Delhi HC dismisses with Rs 50K costs bar body's plea challenging reappointment of RCT chairperson
New Delhi, Mar 11: The Delhi High Court has dismissed with Rs 50,000 costs a petition by a bar body challenging the reappointment of retired Justice K S Ahluwalia as Chairperson of the Railway Claims Tribunal, saying any attempt to "vilify judges" without reasonable basis cannot be permitted.
The high court said the petition filed by Rail Dawa Bar Association, Lucknow, is a malafide attempt to throw mud on the reputation of the incumbent and a gross abuse of process.
"In the opinion of this court, the entire attempt in this petition on behalf of the lawyers' association is to raise aspersions against the duly constituted Tribunal. Accordingly, considering the nature of submissions made in court and in the pleadings, the writ petition is dismissed.
"It is made clear that any attempt to vilify judges, without any reasonable basis, be it judges of constitutional courts, trial courts or judges presiding over quasi-judicial bodies cannot be permitted," Justice Prathiba Singh said in an order which was passed on March 3 and made available on the high court's website on March 10.
The court said costs of Rs 50,000 shall be paid by the petitioner body to the Delhi High Court Legal Services Committee within four weeks.
The petition was filed by the lawyers' association seeking direction to call the entire official records from respondents Centre and Railway Board -- leading to the decision to again appoint retired Justice K S Ahluwalia as the Chairman of Railway Claims Tribunal, New Delhi.
The plea sought quashing and setting aside of the decision to re-appoint Justice Ahluwalia to the post.
It also sought direction to the authorities concerned to frame rules and regulations laying down a fair and transparent selection procedure for appointment to the posts of Chairman, Vice Chairman (Judicial), Vice Chairman (Technical), Member (Judicial) and Members (Technical) in the Railway Claims Tribunal, which are posts of public importance in a quasi-judicial authority.
The high court said it noticed that apprehensions have been expressed in the past about false claims filed before railway tribunals and during the submissions, it was stated that several cases were transferred from the Lucknow Bench.
"Thus, the petition appears to have been filed due to some oblique motives," it said.
The court perused the affidavit filed by the Centre in response to the petition and said it showed that the Search-Cum-Selection Committee was duly constituted in accordance with the orders passed by the Supreme Court as also the applicable Act and Rules.
In the rejoinder, the petitioner alleged the committee just "handpicked out of a hat" five eligible candidates even though there were more than 60-70 eligible persons and that the whole exercise is "fishy and clearly smacks of favoritism and nepotism".
Perusing the document, the high court said, "However, the language used in the rejoinder (by petitioner) clearly shows that the intention is to simply raise baseless and scandalous allegations. The rejoinder smacks of sensationalism which uses completely unbecoming language. Wild allegations are made by the petitioner without verification of facts or law."
The court said the intention of the petitioner appeared to be simply to besmirch various individuals for some inexplicable reason, rather than to raise grounds within the confines of law.
The entire process which has been explained in the counter affidavit of the Ministry of Railways shows all the requisite safeguards have been followed and the appointment process conducted in accordance with the applicable Act and Rules, it said.
"After having perused the counter affidavit and the rejoinder filed by the petitioner, this court has noted that the present writ petition, in fact, is a mala fide attempt to throw mud on the reputation of the incumbent and is a gross abuse of process. Unnecessary and scandalous allegations have been made in the rejoinder which this Court does not condone.
"The process of appointment has been explained in the counter affidavit and has been perused by the court. None of the grounds which have been raised in this writ petition are made out for setting aside of the said appointment/reappointment," the court said.
It said it was clear that the petition and the pleadings filed by the petitioner are "nothing but an attempt towards undermining the dignity of the current Chairman of the Railway Claims Tribunal and impede in the functioning of the Railway Claims Tribunal".
Initially, Justice Ahluwalia took over charge as Chairperson of the tribunal on July 10, 2019 and retired on May 30, 2022 upon attaining the age of 65 years. He was reappointed to the post in August 2022.
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Cong cites Kangana's purported remarks to accuse BJP of wanting to bring back repealed farm laws
New Delhi, Sep 24: The Congress on Tuesday cited BJP MP Kangana Ranaut's purported remarks on farm laws to allege that the ruling party was making efforts to bring back the three laws that were repealed in 2021, and asserted that Haryana will give a befitting reply to it.
The Congress shared on X an undated video of Ranaut in which she is purportedly saying in Hindi, "Farm laws that have been repealed should be brought back. I think this may get controversial. The laws in farmers' interest be brought back. Farmers should themselves demand this (to bring farm laws back) so that there is no hindrance to their prosperity.
"Farmers are a pillar of strength in India's progress. Only in some states, they had objected to farm laws. I appeal with folded hands that farm laws should be brought back in the interest of farmers."
In a post in Hindi along with the video, the Congress said, "The three black laws imposed on farmers should be brought back: BJP MP Kangana Ranaut has said this. More than 750 farmers of the country were martyred, only then did the Modi government wake up and these black laws were withdrawn."
Now BJP MPs are planning to bring back these laws, the Congress alleged.
"The Congress is with the farmers. These black laws will never return, no matter how hard Narendra Modi and his MPs try," the opposition party said on X.
Congress spokesperson Supriya Shrinate also shared the video of Ranaut on X and said, "'All three farm laws should be brought back': BJP MP Kangana Ranaut. More than 750 farmers were martyred while protesting against the three black farmer laws. Efforts are being made to bring them back."
"We will never let that happen. Haryana will answer first," she said in an apparent reference to the assembly polls in Haryana.
Congress' media and publicity department head Pawan Khera also shared the video on X and said it was the BJP's "real thinking".
"How many times will you deceive the farmers, you two-faced people?" Khera said in a post in Hindi.
The three laws -- Farmer's Produce Trade and Commerce (Promotion and Facilitation) Act; The Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act; and The Essential Commodities (Amendment) Act -- were repealed in November 2021.
The farmers' protest started at the fag-end of November 2020 and ended after Parliament repealed the three laws. The legislations came into force in June 2020 and were repealed in November 2021.
“तीनों किसान क़ानून वापस लाये जाने चाहिए” : BJP MP कंगना रनौत
— Supriya Shrinate (@SupriyaShrinate) September 24, 2024
जिन तीन काले किसान विरोधी क़ानूनों की मुख़ालिफ़त करते 750 से ज़्यादा किसान शहीद हो गए
उनको दोबारा से लाने की कोशिश की जा रही है. हम ऐसा कभी नहीं होने देंगे
सबसे पहला जवाब हरियाणा देगा pic.twitter.com/kRAkRuE2cc
