Anti-graft move puts big netas in dock

Hyderabad: The ‘Swatchh Bharat’ campaign launched by the Prime Minister Narendra Modi in the year 2014, has now reached its crescendo. Started as a road cleaning with brooms campaign which attracted the attention of all and sundry, more in awe than in belief, gradually spreaded over the benami deals, black money and money laundering activities.

In his last Independence Day address from the ramparts of Red Fort, the Prime Minister re-iterated his iron will to wipe out corruption irrespective of the status of the people involved in it.

Many people at that time pooh-poohed the Prime Minister’s resolve and termed it as a populist plank. But considering the chain of events that followed the Independence Day’s message of the Prime Minister, it seems that the things are moving seriously to materialise his resolve.

Many big heads have fallen on the ground since the last Independence Day. In the series, to name a few, Jharkhand’s the then CM, Hemant Soren who after playing the hide and seek with the Enforcement Directorate for a long time, ultimately surrendered to it and now he is cooling his head in the prison.

The main allegation against Soren is that he was the king-pin in what is known as the Mineral scam running into several thousands crores of rupees. The other big name is of the former health minister of Delhi, Satyendra Jain who is alleged to have indulged in a very big Havala racket.

Followed by him is the former Deputy CM of Delhi, Manish Sisodia who is alleged to have played a crucial role in the infamous Liquor scam.

This Liquor scam has so far taken a heavy toll of over a dozen persons including Mrs.K.Kavita, daughter of the former Telangana CM, K.Chandra Shekar Rao and a member of the legislative council; and last but not the least is Delhi CM, Arvind Kejriwal whose arrest has made a sort of history because it is for the first time that a sitting CM has been put behind the bars.

The arrest and imprisonment of Kejriwal raises several Constitutional questions. First, whether a political head of the state can be arrested under Prevention of Corruption Act or Prevention of Money Laundering Act notwithstanding such statutory provisions contained in these two special statutes.

The Constitution unfortunately is silent on this point. If the answer to this question is in affirmative, then extending the same logic why not the Prime Minister or any other Cabinet Ministers of the Union government be not arrested and prosecuted for similar offences. In fact, the parity in this regard is necessary to stop political witch hunting.

Second, a Delhi government minister, Arushi has publicly announced that Kejriwal is the CM of Delhi and he will continue to be the CM of Delhi even while in prison. Here again the Constitution is silent.

When Lalu Prasad Yadav or Hemant Soren were arrested and sent to jail, before their arrest, they had nominated their successors to be the CM of their respective States. In the case of Kejriwal the situation is altogether different.

Going by the public utterances of his ministerial colleague, it is certain that he will neither resign nor name his successor for the coveted post. In such a situation, the centre will be left with no other alternative but to impose the President Rule in the State of Delhi.

However, there are unconfirmed reports that either Kejriwal’s wife or the minister Arushi may be nominated as the CM by Aam Aadmi Party at least till Kejriwal comes out of prison.

KERALA GOVT. GOES TO SC AGAINST PREZ, GUV AND CENTRE

Intrigued by the delays caused by the Centre, President of India and the Governor in assenting the duly passed Bills by the Assembly , the left -dominated Kerala government has knocked the doors of the Supreme Court of India.

In its petition the State government has made, inter alia, Secretaries of the President and Governor as parties besides the Union government.

The petition contends that even on the subjects within the State legislature, the duly passed Bills are not assented by these Constitutional authorities deliberately.

The petition seeks to declare such attitude of the respondents as unconditional and illegal.

BOMBAY HC ON COPY RIGHTS

The single judge bench of Justice Bharti Dangre of the Bombay High Court recently passed an order against the copyright infringement of Pidilite Industries Ltd owned copyright of packaged colour, called ‘ Rangeela Holi Colours ‘.

The petitioner had sued four entities alleging copyright infringement, of which two gave undertaking before the court that they will not sell the copyright product of the petitioner company. However, two companies which had not appeared before the court, were restrained by the court from using and distributing the Holi colours with the brand name, Rangeela Holi Colours.

SC STAYS FCU NOTIFICATION

A day after it was notified in the official gazette by the central government, on March 21, the apex court stayed the said notification stating it violates the Constitutional right of freedom of speech and expression.The said notification granted powers to the government to classify online news as ‘fake’ after due fact check.

Two more judges for Telangana HC

Following the Presidential notification transferring Justice Sujoy Paul of Madhya Pradesh High Court and Justice Moushumi Bhattacharya of Calcutta High Court to the Telangana High Court, these two Judges are to take up charge on March 26 and 28 respectively.