COMMON CAUSE UPDATES
Developments in earlier interventions:
Supreme Court:
Challenging the vires of the appointments made to the CVC: The Petition challenges the arbitrary and non-transparent appointments of the new CVC and VC as violative of the principles of ‘impeccable integrity’ and ‘institutional integrity’ laid down in Vineet Narain case (1998) and Centre for Public Interest Litigation (CPIL) case (2011).
The matter was heard on February 22, 2016 and listed for hearing on a non-miscellaneous day.
Contempt Petition in Large Scale Advertisements: Common Cause filed a contempt petition against the State Governments of Uttar Pradesh, Delhi and Tamil Nadu for publishing publicly-funded advertisements in violation of the letter and spirit of the Apex Court’s guidelines regarding large scale advertisements, which had carved out exceptions for the Prime Minister, the President and the Chief Justice of India. The matter was last taken up on March 9, 2016. The Centre and seven States, including the poll-bound West Bengal and Tamil Nadu, sought revision of the verdict, pleading that it infringed the fundamental rights and the federal structure. The Bench headed by Justice Ranjan Gogoi reserved its verdict on the review pleas of the Centre and the seven States which demanded that besides the PM, pictures of Central ministers, CMs and other State ministers be allowed to be carried in public advertisements.
On March 19, 2016 the Court ruled, while modifying its earlier order, that photos of governors, chief ministers and cabinet ministers can also feature in the advertisements by central and state governments published in print media and shown on electronic media to announce various schemes and greet the public on various occasions.
(Meanwhile, full page and double page political advertisements are back with even bigger pictures, as if with a vengeance)
Preventing the export of logs of red sandalwood: The intervention of the Supreme Court was sought to foil a determined bid by the Government of Andhra Pradesh to export a huge quantity of confiscated red sandalwood, an endangered species. This move flies in the face of international conventions, express provisions of the Import-Export Policy and repeated admonitions of the Ministry of Environment & Forests. The matter was taken up on February 23, 2016, when the Union of India and the State of AP were granted four weeks as a last opportunity to file their counter affidavits.
In the hearing on May 6, 2016, the Court granted a final opportunity to the Respondents for filing their counters. The matter is likely to be listed on August 22, 2016.
Living Will: The petition sought the enactment of a law on the lines of the Patient Autonomy and Self-determination Act of the USA, which sanctions the practice of executing a ‘living will’ in the nature of an advance directive for refusal of life-prolonging medical procedures in the event of the testator’s incapacitation. The matter was disposed of on February 25, 2014. Without pronouncing any order on the specific prayer made in our petition, the Court invited a Constitution Bench to resolve the inconsistencies involved in the issue and the matter was taken up on July 16, 2014. After notices were issued to all States and UTs, the
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matter came up on January 15 and February 15, 2016. The ASG submitted that the government was considering a legislation on the subject. Hence, the matter was adjourned for July 20, 2016.
In June 2016, the Government released the draft Treatment of Terminally Ill Patients [Protection of Patients and Medical Practitioners] Bill, based on the recommendations of the 241st Law Commission Report and sought comments from the stakeholders. The Bill seeks to legalize passive euthanasia, subject to fulfilment of given conditions but categorically proscribes advanced medical directives or living wills.
Common Cause has submitted detailed comments to the Bill, highlight that the Constitutional guarantee of Right to Life subsumes the right to die with dignity. A living will is an attempt to safeguard this right by allowing patients to take early and informed decisions about preventing unnecessary medical procedures and a blanket proscription violates the patients’ right to die with dignity.
Decriminalisation of politics: The Supreme Court had on March 10, 2014 passed an interim order directing that trials in criminal cases against MPs and MLAs must be concluded within a year of the charges being framed. The Court also directed that if the trial court is unable to complete the trial within a year, it would have to submit an explanation to, and seek an extension from, the Chief Justice of the High Court concerned. While seeking compliance of the Supreme Court order we sought specific time-bound directions for closer monitoring of all such cases.
The matter was referred to the constitution bench on March 8, 2016.
Slaughter House Pollution: This petition praying for remedial measures against the rampant malpractices in slaughter houses was taken up on January 29, 2016, and the court asked the Ministry of Environment and Forests to file the affidavit in terms of the orders issued in March and August 2015. The Court made it clear that no further opportunity would be granted to the Ministry and listed the matter for February 26, 2016. Although the Court granted further adjournment at the hearing, it imposed a cost of Rs. 25,000 on the Union of India. The Welfare Board of India too was impleaded as a respondent.
In the hearing of May 2, 2016, an additional cost of Rs. 25,000 was imposed on those states which had not submitted compliance reports as directed. The Court also granted the Union of India a final opportunity to finalize the BIS standards after taking into consideration the report of the Central Leather Research Institute as well as the draft notification that has been prepared.
The matter is likely to be listed on July 18, 2016.
Illegal allocation of captive coal blocks: This matter was taken up on May 4 and 11, 2016 but administrative issues of the CBI having no bearing on our case were settled. During the hearing on April 6, 2016 the Report of the Committee constituted in compliance of the order of September 14, 2015 was taken on record. A copy of the Report was handed over to the Attorney General with the request to assist the Court on the further course of action. The Court decided to take up the reports filed by the Enforcement Directorate as well as by the CBI for consideration on the next date of hearing on May 4, 2016. The CBI’s counsel subsequently handed over a bird’s eye view of investigation (from 1.01.2016 to 30.04.2016) filed by the Directorate of Enforcement and Progress Report No.16 filed by the CBI on May 4, 2016.
The matter is listed on July 7, 2016.
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Illegal Mining in Odisha: Our petition to curb illegal mining in Odisha, as highlighted by the Central Empowered Committee and the Justice M. B. Shah Commission was taken up on April 21, 2014. The Court issued notices to the respondents and directed the CEC to submit a report on illegal mining. On May 16, 2014, the Court granted an interim stay on the operation of 26 mines and directed the State Govt. to dispose of all renewal applications as per the law. These matters were later taken up several times and the Court directed the amicus curiae, Mr. A D N Rao, to file his response. The Court also requested the Attorney General to assist it on the interpretation of Section 8A for disposing the IAs filed, specially the one filed by the Steel Authority of India. The bench of Justices Khehar and Nagappan citing provisions of the amended Mines and Minerals (Development and Regulations) Act, 1957 on April 4, 2016 disposed the petition, concluding that applications of miners filed before January 2015 or at least 12 months prior to expiry of the lease would have to be considered by the State.
Stating that Parliament amended MMDR Act to address miners’ hardships and remedy their grievances regarding pending applications for renewals, the court said that a mining lease would not lapse automatically unless the state government has heard the companies and issued orders to that effect. According to the court, in the absence of state government orders on pending applications, the leases would be extended by two years.
Contempt Petition against lawyers strike: The contempt petition filed by Common Cause against the strike of lawyers in Delhi HC and all district courts of Delhi on the issue of conflict over pecuniary jurisdiction, in WP (C) 821/1990 (Harish Uppal vs Union of India) was again taken up on February 1, 2016. At the hearing, Mr. Ram Jethmalani sought more time to convene a meeting of the Bar Association. The request was granted and matter taken up on April 5, and subsequently on April 12, 2016. Mr. Jethmalani again requested for time which was granted with the direction to list the case after the summer vacation.
Inquiry against ex-Chairman, NHRC Shri K.G. Balakrishnan: This matter was taken up on March 14, 2016. The Attorney General submitted that the individuals (relatives of Mr. Balakrishnan) in whose names the properties stood were income tax assesses. He informed the Court that he had all the assessment orders of the said assesses. In view of this submission, the Attorney General was directed to file a chart indicating the said facets and also keep the assessment orders and the orders passed by the appellate authorities, if any, for perusal of the Court.
The matter has been listed for July 12, 2016.
Delhi High Court
Misuse of BSP reserved symbol: The petition challenging the order of the Central Election Commission rejecting our request for freezing the reserved symbol of BSP on account of its misuse by its government in UP could not be taken up during 2015 due to adjournments sought by the respondent, lawyers’ strike and non-availability of the bench. On February 25, 2016, the counsel for the BSP contended that the said order of the ECI was passed pursuant to an order of in another petition which was still pending before the Supreme Court. The Court demanded to know why the respondent in the last five years did not seek the transfer of the petition to the Supreme Court, or seek a clarification. The Court has reserved its judgment after hearing the counsels.
Petition on electrocution by live wires: The Petition highlights the issue of recurring fatalities due to live wire electrocution, especially during the monsoon. Notice has been issued and the matter was listed on March 17, 2016. The Action Taken Report filed by respondent no 9 was also taken on record.
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After an adjournment on May 25, 2016, the matter is listed on August 10, 2016. (In the meantime yet another monsoon has hit India raising fears of more avoidable accidents and electrocution deaths)
Allahabad High Court
Extension of C&AG’s audit jurisdiction to NOIDA, Greater Noida and Yamuna Expressway Authorities: The PIL on the subject was initially filed before the Supreme Court but was dismissed as withdrawn on February 24, 2015. The Allahabad High Court was approached on September 1, 2015 as per the leave granted by the Supreme Court. Notice was subsequently issued and counters and rejoinders filed. The affidavit of disclosure filed by the State government has revealed nothing new regarding the nature of its financial relationship with the authorities in question. However, the CAGs office has sought an adjournment to file a supplementary affidavit. The matter was listed for March 30, 2016, when the Court granted two weeks’ time to the parties to file their response on the supplementary affidavit filed by the office of C & AG of India.
Next date of hearing has been fixed for July 5, 2016.
COMMON CAUSE ON CROWD FUNDING PLATFORM
Common Cause has posted an appeal for project funds to pursue its initiative on making the citizens' Right to Education a reality.
Today thousands of Indian schools lack enough teachers, classrooms, toilets, drinking water, books, uniforms, libraries, mid-day-meal kitchens or playgrounds. Despite a constitutional guarantee, millions of children are out of school, or without quality education. If we don't intervene, business as usual will continue forever.
Through the new campaign for RTE implementation, we are engaging with central and state authorities, conducting research and exploring the possibility of legal intervention. We are already working on empowerment of School Management Committees (SMCs), on improving teaching learning outcomes and on arresting the unusually high dropout rate in schools.
Please visit www.azadi.in/rte to make a contribution. For more information on Common Cause initiative on the Right to Education please visit our website www.commoncause.in
