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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.

(The post was first published in https://lawumbrella.wordpress.com/ )

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Farmers Welcome SC Order to Stay Implementation of Farm Laws But Suspicious About Formation of Committee

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stay on farm laws

New Delhi: The Supreme Court on Tuesday stayed the implementation of three contentious farm laws passed by the Centre Government, which has led to huge protest from hundreds of farmer groups. The stay implies that the Centre Government can’t take any executive actions based on these laws till further order. 

“The implementation of the three farm laws (1) Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020; (2) Essential Commodities (Amendment) Act, 2020; and (3) Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020, shall stand stayed until further orders,”

said the order passed by a panel headed by the Chief Justice of India (CJI) Sharad A Bobde on Tuesday.

Further, the MSP system would continue as it was before the enactment of the laws.

“As a consequence, the Minimum Support Price System in existence before the enactment of the Farm Laws shall be maintained until further orders. In addition, the farmers’ land holdings shall be protected, i.e., no farmer shall be dispossessed or deprived of his title as a result of any action taken under the Farm Laws,”

the order said.

With this order, the SC hoped to end the ongoing impasse over the contentious farm laws.

The farmers who have been protesting for over the last 45 days, welcomed the SC’s order.

However, at the same time, the Apex Court ordered the formation of a committee to listen to both sides and make recommendations to the court. The committee, which would comprise of Agriculture economist Ashok Gulati, Bhupinder Singh Mann, Dr Prmod Kumar Joshi, former director of National Academy of Agricultural Research Management), and Anil Ghanwat from Shetkari Sangathan, was asked to submit its report in the court within two months.

The CJI, in its order, speaking about the purpose of this “extraordinary” order, said,

“While we may not stifle a peaceful protest, we think that this extraordinary order of stay of implementation of the farm laws will be perceived as an achievement of the purpose of such protest at least for the present and will encourage the farmers’ bodies to convince their members to get back to their livelihood, both in order to protect their own lives and health and in order to protect the lives and properties of others.”

Though a stay on the implementation of laws was welcomed by protesting farmers, several unions said that they would not accept this committee and the protest will continue. They said the Government is trying to form this committee through the Supreme Court. This committee, they said, included persons who have already been justifying the farm laws. They said the purpose of this committee is nothing more than creating a diversion. The protest would be armed up and only a repeal of laws would be accepted, the unions said. 

At the same time, the SC was undeterred with these statements and said there is nothing that can stop it from forming a committee. The SC asked the farmers to cooperate with the committee.

On the other hand, the Government was more concerned about that other political parties would think of the stay as a “political victory”.

Further, the Government has also expressed apprehension about security breach due to the tractor rally planned by protesting farmers on the Republic Day.

K.K. Venugopal, Attorney General, told the court that there are reports that the farmers’ bodies may take out a tractor rally on January 26, 2021, disrupting the Republic Day Parade and celebrations However, the same was stoutly denied by Dushyant Dave, learned senior counsel appearing for a few of the farmers’ bodies on the ground that at least one member of the family of each of the farmers from Punjab is in the Army and that they would not disrupt the Republic Day celebrations.

The Court, in its order, said that several rounds of talked between farmers and the Government have failed and there was no solution in sight.

“The situation on ground is: (i) that senior citizens, women and children are at site, exposing themselves to serious health hazards posed by cold and covid; (ii) that a few deaths have taken place, though not out of any violence, but either out of illness or by way of suicide,”

the order said.

The court also lauded the farmers for carrying on the agitation peacefully without any unwanted incident.

Further, the Court orders also mentioned separate petitions filed by individuals/residents of the NCR complaining of blockade of roads/highways leading to Delhi and terming it an infringement of the fundamental rights of other citizens to move freely and to carry out trade and business.

Stay on 3 Farm Laws and Formation of Committee: Read Full Order of Supreme Court

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Inflation, Increased Cost of Food Items, Ration, Crumbling Health Infrastructure, and 100 Gram Sugar: Govt’s Diwali Gift to People

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hp govt's gift on diwali 2020

Shimla-The Himachal Pradesh Government has collected over Rs. 86 crores in the name of the COVID-19 relief fund, but only Rs 25 crore was spent. It was stated by Sanjay Chauhan, former Mayor of Shimla and a senior CPI (M) leader. It’s a shocker considering negligible relief measures and the state of health infrastructure crumbling amid a pandemic. The unpreparedness of the state government to deal with community spread of coronavirus is coming to light as its COVID-19 hospitals have begun to run out of beds in isolation wards. Two major medical facilities -Indira Gandhi Medical College & Hospital and DDU Hospital in Shimla- are packed to their full capacity. 

What’s not shocking is that Chief Minister did hail the Prime Minister, exactly as he was told, claiming that the nation is out of COVID-19 crisis. It suggests that the Chief Minister is little aware of the surge in cases and over 400 COVID-19 deaths, of which 93 were reported during the last 12 days of November month. Yesterday, the state has reported over 700 cases with six deaths, which is alarming.

“Prime Minister Narendra Modi deserves all praise for his dynamic leadership as he is successfully steering the Country amid all troubles and difficulties. He has successfully brought the Nation out of Covid-19 crisis,” 

said Chief Minister Jai Ram Thakur, while addressing a public meeting at Sihunta under Bhatiyat Assembly Constituency on Wednesday. 

Talking about the real situation and relief measures, the state Government became a laughingstock and was being trolled on social media after it announced 100 gram sugar and 500-gram rice per person to all ration cardholders as a Diwali gift. If that was not enough, according to a media report, this quota has still not reached the depots. There is a possibility that it would reach the cardholders only after Diwali.

The reason behind this backlash is not only that 100-gram sugar is too trivial to be called a gift or relief, especially amid a pandemic when common people, especially those falling in middle and lower-income groups, are faced with unemployment and economic crisis.

While the people were hoping for relief from their elected government, inflation was on the rise. Currently, prices of food items including vegetables and other essential commodities have also witnessed a huge increase. Further, cut in subsidy on electricity, hike in bus fare, increase in property tax, rise in diesel and petrol prices etc. have put additional burden on the commoners. 

Then there were other issues like relaxation in garbage collection fee for the period of lockdown. Sadly, the public did not get any relief even in garbage bills despite staging protests. 

Meanwhile, Ministers made news for spending tax money on buying luxury vehicles and VIP numbers. 

Oppositions, Congress and CPI (M) have also targeted the government over its failure to provide any considerable relief to the people when it’s most needed. As per oppositions, the current government has no control over the market or inflation.

Chauhan also raised the issue of thousands of vacant posts of doctors, para-medical staff, nurses etc. at medical facilities across the state. He said that of the total 1000 posts of lab technicians, 700 were still vacant. He said that the government did not prepare for a community spread despite having a time of eight months during the lockdowns. It was due to this lackadaisical attitude of the government that currently IGMC and DDU hospitals have run out of space in isolation wards, he said.

He also said that, in an all-party meeting convened on March 21, CPI(M) had given the government 12 recommendations to effectively deal with the situation. The party had suggested that thousands of vacant posts should be filled at the earliest, all government buildings construction of which were completed should be prepared to accommodate COVID-19 patients. Similarly, at least four blocks of the under-construction building of IGMC should also be equipped with facilities to accommodate patients, the party had suggested. 

On November 8, 2020, the state unit of Mahila Congress staged a protest over a huge increase in prices of food items. They wore garlands of potatoes and onions and marched from the party headquarter to the Office of Deputy Commissioner, Shimla. Women alleged that the people have received no relief despite such a huge crisis. Instead, the current government is encouraging hoarding of essentials.

The opposition also said that the government has increased the rate of cereals provided through the public distribution system. This increase is Rs 5 for cereals and Rs. 9 for mustard oil. Vegetable prices have gone beyond Rs 50 during the festival season. It also said that the registration fees of vehicles have also been increased.

Sanjay Chauhan is of the view that to provide relief, the government should deposit at least Rs 7500 in the accounts of consumers and provide them with 10 kg ration per person for free.

He also said that recently the government has hiked the charges for electricity and installation of meters. The government has now withdrawn its notification restricting schools to charge only tuition fee and allowed them to charge full fees, including those pending for the period of lockdown, he said. This decision has come as a huge financial burden for parents and is causing mental harassment. 

The policies of the current government are only benefiting corporates, while other sections like labourers/daily wagers, small scale industries and businesses, shopkeepers, farmers are faced with financial crisis and unemployment due to lockdowns imposed in view of corona pandemic, Chauhan said. 

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Exam Fees in Govt Schools Hiked Amid Pandemic, Private Schools Allowed to Charge Full Fees Relaxed During Lockdowns

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himachal pradesh - private school fees during lockdowns

Shimla-Amid the pandemic and economic slowdown, the public had hoped for relief from the government; unfortunately, they are only receiving more financial burdens in form of hikes in bus fares, cut in electricity subsidy etc. Now, the Himachal Pradesh Board of School Education (HPBOSE) has decided to implement hike in examination fees on the students of government schools.

A student of class 10 will now pay Rs 600 as examination fee instead of the previous Rs 500. For the students of class 12, this fee has been hiked to Rs 850. Read complete notification below:

Another bad news for parents came after the government, citing orders of the State High Court, allowed private schools to charge all fees which were deferred during the lockdowns. Moreover, in its previous notification, the Directorate of Higher Education had only mentioned deferring the fee, and not waiving it of. This decision has led to distress among parents because pending fees of some of the schools would go in lakhs.

Also Read: Himachal: Private Schools Only Asked to Defer Fees During Lockdown, Not to Waive Off, Thanks to Helpless Edu Minister

Private schools are not funded by the government and they depend entirely on fees to meet their expenditures, the government said.  The state government had directed the schools to not cut salaries of teachers or fire them during lockdowns. However, despite the pandemic, the state government did not consider compensating these institutes. Similarly, bus fares were also hiked instead of compensating transporters.

Earlier, the state government had yielded to the pressure from parents to relax all fees except tuition fees as the educational institutes were closed and no facilities were availed by the students.

Further, it’s pertinent to mention that the Ministers of the state government are making headlines for allegedly wasting money on buying luxuries with the public tax money. Recently, Education Minister Govind Singh Thakur remained in news for buying a luxury vehicle amid pandemic even though he already had a Fortuner. Prior to that, the IPH Department has been in news for buying not only an SUV for a XEN but also purchasing a VIP number for Rs. 1 lakh.

At the same time, huge wastage of money was seen during the commissioning of the Rohtang Tunnel on publicity to claim the credit. Large hoardings with the faces of CM Jairam Thakur and PM Narender Modi can still be seen throughout the state publicizing commissioning of the Tunnel. Money was spent on installing LEDs across the state to live telecast the event. There is distress among the people over the debate that, amid pandemic, this money could have been used to provide the public with some relief, but instead, the government seems to be insensitive enough to put personal interest first.

Earlier, the government had hiked vehicle registration fee and cut electricity subsidy to generate resources. The vehicle registration fee was increased to 7-10% of the existing 2.5-4% in June.

Feature Photo: [email protected]

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