GOVT WANTS REP IN SEARCH PANEL FOR JUDGES APPOINTMENT, MoP FINALISED

The government on Thursday said it has suggested to the Supreme Court that the search-cum-evaluation committee for the appointment of judges in the apex court and chief justices of high courts should consist of a representative nominated by the Centre.

In a written reply to two separate questions in the Rajya Sabha, Law Minister Kiren Rijiju also said the Centre has not asked the Supreme Court to include a government nominee in the collegium for appointments to the higher judiciary.

Rijiju said in a communication to the apex court January 6, the government has also emphasised the need to finalise the memorandum of procedure (MoP) in view of various judicial pronouncements. The MoP is a set of documents that guide the elevation, appointment and transfer of Supreme Court and high court judges.

The minister said for the appointment of judges in the high courts, the committee should consist of a representative each nominated by the Centre and the respective state governments. The search-cum-evaluation committees will be entrusted with preparing a panel of eligible candidates from which the respective collegiums will make the recommendations.

"This, along with other measures suggested, will pave the way for a more transparent, accountable and expeditious mechanism for appointment of judges to the constitutional courts (the Supreme Court and the 25 high courts)," Rijiju said.

UPROAR IN PARLIAMENT, OPPOSITION SEEKS JPC PROBE

The Hindenburg-Adani issue rocked Parliament with both Houses adjourned for the day without transacting any substantial business.

Leader of the Opposition in Rajya Sabha and Congress president Mallikarjun Kharge led the demand for the JPC or a Supreme Court-monitored probe, with the DMK, TMC, SP, JD(U), Shiv Sena (Uddhav), CPI(M), CPI, NCP, IUML, NC, AAP and Kerala Congress joining the issue. Rajya Sabha Chairman Jagdeep Dhankhar had earlier said the notices were not in order, but Opposition leaders vowed to keep raising the matter till they were allowed a discussion. Kharge later told reporters that nine party leaders, including him, had given notices for adjournment of proceedings in the Rajya Sabha to discuss the issue but the proposal was rejected by Dhankhar.

Derek O’Brien of the TMC said: “Opposition leaders are being continuously harassed for no reason by the ED and the CBI. Now, the government must take action against the perpetrators of this monumental scam and ensure that they do not flee the country. The hard-earned money of millions of Indians is in peril.”

Ram Gopal Yadav of the SP said the matter was very serious as “people were being sent home by the SBI in several districts, saying that there’s no money.”

The Opposition has been alleging that public money of the LIC and SBI invested in Adani firms is in danger of sinking.

AAP’s Sanjay Singh asked: “Why is the government silent on this mega scandal? Adani is the scandal kingpin and the treasurer of the BJP. He has formed shell companies abroad, overvalued his shares and looted people’s money.”

Meanwhile, Parliamentary Affairs Minister Pralhad Joshi said, “We have to run the House smoothly. A good Budget has been presented under the guidance of PM Modi. If they have constructive suggestions about the President’s Address, they should give. I urge them to run the House smoothly and put forth their arguments.”

CANADA, AUSTRALIA MUST CHECK EXTREMIST ACTIVITIES, SAYS MEA

India has asked both Canada and Australia to ensure that their territories are not used for activities that threaten the safety of Indians as well as the security and national interest of the country.

Ministry of External Affairs spokesperson Arindam Bagchi said on Thursday India condemned the recent incidents of vandalisation in Australia and had asked the Australian authorities to ensure that the Australian territory was not used for activities detrimental to Indian security, integrity and national interest.

Assurance about the safety and well-being of Indian nationals in Canada also came from Minister of State for External Affairs V Muraleedharan in the Rajya Sabha on Thursday in response to a question on instances of increasing hate crime and sectarian violence against Indians in Canada.

The minister said India regularly took up with Canada untoward incidents affecting the Indian community and requested it to bring the perpetrators to justice after carrying out a proper investigation. The MEA as well as the Indian mission and consulates in Canada had issued regular advisories asking Indian nationals residing there to exercise due caution and remain vigilant, he said.

The Indian mission in Australia has gone on record to state that “signals that extremist elements are stepping up their activities in Australia, actively aided and abetted by members of proscribed terrorist organisations such as the Sikhs for Justice (SFJ) and other inimical agencies from outside Australia, have been evident for some time. The tensions in Australia have been exacerbated by a tilt in reporting by an online portal set by Australians who had earlier held Indian nationality.

UK DEFENDS BBC’S INDEPENDENCE

The UK government has defended the BBC as a media outlet “independent in its output” in the wake of widespread Indian diaspora protests against the controversial documentary on Prime Minister Narendra Modi.

Addressing reporters at Downing Street on Wednesday, British Prime Minister Rishi Sunak’s spokesperson echoed a statement issued by Foreign Secretary James Cleverly in Parliament earlier this week to add that the government continues to invest in its relationship with India.

“The BBC is independent in its output and we would stress that we continue to regard India as an incredibly important international partner,” the spokesperson said in response to a question about India’s condemnation of the documentary ‘India: The Modi Question’ questioning the then Chief Minister’s role in the 2002 Godhra riots.

INTERNATIONAL AFFAIRS

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​US SAYS IT'S TRACKING CHINESE SPY BALLOON SURVEILLING "SENSITIVE SITES"

The Pentagon said Thursday that it was tracking a Chinese spy balloon flying high over the United States that appeared to be surveilling highly sensitive nuclear weapons sites.

At President Joe Biden's request, Defense Secretary Lloyd Austin and top military officials considered shooting the balloon down but decided doing so would endanger too many people on the ground, a senior defense official told reporters.

The official said the balloon flew over the US northwest where there are sensitive airbases and strategic missiles in silos underground. "Clearly, the intent of this balloon is for surveillance, and the current flight path does carry it over a number of sensitive sites," said an official.

But the Pentagon did not believe it constitutes a particularly dangerous intelligence threat. "We assess that this balloon has limited additive value from an intelligence collection perspective," the official said.

The balloon entered US airspace "a couple days ago," the official said, adding that US intelligence had been tracking it well before that.

IMF JUNKS PAK’S REVISED DEBT MGMT PLAN, CALLS IT ‘UNREALISTIC’

The IMF review mission has rejected Pakistan’s revised Circular Debt Management Plan (CDMP). It has called on the Pakistan government to increase the electricity tariff in the range of Pakistani Rupees (PKR) 11-12. 50 per unit to restrict the additional subsidy at Rs 335 billion for the current fiscal year.

The IMF review mission arrived in Islamabad on Monday and both sides will continue to hold talks to complete the pending ninth review under the $7 billion Extended Fund Facility. Circular debt occurs when one entity facing problems with its cash inflows does not make payments to its suppliers and creditors, according to the report.

The Pakistan government’s revised CDMP demonstrated that the government needed an additional subsidy of Rs 675 billion despite increasing the power tariff in the range of Rs 7 per unit through quarterly tariff adjustment in the first two quarters of 2023 and Rs 1. 6 for the third quarter.

PHILIPPINES GIVES US GREATER ACCESS TO ITS BASES

The Philippines has granted the United States greater access to its military bases, their defence chiefs said on Thursday, amid mounting concern over China’s increasing assertiveness in the disputed South China Sea and tension over self-ruled Taiwan.

The US would be given access to four more locations under the 2014 Enhanced Defence Cooperation Agreement (EDCA), US defence secretary Lloyd Austin and Philippines’ defence secretary Carlito Galvez said in a joint news conference at the Philippine military headquarters in Manila.

With the deal, Washington would stitch the gap in the arc of US alliances stretching from South Korea and Japan in the north to Australia in the south.

THE REST

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"WORLD BANK CAN'T INTERPRET IT FOR US": INDIA ON INDUS WATER TREATY

India on Thursday questioned the World Bank's decision to appoint a Court of Arbitration and a neutral expert under two separate processes to resolve differences between New Delhi and Islamabad over the Kishenganga and Ratle hydroelectric projects in Jammu and Kashmir.

Last week, India issued a notice to Pakistan seeking a review and modification of the 62-year-old Indus Waters Treaty (IWT) for management of cross-border rivers following Islamabad's "intransigence" in handling disputes.

"I do not think they (World Bank) are in a position to interpret the treaty for us. It is a treaty between our two countries and our assessment of the treaty is that there is a provision of graded approach," External Affairs Ministry Spokesperson Arindam Bagchi said.

India took the significant step of sending the notice to Pakistan conveying its intent to amend the treaty months after the World Bank announced appointing a neutral expert and a chair of Court of Arbitration to resolve the differences over the Kishenganga and Ratle hydroelectric projects.

NO ONE IS TAKING ACTION ON HATE SPEECH DESPITE OUR ORDERS, SAYS SC

The Supreme Court on Thursday lamented that nobody was taking action against hate speeches despite its orders, and observed that the top court will be left "embarrassed again and again" if it is asked to give further directions to curb such statements.

The court's strong observations were made by a bench comprising Justice K M Joseph, Justice Aniruddha Bose and Justice Hrishikesh Roy when a plea seeking to prohibit an event scheduled to be held on February 5 by the Hindu Jan Akrosh Morcha in Mumbai was mentioned for an urgent hearing.

The bench agreed to hear the plea on Friday subject to instructions and approval from Chief Justice D Y Chandrachud on the administrative side.

"We are with you on this, but understand that the Supreme Court cannot be triggered every time there is a rally notified. We have already passed an order which is clear enough. Just imagine rallies happening all across the country. Every time there will be an application before the Supreme Court. How can that be feasible?

"You ask us to be embarrassed again and again by getting an order. We have passed so many orders yet nobody is taking action. The Supreme Court should not be asked to pass an order on an event to event basis," it observed.

The observation came after a lawyer mentioned the matter, saying the issue needs urgent hearing against holding of the Mumbai rally. She submitted that a similar rally was organised a few days ago in which 10,000 people participated and allegedly gave a call to boycott Muslim communities economically and socially. On continuous persistence of the lawyer, the court asked her to serve a copy of the application to the counsel for Maharashtra.

TALIBAN WELCOME INDIAN BUDGET 2023, SAY GOOD FOR TIES

The Taliban on Thursday welcomed India's Union Budget 2023-2024, and said the aid announcement by India for Afghanistan would help to improve ties and trust between the two nations.

The Taliban's remarks came after Finance Minister Nirmala Sitharaman proposed a $25 million development aid package for Afghanistan in the Union Budget.

This is India's second year of support after the Taliban gained control of Afghanistan. The initial announcement was made in the budget last year.

When the Taliban seized power in Kabul in August 2021, relations between Afghanistan and India were strained, and most initiatives supported by India came to a halt.

"MY REGRET IS...": CHIDAMBARAM ON NEW VS OLD TAX REGIME

Congress leader P Chidambaram on Thursday said that in the "hullabaloo" over the old and the new tax regimes, the importance of personal savings in a developing country has been "jettisoned".

The former Union finance minister asserted that in the absence of a state-provided safety net for the vast majority of people, personal savings is the only social security.

The mystery of the New Tax Regime is unravelling, he said and pointed to the analysis and the tables in major newspapers on Thursday.

"If you are a taxpayer, don't rush to conclusions. Do your math, consult a chartered accountant," Mr Chidambaram said in a series of tweets.

ED CHARGESHEET IN DELHI EXCISE ‘SCAM’; KEJRIWAL CALLS IT FICTION

In its supplementary prosecution complaint filed over alleged irregularities in the Delhi excise policy case, the Enforcement Directorate (ED) has stated that Delhi Chief Minister Arvind Kejriwal allegedly spoke to one of the main accused, Sameer Mahendru, in a video call and asked him to continue working with co-accused Vijay Nair who he referred to as “his boy”.

Nair and Mahendru are in jail following their arrest in the case on September 28, 2022.

Speaking to reporters later, Kejriwal dismissed as “fiction” the allegation in the ED’s complaint, which is equivalent to a chargesheet. Nair was the AAP’s communications-in-charge at the time of the alleged irregularities in the excise policy, which was later scrapped.

The ED’s prosecution complaint also states that its investigation into alleged kickbacks of Rs 100 crore related to the excise policy “revealed that part of these funds were used in the election campaign of AAP for Goa Assembly elections 2022”.

Addressing a press conference, Kejriwal said, “In this (Central) Government’s tenure, ED must have filed 5,000 chargesheets so far. How many of those people have been convicted in those cases? All of ED’s cases are fake. They are used only to make and break governments. The ED does not file cases to end corruption but to help the Government break away and buy MLAs, help governments fall and form new governments. The ED chargesheet is fiction.”

NSE PUTS SOME ADANI FIRMS UNDER WATCH; RBI ASKS BANKS ON EXPOSURE

The National Stock Exchange (NSE) on Thursday (February 2) placed Adani Enterprises, Adani Ports, and Ambuja Cements under the additional surveillance mechanism (ASM), Reuters reported. This means trading in their shares will require a 100% margin, which is aimed at curbing speculation and shortselling.

The move comes as shares of Adani group companies continue to fall in the wake of accusations of stock manipulation and fraud levelled against the group by New York-based short seller Hindenburg Research.

According to a report by the AP, Adani company shares are still losing value. Shares in Adani Enterprises fell 27% on Thursday, while six other Adani companies fell 5%-10%. The cumulative rout in a week is now close to $108 billion — one of the biggest wipeouts in India’s history.

Gautam Adani’s personal fortune sank to $72 billion from $120 billion before the Hindenburg Research report came out, according to Bloomberg’s Billionaire Index.

The RBI on Thursday sought details from banks about their exposure to Adani group companies.

2 YRS ON, KERALA SCRIBE KAPPAN WALKS OUT OF JAIL

Kerala journalist Siddique Kappan walked out of jail on bail on Thursday, over two years after he was arrested for allegedly trying to instigate violence after the death of a woman at Hathras in UP.

The release came almost six weeks after the Allahabad High Court granted him bail in a money laundering case filed by the Enforcement Directorate. In September, the Supreme Court granted had him bail in another case under the Unlawful Activities (Prevention) Act (UAPA).

Kappan and three others were arrested in October 2020 while they were going to Hathras where a Dalit woman died allegedly after being raped.

MADRAS HC BAR MEMBERS OPPOSE BJP LEADER AS JUDGE

A section of the Madras high court Bar Association has opposed the Supreme Court collegium's recommendation to elevate advocate Lekshmana Chandra Victoria Gowri for judgeship at the Madras HC and demanded her recall.

In separate letters addressed to President Droupadi Murmu and the Supreme Court collegium, the group of advocates objected to the Collegium's recommendation saying her appointment would undermine the independence of the judiciary.

Gowri, by her own admission, is the general secretary of the Bharatiya Janata Party Mahila Morch, the memorandum signed by 22 lawyers.

'We write with a sense of foreboding, in these troubled times, when the judiciary is facing unprecedented and unwarranted criticism from the executive, as we are apprehensive that appointments such as these may pave the way for undermining the independence of the judiciary,' the memorandum said.

The Collegium, comprising Chief Justice D Y Chandrachud, Justices Sanjay Kishan Kaul and K M Joseph had on January 17 proposed the names of Gowri and four other lawyers for elevation to the high court.

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THOUGHT FOR THE DAY

If we listened to our intellect, we'd never have a love affair. We'd never have a friendship. We'd never go into business, because we'd be too cynical. You've got to jump off cliffs all the time and build your wings on the way down. - Annie Dillard

OFF TRACK

Lee goes to a psychiatrist and says, "Doctor, you've got to help me.  My wife is unfaithful to me.  Every Friday night, she goes to O'Malley's bar and picks up men.  In fact, she hangs out with anybody who asks her!  I'm going crazy. What do you think I should do?"

"Relax," says the doctor, "take a deep breath and calm down.  Now, tell me, where exactly is O'Malley's bar?"