“The presiding High Court judge in the case was compromised due to a “conflict of interest” as his wife had contested the election for Shimla Municipal Corporation in 2012 on a Congress ticket.”
SHIMLA- The Himachal Pradesh High Court has appointed a senior advocate, Raman Kumar Bawa, and an assistant as amicus curiae to represent the RTI activist Dev Ashish Bhattacharya in the ‘Priyanka Vadra land deal case’. The high-profile nature of the case has made things difficult for the RTI activist, who had sought details of the deal via which Priyanka, a non-resident of Himachal, was allowed to buy land in Charabara, 23 km from capital town Shimla. The activist filed the RTI on July 2, 2014 seeking file noteings, copies of the sale deeds, relaxations etc.
Reportedly, the previous lawyer, who was representing the case in the court, had declined to fight the case any further. The reason remained unknown and the lawyer referred to personal reasons, which he didn’t discuss with the activist. Thereafter, no lawyer in Himachal dared to accept the case and represent the activist.
In between, a lawyer from Chandigarh expressed his will to represent the case in the Himachal HC, but was not allowed due to legal reasons. The activist then pleaded assistance of the HC itself to bring the case to logical conclusion and do the justice.
The court has appointed senior advocate R. K. Bawa who will be assisted by advocate Jivan. Reportedly, Bawa has served as the Advocate General during BJP government.
Interestingly, the RTI activist was not made aware of this decision to appoint amicus curiae by properly informing through any official mean. He had to file another RTI to obtain the progress in the matter.
Video: All About Priyanka Vadra ‘Shimla Land Purchase Case (in Chronological Order)
The Section 118 of the Land and Tenancy Reforms Act, 1972 prohibits sale of the land to non-resident or outsiders except for agricultural purpose. However, Priyanka built a lavish Bunglow in Shimla despite fulfilling any such requirements. The RTI activist had sought information regarding the relaxation provided to Priyanka under the Section 118 of the said Act.
A report published on The Wire even said,
RTI activist said that the presiding judge in the case, was compromised due to a “conflict of interest” as Chauhan’s wife had contested the election for Shimla Municipal Corporation in 2012 on a Congress ticket. Following which, Bhattacharya requested that the case be transferred to Delhi to be tried by another judge.
Another interesting fact about the case is that district administration had denied information to the activist. However, when the activist challenged it and approached the Chief Information Commissioner of Himachal Pradesh, the district administration was directed to provide the sought information under the RTI Act, 2005.
Priyanka filed a petition to prohibit release of the sought information sighting security reasons and being a SPG protectee. But, the RTI activist proved that even this reason wasn’t enough to legally prevent him from obtaining the information.
Then, the activist had alleged the Public Relation Officer of the HC of releasing court orders to media prior to the official date. However, the PRO was given clean-chit without any proper inquiry and without recording statement of the activist, who had filed the complaint.
The next hearing in the case is scheduled for March 2017. The appointed senior counsel Bawa is believed to have strong political relationships in the State. So, there’s hardly any favorable sign for the activist. The court and Priyanka also seems to be in hurry and aiming to end the case as soon as possible.
But at the same time, the image of judicial institutions and judges is on stake as a judge in district Mandi was caught red-handed by the Vigilance Department accepting bribe of Rs. 40,000 from one of the party in a check bounce case that involved lakhs of rupees. This is the first time that people of Himachal read a news about a judge in their own state being booked for accepting bribe (of merely Rs.40K) . The people have now begun to wonder whether corruption and influence of high-profile people prevails in the judiciary too.
HP Govt Employees to Get Higher Pay Scale on Completion of Two Years of Service: CM Jairam
Shimla-Himachal Pradesh Government employees working in different departments before January 3, 2022, would be given a higher scale at par with other employees on completion of two years tenure of regular service. A higher pay scale was also announced for the Junior Office Assistants (IT) on completion of two years of regular service.
Chief Minister Jairam Thakur made these announcements during the Karamchari Maha Sammelan of the Himachal Pradesh Non-Gazetted Employees Federation at the hotel Peterhof on Sunday.
He appreciated the role played by the employee especially frontline workers in the battle against the pandemic.
He said most of the government employees in the state have been given revised pay scales and on average, every employee has got the benefit of a 12 to 15 percent salary hike. There has also been an increase in the pension of about 1.50 lakh pensioners of the state. The financial benefits of Rs. 7801 crore have been given to state government employees and pensioners from the year 2018 to 2022. The pensioners who retired before 2016 are getting the benefit of a 15 to 20 percent increase in the pension while around 40 thousand pensioners who retired after 2016 would be benefitted soon, he said.
He said the daily wages were Rs. 210 in the year 2017 which has been increased by the present state government to Rs. 350. Similarly, 12 per cent interim relief annually has been provided to government employees and pensioners during the present government’s tenure. He said the Himachal government has provided Dearness Allowance to its employees and pensioners on the lines of Punjab and Central governments from the due date. The Punjab government has given only 5 percent interim relief to the employees while the Himachal government has provided 21 percent interim relief to its employees.
“Out of the total interim relief amount given to the employees and pensioners amounting to about Rs. 6500 crore, Rs. 3500 crore has been paid during the tenure of our government” added the Chief Minister.
He said that the state government has increased the government contribution for NPS employees from 10 percent to 14 percent benefitting more than one lakh employees. The NPS employees are being given the benefits of retirement and death gratuity at par with employees falling under the old pension scheme. The government has also increased the upper limit of death gratuity from Rs. 10 lakh to Rs. 20 lakh.
The Chief Minister said the state government has also increased the honorarium of para-workers working in various departments. The salary of outsource workers has been hiked by Rs 1,500 per month.
Non-Gazetted Employees Federation President Ashwani Thakur thanked the Chief Minister for providing various financial and other benefits to different categories of government employees.
Most Covid Restrictions to be Lifted From March 31, Mask and Hand Hygiene to Continue
New Delhi-The Centre has issued a notification to the States informing that the provisions of the Disaster Management (DM) Act, 2005 will not be invoked in the country after March 31. The Union Health Ministry said that the use of face masks and following hand hygiene will continue.
It implies that most of the Covid-related rules and restrictions would end.
Union Home Secretary Ajay Bhalla issued the notification which said that the decision was taken following the overall improvement in the situation and the preparedness of the government in dealing with the COVID-19 pandemic.
However, local authorities and State police can still invoke fines and criminal cases against persons violating COVID-19 norms under the Indian Penal Code (IPC), a senior government official said.
The DM Act was invoked on March 24, 2020, due to the pandemic
“Over the last seven weeks or so there has been a steep decline in the number of cases. The total caseload in the country stands at 23,913 only and the daily positivity rate has declined to 0.28%. It is also worth mentioning that with the combined efforts, a total of 181.56 Cr vaccine doses have been administered,” the notification said.
“I would like to mention that in view of the nature of the disease, we still need to remain watchful of the situation. Wherever any surge in the number of cases is observed, the States/UTs may consider taking prompt and proactive action at a local level, as advised by MoHFW (Health Ministry) from time to time,” the notification said.
The Indian government had issued various guidelines and measures for the first time on March 24, 2020, under the Disaster Management Act to curb the COVID-19 situation in the country, which have been modified several times thereafter.
India currently has 23,087 active COVID-19 cases and recorded 1,778 new cases and 62 deaths in the last 24 hours. The daily positivity rate has also declined to 0.28%.
HP Cabinet Decisions: Country Liquor Made Cheaper in New Excise Policy, Read All Decisions
Shimla-A meeting of the Himachal Pradesh Cabinet was held on March 20, 2022, under the chairmanship of Chief Minister Jai Ram Thakur.
The excise policy for the financial year 2022-23 was approved. Approval was also given for the renewal of retail excise vends in the state for the financial year 2022-23 at the renewal fees of 4% of the value of unit/vend.
The State Government said that wants to enhance the government revenue and curb the smuggling of country liquor from the neighbouring states by a reduction in its price.
The brands of Country Liquor will be cheaper as license fees have been reduced. This will help in providing good quality liquor at a cheaper rate to the consumers.
In the new excise policy, the 15% fixed quota of country liquor for manufacturers and bottlers to be supplied to the retail licensees has been abolished. According to the government, this step will give the retail licensees to lift their quota from the suppliers of their choice and further assure the supply of good quality country liquor at competitive prices. The MRP of country liquor will be cheaper by 16% of the existing price.
In this year’s policy, the Gaudhan Vikas Nidhi Fund has been enhanced by Re.1/- from the existing Rs.1.50 to Rs.2.50.
The fixed annual license fee of Bars has been rationalized by abolishing the area-specific slabs of license fee. Now throughout the State, there will be uniform license slabs based upon the room capacity in hotels.
Rates of the annual fixed license fee of Bars in the tribal areas has been reduced considerably.
Further, all the above stakeholders will have to install CCTV cameras at their establishments as it was made mandatory for them.
Wholesale vends and retail vends, the penalty provisions under the H.P. Excise Act, 2011 have been made more stringent.
An end to end online Excise Administration System would be established in Himachal Pradesh, the government said.
HP Government estimates a collection of Rs 2131 crore revenue during the year, which will be Rs. 264 crores higher than the financial year 2021-22 – growth of 14% in state excise revenues.
The Cabinet also gave its nod to amend Himachal Pradesh Disaster Relief Manual-2012 to include deaths due to biting of honey bees, hornet and wasps, accidental drowning and deaths due to accidents of vehicles (including land, water and air) under this Manual.
The Cabinet gave its approval for filling up 11 posts of ‘A’ Class Tehsildar in Revenue Department through direct recruitment on regular basis through Himachal Pradesh Public Service Commission.
HP State Toll Policy 2022-23
The HP Cabinet also gave its nod to HP State Toll Policy for the year 2022-23 which envisages auction cum tender for all the toll barriers in the State. During the year 2021-22, toll revenue has registered a growth of 20 percent of the previous year’s revenue.