Constitutional Conduct Group | SabrangIndia

Review order and withdraw observations against Teesta Setalvad and whistleblowers: CCG to SC

Thu, 07 Jul 2022 09:35:38 +0000

Image Courtesy: indiatoday.in

The Constitutional Conduct Group (CCG), a group of former civil servants, has made an open statement on the Supreme Court order in the Zakia Jafri case, saying that they “are deeply anguished by some of the contents of that judgement and the arrests that have followed in its wake.”

As many as 92 people including former Mumbai top cop Julio Ribeiro, activist Aruna Roy, former secretary of the National Human Right Commission (NHRC) PSS Thomas, former Home Secretary GK Pillai, former Joint Commissioner of Police (Delhi) Maxwell Pereira have signed the statement.

The CCG says, “It is not just the dismissal of the appeal that has surprised people – an appeal may, after all, be allowed or dismissed by an appellate court; it is the gratuitous comments that the bench has pronounced on the appellants and the counsel and the supporters of the appellants.”

The group also minced no words in describing the shocking aftermath of the judgment, saying, “The immediate action of the state in arresting human rights lawyer Teesta Setalvad and former DGP, RB Sreekumar, as well as filing a fresh case against Sanjiv Bhatt, who is already in prison, clearly occurred because the Supreme Court told the State government authorities to put those who ‘kept the pot boiling’ ‘in the dock’, though these persons were neither the appellants nor the accused in the case.”

The CCG asked two important questions regarding the very fundamentals of natural justice, “Can the constitutional right to approach courts be treated in so cavalier and revengeful a fashion that the persons seeking justice are put behind bars? Shall we henceforth presume that natural justice can be given the go-by as a cardinal principle of our jurisprudence and people condemned without being heard?”

The group expressed distress at the Courts observations and said, “We would urge the Supreme Court Justices to suo motu review their order and withdraw the observations contained in Para 88.” Refering to remarks made by Justice Madan Lokur, the CCG said, “We would also request them (the Supreme Court) to adopt the course of action advocated by a distinguished former member of their fraternity, Justice Madan Lokur. He has said that the court would do well to issue a clarification to the effect that it was not their intention that Teesta Setalvad should face arrest and at the same time order her unconditional release.”

The entire statement will the full list of signatories may be viewed here:

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Why is the government scared of ex-bureaucrats’ writing books, articles?

Wed, 02 Jun 2021 12:51:42 +0000

Image Courtesy:searchengineland.com

The Constitutional Conduct Group (CCG) is a collective of 92 former civil servants, all subject experts who retired at senior positions. They often issue sharp statements and analysis on current affairs, especially on issues concerning human rights. These former IPS, IAS officers bravely voice their concerns about events as they unfold.

An example is this statement they issued on the farmers’ protest that is still holding strong on Delhi borders. They demanded withdrawal of cases against farmers, social media users and journalists, and asked that the vicious and sickening propaganda of calling farmers “Khalistanis,” to create a conducive atmosphere for resumption of talks be stopped. They advised the Government of India to “withdraw the three laws and think of other possible solutions, given the basic Constitutional position that the subject of agriculture is in the States’ list.”

Their missives, and that of other retired civil servants, who continue commenting on, writing about policy and politics seem to have rankled those in power. The Government has made an official move to curb their voice too by notifying an amendment to the Central Civil Services (Pension) Rules 1972 that “prohibits” them from making media statements, publishing books, articles, opinions and letters on subjects that fall within the “domain” of the organisations they are writing about without prior clearance. This amendment in Rule 8: ‘Pension subject to future good conduct’. Any pensioner seen in “violation” of the latest amendment can have their pension docked.

The gazette notification issued on May 31, 2021 by the Ministry of Personnel, Public Grievances and Pensions, headed by Prime Minister Narendra Modi states: “No Government servant, who, having worked in any Intelligence or Security-related organisation included in the Second Schedule of the Right to Information Act, 2005 (22 of 2005), shall, without prior clearance from the Head of the Organisation, make any publication after retirement, of any material relating to and including:

(i) domain of the organisation, including any reference or information about any personnel and his designation, and expertise or knowledge gained by virtue of working in that organisation;

(ii) sensitive information, the disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, or relation with a foreign State or which would lead to incitement of an offence.“ It adds that “The Head of the Organisation shall vest with the authority to decide as to whether the proposed material for publication is sensitive or non-sensitive, and whether it falls in the domain of the organization.”

There is also a declaration form where the retired Government Servant has to make this declaration: “I am aware that the pension which may be granted to me after retirement, in terms of the relevant pension rules, can be withheld or withdrawn, in full or part, for any failure of this undertaking given.”

The Gazette notification may be accessed here: https://egazette.nic.in/WriteReadData/2021/227308.pdf

The 18 organisations covered by the new rule, reported The Wire, include: the Intelligence Bureau, the Research and Analysis Wing of the Cabinet Secretariat, the Directorate of Revenue Intelligence, the Central Economic Intelligence Bureau, the Enforcement Directorate, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, Border Security Force, Central Reserve Police Force, Indo-Tibetan Border Police, Central Industrial Security Force, National Security Guards, Assam Rifles, Special Service Bureau, Special Branch (CID) of the Andaman and Nicobar islands, Crime Branch-C.I.D.-CB of Dadra and Nagar Haveli and the Special Branch, Lakshadweep Police.

Now, none of the offices who have ever served in the above listed departments can only write news reports or opinions or comments on the subjects that they are experts on, after getting written permission from the concerned department.

This comes close on the heels of the former West Bengal Chief Secretary Alapan Bandyopadhyay retiring and being appointed Chief Adviser to Chief Minister Mamata Banerjee. Bandyopadhyay was issued notice under the Disaster Management Act, and the Centre asked him to explain in writing by Thursday as to why action should not be initiated against him for failing to attend a Cyclone Yaas review meeting presided over by Prime Minister Narendra Modi in Kalaikunda. Meanwhile the hashtag ‘ModiAgainst_IAS_IPS’ has continued to trend for two days with social media users expressing support towards Bandyopadhyay and other former civil servants.

He is for the Direct Entry of his favourite people for completely destroying the well laid #System #ModiAgainst_IAS_IPS

— Wg Cdr Anuma Acharya (Retd) (@AnumaVidisha) June 2, 2021

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Rethink advertising on channels that spread discord: Constitutional Conduct Group

Sat, 31 Oct 2020 06:00:29 +0000

Members of the Constitutional Conduct Group (CCG), a collective of former All India and Central Services officers have written an open letter to corporates urging them to rethink advertising policy that may indirectly be funding hate speech. The group is now well known as the voice of impartiality, neutrality and commitment to the Constitution of India, of officers who served across the nation for decades. Their open letters have also served as record keeping of various concerns raised with the governments, and Constitutional/statutory bodies.

This is the first time perhaps that they are writing to private, corporate houses, as they “an impression has gained ground that these bodies have preferred to look the other way even as a rising tide of hatred and divisiveness threatens the very foundations of our society.”

The CCG has noted that “many well-established corporates have shown no hesitation in advertising their products on media channels which have made it a practice to ramp up their viewership by spewing hatred, creating divisions on the basis of religion and caste, manufacturing false narratives and making criminals out of law-abiding people.”

“Advertising on channels which spread divisiveness is bad not only on moral grounds but bad for business as well. As several economists and social scientists have pointed out, investments tend to wither when there is unrest,” they state.

The group has applauded the few corporates who are “like shining beacons: they have taken a stand against advertising on media channels which foment hatred and disharmony. We commend them for their initiative and courage” and hope that other corporates will follow their example. They have urged the corporates to “show, through both substantive and symbolic acts,” that they uphold the principles of the Indian Constitution.

The open letter may be read here:

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