Chinese Fugitive Researcher In US Police Net For Spying

The Chinese fugitive researcher, who had been hiding in the Chinese consulate in San Francisco following visa fraud allegations is now in US custody, senior US government officials said on Friday, adding that Beijing is using its diplomatic missions to run an espionage network to steal intellectual property from American universities, research centres and businesses.

Tang Juan, the scientist who said that she was focusing on biology, “was a fugitive from justice until last night,” a senior Justice Department official was quoted by CNN as saying. While Tang has been charged, the circumstances of her arrest were unclear. However, she has not been charged with espionage.

The development came hours before the US’ deadline for China to shut down its consulate in Houston, leading to a retaliatory move from Beijing by demanding Washington to shutter its consulate in Chengdu.

Earlier this week, prosecutors said that Tang hid her connection to the Chinese military for entering the US, by lying to federal prosecutors about her links and subsequently took refuge at the Chinese consulate in San Francisco to evade arrest.

During an interrogation with FBI agents on June 20, “Tang denied serving in the Chinese military, claimed she did not know the meaning of the insignia on her uniform, and that wearing a military uniform was required for attendance at FMMU (Fourth Military Medical University) because it was a military school,” attorneys wrote in a July 20 court filing.

The agency “discovered photographs of her in the uniform of the Civilian Cadre of the Chinese People’s Liberation Army (PLA)” and she was employed as a researcher at FMMU during a search at her home and electronic media.

Tang was charged with one count of visa fraud on June 26.

US officials also said that the Chinese consulate in Houston was implicated in a fraud probe at a Texas research institution. They noted that consulate officials “were directly involved in communications with researchers and guided them on what information to collect”, CNN reported.

The activities in Houston “are a microcosm, we believe, of a broader network of individuals in more than 25 cities. That network is supported through the consulates here,” the Justice Department official said.

“Consulates have been giving individuals in that network guidance on how to evade and obstruct our investigation. You can infer from that the ability to task that a network of associates nationwide,” the official added.

A senior State Department official told CNN that the idea to shut the Chinese consulate in Houston came this spring after China interfered when US officials returned to the consulate in Wuhan, which was shut due to the COVID-19 pandemic, to retrieve diplomatic materials.

In a blatant violation of the Vienna Convention, which governs diplomatic relations, Chinese authorities refused to allow the US officials to leave Wuhan with the pouches, arguing that they had to search them before leaving. This incident left US Secretary of State Michael Pompeo irate, the official said.

“By their very nature, consulates are a base of operations for foreign governments in the United States, including the intelligence services,” the senior Justice Department official said, but “the sum total of the Houston consulates activities went well over the line of what we are willing to accept”.

The official stressed that although the activity of concern is illegal, it is “not necessarily amenable to criminal charges, among other reasons because of the diplomatic immunity that consulate officials enjoy”.

“You are not necessarily going to see many prosecutions tied specifically to the Houston consulate as a means of disrupting that activity. That tool just is not as available to us in this context as it would be elsewhere,” the official said in a call with reporters.

The US gave China until Friday afternoon to shut the Houston consulate. The Justice Department official said that unless Washington “disrupted” the activity at the facility, it “threatened to become even more aggressive in Houston and at other Chinese consulates nationwide”, according to CNN.

“Our focus is on disrupting this activity out of Houston as well as deterring similar activity by Chinese officials and other consulates. Closing the Houston consulate and presenting relocation of those officials accomplishes both of those goals,” the officials said.

A senior intelligence official who took part in the briefing for reporters said that the sheer scale of China’s activity meant that the US is “not going to arrest our way out of” the challenge posed by Beijing’s espionage activities. “The problem posed by China is too large, so we’ve changed our tack to focus on communication and understanding,” they said.

The official noted that the US has seen a 1,300 per cent rise “in cases related to economic espionage and China over the last 10 years.” The increase is due to enhanced communication and understanding of the threat,” rather than a marked spike in Chinese activity, the official added.

“China has always been doing this,” the intelligence official was quoted as saying, adding that Washington had only begun to gauge the depth and breadth of the recruitment efforts in the last three years or so.

The official said that the FBI has “about 2,000 active counterintelligence investigations tied to China, and we open a new case about every 10 hours”.

On the other hand, the senior Justice Department official said that “of all the cases we have brought over time alleging the theft of trade secrets, about 60 per cent of those cases have some connection to China”. The official added in 80 per cent of those cases, Washington has “the unclassified proof that allows us to allege that the crime was intended to benefit a government”.

“We have, over time, seen consistently that China, as well as the companies doing business there, represent a disproportionate share of our trade secrets and economic espionage prosecutions,” they said.

As the US ordered the Chinese consulate in Houston to be shut, a rattled China, fearing further actions from Washington, told the US Embassy in Beijing that it was withdrawing consent for the establishment and operation of the US Consulate General in Chengdu.

Wang Wenbin, a spokesperson for the Chinese Foreign Ministry, claimed that US consular personnel in Chengdu were “interfering” in China’s internal affairs and “harming” the country’s national interests.

In the backdrop of rising US-China tensions, Secretary of State Michael Pompeo, in an address at the Richard Nixon Presidential Library in California, said on Thursday (local time) that “distrust and verify” will be the new approach by Washington with regard to its dealing with Beijing.

He called on countries to pressurise the Chinese Communist Party (CCP) to change its behaviour in more “creative and assertive ways”. (ANI)

‘Xinjiang Another Bangladesh Waiting To Happen’

Xinjiang is likely another Bangladesh waiting to happen with a population that dreads Chinese Communist Party control and yearns for a stable democratic republic, according to activist Lily Harding.

In an opinion piece in The Kootneeti, Harding writes that Xinjiang also known as East Turkistan is strategically important to China’s economic development goals, however, its people are of no use for its government.

“Like, true colonialists, China views this land and these people in economic terms only. Government officials targeted the most wealthy Uyghurs, putting them in camps, then appropriated their property and bank accounts. They even sought to make money off of the very bodies of these people by sex trafficking them, selling their hair to Americans, and marketing their organs to rich Saudis and organ tourists,” says Harding.

She adds that East Turkistan is likely another Bangladesh waiting to happen, with a population that dreads CCP control, and yearns for a stable, democratic republic. “This would also give India a better neighbour than China,” she adds.

Harding’s comment is with reference to the Bangladesh Liberation War which started in 1971.

The armed conflict broke out after the Pakistani Army began to commit the barbaric genocide on innocent Bengali population, particularly the minority Hindu population in then East Pakistan (Bangladesh).

The Uyghurs, a Turkic-speaking minority from Central Asia, are a distinct ethnic group from Han Chinese, with Urumqi being closer to Kabul than Beijing.

In 2009, the most infamous riots broke out in the streets of Urumqi, Xinjiang which pitted Uyghur Muslims against Han Chinese.

The activist says the CCP government has turned the entire region into a highly controlled, open-air prison after the Urumqi riots in 2009.

“Facial recognition cameras were put up every six to ten meters pointing in multiple directions. There was nowhere you could go in East Turkistan that was not monitored and recorded. Groups of police officers stood on the sidewalks and demanded that passersby give them their cell phones to scan,” she writes.

Harding, who had lived in Xinjiang’s Urumchi, before escaping the country, explains the tough control and restrictions imposed in the region in order to monitor the population.

“I was living in Urumchi, Xinjiang’s capital where everyone was missing someone in their family. People whose families were not from Urumchi were missing at least half of their adult family members. Whole families had their homes demolished and then disappeared,” she says.

She says she could save herself from police officers monitoring everybody by keeping her head down and staying low key.

“The police were everywhere. People were very frightened. If the police found something they didn’t like on your phones such as religious apps or foreign apps or a VPN, they would go to your house a week or two later, and you would disappear. There was nowhere to hide. They spied using every form of technology they had. China used your phone’s GPS to track you, all your apps, and they have thousands of employees that keep track of this information,” Harding says.

The activists also speaks about her friend who disappeared in January 2018.

“She was Uyghur and openly a Christian. I have not seen or heard from her since, but I did receive word that she was released last fall, I now assume that she is in forced labour,” the activist said.

Harding called upon the world to recognize their struggle for autonomy, human rights, equality, and independence and will help establish democracy in East Turkistan by diplomatically recognizing their in-exile government

“The people of East Turkistan wish to be able to live their lives in peace. Most of the world has turned their backs on them for the promise of Chinese money. We need to help them build a better future,” she adds.

(ANI)

Diplomatic Win: Canada Snubs ‘Punjab 2020 Referendum’

Sikh leaders and experts have deemed it a diplomatic victory for New Delhi after the Canadian government snubbed ‘Punjab 2020 Referendum’ by a US-based secessionist group that seeks a separate homeland of Khalistan for Sikhs in India.

Responding to queries from ANI regarding the Canadian government’s stand on the so-called referendum scheduled for November this year, a spokesperson of the country’s Foreign Ministry stated in an email response that Canada respects the sovereignty, unity and territorial integrity of India, and the Government of Canada will not recognize the referendum.

Reacting on the developments, DGP, Punjab (Retd.), Shashi Kant told ANI, “I don’t call it a referendum because referendum only happens within the geographical limits of any country. Sitting here, we can’t do a referendum on the sovereignty of the USA, United Kingdom or any other country. That is not correct”.

He added, “Again, the point is the statement by the Canadian government that they will not recognise the `Referendum 2020′ by a US-based organisation. This is a big victory for the Government of India’s foreign policy which shows that it’s paying dividends. The other countries are very much respecting India’s sovereignty”.

Shashi Kant, a Punjab cadre IPS officer, who served in several positions in his career before retiring in 2012 as DGP said, “The Canadian government has had a stand of non-interference in the matters of ethnic and religious groups. The non-interference remained till the activities did not pose a threat to Canada’s sovereignty, integrity and security. The recent statement is very balanced vis-a-vis foreign policy. It is in accordance with the foreign policy and adopted national policy of the Canadian government”.

Maninderjeet Singh Bitta, the chairman of the All-India Anti-Terrorist Front said, “Referendum 2020' is nothing butpropaganda by Pakistan’s ISI, which is backing and funding them”.

He said, “The Sikhs abroad are much closer to their religion and have promoted Sikhism the world over. If few people speak in favour of Khalistan, it doesn’t mean that the entire Sikh community is supporting them”.

“It is good news that Canada has made such a statement. I am really thankful to the Canadian government for this. Wait for some time; you will soon get similar statements from the UK and the USA. If all countries impose a ban on them, it will come to an end. We want these countries to hand over such anti-India elements to the Indian authorities so that they can be brought to justice,” Bitta said further.

He added that Prime Minister Narendra Modi is making no compromise in dealing with such things. “He has been doing a lot for the Sikh community. Be it the opening of Kartarpur Corridor or removing the names of Sikhs living abroad whose names are removed from the blacklist”, he said.

Meanwhile, an MLA from Punjab’s Kharar, Kanwar Sandhu said, “As far as Indian Constitution is concerned, there is no provision to carry out a referendum in any part of the country. Any such move is nothing but propaganda and the Canadian government is absolutely right in saying what they have said. And I have a feeling that no duly elected democratic government would recognise this and whosoever tries to recognise such a thing will lose their own credibility”.

He told ANI, “I personally feel that there is no such movement in Punjab. These people who are indulging in this propaganda are actually doing a tremendous amount of damage to the Punjabiyat and the Sikh community. Youth, who do not know what this is about, maybe supporting it, knowingly or unknowingly, wittingly or unwittingly, or maybe associating with some people who are associated with this thing and in the process, they are being booked under Unlawful Activities (Prevention) Act”. (ANI)

Rajasthan HC Nixes Action Against MLA Sachin Pilot

The Rajasthan High Court on Friday directed to maintain ‘status quo’ on the disqualification proceeding against former Deputy Chief Minister Sachin Pilot and 18 other MLAs of his camp pending before the State Assembly Speaker.

“The court has given a status quo order on the July 14 order of the Rajasthan Legislative Assembly Speaker. The court has observed that the petitioners’ prayer numbers 3 and 4, which seek to allow them to continue as MLAs, does not come under its jurisdiction,” advocate Prateek Kasliwal, lawyer of Assembly Speaker CP Joshi told reporters here.

He also said that the High Court has made the Central government a party in the case.

“The court has also directed to complete the pleading in the matter. The final hearing will take place after the pleading completes and an early listing application is moved. The High Court will only hear the matter related to whether the notice issued by the Speaker was right and whether Schedule 2 (1) (A) is Constitutional,” Kasliwal said.

The lawyer said that the matter will now be taken up by the Supreme Court.

Earlier, Rajasthan High Court asked Assembly Speaker CP Joshi to defer the proceedings pending before him on the disqualification notices issued to Pilot and 18 MLAs of his faction and put off the verdict on the matter till July 24.

On Thursday, the Supreme Court held that the Rajasthan High Court can pass an order on former Deputy Chief Minister Sachin Pilot and other MLAs’ plea against disqualification notice issued against them by the State Assembly Speaker.

Joshi had approached the top court with an SLP against the interim order of the Rajasthan High Court, which had on Tuesday asked Speaker CP Joshi to defer the proceedings pending before him on the disqualification notices issued to Pilot and 18 MLAs, and put off the verdict on the matter till July 24.

The notices were issued to Pilot and 18 MLAs under the anti-defection law after the chief whip’s application for their disqualification. They were earlier asked to present before the Assembly Speaker on July 17, but the same was deferred in view of the hearing before the High Court.

The development had come as Rajasthan Congress is in turmoil after simmering differences between Pilot and Chief Minister Ashok Gehlot came out in the open. (ANI)

China Terms US Claims On Spy Balloon ‘Hysterical, Absurd’

China Tells US To Shut Its Consulate In Chengdu

China has ordered the United States to close its consulate in the southwestern city of Chengdu in retaliation after the US ordered the shut down the Chinese Consulate in Houston, reported South China Morning Post.

Tensions flared up after the US asked China to close its Consulate General in Houston in 72 hours. China had vowed to respond to the “political provocation unilaterally launched by US side.”

Relations between two countries have worsened over several issues in the recent past.

The US maintains five consulates on the Chinese mainland – in Guangzhou, Shanghai, Shenyang, Chengdu and Wuhan – as well as a consulate general for Hong Kong and Macau.

Earlier, the US State Department had ordered China to close by Friday its consulate in Houston, Texas, over accusations that it engaged for years in massive illegal spying and influence operations in the US.

The two countries have sparred over a range of issues in recent times — China’s move to impose national security law in Hong Kong, its human rights violation in Xinjiang and territorial aggression in the South China Sea — have all drawn fierce criticism from Washington.

In the backdrop of rising US-China tensions, Secretary of State Michael Pompeo on Thursday (local time) said that “distrust and verify” will be the new approach by Washington with regard to its dealing with Beijing.

He called on countries to pressurise the Chinese Communist Party (CCP) to change its behaviour in more “creative and assertive ways”.

“The only way to truly change communist China is to act on the basis of what its leaders do, not what they say. (Former) President (Ronald) Reagan dealt with the Soviets on the basis of ‘trust but verify.’ When it comes to the CCP, I say, ‘Distrust and verify’,” Pompeo said while speaking on ‘Communist China and the Free World’s Future’ at Richard Nixon Presidential Library in Yorba Linda, California. (ANI)

India’s Covid Tally Gets Close To 13-Lakh Mark

India reported the highest single-day spike of 49,310 coronavirus cases on Friday, according to the Union Ministry of Health and Family Welfare.

The total COVID-19 positive cases stand at 12,87,945 including 4,40,135 active cases, 8,17,209 cured/discharged/migrated.

With 740 deaths in the last 24 hours, the cumulative toll reached 30,601.

Maharashtra has reported 3,47,502 coronavirus cases, the highest among states and Union Territories in the country. A total of 1,92,964 cases have been reported from Tamil Nadu till now, while Delhi has recorded 1,27,364 coronavirus cases.

According to the Indian Council of Medical Research (ICMR), 3,52,801 samples were tested for coronavirus on Thursday and overall 1,54,28,170 samples have been tested so far. (ANI)

China-Pak Covert Deal For Bio-Warfare Against India

As part of a broader offensive against India and Western rivals, Pakistan and China have entered a secret three-year agreement to expand potential bio-warfare capabilities, including several research projects related to the deadly agent anthrax, the Klaxon reported citing multiple intelligence sources.

China has been criticised for handling of coronavirus pandemic with speculations that disease could have emerged from Wuhan Institute of Virology, though most experts have discounted the theory.

According to the report authored by Anthony Klan, the same lab has signed the covert deal with Pakistan military’s Defense Science and Technology Organization (DESTO), to collaborate research in “emerging infectious diseases” and advance studies on the biological control of transmitted diseases.

As per the intelligence sources cited by The Klaxon, they have serious concerns about the covert project which involves China testing biological agents outside its borders to minimize the “risk of drawing condemnation from the international community”.

China has been accused over its opaqueness in the handling of coronavirus as crucial information of the lethal virus was not revealed in the early days of the outbreak which could have helped the pandemic to be tackled more effectively.

The infamous Wuhan Lab had “lent all financial, material and scientific support for the project”. The program being entirely funded by China is formally titled “Collaboration for Emerging Infectious Diseases and Studies on Biological Control of Vector Transmitting Diseases”, according to the report.

One senior intelligence source was quoted as saying that DESTO has been engaged in various dual-use research projects related to anthrax under a covert biological weapons program.

The Klaxon report said the “covert China-Pakistan project has conducted “successful soil sampling tests” to isolate Bacillus Thuringiensis (BT), which has a “striking similarity” to Bacillus Anthracis – or anthrax.”

“Considering the striking similarity between BT and Bacillus Anthracis, a classified bio-warfare agent, (Pakistan’s) improved know-how in handling the bacteria could enrich a potential offensive biological program,” a source was quoted as saying.

The Wuhan Lab has provided Pakistan with reagents for Bacillus Thuringiensis. It was also providing “extensive training on the manipulation of pathogens and bio-informatics” to Pakistani scientists “to help Pakistan develop its own virus collection database”, said the report.

According to an intelligence source cited by the outlet, this could help Pakistan “enhance its capability of genetic identification of viruses, access to dangerous microorganisms, and use of genomic tools for research and infectious diseases.”

The secret project was “detached from supervision of civilian universities or government health departments in Pakistan” and was structured so as to allow unspecified operations, the report said.

A source was quoted as saying that the agreement “clearly outlines that the cooperation is not necessarily limited to stated objectives” and “new thematic research to monitor potential new diseases can be added by either party”.

China’s involvement in the project is being viewed by India and key western intelligence agencies as being “driven chiefly by its agenda to engage Pakistan against India,” a security expert told The Klaxon on condition of anonymity.

“China’s keen interest in the project is driven chiefly by its agenda to engage Pakistan against India and to conduct potentially dangerous experiments on foreign soil, without subjecting its own land and people to risk,” the expert said.

The plan, according to the report, was a part of a move by Beijing to “designate Pakistan a destination for hazardous bio chemical research” while “evading use of its own territory for such activities”, which “stand the risk of drawing criticism and condemnation from the international community”.

Sources told The Klaxon that the China-Pakistan biological project had already undertaken experiments on the Crimean-Congo Hemorrhagic Fever Virus (CCHFV), a rapid-onset fever virus that causes death in about 25% of cases and is similar to the Ebola virus.

Pakistan is allegedly carrying out tests on CCHFV in laboratories which are not equipped to handle Bio-Safety Level-4 diseases, the report stated.

The threat of biological warfare has grown considerably in recent years with experts warning that China is heavily involved in DNA research that could potentially enable a biological weapon to target, or be ineffective against, people of specific races.

Intelligence sources cited by The Klaxon said there were concerns the Wuhan Institute of Virology had also established the Institute of Medical Biology in Kunming, in China’s southern Yunnan province.

There were concerns the Kunming facility, which is controlled by the Chinese Academy of Medical Sciences, was also handling class-4 diseases without proper protections, the report said.

According to latest data from the Johns Hopkins University, there has been 15,439,456 cases of coronavirus worldwide, while the fatalities related to the virus has risen to 631,926. (ANI)

Transgenders Perform Kolattam Dance For Covid Awareness

Members of the transgender community in Tamil Nadu’s Chennai performed Kolattam folk dance on Thursday to raise awareness about COVID-19.

The performance was organised by Sahodaran, a community-based transgender organisation, in collaboration with the Greater Chennai Corporation.

“We are an organisation that focuses on lesbian, gay, bisexual, intersex and queer (LGBTIQ) rights and sexual health. During this lockdown, we have decided to also spread awareness about COVID-19. During the last two months, we have organised awareness and prevention programmes across Chennai city. Kolattam is one of the most historical dances of our state and people warmly welcomed us and many have enjoyed our performances,” Jaya, General Manager of Sahodaran told ANI.

She said they have so far performed in zones 9 and 11 of the city.

Tamil Nadu now has a total of 1,92,964 COVID-19 cases, including 52,939 active cases, 1,36,793 recoveries/discharges and 3,232 fatalities, the state’s health department said. (ANI)

Higher Job Quotas For Locals Can Adversely Hit Society & Economy

The first reaction to the government of Haryana’s recent stipulation of reserving jobs in the private sector for people domiciled in the state has predictably come from employers. Private sector companies fear that the new rule—encapsulated in an ordinance—will, by hindering their recruitment efforts, hamper their ability to get workers with appropriately high skills. To be sure, the Haryana government’s decision was influenced by pre-election promises by one of the BJP-led coalition’s partners, Deputy Chief Minister Dushyant Chautala’s Jannayak Janta Party (JPP).

The Haryana ordinance stipulates that 75% of all new recruitment by companies based in or operating in the state have to be people who are domiciled in the state. The rule will apply to jobs that pay a salary of Rs 50,000 per month or less. Industries operating in the state have already made a plea to the government to reconsider the move but by all reckoning that is unlikely to happen.

Moves such as Haryana’s aren’t new in India. Last year, a Maharashtra minister from the Shiv Sena party demanded that 100% of jobs in private companies in his state ought to be reserved for local youth. A year ago, Andhra Pradesh passed a law to reserve 75% of jobs for youths belonging to the state. States such as Assam, Odisha and Madhya Pradesh have been contemplating similar laws. And in southern Indian states, which have witnessed substantial migration of workers from northern India, similar sentiments have begun showing up.

WATCH: ‘Local Quota Law A Black Day For Haryana Inc’

The call for protection or reservation of local youths’ jobs is obviously a populist move, and political parties are often motivated by the electoral objectives of garnering votes. But it is also a sign of nativism, a policy of protecting the interests of native-born or established inhabitants against those of immigrants. It also reeks of jingoism and xenophobia, and while employers are understandably upset by such protectionist policies, the inherent harm that such policies can do run deeper.

India’s Constitution guarantees individuals the right to freedom of movement within India and the right to seek employment anywhere within the country’s territory. Its various articles also specify that there can be no discrimination on the basis of where one is domiciled or born when it comes to employment. In that regard, the recent moves in various states to reserve private sector jobs for locals may seem unconstitutional and something that eventually the judiciary may have to take up.

Nativist movements are not new in India. In the past decades, local parties such as the Shiv Sena in Maharashtra; the DMK in Tamil Nadu; the Akali Dal in Punjab; and several other smaller regional parties have expressed sentiments against inter-state immigration. Even in Bengal, a relatively obscure party, Amra Bangali, has for long demanded, among a long list of other things, 100% reservation of jobs for Bengali youth.

Curiously, inter-state immigration is not of a huge scale in India. One study based on census data shows that on an average not more than 10% of workers in a district are from another state. In some states, the proportion is much lower. Also, seasonal migration has been common in many states. During harvest time or other labour-intensive seasons, northern states such as Punjab and Haryana depend heavily on workers who migrate from the eastern states of India. Many of the stranded migrant workers whose plight was highlighted when the Indian government announced a lockdown across the country after the outbreak of the Covid pandemic were agricultural and construction workers who routinely migrate out of their states to seek casual or seasonal employment.

Diversity in India is unlike in most other countries. Its population of 1.3 billion is hardly homogenous. Besides being diverse in terms of language, food, and culture, there are sharply contrasting economic disparities between states. But every Indian citizen has a right to decide where he or she would like to live; work; or settle down. Curbs such as Haryana’s new law would seriously hinder that right. But they would also impair economic development and equitable growth.

WATCH: Manesar Labourers Mourn Loss Of Jobs

The short-term political gains of a move such as Haryana’s reservation policy are obvious. Appeasement of local youth could help in ensuring the government’s re-election once its term is completed. And, of course, if jobs are reserved for them, the future of local unemployed youth could brighten. But consider this. Haryana is among one of the India’s states that attracts substantial private sector investment—mainly because it has cities such as Gurgaon that have quickly become hubs for technology, automotive, and financial services companies. If employers are restricted by a reservation norm some of them could consider shifting out of the state.

Also, for people living in economically weaker states where employment opportunities are limited such restrictions could have adverse economic impact. Moreover, if more and more states follow in the footsteps of Haryana and Andhra Pradesh, what would it make of India’s much touted claim of having harmony in diversity? Would it lead to greater intolerance between communities and regions? Would it foster more inter-state jingoism? And, could it, conceivably, threaten the democratic structure that is at the heart of the country?

There is also the matter of the Constitution and the freedom it ensures for Indian citizens. The spawning of policies that are inherently anti-immigrant in nature could seriously impinge on that freedom. It is perhaps time for the courts to examine these issues before they grow into a full-blown crisis.

Supreme Court

SC Refuses To Intervene Into Rajasthan HC Proceedings

The Supreme Court on Thursday held that the Rajasthan High Court can pass an order on former Deputy Chief Minister Sachin Pilot and other MLAs’ plea against disqualification notice issued against them by the State Assembly Speaker.

A three-judge bench of Justice Arun Mishra, Justice BR Gavai and Justice Krishna Murari refused to intervene in the proceedings before the Rajasthan High Court in the matter.

The bench, which was hearing an SLP filed by the State Assembly Speaker CP Joshi against the interim order of the Rajasthan High Court in the matter, said the High Court order will be subject to the final outcome of the plea before the top court.

Senior advocate Mukul Rohatgi, appearing for Sachin Pilot, said that if the Speaker can himself agree to defer twice, why can’t he wait for another 24 hours?

Senior advocate Harish Salve, who was also appearing for Pilot and the other MLAs, also argued that the Speaker had deferred the proceedings before him on his own twice in the past.

“Issues of jurisdiction and maintainability have been argued before the High Court. Having appeared and argued there, why should Speaker now ask High Court not to decide?” Salve said.

The apex court observed that these are important questions relating to democracy. “How will democracy function? These are very serious issues. It’s not just about the disqualification of some persons. We want to hear it,” the bench said.

Appearing for Assembly Speaker CP Joshi, senior lawyer Kapil Sibal submitted that the court cannot direct the Speaker to extend the time for the MLAs to file their replies on the anti-defection notices.

“It is not in the jurisdiction of the court. The Rajasthan High Court was wrong in issuing a direction to the Speaker. This is against settled law on this point. The High Court had no jurisdiction until Speaker decided on the plea of Pilot and other MLAs’ anti-defection proceedings,” Sibal submitted.

Justice Mishra asked Sibal if a person elected by the people cannot express his dissent. “Voice of dissent cannot be suppressed. In a democracy can somebody be shut down like this?” Justice Mishra said.

Joshi had approached the top court with an SLP against the interim order of the Rajasthan High Court, which had on Tuesday asked Speaker CP Joshi to defer the proceedings pending before him on the disqualification notices issued to Pilot and 18 MLAs of his faction, and put off the verdict on the matter till July 24.

The Speaker had earlier sent notices to Pilot and 18 MLAs under the anti-defection law after the chief whip’s application for their disqualification. MLAs were earlier asked to present before Assembly Speaker on July 17, but the same was deferred in view of the hearing before the High Court.

The development had come even as Rajasthan Congress is in turmoil after simmering differences between Pilot and Chief Minister Ashok Gehlot came out in the open. (ANI)