Annual Report

ANNUAL REPORT FOR THE YEAR 2020-2021

The year 2021 witnessed waves of Covid-19 pandemic devastating lives and livelihoods. An overwhelmed healthcare system all but caved in as the outbreak led to a series of lockdowns. While the better off were able to work remotely and isolate themselves, the poorer people took the harshest blow losing their jobs and exposing themselves to the disease while going out to work, or to look for work, or by migrating long distances. As an organisation not working directly with the people, Common Cause tried to help in whatever way possible. The staff donated several days’ wages and the organisation contributed for relief out of its already stretched resources to the Ramakrishna Mission hospitals.

The team also devoted the second volume of the Status of Policing in India Report (SPIR) to studying the impact of the pandemic on policing. Volume one of the SPIR 2020-21 was on Policing in Conflict-Affected Regions. Two surveys were conducted instead of one as originally planned despite lockdowns and the fear of the disease. This was done when a safe window emerged fortuitously between the two waves of the pandemic. Common Cause team also conducted a third study in a row, a Rapid Study on policing, based on the opinions of the migrant and aid workers about the conduct of the police forces during the pandemic. All reports are in the public domain.

Common Cause Journal, our link with our members, overcame severe logistical challenges this year by mostly publishing digital copies. It continues to cover issues relevant to our members and the wider public in the spirit of championing public causes. Throughout the year, the two SPIR studies brought out this year were distributed or digitally shared with serving police officers and district judges, DGPs of all states, and all High Court libraries, aside from law colleges and universities.

Advocacy and Research Initiatives

(a) Police Reforms

Status of Policing in India Report (SPIR 2020-21): Common Cause, and the Lokniti team of the Centre for Study of Developing Societies (CSDS) released the SPIR 2020-21 (Volume I) titled ‘Policing in ConflictAffected Regions’ in an online event on April 19, 2021. This was followed by the release of SPIR 2020- 2021 (Volume II), Policing in the Covid-19 Pandemic, at a virtual event on August 16, 2021. Justices

(Retired) Madan B Lokur and Deepak Gupta were the keynote speakers at the two events which also held wellattended panel discussions. The participants included senior bureaucrats and lawyers, academics, journalists, retired and serving police officers as well as students. The SPIR volumes also attracted impressive media coverage.

Rapid Study on Policing during the Pandemic:

In the thick of the migrant crisis, Common Cause team conducted a (third) Rapid Study on policing during the pandemic, titled ‘Police Response to the Pandemic: A Rapid Survey of Migrant and Aid Workers.’ The study was based on telephonic surveys conducted in-house by the Common Cause team with the two different groups. The first group comprised migrant workers who either travelled back to their home towns or villages during the pandemic or had some form of contact with the police during the pandemic. The second group featured aid workers who were providing relief and assistance to the vulnerable communities during the nationwide lockdown. A sample of 100 migrant workers and 114 aid workers from the states of Delhi-NCR, Rajasthan and Gujarat were surveyed in the month of September 2020.

The report can be downloaded from the following link: https://bit.ly/3D7JqF4.

(b) India Justice Report 2020

The second edition of India Justice Report (IJR), a data-driven initiative ranking individual Indian states in relation to their capacity to deliver access to justice, was released on January 28, 2021. Common Cause, along with the Commonwealth Human Rights Initiative (CHRI), Centre for Social Justice, DAKSH, Tata Institute of Social Sciences-Prayas, and Vidhi Centre for Legal Policy are the key collaborators in this Tata Trusts initiative. Owing to the ongoing Covid-19 pandemic, the report was launched at an online event in the presence of Dr. Rajiv Kumar, Vice Chairman, NITI Aayog, Justice (Retd.) Madan B Lokur and other dignitaries.

The India Justice Report uses data obtained from government organisations to construct nearly 78 indicators, measuring the structural capacities of Police, Judiciary, Prisons, and Legal aid- the four pillars of the justice system. Its maiden edition, ‘India Justice Report 2019’ was launched in November 2019. The latest report, IJR 2020, uses the same methodology to rank individual states.

For the forthcoming report in the IJR series, several rounds of discussions have been held, both with the steering group members as well as with the organisations working on different aspects of the report. For the police pillar, several meetings were held with external experts, such as Prof Arvind Verma, former IPS and Professor, Indiana University. The police group of the IJR team also had a meeting with Mr Nandkumar Sarvade, a former IPS officer to discuss the indicators related to technology and policing.

(c) Webinars, Podcasts, Discussions on Policing and the Rule of Law:

Foundation for Democratic Reforms conference on ‘Indian Democracy at Work’ on February 20, 2021— organised by FDR, a think tank led by Dr Jayprakash Narain, in collaboration with the Bharti Institute of Public Policy, Indian School of Business (ISB), and the Department of Political Science, University of Hyderabad (UoH). It brought together judicial and legal experts, police officers, academicians, civil society organisations, media, and the general public to discuss the state of the rule of law in India, the way it works, the challenges it faces, and the practical ways to make our institutions deliver better results. Common Cause Director Dr Vipul Mudgal made a presentation on ‘Addressing Challenges of Modern Policing.’

Guru Gobind Singh Indraprastha University and Amity University lectures on police reforms and SPIR on March 17 and 24 on aspects of media, policing and the rule of law: Common Cause Director Dr Vipul Mudgal was invited to interact with the students and faculty members of the two universities. The Amity lecture was part of the faculty development programme and was attended by the social sciences department faculty members and research scholars on Media, Democracy and the Rule of Law, with a special focus on the post-pandemic scenario. The latest SPIR on Policing in the Covid-19 Pandemic’ was the focus of the two presentations.

‘Media, Governance and Rule of Law’ presentation on April 6, 2021, for Bihar Administrative Services officials by Common Cause Director Dr Vipul Mudgal organised by the Bihar Institute of Public Administration and Rural Development, Patna, in collaboration with the School of Journalism and Mass Communications, Patna. The webinar was also attended by the probationers of the Bihar Administrative Services.

‘Reporting on Justice Institutions’ Collaborative workshop with 101 reporters, a network of all India free-lance journalists on May 16-17, 2021: Common Cause Director Dr Vipul Mudgal addressed a session on India Justice Repot and the SPIR followed by Q&A. The other partners at the event were DAKSH, CHRI, Vidhi and several leading advocates, journalists and retired police officers.

Conference on ‘State Capacity of Odisha’s Justice System,’ July 24, 2021: The National Law University, Odisha, in collaboration with the India Justice Report team, organised a conference on ‘State capacity of Odisha’s justice system.’ The e-conference was held on July 24, 2021, with a keynote address by Justice S Muralidhar. Dr Vipul Mudgal and Radhika Jha of Common Cause gave a presentation on the state of policing in Odisha, using evidence from the IJR as well as the SPIR series. The event was attended by law students and academics.

IPF Foundation Day Lecture: September 22 & September 23, 2021: Common Cause joined the Indian Police Foundation (IPF) and We Log in organising the IPF Foundation Day Lecture– 2021 on September 22 and 23, 2021. The first day of the online event featured the Police Dialogue Series, themed on ‘Generating Public Awareness and a Groundswell of Public Demand for Police Reform.’ Panellists included Mr Prakash Singh, Chairman IPF, Mr Raghu Raman, Member Executive Committee, IPF and Dr Vipul Mudgal, Director, Common Cause. The session was steered by Ms Faye D’ Souza, senior journalist. The second day of the event, September 23, 2021, featured the 7th IPF Foundation Day Lecture by the Chief Guest, Justice Kurian Joseph, former judge of the Supreme Court of India. The event can be watched here: https://bit.ly/3Du9HOc

Webinar on Police Reforms: Promoting Effectiveness and Accountability, September 24, 2021: Common Cause participated in the webinar ‘Police Reforms: Promoting Effectiveness and Accountability,’ organised by Synergia Foundation, an independent and strategic think tank, on September 24, 2021. The webinar was held in the backdrop of minimal changes in the nation’s policing framework in more than 150 years. Mr Prakash Singh, Dr Meeran Borwankar, Dr Vipul Mudgal, and Prof Arvind Verma participated in the discussion.

Panel Discussion on Citizen-Police Interaction and Policing in the Pandemic, October 30, 2021: The editorial board of the Rajiv Gandhi National University of Law (RGNUL) Student Research Review (RSRR), in partnership with Common Cause, organised a panel discussion on October 30, 2021. Titled ‘Citizen - Police Interaction and Policing in the Pandemic,’ the discussion highlighted the potential short and longterm effects of the pandemic and public health emergencies on policing organisations and their officers. Mr N Ramachandran, President and Founder, IPF, Dr Ruchi Sinha, Associate Professor, Tata Institute of Social Sciences (TISS) and Dr Vipul Mudgal were panellists at the event. Radhika Jha of Common Cause presented the key findings of the SPIR 2020-2021 (Volume II).

The Institutional Culture within the Police and the Need for Police Reforms, November 2021: Common Cause Director Dr Vipul Mudgal featured in a podcast on the institutional culture within the police and the need for police reforms. The hour-long and free-flowing conversation was recorded in November 2021 by DAKSH, a Bangalore-based organisation specialising on access to justice for their podcast series on access to justice.

National Convention of Human Rights Defenders, December 25, 2021: Common Cause Director Dr Vipul Mudgal was a plenary session speaker at the event organised jointly by the Human Rights FrontIndia, RTI Revolutionary Group and National Federation of Societies for Fast Justice.

(d) Common Cause Journal

As lockdowns continued intermittently through a large part of 2021, Common Cause Journal had to be brought out mostly in the digital format. The online format of the journal has allowed us to devote more pages to the issues of concern to our public-spirited members which we could not earlier afford in the printed version. The journal still continues to further a public discourse on areas of the rule of law, governance, environment and human development. It also informs our members and well-wishers about the activities, research and advocacy initiatives undertaken by the organisation. All issues of the eponymous Common Cause journal are in the public domain and can be freely downloaded from our website.

(e) Initiatives on the Right to Education

Making the Right to Education Act a Reality: Susmita Saha from Common Cause conducted two virtual storytelling sessions in collaboration with civil society coalition RTE Forum for adolescent girls from the Bundelkhand region of UP on January 18, 2021. She also represented Common Cause at several webinars on issues faced by vulnerable children during the pandemic, including those organised by Save the Children and other child rights organisations. Common Cause team continues to remain connected with civil society organisations working on the Right to Education. Earlier, Common Cause had launched its Hindi booklet ‘Humara School, Humari Rakhwali,’ in July 2018, seeking to arm members of the School Management Committees (SMCs) with statutory information to monitor school functioning, particularly in slums and urban villages. The pandemic related restrictions continue to be in place for elementary education, and are thus preventing us from visiting schools physically and distributing our SMC booklets.

(f) Recent RTI Applications Filed

SPIR 2022: Common Cause has filed an RTI application in December 2021, before the Public Information Officer, Public Works Department, Govt. of NCT of Delhi to seek information on the number of CCTV cameras installed in public places across the Capital. Information has also been sought on various other aspects of CCTV surveillance in Delhi.

We have also filed an RTI 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.

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.

(g) Miscellaneous Representations, Comments or Suggestions

The following representations, comments or suggestions were made during the year by Common Cause to government authorities regarding issues of pressing public concerns:

Comments/Suggestions on the Draft Minerals (Evidence of Mineral Contents) Amendment Rules, 2021: 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 sent its comments on February 24, 2021, in reference to notices under the Pre-Legislative Consultation Policy (PLCP) 2014. Comments/suggestions were sought on the draft Mineral (Auction) Second Amendment Rules, 2021 and the draft Minerals (Evidence of Mineral Contents) Amendment Rules, 2021. The crux of our submissions was that the citizens, especially the future generations of the mineral-bearing states, and their interests, among other things, have not been considered in these proposals.

Suggestions and Comments on Digital Courts Vision & Roadmap Phase III of the eCourts Project:

On April 23, 2021, Common Cause sent a representation to the e-Committee of the Supreme Court of India, in response to the Digital Courts Vision & Roadmap Phase III of the eCourts Project. We took a strong exception to the project’s lax timelines and stressed that it requires firm deadlines with accountability, ascertainment of liability and penalty. We emphasised that the 2014 Action Plan for Phase II outlined the project period to be three years with provisioning of additional support for sustenance after this period. However, in August 2015, the budget approval document for Phase II set the timeline for completion at “four years, or until the project is completed, whichever is later.” This is already greater than the duration (two years) envisaged for the second phase completion. It widens the timeline for implementation indefinitely, making it practically impossible to pin accountability. We recommended seeking the assistance of the Indian private sector tech-giants for effective and timely implementation of targets.

Suggestions for Prioritising Access to COVID-19 Vaccines for Persons with Disabilities (PwD): On June1, 2021, Common Cause sent representations for prioritising vaccine access for PwD to the then Health Minister, Dr Harsh Vardhan, as well as all the states and the Government of NCT of Delhi. We urged the authorities to immediately take all measures to ensure prioritisation of vaccination for PwD, who continue to face exclusion, discrimination, and neglect. Some of our suggestions included giving priority access to vaccinations to PwD, along with personal assistants, family care-givers, and persons working in disability-related services.

Suggestions and Comments on the Proposed Amendments to Consumer Protection (E-Commerce) Rules, 2020: On July 18, 2021, Common Cause, in response to the proposed amendments to the Consumer Protection (E-Commerce) Rules, 2020, sent across a battery of comments and suggestions to the Joint Secretary, Department of Consumer Affairs. It noted, in its representation, that some of the proposed amendments seem to regulate areas that are already regulated by other rules such as the FDI Policy, Competition Act, and data protection regulations. In this context, we underlined that Section 100 of the Consumer Protection Act, 2019, which provides that the provisions of the Act (which would include the Rules made thereunder), should be in addition to, and not in derogation of, the provisions of any other law in force for the time being.

We also pointed out that the rules impose greater duties and compliance obligations on e-commerce retailers, similar to the compliances seen in the recent Intermediary Guidelines under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The problem with the current rules, as proposed, is that smaller e-commerce retailers/startups will be unnecessarily burdened, as fulfilling such compliances may not be affordable for them, thus forcing them to leave the market. These compliance requirements are also at odds with the Startup India Initiative and with the ease of doing business.

Reminder Letter for Initiation of Action Against Iron Ore Mining Companies: In August, 2021, Common Cause sent a reminder letter for initiation of action against mining companies due to their noncompliance of the legal mandate of Rule-12A of Mineral Concession Rules, 2016 and Mine Development and Production Agreements. Their non-compliance translates as not maintaining such level of production of iron ore so as to ensure minimum dispatch of 80% of the average annual production of two immediately preceding years. This reminder letter is a follow-up to our representation, dated 08.12.2020, on similar issues concerning iron ore mining in Odisha.

Suggestions/Feedback on the Draft Approach Paper for Creating a Digital Address Code for Each Address in the Country: Common Cause sent its submissions on the Draft Approach Paper for creating a Digital Address Code (DAC) for each address in the country on November 20, 2021. Our specific suggestions included drawing up proper definitions of personal and non-personal data under the DAC, following wide consultations with the public as well as experts to define specific use cases for data collected through DAC. The government must also ensure a public consultation to define specific use cases for the use and processing of data collected under the DAC database. This would include a ban on unregulated use of DAC data by both private actors and government bodies. In addition, we suggested that all recommendations must be available in the public domain.

(h) Miscellaneous webinars/ Online Consultations/ Workshops ‘Technology, New Forms of Employment & Future of Work’: February 8-11, 2021

Shambhu Ghatak of Common Cause received a Certificate of Participation for attending the course ‘Technology, New Forms of Employment & Future of Work,’ organised by VV Giri National Labour Institute.

An Introduction to Climate Change: May 17-28, 2021

Shambhu Ghatak and Susmita Saha of Common Cause attended and completed the online course on climate change organised by the Centre for Science and Environment.

Annual National Convention 2021 on Judicial Reforms: July 10-11, 2021

Common Cause Director Dr Vipul Mudgal was a speaker on Electoral Reforms on the second day of the online Convention along with Mr Rajiv Lochan Mehrotra, Former Judge, Allahabad High Court, Mr Shailesh Gandhi, Former Central Information Commissioner, Mr Rahul Singh, Information Commissioner, Madhya Pradesh, and Mr Jagdeep Chhokar, Founder President of ADR. Noted Supreme Court lawyers Mr Dushyant Dave and Mr Prashant Bhushan delivered the inaugural and valedictory addresses at the wellattended all India convention.

Aligarh Muslim University-ADR Discussion on ‘Campaign, Digital Media and Mobilization in Indian Elections’: July 24, 2021

Common Cause Director Dr Vipul Mudgal was one of the main speakers at the well-attended student event.

66th National RTI Meet on Legal basis for Mass Surveillance of Citizens ‘Nagarikon ki nigarani ke liye kanuni aadhar aur RTI ki dhara 8 (1) (H/J): September 26, 2021

Common Cause team attended the webinar ‘Nagarikon ki nigarani ke liye kanuni aadhar aur RTI ki dhara 8 (1) (H/J)’ (Legal provisions for people’s surveillance and section 8 (1) (H/J) of the RTI). The online event was jointly organised by the RTI Revolutionary Group India, National Federation of Societies for Fast Justice (NFSFFJ), Mission Free Legal Education and National RTI Group. The webinar was chaired by Mr Rahul Singh. Mr Shailesh Gandhi, Mr Apar Gupta, Lawyer and Executive Director, Internet Freedom Foundation, Mr Pravin Patel, Social Activist and Coordinator, NFSFFJ and Dr Vipul Mudgal participated in the panel discussion.

Pensioners in the Path of Legal Battles and the Need to Win ‘Universal Pension’: December 17, 2021

Swapna Jha of Common Cause was the keynote speaker at the webinar “Pensioners in the path of legal battles and the need to win ‘Universal Pension,’” organised by the All India Postal & RMS Pensioners Association. Common Cause had filed three major PILs on pension reforms. The first in the series, was a plea for equal pension for all pensioners, irrespective of the date of retirement. The second was an appeal for family pension for all dependents of the deceased pensioners while the third asked for the commutation of pension. Jha spoke on the topic, ‘Common Cause Petitions and Judgments on Welfare of Pensioners,’ discussing the minutiae of the cases and outlining the benefits that accrued to pensioners across India from them.

Publications

‘Sedition: A Minotary Frown’: February 25, 2021 by Vipul Mudgal in Outlook (https://bit.ly/30TUDfc)

‘India’s Police Forces Turning into Private Armies of Elected Rulers’: April 22, 2021 by Vipul Mudgal in Article 14 (https://bit.ly/3yZoM9x)

Book Review, ‘Under Cover: My Journey into the Darkness of Hindutva’ by Ashish Khetan’ September 17, 2021: Book Review by Vipul Mudgal in Hindustan Times (https://bit.ly/3sM1wen)

‘Home Truth of Indian Agriculture: Farm Income Declined in India in 7 years’ October 5, 2021 by Shambhu Ghatak in DownToEarth. (https://bit.ly/3dWgHZK)

‘Jail, no Bail: Aryan Khan Gets Taste of Reel in Real as Court Reserves Order’: October 15, 2021 by Radhika Jha and Bikram Vohra in News Nine. (https://bit.ly/3pWKo2s)

‘Crime as Punishment: How India’s Public Backs Extrajudicial Killings by Police’:November 1, 2021 by Radhika Jha in Article 14. (https://bit.ly/3E2IkuC)

Public Interest Litigation

Supreme Court Cases

Petition seeking filling of pending vacancies in the Central Vigilance Commission: Common Cause filed a petition in November 2021, seeking the timely and transparent filling of long pending vacancies in the Central Vigilance Commission so as to ensure that the Commission can effectively discharge its duties as an ‘integrity institution.’

The petition, filed under Article 32 of the Constitution, prays for an appropriate writ, order, or direction to the UOI to take urgent steps to appoint Vigilance Commissioner and Central Vigilance Commissioner, in pursuance of its advertisements issued on 20.07.2020 (15 months ago) and 04.05.2021 (5 months ago) respectively. It also prays for an appropriate writ, to forthwith place all details of the selection process/ appointments to be made to the Central Vigilance Commission in the public domain. This has to be done in a manner that it has been directed to follow, with respect to the selection/appointments made to the Central Information Commission, vide judgement of this Hon’ble Court in the Anjali Bhardwaj & Ors v. Union of India & Ors. The matter is yet to be listed.

Petition Challenging Constitutional Validity of Sedition: Common Cause filed a petition in July 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 2016, Common Cause had filed a PIL seeking appropriate directions to make it mandatory, before filing an FIR or making an arrest, to produce a reasoned order from the head of the police force to certify that the “seditious act” either led to the incitement of violence or had the tendency or intention to create public disorder. The court, however, disposed the petition, ordering authorities to rely on Kedar Nath (1962) while dealing with cases of under Section 124A.

In Kedar Nath Singh v State of Bihar, the constitutionality of this Section was tested and upheld, as the Court applied the Doctrine of Presumption of Constitutionality to save it. As per Kedar Nath, the offence of sedition is complete if the activities tend to create public disorder or disturbance of law and order or public peace. Since then, however, the Court in Navtej Singh Johar v. Union of India, and Joseph Shine v. Union of India, has held that the presumption of constitutionality does not apply to pre-constitutional laws as those were brought in by a foreign legislature or body.

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 has 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 prays 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 seeks 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. The petition also prays 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. There are no further listings.

Petition Challenging the Appointment of Interim Director, CBI: Common Cause filed a PIL on March 2, 2021, challenging the appointment of an Interim/Acting CBI Director once again. It also sought the appointment of a regular Director, as per procedure established by law. As per the Delhi Special Police Establishment (DSPE) Act, 1946, the appointment of Director, CBI is to be made by the High-Powered Committee comprising the Prime Minister, Chief Justice of India (or any Judge of Supreme Court nominated by the CJI) and Leader of Opposition in the Lok Sabha.

The petition prayed for a direction to the executive to initiate the process of selecting a regular Director forthwith. The petition also sought a direction to the Centre to initiate and complete the process of selection of the CBI director well in advance. The selection process should be completed well before the date on which the vacancy to the post is about to occur.

In 2019, Common Cause had challenged the appointment of M Nageshwar Rao as Interim Director, CBI on similar grounds. On February 19, 2019, while declaring the decision of the case, the Court indicated that if due process is not followed in appointments, it is always open to any incumbency and the said appointments could be questioned in accordance with the law.

After issuing a notice on March 12, 2021, the court expressed its displeasure on April 5, 2021 on the interim appointment and granted adjournment. It directed the matter to be listed for April 16, 2021. Subsequently, the matter was taken up on April 19, 2021 and the next hearing date fixed on May 13, 2021. Meanwhile, the Appointments Committee of the Cabinet, based on the panel recommended by the High Powered Committee, approved the appointment of Subodh Kumar Jaiswal as the new director of CBI on May 25, 2021. On October 20, 2021, the Court asked the government to continue with the incumbent director till next director was appointed in accordance with the provisions of the law in force. The matter was listed for December 8, 2021 but was not taken up. The next date is likely to be on January 12, 2022.

On November 14, 2021, an Ordinance extending the tenure of the Director CBI by up to five years from a fixed tenure of two years was brought in force.

Availability of Vaccines to Every Citizen: In June 2021, Common Cause filed an Intervention Application in the suo motu matter of Covid-19 management. The Apex Court had taken cognisance on issues related to oxygen shortage, drug supply, and vaccine policy in relation to the Covid-19 pandemic.

Petition Challenging Re-appointment of the Director of Enforcement Directorate: Common Cause on November 27, 2020 approached the Supreme Court with a prayer seeking to quash the Centre’s decision to “retrospectively” amend the tenure of Mr. Sanjay Kumar Mishra as the director of the Enforcement Directorate (ED). It also sought a direction to the central government to appoint a director for the agency “in a transparent manner and strictly in accordance with the law.” The bench of Justices L Nageswara Rao and S Ravindra Bhat issued notice on February 15, 2021 and the matter was taken up on April 5, 2021. On that date, the Court, after hearing the parties, directed the matter to be listed on April 16, 2021. On August 12, 2021 after hearing the parties, the Court directed the matter be listed for August 16, 2021. The matter was heard by the Court again on August, 16, 17 and 18, 2021, when it reserved the judgment after conclusion of hearing. On September 8, 2021, the Court dismissed the petition with the following order:

“The justification given by the Union of India for extension of the tenure of Second Respondent is that important investigations are at a crucial stage in trans-border crimes. The decision to extend the tenure of the Second Respondent is pursuant to the recommendation made by the high-powered committee.

Though we have upheld the power of the Union of India to extend the tenure of Director of Enforcement beyond the period of two years, we should make it clear that extension of tenure granted to officers who have attained the age of superannuation should be done only in rare and exceptional cases. Reasonable period of extension can be granted to facilitate the completion of ongoing investigations only after reasons are recorded by the Committee constituted under Section 25 (a) of the CVC Act. Any extension of tenure granted to persons holding the post of Director of Enforcement after attaining the age of superannuation should be for a short period. We do not intend to interfere with the extension of tenure of the Second Respondent in the instant case for the reason that his tenure is coming to an end in November, 2021. We make it clear that no further extension shall be granted to the Second Respondent.”

Illegal Mining in Odisha: This matter was listed thrice in January 2021, where some interlocutory applications filed by interested parties were disposed.

Introduction of Electoral Bonds Challenged: Common Cause and ADR challenged the introduction of Electoral Bonds, which was done by amending the Finance Act 2017. These bonds have not only made electoral funding of political parties more opaque, but have 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 the one filed by the 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.”

The matter was taken up on March 26, 2019 when the Election Commission of India (EC) again red flagged the bonds scheme, conveying that it had expressed concerns about it even in 2017. The EC, in its affidavit, said that the electoral bond project and removal of caps on the extent of corporate funding would have “serious repercussions/impact on the transparency aspect of political finance/ funding of political parties.” Thereafter on April 12, 2019, the SC declined to stay the EB scheme ahead of the 2019 General Elections. It further observed that the question could not be determined on the basis of a short hearing, and that any interim orders of the court must not have the effect of tilting the balance in favour of any political party.

Ahead of the Assembly elections in four states and a Union Territory (UT), an application was filed again in the Supreme Court on March 6, 2021. This was to stop the sale of electoral bonds till their validity, already under examination by the Apex Court, was finally decided.

On March 26, 2021, the SC dismissed the application, saying that it did not find any justification to stay fresh sales of electoral bonds ahead of the Assembly elections in West Bengal, Tamil Nadu, Kerala, Assam and the Union Territory of Puducherry. The Bench, headed by Chief Justice S.A. Bobde, declined to stay their sale, noting that the bonds were allowed to be released in 2018 and 2019 without interruption and that “sufficient safeguards are there.”

The EC, which had red flagged the issue in 2017 and 2019, took a different stand this time. Senior advocate Rakesh Dwivedi, appearing for EC said: “The issue of transparency can be considered at the final argument stage, and there should be no interim stay.” Dwivedi added that the stay on electoral bonds would mean going back to the era of unaccounted cash transfers.

Finance and Accounts (2020-21)

The Audited Annual Accounts of Common Cause for the year ending March 31,2021 has been received. The Governing Council has been requested to go through the report and accord its approval. Briefly, the non-project expenditure during the year was Rs 114.83 lakh against Rs 96.62 lakh recorded in the previous year. The non-project income during the year was Rs 100.21 lakh compared to Rs 121.50 lakh during 2019-20. Thus, there was a shortfall of Rs 14.62 lakh during the year as against a surplus of Rs 24.88 lakh in the previous year.