Annual Report
Advocacy and Research Initiatives
a. Status of Policing in India Report (SPIR 2022)
Work on the upcoming Status of Policing in India Report on ‘Surveillance and Policing’ is currently underway and the report is slated to be released in early 2023. The data collection using surveys, focus group discussions and in-depth interviews has been completed and the chapters have been drafted. The editing, proofing and designing of the report is in progress.
A Focus Group Discussion was conducted with several former police officers, academics and experts to discuss various aspects of policing, privacy and surveillance on September 27, 2022. Following this, some in-depth interviews were conducted with serving police officers on the issue of surveillance and cybercrimes.
b. India Justice Report
On July 7, 2022 the India Justice Report (IJR) team published an analysis of the latest data on policing from the Bureau of Police Research and Development’s (BPRD) report, Data on Police Organisations 2021. The analysis looked at various aspects of policing such as vacancies in police departments, diversity in police forces and the installation of CCTV cameras within police station premises. The publication received wide coverage in the media.
The India Justice Report team i.e. Common Cause along with the Tata Trusts, Commonwealth Human Rights Initiative (CHRI), Centre for Social Justice, DAKSH, Tata Institute of Social Sciences-Prayas, and Vidhi Centre for Legal Policy, have also been organising and participating in several events for advocacy and information dissemination.
Besides these, several brainstorming discussions on the police as well as on the overall report have been held in this quarter, in which Common Cause has been an active participant and organiser. The initial drafts of the chapters have been prepared and are in the process of being reviewed by the teams. The final report is likely to be released in March 2023.
c. Representations, Comments and Suggestions
Feedback on the Draft India Data Accessibility and Use Policy 2022: The Draft India Data Accessibility and Use Policy 2022 aimed to enhance access, quality, and use of data and radically transform India’s ability to harness public sector data and claimed to ensure greater citizen awareness, participation and engagement with open data. Common Cause provided feedback on issues of non-transparency, privacy, data security and emphasised on the need for a data protection law.
Inputs to the Technical Committee concerning the Pegasus India Investigation: The Technical Committee constituted to examine the allegations of alleged unauthorised surveillance using the Pegasus software appointed by the Supreme Court in W.P. (Crl.) No. 314 of 2021 released a questionnaire with 11 questions, seeking responses and comments from the general public. We responded to the questions revolving around safeguards and grievance redressal associated with state surveillance and surveillance technology and suggested substantive and procedural safeguards for a surveillance framework and the steps to improve cyber security.
Representation seeking compliance of the Hon’ble Supreme Court’s judgement in Common Cause v. Union of India [(2017) 9 SCC 499] with regard to violation of Rule 37 of the Mineral Concession Rules, 1960: Common Cause filed a representation with the Director of Mines & Additional Director of Mines (Government of Odisha), Principal Secretary, Under Secretary and Joint Secretary (Department of Steel & Mines) and with the Special Secretary to the Government of Odisha, Department of Steel & Mines. The representation focussed on the violation of rule 37 of the Mineral Concession Rules, 1960 and illustrated a specific case as an example to urge the authorities to investigate the violators and take necessary action in this regard.
Comments/suggestions on the Drugs, Medical Devices and Cosmetics Bill, 2022: On August 22, 2022, Common Cause submitted detailed and incisive comments/suggestions on the Drugs, Medical Devices and Cosmetics Bill, 2022 to the Ministry of Health and Family Welfare. While it is understandable that in order to meet India’s evolving healthcare requirements, there is a need to build an innovative and globally competitive industry supported by world-class infrastructure, enabling ecosystem, regulatory framework and quality manpower, the public health aspects must still be the primary focus of the Bill. The pharmaceutical and medical sector must focus on providing accessible, affordable, safe, and high-quality drugs and medical equipment to patients along with promoting an innovative and self-sustainable industry. It was submitted that public health must be viewed from the citizen-centric lens, instead of making it a profit-making industry for Pharma. Transparency, accountability and access to information should be made mandatory under this bill. A due process of transparency builds confidence among the citizens and leads to good and responsible governance.
Comments/suggestions on the Indian Telecommunications Bill, 2022: Common Cause submitted comments/suggestions on the Indian Telecommunications Bill, 2022 in November 2022. While the draft bill had consolidated the previous three works of legislation regarding telecommunication services, it has yet to truly meet its goal of accommodating the increasingly modern and rapidly growing technology in the sector. Despite its several positive aspects, it has ended up amplifying our anxieties. Especially the provisions legitimising surveillance, internet suspensions and infringement of privacy. The Bill also proposes to curtail the role of TRAI from a regulatory to a titular body. To make this law more relevant and functional, it must be revisited to remove the shortcomings. There is a pressing need to update the telecom regulatory regime to meet the challenges the industry faces today, without compromising the people’s right to private correspondence, among other freedom and liberties.
Comments/suggestions on the Digital Personal Data Protection Bill, 2022: Common Cause submitted comments/suggestions on the Digital Personal Data Protection Bill, 2022 in December 2022. The Bill was awaited but it left a lot to be desired. The explanatory note presented a glowing preface but it was not fulfilled by the Bill. A few of the provisions are in line with the tests laid down by the Supreme Court in the Puttaswamy case relating to the scope of limitation of the constitutional right to privacy, however, the vague language allows space for wider interpretations and more specifically, missing the definition of terms such as ‘sensitive personal data’ (biometric data, genetic data, etc.). Inclusion of ‘deemed consent’ is problematic, considering the heightened need for data protection and privacy. It is concerning that the law is curated in a way that provides more power to executive bodies, without stringent punishments for wrong-doers.
d. Events, Meetings and Consultations
Book Release: The Struggle for Police Reforms in India on May 8, 2022: IPF, Common Cause and Rupa Publications collaborated for the book launch of ‘The Struggle for Police Reforms’ by Mr Prakash Singh, Indian Police Foundation (IPF) Chairman and former DGP, UP, Assam and BSF. Chief Guest, the then Vice President of India Mr M Venkaiah Naidu addressed the audience and spoke on police reforms, politics and bureaucracy. Other speakers included Mr N Ramachandran (IPF), Dr Vipul Mudgal (Common Cause), former DGP Mr NK Singh, Mr Kaushik Deka (India Today) and Mr Kapish Mehra (Rupa & Co.).
MIRA Coalition Meeting on May 13, 2022: As partners of Mineral Inheritors Rights Association (MIRA), a coalition of diverse civil society groups and networks in India that works in extractive sector governance, Common Cause participated in a full-day MIRA Coalition Meeting. The event featured roundtable discussions on themes of transparency, accountability, use of funds, environmental costs and human exploitation in the extractive sector and debated whether mining at such gigantic scales was needed at all as well as talked about the efficient use of District Mineral Fund for the benefit of the stakeholders. Mr Sreedhar Ramamurthi (Environics Trust), Mr Rahul Basu (Goa Foundation) and Mr Nikhil Dey (Mazdoor Kisan Shakti Sangathan), among others, highlighted various issues concerning the extractive sector governance.
Meeting on the India Justice Report on May 17, 2022: Common Cause, Commonwealth Human Rights Initiative (CHRI) and Vidhi Centre for Legal Policy had a discussion with the Director-cum-Chief Forensic Scientist of the Directorate of Forensic Science Services, Mr SK Jain. The agenda of the meeting was to explore the availability of information on forensic science laboratories and infrastructure at the national as well as the state level.
Digital Conduct during Elections on May 20, 2022: We had a meeting with Maj Gen Anil Verma (Retd), Head, Association for Democratic Reforms, Internet Freedom Foundation’s Mr Apar Gupta & Mr Prateek Waghre and Mr Srinivas Kodali of Free Software Movement of India, among others, around the impact of digital platforms in influencing electoral processes and the safeguards that need to be put in for its regulation and monitoring. In light of the recently concluded 2022 state elections, and the upcoming 2024 general elections, Common Cause and Internet Freedom Foundation have decided to take this initiative ahead. In continuation of the joint efforts, a questionnaire on the campaign for monitoring digital conduct during elections was floated to involve other stakeholders and engage with them systematically in order to create a comprehensive report by 2023 and send it to the Election Commission of India.
Two-week Online Interdisciplinary UGC Refresher Course on Human Rights and Social Inclusion by Jamia Millia Islamia, New Delhi on June 9-22, 2022: Jamia Millia Islamia, New Delhi invited the Common Cause Director to talk about Human Rights and the Police in a two-week online interdisciplinary UGC Refresher Course in Human Rights and Social Inclusion for training and skill building of young faculty members from various universities and colleges across India.
National Consultation on Vision India@2047 for Judicial System on June 13, 2022: Anshi Beohar from Common Cause participated in the National Consultation - ‘Justice for All: Developing a Speedy, Affordable & Technology-Enabled Citizen-Centric Doorstep Justice Delivery System’ organised by the Department of Justice, Ministry of Law and Justice. The consultation chaired by Mr SKG Rahate, Secretary, Department of Justice, was geared towards the aspirational vision of the Indian judicial system and preparing it for 100 years of independence through incorporating the Vision@2047. It envisions our judicial system to adhere to international standards and best practices of this sector that may enable India to emerge as the touchstone of justice delivery systems across the world soon.
Meeting with Rajasthan CM and Rajasthan Police Academy: Common Cause Director and CEO, Dr Vipul Mudgal presented the state-level findings of the Status of Policing in India Report (SPIR) Series at the Rajasthan Police Academy to all the Superintendents and Additional Superintendents of Police in the state. The presentation was followed by a discussion on police reforms with the DGP and the Hon’ble Chief Minister, Mr Ashok Gehlot. During the discussion, it was proposed by the CM that a larger conference on police reforms could be organised by the Rajasthan Police Academy, in collaboration with Common Cause.
International Colloquium on Criminal Justice in Numbers on August 27-28, 2022: An International Colloquium on ‘Criminal Justice in Numbers’ was organised by the Centre for Criminology, Criminal Justice and Victimology of the Rajiv Gandhi National University of Law (RGNUL), Punjab in collaboration with the India Justice Report team. Radhika Jha from Common Cause presented the key findings of the Status of Policing in India Report (SPIR) series. The colloquium brought together some of the most significant efforts in data-based research on criminal justice, both in India as well as internationally. The event was attended by the District Collector of Patiala, Mrs Sakshi Sawhney and Hon’ble Justice A G Masih, Judge, Punjab and Haryana High Court. Officials from the National Crime Records Bureau (NCRB), the National Legal Services Authority (NALSA), the National Judicial Data Grid (NJDG), and serving judicial and police officers also participated in the two-day event.
Dialogue on Social Accountability and Commons on September 2, 2022: Anshi Beohar represented Common Cause in the first in a series of dialogues on Accountability and Commons at National Law School of India University, Bangalore. Spearheaded by Foundation for Ecological Security (FES), Social Accountability Forum for Action and Research (SAFAR) and the Institute of Public Policy, National Law School of India University (NLSIU), dialogue series aims to develop a working framework for social accountability related to the commons, based on lived realities, experiences and struggles of a wide network of practitioners, activists and concerned citizens. The meeting was co-organised by Mazdoor Kisan Shakti Sangathan (MKSS) and School for Democracy, with academics, field experts, activists, researchers, etc. in attendance, to conduct a discourse around understanding the challenges and possibilities in the governance of commons, identifying key stakeholders and discussing ways to ensure transparency and accountability in this arena.
Meeting with Artha Global and Daksh team on November 24, 2022: A meeting was organised by Artha Global with representatives from Common Cause and Daksh to discuss the future scope for collaborative events and projects. The meeting was attended by Radhika Jha from Common Cause, Ms Neha Sinha, Deputy Director, Artha Global, Ms Avanti Durani, Assistant Director, Artha Global, Ms Smita Mutt, Research Associate, Daksh and Ms Sandhya PR, Senior Research Fellow, Daksh.
128th National RTI Webinar on Proposed Amendment in Section 8 (1)(j) of the RTI Act in DPDP (Data Protection) Bill, 2022 on December 4, 2022: Common Cause Director joined Mr Shailesh Gandhi (Former CIC), Mr Aatmdeep (Former SIC, Madhya Pradesh), Mr Rahul Singh (SIC, Madhya Pradesh), Tanmay Singh (Internet Freedom Foundation) and Mr Pravin Patel, General Secretary NFSFFJ in the panel discussion jointly organised by the RTI Revolutionary Group India, National Federation of Societies for Fast Justice (NFSFFJ) and Mission Free Legal Education.
Mr Harsh Mander on ‘Overcoming Hate: The German Experience’ on December 10, 2022: The Constitutional Conduct Group with Common Cause organised an interaction with Mr Harsh Mander, Director, Centre for Equity Studies at the Common Cause office. During the hybrid meeting, Mander drew out close parallels between what is unfolding in India today and Nazi Germany from his experiences. He also reflected critically on the remarkable attempts by Germany to atone for the horrific crimes of Nazi Germany, and what possibly India can learn from this about ways to build a humane and just society.
IPPN Annual Conference 2022 on December 13-14, 2022: Director Vipul Mudgal accompanied by SPIR Lead Researcher Radhika Jha represented Common Cause as panellists on Policy Analysis in India in the IPPN Annual Conference 2022 organised by Indian Institute of Management Ahmedabad (IIMA) & India Public Policy Network (IPPN) and supported by JSW School of Public Policy, IIMA, to discuss comparative research on Policy Analysis in India.
Meetings with various academics, experts and faculties: The Common Cause team reached out to various reputed national and international academics in the field of criminology and policing for discussions around the Status of Policing in India Reports and other research projects. Meetings were held with Prof Beatrice Jauregui from the University of Toronto, Prof Andrew Ferguson from Washington University, Prof Arvind Verma, from Pennsylvania University and Prof Shishir Jha, Dr Kalindi Kokal and Prof Parthasarthy from the Ashok Desai Centre for Policy Studies, IIT Mumbai.
e. Conferences, Workshops and Other Miscellaneous Activities
The Budget Dialogue: A Webinar on Union Budget 2022-23 on February 4, 2022 by Centre for Budget and
Governance Accountability (CBGA) has been organised every year, since 2005, a Post-Union Budget Panel Discussion with eminent economists, social activists and policy experts. The Union Budget for 2022-23 was released during the third wave of Covid-19 and would significantly impact the future socio-economic development of the country. The discussion highlighted the way the government planned to address inequality and exclusion in the wake of the pandemic. Shambhu Ghatak represented Common Cause in the event.
Podcast episode on the India Justice Report Conversations: Budgeting in the India Justice System on March 2, 2022: As part of a podcast series on the India Justice Report organised by the ‘Elephant in the Room’ podcast, Radhika Jha from Common Cause and Surya BS from Daksh were invited as guest speakers for a discussion around budgeting in the justice system. The podcast episode was hosted by Sudha Singh.
Times of India Podcast Episode on ‘Policing Communal Violence’ on April 25, 2022: Radhika Jha from Common Cause was one of the guest speakers on a podcast episode on the role of police during communal violence, along with former police officers Mr LN Rao and Mr VN Rai.
Women in Econ/Policy x Artha Global Chai Mixer on September 30, 2022: : Artha Global, in collaboration with Women in Economics and Policy organised a mixer event in Mumbai for women working at the intersection of the development sector and economics in India. Radhika Jha from Common Cause participated in the event.
Delhi Poetry Festival on December 11, 2022: Director Vipul Mudgal was invited for a discussion with the Mr Ramesh Inder Singh, author of the book Turmoil in Punjab – Before & After Blue Star and erstwhile DM of Amritsar during Operation Blue Star in the India Habitat Centre, New Delhi at the Delhi Poetry Festival.
f. RTI Applications
SPIR 2022: We have filed RTI Applications with all the States and Union Territories to check the status of the implementation of the Supreme Court in Paramvir Singh Saini v Baljit Singh & Others, SLP (Cr) No. 3543 of 2020 dated December 2, 2020, mandating the installation of functioning CCTV Cameras in all the police stations. The application sought the states to provide the status district-wise. The SPIR team is analysing the data received from the states.
Previously, we have also filed an application before the National Crime Records Bureau (NCRB) in December 2021 to procure information on the syllabus/course structure of the ‘CCTV Footage Analysis’ training of police personnel and other details. An RTI application was filed before the Public Information Officer, Public Works Department, Govt. of NCT of Delhi to seek information about the CCTV cameras installed in public places across the Capital. In addition, Common Cause filed an application with the CPIO, Ministry of Home Affairs and another with the CPIO, Centre for Development of Telematics (C-DOT), seeking details of protocols on data collection through lawful interception and monitoring.
Labour: We have filed RTI Applications with the Ministry of Labour and Employment regarding the information under the Extra Reach for Unorganised Workers (DGLW) and the Transparent Central Labour Inspection Scheme for random inspection of units. The information sought under the Extra Reach for Unorganised Workers (DGLW) was regarding the state governments’ initiatives to enable better access for the unorganised workers to the social security schemes. The application also asked for the details of the monitoring authority & officials responsible for this as well as the frequency of such monitoring on the access provided by the states. The application on the Transparent Central Labour Inspection Scheme for random inspection of units requested for the list of the states that have joined Shram Suvidha Portal along with the access links. The application also asked for a detailed list of inspections for the period between January 2021 till March 2022.
g. Publications
A Question of Earnings, State of India’s Environment 2022: February 2022 by Shambhu Ghatak in Centre for Science and Environment’s The State of India’s Environment 2022 (9th Edition). Available at:
https://www.downtoearth.org.in/reviews/state-of-india-s-environment-2022-80446
Book review: Jinee Lokaneeta, The Truth Machines: Policing, Violence, and Scientific Interrogation in India: April 4, 2022 by Vipul Mudgal in Studies in Indian Politics (SIP), 10(1), 150–151. Available at:
https://journals.sagepub.com/doi/abs/10.1177/23210230221082826
Eight Hurdles the ONORC Has to Cross Before It Can Be Called ‘Successful’: May 2, 2022 by Shambhu Ghatak in TheWire.in. Available at:
https://thewire.in/rights/eight-hurdles-the-onorc-has-to-cross-before-it-can-be-called-successful
Sedition law colonial-era baggage the State just doesn’t want to dump: May 11, 2022 by Anshi Beohar in News Nine. Available at:
Sedition law has to go, but the fear is it may survive in some other form: May 11, 2022 by Anshi Beohar in News Nine. Available at:
Abuse of spouse bigger threat to institution of marriage than law against marital rape: May 12, 2022 by Anshi Beohar in News Nine. Available at:
Review: The Struggle for Police Reforms in India by Prakash Singh: July 16, 2022 by Vipul Mudgal in Hindustan Times. Available at:
Release of book on ‘Crime Victimisation in India’, October 2022: Springer Publications released the first edition of an edited collection of articles on ‘Crime Victimisation in India’, edited by Sudhir Krishnaswamy, Renuka Sane, Ajay Shah and Varsha Aithala. Radhika Jha and Dr Vipul Mudgal from Common Cause authored one of the articles in the book based on the findings of the Status of Policing in India.
Review: India’s Undeclared Emergency by Arvind Narrain: October 28, 2022 by Vipul Mudgal in Hindustan Times. Available at:
The shifting local language mediascape: December 5, 2022 by Vipul Mudgal in Business Standard. Available at:
Public Interest Litigation
Miscellaneous Application by the Union of India seeking modification of the Supreme Court order in the Common Cause petition challenging re-appointment of the Director, ED: The Union of India (Respondent No.1) filed a miscellaneous application in the Common Cause petition, WP(C) 1374 of 2020, challenging the re-appointment of the ED Director, for modifying the judgment of the Supreme Court, dated September 8, 2021. By the way of the instant modification application, they have sought the deletion of the following from the judgment:
“We make it clear that no further extension shall be granted to the second respondent”
The Union of India has claimed that on the basis of the 5th proviso to Fundamental Rule 56(d) and Section 25(d) of the Central Vigilance Act, 2003 as well as various pending petitions challenging the extension of the incumbent ED Director’s tenure, the above statement must be deleted from the judgment of the petition challenging the re-appointment of the ED Director.
This application has been filed as a Miscellaneous Application, disguising the review petition. Several precedents have established that the Supreme Court disapproves the practice of filing such miscellaneous applications seeking “modification” or “recall” or “clarification” in an attempt to bypass Order XL of the Supreme Court Rules, 1966. In addition to this, the Supreme Court has also upheld that change in law or subsequent decisions by itself could not be grounds for review and such petitions shall be accordingly dismissed.
Petition to restrain the use of public funds for political campaigning through government advertisements: State governments across the country have started to roll out extensive advertising campaigns outside the territory of their respective states for projecting personalities and promoting particular parties without the interest of the target audience or prime beneficiaries of that government’s achievements, policies and welfare measures. Common Cause filed a petition to restrain the unnecessary use of public funds on government advertisements in ways that are completely malafide and arbitrary and amount to breach of trust, abuse of office, violation of the directions/guidelines issued by this court and violation of fundamental rights of citizens. In this regard, six specific issues were pointed out:
- Publication of advertisements by state governments outside the territorial limits of their respective states
- Publication of government advertisements in the form of ‘advertorials’
- Publication of government advertisements during/prior to the elections
- Issues concerning the ‘Committee on Content Regulation of Government Advertisements’ (CCRGA)
- Publication of Photographs of functionaries on Government Advertisements
- Advertisements in the name of Awareness Campaigns
The Supreme Court in its judgment dated 13-05-2015 in Common Cause vs. Union of India (2015) 7 SCC 1, had issued several guidelines aimed at regulating government advertisements in order to check the misuse of public funds by central and state governments. The five principles of those guidelines were as follows:
- 1. Advertising campaigns are to be related to government responsibilities,
- 2. Materials should be presented in an objective, fair and accessible manner and designed to meet objectives of the campaign,
- 3. Not directed at promoting political interests of a Party,
- 4. Campaigns must be justified and undertaken in an efficient and cost-effective manner and
- 5. Advertisements must comply with legal requirements and financial regulations and procedures
On September 26, 2022, Justice DY Chandrachud and Justice Hima Kohli heard the petition to restrain the use of public funds for political campaigning through advertisements. After hearing Mr Bhushan, notice has been issued to the respondents. The case is likely to be listed next on January 23, 2023.
Petition seeking timely and transparent appointments to the Central Vigilance Commission: Though vacancies for the post of Vigilance Commissioner and Central Vigilance Commissioner were advertised for more than 15 months and 5 months respectively, no appointments had been made pursuant thereto. This resulted in crippling the Commission with the effect that against a sanctioned strength of a threemember Commission (One Chairperson and two members), it was functioning with only one Vigilance Commissioner who had been authorised “to act as the Central Vigilance Commissioner...until the appointment of the Central Vigilance Commissioner.” In Vineet Narain v Union of India (1998) 1 SCC 226, to ensure the effective functioning and that the Commission could act as a robust ‘integrity institute’ it was made a multi-member body and given a statutory status. The scheme and object of the act of 2003, specifically envisioned that the commission should function as a multi-member body and should take decisions unanimously to the extent possible. Non-appointment of the Vigilance Commissioner and Central Vigilance Commissioner for extended periods therefore stultified the statutorily sanctioned working of the commission.
Common Cause approached the Supreme Court with a prayer for issuance of direction to the executive to take urgent steps to appoint Vigilance Commissioner and Central Vigilance Commissioner in pursuance of the advertisements that had been issued on 20.07.2020 and 04.05.2021 respectively. The petition also prayed that all details and documents regarding the selection process/appointments to be made to Central Vigilance Commission be placed in public domain. The matter was taken up on September 5, 2022 and notice was issued.
Petition Challenging Constitutional Validity of Sedition: Sedition, a colonial law, used to suppress dissent by the British in India, continues to be heavily abused by the law enforcement authorities against citizens for exercising their freedom of speech and expression.
Common Cause filed a petition in 2021, challenging the constitutional validity of sedition under Section 124A of the Indian Penal Code, 1860, as being violative of Articles 14, 19(1)(a), & 21 of the Constitution of India.
In Kedar Nath Singh v State of Bihar, the constitutionality of this section was tested and upheld. The offence of sedition was presumed to be complete if the activities tended to create public disorder or disturbance of law and order or public peace.
In its welcome order on May 11, 2022, the Supreme Court granted interim stay on the use of the provision by governments. It suspended pending criminal trials and court proceedings under Section 124A (sedition) and allowed the Union of India to reconsider the law of the colonial times.
The order stated that the Union of India had agreed with the prima facie opinion expressed by Supreme Court, that the rigors of Section 124A of IPC is not in tune with the current social milieu. Rather, the section was from a time when India was colonised. The Union of India, in its May 9, 2022 affidavit, had agreed to re-examine and re-consider the provision of section 124A of the Indian Penal Code before the Competent Forum. The Court adjudicated that it would be appropriate not to continue the usage of the aforesaid provision of law by the government. In addition, it said that the persons accused in fresh cases were free to approach courts for relief, which were asked to examine these cases, taking into account the present order passed as well as the clear stand taken by the Union of India.
The matter was supposed to be listed in the third week of July but it was not taken up. Several other petitions were filed on the similar issue and were listed alongside.
On October 31, 2022, a bench consisting the Chief Justice and Justices S Ravindra Bhat and Bela M Trivedi has adjourned the matter until January 9, 2023 on Attorney General R Venkataramani’s assurance that every interest will be protected and no prejudice against anyone will occur while considering the matter. The AG submitted that they are in the process of engaging relevant authorities to abide by the directions issued on 11.05.2022 and requested additional time as well as additional directives.
The Court also issued appropriate notices (returnable) on 09.01.2023 in those matters where notice was yet to be issued. Union of India’s legal representative, Arvind Kumar Sharma, accepted the notice on behalf of the Union of India. Appropriate affidavits, response and rejoinders shall be filed accordingly.
Petition to Completely Ban Export of Iron Ore: Common Cause filed a writ petition in April 2021, to completely ban the export of iron ore (whether in the form of pellets or otherwise). Alternatively, it sought the levy of export duty of 30%, on the export of iron ore in all forms, including pellets (except pellets manufactured and exported by KIOCL, formerly known as Kudremukh Iron Ore Company Limited). The petition also prayed to initiate proceedings under Section 11 of the Foreign Trade (Development & Regulation) Act, 1992 and Section 135(1) of the Customs Act, 1962. In addition, it sought the levy of appropriate penalty as per law against mining companies exporting iron ore pellets in contravention of the provisions of India’s export policy. By exporting iron ore pellets, they have been evading the duty chargeable on the commodity. In addition, the petition prayed for a thorough and independent investigation into the role of public officials in allowing the same. Notice was issued on September 24, 2021, directing the respondents to file their response within four weeks from the date of the order. The UOI filed its response on November 11, 2021, which was taken on record by the Court. The Union of India was directed to provide a copy of the counter affidavit to the counsel for the petitioner. Rejoinder affidavit, if any, was directed to be filed, in the meantime. The matter was taken up on February 18, 2022 when upon hearing the counsel, the Court ordered the matter to be listed on March 9, 2022 for final disposal. Further date was granted in the matter on March 22, 2022.
However, on May 21, 2022 the government increased the export duty from 0% to 45% on iron ore pellets. Recently, the export duties on certain steel products and iron ore imposed in late-May were removed and the duty on iron ore pellets has been reduced to nil again. The matter is likely to be listed next on January 17, 2023.
Miscellaneous Application in Right to Living Will: : On November 23, 2022, Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar heard Solicitor General Tushar Mehta, Mr Bhushan, Mr Datar and Dr RR Kishore. It was brought to the court’s notice that efforts have been undertaken to engage the attention of the Ministry of Health, Union of India and the efforts may have to be made to arrive at suitable draft guidelines which can be placed before the Court for consideration. The matter has been listed next on January 17, 2023.
Contempt Petition against Lawyers Strike: The contempt petition filed by Common Cause against the strike of lawyers in Delhi High Court and all district courts of Delhi on the issue of conflict over pecuniary jurisdiction was eventually taken up on November 2, 2022, where the Court asked for short notes on the proposed submissions and the propositions by the parties within 4 weeks. The matter was listed next on December 6, 2022, when on behalf of the petitioner, advocate Prashant Bhushan told the Bench that the Bar Council of India (BCI) had not suspended those who went on strike. “We expect a serious response from you,” the Bench told advocate Ardhendumauli Kumar Prasad, who represented the BCI. Noting that suspension was not sufficient, the Supreme Court said major steps were needed against striking lawyers. “BCI is the apex body and should act like one. What are the preventive measures being taken? This can never acquire the proportions of adversarial litigation,” a Bench led by Dinesh Maheshwari said while hearing the contempt petition. It posted the matter for further hearing on January 24, 2023.
Introduction of Electoral Bonds Challenged: Common Cause and the Association for Democratic Reforms (ADR) challenged the introduction of Electoral Bonds, which was introduced by amending Finance Act 2017. These bonds have not only made electoral funding of political parties more opaque, but also legitimised high- level corruption at an unprecedented scale by removing funding limits for big corporates and opening the route of electoral funding for foreign lobbyists. The PIL sought direction from the Supreme Court to strike down the amendments brought in illegally as a “Money Bill” in order to bypass the Rajya Sabha. On October 3, 2017, notice was issued to the Union of India and other respondents and on February 2, 2018 our petition was tagged with one filed by Communist Party of India (Marxist), also challenging the electoral bond scheme. On March 14, 2019, the Centre in its affidavit filed in the SC claimed that electoral bonds would “promote transparency in funding and donation received by political parties”.
During the hearing on October 14, 2022, the Court had asked the government whether the electoral bonds’ system revealed the source of money pumped in to fund political parties even as the Centre had repeatedly maintained that the scheme was “absolutely transparent”. “The methodology of receiving money is absolutely transparent… It is impossible to get any black or unaccounted money in… To say that this (electoral bonds scheme) affects democracy may not hold water. We will take Your Lordships through this step-by-step,” Solicitor General Tushar Mehta had replied for the government on that day. The petitioners had argued that the scheme affected the very idea of free and fair elections and an opaque way of funding political parties, where the identity of who is funding whom destroyed the very concept of Article 324.
On November 22, 2022 a new petition challenging the government notification allowing the sale of electoral bonds for an additional 15 days in Assembly election years was tagged with our case. This petition filed by Dr Jaya Thakur sought the quashing of the November 7, 2022 notification issued by the Finance Ministry amending the electoral bonds scheme. “An additional period of 15 days shall be specified by the central government in the year of general elections to the legislative assembly of states and Union territories with the legislature,” the gazette notification had said. Earlier, a 30-day extra period for sale was allowed only in Lok Sabha election year.
On December 15, 2022 the matter was taken up by the SC, which agreed to examine the plea to refer the matter to a Constitution Bench. The petitioner’s advocate, Mr Prashant Bhushan, requested the Court for an urgent hearing, saying the question of reference to a Constitution Bench could be heard and decided quickly at an early date. Justice Gavai heading the bench said that the case had been pending since 2015, to which Mr Bhushan responded that the petitioners had made several requests for early hearing. The bench listed the case for January 31, 2023.
Writ for Police Reforms: The battle for police reforms has been going on for the last 26 years. The Supreme Court took 10 years to give a historic judgment in 2006, in the petition filed by Prakash Singh, Common Cause and NK Singh. Since then it has been a struggle to get the Court’s directions implemented. On July 3, 2018, responding to an interlocutory application filed by the Ministry of Home Affairs regarding the appointment of acting Director General of Police (DGP) in the states, the Supreme Court gave a slew of directions to ensure that there were no distortions in such appointments. It laid down that the states shall send their proposals to the UPSC three months prior to the retirement of the incumbent DGP. The UPSC shall then prepare a panel of three officers so that the state can appoint one of them as DGP. In October 2022 and December 2022, the Court entertained applications filed by the State of Nagaland and the UPSC to finalise the names of DGP for the state. The matter is directed to be listed for January 9, 2023.
Illegal Mining in Odisha: This matter was listed several times in 2022, where interlocutory applications filed by interested parties were disposed of and directions issued on penalties to be paid. On January 2, 2023 Court issued notice on the IA filed in the matter and directed the matter to be listed for January 16, 2023.
Finance and Accounts (2021-22)
The Audited Annual Accounts of Common Cause for the year ending March 31, 2022 has been received. The Governing Council has accorded its approval on 27.09.2022. Briefly, the non-project expenditure during the year was Rs 116.39 lakh against Rs 114.83 lakh recorded in the previous year. The non-project income during the year was Rs 114.98 lakh compared to Rs 100.21 lakh during 2020-21. Thus there was a shortfall of Rs 1.41 lakh during the year as against a shortfall of Rs 14.62 lakh in the previous year.
