The court of  Varanasi that has been hearing the ongoing Gyanvapi Mosque-Kashi Vishwanath Temple dispute said today that  the parties can file their objections to the advocate commissioner’s survey report.

The Court will now hear the plea filed under the Order VII Rule 11 of the Code of Civil Procedure (CPC) .This plea was put by the Muslim party challenging the maintainability of the suit filed by Hindu parties on May 26.

As per the order” The officer who was earlier presiding the case (Civil Judge, CD, Varanasi,) had asked objections of both  sides while on the report. by the commissioner. The said order is currently in effect. Therefore, the parties can submit objections to the commission report within seven days.” 

The same order was also passed by the the District and Sessions Judge Dr AK Vishvesha.

On Monday, the Hindu parties had submitted that before any decision is taken , the report of the earlier advocate commissioner who surveyed  Gyanvapi Mosque and videographed the same, should be considered for deciding the maintainability plea.

The Hindus have filed a civil suit  seeking the right to worship inside the premises of the Gyanvapi Mosque, on the ground that it was a Hindu temple and it still houses Hindu deities including Ganesha and Shringar Gauri.

An application has been filed by the Muslim parties  under Order VII Rule 11 of the Code of Civil Procedure (CPC) which challenges the maintainability of the suit on ground that the Places of Worship Act of 1991.

The Places of Worship Act of 1991 act was introduced during the Ram Janmabhoomi movement, and it seeks to protect the status of all religious structures as they stood on August 15, 1947.

Section 4 of the Act has also bars courts from entertaining any case regarding such places of worship. The provision further states that such cases already pending in courts would stand abated.

Few days back , survey of the Gyanvapi Mosque was conducted by an advocate commissioner after the order from a civil court . The Gyanvapi masjid area was surveyed, videographed and  a report was submitted to the civil court.

The Supreme Court had later transferred the suit to the  District judge to take call.

It was then that the Hindu parties  contended before the District Court that without taking into account the survey report, the maintainability of the suit cannot be decided, for the nature of the religious structure is the subject matter of the dispute.

The Government on Tuesday issued fresh guidelines for officials and staffers of Central Government in order to prevent the spread of COVID-19.

The latest circular comes in the wake of several senior central government officers and their staff reporting COVID cases. In the last week alone, the defence secretary and the Director of Press Information Bureau have tested positive while an Additional PS to a Minister of State based in Udyog Bhavan, a Law Minister Joit Secretary are among others.

The government circular stated, “The number of COVID-19 positive cases are going up rapidly. Many officials in various central government ministries/department have been tested COVID-19 positive. Some have lost their lives to this pandemic. Therefore, it is the duty of every officer to protect themselves and each other and help prevent further spread of the diseases.”

The fresh guidelines issued by the govt include:

1. Only asymptomatic staff shall be allowed. Anyone with a mild cold/cough or fever needs to stay at home. 

2. Officers/staff residing in the containment zone shall not come to office and work from home till containment zone is de-notified.

3. Not more the 20 staff/officers shall be attending office in a day. Roster will be reworked accordingly. The remaining staff will continue to work from home.

4. Under Secretaries/Deputy Secretaries, if sharing a cabin, then they will come alternate day to enforce social distancing.

5. The Section shall not have more than two officials at a time. Staggering office hours shall be followed to ensure no more than 20 staff in any given time in the office. As far as possible, windows may be kept open for proper ventilation in halls.

6. Face mask and face shield have to be worn at all times inside the office premises. Disciplinary action will be taken on throwing gloves or masks in open or in normal waste bins. General Section will inform housekeeping about norms for disposal of such waste. 

7. Used masks and gloves shall be discarded carefully in yellow colour biomedical waste bin only. Strict action will be taken on throwing gloves or masks in open or in normal waste bins.

8. Face-to-face meetings/discussions/interactions should be avoided as far as possible. Officers/staff will use intercom/phone/VC for interactions.

9. VCs may be attended from the respected rooms of the officers. VC  in board room may be avoided as far as possible. 

10. Frequently touched places such as electric switches, door knobs, elevator buttons, handrails, washroom fixtures etc. shall be cleaned in every one hour with 1% sodium hypochlorite. Officers/staff are also advised to clean their personal equipment like keyboards, mouse, phones, AC remotes etc. by themselves by using ethanol-based disinfectant frequently.

Other guidelines include- Distance of 1 metre shall be maintained while sitting or walking, All officers/staff are requested to follow the instructions without fail.

-India Legal Bureau

Even as Monday brought in Unlock 2.0 which marked the re-opening of shopping malls, restaurants and hotels across the country as part of the Centre’s initiative to restart the economy,  two states, West Bengal and Mizoram– opted to to extend  to go back into lockdown mode after  witnessing a sudden rise in the number of coronavirus cases, tomorrow.

“The lockdown is being extended in the state till June 30, with all existing relaxations and conditions still in place. Earlier, we had allowed only 10 people at social programmes such as a marriage or a funeral ceremony, now we have increased it” WB Chief Minister Mamata Banerjee said on Monday. Ditto for Mizoram. It was only last week week that the WB govt had eased the lockdown, allowing places of worship to reopen, and jute, tea and construction sectors to resume full-fledged operations. Shopping malls, restaurants and other establishments resumed services in West Bengal  had also opened after a gap of over two months. The sudden u-turn is an acceptance of the reality staring everyone in the face, the curve that was somewhere flattened during the lockdown is on an upward spiral once again. 

The decision of the two states is hardly surprising as India in the past one week has recorded the maximum number of COVID-19 cases – almost a fourth of the total so far – as well as fatalities and recoveries.

According to data released by the Union Ministry of Health, the country had 1.82 lakh cases on May 31 which increased by 64, 485 in the first week of June, taking the tally to 2.46 lakh cases (on June 7). Similarly, one-fourth of the deaths (1,765 deaths) were reported in the first week of Unlock 1 in the country. The current death toll stands at 7,135 across the country.

COVID-19 testing too has increased substantially over the past few days. More than 9.29 lakh samples were tested in the first week of June itself. This accounts for around 20 per cent of the total tests done so far. As of June 7, the number of tests stood at 46.66 lakh. Currently, India is testing more than one lakh samples every day, a trend seen in the past three weeks.

India is reportedly the only country among the worst-hit nations to report a steady rise in the number of cases after lifting the nationwide lockdown. Congress leader Rahul Gandhi has also pointed this out in one of his recent tweets.

India has now become the sixth worst-hit nation with 2.56 lakh coronavirus cases followed by the United States, Brazil, Russia, Spain, and the UK. The death rate in the country is one of the lowest among these countries. Russia has the lowest death rate at 1.2 per cent which is followed by India at 2.8 per cent.

-India Legal Bureau

Delhi Lieutenant Governor Anil Baijal on Monday overruled the Arvind Kejriwal– government’s controversial decision  to restrict COVID treatment in Delhi hospitals to people  only to Delhites in hospitals run by the Delhi government.

Overruling the decision of the Delhi Chief Minister, that treatment for Covid-19 would only be provided to residents of Delhi in hospitals run by the Delhi government, the LG today in his capacity as Chairperson of the DDMA directed departments and authorities of NCT of Delhi to ensure that treatment is not denied to any patient on grounds of not being a resident of Delhi. This decision will bring relief to patients and their families from outside Delhi who are seeking treatment during the coronavirus pandemic.

Chief Minister Arvind Kejriwal on June 7 announced that the hospitals run by his government and private players will treat only Delhi residents during the COVID-19 crisis. While addressing media via video conference, Kejriwal said the hospitals under the Centre will continue to operate as per the central government’s directions.

“Over 90 per cent of people want Delhi hospitals to treat patients from the national capital during the coronavirus pandemic. Hence, it has been decided that government and private hospitals in Delhi will only treat patients from the national capital,” Kejriwal had told the media briefing. Kejriwal’s decision drew huge flak from many quarters. 

–India Legal Bureau

The President of National Lawyers Campaign Mr. Mathews J Nedumpara on Thursday, wrote an open letter addressing to the Prime Minister Mr. Narendra Modi along with Chief Justice of India Mr. S.A. Bobde, Chief Justice of Rajasthan High Court and Chief Minister of Rajasthan against reported decision of the collegium of the Rajasthan High Court recommending 17 names for appointment as judges of the Rajasthan High Court.

Mr. Mathews in his letter said that “If selection to the august office of the judge of the High Court is made upon the vacancies being duly notified and applications being invited from all eligible candidates, with a further opportunity to the public at large to make any complaints or objections of the candidate so selected, in other words, had the selection process been transparent, seemingly atleast on the basis of merit, the allegation that Mrs. Alka Bhatnagar, though not deserving to be elevated, is  elevated only because of her being the mother-in-law of a sitting Supreme Court judge’s son , may not be discredited to be nepotism”.

The allegations in the letter are that many of the lawyers who have been recommended are not eligible or deserving candidates, but are recommended only because of their kinship and other connections. He further elaborated by giving an example as one of the candidates, namely, Mrs. Alka Bhatnagar, is the mother-in-law of Hon’ble Mr. Justice Naveen Sinha’s son. 

“As the President of the National Lawyers Campaign for Judicial Transparency and Reforms, an organization registered under the Maharashtra Public Charitable Trust Act, and as one who is leading a campaign which has thousands of members as participants in different parts of the country, I will be failing in my duty if I hesitate to address this letter. I am in Cochin. I have no connection with Rajasthan except through lawyers and activists. I am sure even my adversaries would not attribute any kind of malice for I do not know any one of the 17 lawyers recommended for elevation, much less even heard of them. What I heard from certain sources, on the face of it, is very disturbing”, said Mr. Nedumpara.

Thereafter, he pointed out that in the Dark Ages, the Popes had appointed their nephews as their successor. Blood is thicker than water. Kinship is the greatest of all bonds among us humans. Even the noblest of men and women in power are not immune from the sin of nepotism. He added that the perception of the common man is that collegium is nothing but a synonym of nepotism and kinship. Could the common people be found fault with for that? The perception is that the majority of the past, present and future Chief Justices owe their office to their kinship and the common perception is that merit alone will not make you eligible for appointment as a judge of the High Court before the age of fifty. What is needed is a godfather to sponsor you.

Therefore, he concluded by making a remark that primary qualification of a judge is to be born in the family of judges and prominent lawyers or powerful politicians. 

Mr. Mathews views on Justice Krishna Iyer in the letter; –

“I still remember vividly, an article of Justice Krishna Iyer which I read in the year 1994 shortly after the Judges 2 case. While the elite class of lawyers in Delhi celebrated the judgment, Justice Krishna Iyer foresaw that it would lead to nepotism and oligarchy. I had only a very limited association with Justice Justice Krishna Iyer. I had the good fortune to discuss these issues with that great soul. What was to my disbelief was that even Justice Krishna Iyer was fearful of criticizing the judges, he told me that it leads to so much of hostility. If Shri Krishna Iyer himself was so fearful of the hostility that he would invite, how much more fearful would I be when i speak against the collegium/nepotism. What gives me the strength is the faith in the God of truth. Fear not in speaking the truth, because ultimately, it will prevail. The reason I address this letter is that I have certain amount of faith in the judges”.

–India Legal Bureau

In a massive blow in its attempts to return to normal functioning, at least three judges of the Madras High Court have tested positive for COVID-19 reportedly resulting in it deciding to restrict its functioning until the month end.

Accordingly, the administrative committee meeting of the High Court, which met on Friday decided to revert back to hearing just urgent matters through two division benches and four single judges and that to from their residences similar to the manner the high court functioned immediately after the first phase of lockdown had commenced.

Thereafter, the High Court on June 1 while ruling out the feasibility of physical court hearing despite several plea from advocate bodies, expanded it to video conference hearing of all cases by all the 33 judges in their respective assigned jurisdiction.

The High Court registry, when contacted, while refusing to deny the aspect that certain judges have tested positive insisted that all details pertaining to the change would be put on the website soon.

But informed sources confirmed that the judges testing positive was not owing to the spread emanating from within the high court but through their personal staff like drivers while another judge had got it from a wedding, he attended. In the instance wherein a cook employed in a judge’s place had tested positive, the judge had reportedly tested negative.

However, a few other judges who had come in contact with the judges who had tested positive have been subjected to Coronavirus test while a couple of judges whose drivers had tested positive have home quarantined themselves.

Sources also indicate that since the judges who tested positive were asymptomatic, they have also been home quarantined.

-India Legal Bureau

The Ministry of Road Transport and Highways on Wednesday has re-invited suggestions and comments from all stake holders including general public on the proposed amendment in the Motor Vehicle Rules.

These rules proposed by the Ministry pertain to the registration of new vehicles, driving licences, and recall of old vehicles. In this respect the ministry issued two notifications on 29^th May, 2020. The first notification covers the section 4-28 of Motor Vehicle Act on following aspects:-

• Use of Electronic forms and documents (Medical Certificate, Learners License, Surrender of DL, Renewal of DL)
• Online learner’s License
• National Register.
• Dealer point Registration.
• Renewal of Registration 60 days in advance
• Temporary registration for 06 months with extensions of 30 days (Body building etc).
• Trade certificate – electronic
• Alteration, retro fitment to vehicles and adapted vehicles.
• Insurance in case of Altered vehicles.

The other notification covers section 39-40 of the Act and includes aspects like:-

• Recall Policy of defective vehicles.
• Procedure for Recall
• procedure to detail Investigating Officer
• Investigation Procedure- time bound manner (06months)
• Role of Testing Agencies
• Obligations of Manufacturers, Importers & Retrofitters.
• Accreditation of Testing agencies.

The ministry has specified that the suggestions or comments can be sent to the Joint Secretary (Transport), Ministry of Road Transport and Highways, Transport Bhavan, Parliament Street, New Delhi or on e-mail- jspb-morth@gov.in, within sixty days from the date of publication of these notifications. However, the comments which were sent earlier are not required to be sent again.

-India Legal Bureau

The Prime Minister Narendra Modi on Sunday said that as the country gradually emerged from more than two months of lockdown and economic activities begin, it is all more important to be vigilant and careful and keep up up the do’s and don’t’s adapted during the lockdown.

Modi says that despite India’s big population, the spread of the virus has been slower compared to other countries because of the people-driven response to the pandemic. “We have endured suffering, but everyone is resolved to handle it,” he says.

Addressing the nation on his Monthly Mann Ki baat programnnem the PM said “When last time I spoke with you in Mann Ki Baat, passenger trains, buses, air services were closed but this time curbs have been lifted. Shramik Special trains, other special trains and flights have resumed with adequate precautionary measures.”

PM Modi said that “During the last two Mann ki Baat programmes, we have been largely discussing the COVID-19 situation. It indicates how importance of talking about the pandemic and taking the relevant precautions.” He added that it is important to be even more careful now.

As the Home Ministry announced that the lockdown has been extended only in the containment zones in the phase five of the lockdown, PM Modi said that “A major chunk of economy is active now. There should be no laxity in maintaining six feet distance (Do Gaj Doori), wearing masks & staying indoors as much as possible. We need to be more vigilant now. Due to everyone’s support, fight against COVID-19 is being fought strongly.”

Further, he added that the fight against COVID-19 is also being powered by the innovative spirit of our citizens. They are innovating in a wide range of sectors. “One more thing that has touched my heart is innovation at this moment of crisis. A multitude of countrymen from villages & cities, from small scale traders to startups, our labs are devising even new ways of fighting against Corona; with novel innovations,” PM Modi said.

Comparing India’s situation with others, PM said that “When we look at other countries, we realise how big is achievement of Indians. Our population is many times more than other countries, challenges are different still COVID-19 didn’t spread so rapidly as in other countries & fatality rate is also notably lower.”

While addressing the plight of the poor, PM Modi said, “There is no section in our country that is unaffected by the difficulties caused by the disease. However, the worst affected are the poor and the labourers. Their pain, their agony, and their ordeal can’t be expressed in words.”

Adding that few days ago, the number of Ayushman Bharat beneficiaries crossed over 1 crore, he said “If the poor had to pay for their treatments in hospital, if they weren’t treated for free then they had to spend somewhat around Rs 14,000 crore. Ayushman Bharat has saved money of poor.”

He also congratulated the doctors, nurses and medical staff who treated patients under this scheme.

PM Modi also requested people to participate in the unique experiment of International Video Blog competition titled ‘My Life, My Yoga’ by the Ministry of AYUSH.

Modi also addressed the issue of locust attack in several states. He said, “While eastern part of India is facing natural calamity caused by cyclone, many parts of the country are under locus attack. These attacks have reminded us how much damage this small insect can cause. Locust attack runs into several days, a huge area gets affected.”

He said that by adopting new innovations, the country will be able to deal with the crisis in the Agriculture sector. “Be it centre, state govt, agriculture dept or local admn, everybody is using modern resources to help farmers. Adopting new innovations, I am confident we will be able to deal with this crisis in the agriculture sector,” Modi said.

Speaking about Cyclone Amphan that hit West Bengal quite hard, PM Modi said India stands with Odisha and West Bengal, people of these states have shown remarkable courage.

-India Legal Bureau

A division bench comprising of Justice Manmohan & Justice Sanjeev Narula observed that “We are, therefore, of the view that a system should be put in place where sufficient checks and vigilance is maintained with regard to maintenance of facilities at the night shelters in question, and other night shelter being run and managed by DUSIB in the NCT of Delhi.”

The Court gave the order while hearing a PIL filed by Karan Seth seeking directions regarding the treatment and accommodation for hundreds of outstations patients and their attendants who were earlier being treated at the All India Institute of Medical Sciences, Delhi (AIIMS) for several ailments as AIIMS stand converted into an exclusive facility to treat Covid-19 patients.

Earlier on the last hearing Mrs. Rachna Malik, who is a volunteer, and who has been regularly visiting the said night shelter at AIIMS, said before the Court that “there is no potable drinking water facility at the night shelter, and she has been providing drinking water at the said night shelter by purchasing the same.” She also said that “Though the toilets are cleaned twice a day, due to lack of water, they get soiled very fast, and there is also choking off the sewer line.”

On this the Court today observed that “What emerges from the reports and the video recordings is that the shortcomings pointed out by Ms. Malik in relation to lack of water, which was leading to unhygienic sanitation conditions; lack of drinking water; lack of record being maintained of the persons/visitors visiting the night shelter home, are correct. The version projected by Mr. Sharma, on the last date, in respect of the aforesaid aspects does not appear to be correct and we reject the same.”

Hence, the Court directed DUSIB to accredit NGOs and individual social workers who are associated with the night shelters and to involve the NGOs and individual social workers in the matter of supervision of such as night shelters. Any grievances, complaints, or suggestions that DUSIB mayreceive in respect of any of its night shelters from such NGOs, or social workers, should firstly be taken on record and actioned without any delay.

Ms. Malik further informed the Court that in the night shelter in question, even basic facilities like hand sanitizers/ liquid soap dispensers have not been provided.

However, Mr. ParvinderChauhan appearing for DUSIB assured the Court that hand sanitizers would certainly be provided without any delay. The Court Directed Mr. Chauhan to do the same within 1 day and those liquid soap dispensers be also provided in the night shelter at AIIMS. Whereas, Same facilities are directed to be provided at other night shelters operated by DUSIB within this week.

The Court has also directed DUSIB to ensure that only patients and their immediate attendants are permitted to occupy the night shelters at AIIMS, and other night shelters in the vicinity of other Government hospitals in Delhi. All other occupants, who are not receiving treatment at the concerned Government hospital, should be shifted to the other night shelters managed by DUSIB.

The Court has directed the authorities at AIIMS and DUSIB to discuss over the issue that AIIMS could take over the night shelter in the VishramSadan complex, and manage the same like the other VishramSadans to the exclusion of DUSIB and arrive at an understanding on all aspects, including the financial aspects.

The bench while appreciating the efforts of Mr. and Mrs. Malik stated that “their efforts have to be appreciated and lauded by all. We, therefore, hope and expect that the officers of DUSIB, including Mr. Sharma, would appreciate the contribution made by Mr. & Ms. Malik in the right perspective, as they do not haveanything personal against any officers of DUSIB. All that they have done is to highlight the shortcomings in the management of the night shelter of DUSIB. We, therefore, do not expect Mr. & Ms. Malik, or any inmate of the night shelter who came on record to disclose the prevailing position, to be targeted in any way.”

Whereas the Court made it clear to the respondents that if any grievance is raised in this respect – which is found to be correct, we would not hesitate to take strict action, including initiation of criminal contempt proceedings against the concerned officials.

On the issue of people staying at night shelter being tested positive COVID-19 and cases not being dealt with properly the Court directed the Health Department of the GNCTD to look into this aspect so that such situations do not recur in the future.

The Court further found out that there is lack of Communication protocol between AIIMS and GNCTD, regarding this issue the Court has directed Any communication between AIIMS and GNCTD about Covid-19 patients should be addressed to the Nodal Officers of the other party. Let the particulars of the Nodal Officers be exchanged between AIIMS and the GNCTD during the day and further directed both AIIMS and the GNCTD to respond to the correspondences that they exchange, without any delay.

“We direct AIIMS to look into the case history of each of these 20 persons who have been admitted to the AIIMS COVID-19 facility at Jhajjhar, and take a case by case decision,” the Court stated in its order.

-India Legal Bureau

The Uttarakhand High Court on Wednesday deferred hearing of a petition filed for the transportation of stranded migrant workers.

The High Court said that transporting merely 2000 persons by train per day would require at least 50 days, from the 01^st of June, to bring back the remaining one lakh stranded persons from different parts of the country to the State of Uttarakhand during which period they would continue to suffer from lack of food, water and shelter. Failure to take immediate steps to provide adequate transportation facilities, and to introduce more trains and buses, to ply these unfortunate victims, who have lost all means of livelihood during this COVID-19 pandemic, back to their homes, would only result in their continuing to walk thousands of miles, without food, to reach their homes.

“The indifference exhibited by the haves, to the plight of these have nots who are forced to walk for miles together without food and water (during peak summer when several parts of the country are seeing a record surge in day temperature), is extremely disturbing. The lackadaisical approach adopted, to ameliorate the plight of these miserable lots, does not show the administration, both at the Centre and in the State, in good light.

The abnormal rise in temperature, in some places beyond 45 degree Celsius, may well result in a large number of those, walking back to their homes, suffering from heat stroke some of them fatally. Greater urgency needs to be shown, by both the Centre and the State, to bring back these stranded workers and others, who are walking back to their respective homes in the State of Uttarakhand, by a proper and decent mode of transportation. Immediate measures are also required to be taken to provide them, water, food and shelter enroute till they are transported to their respective destinations within the State”, said by the High Court.

The bench comprising of Chief Justice Ramesh Ranganathan & Justice R.C. Khulbe heard the PIL, whereby learned Assistant Solicitor General for the Union of India, stated that the information received by him is inadequate, and he be granted time till 29.05.2020 to file a detailed report.

When Court asked the ASG, that what arrangements have been made for transportation of stranded migrant workers, and others who have registered themselves to be brought back to their homes within the State of Uttarakhand, learned Assistant Solicitor General replied that, from 01.06.2020 onwards, one train would run from Amritsar to Haridwar and backand another train would run daily from New Delhi to Haridwar and Dehradun and backand, in all, around 2000 passengers would be transported by train each day.

Chief Standing Counsel for the State Government, said that more than 1000 buses are being plied by the State Government to transport stranded migrant workers, and others who have registered themselves, from other States to their respective destinations in the State of Uttarakhand and in all, around 54,000 such stranded persons have already been transported to their respective destinations within the State of Uttarakhand.

He further added that all possible steps, to provide succour to these helpless persons, are being taken by the State Government; around 2.3 lakh stranded migrant workers and others have registered themselves to be brought back to the State of Uttarakhand from different parts of the country and 1,29,000 such stranded migrant workers and others have already come back, leaving around one lakh remaining to be brought back to the State.

-India Legal Bureau