The Hindu Editorial Analysis | 19th Oct ’19 | PDF Download

• CJI names Justice Bobde as successor
• Chief Justice of India Ranjan Gogoi has recommended Justice Sharad Arvind Bobde as his successor and the 47th Chief Justice of India in keeping with convention and the seniority norm, sources said. The Chief Justice, due to retire on November 17, has sent his recommendation to the government.
• The written communication from the incumbent, ideally a month before his retirement, is the first step in the process of the appointment of the next CJI.
• It will be put up before the Prime Minister and forwarded to the President. Vehicle registrations fell 12.9% in September The drop comes despite onset of festival season and discounts to boost sales

Vehicle registrations fell 12.9% in September

• The drop comes despite onset of festival season and discounts to boost sales
• Reflecting continued weakness in consumer sentiment, overall vehicle registrations in September 2019 fell 12.9% compared to the same period last year despite the onset of the festival season and offer of unprecedented discounts to prop up sales.
• As per data from the Federation of Automobile Dealers Associations of India (FADA), a total of 13,75,314 vehicles were registered at 1,188 RTOs in the country out of 1,461 RTOs compared with 15,79,191 vehicles registered in September 2018.
• These numbers do not include figures from 352 RTOs, mainly from Andhra Pradesh, Kerala, Madhya Pradesh and Telengana. While AP, MP and TS are not yet on Vahan, the comparative figures for Kerala for September 2018 were not available and hence, not taken into account. On a year-on-year basis two-wheeler registrations were down by 12.1%, commercial vehicles (CV) by 18.5% and passenger vehicles (PV) registrations by 20.1%. Three wheeler registrations saw a marginal growth of 1.8%.
• Ashish Harsharaj Kale, president, FADA, said, “FADA believed September to be a transition month into positivity with continued monsoon and measure after measure being announced by the government. The retail auto industry was under pressure during the month and the de-growth was on expected lines.”
• “The continued heavy monsoons in major geographies and the Shraddh period also contributed to this sales lag. The complete effects of the positive measures announced by the government was still not visible at the retail level in September,” he said.
• He said October would be a crucial month which would indicate the trends for H2 and measure the effects of an abundant monsoon and the various government measures announced recently.
• “Dealer confidence and current trends indicate an improving situation and if these trends hold good, it could be an indicator of the slowdown bottoming out and stability returning to auto retails,” Mr. Kale said.
• FADA did not release the registration figures for August 2019 as it could not access the desired data from Vahan portal which had developed some technical glitches and the data for CVs could not be procured. However, as per July 2019 data, there was a decline of 6% in vehicle registrations at 16,54,335 units compared to with 17,59,219 vehicles registered in July 2018.
• The Ministry of Road Transport & Highways (MoRTH) has been facilitating computerization of over 1100 Road Transport Offices (RTOs) across the country. RTOs issue Registration Certificate (RC) and Driving License (DL) that are mandatory requirements and are valid across the country, subject to certain provisions and permissions.
• With wide variations in state policies and manual/ system based procedures being followed across the country, it had become necessary to define same standards for these documents on a pan-India level to ensure interoperability, correctness and timely availability of information. SCOSTA committee setup for this purpose had recommended a uniform standardized software across the country.
• The Ministry thus entrusted National Informatics Centre (NIC) with the task of standardizing and deploying two softwares – VAHAN for Vehicle Registration and SARATHI for Driving Licenses and of compiling the data with respect to Vehicle Registration and Driving Licenses of all the states in State Register and National Register.
• The applications VAHAN & SARATHI were conceptualized to capture the functionalities as mandated by Central Motor Vehicle Act, 1988 as well as State motor vehicle Rules with customization in the core product to suit the requirements of 36 States and UTs.
• The project was a pioneer in e-Governance projects initiated way back in 1992. However, it picked up momentum about 2002 and as on date this has been rolled out in all the RTO’s of all the states and UT’s in the country.

FATF may keep Pak. on grey list

• But the country is likely to be issued strong warnings and put under pressure
• Pakistan could escape being blacklisted by the Financial Action Task Force (FATF) on Friday, but the international watchdog on terror finance is likely to issue strong warnings to it and keeping the country on the grey list, sources said.
• On Tuesday, the FATF’s International Cooperation Review Group (ICRG) discussed Pakistan’s actions for countering terror financing and anti-money laundering (CFT/AML).
• Diplomatic sources stressed that no decision on Pakistan’s listing had been taken as yet, and the 39-member body would only decide whether to continue keeping Pakistan on the grey list or downgrade it to the blacklist. Given that China, Turkey and Malaysia were ranged against blacklisting Pakistan, officials have been saying that it was unlikely these countries would allow it this time.
• The latest mutual evaluation report by the Asia Pacific Group (APG) on CFT and AML released on October 14 assigned a national risk-rating of ‘medium’ to Pakistan. The report said that since February 2018, Pakistan had taken positive actions against these organisations “but UNSCR 1267 is not being fully implemented”.
• Pakistan is expected to be kept under “significant and sustained” pressure to deliver on the 27-point action plan by February 2020, when the next plenary session will be held, the sources added. “While there has been acknowledgement that some action has been taken [by Pakistan], it is not enough, and the pressure will only increase from this point on,” said a diplomat.
• The APG said in its report that Pakistan faced “significant risks of terrorist financing both from legitimate and illegitimate sources as well as weak, or no, regulation/supervision of certain sectors (such as hawala/hundi) and porous borders.”
• In the period under review, Pakistan registered 228 TF cases and convicted 58 individuals, which is not consistent with Pakistan’s overall level of TF risk, the group said.
• Earlier this week, National Security Adviser Ajit Doval lauded the efforts of Indian agencies at the FATF. He said the “biggest pressure on Pakistan is from FATF” and this could be done as evidence collected by various agencies was placed before the international body.
• Each year the 193-member General Assembly elects five non-permanent members for a two-year term at the UN high-table. The five permanent members of the Council are China, France, Russia, UK and the US.
•  The Council is composed of 15 Members: Five permanent members: China, France, Russian Federation, the United Kingdom, and the United States, and ten non-permanent members elected for two-year terms by the General Assembly (with end of term year):
• Belgium (2020)
• Côte d’Ivoire (2019)
• Dominican Republic (2020)
• Equatorial Guinea (2019)
• Germany (2020)
• Indonesia (2020)
• Kuwait (2019)
• Peru (2019)
• Poland (2019)
• South Africa (2020)
• Along with the five permanent members, the Security Council of the United Nations has temporary members that hold their seats on a rotating basis by geographic region. Non-permanent members may be involved in global security briefings.
• In its first two decades, the Security Council had six non-permanent members, the first of which were Australia, Brazil, Egypt, Mexico, the Netherlands, and Poland. In 1965, the number of non-permanent members was expanded to ten.
• These ten non-permanent members are elected by the United Nations General Assembly for two-year terms starting on 1 January, with five replaced each year.
• To be approved, a candidate must receive at least two-thirds of all votes cast for that seat, which can result in deadlock if there are two roughly evenly matched candidates. In 1979, a standoff between Cuba and Colombia only ended after three months and a record 154 rounds of voting; both eventually withdrew in favour of Mexico as a compromise candidate. A retiring member is not eligible for immediate re-election.
• The African Group is represented by three members; the Latin America and the Caribbean, Asia-Pacific, and Western European and Others groups by two apiece; and the Eastern European Group by one. Traditionally, one of the seats assigned to either the Asia-Pacific Group or the African Group is filled by a nation from the Arab world.
• Currently, elections for terms beginning in even-numbered years select two African members, and one each within Eastern Europe, Asia-Pacific, and Latin America and the Caribbean. Terms beginning in oddnumbered years consist of two Western European and Other members, and one each from Asia-Pacific, Africa, and Latin America and the Caribbean Power duo Christina Koch, right, and Jessica Meir gearing up for the world’s first all-woman spacewalk. They floated out of the International Space Station on Friday to fix a broken part of the power network. NASA/Twitter NASA/Twitter
• What are Aflatoxins?
• Aflatoxins are a family of toxins produced by certain fungi that are found on agricultural crops such as maize (corn), peanuts, cottonseed, and tree nuts. The main fungi that produce aflatoxins are Aspergillus flavus and Aspergillus parasiticus, which are abundant in warm and humid regions of the world. Aflatoxin-producing fungi can contaminate crops in the field, at harvest, and during storage.

How are people exposed to aflatoxins?

• People can be exposed to aflatoxins by eating contaminated plant products (such as peanuts) or by consuming meat or dairy products from animals that ate contaminated feed. Farmers and other agricultural workers may be exposed by inhaling dust generated during the handling and processing of contaminated crops and feeds.

Which cancers are associated with exposure to aflatoxins?

• Exposure to aflatoxins is associated with an increased risk of liver cancer.

How can aflatoxin exposure be reduced?

• You can reduce your aflatoxin exposure by buying only major commercial brands of nuts and nut butters and by discarding nuts that look moldy, discolored, or shriveled. To help minimize risk, the U.S. Food and Drug Administration (FDA) tests foods that may contain aflatoxins, such as peanuts and peanut butter. To date, no outbreak of human illness caused by aflatoxins has been reported in the United States, but such outbreaks have occurred in some developing countries.
• On April 19, 2019, a former member of the staff in the office of the Chief Justice of India (CJI) had sought an inquiry by the “senior retired judges” to “enquire into charges of sexual harassment and consequent victimization”. Subsequently, a committee of three judges exonerated the CJI of the charge of sexual harassment. Since the committee proceedings have not been made public, their reasoning and decision remain a mystery.
• Be that as it may, the charge of victimisation remains unanswered. On August 27, 2018, the woman was posted “to work at the R/O of Hon’ble Mr. Justice Ranjan Gogoi at 10 Tees January Marg, New Delhi with immediate effect”, but by an order of October 22, 2018, she was “posted to work in the Centre for Research and Planning with immediate effect”. This order was changed on November 22, 2018, so as to post her “to work in the library division”. Meanwhile, on November 19, 2018, she was issued a memorandum seeking explanation on her part for showing “lack of devotion to duty, indiscipline and insubordination”, and disciplinary proceedings were contemplated. On November 27, 2018, she was placed under suspension “until further orders” and was simultaneously served with a memorandum to hold an inquiry under the Supreme Court Officers and Servants (Conditions of Service and Conduct) Rules, 1961. The three charges levelled against her did not justify the ultimate action of her dismissal from service. The alleged incidents of impropriety took place around this time, according to the victim.
• On December 14, 2018, a request was made by an officer working in the Rajya Sabha Secretariat to “act as her Court Defence Assistant” in the inquiry. Without waiting in this regard, hearing took place on December 17, 2018, on which day the victim was moved to Ram Manohar Lohia Hospital from the Supreme Court premises with definite medical complications. Yet, the next day, the Registrar of the Supreme Court issued a show cause notice enclosing report of “enquiry officer”, prepared hurriedly to which a reply was submitted on December 20, 2018. But on December 21, 2018, the victim was dismissed from service.

High-handedness

• The narration of these events reflects high-handedness on the part of the Supreme Court against one of its Class III employees. This was followed by departmental action against the husband of the victim and his brother around the first week of January, 2019. Reportedly, SHO Tilak Marg took the victim and her husband to the CJI’s residence and made them apologise to his wife. On January 14, the brother-in-law of the victim, appointed by the CJI himself to a post in the Supreme Court on compassionate grounds, was dismissed. Later, a criminal complaint was lodged on March 3 by one Naveen Kumar of Haryana claiming that the victim had promised him a job in the Supreme Court demanding large sums and a part of it was paid by him in presence of a witness on June 2017. Clearly, this appeared to be a false complaint and in any case was raked up almost two years later as part of the efforts to pressure the victim. It is inconceivable that a Class III employee can promise a job in the Supreme Court and somebody would pay her money for the same. The police readily registered the FIR, arrested the victim on March 10, handcuffed and sent her to judicial custody on March 11. She was released on bail the next day.
• Curiously, this newly found complainant did not join the investigation after the registration of case and avoided summons issued by the Court. Ultimately, the complainant joined the investigation on September 5 and gave a written statement stating that he didn’t want the complaint to be proceeded with further. His statement was recorded, following which on September 6, the investigating officer submitted the final report in the court of CMM, Patiala House Court, Delhi, reporting clearly that “during investigation, nothing has been found to substantiate or corroborate the allegation of cheating, criminal conspiracy or criminal intimidation as initially alleged by complainant. Hence, a closure report has been prepared in this case”. He reaffirmed his statement on September 16 following which the Court passed the following order:“In view of the facts and circumstances, statement given by the complainant, and investigation conducted by the police in the present case, the closure report filed in the present case is hereby accepted.”
• So, the victim stands honourably discharged. On June 20, the victim’s husband and brother in law who were suspended earlier were reinstated. On July 11, the victim filed an appeal challenging her dismissal. As the punishment of dismissal was wholly disproportionate to the alleged charges, she was entitled to be reinstated in service. Yet, within 24 hours on July 12, she moved an application before the Supreme Court seeking to withdraw the appeal stating that “inadvertently certain documents have been omitted in aforesaid appeal. I wish therefore, to withdraw the said appeal and re-file”. Clearly, a hidden hand appears to be working behind this.
• Even overlooking the charge of sexual harassment, now that the committee of three judges has exonerated the CJI, victimisation is evident. Efforts are being made in a concerted manner to placate the victim which is evidenced by the revocation of suspension orders of her husband and brother in law and closure of criminal cases against her. But how will the nation compensate her for wrongful arrest, handcuffing and judicial custody, even if for a day?
• This episode hides more than what it reveals. Only a thorough investigation will bring out the truth including as to who set up the said complainant for alleging corruption against the victim. These are very disturbing issues and need a fierce and independent investigation. Perhaps, these events also indicate towards a possible attempt to pressure the victim to resile from her complaint of April 19, 2019, against the CJI alleging sexual harassment. The above events suggest that efforts may be afoot in this direction. Will they succeed? Only time can tell.
• One must remember that the CJI is the master of the roll and has as such distributed judicial work, including sensitive and political matters, to select Benches since October 2018 till date.
• How far his actions or inaction were influenced by this sordid episode, one will never know. • This saga does no service to the Supreme Court, and to the administration of justice and to the rule of law. Therefore, one only hopes that other honourable judges of the Supreme Court will step in to stop further rot and to ensure justice to the victim.

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