Tag: Abhishek Singhvi

Congress Ups the Ante with Complaints of Violations of Model Code by BJP, Modi and Shah

The main opposition party alleged that speeches by Modi and Shah were ‘false, derogatory and vitriolic,’ part of a ‘pattern,’ yet EC had ‘not once since’ 2013 stepped in and enforced its mandate.

New Delhi: A delegation of Congress leaders met the Election Commission (EC) to complain about three major issues, yesterday, on Tuesday, November 28. One included “reiterating one of its earlier complaints against Prime Minister Narendra Modi and Union home minister Amit Shah for alleged violation of the Model Code of Conduct”, reports The Hindu.

The Indian Express reports that the Congress complaint termed the speeches by Modi and Shah as “false, derogatory and vitriolic”.

Senior advocate, MP and Congress Working Committee member Abhishek Singhvi told the media, “The first [of the three complaints was]…the Hon’ble Prime Minister talking in idiom and calling the opposition leaders Murkhon ka Sardar [leader of fools]. The second is the one which involves the home minister in which he has ascribed the ‘Rahu-Ketu’ syndrome to the leaders of the Congress party.”

The Congress said, “These provocative statements are being made deliberately as part of a consistent pattern of personal, unproven and baseless attacks made against the Gandhi family since 2013. Not once since then has the Hon’ble Commission stepped in to correct the discourse and take action against these offenders. It is high time that the Hon’ble Commission enforce its mandate against the individuals in question who are habitual offenders in this regard. No matter how high they may be, no individual is above the law in a democracy governed by the Constitution of India and the law must apply to all equally.”

EC Silence on complaints about Modi and Shah?

Complaints of the PM Narendra Modi allegedly defying norms and rules of the model code of conduct, by the opposition and not getting a response from the Election Commission were first remarked upon during the 2019 general elections. Referring to Congress president Rahul Gandhi’s decision to contest from Kerala’s Wayanad, Modi, in Wardha on April 1, 2019, had said the party is taking “refuge in areas where the majority is in minority”.

EC said there was “no such violation” of the code. There was also a storm over Modi in speeches on April 1 and April 9, 2019 in Maharashtra, where he was alleged to have made references to the defence forces when making an appeal for votes. But the EC found nothing wrong.

During the Karnataka state assembly elections in May, Modi said, “Chant ‘Jai Bajrang Bali’ while casting your votes.” He was also reported to have said, “Please cast your vote and do not forget to chant Jai Bajrang Bali when you exercise your franchise.” But the EC did not make any comments about the connection Modi drew.

Ashok Lavasa was the only member of the EC who in 2019, refused to give a clean chit to PM Modi and Amit Shah, in as many as five cases of alleged violations, as internal documents of the EC were reported upon by The Indian Express. He was, in an unprecedented move for a person set to be the next chief election commissioner, eased out shortly after the BJP’s re-election and Lavasa joined the Asian Development Bank. Subsequent deployment of central agencies was also deemed controversial.  

Congress’ fears over MP and Telangana

The alleged attempts at “tampering of postal ballots” by the District Electoral Officer in Balaghat in Madhya Pradesh was raised by the Congress delegation and they sought “immediate action” against the officials responsible. Singhvi said they had evidence, that “shows the District Election Officer tampering with postal ballots”. He said, after the meeting with the EC, “we raised the issue directly with the Election Commission as to who will guard the guardians? Who will guard the guardians, who will police the guardians?”

The video had been submitted to the EC. Madhya Pradesh Congress chief and former chief minister of Madhya Pradesh, Kamal Nath has also posted the video on his social media handle and questioned the neutrality of EC officials concerned.

The third complaint the Congress discussed was their apprehension that just ahead of the polling in Telangana, due on Thursday, the ruling Bharat Rashtra Samithi (BRS) may try to defy the ban on campaigning during the ‘silence period’ through other means. They urged the EC to ensure this does not happen.

Singhvi and former union minister Salman Khurshid went to the EC. Congress treasurer Ajay Maken and senior leader Dr. Ajoy Kumar joined the meeting online.

Anurag Thakur Raps Censor Board Officials for ‘Oppenheimer’ Clearance: Reports

There has also been social media commentary on the Board purportedly having added black CGI clothing on Florence Pugh’s body in a scene where he is allegedly naked in the original film.

New Delhi: Several news outlets have reported quoting sources that Union information and broadcasting minister Anurag Thakur has rapped censor board officials over clearance granted to Christopher Nolan’s film Oppenheimer, which has been the subject of criticism from certain quarters over an intimate scene involving a character reading out a Sanskrit text.

Thakur has, according to reports, sought an explanation from the Central Board of Film Certification – commonly referred to as the ‘censor board’ – as to why it allowed the film to be shown in its current form.

Indian Express quoted unnamed sources as having said that Thakur has even asked Board officials to get that scene removed. Action could even be taken against those who cleared the film.

The scene involves actors, Cillian Murphy and Florence Pugh, playing the ‘father of the atomic bomb’ J. Robert Oppenheimer and his lover Jean Tatlock, respectively. At a point, Tatlock’s character is shown to hold up a book with Sanskrit writing in it, and Oppenheimer is shown to read from it in an intimate scene. The book is purportedly the Bhagvad Gita, although this is not mentioned in the film.

There has also been social media commentary on the Board purportedly having added black CGI clothing on Florence Pugh’s body in a scene where she is allegedly naked in the original film.

Oppenheimer is one of the most hyped releases in Indian and global theatres this year and is reported to have raked in upwards of Rs 50 crores in the country already.

Among those who have raised public objections against the depiction are Chief Information Commissioner Uday Mahurkar and Congress leader Abhishek Manu Singhvi.

Mahurkar wrote an open letter to Nolan on behalf of his ‘Save Culture, Save India’ Foundation, in which he wrote, “We do not know the motivation and logic behind this unnecessary scene on life of a scientist. But this is a direct assault on religious beliefs of a billion tolerant Hindus, rather it amounts to waging a war on the Hindu community and almost appears to be part of a larger conspiracy by anti-Hindu forces.”

Singhvi said the scene could be violative of the Indian Penal Code.

“Believe in free speech but a scene in #Oppenheimer concerning #BhagwatGita is just ignorance esp with there being no historical evidence of it, maybe violative of IPC. Find Anurag Thakur’s concern funny as he should ask how it passed CBFC in the 1st place,” Singhvi had tweeted yesterday.

 

 

Watch | ‘Misuse of CBI, ED to Persecute Oppposition Violates Constitution’s Basic Structure’

Congress MP Abhishek Singhvi tells Karan Thapar that opposition parties should collectively file a case in the Supreme Court arguing that the misuse of central agencies to “harass opposition politicians” violates Article 14 of the constitution.

In an interview where he expands upon and explains in greater detail an idea he first proposed at the recent Congress Plenary Session in Raipur, Congress MP and lawyer Abhishek Manu Singhvi says that the misuse of the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) to persecute and harass opposition politicians violates Article 14 and its consequence is a breach of the basic structure of the Indian constitution. He says that the best response would be for opposition parties to collectively file a case in the Supreme Court. Singhvi also believes that the Supreme Court will accept the case – even though some people might argue it verges on the political and could be deemed to be a transgression by the Supreme Court into the realm of the executive – because as an Article 14 case, it concerns a fundamental right and also because the issue raised is the adverse impact on the level-playing field which is essential for democracy which is, of course, a part of the basic structure of the constitution.

In a 27-minute with Karan Thapar for The Wire, Singhvi clearly and carefully explained his argument. He argues that Article 14 is “the most dynamic of all articles in our constitution”. He says through case law over the last 75 years, its ambit has been expanded to include a non-arbitrariness facet and also a due-process facet. Now, as a result, Article 14 can be applied when you ask the question, “How fair is the law?” So, his first point is the manner in which the ambit of Article 14 has been expanded in the last 75 years.

 

His second point is to do with the impact and consequence of the actions taken by the CBI and ED against opposition politicians. He says their skewed and discriminatory application of laws has created a non-level playing field for democracy. The facts, he says, prove this – 95% of all cases filed against politicians are filed against opposition politicians. Now, since free and fair elections and, more importantly, democracy is undoubtedly part of the basic structure of our constitution, if action by the CBI and ED against opposition politicians creates a non-level playing field for democracy then, clearly, this action is adversely affecting the basic structure of the constitution.

So the action taken by the CBI and ED against opposition politicians can be questioned in terms of non-arbitrariness and due process (how fairly is the law being applied) and, therefore, Article 14 applies. Secondly, because the action by the CBI and ED creates a non-level playing field it damages democracy and, therefore, adversely affects the basic structure of our constitution.

The Congress MP also explains why it would be important for opposition parties to collectively raise this matter in the Supreme Court rather than individually. He explains why he thinks the opposition must today commit itself to a decision that whenever it forms a government at the Centre it will set up an inquiry panel to investigate misuse of government agencies like CBI and ED and ensure action is taken against officers who have allowed their powers to be misused.

Finally, Singhvi talks about the need for “a legal coalition” of opposition parties to defend their free speech in parliament. Here, he is not talking about a defence against the behaviour or decisions of the Lok Sabha speaker and Rajya Sabha chairman but the possibility of taking this matter to the Supreme Court. He believes arbitrary and unfair exercise of powers by the speaker or the chairman is judicially reviewable.

Last of all, Singhvi answers two questions: Does his party support and endorse his proposals? Has he got any indication from the opposition – parties or individuals – whether they will go along with his proposals?

‘Punitive’: Karnataka HC Sets Aside Lower Court’s Order to Block Congress Twitter Handles

The Congress agreed to remove the 45-second clip that used the copyrighted song from the hit Kannada movie ‘KGF Chapter 2’ before noon on Wednesday from all its social media accounts.

New Delhi: A division bench of the Karnataka high court has set aside an order of a designated economic court that ordered the blocking of two Twitter handles run by the Congress party for alleged copyright infringement, calling it “punitive action.”

The order is subject to the Congress party removing the content that was said to be a violation of copyright before noon on Wednesday. The handles that were ordered to be blocked were @INCIndia and @BharatJodo. The first account has 8.9 million followers while the latter has over 136,700 followers.

The Congress agreed to remove the 45-second clip that used the copyrighted song from the hit Kannada movie KGF Chapter 2 before noon on Wednesday from all its social media accounts.

The HC ordered the party to provide screenshots of the Twitter handle and the other social media accounts before the contentious material was removed. The HC ordered, “We are of the opinion that prayer deserves to be allowed to set aside impugned order, subject to appellant taking down offending material.”

The lower court had given the order on Monday in a suit filed by MRT Studios which claimed 45 seconds of its copyrighted music from the movie KGF Chapter 2 were used in a song for the Bharat Jodo Yatra by the Congress party.

The division bench of Justices G. Narendar and Justice P.N. Desai heard the petition by the Congress in an emergency hearing on Tuesday evening. Senior advocate Abhishek Singhvi argued the case for the party challenging the lower court’s Monday order.

Allowing the appeal, the HC said, “Appeal is allowed in part, subject to appellants (INC) removing it from their social media accounts. This order shall not come in the way of the plaintiff making any request to court to protect their copyrights.”

Before that, the senior advocate in his arguments pointed out that the commercial court had no urgent reason to pass the interim order and unless it is stayed, Twitter would take down two of the party’s accounts.

He submitted that the party was ready to take down the 45 seconds of the alleged clip which infringed on MRT’s copyright. To block Twitter accounts for the 45-second clip has ulterior motives, he told the court.

“Blocking Twitter handles will not help the respondents unless they have any ulterior motive,” he told the court.

The alleged infringed music clip was on the Twitter handle from October itself but the copyright owner filed the petition on November 2 which was heard on November 5 and the lower court gave the order on November 7. An ex-parte injunction was passed without issuing notice or recording reasons, he told the division bench.

The senior advocate also saw an “ulterior motive” in the action taken in the suit. “There is no commercial purpose in using the audio clip. A disproportionate order could not be passed by blocking the national party accounts and affecting my freedom of expression, even when the Bharat Jodo Yatra is ongoing,” he claimed.

The advocate for MRT Studios also made the submissions contending that the blocking order was right.

The HC however, noted that the Congress was agreeing that it had breached the copyright and was ready to remove the content from its Twitter handles and not to use it. “It is punitive action,” the HC said.

The court said that appointment of a commissioner to investigate the issue by the lower court was a premature act. “Once the mistake is admitted, where is the question of [an] investigation into it? If you have filed an FIR, where is the question of appointing a technical expert as commissioner? You want the commissioner to do the police’s job?” the court orally remarked.

As the counsel for MRT Music objected to the maintainability of the plea, the court said that it will hear their counsel on that issue on Wednesday. Accordingly, the court allowed the Congress party’s appeal in part, subject to Congress taking down the offending material.

(With PTI inputs) 

Sonia Gandhi to Remain Interim Prez Till ‘Proper Procedure’ to Elect Party Chief Is Implemented

Congress spokesperson Abhishek Singhvi said that while Gandhi’s tenure was coming to an end on August 10, it did not mean that the seat automatically fell vacant that day.

New Delhi: On Sunday, the Congress Party said Sonia Gandhi will continue as interim president till such time a “proper procedure” is implemented in the “not too distant future” to elect a party chief.

Congress spokesperson Abhishek Singhvi, during an online media briefing, said it was true that Sonia Gandhi’s tenure as interim chief comes to an end on August 10, one year after she assumed the post, but it did not mean that the seat automatically falls vacant that day.

“Sonia Gandhi is the president, she will continue till such time as a proper procedure is implemented and it will be implemented in the not too distant future,” he told reporters.

“Yes, her tenure comes to an end on August 10. But be rest assured that there is a process which goes through the CWC (Congress Working Committee). This will be followed in the near future and a result will emerge,” he said.

The procedure is written in the Congress’ constitution and the party is committed to follow it, Singhvi said, adding that it was being done and information will be shared on it soon.

When asked about the prevailing confusion over whether Sonia Gandhi’s term as interim Chief ends tomorrow, Singhvi said it is very clear that neither nature nor politics, nor political parties permit or tolerate a vacuum.

“Just like nature abhors a vacuum, political parties cannot function in a vacuum. It is true that the tenure is expiring tomorrow. There is a laid down procedure in the (party) constitution for elections. As you know it goes through the CWC etc.,” Singhvi said.

Also Read: ‘Congress’s Open Support for Ram Temple Has Left Some Party Members Unhappy’

“Now, in the meanwhile, if anybody is suggesting that the Congress will become headless on the stroke of midnight on August 10 you have to only ask yourself, is it possible, is that a fair interpretation of any constitution that on August 10 suddenly the seat becomes vacant,” he said.

Sonia Gandhi had taken over as interim chief on August 10 last year after Rahul Gandhi resigned taking responsibility for the party’s debacle in the Lok Sabha election. While there have been growing calls within the party for Rahul Gandhi to come back as party Chief, he seems to be unrelenting and has been sticking to his decision.

Several leaders have also voiced their opinions both on record and in private that the party needs to solve the leadership conundrum to take on the BJP more energetically.

In Madhya Pradesh, Jyotiraditya Scindia revolted against the party and crossed over to the BJP, bringing down the Congress government in the state.

In Rajasthan, the Congress government is on tenterhooks with Sachin Pilot declaring open rebellion against the Ashok Gehlot government. The fight has even gone to courts now and chances of reconciliation between the two sides are slim.

Close on the heels of the Rajasthan and Madhya Pradesh crises, the Congress on Friday witnessed a fresh front opening in Punjab with the party’s warring factions in the state seeking each other’s removal.

Rajya Sabha MPs Partap Singh Bajwa and Shamsher Singh Dullo openly attacked the Chief Minister Amarinder Singh-led Punjab government. The state Congress unit on Friday wrote to the Central High Command recommending the duo’s expulsion for anti-party activities.

Meanwhile, on Sunday, senior Congress leader Shashi Tharoor said that the Congress must expedite the process of finding a full-term president to arrest the growing public perception that the party is “adrift and rudderless”.

Tharoor also said that he certainly thinks Rahul Gandhi has the “mettle, capability and aptitude to once again lead the party”, but if he does not wish to do so then the party must “take action” to elect a new chief.

‘PM Modi’s Address Hollow, No Mention of Financial Package’: Congress

Congress spokesperson Abhishek Singhvi said the PM’s address was like Hamlet without the Prince of Denmark.

New Delhi: The Congress on Tuesday termed as rhetoric and hollow on specifics the prime minister’s address to the nation, saying there was no mention of a financial package or concrete steps to revive the economy.

Senior Congress leader P. Chidambaram said, “The poor have been left to fend for themselves for 21+19 days, including practically soliciting food. There is money, there is food, but the government will not release either money or food. Cry, my beloved country,” he said on Twitter.

Also read: National Lockdown to Run Till May 3, Relaxations Possible From April 20: Narendra Modi

Prime Minister Narendra Modi on Tuesday announced that the lockdown across the country will be extended till May 3 to fight the coronavirus pandemic, saying the measure has produced a significant outcome in containing the infection.

Congress spokesperson Abhishek Singhvi said the PM’s address was like Hamlet without the Prince of Denmark.

“Amazing PM address. Exhortation, rhetoric, inspiration…..yet hollow on specifics! No financial package, no details, no concrete item. Neither for poor nor middle class nor industry nor businesses. Lockdown is good but cannot end in itself! Where is the single livelihood issue,” he asked.

He said the PM be assured that all stakeholders will do their duties and will strictly observe lockdown.

“After this: should we pray? We want concrete palliatives for these deprived classes and even for middle India and MSMEs,” he said.

Congress Slams ‘Thoughtless’ Lockdown, Links It to Demonetisation

The party also accused the government of playing politics in issuing passes to Congress workers who want to extend help to the poor and migrant people in distress due to the lockdown.

New Delhi: The Congress on Sunday slammed the lack of preparedness by the Modi government before announcing the “thoughtless” lockdown to curb the coronavirus outbreak, alleging it was making “hasty” decisions in the same manner as it did during the 2017 demonetisation exercise.

“Unfortunately, history is repeating itself today,” Congress spokesperson Abhishek Singhvi said.

“The lockout was announced in the same way as the hasty demonetisation was done. Please do not make such decisions,” he said at a press briefing via a video link, referring to the mass exodus of migrant labourers being reported from several parts of the country, including Delhi.

However, senior Congress leader Anand Sharma said India must remain strong and united in the fight against the virus and it’s everyone’s “national duty” to stand behind Prime Minister Narendra Modi.

Endorsing Congress president Sonia Gandhi’s call to rise above sectarian divisions, Sharma said, “Our response must be national and uniform not a fragmented one”.

“PM Shri Narendra Modi leads the national campaign and chief ministers are the commanders in states. Supporting their effort is a national duty,” he tweeted.

But Sharma too raised the issue of lack of preparedness and the exodus of migrant labourers.

“The fight against COVID19 is a national challenge. It is a matter of concern that central and state administration was not fully prepared to sensitively deal with the fallout of closure of businesses and the forced movement of migrant workers following the loss of work and wages,” he said.

Also read: Economic Consequences of Lockdown Will Only Increase Death Toll: Rahul Gandhi

Sharma called for providing urgent relief, food and shelter to the labourers, adding it was “heart-rending to see our citizens suffer”. “Each one of us should help and contribute to the best of our ability.”

At the press briefing, Singhvi asked what was the rationale for social distancing when millions of people were on the streets. “Should we not have prepared for this contingency in advance and it is not as if it could not be seen,” he asked.

On March 19, the prime minister announced a ‘Janta curfew’ but no announcement was made for the next four days, he said.

“If you could give four days notice to applaud the Covid warriors, what was lacking that you could not give (more than three-hour) notice for the national lockdown,” he asked.

“There was no harmony and suddenly a thoughtless lockdown was announced,” Singh said.

He said though the party stands by “all positive efforts”, it would be failing in its duty if it did not bring “some terrible, avoidable, indeed unpardonable mistakes” of this government.

“…I am forced to say that unpreparedness has become the byword and the buzzword of this government and unpreparedness has cost us dear,” he said.

Singhvi also accused the government of playing politics in issuing passes to Congress workers who want to extend help to the poor and migrant people in distress due to the lockdown.

He also said that if the government can bring Indians from abroad, a decision his party supports, why could not it help those on the roads, “they are Indians and you cannot have a complete absence of schemes for a particular class…”

Bhima Koregaon: SC Extends Interim Protection From Arrest to Navlakha, Teltumbde

Last month, the Bombay high court had rejected their anticipatory bail pleas.

New Delhi: The Supreme Court Friday extended till March 16 protection from arrest granted to civil rights activist Gautam Navlakha and Anand Teltumbde in the Bhima Koregaon case.

A bench of Justices Arun Mishra and Indira Banerjee said it would hear on March 16 the appeals filed by Navlakha and Teltumbde against the last month’s order of the Bombay High Court rejecting their anticipatory bail pleas.

The high court, while denying the anticipatory bail to Navlakha and Teltumbde on February 14, had extended the interim protection from arrest for a period of four weeks to enable them to approach the apex court.

Appearing for the activists, senior advocates Kapil Sibal and Abhishek Singhvi informed the bench that protection granted to both of them by the high court would expire on March 14 and the top court should extend it.

The Bombay High Court had on February 14 refused to grant anticipatory bail to Navlakha and Teltumbde, saying “prima facie evidence shows complicity of both the accused in the case”.

Also Read: Bhima Koregaon: Amid Demands For Fresh Probe, A Hard Look at the Case’s Discrepancies

The court, after perusing letters allegedly exchanged between the accused persons had noted that Navlakha, Teltumbde and the other accused persons like Surendra Gadling, Rona Wilson, and Sudha Bharadwaj had direct access and connections with central committee members and leaders of CPI (Maoist).

“It was revealed during the course of (the) investigation that Anand Teltumbde was (the) recipient of funds from the banned terrorist organisation,” the court had said.

Navlakha, Teltumbde and several other activists have been booked by the Pune Police for their alleged Maoist links and several other charges following the violence at Koregaon Bhima village in Pune district on January 1, 2018.

According to Pune Police, “inflammatory” speeches and “provocative” statements made at the Elgar Parishad conclave held in Pune on December 31, 2017, had triggered caste violence at Koregaon Bhima the next day. The police alleged that the conclave was backed by Maoists.

Teltumbde and Navlakha had approached the high court seeking pre-arrest bail in November last year after a sessions court in Pune rejected their pleas.

In December last year, the high court had granted them interim protection from arrest pending disposal of their anticipatory bail pleas.

Although Pune Police was investigating the case, the Centre had last month transferred the probe to the National Investigation Agency (NIA).

SC’s Autonomy Compromised Under CJI Gogoi But Not Under CJI Bobde So Far: Abhishek Singhvi

In his nearly 50-minute interview to Karan Thapar for The Wire, the Supreme Court lawyer sheds light on the legal state of things.

The Supreme Court, under the previous regime (i.e. under former Chief Justice of India Ranjan Gogoi) compromised it’s independence and fearlessness, but so far, the court under current CJI S.A. Bobde seems different, Abhishek Singhvi tells Karan Thapar, in an exclusive interview for The Wire.

One of the most successful and highly paid Supreme Court lawyers, Abhishek Singhvi says that the Supreme Court under its previous CJI, Ranjan Gogoi, had compromised its essential qualities associated with independence.

He says the Supreme Court, in matters where there are great stakes involved, has shown a reluctance to act against the government. Two examples where this was most apparent are the constitutional cases regarding the reading down of Article 370, which have been repeatedly deferred, and the many habeas corpus petitions which have also not been taken up.

He says:

“When it appears that the government has erred, the Court has shown a pattern of deferring, adjourning and otherwise leaving the issue aside until it has lost the importance it had.”

In his nearly 50-minute interview to Karan Thapar for The Wire, to mark the launch of his book From the Trenches, Singhvi says:

“My fear is that the judiciary has lost some of its independence and the fearlessness that it needs to check the executive and the legislature.”

However, he says that under the present Chief Justice, S.A. Bobde, things seem different.

When questioned about the present Chief Justice’s delay in taking up the Citizenship Amendment Act cases and the fact that at one point Chief Justice Bobde said he would only do so after the protests end, Singhvi said that the delay was not excessive and the Chief Justice’s comment was either made in a different context or misunderstood.

In a discussion about Justice Arun Mishra, who has called the Prime Minister a “versatile genius” and an “internationally acclaimed visionary”, Singhvi told The Wire that this was inappropriate and it should not have been said.

At one point in the interview Singhvi seemed to suggest that Justice Mishra might have made his comments without realising their full import. He also said that he believed Justice Mishra probably regrets his comments even though he has not said so.

In the interview to The Wire, Abhishek Singhvi also criticised the enormous workload high court judges have to handle which leads to both delays in giving judgment as well as impacting the judicial quality of the verdict.

In particular, judges have a tendency “to decide hard questions by adjourning them”. This not only means that they kick the can down the road but often allow the outcome to be determined by a fait accompli.

“It requires a super human effort for a judge to keep track of so many hundreds of matters a week, to remember the facts, to hear arguments and ultimately to write a well-thought-out, reasoned order which balances the rights and does justice.”

Speaking to The Wire about the trial court level, Singhvi said, “the quality of trial judges is generally poor”.

He pointed out that this meant that at the first point of contact with the judicial system Indian citizens cannot be certain of getting justice.

Singhvi’s overall conclusion is that “our Court system is not in good health”.

The above is a paraphrased precis of Abhishek Singhvi’s interview. Please see the full interview for accurate details.

Congress Moves NHRC Over ‘Police Atrocities’ on Anti-CAA Protesters in UP

Rahul Gandhi alleged the UP government has “gone to war against its own people” and urged the NHRC to act decisively.

New Delhi: The Congress on Monday moved the National Human Rights Commission demanding action against alleged police atrocities on anti-Citizenship (Amendment) Act (CAA) protesters in Uttar Pradesh, claiming that victims have been made accused in case-related FIRs and no police officer has been named.

The delegation, led by senior Congress leaders Rahul Gandhi and Priyanka Gandhi Vadra, met top NHRC officials and made a “detailed” 31-page representation which included videos and photographs as “evidence” of alleged atrocities and human rights violations in the state.

After the meeting, Rahul Gandhi alleged the UP government has “gone to war against its own people” and urged the NHRC to act decisively to protect the “constitutional rights of our citizens”.

“A delegation of Congress leaders presented the NHRC with evidence of the atrocities against the citizens of UP by the State Govt., which has gone to war against its own people. The NHRC must act decisively to protect the idea of India & the constitutional rights of our citizens,” he said in a tweet.

Priyanka Gandhi said the Congress leaders led By Rahul Gandhi filed a complaint with the National Human Rights Commission and demanded an impartial inquiry into the barbaric and unconstitutional acts by the UP Police against people.

“BHU students were threatened with destruction of their careers, excesses and repression targeting common people, killings of innocents — justice is required in all these cases through an impartial investigation,” she said in a tweet in Hindi.

During the meeting with NHRC officials, Rahul Gandhi alleged that there is a systematic process being put in place across the country and “police mitras” were being inducted to brutalise the people.

What is taking place is against the idea of India and the Constitution of the country, he said.

“We cannot become a country where the leadership brutalises its own people. You (NHRC) are the appropriate institution to safeguard human rights. NHRC is defending the idea of India and everything that has been promised by our Constitution,” Gandhi was quoted as saying by sources.

If NHRC goes into details of what is submitted, it will be convinced that something terribly wrong has happened in Uttar Pradesh, he said during the meeting.

The party also submitted a memorandum to the NHRC in which it has alleged that the BJP government in the state “treats its own citizens like criminals”.

“Given the role of a reckless state government that views the law and the Constitution as mere inconveniences, treats its own citizens like criminals and wears its hostility towards ordinary citizens as a badge of pride, the duty of institutions such as the NHRC to act as checks and balances and to embody and protect the values enshrined in the Constitution of India becomes paramount,” the Congress memorandum said.

It further said the NHRC has a “glorious history” of addressing injustices when all other institutions have fallen short. “We hope and expect that this instance will not be an exception to that legacy.”

After the meeting, Congress leader Abhishek Singhvi told reporters, “In Uttar Pradesh, there have been gross human rights violations. We have submitted videos and photos to the NHRC.”

“It has been found that there has been a failure to lodge FIRs. Not a single police officer (has been) named as accused. There have been numerous FIRs against protesters in which victims have become accused,” he alleged.

Singhvi said the Congress has given detailed facts including on “deaths of 23” people and also details on how they were killed “as some were shot in the chest”.

“We showed videos of BJP and RSS people recruited as police mitras who were unleashed on people. Notices were given to people by administration threatening them against joining protests,” he alleged.

“We ended by showing a video where we showed the face of the person who was recruited as (police mitra), as Priyanka Ji told the Commission…the condition for becoming a ‘Police Mitra’ is a height of 5′ 10” and an association, membership or office-bearers of the RSS. Well, we showed an actual video, with an example,” Singhvi said.

The memorandum submitted by the Congress said photos and videos uploaded by witnesses, ground reports and other “unbiased” media reports show police firing and mercilessly beating of the protesters, in some cases even minors.

“They are also seen destroying public and private property. The fact that such actions were neither punished nor even taken cognizance of by the state government points towards one of only two possibilities – either the police and state government were working in connivance with each other or such actions were ignored by the state government in order to curb the protests,” the memorandum said.

“Both conclusions are disturbing and directly offensive of the Rule of Law and the fundamental rights guaranteed by the Constitution,” it added.

The leaders who met the NHRC officials included Mohsina Kidwai, Salman Khurshid, P L Punia, Jitin Prasada, Rajiv Shukla and UP Congress chief Ajay Kumar Lallu.

The Congress leaders demanded a thorough probe into the deaths that took place in the state during violent protests against CAA.