RNI No.2016/1957, REGD NO. SSP/LW/NP-34/2016-18 Follow us on: @TheDailyPioneer facebook.com/dailypioneer instagram.com/dailypioneer/ Established 1864 Late City Vol. 154 Issue 296 Published From *Air Surcharge Extra if Applicable NATION 5 WORLD 7 SPORT 10 DELHI LUCKNOW BHOPAL ARMY CHIEF SEES EXTERNAL WILL HELP PAK IN INDIA TO FACE BHUBANESWAR RANCHI BIDS TO REVIVE MILITANCY FINANCIAL CRISIS: CHINA WEST INDIES IN T20 RAIPUR CHANDIGARH DEHRADUN LUCKNOW, SUNDAY NOVEMBER 4, 2018; PAGES 12+8 `3 www.dailypioneer.com o Kharge, who is also a member of the USUALSUSPECTS three-member statutory 3K sants gather SWAPAN DASGUPTA committee that selects the Kharge moves SC CBI Director, questioned the Government’s decision o Along with Prime Minister in Delhi to raise Narendra Modi and Chief Our ‘little tradition’ too Justice of India Ranjan over Alok Verma Gogoi, Kharge is the third member in the selection pitch for Mandir needs judicial sympathy Adds twist to CBI saga, says CVC or Govt can’t curtail CBI committee of CBI Director o The applicant being a PNS n NEW DELHI Ram Janamabhoomi he suggestion that the higher judiciary is unresponsive chief’s tenure, sending him on forced leave illegal, arbitrary member of the Statutory to public sentiment has often been heard. A study of Committee was not espite the Supreme Nyas president says Tthe Parliamentary debates in 1951 on the First PNS n NEW DELHI consulted nor was he a part DCourt’s decision to adjourn Amendment to the Constitution that, among other things, of any meeting or privy to the hearing of the Ram Mandir construction of insulated the zamindari abolition legislations from judicial eader of Opposition in the any decision to divest Alok issue till scrutiny, would indicate that this sentiment is also very LLok Sabha and senior Verma of his powers as January 2019, Ram Vilas temple to begin in Nehruvian. It was also heard during the high noon of Indira Congress leader Mallikarjun Director, CBI, says petition Vedanti, president of Ram Gandhi’s socialist phase when there was a demand for a Kharge on Saturday moved o Janamabhoomi Nyas on Dec on basis of ‘committed judiciary’ to complement a ‘committed the Supreme Court challeng- The decision to divest Alok Saturday said the construction bureaucracy’ and ‘progressive’ politics. The belief that the ing the Union Government’s Kumar Verma of his powers of Ram temple will begin in mutual consensus judiciary in India has transformed itself into a self- decision to send CBI Director was taken by the political December without an perpetuating, unelected oligarchy may have a contextual Alok Kumar Verma on forced executive in complete Ordinance and on the basis of saints at New Delhi’s Talkatora basis. However, like most political formulations that arise leave and called it “completely contravention of the the mutual agreement between Stadium, Vedanti also said the from the heat of the moment, it is often overstated. There illegal and arbitrary”. This has provisions of the DSPE Act, Hindus and Muslims. temple will be constructed in may well be a handful of conservative judges who sincerely brought new twist to the CVC Act and the directions of Vedanti also said if legisla- Ayodhya and a masjid will be believe that the separation of powers is sacrosanct and that already controversial case of this Hon’ble Court in Vineet tion supporting the construc- constructed in Lucknow before it is the business of the judiciary to interpret the law, probe CBI versus CBI over the past Narain’s case, it adds tion of the Ram temple is 2019 elections. and adjudicate the unforeseen grey areas between different few days. passed, it would lead to unstop- As many as 3,000 Hindu laws and leave law-making to the legislature. They would Kharge, who is also a of powers conferred upon the nary situation, including the domain that any such meeting pable communal violence. saints from all the 125 com- hold that Article 21 of the Constitution guaranteeing citizens member of the three-member Statutory Committee under need for him to take up a more of the Statutory Committee was “We do not want violence. We munities of the Hindu religion the right to life and personal liberty cannot be extended by statutory committee that selects the Delhi Special Police important assignment, should convened,” the petition reads. It want peace,” the senior VHP have come together in Delhi to judges to include the rights to healthcare, clean air, privacy the CBI Director, questioned Establishment (DSPE) Act. have the approval of the further said, “It is therefore leader said. discuss the crucial issue of and, in line with the American Declaration of Independence, the Government’s decision to Kharge said neither the Selection Committee...,” the clear that the decision to divest Making this assertion here building Ram temple in the “pursuit of happiness”, at least not without the send Verma “on leave”. In his Central Vigilance Commission petition said. “The applicant Verma, IPS, of his powers as during ‘Dharmadesh’, the two- Ayodhya. endorsement of the legislature. Alas, in this age of hyper- intervention application, nor the Government can cur- being a member of the Director, CBI was taken by the day meeting of Hindu seers and Turn to Page 6 activism, such a judicial philosophy is likely to be dismissed Kharge sought quashing of the tail Verma’s tenure. Along with Statutory Committee was not political executive in complete as being fuddy-duddy. October 23 order of the Central Prime Minister Narendra Modi consulted nor was he a part of contravention of the provisions The larger question of the relationship between the Vigilance Commission (CVC) and Chief Justice of India any meeting or privy to any of the DSPE (Delhi Special judiciary and public opinion has no clear-cut answers. There and that of the Centre’s Ranjan Gogoi, Kharge is the decision to divest Verma of his Police Establishment) Act, CVC have been moments when judges have been accused of Department of Personnel and third member in the selection powers as Director, CBI”, (Central Vigilance playing to the galleries and pandering to the anti-corruption Training divesting the CBI committee of CBI Director. Kharge’s petition added. Commission) Act and the direc- lynch mob. Moreover, many of the Court’s interventionist Director on the ground that the “The transfer of an incumbent The petition reads, “It is tions of this Court in Vineet guidelines came at a time when a politically unsure same were passed in derogation Director, CBI in an extraordi- also not in public domain that Narain’s case.” executive found itself vacating its governance any such meeting of the statu- Asserting that the law pro- responsibilities. There was a definite political context to tory committee was convened. vides for a two-year term, India’s history of judicial activism. It will be interesting to In his application, Kharge has Kharge’s intervention applica- track the judiciary’s said that even though he is a tion in Verma’s petition has Relationship between the approach if, say, India has CVC seeks files on member of the committee, he termed the Government’s move judiciary and public opinion a prolonged period of was neither “consulted nor as “arbitrary and illegal”. Kharge is more complicated. By stable, majority was I a part of any meeting or alleged that Verma’s ouster be governments capable of allegations against privy to any decision to divest “set aside to maintain the insti- applying a uniform passing laws through both Verma of his powers as tutional sanctity and integrity of constitutional criterion on all the Lok Sabha and the Director, CBI”. the CBI”. Sadhus attend the Dharmadesh, a two-day meeting organised for national religious customs, judges Rajya Sabha. The first four “It is also not in public Turn to Page 6 integration, at Talkatora Stadium in New Delhi on Saturday PTI may have viewed the years of the Modi Asthana from CBI Government has been a RAKESH K SINGH n NEW DELHI note, the CVC had through a Hindu way of life through grey area. The National letter to Verma on November Semitic prism with troubling Democratic Alliance he Central Vigilance 9 last year, sought a report on Youth held for making threat calls to blow up US airport consequences. Ayyappa cult Government enjoys a TCommission (CVC) that is his note and sent several may not be a separate comfortable majority in the vetting the allegations of alleged reminders conveying to the PNS n LUCKNOW from his father, who runs a NGO, and Kashmiri youth religious denomination Lok Sabha but has misconduct levelled by CBI CBI Director that the invested it in Bitcoins five months struggled with Bills in the Director Alok Verma against Commission wants the report leuths of the Anti-Terrorists Squad back. He immediately got a big prof- but it has to be given Rajya Sabha. It is on the his deputy Rakesh Asthana ‘immediately” and if the Sof Uttar Pradesh have arrested a it and on a word from an agent he studying in Noida autonomous space issue of social policy that has called for the relevant files enquiries have not reached 12th standard student from Orai invested $3,000 again but it was the relationship between from the investigating agency, finality, an interim report town in Jalaun district of siphoned off. He complained to the joins terror group? the judiciary and public top CBI sources said on bringing out the investigations Bundelkhand region for making FBI but no action was taken which opinion is more complicated. In the recent past, the courts Saturday.