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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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Himachal Pradesh: A Report on ‘Plight of Migrant Workers’ during the Lockdown & Need for Protection of their Rights

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Himachal pradesh - a report on migrant labourers during lockdown

Shimla-Poor people like migrant labourers and workers are nothing more than insects for the governments in India. The attitude of the government and its treatment of the poor workers, who had migrated to other states in search of livelihood, during the lockdown is a very clear evidence of it. What is more pathetic is the fact that that their plight remained invisible to the remaining public as mainstreamed media was being paid more by their political masters for diverting public attention from real issues to rubbish, spicy news. Our society is rotten to such an extent that public also preferred the rubbish served by the media over the bitter truth. Except for a small section of people including social activists, volunteers and non-profit-organizations actually worked to provide some relief like ration to the poor. Spare some time to go through a report on the plight of the migrant workers prepared by the Himachal Pradesh Workers Solidarity (HPWS) – a voluntary solidarity platform.

The first day of Lok Sabha’s monsoon session earlier this week saw MPs raising questions about the condition of Migrant Workers during the lockdown. The response of the Labour Minister that no data on migrant deaths for the period was available has drawn much flak. Additionally, no data on return of migrant workers was available for many states including Himachal Pradesh.

The issue of invisibilisation of migrant workers in a state like Himachal Pradesh has now been raised in a report, highlighting the impacts of the ongoing crisis on this community which contributes significantly to the state economy. Himachal Pradesh Workers Solidarity (HPWS) – a voluntary solidarity platform formed in April 2020, in its report, describes the havoc that a sudden, un- facilitated and unplanned national lockdown announced in response to the COVID19 pandemic six months ago had on the interstate migrant workers stranded in Himachal. HPWS ran a helpline during the period, provided assistance in accessing ration and other relief, travel to home states, through administrative coordination, registrations, and information dissemination etc.

Himachal, in the context of migration, is different from neighbouring Uttarakhand, where the rate of migration out of state is higher, whereas in Himachal the rate of in-migration is slightly higher than out-migration.

Gagandeep, a journalist based in Karsog and part of HPWS, elaborates,

“Post the decade of 1980 -90, expansion of industrial activities in the Shivalik hill region, multi-level infrastructure and development projects, growing local interests in horticulture, and cash crop farming alongside tourism-dependent economy made Himachal an emerging centre for in-migration.”

Today, workers from Uttar Pradesh, Bihar, Nepal, Uttarakhand, Jharkhand, Chhattisgarh, Rajasthan, and Kashmir constitute a large chunk of the migrant population in Himachal. Most of them are from Scheduled Caste, OBC, STs and minority communities. Difficult work areas and geography, insecure and unsafe living conditions, along with payment and other labour law violations, makes the situation even more difficult for them in mountain state like Himachal.

While the 2011 Census suggests that Himachal had approximately 3.10 lakhs migrant workers, this figure seems to be severely under-estimated due to lack of registration (under the Inter-State Workmen Act 1979), non-maintenance of data by State Labour Department and non-publication of all statistics of Census. The lack of data further worsened the pandemic crisis and impacted relief facilitation.

In response to the issues, the focus of the State was limited to distributing ration but ration alone was not enough for survival and sustenance. Ritika Thakur, another member of HPWS elaborates,

“Having some cash in hand was an urgent need to access gas cylinders, milk, medicines and other essential things like phone recharge, so that workers can at least call for support. Most of the people who contacted HPWS”, she adds, “had not been paid their wages and their savings had died out in payment of room rents and ration as loans and debts kept on piling up.”

Many migrant labourers complained about the interrogatory, apathetic and discriminatory attitude of the officials when they were called for ration support. Seeing no transport facility forthcoming, many workers were forced to walk back home on foot. When caught at borders they were put into quarantine centres forced to return or were left with no choice but to escape on foot.

“The online registration mechanism was completely inaccessible for workers and for weeks there was no response to registrations”,

according to Sukhdev Vishwapremi, a social activist and member of HPWS.

The first ‘shramik train’ ran as late as May 22, 2020.

“The government, meanwhile, allowed private bus operators to run on exorbitant prices,”

he adds.

Many workers were pushed to take loans or sell property/artefacts to be able to return home through these buses while 5000 HRTC buses remained standing in bus stands.

“The fact that the Central government shifted the burden of facilitating transport on the states without any significant co-ordination and clarity made matters worse, aided by lack of coordination and communication between nodal officers, both between Himachal and other states and within Himachal”,

Vishwapremi emphasized further.

According to the information shared by an officer from Himachal Pradesh Government (SDMA), 94,819 migrants had gone out from Himachal to various states of the country by June 23, 2020. As per the information received from SDMA under RTI, 14 shramik trains ferried around 13,183 people out of the state.

Himshi Singh from HPWS reminds, “more than 80% of the migrants took the road on their own expense in which the government merely provided e-passes for private transportation, and the number of people who walked on foot is not yet known.”

Adding further she remarks,

“It’s tragic that in the midst of this crisis, FIRs were registered against reporters who did stories on migrant worker’s condition and on the other hand no action was taken against fake news or media who communalised the issue leading to violence on minority communities like the migrant workers from Kashmir”.

The report highlights how Himachal was one of the 12 states who made major dilutions in labour laws in favour of companies and ‘ease of doing business’.

Almost five months have passed living with this epidemic and even as the success and failure of the lockdown are debated- the economy is falling in doldrums and our governments seem inconsistent and directionless. As per the estimate by ILO, 400 million informal workers in India will fall to critical levels of poverty than ever before- a situation that demands urgent cognizance, state accountability and a responsible approach.

In this regard, HPWS in this report has made the following recommendations for the State:

  1. Release in the public domain all the information about relief/support provided to migrant workers
  2. A joint task force be set to bring out a comprehensive report on the conditions and needs of migrant labourers in the state within 6 months
  3. Provide universal Access to Ration, Economic and other Relief Facilities
  4. Housing facilities for Migrant workers who have been living in Himachal and hostel facilities for seasonal labour
  5. Housing facilities for Migrant workers who have been living in Himachal and hostel facilities for  seasonal labour
  6. Compliance of SC/HC orders-setting up helpdesk/grievance redressal centres at Panchayat, Block, Tehsil  and District levels and conducting employment and skill-based survey of the migrant workers who have returned from other states
  7. Dilution in labour laws be withdrawn and all changes scrapped and strengthening the time-bound  ‘Grievance Redressal’ system and Labour Courts Mandate the registration of all migrant labourers working in the state under ISWMA 1979

HPWS will be submitting the report to various state and central agencies for further advocacy and hopes that the HP Government will take adequate measures to protect the interests of the migrant worker communities in the state.

Read Complete Report

Feature Photo: Sumit Mahar, Volunteer HPWS

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Amid Surge in COVID-19 Cases in Himachal, Speculation of Complete Lockdown Gains Momentum

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Himachal Pradesh Lockdown from August 1st speculations

Shimla-The number of COVID-19 cases is rising at an alarming rate in Himachal Pradesh as for the past five consecutive days, the state had been reporting nearly 100 cases per day. With Monday’s 95 new cases, the tally  for the state jumped to 2270. The number of active cases has crossed the 1000 mark to reach 1025 on Monday. So far, 1216 patients have recovered while 12 of them succumbed to COVID-19 infection.

Among Monday’s cases, Sirmaur district reported the highest 31 cases from Govindgarh (mohalla) locality in Nahan. Complete lockdown of two days was imposed in this area but the spurt in cases continues. Fifteen new cases were reported from Baddi and Parwanoo in Solan district while remaining cases were reported from Bilaspur (11), Mandi (10), Kangra (16), Shimla (5), Una (2), Hamirpur (1), and Chamba (3).

In Shimla, five family members of a policeman, who had tested positive a couple of days ago, also tested positive.

HP Health Department’s COVID-19 Bulletin July 27, 2020 (9PM)

himachal pradesh demand of lockdown amid surge in covid-19

Some leaders of the ruling party (BJP) continue to invite criticism for behaving irresponsibly. The government itself is not learning any lesson from the situation in Govindgarh- a hot spot where the outbreak was triggered due to a marriage ceremony.

On Monday, the opposition Congress filed a police complaint against three persons including a BJP leader for violating rules by roaming around and meeting a large number of people instead of placing themselves under home-quarantine. The opposition said that samples of these persons were taken after they showed symptoms of the COVID-19 infection. Still, these persons kept roaming around after giving samples. The opposition has also alleged a discrimination was seen in initiating legal action for violations of social distancing norms. In Spiti, hundreds of tribal women were booked for staging protest against Minister Ram Lal Markanda for not adhering to the resolution passed by the locals regarding mandatory quarantine for all including the residents of the district. Cases have been filed against the opposition Congress too for violating these norms during recent protests. 

Earlier, a leader from Mandi had introduced the coronavirus in Chief Minister’s office and the State secretariat and infected about two dozen of his contacts including the Advocate General and his family. The leader reportedly visited the IGMC, Shimla, State High Court and other offices.

Now, another ex-MLA from Nadaun and the Vice-Chairman, HRTC, was reported to have met several party workers and even attending an event as the chief guest. Vijay Agnihotri reportedly continued shopping, roaming around, and meeting people after giving a sample. Reportedly, he also attended a marriage ceremony. The district administration would now have a task to trace all his contacts.

At the sametime, the Congress was also seen disregarding the social distancing norms during their recent protests against the hike in bus fare.

Laxity in Organization of and Checking Gathering in Govt Events

While the state government has issued guidelines for attending funerals and marriages, there is hardly any seriousness when it comes to organizing government or the party events. The ‘havan’ organized in Shimla where hundreds of people had gathered and several party leaders including Chief Minister Jairam Thakur had visited it. The event had invited criticism as the Chief Minister and workers of BJP Mahila Morcha were seen disregarding every social distancing norm. 

An employee of HP University also tested positive recently. A few days prior to the confirmation of this case, an event was organized at the varsity on the occasion of the Foundation Day a large number of people including media persons were present.  

Amid such a sharp increase in cases, instead of being so lax, the government is supposed to prohibit any such gathering or at least issue guidelines regarding the maximum number of persons allowed to attend such events/functions.

Solan district where the total COVID-19 cases have reached 553 has begun to witness a shortage of health staff.  The BBN area is the worst hit and has reported about 80 percent of the total cases in Solan. According to a media report, there are only 10 doctors at the CHC at Nalagarh and six at the Civil hospital, Baddi. There are only 28 nurses.

Amid this panic, the public, especially from Shimla district has been suggesting the imposition of a lockdown and questioning the government over still keeping the border open for tourists. To make thing even worse, there are instances where people violated quarantine rules after their samples were taken or were not monitored properly. In Mandi district’s Bagsaid market, a person had opened his meat shop giving a sample. It was after the arrival of his report that the shop was closed. 

Further, the online opinion poll of the State Government inviting public opinion over the imposition of a complete lockdown in the state has led to speculations of a possible lockdown from August 1st.  The matter regarding a lockdown is expected to be taken up in the Cabinet meeting to be held on July 30. The public is confused and preparing to stock up ration/essentials or planning to leave for villages. Several readers have also been writing to Himachal Watcher to inquire about the possibility of imposition of a complete lockdown.  

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First Open for Tourism, Then Train Staff, HP Govt Goes Topsy Turvy

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Himachal pradesh CM jairam thakur on hotel staff training

Shimla- In the last week, the Himachal state government has taken decisions that could have a long-lasting impact on citizens without consulting or even informing all stakeholders.

First, it came out with guidelines for tourism that did not have any inputs from the tourism industry. Second, it decided to open the state for tourism without consulting hotel and travel industry or keeping village pradhans in the loop.Six days after the decision to allow tourist activity and opening State borders for tourists, the state government of HP has decided to train people employed with the industry.

“Online training for the Hospitality sector would also be held in wake of COVID-19. About 10,000 candidates would be provided one-day training on hygiene and sanitation procedures. Three weeks training on basic essential of a tourist guide communication skill etc. would be provided to about four hundred candidates,”

said Chief Minister Jairam Thakur in a review meeting with Tourism Industry officials on 8th July. It’s surprising that the Government did not find the time to either have this ‘1 day training’ program ready or train the staff of hotels and restaurants before throwing open state borders for tourists. The government gave no time to the hotel industry to understand, prepare and implement directions given in the issued SOPs.

Major Hotel Associations have already decided to keep hotels closed at least till September and  Village Pradhans have also refused to allow tourists into their jurisdiction. The Chief Minister said that the State Government is following the lead of states such as Uttarakhand, Rajasthan, Goa, Kerala etc. where the Governments have decided to open the State for tourists.

To enter Himachal Pradesh, tourists have to meet three conditions, a valid booking for at least five days, a COVID-19 test report from an Indian Council of Medical Research (ICMR) certified laboratory not older than 72 hours and their vehicle should have a sanitisation certificate.

About 600 tourists have already entered Kangra district. Police arrested a couple in Kangra district who managed to enter the State by furnishing a fake COVID-19 negative report.

“A case was registered at Damtal police station against a couple who entered HP from Bhadroya barrier based on fake COVID Negative test report. Legal action is being initiated against them for cheating, fraud & forgery. They are currently lodged in an institutional quarantine facility at Parour,”

SP, Kangra, Vimukt Ranjan, said confirming the report. In another case in Kullu, five tourists, who managed to enter the State and reach Bajaura barrier in Kullu, were detained for not carrying required documents. A total of 12 tourists have been allowed in to Kullu district after they met the three conditions needed for tourists.

According to Kullu district police, about 70 tourists from Punjab, Haryana, Chandigarh, Rajasthan, Telangana, Uttar Pradesh etc. were sent back for not fulfilling conditions prescribed by the State Government. Tourists who should be sent back for a lack of required documents and fulfilling conditions given in the SOPs issued by the State Government are able to cross barriers at borders, like Parwanoo and Swarghat.

Police manning barricades are also frontline staff who are at risk.

We have provided police who are manning the barricades with N95 masks, raincoats that will serve a double purpose for rain and COVID protection and long gloves, policemen over the age of 50 years and those with existing conditions are not deployed at barricades,

said DSP, Kullu, Priyank Gupta.

While the majority of the hospitality industry players, (which is worst hit by the loss of business), is against opening the State for tourism, there are some, especially those who have leased hotels and taken loans who want to open for tourism. However, until the state government takes steps to add healthcare facilities and make more dedicated COVID hospital wards especially in rural areas, large scale tourism could endanger locals.

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