maturity and responsibility displayed by the majority of senior journalists and media houses in showing restraint and not speculating on such a serious matter. Such professional journalists and ethical media are the real strength of the Supreme Court in particular and democracy in general. You are part of our system. I expect all the stakeholders to uphold the integrity and dignity of this institution, the Chief Justice said.

 

Samajwadi Party MP booked on sedition charge for comments on Taliban 

Samajwadi Party MP from Sambhal Shafiqur Rahman Barq was booked on sedition charges for allegedly drawing a parallel between the struggle of freedom fighters during India’s Independence and the takeover of Afghanistan by the Taliban, police said on Wednesday. Dr. Barq was also charged with deliberate and malicious acts intended to outrage religious feelings and promoting enmity between different groups. The FIR was lodged on the complaint of Rajesh Singhal, reportedly a BJP leader, but described as a private person by the police. SP Sambhal Chakresh Mishra said Dr. Barq’s comments were inflammatory. On Monday, the five-time MP from Uttar Pradesh said that the Taliban wanted to run Afghanistan themselves as per their will. He further said that when India was fighting for Independence against the British rule, the entire country came together. Similarly, he said, the Taliban wanted to free their country that was captured by the U.S. and, earlier, Russia. Taliban is a force there.They want to run the country themselves as per their ways, said Barq, who also described it an internal matter of Afghanistan. Mishra said two others, Faizan Chaudhary and Mohammad Muqeem, who allegedly posted comments in support of the Taliban, were also booked in the FIR. They made inflammatory statements regarding the Taliban, said the SP. A private person Rajesh Singhal in a written complaint said that in a media briefing Dr. Barq compared the Taliban to the freedom fighters in India and rejoiced over their victory, he said.

 

Shashi Tharoor cleared of all charges in Sunanda Pushkar death case 

A Delhi court on Wednesday discharged Congress leader Shashi Tharoor from all charges, including abetment to suicide, in connection with the death of his wife Sunanda Pushkar in January 2014. The accused (Mr Tharoor) is discharged, said Special Judge Geetanjli Goel while asking the MP from Thiruvananthapuram to furnish a requisite bond. Most grateful, your honour. It’s been seven-and-half years of absolute torture. I really appreciate it, said Tharoor, who was present during the video conferencing hearing, immediately after the pronouncement of the verdict. Sunanda Pushkar was found dead in a suite of a luxury hotel in the city on the night of January 17, 2014. The Delhi Police’s charge sheet had named Tharoor as an accused for alleged offences under Sections 498A (husband or his relative subjecting a woman to cruelty) and 306 of the Indian Penal Code (abetment of suicide). Tharoor was granted anticipatory bail in the matter by a Sessions court on July 5, 2018. Following that order, a magisterial court converted the anticipatory bail into regular bail after he appeared before it on July 7 in pursuance to the summons issued by the Metropolitan Magistrate in the matter. Earlier, Senior Advocate Vikas Pahwa, appearing for Tharoor, had argued that the investigation conducted by the Special Investigation Team (SIT) completely exonerated his client of all the charges levelled against him. The senior advocate had asked to discharge Tharoor in the case as there was no evidence against him to prove the offences of cruelty or abetment of suicide. Later, Tharoor issued a statement thanking the judge and his lawyers. I would like to express my humble thanks to Judge Geetanjali Goel for her orders today, discharging me from the charges levied by the Delhi police, which I have consistently described as preposterous, Tharoor said. This brings a significant conclusion to the long nightmare which had enveloped me after the tragic passing of my late wife Sunanda. I have weathered dozens of unfounded accusations and media vilification patiently, sustained by my faith in the Indian judiciary, which today stands vindicated, he said.

 

Supreme Court pulls up Army for ‘regressive mindset’, allows women, as interim measure, to take NDA exam

The Supreme Court pulled up the Army for its regressive mindset while allowing women, as an interim measure, to take the National Defence Academy (NDA) examination on September 5. A Bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy found it absurd that women were not allowed to appear for the NDA even after the apex court, in a judgment, directed Permanent Commission for women in the Army. Why are you continuing in this direction? Even after Justice D.Y. Chandrachud’s judgment expanding the horizons and extending Permanent Commission in the Army to women? This is unfounded now! We are finding it absurd! Will the Army only act when a judicial order is passed? Not otherwise? Justice Kaul asked Additional Solicitor General Aishwarya Bhati. Senior advocate Chinmoy Pradip Sharma and advocates Mohit Paul and Sunaina Phul appeared for the petitioners. Bhati said she had, as a private lawyer, represented the women officers who fought for Permanent Commission, in the apex court. She argued that it was a policy decision not to allow women to take the NDA exam while they were permitted entry through the Indian Military Academy (IMA) and the Officers Training Academy (OTA). The court asked why co-education is a problem in the NDA. The policy decision is based on gender discrimination, it observed, asking the Army and the government to take an expansive and constructive view on the issue. It asked the UPSC to give maximum publicity to its interim order. It said it would consider the larger issue of admission of women to the NDA as a policy later on.

 

NHRC expert group concerned over slow pace of criminal justice reform 

A group of experts under the National Human Rights Commission (NJRC) on Wednesday expressed serious concerns over the slow pace of reforms in the criminal justice system to ensure speedy justice, an NHRC statement said. The NHRC core group on the criminal justice system held its first meeting on Wednesday where experts said the delay in disposal of cases was leading to human rights violations of the under-trials and convicts. NHRC member Justice (retired) M.M. Kumar, who chaired the meeting, said despite the Supreme Court directions on police reforms, there had been hardly any changes on the ground. He said special laws and fast-track courts could replace certain offences under the Indian Penal Code, in order to reduce the piling up of cases at every police station.  NHRC chairperson Justice (retd.) A.K. Mishra said not only were trials getting delayed, but court orders convicting a person also take years to implement. He said digitisation of documents would help in speeding up investigations and trials.  According to estimates, there were about 4.4 crore pending cases in the Supreme Court, High Courts and district courts, NHRC secretary general Bimbadhar Pradhan said. Among the suggestions that came up during the meeting were increasing the awareness of laws among police personnel, increasing the number of police personnel and stations in proportion to the number of complaints in an area, and including social workers and psychologists in the criminal justice system.

 

Supreme Court dismisses Maharashtra govt plea against CBI probe into transfer, posting of police by Anil Deshmukh 

The Supreme Court on Wednesday dismissed a plea of the Maharashtra government seeking to set aside two paragraphs related to transfer and posting of police officers and reinstatement of an officer from the CBI’s FIR against former state home minister Anil Deshmukh. A bench of Justices D Y Chandrachud and M R Shah said it is not inclined to interfere with the July 22 order of the Bombay High Court and dismissed the petition. The top court said it cannot dilute the direction of a constitutional court ordering a CBI probe by drawing a line for the agency on which aspect the investigation should be done. CBI has to investigate all aspects of the allegations and we cannot limit them. This will be like denuding the powers of a constitutional court, the bench said. It said that an impression is being created that the state is trying to protect the former home minister by not allowing the probe on the aspect of transfer and posting of police officers and reinstatement of additional police inspector Sachin Waze. Advocate Rahul Chitnis, appearing for the Maharashtra government, said the state has withdrawn consent for the CBI probe and the High Court direction for a probe was limited to allegations of collection of money from bars and restaurants and not on transfer, posting of police officers and reinstatement of Waze into the police force. On July 22, the Bombay HC said the CBI can inquire into the transfer and postings of police personnel and the reinstatement of Waze in the Mumbai Police force so far as this has a nexus with Maharashtra’s former home minister Anil Deshmukh and his associates.

INTERNATIONAL NEWS 

Taliban announce ‘amnesty,’ urge women to join government.

The Taliban declared an amnesty across Afghanistan and urged women to join their government Tuesday, seeking to convince a wary population that they have changed. Following a blitz across Afghanistan that saw many cities fall to the insurgents without a fight, the Taliban have sought to portray themselves as more moderate than when they imposed a brutal rule in the late 1990s. But many Afghans remain skeptical. Older generations remember the Taliban’s ultraconservative Islamic views, which included severe restrictions on women as well as public stonings and amputations before they were ousted by the U.S-led invasion following the September 11, 2001 terror attacks. The capital of Kabul remained quiet for another day as the Taliban patrolled its streets and many residents stayed home, fearful after the insurgents’ takeover saw prisons emptied and armories looted. Many women have expressed dread that the two-decade Western experiment to expand their rights and remake Afghanistan would not survive the resurgent Taliban. Germany, meanwhile, halted development aid to Afghanistan over the Taliban takeover. Such aid is a crucial source of funding for the country, and the Taliban’s efforts to project a milder version of themselves may be aimed at ensuring that money continues to flow. The promises of amnesty from Enamullah Samangani, a member of the Taliban’s cultural commission, were the first comments on how the Taliban might govern on a national level. His remarks remained vague, however, as the Taliban are still negotiating with political leaders of the country’s fallen government and no formal handover deal has been announced. The Islamic Emirate of Afghanistan with full dignity and honesty has announced a complete amnesty for all Afghanistan, especially those who were with the opposition or supported the occupiers for years and recently, he said. Other Taliban leaders have said they won’t seek revenge on those who worked with the Afghan government or foreign countries. But some in Kabul allege Taliban fighters have lists of people who cooperated with the government and are seeking them out. A broadcaster in Afghanistan said she was hiding at a relative’s house, too frightened to return home, much less return to work following reports that the insurgents are also looking for journalists. She said she and other women didn’t believe the Taliban had changed their ways. She spoke on condition of anonymity because she feared for her safety. Samangani addressed the concerns of women, saying they were the main victims of the more than 40 years of crisis in Afghanistan. The Islamic Emirate of Afghanistan is ready to provide women with the environment to work and study, and the presence of women in different (government) structures according to Islamic law and in accordance with our cultural values, he said. That would be a marked departure from the last time the Taliban were in power, when women were largely confined to their homes. Samangani didn’t describe exactly what he meant by Islamic law, implying people already knew the rules. In another sign of the Taliban’s efforts to portray a new image, a female television anchor on the private broadcaster Tolo interviewed a Taliban official on camera Tuesday in a studio an interaction that once would have been unthinkable. Meanwhile, women in hijabs demonstrated briefly in Kabul, holding signs demanding the Taliban not eliminate women from public life. Talks continued Tuesday between the Taliban and several Afghan government officials, including former President Hamid Karzai and Abdullah Abdullah, who once headed the country’s negotiating council. Discussions focused on how a Taliban-dominated government would operate given the changes in Afghanistan over the last 20 years, rather than just dividing up who controlled what ministries, officials with knowledge of the negotiations said. They spoke on condition of anonymity to discuss confidential details of the talks.

Islamic State, JeM, LeT fighters have entered Afghan capital, say sources on the ground.

A large number of fighters belonging to the Islamic State (IS), Jaish e-Mohammed (JeM), and Lashkar-e-Taiba (LeT) have entered the Afghan capital Kabul in the last few days, sources on the ground have informed. The Taliban leadership is aware of the presence of these foreign terrorists, who entered the city carrying the Taliban flag. It is understood that the groups are operating in different parts of Kabul city and are not under the control of the Taliban. Under the agreement with the United States, the Taliban are committed to prevent terrorist groups from operating in Afghanistan and are expected to evict these groups from Kabul in the next few days. An Afghan human rights worker who works closely with the Taliban political office in Doha said that the next few days are going to be critical as the groups may indulge in operations on their own in violation of the orders of the Taliban leadership. Taliban leaders are trying to mobilise themselves to prevent the foreign fighters from finding a base in Kabul and some developments in that direction took place late on Monday with the arrival of Mullah Yaqub, son of the late Mullah Omar, founder of the Taliban. Yaqub arrived from Quetta, where the Taliban leaders have been based for decades. He is the ‘Chief of Operations’ of the Taliban forces, and it is expected that he will soon begin firming up Taliban’s rule over Kabul. There are concerns about possible clashes that may take place between these terror groups and the Taliban if the latter try to dislodge them militarily. Irrespective of the threats, the Taliban have asked them to leave Afghanistan and they will have to obey the orders, said the human rights worker over phone from a location in Afghanistan. The Taliban have already engaged former President Hamid Karzai, Tajik leader and former CEO of Afghanistan Abdullah Abdullah, and Hezb-e-Islami chief Gulbuddin Hekmatyar seeking support in forming the next government of Afghanistan. The transition can begin once the political leadership arrives from Qatar. As of now, it appears that the arrival of the political team has been delayed because of the chaotic scenes at the Kabul airport, which remains under the control of the U.S. government. Ensuring security of Kabul will be a major challenge for the Taliban in the first phase of their government. The international community will be keenly watching the Taliban’s commitment to ensure Afghanistan remains free of terror elements such as IS or Daesh, JeM and LeT. Sources said that in the absence of effective police forces on the ground, there is a high probability of violence by these terror outfits that may also secure enclaves in Kabul and other cities in Afghanistan.

NATIONAL NEWS 

Pegasus case: Supreme Court issues pre-admission notice to Centre on pleas

The Supreme Court on Tuesday issued pre-admission notice to the Central government on petitions seeking an independent inquiry into the allegations that the government used Israeli-based Pegasus spyware to snoop on citizens. The court made it clear to the government that none of us want to compromise the defence of the nation… but there are citizens, some of them persons of eminence, who have complained of hacking of their phones. After issuing notice, a Bench of the Chief Justice of India (CJI) N.V. Ramana, and Justices Surya Kant and Aniruddha Bose said it would consider the further course of action, including the formation of a committee to inquire into the allegations, in due time. The court listed the case for hearing after 10 days. The notice was issued after the government, represented by Solicitor General Tushar Mehta, stood firm by its two-page affidavit denying all and any allegations. Mehta said any revelation about any software allegedly used by the government to counter terrorism would compromise national security. They [petitioners] want us to say whether Pegasus was used or no Softwares are used. They want to know which software is used… No government will say which software is used because if we divulge, terrorists may take advantage. Which software is used or not is a matter of national security. It cannot be a matter of public debate, Mehta stated at the start of the virtual hearing. He clarified that the government was not refusing to reveal anything to anybody at all. We are just saying we will not reveal it publicly, he observed. The government had agreed in court to form a committee of experts to inquire into the reports of Pegasus snooping, he noted. Justice Kant said there was no question of compromising national security. We are not going to ask you to divulge anything that will harm the defence of the nation… But the question here is that there are some persons of eminence who have come here, saying there has been interception of their phones. That can be done, but with the permission of the competent authority. What is the problem if that competent authority filed an affidavit before us? he explained. Senior advocate Kapil Sibal, for veteran journalists N. Ram and Sashi Kumar, said The security of the State is as important to the citizen as it is to the State. On Monday, Sibal rebutted the affidavit on five points. One, he said it was filed by the Ministry of Electronics and Information Technology and not the Ministry of Home Affairs which authorised surveillance under the law. Secondly, the affidavit skipped the part on whether the government or its agencies used Pegasus at all. Thirdly, he stated that if the government did not get the time to study the petitions and reply to them, then the court should give them the time. Fourth, he countered that the affidavit did not even say whether the facts and contentions in the petitions were right or wrong. Finally, and most importantly, we do not want a government who might have used Pegasus, to form a committee of experts to inquire into the issue. As far as I am concerned, the issue is simple. If the government says they have used the Pegasus, there is no need for a committee. If the government says they have not used the Pegasus, then too, there is no need for a committee, Sibal had reasoned.

 

Congress counters ‘oil bonds burden’ argument on fuel prices

The Congress party on August 16 accused Finance Minister Nirmala Sitharaman of falsely citing the oil bonds issued by the previous United Progressive Alliance (UPA) government as the reason for not reducing fuel prices. The Finance Minister ruled out a cut in the excise duty on petrol and diesel for now, saying that the government has to pay for the oil bonds issued by the UPA in the past. Congress chief spokesperson Randeep Surjewala said oil bonds of ₹1.3 lakh crores are not even due for payment so far and that the government has collected much more revenue in seven years. Don’t lie. Oil Bonds of ₹1.3 lakh crore are not even due for payment so far, he said on Twitter. Till April 2021, payment made on oil bonds is ₹3,500 crore only, yet you falsely hold UPA responsible, Surjewala said. Smt Nirmala Sitharaman, please stop falsehood or dare to contradict… BJP raised central taxes on petrol and diesel by ₹23.87 and ₹28.37 per litre in seven years. Modi Government collected additional ₹17.29 lakh crore, he added. He also alleged that the government has extorted ₹22,33,868 crores by levying excise on petrol and diesel in the last seven years. The Congress leader said that in 2020-21 alone, Modi Tax on petrol and diesel was ₹4,53,812 crore. He also listed other taxes imposed and total revenue collection from the petroleum sector to support his claim. His remarks came after Sitharaman said if she did not have the burden to service the oil bonds, she would have been in a position to reduce excise duty on fuel. A significant amount is going for interest payment and principal repayment. What unfair burden on me, she said, adding, previous government has made our job difficult by issuing oil bonds. Even if I want to do something I am paying through my nose for the oil bond.

 

India evacuates all Kabul embassy personnel

After a tense day when diplomats were turned back from travelling by Taliban guards, 140 Indians, including about 120 Indian embassy staff and Indo-Tibetan Border Police personnel, 16 civilians, and four media persons flew back to Delhi on board a special military flight on Tuesday. The flight, a C-17 Globemaster, was one of the two aircraft operated by the Indian Air Force for bringing home all Indian personnel from the embassy. However, the government maintained that it has not abandoned Afghans, and launched a new e-visa category especially for Afghan nationals wishing to come to India. We were a very large mission of 192 personnel, who were evacuated from Afghanistan within a period of three days in a very orderly fashion in two phases, said Indian Ambassador to Afghanistan Rudrendra Tandon, during a refuelling stopover in Jamnagar on Tuesday, where he thanked the Air Force for the evacuation effort. On August 16, another C-17 flight brought back about 40 diplomats and other personnel, after the others were turned back from driving to the airport by Taliban guards in Kabul, who stopped their convoy, confiscated some equipment and forced them back to the embassy. According to sources, some difficult and uncertain hours followed, as Indian diplomats, led by Tandon, coordinated with the new militia now in control of the capital and other diplomatic missions to ensure the safe passage of the convoy out of Kabul, and then to the Hamid Karzai International Airport, currently under the control of U.S.-led NATO troops. After spending the night at the airport, all Indians were boarded around 6 a.m. According to flight tracker data, both the flights took a long and circuitous route, avoiding Pakistani airspace and minimising travel through the Afghan airspace, to fly over Iran and returned to India over the Arabian Sea, and back over Gujarat. In view of the prevailing circumstances, it has been decided that our Ambassador in Kabul and his Indian staff will move to India immediately, the Ministry of External Affairs (MEA) spokesperson tweeted, announcing the evacuation, but did not clarify whether the India’s diplomatic presence in Afghanistan has ended. Government officials also clarified that they would open visa applications of Afghans of all religions, including Hindus and Sikhs, that they had earlier issued statements about. On Tuesday, the MEA set up a MEA’s 24×7 Special Afghanistan Cell for all those needing evacuation once commercial operations begin on Tuesday. In addition, the Ministry of Home Affairs introduced a new category of electronic visa called e-Emergency X-Misc Visa to fast-track the visa applications of all Afghans wishing to travel to India, which will be a six-month visa that will be granted online. The return of all staff means that the Indian diplomatic mission in Afghanistan is at least, temporarily, closed. India closed its missions in Jalalabad and Herat last year and the consulates in Kandahar and Mazar e Sharif ast month. The government will now have to decide on the nature of relations with the Taliban government in Kabul, once it is formally announced, and whether to even maintain a basic engagement in order to continue flight operations into Kabul to evacuate more civilians.

NATIONAL NEWS 

Pegasus row: Government affidavit is ‘delightfully non-committal’: Petitioners

A two-page skimpy and delightfully non-committal affidavit filed by the government in the Supreme Court shortly before the hearing on Monday, denying all and any allegations of using Pegasus to snoop on journalists, activists, dissenters, Supreme Court officers, Ministers, parliamentarians and the Opposition, raised a clamour among the petitioners, who said the Centre, through the Union Home Secretary, should swear on oath before the apex court whether the government or any of its agencies used Pegasus spyware or not. The sum and substance is they (petitioners) are not satisfied with your limited affidavit. They want to know in clear terms whether the government has used Pegasus or not. If you want time to file a detailed affidavit, you can take time, Chief Justice of India N.V. Ramana addressed Solicitor General Tushar Mehta. But Mehta said even a detailed affidavit may not appease the petitioners. He asked whether the petitioners would swear to withdraw from court if the government said no to using the Pegasus in a further one-page affidavit. Mehta indicated that things were not so simple. Any discussion on this issue would involve national security. We are dealing with a sensitive matter. Attempts are being made to make it sensational, Mehta complained. If the government is reluctant about filing a detailed affidavit, how can we compel them to? the CJI turned to senior advocate Kapil Sibal, appearing for veteran journalists N. Ram and Sashi Kumar. Well, that would mean they don’t want to admit or deny (to using Pegasus). Then I can argue that they have not denied. Then the matter gets more serious. We want a straight answer. Did the government or any of its agencies use Pegasus? That question does not deal with national security. Again, if the government has used Pegasus, did they use it through the Home Secretary. That again does not concern national security. So, let them file an affidavit, Sibal replied. The Solicitor General clarified that there was no reluctance of any kind on the part of the government. The truth must come out, Mehta said. He wistfully referred to the Information Technology Act, which dealt with the regime of interceptions, monitoring, etc, of digital communications, as a beautiful legislation. Mehta said the Act came into effect during the tenure of Sibal as Minister. Mr. Mehta, beauty over the years becomes no longer beautiful. It was once beautiful, but is no longer so the way you are using it, Sibal retorted. At one point, Justice Aniruddha Bose, on the Bench, asked whether there was any material other than news reports to suggest violation had taken place. To this, Sibal said the Ministry of Electronics and Information Technology (MeitY) had stated in the Lok Sabha in 2019 that social media messaging platform, WhatsApp, had informed the government about attempts to breach the mobile phones of 1400 users globally, including 121 users in India, using Pegasus. The court stood over the arguments in the case to Tuesday, while at the same time asking Mehta to mull over with officials the point of filing a detailed affidavit.

India reviews fast deteriorating situation in Afghanistan.

India’s defence top brass, the foreign policy establishment and senior intelligence officials are understood to have reviewed the fast-paced developments in Afghanistan on Monday, a day after the Taliban seized control of the country 20 years after it was ousted by a US-led military coalition. People familiar with the meetings said the immediate priority of the government is to evacuate nearly 200 Indians, including Indian embassy staffers and security personnel from Kabul as the situation in the Afghan capital was fast deteriorating after the Taliban captured it on Sunday night. Capping its month-long rapid advances, the Taliban took positions in Kabul hours after Afghan President Ashraf Ghani left the country on Sunday for an unknown destination, paving way for a bloodless takeover of the capital city but triggering fear, chaos and uncertainty among its residents. The chaos and panic at the Kabul airport was delaying a decision on sending evacuation flights to the Afghan capital though a number of heavy-lift C-17 Globemaster military transport aircraft of the Indian Air Force is kept on standby for the last two days, people familiar with these deliberations said. According to unconfirmed reports, India sent a C-17 Globemaster aircraft to Afghanistan and it returned on Monday. There were also security concerns over bringing the Indians from the Indian embassy and other places to the airport in view of the deteriorating security situation in the capital city. The government is also looking at bringing back hundreds of Indian citizens and facilitate the evacuation of the members of the Hindu and Sikh minorities as well as Afghan nationals who have applied for visas from the Indian embassy, officials said. The situation is evolving very fast and we are monitoring it closely, said one of the persons involved in preparations for evacuating the stranded Indians in Kabul. India has been a key stakeholder in Afghanistan and it has invested nearly USD 3 billion in carrying out nearly 500 projects across Afghanistan. The Taliban takeover of Afghanistan is largely seen as a setback for India as the militant outfit has strongly been backed by Pakistan’s powerful military.

Mahila Congress president Sushmita Dev joins Trinamool Congress

Former Assam MP Sushmita Dev has quit as the president of the All India Mahila Congress as well as the primary membership of the party. She joined Trinamool Congress in the presence of party general secretary and MP Abhishek Banerjee. Taking to Twitter, the TMC welcomed the former parliamentarian to its camp. We warmly welcome the former President of All India Mahila Congress @sushmitadevinc to our Trinamool family! Inspired by @MamataOfficial, she joins us today in the presence of our National General Secretary @abhishekaitc & Parliamentary Party Leader, Rajya Sabha, @derekobrienmp, the TMC wrote on its official Twitter handle. In a letter to Congress president Sonia Gandhi late on Sunday evening, Dev said she wished to begin a new chapter in my life of public service and would always cherish my three decades-long association with the Indian National Congress. Dev said: Please treat this letter as my resignation from the primary membership of the Indian National Congress. I cherish my three-decade-long association with the Indian National Congress. Madam, I thank you, personally, for your guidance and the opportunities you gave me. I value the enriching experience. I hope I have your good wishes as I begin a new chapter in my life of public service, she added. Dev did not respond to calls or messages, but her Twitter handle shows her profile as a former member of Congress and former president of its women’s wing. A Congress leader in southern Assam’s Barak Valley confirmed her resignation. With her exit once again raising uncomfortable questions for Congress’ leadership, Kapil Sibal on Monday charged his party with moving on with eyes wide shut. Sibal, one of Congress’s group of 23 dissenters (G-23), tweeted, Sushmita Dev Resigns from primary membership of our Party. While young leaders leave we ‘oldies’ are blamed for our efforts to strengthen it. The Party moves on with: Eyes Wide Shut. Asked about her resignation, Congress chief spokesperson Randeep Surjewala said he has been unable to reach her on phone and claimed that Gandhi has not yet received her letter. Describing Dev as friend who is versatile and talented, Sujewala said, I am certain she is mature enough to take whatever political decision that she takes with appropriate consideration of her history, legacy and capacities. There were speculations that Dev, who had represented Congress in Parliament from the Silchar constituency like her father and former Union Minister Santosh Mohan Dev, may join the Trinamool Congress. During the recently concluded Assam Assembly election, Dev had spoken out against her supporters being ignored during ticket distribution as well as against the seat allocation to Congress’s ally, All India United Democratic Front, in the Barak Valley. Considered to be a close aide of former party chief Rahul Gandhi, Dev now joins the ranks of leaders like Jyotiraditya Scindia and Jitin Prasada, who left the Congress in search of better political prospects.

Sharad Pawar underlines need to lift 50% cap on reservations, hints at Home Ministry role in Pegasus use

The Central government’s hasty move to pass the bill giving rights to States to identify OBCs without lifting the 50% reservation limit is to deceive the OBC community, Nationalist Congress Party (NCP) chief Sharad Pawar said on August 16. Addressing a press conference on a wide range of issues at the NCP headquarters, Pawar also targeted Union Home Minister Amit Shah over the Pegasus spyware issue, saying that it could be the Home Ministry which has gotten involved and a probe may reveal the truth. All States in the country have already crossed the 50% reservation limit, including Maharashtra. Giving rights to the States to identify OBCs will not serve any purpose, because the reservation limit has not been lifted. All of the opposition members raised this issue in Parliament, which went unanswered from the government’s side, said Pawar. Till the reservation cap is lifted, even Marathas cannot be given benefits of reservation, Pawar pointed out, adding that his party will be uniting all OBC forces to create public opinion demanding the removal of 50% reservation limit. Clarifying the demands of the party, Pawar said a caste census must be held, empirical data should be provided to the State governments, and 50% reservation limit should be lifted. Only then OBCs will get actual benefits, otherwise they will continue to be misled, he added. Recalling the events at Rajya Sabha where marshals were called in to control opposition members, Pawar said he saw this for the first time in his parliamentary career of over five decades. Rajya Sabha MPs, including women MPs, were manhandled by the security. We did not even know these security personnel. Some said that they were brought from outside. This is a serious charge and needs to be probed, he said. The NCP chief said the Opposition had informed ruling benches that it wants a discussion on Pegasus, farm bills and fuel price rise which was sidelined by the government. When asked about the Defence Ministry’s statement of not buying Pegasus, Pawar said, The Defence Ministry said it did not purchase Pegasus. Israel says that it does not sell it to anyone except the government. We believe that such work is not only done by Defence ministry, but RAW, Home Ministry, NSA are also involved. We don’t know for sure, so the Supreme Court’s committee may look into it. The NCP chief also suggested the names of Congress leaders Abhishek Manu Singhvi, Kapil Sibal and P. Chidambaram as possible members of the committee. When asked about the ongoing crisis in Afghanistan, Pawar said time has come to assess how India’s foreign policy has worked in maintaining relations with our neighbours. The situation is not good, he said.

 

INTERNATIONAL NEWS

Kabul airport chaos stalls evacuations amid criticism of U.S. pullout

Thousands of civilians desperate to flee Afghanistan thronged Kabul airport on Monday after the Taliban seized the capital, prompting the U.S. military to suspend evacuations as the United States came under mounting criticism at home over its pullout, Reuters reported. Crowds converged on the airport seeking to escape, including some clinging to a U.S. military transport plane as it taxied on the runway, according to footage posted by a media company. Five people were killed in the chaos. The Taliban’s rapid conquest of Kabul follows the U.S. withdrawal of troops after 20 years of war that cost billions of dollars. President Joe Biden defended his decision to pull out, ending the United States’ longest war, arguing that Afghan forces had to fight back against the Islamist Taliban. Taliban forces patrol in Kabul, Afghanistan. But the speed at which Afghan cities fell in just days and the likely crackdowns on freedom of speech and women’s rights gained in 20 years have sparked angry criticism. If President Biden truly has no regrets about his decision to withdraw, then he is disconnected from reality when it comes to Afghanistan, a Twitter post from Republican Senator Lindsey Graham read. Republican Representative Jim Banks, a member of the House armed services committee, said on Fox News that Biden should explain his actions to the American people. What was more shocking to me than the images coming out of Afghanistan is what’s happening right here at home, he said. We have never seen an American leader abdicate his responsibilities and leadership like Joe Biden has. He’s in hiding. The lights are on at the White House, but nobody’s home. Where is Joe Biden? Jim Messina, a White House deputy chief of staff under former President Barack Obama, defended Biden’s move. There’s been bipartisan consensus that it was time to get out of Afghanistan, Mike Pompeo, the former Secretary of State, said earlier this month he supported Biden’s plan, and we’ve been there 20 years. It’s America’s longest-running war, it is time to get out, he said on Fox. Why should American troops be fighting a civil war that Afghan troops this week refused to fight for themselves, it was time to get out. President Ashraf Ghani fled on Sunday as the Islamist militants entered Kabul virtually unopposed, saying he wanted to avoid bloodshed. The United States and other foreign powers have rushed to fly out diplomatic and other staff but the United States temporarily halted all evacuation flights to clear people from the airfield, a U.S. defence official told Reuters. Suhail Shaheen, a spokesperson for the Taliban, said in a message on Twitter that their fighters were under strict orders not to harm anyone. Life, property and honour of no one shall be harmed but must be protected by the mujahideen, he said. It took the Taliban just over a week to seize control of the whole country after a lightning sweep that ended in Kabul as government forces, trained for years and equipped by the United States and others at a cost of billions of dollars, melted away.

Taliban assert control over Afghanistan. 

Victorious Taliban militants patrolled Kabul on Monday after a stunningly swift end to Afghanistan’s 20-year war, as thousands of people mobbed the city’s airport trying to flee the group’s feared hardline brand of Islamist rule. President Ashraf Ghani flew out of the country on Sunday night as the insurgents encircled the capital, capping a military victory that saw them capture all cities in just 10 days. After police and other government forces gave up their posts in Kabul on Sunday, Taliban militants took over checkpoints across the city and entered the presidential palace. Militants with rifles slung over their shoulders also walked through the streets of the Green Zone, the formerly heavily fortified district that houses most Embassies and international organisations. The Taliban, however, sought to reassure the international community that Afghans should not fear them, and said they will not take revenge against those who supported the U.S .- backed alliance. In a message posted on social media, Taliban cofounder Abdul Ghani Baradar called on the militants to remain disciplined after taking control of the city. China ready for ties China was the first major nation to flag support for the Taliban, stating it was ready for friendly relations. There were desperate scenes at Kabul’s airport on Monday as people tried to board the few flights available. Senior U.S. military officials say the chaos at the airport left seven people dead, including some who fell from a departing American military transport jet, according to Associated Press.

INTERNATIONAL NEWS 

President Ghani flees as Taliban close in on Kabul

The Taliban fighters entered the outskirts of Kabul on August 15 as panic-stricken workers fled government offices and helicopters landed at the U.S. Embassy in the Afghan capital as the militants’ further tightened their grip on the country. President Ashraf Ghani fled Afghanistan as the Taliban closed in on capital Kabul. Taliban fighters were ordered to wait at the gates of Kabul and not enter the city, an insurgent spokesman said, after the complete collapse of the country’s security forces. The Islamic Emirate instructs all its forces to stand at the gates of Kabul, not to try to enter the city, a spokesman for the Taliban tweeted. An Afghan official tells The Associated Press that Taliban negotiators are heading to the presidential palace to prepare for a transfer of power. The official, who spoke on condition of anonymity, said that the goal was a peaceful handing over of the government to the Taliban. Britain’s interior ministry said earlier that it was working to protect its citizens and help other eligible former UK staff to leave Afghanistan. Indian consulates in Kandahar and Mazar-e-Sharif – two of Afghanistan’s largest cities – were handed over to local staff over the last four weeks and all Indians evacuated via special flights. India is closely monitoring the situation. An Afghan official says forces at Bagram air base, home to a prison housing 5,000 inmates, have surrendered to the Taliban. The one-time American base over to the insurgents. The prison housed both Taliban and Islamic State group fighters. It came as the Taliban entered the outskirts of Kabul. Russia is working with other countries to hold an emergency UN Security Council meeting on Afghanistan as the Taliban completes its military takeover of the country, foreign ministry official Zamir Kabulov told Russian news agencies. Three Afghan officials told The Associated Press that the Taliban were in the districts of Kalakan, Qarabagh and Paghman in the capital. The militants later pledged not to take the capital by force as sporadic gunfire could be heard in the capital. It may be recalled that U.S. President Joe Biden had announced the withdrawal of US troops from Afghanistan starting on May 1 and ending on Sept.11, bringing America’s longest war to a close. Within a matter of few days the Taliban launched a major offensive on Afghan forces leading to the fall of Kabul by August 15.

Israel condemns Poland restitution law. 

Israel on Saturday condemned Poland’s approval of a law that restricts the rights of Holocaust survivors or their descendants to reclaim property seized by the country’s former communist regime and announced it was recalling its top diplomat in protest. The move ignited a diplomatic crisis between Israel’s government and the nationalist conservative government in Poland. After years of close ties under former Prime Minister Benjamin Netanyahu, Israel’s new government, which includes top officials who are the children of Holocaust survivors, has taken a far more confrontational approach. Both the U.S. and Israeli governments had strongly urged Poland not to pass the law and Israel had warned it would harm ties. Israeli Prime Minister Naftali Bennett called Duda’s signing of the law a shameful decision and disgraceful contempt for the memory of the Holocaust and said Poland has chosen to continue harming those who have lost everything. Foreign Minister Yair Lapid said that he had instructed Israel’s charges d’affaires in Warsaw to return home immediately and that the new Israeli Ambassador to Poland, who was scheduled to leave for Warsaw, will remain in Israel. The Israel Foreign Ministry also said it was recommending that the Polish Ambassador, who is on vacation home, not return to Israel.

NATIONAL NEWS 

PM’s address from Red Fort promises inclusion and progress

Marking the 75 anniversary of India’s independence, Prime Minister Narendra Modi called for making the next 25 years (when India will hit a century of independence) a glorious one with new thresholds, aspirations and dreams , coining the phrase Sabka Saath, Sabka Vikas, Sabka Vishwas, Sabka Prayaas (With all, development for all, the trust of all, the striving of all). In his eighth consecutive address to the nation from the ramparts of the Red Fort, Mr Modi like independent India’s first prime minister Jawahar Lal Nehru’s India’s Tryst with Destiny address said, There comes a time in every nation’s life where it defines anew what development means for it, and resolves anew on how to reach its goals, that moment for our country is now,. Modi termed the next 25 years as amrit kaal for achieving of these goals. The Prime Minister recalled the services and commitment of doctors, nurses, paramedics, sanitation workers, scientists and entrepreneurs who helped fight COVID-19 pandemic assisted by the development of indigenous vaccines. He also mentioned that while celebrating independence, Indians had taken an emotional decision to mark August 14th as Partition Horrors Remembrance Day for all those who had lost their lives and loved ones in the Partition of 1947. His speech, nearly 90 minutes in all, highlighted the efforts of his government to simplify laws, make government less intrusive, heavy investment in infrastructure, including the ₹100 lakh crore Gatishakti initiative the master plan for which would be unveiled soon.  It is worth noting that the Prime Minister was only repeating the promise made in 2019 and 2020! Prime Minister Narendra Modi raises slogans while addressing the nation from the ramparts of the historic Red Fort during the 75th Independence Day function, in New Delhi, Sunday, August 15, 2021.   The Prime Minister said his government was committed to the goal of 100% coverage of all welfare schemes, including the Jal Jeevan mission of tapped drinking water connections in all homes, Ujjwala cooking gas scheme, Pradhan Mantri Awaas Yojana for housing, Jan Dhan bank accounts for everyone and other such schemes. He also announced the admission for girls in all Sainik Schools across the country and that the use of fortified rice across all government nutrition programmes would also be undertaken —the government had committed to both promises a few years ago. The Prime Minister, in a nod to the ongoing protests by farmers to the three contentious farm laws introduced by his government, said the majority of Indian farmers were small and marginal and his government had prioritised their interests. Giving the slogan of ‘Chhota kisan bane desh ki shaan (small farmers should become India’s pride)’, Mr. Modi said 80% of India’s farmers had less than two hectares of land. Stressing that he had full faith in the youth of the country, the Prime Minister said this was a can-do generation which could achieve every goal. The Prime Minister said that development of Jammu and Kashmir as well as Ladakh was under way as was the work of the delimitation commission in J&K, and that Assembly polls would be held in the Union Territory sooner rather than later.

Sorry state of affairs, says CJI N V Ramana

Chief Justice of India (CJI) NV Ramana lamented the lack of quality parliamentary debates while enacting laws, saying its absence has led to spurt in litigation in courts inconveniencing citizens, courts and other stakeholders. Calling the current situation in the context of Parliamentary debates a sorry state of affairs, the CJI said laws are being notified without any proper debate, among lawmakers, leaving many gaps and ambiguity in legislations.  The CJI was speaking on the occasion of the flag hoisting ceremony organised by the Supreme Court Bar Association of India to celebrate India’s 75th Independence Day. The CJI’s cryptic observations come in the backdrop of a highly disruptive monsoon session of Parliament where little business was conducted  and the hurried manner in which important bills were passed in Parliament without discussion. For instance, the Tribunal’s Reforms Bill of 2021, sought the abolishment of nine appellate tribunals despite the Opposition pointing out that the move undermined the judiciary!

Mohan Bhagwat reminds the Government to be swadeshi in business and spirit

If dependence on China increases, we will have to bow before it, Rashtriya Swayamsevak Sangh (RSS) chief Mohan Bhagwat said after hoisting the national flag at a Mumbai school on the 75th Independence Day. Swadeshi for the RSS chief means doing business on India’s terms. We use the internet and technology a lot. Our country does not have the original technology. It comes from outside, Bhagwat said. No matter how much we shout as a society about China and boycott Chinese items, where does everything that is in your mobiles come from? If  dependence on China increases, then (we) will have to bow before China, Bhagwat said as quoted by agencies. Bhagwat’s observations appeared to be advising the government on the vision that should guide its economic policies. He said the economic vision should be to produce more and competition should be for the best quality of produce. We are not against international trade and commerce but our production must be in villages. It should not be mass production but production by masses, he said. News wire PTI quoting Bhagwat reported,  A controlled consumerism is necessary to ensure there is no exploitation of natural resources. The standard of living should not be decided by how much we earn, but by how much we give back,. We will be happy when we consider the welfare of all. To be happy, we need sound finances and for this, we need financial strength, Bhagwat said.

Trekking the highest battlefield in the wsaid

Where there’s a will there’s a way. A team of people with disabilities embarked upon a journey to trek the Siachen Glacier on Independence Day. They will attempt a world record for the largest group of people with disabilities to scale the highest battlefield in the world. Minister for Social Justice and Empowerment Virendra Kumar flagged off the expedition, which is being executed by Team CLAW’, a group of armed forces veterans working towards empowering people with disabilities. The final leg of the expedition from Siachen Base Camp to Kumar Post, at an altitude of 15,632 feet, will commence on September 1, 2021, Major Ambathy added. This is the land world record expedition part of ‘Operation Blue Freedom Triple World Records’ being undertaken, CLAW Global said. Those selected will undergo all the three stages of acclimatization and training at Leh (Stage 1), Siachen base camp (Stage 2) and North Pullu (Stage 3) after which the final expedition team would be selected. CLAW Global was set up in January 2019 by Major Vivek Jacob, a retired Para Special Forces officer, with the aim of teaching life skills to adventurers and people with disabilities.