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Central rule to continue through LGs: President’s rule revoked

Press Trust of India

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New Delhi, Oct 31: The President’s rule imposed in undivided Jammu and Kashmir was revoked on Thursday following the state’s bifurcation into Union territories, but the central rule will continue for an indefinite period through the Lieutenant Governor (LG) in the UT of Jammu and Kashmir.

President Ram Nath Kovind issued two separate notifications on Thursday morning — the first revoking the President’s rule in undivided Jammu and Kashmir and subsequently, taking over the control of the administration of the UT of Jammu and Kashmir, which will be controlled through the LG now.

The two Union territories come into existence on Thursday after the central government, on August 5, decided to abrogate the special status given to Jammu and Kashmir under Article 370 of the Constitution and create the UTs on October 31.

 

“In exercise of the powers conferred by clause (2) of Article 356 of the Constitution, I, Ram Nath Kovind, President of India, hereby revoke the proclamation issued by me under the said Article on 19th December, 2018 in relation to the State of Jammu and Kashmir,” the first notification said.

In the second notification, Kovind said Article 356 of the Constitution, under which President’s rule was imposed in a state, was not applicable to the UTs and the provision in case of failure of the constitutional machinery with regard to the UT of Jammu and Kashmir, which has a legislature, was governed by section 73 of the Jammu and Kashmir Reorganisation Act, 2019.

Section 73 of the Act says in case of failure of the constitutional machinery — if the president, on receipt of a report from the LG of the UT of Jammu and Kashmir, is satisfied (a) that a situation has arisen in which the administration of the UT of Jammu and Kashmir cannot be carried on in accordance with the provisions of this Act; or (b) that for the proper administration of the UT of Jammu and Kashmir, it is necessary or expedient to do so, the president may, by order, suspend the operation of all or any of the provisions of this Act for such period as he thinks fit and make such incidental and consequential provisions as may appear to be necessary or expedient for administering the UT of Jammu and Kashmir in accordance with the provisions of the Act.

The president, in the notification, said he had received a report from the governor of Jammu and Kashmir that the administration of the UT of Jammu and Kashmir could not be carried on in accordance with the provisions of the Constitution and the Jammu and Kashmir Reorganisation Act.

“In order to prevent any constitutional and administrative vacuum, it is necessary to invoke section 73 of the Jammu and Kashmir Reorganisation Act, 2019 for the proper administration of the UT of Jammu and Kashmir,” he said.

The president said after considering the governor’s report and other information, he was satisfied that a situation had arisen in which the administration of the UT of Jammu and Kashmir could not be carried on in accordance with the provisions of the Jammu and Kashmir Reorganisation Act.

“Now, therefore, in exercise of the powers conferred under section 73 of the Jammu and Kashmir Reorganisation Act, 2019, read with articles 239 and 239A of the Constitution, and of all other powers enabling me in that behalf, I hereby proclaim that I — (a) assume to myself as President of India all functions of the Government of UT of Jammu and Kashmir and all powers vested in or exercisable by the LG of the UT of Jammu and Kashmir; (b) declare that the powers of the legislature or legislative Assembly of the Union territory of Jammu and Kashmir shall be exercisable by or under the authority of Parliament,” the notification issued by the president said.

Kovind also used the incidental and consequential provisions, which were necessary or desirable for giving effect to the objects of this proclamation.

“In exercise of the functions and powers assumed to myself by virtue of clause (a) of this Proclamation, it shall be lawful for me as President of India to act to such extent as I think fit through the LG for administering the UT of Jammu and Kashmir in accordance with the provisions of the Constitution and the JK Reorganisation Act, 2019,” the notification said.

The central rule was first imposed in Jammu and Kashmir in June 2018, after the resignation of the then chief minister Mehbooba Mufti when the Bharatiya Janata Party (BJP) withdrew support to the state government led by the People’s Democratic Party (PDP).

The first central rule as “Governor’s rule” continued for six months.

After the six-month period, President’s rule was imposed for the next six months, which was subsequently extended with the approval of Parliament.

Article 356 of the Constitution, under which President’s rule is imposed in a state, is not applicable to Union territories.

G C Murmu and R K Mathur were sworn-in as the first LGs of Jammu and Kashmir, and Ladakh respectively on Thursday.

Ladakh is a Union Territory without a legislature like Chandigarh.


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CJI’s office comes under RTI, rules SC

Agencies

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New Delhi, Nov 13: The Supreme Court on Wednesday held that the office of the Chief Justice of India was a public authority and fell within the ambit of the Right to Information Act.

A five-judge Constitution bench headed by Chief Justice Ranjan Gogoi upheld the 2010 Delhi High Court verdict and dismissed three appeals filed by Secretary General of the Supreme Court and the Central Public Information officer of the apex court.

Cautioning that RTI could be used as a tool of surveillance, the top court in its judgment, held that judicial independence had to be kept in mind while dealing with transparency.

 

The bench, also comprising Justices N V Ramana, D Y Chandrachud, Deepak Gupta and Sanjiv Khanna, said only the names of judges recommended by the Collegium for appointment could be disclosed, not the reasons.

While the CJI and Justices Deepak Gupta and Sanjiv Khanna penned one judgment, Justices Ramana and Chandrachud wrote separate verdicts.

It said that the Right to Privacy was an important aspect and it had to be balanced with transparency while deciding to give out information from the office of the Chief Justice. Justice Chandrachud said the judiciary could not function in total insulation as judges enjoy constitutional posts and discharge public duty.

Justice Sanjiv Khanna said independence of the judiciary and transparency went hand in hand.

Justice Ramana, who concurred with Justice Khanna, said there should be a balancing formula for Right to Privacy and right to transparency and independence of judiciary should be protected from breach.

The High Court on January 10, 2010 had held that the CJI office came within the ambit of the RTI law, saying judicial independence was not a judge’s privilege, but a responsibility cast upon him.

The 88-page judgment was seen as a personal setback to the then CJI, K G Balakrishnan, who had been opposed to disclosure of information relating to judges under the RTI Act.

The high court verdict was delivered by a three-judge bench comprising Chief Justice A P Shah (since retired) and Justices Vikramjit Sen and S Muralidhar. The bench had dismissed a plea of the Supreme Court that contended bringing the CJI’s office within the RTI Act would ‘hamper’ judicial independence.

Justice Sen has retired from the apex court, while Justice Murlidhar is a sitting judge of the High Court.

The move to bring the office of the CJI under the transparency law was initiated by RTI activist S C Agrawal. His lawyer Prashant Bhushan had submitted in the top court that though the apex court should not have been judging its own cause, it was hearing the appeals due to the “doctrine of necessity”.

The lawyer had described the reluctance of the judiciary in parting information under the Right To Information Act as ‘unfortunate’ and ‘disturbing’, asking: “Do judges inhabit a different universe?”

He had submitted the apex court had always stood for transparency in functioning of other organs of State, but it developed cold feet when its own issues required attention. Referring to the RTI provisions, Bhushan had said they also deal with exemptions and information that cannot be given to applicants, but the public interest should always ‘outweigh’ personal interests if the person concerned is holding or about to hold a public office. Dealing with ‘judicial independence’, he said the National Judicial Accountability Commission Act was struck down for protecting the judiciary against interference from the executive, but this did not mean that judiciary is free from ‘public scrutiny’.

Transparency activists on Wednesday welcomed the Supreme Court’s decision, saying the apex court had reiterated the established position in law in the matter.

“I welcome the decision of the constitution bench to reiterate the established position in law that the CJI is a public authority under the Right to Information (RTI) Act,” said Venkatesh Nayak, head of access to information programme, Commonwealth Human Rights Initiative (CHRI), an NGO.

About the Supreme Court’s remark that RTI could not be used as a tool of surveillance, Nayak termed it as an “extremely unfortunate” observation. “Surveillance has unfortunately been equated with transparency that is required under a law duly passed by Parliament,” he told PTI.

Nayak said surveillance was what the government often does under executive instructions and that was not the purpose of the RTI Act. “People whose cases relating to their life, liberty, property and rights, are decided by the high courts and the Supreme Court. People have the right to know not only the criteria but all material that formed the basis of making the decision regarding appointments of judges in accordance with the provisions of the RTI Act,” he said.

Nayak said where exemptions were available under the RTI Act, they would be legitimately invoked by public authorities and all other information should be in the public domain. He said the appointment of judges, who were public functionary, was a public act.

“People have the right to know everything that is done in a public way by a government, in a democratic country, which must be accountable and responsible,” Nayak said. Former information commissioner Shailesh Gandhi also hailed the top court’s decision. “I had expected the same decision to come as logically there was nothing else. It is unfortunate that this has taken 10 years. The CIC has upheld this. The Delhi HC had also upheld this. Now, the SC has upheld this. All public servants that are paid by the government are a public service, no matter what the position is. You need to be accountable for your work. I congratulate the Chief Justice and the court for having given such a decision,” he said.

RTI activist Subhash Chandra Agrawal lauded the top court’s verdict. “I welcome the Supreme Court’s verdict. It is a victory of the RTI Act,” he said.

Another activist Ajay Dubey said the apex court’s decision was ‘historic’. “It is a historic decision and I welcome it. All decisions made by a public authority must be in public domain and under the RTI Act,” he said.

Dubey, however, expressed shock over the top court’s remark that the RTI Act cannot be used as a tool of surveillance.

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Shopkeeper shot dead in Tral

Monitor News Bureau

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Srinagar, Nov 13: Unidentified gunmen shot dead a shopkeeper at Tral in South Kashmir’s Puwlama district on Wednesday, police said.

The slain was in his shop near Old Bus Stand, Tral, 36 kms from here, when pistol borne masked men shot at him from point-blank range at around 3 p.m.

Zarger was immediately shifted to a nearby hospital, where doctors declared him brought dead.

 

A police official while confirming the killing said the slain hailed from Tral town.

Reports said the killing created panic in the town.

In recent weeks, militants have started targeting civilians and hurling grenades at crowded places to impose shutdown in the Valley.

Last Monday one civilian died while over 40 were injured when militants threw a grenade in a crowded market near city center Lal Chowk in Srinagar.

Prior to that, non-local laborers, truck drivers and fruit traders were targeted by the militants in south Kashmir.

On August 30, unidentified gunmen shot dead a 65-year-old shopkeeper at Parimpora area of Srinagar.  On September 30, unidentified gunmen shot at apple grower at Sopore leaving the grower and four others including a four-year-old girl injured.

The Valley witnessed spontaneous shutdown after the Center abrogated the special status of Jammu and Kashmir under Article 370 and bifurcated the erstwhile state into two union territories on August 5.

However, in recent weeks the impact of the shutdown is waning as more and more people are resuming their normal activities across Kashmir.

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Yet another accident: Four killed, 5 injured in Kishtwar mishap

Press Trust of India

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Jammu, Nov 13: Four people were killed and five others injured when a vehicle skidded off the road and rolled down into a deep gorge in Kishtwar district on Wednesday, officials said.

The vehicle, carrying pilgrims from Palmar to the Sarthal temple, fell into the gorge after the driver lost control over it, they said.

Police and locals rushed to the spot and shifted the injured to a district hospital in Kishtwar, where doctors declared four of them brought dead, the officials said.

 

Three critically injured people were shifted to the Government Medical College here through a chopper for specialised treatment.

District administration, Kishtwar, provided immediate relief of Rs 10,000 each to the family members of the deceased and 5,000 each to the injured.

This is the second such incident in 24 hours as 16 people, including five women and three children, were killed on Tuesday when a passenger vehicle skidded off the road and fell into a deep gorge in Doda district.

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