Terming the situation as “horrific”, the Supreme Court on Friday censured the Delhi government over its mismanagement of dead bodies and said that the treatment meted out to the Covid-19 patients was “worse than (that given to) animals”.

Taking note of media reports highlighting the lack of care given to the bodies, a bench comprising of Justices Ashok Bhushan, S K Kaul and M R Shah said: “The situation in Delhi is horrendous, horrific and pathetic.” Follow coronavirus live updates

“Very sorry state of affairs in Delhi and inside its hospitals. Look at the treatment meted out to patients. The patients are crying and no one is looking after them. Relatives are not even informed, as reported by media, after the death of patients…,” it added.

“If dead bodies are being treated like this, dead bodies are found in the garbage! Media has highlighted these deplorable conditions. Worse than animals people are being treated,” Justice Shah said.

The bench also pulled up the Arvind Kejriwal-led government over the state’s reduced testing figures. “Tell us why testing numbers are reducing in Delhi,” Justice Shah told ASG Sanjay Jain appearing for the government.

“We call upon the state to increase the number of testing and those who require it should not be denied it…” Justice Kaul said.

The bench also referred to other reports and said “patients suffering from coronavirus are running pillar to post to get admission in hospital whereas various beds in government hospitals are laying vacant…”

“There should be infrastructure, there need to be beds, patients are not being looked after, this is a deplorable state of affairs,” Justice Shah said.

The apex court also sought responses from the Centre and different states on its plea taking suo motu (on its own) cognisance on the treatment being meted out to patients and the handling of the bodies.The top court also sought the Centre’s reply by June 17 on the steps taken to deal with Covid-19 patients and bodies of infected persons.

“Withdraw all complaints against migrant workers under the Disaster Management Act of 2005,” a Bench led by Ashok Bhushan said in a directive.

The court ordered the Railways to provide States with 171 more Shramik Special trains to transport migrant workers. It ordered the States and the Union Territories to complete their transportation within the next 15 days.The court squarely placed the onus on the Centre, the States and the Union Territories to provide details of employment and benefits schemes to returning migrant workers.

Counselling centres

The Bench directed that counselling centres should be set up to reach out to the migrants and explain the various schemes framed for their rehabilitation and employment.

The States and the Union Territories should conduct extensive skill-mapping of the workers at village and block levels.

Counselling centres should freely provide information and “extend helping hand” to those workers who wanted to return to their places of past employment.

Last week, the government had told the Supreme Court that not a single migrant worker died in Shramik trains due to lack of food, water or medication. Their deaths were really due to “earlier illnesses”.

In the previous hearing, the court had asked the government to complete the transportation of migrant workers, whether by rail or road, in the next 15 days. It had said the exodus could not continue indefinitely.

The court was hearing a suo motu case on the migrant workers’ crisis. It reserved the case for final orders to be pronounced on June 9.

Explaining reports about deaths in Shramik special trains, Solicitor General Tushar Mehta had briefed the court that “an enquiry found that no deaths were caused by lack of food, water or medication... The people who died had some earlier illnesses. Railways has the details. People who showed signs of illness were shifted to the nearest hospitals”.

Senior advocate A.M. Singhvi said news reports showed that a total of 80 individuals lost their lives while travelling on the Shramik Specials. However, no official number had been released till date. Further, media reports again said a total of 644 migrant labourers died in the lockdown. “Absence of data on the actual number of migrant labourers aggravates these calamities by leaving the administering agencies, under-prepared to deal with the challenges,” Mr. Singhvi had argued.

Senior advocate Kapil Sibal said the government had not yet revealed the “minimum standards” of hygiene, food and water quality it had mandated in relief camps, etc.But Mr. Mehta had said the “substantial part of the ordeal is over”.

Shramik trains have been operational since May 1 to transport stranded migrant workers during the national lockdown amid the pandemic. The Railways has run 4,228 trains to transport stranded migrant workers till June 3

New Delhi: A day after his “everyone knows the reality” of border situation jibe, Congress leader Rahul Gandhi on Tuesday asked defence minister Rajnath Singh whether China has occupied the Indian territory in Ladakh.

“Once RM is done commenting on the hand symbol, can he answer: Have the Chinese occupied Indian territory in Ladakh,” he asked on Twitter.

Singh had on Monday hit out at Gandhi with a couplet of noted Urdu poet Mirza Ghalib, saying when there is pain in the hand, one takes medicine, but what does one do when the hand itself is a pain.

“Hand” is the Congress party’s election symbol.

Gandhi and Singh have been engaged in war of words on Twitter since Monday evening on the issue and have been taking swipes at each other by using couplets of Ghalib.

The Congress leader on Monday had taken a swipe at Union home minister Amit Shah for his remarks that India is strong in protecting its borders, and said the truth seems dormant as “everyone knows” the reality of the situation at the country’s borders.

“Everyone knows the reality of the ‘borders’, but the thought is good to keep one’s heart happy,” he said in a tweet in Hindi, tweaking a couplet of Ghalib.

Congress chief spokesperson Randeep Surjewala also asked the defence minister to answer the question, saying denigrating party symbols of opposition is not defending India.

“Denigrating Party Symbols of Opposition isn’t same as ‘Defending India’. Will Rajnath Singh ji answer the simple question posed by Sh Rahul Gandhi,” Surjewala asked on Twitter.

His comments indicating India's resolve to deal with the row with a firm approach came even as the two armies remained engaged in a bitter confrontation in several areas in eastern Ladakh including Galwan Valley and Pangong Tso.

Issues remain, but India-China keep things cordial

The defence minister, addressing a virtual rally for the people in Maharashtra, also came down hard on Congress leader Rahul Gandhi for his remarks that the government should "come clean" and tell the country what is happening on the border with China.

"The talks held on June 6 were quite positive. India and China have agreed to continue the talks to resolve the border issue including the current tussle. I want to assure people that leadership of the country is in strong hands and we will not compromise on India's pride and self-respect at any cost," the defence minister said.

Talking about decades-old border row with China, Singh said India wants its resolution as soon as possible, adding the military and diplomatic engagement between the two sides to end the current row continues.

"India's policy has been to not hurt anyone's dignity and honour. At the same time, we do not allow the country's honour and self-respect to be hurt.

On Gandhi's comments, Singh said the whole country should be united on such an issue and have faith in the capability of the armed forces.

"I cannot even imagine that any political leader will make such comments on an issue of the country's security.... As the defence minister, I will say whatever I have to say in Parliament," he said.

"Do not try to tell us (about our responsibility). There is a dispute between the two countries and the whole country should stand united," he added

Indian and Chinese troops were engaged in a month-long confrontation since May 5 following a violent clash in Pangong Tso which is turning out to be biggest military standoff after the 2017 Doklam episode.

In their first serious efforts to end the row, Lt General Harinder Singh, the general officer commanding of Leh-based 14 Corps, and Commander of the Tibet Military District Maj Gen Liu Lin held an extensive meeting on Saturday. However, it could not produce any tangible results.

China boasts of its capabilities of quickly reinforcing border defence

In a statement, the external affairs ministry on Sunday said the meeting took place in a "cordial and positive atmosphere" and that both sides agreed that an "early resolution" of the issue would contribute to the further development of the relationship between the two countries.

In its comments, the Chinese Foreign Ministry said both the countries have agreed to work to maintain peace along the Line of Actual Control and resolve the standoff through talks.

Saturday's talks also came a day after the two countries held diplomatic talks during which both sides agreed to handle their "differences" through peaceful discussions while respecting each other's sensitivities and concerns.

After the standoff began in early last month, Indian military leadership decided that Indian troops will adopt a firm approach in dealing with the aggressive posturing by the Chinese troops in all disputed areas of Pangong Tso, Galwan Valley, Demchok and Daulat Beg Oldie.

The Chinese Army has been gradually ramping up its strategic reserves in its rear bases near the the LAC by rushing in artillery guns, infantry combat vehicles and heavy military equipment, the sources said.

The trigger for the face-off was China's stiff opposition to India laying a key road in the Finger area around the Pangong Tso Lake besides construction of another road connecting the Darbuk-Shayok-Daulat Beg Oldie road in Galwan Valley.

The road in the Finger area in Pangong Tso is considered crucial for India to carry out patrol. India has already decided not to stall any border infrastructure projects in eastern Ladakh in view of Chinese protests.

The situation in eastern Ladakh deteriorated after around 250 Chinese and Indian soldiers were engaged in a violent face-off on May 5 and 6. The incident in Pangong Tso was followed by a similar incident in north Sikkim on May 9.

The India-China border dispute covers the 3,488-km-long LAC. China claims Arunachal Pradesh as part of southern Tibet while India contests it.

Both sides have been asserting that pending the final resolution of the boundary issue, it is necessary to maintain peace and tranquillity in the border areas.

Instead, the party high command has chosen two lesser known, but old-time party workers as its candidates: the party’s organisational in-charge leaders for Belagavi and Ballari zones, Eranna Kadadi and Ashok Gasthi respectively.

Mr. Kadadi, who has been a party worker for over three decades, served as president of Belagavi Zilla Panchayat. He belongs to the dominant Panchamashali Lingayat community.

The names recommended were educationist Prabhakar Kore, who had sought renomination; hotelier Prakash Shetty; and Ramesh Katti, brother of disgruntled leader Umesh Katti, who is upset over not getting a ministerial berth.

This was being seen in the State BJP circles as a clever strategy by the core committee, especially Chief Minister B. S. Yediyurappa, as the onus of placing the Katti brothers would be on the party high command.

However, the BJP Central Election Committee took everyone by surprise and chose its own candidates.

While the prominent leaders of the party, especially those belonging to the Yediyurappa camp, have been rattled by the choice, the party cadre is happy. “We are very happy. For the first time, ordinary party workers have been chosen as candidates for the Rajya Sabha,” a party functionary said.

This is also being seen as a clear and stern message to Mr. Yediyurappa as the high command has rejected the candidature of both Mr. Kore and Mr. Shetty who were said to be very close to him.

The timing of the snubbing too has gained importance as it has come at a crucial juncture when some of the party MLAs from northern Karnataka, especially those from the Lingayat community from which Mr. Yediyurappa hails, have raised a banner of revolt against his leadership by holding dinner meetings. Interestingly, both the candidates for the Rajya Sabha hail from north Karnataka.

Unanimous election?

The decision by the party high command to field only two candidates is likely to result in election of all the four candidates unopposed without any need for polls if no other candidate files nominations.

JD(S) national president H.D. Deve Gowda and veteran Congress leader Mallikarjun Kharge are the candidates from other parties who are set to enter the fray.

New Delhi: Three Congress MLAs have resigned from the Gujarat legislative assembly ahead of the June 19 Rajya Sabha elections for four seats from the state.  Along with five other MLAs of the party who resigned in March, when the Rajya Sabha elections were postponed due to the outbreak of coronavirus, the tally of those who quit now stands at eight.

The strength of the Congress in the 182-member state assembly with nine vacancies has now been reduced to 65.  In the assembly elections held in 2017, it had won 77 seats.

The BJP’s success in inducing resignations of non-BJP MLAs from the assembly in the recent past to bring down democratically-elected governments with majority support has apparently convinced it that it can try a similar strategy in the Rajya Sabha elections.  With each candidate for the four Rajya Sabha seats from Gujarat requiring 35 votes in the assembly to win, the BJP’s strategy of inducing resignations from the opposition camp can indeed deliver it a favourable outcome at the elections.

It is naïve to believe that these Rajya Sabha election-eve resignations from the assembly are principled and are not motivated by extraneous considerations.   Although the speaker of the assembly is bound to accept these resignations – consistent with the recent Supreme Court judgments in the Karnataka and Madhya Pradesh cases –  the Election Commission cannot ignore allegations of these resignation, and consequently the Rajya Sabha elections, being tainted by money power.

Sita Soren case 

In 2012, the Election Commission, acting on a complaint from two MPs that the Rajya Sabha elections scheduled to take place in Jharkhand were being vitiated by money power and horse trading, alerted the Income Tax (IT) Department.  The IT Department seized a huge amount of money being transported for distribution among the MLAs prior to the election.  The CBI, which investigated the case on the direction of the Jharkhand high court and the Election Commission, charge-sheeted Sita Soren, currently an MLA from the Jama constituency in Jharkhand, as having received illegal gratification of Rs. 50 lakhs from one R.K. Agarwal, who contested as an independent candidate, for proposing his nomination and also Rs. 1 crore for voting in his favour.

But Sita Soren never voted in favour of Agarwal, despite allegedly receiving money to do so. The CBI alleged that Sita Soren, daughter-in-law of JMM founder Shibu Soren, had accepted bribes on the promise of electing an independent candidate to the Rajya Sabha, which amounted to corruption under the Prevention of Corruption Act, but voted for her own party candidate.

JMM bribery case

Before the Jharkhand high court, Sita Soren claimed the defence of immunity under Article 194(2) of the Constitution, which is in pari materia of Article 105(2) meant for Members of Parliament.   Under Article 194(2), no member of the legislature of a state shall be liable to any proceedings in any court “in respect” of anything said or any vote given by him or her in the legislature or any committee thereof.

In P.V.Narasimha Rao v State (CBI-SPE) (1998), the Supreme Court’s Constitution bench, in a 3:2 decision, held that the immunity from prosecution of a member under Article 105(2) can be extended to cover receiving a bribe or entering into a conspiracy to receive a bribe for the purpose of giving a vote in the house. Article 105(2), according to the majority view, gives complete immunity to such MPs, for anything done which had a nexus with the vote, irrespective of whether the conduct in question preceded or followed the vote.

In P.V. Narasimha Rao, the then prime minister was accused of being part of a criminal conspiracy with members belonging to the Jharkhand Mukti Morcha (JMM) and others to defeat the no-confidence motion against the Congress government headed by him using illegal gratification.  Although a trial court in 2000 convicted and sentenced Rao and the former governor of Bihar, Buta Singh to three years rigorous imprisonment, the Delhi high court acquitted them in 2002.  With the CBI not filing an appeal in the Supreme Court, the landmark case was consigned to history.  Based on the Supreme Court’s interpretation of Article 105(2), a trial court discharged the former JMM MPs, Simon Marandi,  Suraj Mandal and Shibu Soren, who had allegedly received bribes of over Rs. 4 crore in 1993 to back the Rao government by voting against the no-confidence motion.

In the Supreme Court, the majority judges had reasoned that the object of the protection of MPs and MLAs under  Articles 105(2) and 194(2) respectively is to enable legislators to speak their mind in the house and vote in the same way, freed of the fear of being made answerable on that account in a court of law. The expression “in respect of”, they held, in these two provisions must hold a broad meaning – that the alleged conspiracy had a nexus to those votes, and the proposed inquiry into the criminal proceedings was in regard to the motivation thereof.

The majority judges found that Ajit Singh, who was party to the conspiracy, but did not cast a vote, would have no protection for the reason that there was no nexus in between the act of conspiracy and the vote.

The Jharkhand high court, while dismissing Sita Soren’s appeal, took note of the fact that she did not vote in favour of R.K. Agarwal, her alleged bribe-giver, and therefore, equated her with Ajit Singh in the JMM bribery case.  “In that event, one can say that act of receiving money from Agarwal was having no nexus with the act of casting vote by the petitioner…if the alleged act of receiving money pursuant to the conspiracy and the agreement, if the vote is not cast in favour of the person from whom money was received, then casting of vote will have no nexus with the alleged act of receiving money…”, the bench held.

The Supreme Court is yet to hear Sita Soren’s appeal against the Jharkhand high court’s judgment, the case having been referred to a constitution bench in view of the precedent set in P.V. Narasimha Rao.

The majority three judges in that case , while acutely conscious of the seriousness of the offence, felt that the wrongful act and the “sense of indignation” of the bench should not lead to a narrow construction of the constitutional provisions which may have the effect of impairing the guarantee to effective parliamentary participation and debate.

“Having considered the [Sita Soren] matter”, the bench comprising the then CJI, Ranjan Gogoi, and Justices S. Abdul Nazeer and Sanjiv Khanna said on March 7, 2019, “we are of the view that having regard to the wide ramification of the question that has arisen, the doubts raised and the issue being a matter of substantial public importance we should be requesting for a reference of the matter to a larger bench”.

The case was listed before a constitution bench comprising the then CJI Ranjan Gogoi, and Justices N.V. Ramana, D.Y. Chandrachud, Deepak Gupta and Sanjiv Khanna on April 4 last year, but was not taken up on that day.  The case has been pending since then.

Implications for Gujarat MLAs

It is possible that a larger bench of the Supreme Court may review its previous decision in P.V. Narasimha Rao; but it is unlikely to extend the immunity from prosecution to the likes of Ajit Singh, whose alleged act of bribe-taking escaped immunity from prosecution since it was not linked to the casting of an actual vote in parliament.   Ironically, the trial court had acquitted Ajit Singh in 2000, as it found that the CBI had failed to substantiate its charges against him as many material witnesses had turned hostile during the recording of evidence.  But that is a different story altogether.

"On maritime delimitation, we aim to improve our cooperation, including exploration and drilling," Erdogan said at a joint press conference with Libya's UN-recognized Government of National Accord (GNA) Prime Minister Fayez al-Sarraj.

Sarraj on Thursday met with Erdogan in the Turkish capital Ankara after GNA's military said in a statement that they had regained control over Tripoli.

Erdogan welcomed the recent military success of the GNA forces.

Turkish President Recep Tayyip Erdogan (R) meets with visiting Libya's UN-recognized Government of National Accord (GNA) Prime Minister Fayez al-Sarraj at the presidential palace in Ankara, Turkey, on June 4, 2020. Turkey and Libya agreed to further enhance their cooperation in the Eastern Mediterranean over a deal made on maritime delimitation, Turkish President Recep Tayyip Erdogan said on Thursday. 
 
Turkey supports the GNA both politically and militarily. Ankara deployed Turkish troops in Libya to train and advise forces loyal to Sarraj in Tripoli.
Sarraj and Erdogan discussed the ways of lifting embargos on Libya, the Turkish president said, "We are on the same page on the issue of continuation of oil exports of Libya," he stated.

Erdogan called on international actors to prevent the "illegal" oil export of Hafter.Sarraj expressed gratitude for Turkey's "historical and responsible attitude." He said they want to increase cooperation with Turkey.

Since the uprising which killed former Libyan leader Muammar Qaddafi in 2011, Libya has been divided between the powers of GNA and the eastern-based Libyan National Army (LNA).

Congress General Secretary Priyanka Gandhi has hit out at the Uttar Pradesh Government on the mess and illegality in teachers' recruitment in the state.

Priyanka Gandhi said, "The future of the youth is tormented, and this has raised the question mark on the whole system.""The Government should bring out all the facts related to discrepancies so that efforts of the youth do not go waste, and derive a new recruitment mechanism," added Priyanka Gandhi.