Vol. 67 No. 149 | FRIDAY | MARCH 22, 2024 | 29 Pages | `5 & for Pune `6 only Quality at Value www.freepressjournal.in MEMBER: AUDIT BUREAU OF CIRCULATION EDITIONS: MUMBAI*, Pune, Nashik, Konkan, Indore, Bhopal, E-paper Actress celebrates her special day with the paparazzi RANI MUKERJI’S 46TH BIRTHDAY EDIT CONGRESS TICKETS GO ABEGGING PYAALA CHHALKA PE, VC INVESTMENTS FALL TO USD 2.2 BN IN FEBRUARY 2024 On a month-on-month basis PE, VC investments have witnessed a decline of 67% 12% CUT: THE CASE AGAINST KEJRIWAL Arrested by ED, Delhi CM’s cup runneth over GAURAV VIVEK BHATNAGAR NEW DELHI Aam Aadmi Party chief Arvind Kejriwal has the dubious distinction of being the first sitting chief minister to be arrested in the history of Independent India. In a seismic development, just weeks ahead of the Lok Sabha election, Kejriwal has been arrested by the Enforcement Directorate in the alleged liquor policy scam.  His deputy is already languishing in the prison in the case without bail. The arrest was preceded by his questioning for two hours MIDNIGHT KNOCK AT SC DOOR COMES TO NAUGHT FIRST SITTING CM TO BE ARRESTED IN FREE INDIA by an ED team at his official residence, the denial of relief by the Delhi high court earlier in the day and a midnight knock at the portals of the Supreme Court which came to naught. He was denied an urgent night-time hearing and the matter is likely to find a mention in the Supreme Court on Friday . The first of the jolts came when the Delhi High Court refused to grant Kejriwal interim relief from any coercive action with the two-judge bench observing that “at this stage, we are not inclined (to pass any order’’). The Delhi CM had filed a petition in the court challenging the summons issued to him by the Enforcement Directorate. He had until then failed to respond to nine of them. In a clear statement of intent, the Aam Aadmi Party said minutes after Kejriwal was arrested that he will continue as the Delhi Chief Minister and discharge his duties from jail. CONTD. ON NATION What is it that Enforcement Directorate wants to know from Kejriwal? GAURAV VIVEK BHATNAGAR / NEW DELHI The Delhi liquor policy case, in which chief minister Arvind Kejriwal has been summoned multiple times by the Enforcement Directorate, has thus far led to the arrest of 15 people and has seen the agency conduct nearly 250 searches across the country . While Aam Aadmi Party and some other opposition parties have termed it a witch-hunt, the fact remains that so far most of the accused – including former Delhi deputy CM Manish Sisodia and Rajya Sabha MP Sanjay Singh -- have not been GRILLED FOR TWO HOURS BY TEAM OF 12 ED SLEUTHS able to secure bail in the case. The case pertains to the Delhi government's excise policy for 2021-22. It was alleged that licences were granted to liquor traders in a way that they allowed cartelisation and favoured certain dealers who had allegedly paid bribes. Though the policy was later scrapped, Delhi Lieutenant Governor V Saxena had recommend.K. ed a CBI probe, following which the ED had registered a case under the Prevention of Money Laundering Act (PMLA). CONTD. ON NATION EC halts Viksit Bharat messages FROM OUR BUREAU / NEW DELHI T CJI V/S TN GUV Governor pulled up for ‘defying the Supreme Court of India’ by refusing to re-induct minister whose conviction was stayed by the top court ONLINE REPORT / NEW DELHI The Supreme Court on Thursday said it was seriously concerned about the conduct of the Tamil Nadu Governor RN Ravi who has refused to re-induct Dravida Munnetra Kazhagam (DMK) leader K Ponmudi into the State cabinet even after his conviction in a criminal case was stayed by the top court last week. A bench of Chief Justice of India (CJI)  DY Chandrachud  with Justices  PardiJB wala  and  Manoj Misra  pulled up the Governor saying he was "defying the Supreme Court of India" by his actions. It further said that when a conviction is stayed by a court, the Governor has no business to say otherwise. ‘‘Our order only has to be implemented,"  the court said mincing no words, reports Bar and Bench. The court further asked how a constitutional functionary can act like this and reiterated that Governor was the only a titular head who is expected to carry out the elected government's decisions. ‘‘He has the power to counsel (the government). That is all," the CJI said. CONTD. ON NATION No tinkering with EC appointment OUR BUREAU / NEW DELHI The Supreme Court on Thursday dismissed applications seeking a stay on the appointment of two new election commissioners, saying it would lead to "chaos" and "uncertainty" as the elections are round the corner. Observing that the Election Commission is not under the "thumb of executive", the apex court also refused to grant any interim stay on the operation of the Chief Election Commissioner and other Election Com- missioners (Appointment, Conditions of Service and Terms of Office) Act, 2023. The top court said it will examine the main petitions challenging the validity of the 2023 Act and asked the Centre to file its response within six weeks and posted the matter for hearing on August 5. "At this stage, we cannot stay the legislation or suspend its operation. It would lead to chaos and uncertainty and we cannot do it (stay) by way of an interim order. CONTD. ON NATION he Election Commission on Thursday directed the Ministry of Electronics and Information Technology to immediately halt delivery of PM Modi's letter on the Viksit Bharat messaging over WhatsApp and sought its immediate compliance report. The Ministry had informed the EC on March 16 in a letter that the WhatsApp messages were sent on March 15, before the elections were announced. The EC told the Ministry that it had received “complaints from various quarters that such messages are still being delivered on citizens’ phones.” “Since the MCC is now in force, you are hereby directed to ensure forthwith that no further delivery of ‘WhatsApp messages’ takes place during Model Code of SC STAYS GOVT’S FACT-CHECK NOTIFICATION Caesar can’t judge Caesar OUR BUREAU / NEW DELHI The Supreme Court on Thursday stayed the notification issued by the Central government forming Fact Check Units under the 2023 Information Technology amended rules. The  amended rules provide that the Union Ministry of Electronics and Information Technology can notify a factchecking body which is em, powered to identify and tag what it considers false or fake online news with respect to any activity of the Central government. A bench of Chief Justice of India DY Chandrachud with Justices  JB Pardiwala and Manoj Misra took the view that the challenge to the validity of IT Rules involves serious constitutional questions and its impact on free speech and expression would need to be analysed by the Bombay High Court. Hence, it proceeded to stay the notifica- tion setting up FCU. The issue reached the top court after a third judge of the Bombay High Court refused to stay implementation of the unit. The issue had reached the third judge after a 2-judge bench delivered a split verdict. The amended IT Rules 2023 state that intermediaries like social media platforms will have to make "reasonable efforts" to ensure that the users do not upload information about the Centre "identified as fake, false or misleading." An organisation appointed by the government will be the arbiter of such content, and if intermediaries do not comply with the organisation's decision, they may lose their safe harbour status under Section 79 of the IT Act, 2000. The court was hearing petitions filed by stand-up comedian Kunal Kamra, the Editors Guild of India, and the Association of Indian Magazines seeking stay on the notification of FCUs. CONTD. ON NATION LAST WORD Body massagers are not adult sex toys: HC URVI MAHAJANI / MUMBAI Observing that a body massager cannot be categorised as an adult sex toy and hence cannot be included in the list of items prohibited for import, the Bombay High Court has quashed the Customs order confiscating consignments of body massagers. The court also remarked that the opinion that a body massager could be used as an adult sex toy was clearly a figment of the imagination of the commissioner of customs. In April 2022, the commis-   Holding that ‘the opinion that a body massager can be used as an adult sex toy is clearly a figment of imagination of the commissioner of customs’, court quashes customs’ order confiscating consignments in April 2022 sioner of customs, as an adjudicating officer, refused to clear the consignment containing body massages, noting that they were adult sex toys and hence prohibited for import as per the customs notification issued in January 1964. Aggrieved, the parties had approached the Central Excise and Service Tax Ap- pellate Tribunal which, in May 2023, had set aside the customs commissioner’s order. The customs department challenged this before the HC. The HC said that the findings recorded by the commissioner are “peculiar and clearly appear to be quite astonishing and too far-fetched, when he reduces in writing his vivid imagination on what equipment for a body massage would be and more particularly on his percep, tion on the perceived uses”. ‘‘It was clearly the figment of the Commissioner’s imagination and/or his personal perception that the goods are prohibited items,” a bench of Justices Girish Kulkarni and Kishor Sant said on Wednesday . It also added that the body massagers were traded in domestic markets and were not regarded as prohibited items. CONTD. ON NATION Conduct (MCC) period. A compliance report in this regard may be sent immediately the EC said. ,” The Trinamool Congress had on March 18 raised the issue, saying it was a violation of the Model Code of Conduct that came into effect from the announcement of Lok Sabha elections on March 16. In a letter to the MeitY Secretary S. Krishnan, TMC MP Saket Gokhale had said on March 18 that millions of WhatsApp users had received the letter from an account named “Viksit Bharat Sampark” registered by the Ministry after the MCC came into effect. He had asked the secretary to state what database was used for disseminating the letter, since users outside of India too reported receiving the letter. “The message contained a letter from PM Modi & was open and unabashed propaganda and marketing for Modi & the BJP. Here’s the catch: thanks to the usual incompetence of the Modi Govt, a majority of these messages were received by people AFTER 4:30pm on 16th March. This is the time when the election Model Code of Conduct came into force (sic),” Gokhale said on X. 3 SITTING MLAs IN CONG LIST FPJ NEWS SERVICE / MUMBAI The All India Congress Committee (AICC) on Thursday evening released its first list of seven candidates for the Lok Sabha elections. There are three sitting MLAs in the list. Prominent among them is Praniti Shinde, who was elected thrice to the legislative assembly from Solapur city central seat. She enjoys the political advantage of being the daughter of senior Congress leader and exUnion minister Sushilkumar Shinde. She has been fielded from the Solapur reserved seat. Praniti had claimed recently that the BJP was wooing her, but she had resisted the overtures. The BJP of , course, had denied her claim. The other key nominee is Shahu Shahaji Chhatrapati who belongs to the royal family of Kolhapur with which the local populace has strong emotional ties. Gowaal K. Padavi is the nominee for Nandurbar, which is reserved for the ST community It is con. sidered a safe seat given the traditional base of the Congress among tribals. Balwant Wankhede will most likely be pitted against Navneet Rana, now with the BJP in Amravati, the SC re, served seat. Vasantrao Balwantrao Chavan will face the electorate in Nanded, where ex-CM Ashok Chavan has a strong base despite his defection to the BJP Ravindra . Hemraj Dhangekar will contest from Pune which the BJP has made a prestige issue by fielding Murlidhar Mohol, a Maratha. CONTD. ON NATION