HC CJ suspends Magistrate who had slapped sedition charges against Jaitley

Ankit Goel, posted as Judicial Magistrate and Civil Judge at Kulpahar in Mahoba in Uttar Pradesh, has been placed under suspension following a direction issued by Chief Justice of Allahabad High Court D Y Chandrachud, according to the High Court's Registry.

Goel has been found prima facie guilty of "indiscretion in carrying out judicial work" and an inquiry has been ordered against him for further action, it said.

Goel had, taking notice of media reports, had slapped sedition charges against Jaitley on October 19 last year for criticising SC verdict on National Judicial Appointments Commission (NJAC) and had issued summons for his personal appearance on November 19.

Jaitley, while reacting to the SC judgement on NJAC, had said that Indian democracy could not be a "tyranny of the unelected". He had said that democracy would be in danger if the elected are undermined.

Jaitley had challenged the Magistrate's action in the High Court which quashed the proceedings on November 05, observing that the Magistrate "clearly failed to apply judicial mind, acted irresponsibly and failed to bear in mind the caution and circumspection which should have preceded his assuming jurisdiction and issuing summons".

Coming down heavily on the Magistrate, the HC had said, "....This Court is of the firm opinion that none of the ingredients essential for invoking the provisions of Sections 124A or 505 of the Penal Code stood attracted to the article in question.

"The magistrate has committed a manifest illegality in forming an opinion that an offence under the above provisions stood prima facie committed."

At present India has a Government where PM has the last word

At present India has a Government where PM has the last word: Jaitley to Manmohan Singh

 

Jaitley's reaction comes after Dr Singh in an interview to a news channel said, there is a crisis of confidence in the government and that Prime Minister Narendra Modi must give "every Indian" the confidence that he cares for people's well-being.

Here's the full text of Jaitley's article posted on his Facebook account:

Former Presidents and Prime Ministers rarely speak, but when they do, the nation should listen to them with rapt attention. They represent the wisdom of the nation. They are expected to be non-partisan, render constructive advice and at times send a powerful message even to their own political party to act in broader national interest. Having consistently held Dr. Manmohan Singh, the former Prime Minister in high respect, I expect the same from him.

I have read his interview in the latest edition of “India Today”, particularly his concern that the Prime Minister and the Government are not reaching out to the opposition. He feels that the Government is not doing enough to move up the country’s economy.

I am sure if Dr. Singh would dispassionately analyse the present Government, he would really realize the India has a Government where the Prime Minister has the last word, where natural resources are allocated without corruption through transparent process, where industrialists no longer visit North Block to push files/decisions, where environmental clearances are dealt with in routine and not stalled on sadistic or corrupt considerations. Has there been any change in the work culture of the Government? During the UPA Government, the public sector banks were hardly run by their own Boards or even by North Block. They were run from 24, Akbar Road. In Power and Infrastructure areas, sectoral challenges were not addressed during the UPA. It is the present Government which is clearing up these accumulated challenges.

Many stalled infrastructure projects have now started moving. India’s journey is from ‘policy-paralysis’ to a global ‘bright-spot’, as the fastest growing economy moves on notwithstanding major challenges.

On consultations with the opposition, almost all political parties except the Congress, support the GST. The Congress has done a volte face. Both the Parliamentary Affairs Minister and myself have discussed the GST with every senior Congress leader in Parliament. Is the Congress position on “Constitutional cap” not motivated by real politics? The economist in Dr. Singh should advice his party that tariff are not provided for in the Constitution. This is what nation expects from the senior leaders and statesmen like former Prime Ministers.

 

Arun Jaitley hints at reforms in FDI regime

New Delhi: Union finance minister Arun Jaitley on Sunday hinted that Modi government may take more reforms in FDI regime by removing various conditions attached with it. 

 

“Having opened most sectors for FDI, time has come to examine whether some of the conditionalities on which FDI investment is permitted, have become anachronic. We need to cut down on the number of permissions re-quired so that the time lag between the decision to invest and actual investment can be shortened significantly,” he said in a social media post.

 

The finance minister noted that states must realise that local laws which enable availability of land, environmental permissions, sanction of building plans need a relook. “Once an industrial zone or new township has been cleared for environmental sanctions, should individual structures require a separate environmental approval? Many countries have switched to an architect’s certificate as a substitute for building plans being sanctioned,” said Mr Jaitley. 

 

He said that when an organisation compulsorily need a completion certificate for a building, the permission required for start of construction should be replaced by a regulatory mechanism. Mr Jaitley said that these additional changes will further improve India’s ranking for ease of doing business.

 

Not fully satisfied with 12 position jump in India’s ranking on ease of doing business index, Mr Jaitley said the World Bank has not factored in all steps taken by the government to improve business environment and ranking should have been “significantly higher”. 

 

He noted that quicker decision making, faster policy changes, eliminating corruption at the top and smoother clearances have played a significant role. “The FIPB clearances and the environmental approvals are being routinely granted. Investors no longer queue  up before the Mantralayas in Delhi lobbying for policy changes or approvals,” said Mr Jaitley.

 

He said that to adjudicate quickly upon investment related matters, a commercial division is being constituted in all High Courts. “This would improve the enforceability of contracts where India’s ranking is relatively poor,” he said. 

 

The finance minister said that ease of opening business must also be accompanied by an ease in exiting. “For this, the framework of the Bankruptcy Law is being readied. Dispute resolutions with regard to public projects requires a quicker settlement mechanism. The same is being worked out,” said Mr Jaitley. 

 

He said that much has been done to ensure that award of natural resources and public contracts are completely transparent. To empower public servants to take simpler and bolder decision, many corrections are required in some obsolete provisions of Prevention of Corruption Act, said Mr Jaitley. 

 

“The same have already been introduced in Parliament. At a time when the world growth is moving slowly, India aspires to grow faster. To add a percentage or two in our present growth rate, the ease of doing business coupled with a simpler direct and indirect taxation system, a higher investment in infrastructure and irrigation will play a significant role,” said finance minister.