The Evening Wrap

24 June 2024

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

Should we pre-judge? SC wonders as Kejriwal asks ‘why am I not free’
The Supreme Court on June 24 did not intervene immediately to lift a Delhi High Court order pausing the release of Chief Minister Arvind Kejriwal on bail. Kejriwal, in turn, asked why his freedom has been curtailed despite a trial court upholding his personal liberty and granting him bail on June 20 in the excise policy case.

“If we pass an order, it would be like prejudging the issue,” Justice Manoj Misra, heading a Vacation Bench, observed on Monday.

“But why cannot I be free? The trial court judgment of June 20 is in my favour… This is a question of personal liberty. I am the Chief Minister of Delhi. I am not a flight risk nor am I going to abscond… How can bail, once granted, be stayed?” Kejriwal’s lawyer, senior advocate A.M. Singhvi, reacted.

The Directorate of Enforcement (ED), which had moved the High Court the very next day after the trial court granted bail to Kejriwal, said the High Court was scheduled to pronounce its judgment on June 25. The High Court had reserved its verdict on the ED appeal on June 21.

Solicitor General Tushar Mehta and Additional Solicitor General S.V. Raju, for the ED, urged the apex court to wait for the High Court verdict on the appeal.

Agreeing, Justice Misra said it would be more appropriate to wait for the High Court to pronounce its judgment. It posted the case for June 26, though it had initially suggested having it next week.

“What will we pass an order on now? How do we know what the High Court has on its mind?” Justice Misra asked. However, the Bench conceded that it was quite unusual for a High Court to reserve orders in a case affecting personal liberty.

“Normally orders are not reserved like this… It is a bit unusual, we will have it day after tomorrow,” Justice Misra remarked orally.

Singhvi wondered why the Supreme Court had to be so “deferential” to the High Court and wait for it to pass an order when the latter had, without even waiting for the trial court judgment to be uploaded, suspended Kejriwal’s bail.

“Bail granted is diverse from bail cancelled… It is unprecedented to pause a bail order on the very first day of hearing… The High Court passed an order of interim stay on the oral mentioning of Mr. Raju without even waiting for the trial court order to be uploaded… We should not have suffered a stay at all. This is a question of personal liberty,” Singhvi argued.

Senior advocate Vikram Chaudhari, also for Kejriwal, said the “balance of convenience” was in favour of the Chief Minister. The trial court had used its judicial discretion to grant him bail on June 20. The trial judge had heard both sides in detail. The judgment records the submissions of the lawyers and reasons for grant of bail. There are more than five paragraphs devoted to the grounds for bail in the trial court judgment.

“There is a judicial pronouncement granting him bail under Section 45 of the Prevention of Money Laundering Act… The Supreme Court had also granted him interim bail on May 10 to campaign for the Lok Sabha elections,” Chaudhari said.

He submitted that the apex court had in May specifically noted several factors in favour of Kejriwal, including that he had no criminal antecedents, and he was only arrested on March 21, 2024, nearly two years after the excise policy case was registered in August 2022.

Countering, Mehta said the trial judge had seen this as a high-profile case. “Everybody is an aam aadmi before the court. The trial court continuously asked the ED to cut short its arguments. It did not go through the papers,” Mehta argued.

At one point, Singhvi asked the court how the ED would “compensate me [Kejriwal] for loss of time in liberty”.

‘No urgency’ to implead CBI, ED in NEET paper leak case, SC tells petitioners
The Supreme Court on June 24 said there is “no urgency” to issue notice in a plea to implead the Central Bureau of Investigation (CBI) and the Directorate of Enforcement (ED) in the NEET-UG 2024 irregularities case pending in the apex court.

A Vacation Bench headed by Justice A.S. Oka did not entertain an oral mentioning by advocate Mathews Nedumpara to issue notice to the CBI and ED. Nedumpara, representing petitioner-students led by Shivangi Mishra, had approached the Supreme Court against the alleged irregularities in the conduct of the undergraduate National Eligibility-cum-Entrance Test (NEET-UG) 2024 exam.

The oral mentioning came on an application filed by Mishra arguing that the ED was “duty bound to take cognisance of, investigate and secure punishment” to accused persons behind the question paper leaks.

The application has also urged the Supreme Court to implead the Central Bureau of Investigation (CBI) and ED in the apex court. The petitioners said investigation should also proceed under the Prevention of Money Laundering Act (PMLA) 2002 and the Information Technology Act, 2000.

“The Enforcement Directorate is duty bound to take cognisance of, investigate and secure punishment. The NEET Exam, which now has undoubtedly been exposed to be a scam, has its tentacles in different parts 3 of the country… Until and unless the Enforcement Directorate takes cognisance of the matter or the Supreme Court directs the Enforcement Directorate to take action, the accused will not be brought under the stringent provisions of the PMLA,” the application has noted.

The application has been filed in the apex court even as the Centre informed the transfer of the NEET case to the CBI on Saturday. It has sought expedited probe and filing of an interim report on the Bihar arrests ahead of the commencement of the counselling process on July 6.

The petitioners have also called for the cancellation of the entire examination.

“The consequence arising out of the question paper leak which the Patna Police has now unearthed leaves the authorities with no option than to cancel the entire examination and conduct it afresh in the most foolproof manner. The mafia that has been in the business of procuring the question paper and selling the same to medical students for lakhs of rupees, an extremely profitable venture, could manage do so for quite some time with impunity in collusion with those in charge of the conduct of the examinations, has now been fully exposed,” the application has said.

The application alleged that the “culprits have even given confessional statements detailing who all they sold the papers to, for what price, and the manner in which the money was transferred”. The Supreme Court has scheduled the case for detailed hearing on July 8.

PM Modi says will work for consensus, hopes Opposition will maintain ‘democratic decorum’
Prime Minister Narendra Modi on June 24, the first day of the 18th Lok Sabha, struck an aggressive note, stating that while he and his government would “strive to drive a consensus both inside and outside the House”, the people of India also wanted a “good and responsible” Opposition based on “substance rather than slogans”, and not one that indulged in “drama and disruption”.

He made these remarks in his customary address before the start of a Parliament Session. In a barb clearly aimed at the Congress, he also mentioned that on Tuesday, the country would be entering the 50th anniversary of the year of the imposition of the Emergency by the then Indira Gandhi-led Congress government. “It will be our endeavour that we never see such days again,” Modi said.

Opposition MPs, meanwhile, collected in front of Mahatma Gandhi’s statue, now moved to ‘Prerna Sthal’ at the back of the Parliament from its central location between the old and new Parliament House, holding copies of the Indian Constitution, raising slogans that they would protect it. From the appointment of the pro tem Speaker to the issues in the NEET exams, the Opposition and the Treasury are in combat mode from the get go in this first session.

Modi responded by signalling what he understood by the mandate of the 2024 Lok Sabha election. “People have put their stamp of approval on the intentions and policies of this government,” he said.

“Our responsibilities have risen by three times. I want to assure people of the country that we will work three times more in our third term and deliver three times more as well,” he said. Adding that people wanted a good and responsible Opposition, Modi said that the Opposition’s conduct had been disappointing in the past. He expressed the hope that it would “play its role this time” and “maintain democratic decorum”.

The Prime Minister described his alliance’s win in the election as “great and grand” and “a matter of pride”, noting that this is was first time in the past 60 years that a government had assumed office for a third straight term.

Will not allow attack on Constitution: Rahul Gandhi on PM Modi’s remarks
Congress leader Rahul Gandhi on June 24 accused Prime Minister Narendra Modi and Home Minister Amit Shah of attacking the Constitution, and said the opposition would not allow the Prime Minister to escape without accountability.

“We would not allow the attack on the Constitution that Prime Minister Narendra Modi and Amit Shah are doing,” he told reporters in Parliament complex.

“This attack is not acceptable to us,” Gandhi said.

Holding copies of the Constitution in their hands, leaders of the INDIA bloc marched to the Lok Sabha chamber on the first session of the 18th Lok Sabha. Asked whether the message of the opposition was reaching out to the people, the former Congress president said, “Our message is reaching the public and no power can touch the Constitution of India and we will protect it.”

Later in a post on X, Mr. Gandhi said the Prime Minister is busy saving his government. “Psychologically on the backfoot Narendra Modi is busy saving his government. The attack on the Constitution by Narendra Modi and his government is not acceptable to us — and we will not allow this to happen under any circumstances,” he said.

“INDIA’s strong opposition will continue its pressure, raise the voice of the people and will not allow the Prime Minister to escape without accountability,” Gandhi also said.

“First 15 days of NDA: Horrific train accident, Terrorist attacks in Kashmir, plight of passengers in trains, NEET scam, NEET PG cancelled, UGC NET paper leak, Rising milk, pulses, gas, toll prices, Forests blazing with fire, Water crisis and deaths due to lack of arrangements during heat wave,” Gandhi added.

Mahtab takes oath as Pro-tem Speaker of 18th Lok Sabha
President Droupadi Murmu on June 24 administered oath to BJP member B. Mahtab as ‘Speaker Pro-tem’ of the newly-constituted 18th Lok Sabha.

A seven-time MP, Mahtab, along with a panel of chairpersons is tasked with running the proceedings of the Lok Sabha on June 24 and 25 when winning candidates will take oath as members of the 18th Lok Sabha.

On June 26, he will preside over the House when a new Speaker will be elected. Mahtab along with the panel of chairpersons was appointed by the President on June 20.

Amid the row over the appointment of Bhartruhari Mahtab as Pro-tem speaker, INDIA bloc leaders on June 24 carried out a protest holding copies of the Constitution inside the Parliament premises in the national capital.

Congress Parliamentary Party chairperson Sonia Gandhi, party leader Rahul Gandhi, and party chief Mallikarjun Kharge took part in the protest. Congress MP Gaurav Gogoi said, “The ruling party hasn’t forgotten their haughtiness…we can see that they are ignoring the key subjects of the country…the whole Dalit community in India could witness a historic scene if K Suresh were appointed as Pro-tem Speaker…today, BJP has not just neglected Congress, INDIA alliance and K Suresh but the whole Dalit community…”

Akhilesh Yadav, Dimple Yadav, and all other MPs of Samajwadi Party arrived at the Parliament this morning, carrying a copy of the Constitution of India.

Trinamool Congress leaders Sudip Bandhopadhyay, Kalyan Banerjee, and Sougata Roy stated that the Modi Government has violated the Constitution. “We demand to protect the constitution of the country… Agreements happen between India and Bangladesh but they do not call the West Bengal government, and do everything one-sidedly…We have to protect it from the first day of this 18th Lok Sabha…” said TMC MP Sudip Bandhopadhyay.

“We are protesting because the provisions of the Constitution have been violated. The Constitution has been violated by the Narendra Modi Government. The way the pro-tem speaker has been appointed is a clear violation of the Constitutional provision and clear violation of the earlier precedences…” said TMC MP Kalyan Banerjee.

“We are opposing BJP’s efforts to destroy the Constitution, to amend it beyond recognition,” TMC MP Sougata Roy said.

Maharashtra ATS arrests teachers in NEET-UG paper leak case
The Maharashtra Anti-Terrorism Squad (ATS) has booked four persons, including two zilla parishad teachers, in connection with the National Eligibility-cum-Entrance Test-Undergraduate (NEET-UG) question paper leak case.

According to sources, three of them — teachers Sanjay Tukaram Jadhav, Jalil Umrakhan Pathan, and another person, Iranna Kongalwar — were arrested on Sunday while the fourth accused, Gangadhar from Delhi, is said to be absconding.

The Nanded branch of the ATS had detained both Jadhav and Pathan on Saturday and let them off after questioning. However, they were arrested on Sunday evening as evidence mounted against them.

Jadhav works at a zilla parishad school in Solapur while Pathan is a teacher in a zilla parishad school in Latur. Both ran private coaching classes in Latur district and have been accused of selling exam-related information to students in exchange of money.

A case was registered against the four accused at the Shivajinagar police station in Latur on Sunday night. An FIR has been lodged under Sections 3(v), 4 and 10 of The Public Examinations (Prevention of Unfair Means) Act 2024 along with Sections 420 (cheating), 120 (b) (pertaining to criminal conspiracy) of the Indian Penal Code.

A Special Investigation Team (SIT) has been set up under Latur city sub-divisional police officer Bhagwat Funde to investigate the case and a thorough probe is under way, said officials.

Earlier, the ATS team raided the residences of Jadhav and Pathan after the duo reportedly exchanged suspicious messages pertaining to exam hall tickets, besides financial transactions on their phones.

Officials suspect Jadhav of having relayed hall ticket details to Kongalwar, an Industrial Training Institute (ITI) instructor, who then forwarded them to Gangadhar in Delhi, suspected to be the mastermind behind the leak.

NEET-UG row: CBI team reaches EOU office in Patna
A CBI team from Delhi reached the office of the Economic Offences Unit (EOU) of the Bihar Police in Patna on June 24 morning in connection with its investigation into the allegations of irregularities in medical entrance exam NEET-UG, officials said.

The EOU, which had been investigating the matter until the Centre ordered a probe by the CBI, has arrested 18 people in connection with the case, they said. “The CBI officers are collecting evidence related to the case from the EOU,” an official said.

The CBI had on June 23 filed an FIR in connection with the alleged irregularities in NEET-UG, which was held on May 5, on a reference from the Education Ministry, amid countrywide protests and litigations by students.

“The evidence collected by the EOU during the course of investigation include pieces of the burnt question paper recovered from a house in Patna, mobile phones of those arrested, SIM cards, laptops, post-dated cheques and reference questions papers provided by the National Testing Agency (NTA),” an EOU officer said.

“All those arrested are in judicial custody in Patna, and the CBI team may take them to Delhi for detailed interrogation by obtaining transit remand from a court here,” he said.

The CBI is also likely to file multiple FIRs in connection with the matter to probe the destruction of evidence, and also register disproportionate assets (DA) cases against some of those accused who are public servants, he said.

“A DA case may be registered against arrested accused Sikander Prasad Yadvendu, a junior engineer in Danapur Town Council, as he reportedly acquired huge assets that are disproportionate to his known source of income,” the officer said.

Yadvendu, originally from Samastipur, has been identified as the prime suspect in the case, he said. “He has a history of involvement in criminal activities. Before becoming a junior engineer in 2012, he worked as a contractor in Ranchi. He was previously implicated in an LED scam worth ₹3 crore. He has served a jail sentence for his role in that case,” the officer said.

In Brief:
The Centre has notified amended rules to allow women government employees to take 180 days of maternity leave in case they have children through surrogacy. The government has also allowed the “commissioning mother” (the intending mother of the child born through surrogacy) with child care leave besides paternity leave of 15 days to the “commissioning father”, according to the changes made in the Central Civil Services (Leave) Rules, 1972. “In case of surrogacy, the surrogate, as well as the commissioning mother with less than two surviving children, may be granted maternity leave of 180 days, in case either or both of them are government servants,” read the amended rules notified by the Union Personnel Ministry.

Evening Wrap will return tomorrow.