COMMON CAUSE UPDATES

We are presenting here a recapitulation of the activities of Common Cause and the significant developments in its various initiatives during the period since October 23, 2013.

- Editor

Public interest litigation

a. New intervention:

WP (C) 7240/2013 in the Delhi High Court: Actionable evidence of corruption against Shri Virbhadra Singh- Our counsel, Shri Prashant Bhushan, had requested the CVC and the CBI in January 2013 to act on the unrebutted documentary evidence of corruption against Shri Virbhadra Singh, former Union Minister of Steel and the incumbent Chief Minister of Himachal Pradesh. This evidence had long been in the public domain. The Society followed up the matter with letters to the CVC and the Director, CBI, urging them to discharge their statutory responsibilities as apex anti-corruption bodies. This elicited a formal response from the CVC that the matter had been referred to the Ministry of Steel. Hence, we filed a PIL on November 16, 2013, seeking a court supervised probe by the CBI/Director General, Income Tax (Investigations) into the allegations. At the hearing on November 27, 2013, the Court was informed that the CBI had received the complaint and was investigating the case The Court sought a status report from the CBI within six weeks and posted the matter for February 12, 2014. Meanwhile, Common Cause submitted fresh documentary evidence to show that the huge increase in agricultural income claimed in Shri Singh's revised I T returns was limited to a 3 year period corresponding to his tenure as the Minister of Steel.

b. Developments in earlier interventions

i. Investigation into Headlines Today's sting operation on Muzaffarnagar riots

At the hearing on October 17, 2013, the Court sought a comprehensive response from the state government on all the matters pending before the Court, detailing the steps being taken to maintain peace and communal harmony. The matters were listed for December 12, 2013.

ii. Decriminalisation of politics

In its belated response to the petition, the UOI tried to take shelter behind the Parliamentary Standing Committee's rejection of the ECI's recommendation for disqualification of persons charged with serious criminal offences. It also sought to take credit for having held seven regional consultations to gather feedback from the stakeholders with a view to forging a consensus on electoral reforms. In an effort to buy time, the government claimed that the issue of electoral reforms had been referred in its entirety to the Law Commission `for consideration and examination with the aid of reports of various Committees in the past, the views of the Election Commission and other stakeholders, and to suggest comprehensive measures for plausible changes in the law under reference'.  At the hearing on November 25, 2013, the Court directed the UOI to file the reference made to the Law Commission and listed the matter for December 16, 2013.

iii. Irregularities in allocation of coal blocks for captive mining 

At the hearing on October 29, 2013, some of the States filed their affidavits in response to the notice issued by the Court. On November 26, the Court, taking cognizance of an IA filed by Common Cause regarding a lack of diligence on the part of the Enforcement Directorate, ordered that notice returnable on January 15, 2014 be issued to the agency The move of the Court for appointment of amicus curiae to provide an independent perspective on the CBI's "pace and fairness" in carrying out the Court-monitored investigations was vehemently opposed by the CBI. Oral submissions were being made on behalf of the state governments. The matter was listed for January 8, 2014.

iv. WP(C) 866/2010: Post-retirement activities of judges

At the hearing on October 1, 2013, the UOI submitted with reference to our prayer for forbidding retired Supreme Court/High Court judges from taking up arbitration work while serving as chairperson/Member of any Government appointed constitutional/statutory body, commission, or tribunal, that a draft bill would be introduced in Parliament during the Winter Session. The matter was listed for February 26, 2014.

v. Stray cattle hazard on roads

Common Cause filed the factual report by way of an IA prior to the hearing of October 25, 2013 to bring the discrepancies to the Court's notice. The IA seeks the appointment of Court Commissioners to undertake a comprehensive inquiry into the status of the stray cattle menace in the Capital and ascertain the fate of the displaced dairies, as well as the ground realities the functioning of the infrastructural facilities claimed to have been established at Ghogha Colony. The matter was listed for February 12, 2014.

Other developments

Constitution of a committee to investigate complaints of sexual harassment

In compliance of the provisions of Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which has been notified vide the Ministry of Women and Child Development notification no. S.O. 3606(E) dated December 9, 2013, an internal complaint committee has been constituted to address any complaints of sexual harassment that may arise at Common Cause. The Committee comprises Ms. Madhumita Bhattacharjee, Legal Consultant, Common Cause, as Presiding Officer, Ms. Swapna Jha, Executive Officer (Legal) and Mr. K.K. Jhingan, General Manager, as members, and Ms. Anumeha (Executive Officer) as alternate member.

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October December, 2013