Eleven people, including 10 security personnel, were killed in an encounter with alleged Maoists in Chhattisgarh’s Dantewada on Wednesday afternoon.
The deceased were jawans of District Reserve Guard (DRG), a locally raised anti-insurgency unit and were out for an anti-Naxal operations when they were ambushed, said the police.
“Today, on April 26, DRG force was dispatched from Dantewada for anti-Naxal operation on the intelligence of the presence of Maoist cadre under Police Station Aranpur area of District Dantewada. While they were returning after the operation, an IED was blasted by Maoists on Aranpur road due to which 10 DRG jawans + 01 driver involved in the operation were martyred,” said a statement by Chhattisgarh police.
Union Home Minister Amit Shah spoke to Chief Minister of Chattisgarh Bhupesh Baghel and took stock of the Dantewada incident. He said the Centre will give all possible help to State Government, a government official said.
Defamation case: Gujarat High Court judge recuses herself from hearing Rahul Gandhi’s appeal against Surat court order
A Gujarat High Court judge on Wednesday (April 26) recused herself from hearing Congress leader Rahul Gandhi’s appeal challenging the order of the Surat sessions court that declined to stay his conviction in a criminal defamation case over his “Modi surname” remark.
Gandhi’s lawyer P.S. Champaneri mentioned the case before the court of Justice Gita Gopi, seeking an urgent hearing. But after a brief hearing, the court said, “Not before me.” The development comes a day after Gandhi filed the appeal in the High Court.
Champaneri said the court earlier granted him permission to circulate the matter for Wednesday, but when it came up for hearing, it recused itself from hearing the case.
Now, a note will be sent to the Acting Chief Justice to place the matter before any other court, he said.
The case was requested to be taken up in the court of Justice Gita Gopi because her court deals with the subject of criminal revision, Champaneri added.
A metropolitan magistrate’s court in Surat on March 23 sentenced the former Congress president to two years in jail after convicting him under Indian Penal Code (IPC) sections 499 and 500 (dealing with criminal defamation) in the 2019 case filed by Gujarat Bharatiya Janata Party (BJP) MLA Purnesh Modi.
Following the verdict, Gandhi, elected to the Lok Sabha from Wayanad in Kerala in 2019, was disqualified as a Member of Parliament (MP) under provisions of the Representation of the People Act.
Centre targets ‘obscenity’ on streaming platforms, despite few complaints
OTT, or over-the-top, streaming services like Netflix and Amazon Prime Video are facing pressure to comply with the Information Technology Rules, 2021, and to exercise further restraint in streaming mature content. This is despite the fact that two High Courts have stayed provisions of the IT Rules, which require them to appoint a grievance officer and take down content when ordered to do so by a self-regulatory body.
The Ministry of Information & Broadcasting has issued two advisories on the issue: the first, in February 2022, told streaming platforms to ensure that a grievance officer’s details are made publicly available on their websites; the second, issued on March 24 this year, warned streaming platforms to exercise “abundant precaution in ensuring that films and web-series... do not fall [a]foul of the... Code of Ethics” that is laid out in the IT Rules.
“Given that the Code of Ethics under Rule 9(1) of the IT Rules, 2021 has been stayed by the Bombay and Madras High Courts, OTT Platforms are not presently bound by the terms thereof,” the Internet Freedom Foundation said, in a statement to The Hindu.
Beyond the government advisories, a self-regulatory body that includes Netflix, Amazon Prime Video and ALTBalaji as members, issued its own internal advisory to streaming firms. The fact that some sites do not have grievance officers or monthly reports of grievances posted on their website does “not appear to be in strict conformity with the law,” Justice (Retd.) A.K. Sikri, chairperson of the Digital Publisher Content Grievances Council (DPCGC)’s Grievance Redressal Board, said in an advisory to streaming platforms on April 10.
I&B Minister Anurag Thakur recently warned streaming services, which have largely stopped releasing mainstream series and shows with politically or religiously sensitive themes, that they should not make content that offends Indian cultural sensibilities. The Ministry did not respond to The Hindu’s queries on the legal aspects of its advisories to streaming platforms following the High Court stays.
As recently as Wednesday, Thakur said at an event, “There are multiple complaints about the kind of content that should not be on TV, that is shown on OTT.” He added that the Ministry would take up the issue with streaming services in the coming week, and illustrate which particular series or films are encouraging the government to involve itself further in the streaming regulations.
This comes even though the DPCGC, one of the self-regulating bodies for streaming services, received zero appeals on content complaints in February and March, and just one complaint each in the two months before that, according to disclosures on their website.
Streaming services have age ratings and content descriptors for films and series on their sites, but Thakur complained at the event that content was not fit for consumption in a family setting. “We cannot accept obscenity in the name of creativity, that much is clear,” Thakur said.
Chhattisgarh moves SC challenging PMLA, suit to be heard on May 4
Chhattisgarh on Wednesday (April 26) became the first State to move the Supreme Court challenging the constitutional validity of the Prevention of Money Laundering Act (PMLA) alleging that central investigating agencies are being misused to “intimidate”, “harass” and “disturb” normal functioning of non-BJP State governments.
The Bhupesh Baghel-led Congress government filed the original suit challenging the law under Article 131 of the Constitution which empowers a State to move the Supreme Court directly in matters of dispute with the Centre or any other State.
Chhattisgarh has thus become the first State to challenge the money laundering act and its provisions. Earlier, private individuals and parties have challenged the law on various grounds but the validity of the law was upheld by a three-judge Bench of the apex court last year.
The suit said several complaints are being received by the State government on behalf of its officials as well as the residents of the State that the ED is “torturing, abusing, and manhandling” them in the garb of conducting a probe. It said because of this “blatant and excessive misuse” of powers, Chhattisgarh is being forced to approach the court.
“It is imperative to state that this is not the first occasion wherein the ED has resorted to an illegal modus operandi. On multiple occasions, the approach has been employed concerning various states that hold a political stance opposite to the one in power at the Centre. Such conduct amounts to a severe misappropriation and arbitrary use of power, which goes against the constitutional mandate. Investigative agencies are expected to be entirely independent and uninfluenced,” it said.
A Bench of Chief Justice D.Y. Chandrachud and Justice P.S. Narasimha was told by senior advocate Mukul Rohatgi and advocate Sumeer Sodhi, appearing for Chhattisgarh government, that the issue is of constitutional importance and requires an urgent hearing.
The Bench said that the matter will be taken up for hearing on May 4. The suit filed through Sodhi said the “present case is a perfect example of how the central investigation agencies are being misused by those in power in order to intimidate, harass and disturb the normal functioning of an Opposition government in the State of Chhattisgarh”.
It said that the state is seeking interference of this court under its original jurisdiction bestowed by virtue of Article 131 of the Constitution, in light of a dispute that has arisen between the State and defendants — Union of India, State of Karnataka and Directorate of Enforcement (ED), involving questions of law and facts which affect the legal and constitutional rights of the State.
Giving the details of a particular case, which prompted it to approach the top court, the Chhattisgarh government said a FIR was registered at Kadugodi police station in Bengaluru against a person named Suryakant Tiwari for offenses punishable under various sections of IPC including assault or criminal force to deter public servant from discharging his duty and destruction of evidence.
“The complainant in the FIR is Income Tax Department and the allegation pertains to alleged illegal collection on levy of coal as well as attempts to influence public servants through corrupt and illegal means in the state of Chhattisgarh,” the suit said.
It said that the ED on the basis of the predicate offense, registered an ECIR dated September 29, 2022 and started conducting its investigation. “The said investigation has resulted in indiscriminate surveys and raids at various departments and offices of the state government, and arrests of state officials,” the Chhattisgarh government said.
Referring to the provisions of the PMLA, it said that a criminal investigation process must adhere to the principles of openness, transparency, and established legal procedures.
It said that certain amendments have been carried out to the provisions of the PMLA by way of finance acts of 2015, 2016, 2018, and 2019 and these amendments to the PMLA through the route of the finance acts are liable to be struck down being colourable uses of legislative power, violative of Article 110(1) of the Constitution.
In Brief:
Aam Aadmi Party’s (AAP) Shelly Oberoi will continue to hold the office of the National Capital’s Mayor after the BJP announced its withdrawal from the Delhi Mayor and Deputy Mayor elections to be held today. Oberoi therefore won the contest unopposed, as BJP announced its decision minutes after the Municipal Corporation of Delhi’s House meeting was convened. Presiding officer Mukesh Goel declared that AAP candidate Shelly Oberoi is the Capital’s next Mayor. Accordingly, AAP’s Aaley Mohammed Iqbal will also continue to hold the office of the Deputy Mayor for a second consecutive term after winning the contest unopposed.
Evening Wrap will return tomorrow.
