‘The Hindu’ News : The Evening Wrap 22 May 2024

]

The Evening Wrap

22 May 2024

Welcome to the Evening Wrap newsletter, your guide to the day’s biggest stories with concise analysis from The Hindu.

View in browser More newsletters

Maintain decorum in campaign, EC tells BJP and Congress
The Election Commission of India on May 22 directed the BJP and its star campaigners to refrain from any campaign methods along “religious or communal” lines and not make any speeches and statements which “may divide the society”. The poll body also asked the Congress leaders not to make statements which give false impression that “the Constitution of India may be abolished” or “potentially divisive statements” regarding the socio-economic composition of the armed forces.

In separate letters to BJP President J.P. Nadda and Congress President Mallikarjun Kharge, the commission asked them to issue formal notes to the star campaigners to maintain decorum in their utterances. It said that the country’s socio-cultural milieu could not be made a casualty to elections and that the utterances of star campaigners followed patterns and created narratives which could be damaging beyond the model code period.

The EC letter to Nadda was issued taking note of the BJP President’s response to the April 25 notice to him on a complaint made against Prime Minister Narendra Modi’s speech in Banswara, Rajasthan, which, the Congress had termed “communal”.

The EC had issued a similar notice on model code of conduct violations by Congress leader Rahul Gandhi and Kharge himself on the same day.

However, just like the April 25 notice, Wednesday’s letters also do not name either Modi or Gandhi and Kharge. It might be recalled that in 2019, the EC had given a clean chit to Modi amid a dissent note by one of the Election Commissioners.

The notices being issued to the respective party presidents, instead of the leaders directly, was also unprecedented.

While the BJP President had responded to the EC letter on May 13 after seeking two extensions, his counterpart submitted his arguments on May 6. They were initially given time till April 28.

In a somewhat harsh observation in Wednesday’s letter to him, the EC noted that Nadda had made no explicit denial of speeches made by its star campaigners in the response and has also not confirmed if the commission’s directions in the matter had been brought to their notice. It termed Nadda’s defence as “untenable”.

The poll body listed 12 more complaints made by the Congress against BJP leaders since April 25. “…rather than accounting for EC notice of April 25, in the minimum as a red flag for future conduct, BJP star campaigners in different election meetings are alleged to be continuously making inter alia following statements alleged to be violative of MCC”.

It pointed out the extra responsibility on the party in power in poll time even as it said that no unlimited extra space can be ceded to the Opposition either and rejected Kharge’s defence too.

“The MCC has a specific prohibition against use of armed forces for campaigning purposes,” it noted, referring to complaints on Congress campaign on the Agnipath scheme, and listed four more complaints made by the BJP against the main Opposition party from April 25 to May 13.

“The commission expects the Indian National Congress to fully align the campaign methods to the practical aspects of the composite and sensitive fabric of India,” it said.

Hemant Soren withdraws after Supreme Court says he came with ‘blemished’ plea
Former Jharkhand Chief Minister Hemant Soren’s hopes to be released from jail to campaign for the last two phases of polling in the ongoing Lok Sabha elections died abruptly as he withdrew from the Supreme Court rather than face an order that he had approached it with “unclean hands”.

The hearing began with Justice Datta passing on to senior advocate Kapil Sibal, appearing for Soren, a sheet of paper containing the list of relevant dates in the Soren case. The gesture was meant to convey the impression that the Bench had scoured the petitions with a fine tooth comb. The hearing found Soren’s lawyer, senior advocate Kapil Sibal, largely on the defensive.

The Bench then started off quizzing Sibal about the “crafty drafting” of Soren’s petition, artfully concealing the fact that a Special Court had already taken cognisance of the money laundering charges against him on April 4.

Sibal protested, saying the information was mentioned in the petition. He said the cognisance order was part of additional documents submitted as part of an earlier litigation in the apex court.

Further, Justice Datta pointed out that Soren had approached the Supreme Court for interim bail without mentioning that his application for bail under Section 45 of the Prevention of Money Laundering Act was already pending in the Special Court. The Special Court had declined bail on May 3.

“His (Soren’s) conduct when he came to the Supreme Court is not without blemish… Why did you not disclose the cognisance order (of the Special Court) in the present petition?” Justice Datta asked Sibal.

The senior lawyer, visibly hurt, said he was trying his best to convince the court about his client’s bona fide. He asked the judges whether they thought there was an attempt at “hoodwinking” the court.

“Why did the Jharkhand High Court reserve judgment on my plea to quash my arrest for two months without delivering a verdict? The judge knew the ED (Enforcement Directorate) would file a chargesheet in 60 days… I came here because I was wrongly dealt with by a court,” Sibal submitted.

“We are not convinced… Tell us, is it a fact that when you filed this petition, you did not disclose the cognisance order?” Justice Datta said, steadfastly.

The Bench suggested Soren take his case elsewhere. Sibal asked the court where else he could possibly go. He said the petition was on the invalidity of his client’s arrest on January 31. The order of cognisance by a Special Court did not affect a constitutional court to order release. Personal liberty was at risk here, he argued.

However, the court cut in amidst Sibal’s submissions to dictate a short order that the case was being dismissed as the petitioner had come with “unclean hands”. Sibal said such an order would prove very damaging, and asked the court’s permission to withdraw the case. The Bench allowed his request.

Calcutta High Court scraps OBC status of several classes in West Bengal; benefits obtained already not to be affected
The Calcutta High Court on May 22 struck down the OBC status of several classes in West Bengal granted since 2010, finding such reservations to vacancies in services and posts in the State are illegal.

Passing judgment on petitions challenging the provisions of the Act, the court clarified that the services of citizens of the struck-down classes, who are already in service or have availed the benefit of reservation or have succeeded in any selection process of the State will not be affected by the order.

The number of enlisted persons under OBC in West Bengal after 2010 is likely to be above five lakhs, one of the lawyers representing the petitioners said. The court struck down several classes for reservation as Other Backward Classes (OBC) given under The West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012.

The bench directed that the State’s executive orders classifying several other classes as OBCs from March 5, 2010, to May 11, 2012, were also quashed, in view of the illegality of the reports recommending such classification. The court said that the directions will be given prospective effect.

In the judgement, the division bench comprising justices Tapabrata Chakraborty and Rajasekhar Mantha clarified that the executive orders of the state government classifying 66 classes of OBC before 2010 were not interfered with, since these were not challenged in the petitions.

A clause in the 2012 Act allowing inclusion of classes for OBC reservation by the State government through notification in the official gazette was also struck down.

Setting aside a provision in the Act of 2012 for distribution of percentage of reservation to the sub-classified classes, the court said, “sub-classified classes listed in two categories, namely OBC-A and OBC-B, are struck down from schedule 1 of the Act of 2012.” The bench said that the opinion and advice of the Backward Classes Commission is ordinarily binding on the state legislature under provisions of the West Bengal Commission for Backward Classes Act, 1993.

The court directed the Backward Classes Welfare Department of the State, in consultation with the Commission, to place a report before the legislature with recommendations for inclusion of new classes or for exclusion of remaining classes in the state list of OBCs.

Concurring with the judgment penned by Justice Mantha, Justice Chakraborty observed, “The concept of equality of opportunity in public employment concerns an individual, whether that individual belongs to the general category or backward class.” He said, “The society at large has a stake in proper application of the yardsticks pertaining to reservation.” Strict adherence to the rule of law is to be ensured and the same cannot be allowed to be flouted in the hands of the executives, he said. A prayer by the State for a stay of the order was rejected by the bench.

Swati Maliwal assault case: Kejriwal says incident has two versions; wants fair probe, justice
In his first reaction on AAP MP Swati Maliwal’s alleged assault at his official residence, Delhi Chief Minister Arvind Kejriwal on May 22 said he expects a fair investigation into the matter and justice should be served.

Maliwal has alleged she was “assaulted” by Kejriwal’s personal assistant Bibhav Kumar when she went to meet the Chief Minister on May 13. The police have registered a case and arrested Kumar in connection with it.

In an interview to PTI, the Chief Minister said the matter is currently “sub-judice” and his comment might affect the proceedings. “But I expect there will be a fair investigation. Justice should be served. There are two versions of the event. Police should investigate both versions fairly and justice should be done,” Kejriwal said.

His aide Kumar is currently in five-day police custody in connection with the case.

Earlier on May 22, Maliwal alleged that there is a “lot of pressure” on everyone in the party to malign her.

“Yesterday I got a call from a big leader of the party. They told me how there is a lot of pressure on everyone, they have to say bad things against Swati, they have to break her by leaking her personal photos. It is being said that anyone who supports her will be expelled from the party,” the Rajya Sabha MP said in a post on X.

“Someone has got the duty of doing press conference and someone has got the duty of tweeting. It is someone’s duty to call the volunteers sitting in America and get something out against me,” she added.

On May 21, Kumar was taken to Mumbai for the discovery of data from his phone which he had allegedly formatted before his arrest. Police suspect Kumar formatted his phone after transferring its data to some person or device in Mumbai.

Pune Porsche car accident: Pune juvenile court cancels bail of teenager, sends him to observation home
Following an outcry, the Juvenile Justice Board in Pune on May 22 cancelled the bail granted to a 17-year-old youth allegedly involved in a car accident and remanded him to an observation home till June 5.

The board on May 19 granted bail to him hours after the accident in which two persons were killed, while also asking him to write a 300-word essay on road accidents, an order that drew an onslaught of criticism from various quarters.

Police then approached the Board again, seeking a review of its order and permission to treat the teenager as an adult accused on the ground that the crime was of heinous nature.

Police have registered a First Information Report against the minor, son of a real estate developer, under IPC sections 304 (culpable homicide not amounting to murder), 304 A (causing death by negligence), 279 (rash driving ), 337 (causing hurt by an act which endangers human life), 338 (causing grievous hurt by an act endangering life or personal safety) and relevant sections of the Motor Vehicles Act.

A Porsche car, allegedly driven by the 17-year-old who the police claim was drunk at the time, fatally knocked down two motorbike-borne software engineers at Kalyani Nagar in Pune city in the early hours of May 19.

The boy’s father has already been arrested under the Juvenile Justice Act and remanded in police custody for handing over his car to his underage son, and thus exposing him to danger.

Ireland, Spain, Norway to formally recognise Palestine
Norway, Ireland and Spain announced on May 22 that they will formally recognise the state of Palestine, even as reports emerged of Israel pushing its way further into Rafah in southern Gaza. Israel reacted furiously to the announcements by recalling its ambassadors to the thee countries. The recognition of Palestine is expected to take place on May 28.

Speaking at a press conference in Dublin, Ireland’s Prime Minister, Simon Harris, linked the recognition to Ireland’s own freedom struggle from Britain. “Today, we use the same language to support the recognition of Palestine as a state,” Harris said.

In a separate message released online, Harris said Ireland believed that recognising a Palestinian state would lead to peace and reconciliation in West Asia. Ireland also recognised Israel’s right to “exist securely and at peace” with its neighbours, he said.

There should be no further military incursion into Rafah (i.e., by Israel), and no further rockets fired at Israel by Hamas and Hezbollah, Harris said.

The European countries’ announcements come weeks after 143 of 193 countries in the United Nations (U.N.) General Assembly voted for full membership to the U.N. for the State of Palestine. E.U. countries had mixed reactions to the International Criminal Court (ICC) prosecutor Karim Khan’s decision to seek arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant for possible war crimes and crimes against humanity. Mr Khan is also seeking warrants for Hamas leaders.

“In the midst of a war, with tens of thousands killed and injured, we must keep alive the only alternative that offers a political solution for Israelis and Palestinians alike: Two states, living side by side, in peace and security,” Norwegian Prime Minister Jonas Gahr Støre said, adding that the recognition of Palestine could no longer wait until the conflict was resolved.

Norway has been involved in peace talks between Israel and Palestine for decades, including by hosting the beginning of the Oslo process, which culminated in the Oslo Peace Accords in the early-mid 1990s, agreements that were meant to usher in a resolution to the conflict and a two state solution.

Spain’s announcement on Wednesday that it would recognise Palestine was not against the Israelis, the country’s Prime Minister Pedro Sanchez told parliament, but a step in favour of “peace, justice and moral consistency”.

Poll roundup:
Congress general secretary Jairam Ramesh on May 22 said the “tempo of revelations about the Modani MegaScam has also picked up as the election momentum of the INDIA coalition accelerates”. An investigation by the Organised Crime and Corruption Reporting Project (OCCRP), reported by The Financial Times, has found that dozens of shipments of low-quality, high-ash coal bought cheaply by Adani from Indonesia in 2014 were sold fraudulently at three times the price to the public sector Tamil Nadu Generation and Distribution Corporation (TANGEDCO) as high-quality, low-ash coal, the Congress leader said in a statement. “The tempo is picking up and very soon there will be a JPC [Joint Parliamentary Committee] to investigate it fully,” Ramesh wrote posting the statement on X.
The BJP on May 22 expelled popular Bhojpuri film star and singer Pawan Singh from the party for “anti-party activities and maligning the image of the party”. Pawan Singh had recently joined BJP but was in the fray to contest the Lok Sabha election as an Independent candidate from Karakat constituency. The Rashtriya Lok Morcha (RLM) leader Upendra Kushwaha is contesting the parliamentary poll from Karakat as NDA alliance candidate. The Opposition mahagathbandhan has pitted Raja Ram Singh (CPI-ML) against Kushwaha. In the last 2019 Lok Sabha polls, Kushwaha was defeated by JD-U candidate Mahabali Singh by over 80,000 votes.
In Brief:
RBI approves ₹2.11 lakh crore dividend payout to govt for 2023-24
The Reserve Bank of India on May 22 approved a ₹2.11 lakh crore dividend payout to the central government for 2023-24, more than double the amount it paid for the previous 2022-23 financial year. The decision was taken at the 608th meeting of the Central Board of Directors of the Reserve Bank of India held under the chairmanship of Governor Shaktikanta Das.

Actor Shah Rukh Khan hospitalised in Ahmedabad after heat stroke
Bollywood superstar Shah Rukh Khan was admitted to a hospital in Ahmedabad on May 22 after suffering from a heat stroke, police said. He was admitted to multi-speciality K.D. Hospital, they said. Khan was in Ahmedabad on Tuesday to attend an Indian Premier League (IPL) match of his Kolkata Knight Riders (KKR) team at the Narendra Modi Stadium. “Actor Shah Rukh Khan was admitted to K D Hospital after suffering from a heat stroke,” Ahmedabad (Rural) Superintendent of Police Om Prakash Jat said.

Evening Wrap will return tomorrow.

Today’s Top Picks
What does the Russia-China strategic convergence mean for India? | In Focus podcast
Watch | Crimes against women in Karnataka | Causes, politics and fallout
Decoding the ICC prosecutor’s request for arrest warrants for Israel’s Netanyahu, Hamas leaders
Daily Quiz | On Arthur Conan Doyle