SCCOMESTOTHEAIDOFTUSKERS
The SC on Friday sought response from the Centre and 12 State govts on a plea seeking to curb the barbaric practice of the use of explosives and cracker filled fruits to ward off the elephants.
A bench comprising Chief Justice Sharad A Bobde and Justices R Subhash Reddy and AS Bopanna, issued a notice on a PIL by one Shubham Awasthi, seeking declaration that the practice of using barbaric means, including explosives to ward off wild animals as unconstitutional, illegal and violation of Articles 14, and 21 of the Constitution. The PIL petitioner has sought the issuance of guidelines for creation of Standard Operating Procedures to tackle such incidents and fulfilling the vacancies in Forest forces across the states and the UTs.
Besides the Centre, the PIL petitioner Awasthi has made Andhra Pradesh, Tamil Nadu, Kerala Karnataka, Odisha, West Bengal, Assam, Jharkhand, Chhattisgarh, Uttrakhand, Meghalaya, and Nagaland as respondents as these States have a large population of elephants.
Graft case hanging even after 5 years of SC’s order for expeditious disposal
The SC was perplexed to note its order five years ago in 2015 to a special CBI judge for expedite disposal of a graft case had no effect as even the charges have not been framed so far and the proceedings are still pending.
It, however, gave no relief to the petitioner by repeating the order once again to dispose of the case "as early as possible." The petitioner before the Bench of Justices Arun Mishra, S Abdul Nazeer and Ms Indira Banerjee was Rakesh Rastogi (57), who was arrested in 2010 as a conduit of suspended IAS officer, O Ravi, the joint secretary in the Ministry of home affairs, for keeping his money in the infamous Rs 340crore excise scam involving the distillers of the union territory of Daman and Diu.
He tried to get himself discharged in the CBI case since the agency has not yet filed the charge-sheet, but the Bombay HC last September rejected his petition, directing him to face trial and defend himself since he was apparently part of the conspiracy hatched to cheat the exchequer. His prayer in the SC was also to relieve him if the CBI were not able to even get the charges framed. The Court, however, dispose of his application, once again requesting the concerned court "to expedite the proceedings and dispose of the case as early as possible."
Rastogi is accused of being the "money-keeper" of the illgotten wealth of his IAS boss, charged by CBI of getting a Rs25 lakh bribe to get Daman administrator transferred to suit the racket run by 6 local distillers, including Royal, Jupiter, Krimpy, Silver Star and Dharmesh, to evade excise duty and VAT.
The SC on Friday refused to entertain a plea by parents from different states seeking deferment/moratorium on school fees for the Covid lockdown period and asked them to move high courts for relief.
It said it was a fact-intensive situation as problems in each state are different and observed that it would a stroke of genius if petitioners can solve everybody's problems. A bench of CJI Bobde and Justices R Subhash Reddy and A S Bopanna said: "Fee hike issue should have been raised before the state HCs. Why has it come to the SC? It’s a fact intensive situation.
“Problems in each state are different. Parties are involving jurisdiction of this court as an omnibus case. But these are fact intensive situations in each state and even each district." Advocates Balaji Srinivasan and Mayank Kshirsagar said the Punjab and Haryana HC has allowed schools to charge hiked fee.
The bench told the counsels, then the petitioners can file an appeal against order of Punjab and Haryana HC. "It would be a stroke of genius if you can solve everybody's problems," it said.
In another development, in a jolt to the Telangana govt, the Telangana HC temporarily stayed the demolition of existing secretariat building for construction of a new complex. As the demolition continued on the 4th day, a division bench passed interim orders staying the works till Monday.