PM must speak up, heads should roll: Congress on sexual harassment allegations against WFI chief
New Delhi (PTI): The Congress Thursday demanded that Prime Minister Narendra Modi should break his "silence" on the sexual exploitation allegations against BJP MP and Wrestling Federation of India chief Brij Bhushan Sharan Singh, and asked why resignations of those involved have not come in till now.
The opposition party's attack came after star wrestler Vinesh Phogat Wednesday alleged that Wrestling Federation of India (WFI) president Singh has been sexually exploiting women wrestlers for years, a charge vehemently rejected by the sports administrator.
In a tweet in Hindi, Congress general secretary Priyanka Gandhi Vadra said, "Our players are the pride of the country. They bring laurels to the country by their performance at the world level."
The players have made serious allegations of exploitation against the Wrestling Federation of India and its president and their voices should be heard, she said.
Congress general secretary in-charge communications Jairam Ramesh said, "Kuldeep Sengar, Chinmayanand, father-son duo Vinod Arya and Pulkit Arya... and now this new case! The list of BJP leaders committing atrocities against women is endless."
"Mr PM, was 'Beti Bachao' a warning to save daughters from BJP leaders? India is waiting for an answer," he said on Twitter.
Why are all those who oppress women, members of the BJP, he asked.
"Yesterday, you said that a better environment has been created for sports in the past eight years. Is this the 'better environment', in which even our daughters who bring laurels to the country are unsafe?" Ramesh said.
Inaugurating a sports event in Uttar Pradesh via video conferencing on Wednesday, Modi said, "Many talents remained away from the field. But in the last eight years, the country has left behind this old thinking. Work has been done to create a better environment for sports, so now more children and youths are looking at sports as a career option."
Addressing a press conference at the AICC headquarters here, Congress' media department head Pawan Khera said Singh's resignation should have come on Wednesday itself.
"That should have been the first step. Had it been any other sensitive government, it should have happened immediately. Then, the prime minister should issue a statement and restore the confidence of these families. Our families are conservative, it is a difficult choice to send children to train, fight for the country and win medals," he said.
"The sports minister (Anurag Thakur) should speak out. The prime minister should speak out, there should be resignations, and heads should roll immediately. This should have happened long back, 24 hours is too long a time. The silence is more shocking than what has happened," Khera said.
What is the hesitation in getting Singh's resignation and in speaking out, he asked. Khera alleged that there were plenty of examples where the BJP had given protection to those committing atrocities on women.
Phogat, who has been at loggerheads with the WFI since the Tokyo Olympic Games, also claimed that several coaches at the national camp in Lucknow have also exploited women wrestlers, adding that there are a few women at the camp who approached the wrestlers at the behest of the WFI president.
The 28-year-old, however, clarified that she never faced such exploitation but claimed that "one victim" was present at the 'dharna' they began at Jantar Mantar on Wednesday.
Rio Olympic medallist Sakshi Malik, world championship Sarita Mor, Sangeeta Phogat, Anshu Malik, Sonam Malik, Satyawart Malik, Jitender Kinha, Amit Dhankar and CWG medallist Sumit Malik were among 30 wrestlers who assembled at the famous protest site.
Singh, 66, was elected unopposed as president of WFI for a third consecutive term in February 2019. Taking note of the allegations, the sports ministry has sought an explanation from WFI and directed it to furnish a reply within the next 72 hours on the allegations made.
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Constitution bench verdict binding on benches of lesser strength, says SC
New Delhi (PTI): A judgement of a Constitution bench would be "binding" on benches of lesser strength, the Supreme Court has said while recalling an April 2022 verdict delivered by it.
In its order dated April 7, 2022, the apex court had held that a panchayat cannot claim ownership of the land which has been taken from the real owners from their permissible ceiling limits under the land law in Haryana.
The apex court had consequently said panchayats can only manage and control the land which has been taken from the owners and cannot claim title.
"It is pertinent to note here that for the land taken from the proprietors by applying pro-rata cut from the permissible ceiling limits of the proprietors, management and control alone vests with the panchayat but such vesting of management and control is irreversible and the land would not revert to the proprietors for redistribution as the common purposes for which land has been carved out not only include the present requirements but the future requirements as well," it had said.
The top court had delivered the verdict on a batch of appeals against a full bench verdict of the Punjab and Haryana High Court which had examined the legality of sub-section 6 of Section 2(g) of the Haryana Village Common Lands (Regulation) Act, 1961.
In a judgement delivered on Thursday, a bench of Justices B R Gavai and Sandeep Mehta said that when the high court verdict rested on the law laid down by the apex court's Constitution bench in 1966, "the least that was expected" of the court in the judgement under review was to explain as to why the high court was wrong in relying on the 1966 verdict.
"No law is required to state that a judgement of the Constitution bench would be binding on the benches of a lesser strength. Bhagat Ram (1966 verdict) has been decided by a strength of five judges, this court having a bench strength of two judges could not have ignored the law laid down by the Constitution bench in paragraph 5 in Bhagat Ram," the bench said.
The top court delivered its verdict on a plea seeking review of the April 2022 judgement.
It said that "ignoring" the law laid down by the Constitution bench and taking a view totally contrary to the same would amount to a material error, manifest on the face of the order.
"Ignoring the judgement of the Constitution bench, in our view, would undermine its soundness. The review could have been allowed on this short ground alone," it said.
While allowing the review petition, the bench said, "The judgement and order of this court dated April 7, 2022... is recalled and the appeal is restored to file."
The bench directed that the appeal be listed for hearing on August 7.
The top court observed it was settled that the review would be permissible only if there was a mistake or error apparent on the face of the record or any other sufficient reason was made out.
"The review of the judgement would be permissible only if a material error, manifest on the face of the order, undermines its soundness or results in miscarriage of justice. We are also aware that such an error should be an error apparent on the face of the record and should not be an error which has to be fished out and searched," it noted.
