The Evening Wrap: SC terminates its Committee of Administrators for AIFF, postpones elections

The Supreme Court on Monday directed the termination of the mandate of the three-member Committee of Administrators (CoA) headed by a former apex court judge, appointed by it nearly two months back for managing the affairs of the national football body AIFF, PTI reported. The top court said that it is modifying its earlier orders to facilitate the revocation of the suspension which has been imposed on AIFF by FIFA and the holding of the Under-17 Women's World Cup 2022 in India. The apex court on May 18 had appointed a three-member CoA headed by Justice (retd) Anil R Dave, former chief election commissioner SY Qureshi, former Indian football team captain Bhaskar Ganguly, and ousted the NCP leader Praful Patel-led management committee, which had exceeded its tenure by over two and half years. A bench of Justices DY Chandrachud and AS Bopanna said, “In the event that the above process is not taken to its logical conclusion, the Court would consider any further order at the subsequent stage”. It also postponed the August 28 elections of the AIFF by one week to allow a changed electoral college and the start of the nomination process. The order came on a fresh plea filed by the Ministry of Youth Affairs and Sports seeking modification of the May 18 and August 3 orders of the court after consultation with the international football federation (FIFA) to ensure revocation of the suspension of AIFF and the hosting right for holding of the Under-17 Women’s World Cup 2022 in India. It said, “The day-to-day management of AIFF shall be exclusively looked after by the AIFF Administration led by the Acting Secretary General. The mandate of the Committee of Administrators appointed by the order of this Court stands terminated”. The bench noted that the CoA has already submitted the draft Constitution for the AIFF, together with a tabulated set of suggestions, to this Court on July 15, 2022, and therefore appointed its counsel senior advocate Gopal Sankaranarayanan to assist it as amicus curiae. Former Indian football team captain Baichung Bhutia and CoA opposed modification of the court’s orders and said the court should not terminate the reform process and not come under pressure from threats of FIFA as sacrificing the Under-17 Women’s World Cup now would eventually enable the youngsters of the country, in the long run, to look for the main World Cup. The bench said that it understands the gravity of the situation but cannot sacrifice the world cup scheduled to be held later this year in the larger interest of the country. “Had it been cricket and a world cup would have been cancelled due to the court order, everyone would have targeted us saying there are people who have done this or that. Here, we understand everything and our only concern is that the scheduled Under-17 Women’s World Cup is held in India”, it said. Solicitor General Tushar Mehta, appearing for the Centre, said that there are two “disastrous consequences” the country is facing, if the orders are not modified -- one that India will lose hosting rights of any future football world cup, and second our teams will not be able to play even friendly international matches across the world. He said that it is not that India is being discriminated against but FIFA follows uniform policy across the world against third-party interference. The bench said bearing in mind the importance of the Under-17 Women’s World Cup 2022 tournament being held in India, it is passing the directions on the application. The election programme, which was fixed in pursuance of the order dated August 3, 2022, is permitted to be modified by extending the date of election by one week. “The voters’ list for the ensuing elections shall consist exclusively of representatives of the Member Associations representing the States/Union Territories (35+1 Associations)”, the bench said and excluded eminent players as directed earlier. On August 16, the world football governing body FIFA suspended India for “undue influence from third parties” and said the U-17 Women’s World Cup “cannot currently be held in India as planned”. The country is scheduled to host its first FIFA event from October 11-30, 2022. Manish Sisodia claims BJP approached him with an offer to close all cases if he joins their party Delhi Deputy Chief Minister Manish Sisodia on Monday claimed that he was approached by the BJP with the offer to close all cases against him if he joined their party. Asserting that all the allegations against him were false, Sisodia said he will never bow down before “conspirators and corrupt people”. Sisodia is among 15 people and entities named in an FIR registered by the CBI in connection with alleged irregularities in the implementation of the Delhi excise policy. “I have received a message from the BJP — leave AAP and join BJP. We will ensure that all cases by CBI and ED against you are shut. My reply to BJP — I am a descendant of Maharana Pratap and a Rajput. I am ready to get beheaded but can never bow down before conspirators and corrupt people. All the cases against me are false. Do whatever you want to do,” he said, tweeting in Hindi. The AAP leader’s house was raided on Friday by the CBI over alleged corruption in the Delhi Excise Policy 2021-22. He has stressed that the case against him is an effort to stop the good work being done by CM Arvind Kejriwal-led dispensation and also to put obstacles in the path of the AAP chief who has emerged as an alternative to Prime Minister Narendra Modi. SC agrees to list petition for review of the judgment that upheld PMLA amendments The Supreme Court on Monday agreed to list a petition seeking a review of a July 27 judgment that upheld the core amendments made to the Prevention of Money Laundering Act (PMLA), which gives the government and the Enforcement Directorate (ED) virtually unbridled powers of summons, arrest, and raids, and makes bail nearly impossible, while shifting the burden of proof of innocence onto the accused rather than the prosecution. The review petition was orally mentioned before a Bench led by Chief Justice of India N.V. Ramana. The apex court had called the PMLA a law against the “scourge of money laundering” and not a hatchet wielded against rival politicians and dissenters. “This is a sui generis (unique) legislation… The Parliament enacted the Act as a result of international commitment to sternly deal with the menace of money laundering of proceeds of crime having transnational consequences and on the financial systems of the countries,” a Special Bench of Justices A.M. Khanwilkar (now retired), Dinesh Maheshwari, and C.T. Ravikumar observed in the 545-page judgment. The verdict had come on an extensive challenge raised against the amendments introduced to the 2002 Act by way of a Finance Act in 2019. The three-judge Bench said the method of introduction of the amendments through a Money Bill would be separately examined by a larger Bench of the apex court. Over 240 petitions were filed against the amendments which the challengers claimed to violate personal liberty, procedures of law, and the constitutional mandate. Constitution Bench to hear battle between Centre and Delhi Government for control over bureaucrats A Constitution Bench led by Justice D.Y. Chandrachud will hear the legal battle between the Centre and the Arvind Kejriwal-led Government of Delhi for control over bureaucrats in the national capital. On Monday, Chief Justice of India N.V. Ramana said the case would come up before a Constitution Bench led by Justice Chandrachud. In May, a three-judge Bench led by Chief Justice Ramana had, in a judgment, referred to a Constitution Bench the limited question concerning ‘services’ or bureaucracy for an authoritative pronouncement. Four years ago, another Constitution Bench had unanimously held that the Lieutenant-Governor of Delhi was bound by the “aid and advice” of the popularly-elected Aam Aadmi Party (AAP) government and both had to work harmoniously with each other. It had noted that there was no room for anarchy or absolutism in a democracy. However, the 2018 judgment had not specifically dealt with the issue of ‘services’. The National Capital Territory government had compared its predicament without power over the ‘services’ like that of a king without a kingdom. The situation was such that a “democratic representative government” had to get the approval of the Lieutenant-Governor to appoint a Health Secretary or a Commerce Secretary, it had argued. The 2018 judgment had made it clear that the powers of the Centre and the Delhi Government were collective and coextensive, senior advocate A.M. Singhvi, for the Delhi Government, had submitted. “What collective responsibility will the Delhi Government have without the power to control the transfers and postings of the officers? Federalism is itself being eroded,” the senior lawyer had argued. Solicitor General Tushar Mehta, for the Centre, had argued in favour of referring the issue to a Constitution Bench. The Centre had argued that Delhi, the nation’s capital and a sprawling metropolis, should be under its control. Delhi could not be left to the “small mercies and smaller resources” of a State legislature, the Centre reasoned. On February 14, 2019, a Supreme Court Bench of Justices A.K. Sikri and Ashok Bhushan (both have since retired) had given a split opinion on the question of control over ‘services’ in the capital. While Justice Bhushan had held that the Delhi Government had no power over ‘services’, Justice Sikri, who was the lead judge on the Bench, had opined that files on transfers and postings of officers in the rank of Secretary, Head of Department, and Joint Secretary, could be directly submitted to the Lieutenant-Governor. As far as DANICS (Delhi Andamans Nicobar Islands Civil Service) cadre was concerned, the files could be processed through the Council of Ministers led by the Chief Minister to the Lieutenant-Governor, Justice Sikri had written. The Delhi Government has separately sought the quashing of amendments to the ‘Government of National Capital Territory of Delhi (GNCTD) Act’ and 13 Rules of the ‘Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993’. It has contended that the amendments violate the doctrine of basic structure of the Constitution and that the Centre, through these changes, has given more power to the Lieutenant-Governor than the elected government of the people of Delhi. Lancet warns about ‘Tomato Flu’ in India among children Doctors have sounded an alarm over the “emergence of new non-life-threatening” virus called tomato flu among children below five years of age. In the recent Lancet Respiratory Journal, published on August 17, the doctors said that the flu was first identified in the Kollam district of Kerala on May 6, 2022, and as of July 26, “more than 82 children younger than 5 years with the infection have been reported by local government hospitals. It further said that this endemic viral illness triggered an alert to the neighbouring States of Tamil Nadu and Karnataka. Additionally 26 children (aged 1–9 years) have been reported as having the disease in Odisha by the Regional Medical Research Centre in Bhubaneswar. “To date, apart from Kerala, Tamil Nadu, and Odisha, no other regions in India have been affected by the virus. However, precautionary measures are being taken by the Kerala Health Department to monitor the spread of the viral infection and prevent its spread in other parts of India,” noted the article. The primary symptoms observed in children with tomato flu are similar to those of chikungunya, which include high fever, rashes, and intense pain in joints. As with other viral infections, further symptoms include fatigue, nausea, vomiting, diarrhoea, dehydration, swelling of joints, body aches, and common influenza-like symptoms, which are similar to those manifested in dengue. Because tomato flu is similar to chikungunya and dengue as well as hand, foot, and mouth disease, the treatment is also similar — isolation, rest, plenty of fluids, and hot water sponge for the relief of irritation and rashes. Supportive therapy of paracetamol for fever and bodyache and other symptomatic treatments are required. Lancet notes that similar to other types of influenza, tomato flu is very contagious and children are at increased risk of exposure to tomato flu as viral infections are common in this age group and spread is likely to be through close contact. Young children are also prone to this infection through use of nappies, touching unclean surfaces, and putting things directly into the mouth. Given the similarities to hand, foot, and mouth disease, if the outbreak of tomato flu in children is not controlled and prevented, transmission might lead to serious consequences by spreading in adults as well, the report said. “The ‘tomato flu’ is caused by Coxsackie virus A 16. It belongs to Enterovirus family. Hand-foot-and-mouth-disease (HFMD) is a frequent febrile rash illness of childhood caused by enteroviruses (EV): Coxsackie A16 (CA16), EV A71, Coxsackie A6, Coxsackie B and Echo viruses,” said Dr. Suresh Kumar Panuganti, paediatrician, Yashoda Hospitals Hyderabad. In Brief An Islamic State terrorist from a Central Asian country, who was plotting a suicide attack against a member of India’s leadership elite for the offensive comments on the Prophet, has been detained in Russia, the country’s top intelligence agency said on Monday. According to Russia’s Federal Security Service (FSB), the foreign national was recruited by one of the Islamic State’s ringleaders as a suicide bomber sometime between April and June 2022, while in Turkey, state-owned TASS news agency reported. Peoples Conference (PC) chairman Sajad Lone, who did not attend the all-party meeting chaired by Gupkar alliance president Dr. Farooq Abdullah on August 22, has said he will hold a hunger strike in front of the Parliament to oppose any move to change the electoral demography of J&K. “We will wait and watch. If there is an attempt to change the demography of J&K, we will go on hunger strike. The law (Representation of the Peoples Act 1951) is not a threat to us but the intentions of the government are a threat to us,” Lone said, in a press conference in Srinagar. Evening Wrap will return tomorrow [logo] The Evening Wrap 22 AUGUST 2022 [The Hindu logo] Welcome to the Evening Wrap newsletter, your guide to the day’s biggest stories with concise analysis from The Hindu. [[Arrow]Open in browser]( [[Mail icon]More newsletters]( Supreme Court terminates its Committee of Administrators for AIFF, postpones elections The [Supreme Court on Monday directed the termination of the mandate of the three-member Committee of Administrators]( (CoA) headed by a former apex court judge, appointed by it nearly two months back for managing the affairs of the national football body AIFF, PTI reported. The top court said that it is modifying its earlier orders to facilitate the revocation of the suspension which has been imposed on AIFF by FIFA and the holding of the Under-17 Women's World Cup 2022 in India. The apex court on May 18 had appointed a three-member CoA headed by Justice (retd) Anil R Dave, former chief election commissioner SY Qureshi, former Indian football team captain Bhaskar Ganguly, and ousted the NCP leader Praful Patel-led management committee, which had exceeded its tenure by over two and half years. [ A view of Supreme Court of India in New Delhi. File] A bench of Justices DY Chandrachud and AS Bopanna said, “In the event that the above process is not taken to its logical conclusion, the Court would consider any further order at the subsequent stage”. It also postponed the August 28 elections of the AIFF by one week to allow a changed electoral college and the start of the nomination process. The order came on a fresh plea filed by the Ministry of Youth Affairs and Sports seeking modification of the May 18 and August 3 orders of the court after consultation with the international football federation (FIFA) to ensure revocation of the suspension of AIFF and the hosting right for holding of the Under-17 Women’s World Cup 2022 in India. It said, “The day-to-day management of AIFF shall be exclusively looked after by the AIFF Administration led by the Acting Secretary General. The mandate of the Committee of Administrators appointed by the order of this Court stands terminated”. The bench noted that the CoA has already submitted the draft Constitution for the AIFF, together with a tabulated set of suggestions, to this Court on July 15, 2022, and therefore appointed its counsel senior advocate Gopal Sankaranarayanan to assist it as amicus curiae. Former Indian football team captain Baichung Bhutia and CoA opposed modification of the court’s orders and said the court should not terminate the reform process and not come under pressure from threats of FIFA as sacrificing the Under-17 Women’s World Cup now would eventually enable the youngsters of the country, in the long run, to look for the main World Cup. The bench said that it understands the gravity of the situation but cannot sacrifice the world cup scheduled to be held later this year in the larger interest of the country. “Had it been cricket and a world cup would have been cancelled due to the court order, everyone would have targeted us saying there are people who have done this or that. Here, we understand everything and our only concern is that the scheduled Under-17 Women’s World Cup is held in India”, it said. Solicitor General Tushar Mehta, appearing for the Centre, said that there are two “disastrous consequences” the country is facing, if the orders are not modified -- one that India will lose hosting rights of any future football world cup, and second our teams will not be able to play even friendly international matches across the world. He said that it is not that India is being discriminated against but FIFA follows uniform policy across the world against third-party interference. The bench said bearing in mind the importance of the Under-17 Women’s World Cup 2022 tournament being held in India, it is passing the directions on the application. The election programme, which was fixed in pursuance of the order dated August 3, 2022, is permitted to be modified by extending the date of election by one week. “The voters’ list for the ensuing elections shall consist exclusively of representatives of the Member Associations representing the States/Union Territories (35+1 Associations)”, the bench said and excluded eminent players as directed earlier. On August 16, the world football governing body FIFA suspended India for “undue influence from third parties” and said the U-17 Women’s World Cup “cannot currently be held in India as planned”. The country is scheduled to host its first FIFA event from October 11-30, 2022. Manish Sisodia claims BJP approached him with an offer to close all cases if he joins their party [Delhi Deputy Chief Minister Manish Sisodia on Monday claimed that he was approached by the BJP]( the offer to close all cases against him if he joined their party. Asserting that all the allegations against him were false, Sisodia said he will never bow down before “conspirators and corrupt people”. Sisodia is among 15 people and entities named in an FIR registered by the CBI in connection with alleged irregularities in the implementation of the Delhi excise policy. [Delhi Deputy Chief Minister Manish Sisodia at his residence, in New Delhi on August 23, 2022.] “I have received a message from the BJP — leave AAP and join BJP. We will ensure that all cases by CBI and ED against you are shut. My reply to BJP — I am a descendant of Maharana Pratap and a Rajput. I am ready to get beheaded but can never bow down before conspirators and corrupt people. All the cases against me are false. Do whatever you want to do,” he said, tweeting in Hindi. The AAP leader’s house was raided on Friday by the CBI over alleged corruption in the Delhi Excise Policy 2021-22. He has stressed that the case against him is an effort to stop the good work being done by CM Arvind Kejriwal-led dispensation and also to put obstacles in the path of the AAP chief who has emerged as an alternative to Prime Minister Narendra Modi. SC agrees to list petition for review of the judgment that upheld PMLA amendments The [Supreme Court on Monday agreed to list a petition seeking a review of a July 27 judgment]( that upheld the core amendments made to the Prevention of Money Laundering Act (PMLA), which gives the government and the Enforcement Directorate (ED) virtually unbridled powers of summons, arrest, and raids, and makes bail nearly impossible, while shifting the burden of proof of innocence onto the accused rather than the prosecution. The review petition was orally mentioned before a Bench led by Chief Justice of India N.V. Ramana. The apex court had called the PMLA a law against the “scourge of money laundering” and not a hatchet wielded against rival politicians and dissenters. “This is a sui generis (unique) legislation… The Parliament enacted the Act as a result of international commitment to sternly deal with the menace of money laundering of proceeds of crime having transnational consequences and on the financial systems of the countries,” a Special Bench of Justices A.M. Khanwilkar (now retired), Dinesh Maheshwari, and C.T. Ravikumar observed in the 545-page judgment. The verdict had come on an extensive challenge raised against the amendments introduced to the 2002 Act by way of a Finance Act in 2019. The three-judge Bench said the method of introduction of the amendments through a Money Bill would be separately examined by a larger Bench of the apex court. Over 240 petitions were filed against the amendments which the challengers claimed to violate personal liberty, procedures of law, and the constitutional mandate. Constitution Bench to hear battle between Centre and Delhi Government for control over bureaucrats A [Constitution Bench led by Justice D.Y. Chandrachud will hear the legal battle between the Centre and the Arvind Kejriwal-led Government of Delh]( for control over bureaucrats in the national capital. On Monday, Chief Justice of India N.V. Ramana said the case would come up before a Constitution Bench led by Justice Chandrachud. In May, a three-judge Bench led by Chief Justice Ramana had, in a judgment, referred to a Constitution Bench the limited question concerning ‘services’ or bureaucracy for an authoritative pronouncement. Four years ago, another Constitution Bench had unanimously held that the Lieutenant-Governor of Delhi was bound by the “aid and advice” of the popularly-elected Aam Aadmi Party (AAP) government and both had to work harmoniously with each other. It had noted that there was no room for anarchy or absolutism in a democracy. However, the 2018 judgment had not specifically dealt with the issue of ‘services’. The National Capital Territory government had compared its predicament without power over the ‘services’ like that of a king without a kingdom. The situation was such that a “democratic representative government” had to get the approval of the Lieutenant-Governor to appoint a Health Secretary or a Commerce Secretary, it had argued. The 2018 judgment had made it clear that the powers of the Centre and the Delhi Government were collective and coextensive, senior advocate A.M. Singhvi, for the Delhi Government, had submitted. “What collective responsibility will the Delhi Government have without the power to control the transfers and postings of the officers? Federalism is itself being eroded,” the senior lawyer had argued. Solicitor General Tushar Mehta, for the Centre, had argued in favour of referring the issue to a Constitution Bench. The Centre had argued that Delhi, the nation’s capital and a sprawling metropolis, should be under its control. Delhi could not be left to the “small mercies and smaller resources” of a State legislature, the Centre reasoned. On February 14, 2019, a Supreme Court Bench of Justices A.K. Sikri and Ashok Bhushan (both have since retired) had given a split opinion on the question of control over ‘services’ in the capital. While Justice Bhushan had held that the Delhi Government had no power over ‘services’, Justice Sikri, who was the lead judge on the Bench, had opined that files on transfers and postings of officers in the rank of Secretary, Head of Department, and Joint Secretary, could be directly submitted to the Lieutenant-Governor. As far as DANICS (Delhi Andamans Nicobar Islands Civil Service) cadre was concerned, the files could be processed through the Council of Ministers led by the Chief Minister to the Lieutenant-Governor, Justice Sikri had written. The Delhi Government has separately sought the quashing of amendments to the ‘Government of National Capital Territory of Delhi (GNCTD) Act’ and 13 Rules of the ‘Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993’. It has contended that the amendments violate the doctrine of basic structure of the Constitution and that the Centre, through these changes, has given more power to the Lieutenant-Governor than the elected government of the people of Delhi. Lancet warns about ‘Tomato Flu’ in India among children [Doctors have sounded an alarm over the “emergence of new non-life-threatening” virus called tomato flu]( among children below five years of age. In the recent Lancet Respiratory Journal, published on August 17, the doctors said that the flu was first identified in the Kollam district of Kerala on May 6, 2022, and as of July 26, “more than 82 children younger than 5 years with the infection have been reported by local government hospitals. It further said that this endemic viral illness triggered an alert to the neighbouring States of Tamil Nadu and Karnataka. Additionally 26 children (aged 1–9 years) have been reported as having the disease in Odisha by the Regional Medical Research Centre in Bhubaneswar. “To date, apart from Kerala, Tamil Nadu, and Odisha, no other regions in India have been affected by the virus. However, precautionary measures are being taken by the Kerala Health Department to monitor the spread of the viral infection and prevent its spread in other parts of India,” noted the article. The primary symptoms observed in children with tomato flu are similar to those of chikungunya, which include high fever, rashes, and intense pain in joints. As with other viral infections, further symptoms include fatigue, nausea, vomiting, diarrhoea, dehydration, swelling of joints, body aches, and common influenza-like symptoms, which are similar to those manifested in dengue. Because tomato flu is similar to chikungunya and dengue as well as hand, foot, and mouth disease, the treatment is also similar — isolation, rest, plenty of fluids, and hot water sponge for the relief of irritation and rashes. Supportive therapy of paracetamol for fever and bodyache and other symptomatic treatments are required. Lancet notes that similar to other types of influenza, tomato flu is very contagious and children are at increased risk of exposure to tomato flu as viral infections are common in this age group and spread is likely to be through close contact. Young children are also prone to this infection through use of nappies, touching unclean surfaces, and putting things directly into the mouth. Given the similarities to hand, foot, and mouth disease, if the outbreak of tomato flu in children is not controlled and prevented, transmission might lead to serious consequences by spreading in adults as well, the report said. “The ‘tomato flu’ is caused by Coxsackie virus A 16. It belongs to Enterovirus family. Hand-foot-and-mouth-disease (HFMD) is a frequent febrile rash illness of childhood caused by enteroviruses (EV): Coxsackie A16 (CA16), EV A71, Coxsackie A6, Coxsackie B and Echo viruses,” said Dr. Suresh Kumar Panuganti, paediatrician, Yashoda Hospitals Hyderabad. In Brief An [Islamic State terrorist from a Central Asian country]( who was plotting a suicide attack against a member of India’s leadership elite for the offensive comments on the Prophet, has been detained in Russia, the country’s top intelligence agency said on Monday. According to Russia’s Federal Security Service (FSB), the foreign national was recruited by one of the Islamic State’s ringleaders as a suicide bomber sometime between April and June 2022, while in Turkey, state-owned TASS news agency reported. [Peoples Conference (PC) chairman Sajad Lone]( who did not attend the all-party meeting chaired by Gupkar alliance president Dr. Farooq Abdullah on August 22, has said he will hold a hunger strike in front of the Parliament to oppose any move to change the electoral demography of J&K. “We will wait and watch. If there is an attempt to change the demography of J&K, we will go on hunger strike. The law (Representation of the Peoples Act 1951) is not a threat to us but the intentions of the government are a threat to us,” Lone said, in a press conference in Srinagar. 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