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HP CM Jairam Makes Scandalous Comments on Judiciary, Says It’s Taking Decision Without Considering Merit

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HP Cm Jairam Controversial statement on Judiciary

Shimla-The courts are the guarantors of justice, whose role is fundamental in a State based on the rule of law, and it is imperative that they must enjoy public confidence. They must accordingly be protected from the destructive attacks that are unfounded.

In this day and age of robust media, the courts and judges are used to being criticized and take it on the chin. According to the settled law, one can freely criticize the judgments of the court. What is not permissible is to make statements that are  “an attempt to influence the court” and  “purported to scandalize the court”. 

The parliamentarians, especially, have a duty as elected representatives, to respect the independence of the courts and to ensure that any comments made are well-informed. As what is at stake is the “right to a fair trial” of a litigant and public confidence in the “administration of justice”.

Scandalizing the court’ is a convenient way of describing a statement which, although it does not relate to any specific judge, is a scurrilous attack on the judiciary as a whole, which is made to undermine the authority of the courts.

One such scurrilous attack undermining the Majesty of the Hon’ble Court came from none other than the Hon’ble Chief Minister of Himachal Pradesh Jairam Thakur on the State Administrative Tribunal (SAT).  As reported in Tribune News Service, dated May 14, the CM said:

“Though it would not be appropriate for me to comment on the functioning of the SAT, it has been witnessed that decisions are made without considering the merit of the case. There is very strong opposition amongst the ministers, party legislators, other elected representatives and organization leaders about the functioning of the SAT. So after holding deliberations with party MLAs, post elections, we could take a call on its future,

The Chief Minister said it was immaterial in whose term the Chairman or the Members of the SAT are appointed but the decisions must be fair and impartial. He did not mince words in stating that employees were getting stays on transfers without any merit. reported the newspaper.

The attributed statements appear to bring the court into disrepute, it asserts that the judges of the Tribunal are deciding cases without applying the law.

The statement refers to “Transfer Matters” and how they are not being decided to the liking of the Government. The statement implies that Government employee’s ‘transfer disputes’, which he raises against the Government, in the Tribunal, are not being decided in a way the Govt./ministers/organizational heads prefer. This is also given as a sole reason to shut down the tribunal in the future.

The attributed statements, on their face,  appear to influence the court in its decisions in ‘transfer matters’ and to interfere with the due administration of justice in the State. Comments conflate “correctness of decisions” with the satisfaction of political parties/ ministers/organizational heads. Further, the comments also are indirectly implying that the Tribunal is not “fair and impartial” in these matters.

The statement imputes unfairness when it says that “cases being decided without there being any merit’. This amounts to lowering the authority of the court and it certainly interferes with the performance of judicial duties. The minister has failed to respect the “doctrine of separation of powers” and breached the principle of “independence of the judiciary”.

Scandalising the Court Amounts to Contempt

The Chief Minister is not the first Chief Minister to make such scandalous remarks against the Courts. The famous case regarding a court being “scandalized” is that of E.M.S Namboodiripad v. T.N. Nambiar (1970). Namboodiripad, the then Chief Minister of Kerala had made a comment on how Marx & Engels considered the judiciary as an instrument of oppression and also that judges were guided and dominated by class hatred, class interests, and class prejudices. Found guilty of contempt by the Kerala High Court, the Chief Minister appealed to the Supreme Court, where a bench led by the Chief Justice of India, Hidayatullah, upheld the conviction and imposed fine. The judgment states,

“Judged from the angle of courts and administration of justice, there is not a semblance of doubt in our minds that the appellant was guilty on contempt of court. Whether he misunderstood the teachings to Marx and Engels or deliberately distorted them is not to much purpose. The likely effect of his words must be seen and they have clearly the effect of lowering the prestige of judges and courts in the eyes of the people. That he did not intend any such result may be a matter for consideration in the sentence to be imposed on him but cannot serve as a justification. We uphold the conviction.”

When the judiciary as such or a Judge, in particular, is attacked in this manner and the attack contains various kinds of imputations, such contempt is treated as scandalizing the court. The Oxford English Dictionary defines the word “scandalize” as “offend the moral sensibilities of; horrify or shock by a (real or imagined) violation of morality or propriety.”

To allow an insult and belittlement of an “institution of justice” is to expose the administration of justice to the grave danger of inhibiting the appreciation of the people of our courts, and the necessity of people confidently having recourse to our courts, for the settlement of their disputes. The faith in the judiciary is of prime importance.

It would be apt at this juncture to remember the wise words of Lord Denning the “best-known and best-loved judge of this, or perhaps any, generation” who said:

“It is the right of every man, in Parliament or out of it, in the Press or over the broadcast, to make fair comment, even outspoken comment, on matters of public interest. Those who comment can deal faithfully with all that is done in a court of justice. They can say that we are mistaken, and our decisions erroneous, whether they are subject to appeal or not.

All we would ask is that … those who criticize us will remember that, from the nature of our office, we cannot reply to their criticisms. We cannot enter into public controversy. Still less into political controversy. We must rely on our conduct itself to be its own vindication.”

No doubt the courts, while upholding the laws and enforcing them, do give support to one side but they do not do so out of any impure motives. They do not range themselves on-the-side of the Government when the law does not warrant so. To charge the judiciary as unfair and impartial, to say that the judges are not guided by law and cases are not being decided on merit, instinctively favouring the Government Employees, is to draw a very distorted and poor picture of the judiciary.

Whatever your political views, support your local judges and the institutions of justice. Its the only thing between you and the oppression by the powerful.

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Enraged Protesters Barge Into MD HRTC Office Over Poor Bus Services, Leaves Staff Speechless

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Protest at MD HRTC Office

Shimla– After the tragic Banjar bus accident that killed 46 people and left about 37 injured and the school bus accident in Shimla‘s Khalini in which two students and the driver were killed, the Himachal Pradesh Government may have shown some strictness towards overloading, but it forgot to ensure delivery of additional services to facilitate commuters. Protests, especially from the student community are frequently being reported in newspapers and media portals.

Surprisingly, this strictness is limited to Himachal Pradesh Road Corporation buses, while private buses continue to ply overloaded. The public in rural areas is suffering a lot because of this faulty policy of the government. The people complain that even if no one is standing in buses, HRTC conductor or police do not let them board these buses.  The situation has worsened to a level that people are now feeling harassed due to inefficiency and lack of vision of the state government.

The locals from Shimla district had submitted a memorandum regarding the shortage of staff in HRTC and problem they are facing due to suspension of routes without any prior notice to the government through Managing Director, HRTC a couple of days ago. Shockingly, they were not given any response.

Eventually, on Thursday, aggrieved by and enraged over an acute shortage of bus services and harassment in the name of overloading, villagers from various parts of Shimla district gathered at the Old ISBT of Shimla to meet the Managing Director, HRTC. Their anger was fueled as soon as they found that the MD was not present in his office. Led by senior leaders of Communist Party of India (Marxist) including former Mayor of Shimla Town, Sanjay Chauhan and Rakesh Singha, a sitting MLA from Theog Constituency, people sat down outside MD ‘s office and staged an aggressive protest.

Watch How Protesting Locals Left HRTC Staff Speechless


The villagers alleged that while several HRTC routes were suspended in various parts of the district without any prior notice, private buses are encashing on the opportunity by overloading, to which Police is showing a blind eye. The villagers also alleged that in the name of overloading, the passengers are forced out of HRTC buses without provision of adequate services. At the same time, they alleged, the government is allowing overloading in private buses. 

Villagers complained that their vegetable produce is rotting either because the bus routes to their areas were suspended without information or the frequency of HRTC buses plying to the area was reduced to twice or thrice a week. In addition, the problem of not allowing them to load their produce in busses beacuse of the overloading gimmick was just adding to their woes.

Villagers also alleged that school students in rural areas are compelled to miss their classes, even exams due to lack of bus services.

“The number of girl students who have left school and are sitting at home because of the paucity of bus services is in thousands. Their schools are located at a distance of two to three hours, and without bus services, it is not possible for them to travel to schools and back home from schools. These students are dragged out of HRTC buses in the name of overloading but no additional service is provided to them,”

said one of the locals.  

“Biometrics are installed at offices for attendance nowadays. The employees are not able to reach office on time and their attendance is suffering,

said another local present among protestors.   

Later, when the Managing Director arrived at his office and met the protestors, he admitted that HRTC is facing a shortage of drivers and conductors which is adversely affecting bus services in several routes.  The MD agreed to the demand of restoring services on routes where only single buses were plying.

The protestors ended their protest only after the MD assured them to take effective steps to curb the shortage of HRTC bus service. The protestors warned the MD of more aggressive protests if adequate services are not delivered within a week.

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Strict Vigil on Unauthorized Parking, No Parking in Areas Children Board, Deboard School Buses: CM

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Jairam thakur's statement on school bus accident

Shimla-After witnessing outrage among people over the accident of school bus in Shimla district’s Khalini that devoured three persons including two students and the driver and left five others injured, the Chief Minister Jairam Thakur called a meeting. Apparently, due to lapses on its part that played a major role in causing the accident, the State government came under heavy pressure. The Chief Minister had to make some announcements like it was done after the Nurpur school bus accident that had killed 24 children and three others in 2018 and the recent Banjar bus accident that killed 46 passengers.

In today’s announcement, the government assured that in Shimla town, parking will be allowed on one side of the road with yellow line and unauthorized parking will be dealt with strictly.
As done in such cases, a magisterial probe was also ordered.

He said signboards regarding ‘Authorized Parking Zone’ as well as ‘No Parking Zone’ would be erected in the town. It’s pertinent to mention that erection of signboards doesn’t work until these rules are implemented. In Shimla city, vehicles can be seen parked right in front of no parking signboards.

Further, he added that the work on three big parking slots in the town would be expedited whereas district administration and Municipal Corporation, Shimla would identify locations particularly in residential areas where small parking could be developed. This would not only ensure proper parking place for the commuters but also help in decongesting the city roads, he added.

District administration and Municipal Corporation were directed to identify parking areas with yellow line alongside the roads and sites where small parking slots could be developed by 10th July, this year. He said that the state government would also explore various aspects to allow private parking by individuals within the setbacks so that ample parking space could be developed.

He said that all the government offices should ensure that they have their own parking with sufficient space so that their vehicles could be accommodated thereby avoiding decongestion of main roads. He said that parking within a radius of 50 meters would not be allowed in such places where school children embark and disembark their school buses.

A massive Information, Education and Communication (IEC) activities would be carried out in the state to sensitize the people regarding road safety, he said. The narrow roads would be identified and steps would be taken for widening the same, he assured.

It was informed in the meeting that over 1,65,000 vehicles are plying daily in the Shimla town. Therefore it is the need of the hour that alternative roads are constructed for the convenience of the people.

The Chief Minister said that rupees five lakh are being provided to the next of kin of the deceased besides free medical treatment to the injured.

Like he had assured after the Nurpur bus accident, the Chief Minister again said that the condition of transport vehicles would be ensured properly and laxity in this regard would not be tolerated at any cost. All the school buses would be regularly monitored and school management would be sensitized about the safety guidelines.

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Shimla School Bus Accident Again Exposes Serious Lapses on Govt’s Part

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Causes of Shimla School Bus Accident

Shimla-After two weeks of tragic accidents of the overloaded private bus in Banjar of Kullu district in which 46 people had died and 37 were injured, the accident of the school bus in Jhinjhari of Shimla district has yet again exposed lapses on the part of the district administration as well as the State government.

Serious questions are being raised on the working of the government and its attitude toward the safety of passengers in public and private transport. The biggest shocker was the statement of the Transport Minister he had given prior to any investigation in which he had tried to protect the owner of the private bus.

This time, three persons including two students and the driver were killed. The accident occured when the bus fell into a 500 feet gorge while the driver tried to drive through a congested spot on the road. The Bus driver, Naresh Thakur, died on the spot. Two students of the Convent of Jesus and Mary School — Manya and Mehul, both aged between 13-15 years — succumbed to their injuries later on.

The primary reason given by the locals for the accident is congestion created on the already narrow road by wrongly parked vehicles and lack of roadside safety measures like parapets or crash-barriers. In fact, the matter related to the absence of roadside safety measures had been popping up after several fatal road accidents. However, neither the previous government nor the current government considered it a priority.

If the government had attended to these demands and, at least, installed crash-barriers, this accident could have been prevented, the locals exerted.

A wave of rage erupted among the locals, who even gheraoed the Education Minister who had arrived to visit the spot of the accident. He faced severe backlash and had to flee the scene after facing enraged locals.

The locals also smashed windows of the cars parked along the roadside. Following it, they staged a protest near Khalini and blocked the Khalini-Jhinjhari road. Reportedly, media persons, too, faced protest from the locals, who pelted stones at them.

Watch Video

At the same time, another shocking fact has come into the light. The HRTC bus was in a dilapidated state and its insurance had also expired. As per the former Mayor of Shimla town, Sanjay Chauhan, the bus was introduced in 2008 under JNNURM and was supposed to be decommissioned about three years ago. The bus faced frequent mechanical failures, the locals alleged. The bus driver had complained a fault with the steering a couple of weeks ago.

It’s worth a reminder that after coming into power, despite a debt of Rs 49,000 crore, the state government had bought several sport utility vehicles (SUV) worth over 30 lakh each. However, public transport is left on the mercy of poorly maintained, old buses.

The Akhil Bharatiya Janwadi Mahila Samiti, in a press note released today, alleged that the locals had brought the matter of road congestion due to wrong parking to the attention of district administration about three years ago. It said, the administration was told that the road is vulnerable to accidents, and demand for installation of parapets/crash-barriers was also raised.

The locals had even undertaken a week-long campaign against roadside parking. Signatures of a large number of locals were taken to highlight the matter. The road was declared as a ‘no parking zone’ after this campaign. But this campaign could not deter people from roadside parking for more than a couple of weeks. The administration also neglected the issue and showed complete laxity on its part.

If the administration had listened to the people, the lives lost today could have been easily saved.

The locals also alleged that the administration never bothered to take in to account the rising population in the area and requirement for parking space.

Sitting MLA, Theog, Rakesh Singha, also termed it as a failure of state government. He said that the real cause of each accident needs to be ascertained but the fact remains the state government has failed to prevent repeated accidents of buses in Himachal Pradesh.

“The major cause of accidents is bad conditions of roads, worn out vehicles having crossed seven lakhs kilometers mileage, failure to provide sufficient workshop staff to undertake timely maintenance and repair of vehicles, massive shortage of drivers and conductors leading to stress conditions of the available staff to carry out the operation of the regular bus route services,”

Singha said.

While Mahila Samiti has demanded a compensation of not less than Rs 20 lakh to the families of the three victims who died in the accident, Sigha has also asked the government to pay compensation beyond the set paraments.

“Loss of life cannot be compensated in terms of money but the state must provide relief beyond the parameters set by it and rupees ten lacks must be the minimum that is expected of any elected government,”

he said.

The Student-Parents forum, that has been demanding implementation of various rules in private schools including the deployment of their own school buses, staged an aggressive protest at the Directorate of the Higher Education. The forum said that it is mandatory rule for every CBSE affiliated school to provide students with its own school buses, which is hardly being followed. The angry members of the forum entered the office of the Director, which was followed by heated arguments. The forum asked why the Directorate has failed to implement directions of the State High Court passed in April 2018 regarding the safety of school children.
Student-Parent forum at HP Education Directorate

Meanwhile, Chief Minister Jairam Thakur repeated the usual statement assuring strict action against those who were responsible for the accident. However, now the people appear to have fed up with hollow promises and actions that are taken only in papers.

The opposition Congress, who had been a failure itself (in matters related to road safety) during its tenure, also opened an attack on the current BJP government and demanded the resignation of the Transport Minister.

The continued slumber of the government suggests that loss of lives hardly rings a bell for its officials. Their actions and remedies remain confined to documents and magisterial probes, which are not made public, like the Nurpur school bus accident and the one reported in Kullu’s Banjar.

If the government is actually serious about road safety, then it should undertake an extensive campaign to ensure that all roads are protected by crash-barriers, speed regulators are made mandatory for the public and private buses, old, dilapidated buses are replaced with new once, and black spots are fixed as soon as possible.

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