- 7 hours ago
The Supreme Court declined to pass an interim order suspending Chief Election Commissioner Gyanesh Kumar while hearing petitions alleging unilateral decision-making within the Election Commission of India. The top court sought official records of the decisions under challenge and clarified that it never approved modifications made to Form 6 during the Special Intensive Revision exercise. Legal experts, including former Union Law Minister Dr Ashwini Kumar, former Chief Justice of Meghalaya High Court Sanjiv Banerjee, and Senior Advocate Sanjiv Sen, analysed the constitutional limits of residual powers under Article 324 and statutory procedures under the Registration of Electors Rules, 1960. The bulletin also covered five days of ongoing student demonstrations in Pune demanding transparency and accountability from the Maharashtra Public Service Commission over alleged paper leaks and exam irregularities, alongside reports of an emergency descent involving a British Airways flight bound for Chicago.
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NewsTranscript
00:01Good evening, you're watching To The Point. I'm Preeti Chaudhary.
00:04Lots of news coming in, especially where the Election Commission is concerned,
00:09the massive protests by the opposition planned for tomorrow,
00:12as well as news coming in from the Supreme Court,
00:15which has once again put the spotlight on the credibility of the Election Commission of India.
00:20All of that coming up. First, allow me to take you through the headlines.
00:28The Supreme Court declines to pass an interim order,
00:30suspending CEC Gyanesh Kumar, but seeks poll bodies' response on decisions under challenge.
00:36CGI says the top court did not approve changes in Form 6.
00:47Amidst mass deletions of voters charged by CMDKS Karnataka,
00:52poll body clarifies, says form not a single Karnataka voter deleted amongst Form 7 Rao in the state.
01:00In an exclusive chat with India today,
01:02Chief Minister D.K. Shiv Kumar alleges misuse of Form 7.
01:11BJP's list of UP Rajya Sabha candidates sparks cabinet rejig buzz.
01:17Union Minister's Hardeep Puri, BL Varma dropped from the Rajya Sabha candidate list.
01:30A fly-Dubai flight, Omani co-pilot,
01:34Hamam al-Hamami, confesses to UAE investigators
01:38that his ultimate aim was to crash the fly directory
01:41into the Tel Aviv airport in a 9-11 type style attack.
01:52Fly Dubai incident triggers political war in India.
01:55Congress ally in Kerala, IUML, claims there is no official confirmation linking Omani co-pilot to terrorism.
02:02BJP targets Rahul Gandhi Congress leadership over their silence on Smith's heroism.
02:13Finance Minister Nirmala Sitaraman speaks at Munich's security conference, flags weaponization of tariffs.
02:20Finance Minister also highlights that multilateralism is the way forward.
02:24Full interview at 7.30pm.
02:33The SIR controversy has now moved beyond just the voter rolls.
02:38The battle is playing out not just in Supreme Court but also on the streets and in political arenas.
02:44With the Election Commission and the Chief Election Commissioner facing growing tough questions.
02:50The Supreme Court has now refused an interim plea to suspend CEC Gyanesh Kumar but has sought records of the
02:57decisions under challenge and made it clear that any illegality will have consequences.
03:03And as the court examines the issue, protests against the CEC have spread across Delhi and Mumbai.
03:09While questions over voter rights have gained fresh force, something that has put the spotlight back on the Election Commission
03:15is what the Supreme Court said today.
03:18Where it clearly mandated that it wasn't the Supreme Court that allowed the modification of Form 6 or upheld it.
03:28Something that has been said repeatedly by the Election Commission of India.
03:32Here's more.
03:48The SIR controversy is no longer confined to voter lists.
03:52It has spilled onto the streets, into Parliament and now into the Supreme Court.
04:02The Apex Court on Monday heard a plea seeking the suspension of CEC Gyanesh Kumar, alleging that he took key
04:10decisions by passing the other two election commissioners.
04:14The court refused to pass any interim order suspending the CEC and said it can't pass order based on news
04:21report.
04:22But it has sought the records of the decisions under challenge.
04:26The top court said it can always annual decisions and said there will be consequences if there is illegality.
04:34The top court also said it has not approved changes to Form 6 and will examine immunity to CEC and
04:41Election Commission.
04:43The top court's observations have given opposition more ammunition.
04:48The EC in a press statement on September 26th had claimed that the declaration attached to Form 6 has been
04:55upheld by the Supreme Court.
04:57The Supreme Court's observations come a day after a sitting Supreme Court judge, Ujwal Bhuyan, warned against mass voter deletion
05:05under SIR.
05:10Justice Bhuyan, speaking at Nalsar in Hyderabad, said mass disenfranchisement is arbitrary.
05:17No voter boundary can justify disenfranchisement.
05:21Right to vote is the soul of citizenship and no one is above the Constitution.
05:26He said taking away voting rights on a large scale would strike at the heart of the Constitution
05:31and stressed that voting rights cannot be separated from citizenship.
05:37And these judicial observations come amid days of protests.
05:51Delhi has been witnessing demonstrations since October 2nd.
05:56For the last three days, there have been clashes between police and protesters and multiple detentions.
06:02The protests in National Capital have been led by All India Students Association and NSUI.
06:09Mumbai too saw major protests with demonstrators demanding action against the CEC.
06:19And now, the protests have opened another front.
06:23An independent journalist has alleged that she was groped by police personnel during the protest on Saturday.
06:30And now, when I was detained by Neha Bora, I was making a video of her.
06:35And at the time, ACP Vivek Bhagat squeezed my breasts and pushed me.
06:41And when I asked her questions, she ran away from her.
06:44And now, I have been here to do their FIR, so it's been about 3 hours now.
06:47My FIR is not written, it's only time to give me, it's only time to give me.
07:02The police have detained relegations.
07:24Despite denial, students are demanding FIR against the police personnel.
07:45What began as a battle over voter rolls have now become a wider confrontation
07:51over the Election Commission, voting rights and the credibility of the electoral process.
07:59Bureau Report, India Today.
08:05All right, so for what we know right now, there has been no FIR that has been lodged
08:09where allegations of sexual assault against Delhi police personnel
08:16was made by a YouTuber or a journalist.
08:19We are going to keep a keen eye on all developments, but on the other side.
08:23While, like we told you earlier, that there have been protests
08:27that have been gaining ground ever since the 2nd October,
08:30the big news came in from the top court of the country today,
08:34hearing a plea where the, against the ECI is concerned.
08:37And one observation especially has now put the spotlight back
08:41on the Election Commission of India, where the top court of the country
08:44has practically said that it did not authorize the modification of Form 6,
08:48something that the Election Commission of India has repeatedly been stating,
08:53and it was a part of their press release just a week ago.
08:57Joining me right now is Dr. Ashwini Kumar, former Union Minister for Law and Justice of India.
09:02Dr. Kumar, thank you for taking the time out and joining us this evening.
09:05As the former law minister, Dr. Kumar, what do you make of the observations
09:09that have come in from the top court of the country?
09:11This also comes in the wake of a sitting Supreme Court judge, Mr. Ujjal Bhuyan,
09:17who has practically called out SIR as an unconstitutional exercise.
09:28These are two related as well as distinct developments.
09:33Let me first say that what Justice Bhuyan has said is dot-on.
09:37There can be no question in any vibrant or true democracy
09:41where crores of voters can lose their voting rights
09:46on the basis of directives and on the basis of procedures
09:49which have come under severe criticism and legal scrutiny.
09:54As far as the observations of Honorable Chief Justice in his court today are concerned,
10:01there is nothing one can add to or detract from his statement.
10:06The highest constitutional functionary on the judicial side has stated
10:11that the court never had the opportunity to consider
10:15or pronounce upon the validity of the changes in Form 6.
10:21Now, unless someone who has been a part of the legal proceedings
10:26can demonstratively establish this to be incorrect,
10:31I think the matter must rest there.
10:34Certain orders have been cited to suggest that the Chief Justice
10:40had authorized the Election Commission to make changes.
10:46If I read those orders rightly, I believe they mean that
10:51should it be necessary for the Election Commission
10:55to make certain changes which are permissible in law,
11:00they may go ahead and do so.
11:03But I don't think that order implies that the court had an opportunity
11:08of a detailed hearing on the ancestry clause in Form 6
11:14after it was introduced.
11:16I think that is the right interpretation or the purport of the statement
11:21of the Chief Justice of India.
11:24Mr. Kumar, because there is a huge defense that is being made
11:27from a certain set that are speaking, you know,
11:31because there has been no official statement coming in from the EC.
11:36But because what is being said,
11:40that the Supreme Court, of course, did not approve the modification of Form 6,
11:44but it did uphold the ECI's residual authority
11:48to adopt the documentation framework for SIR.
11:51So it did give the ECI residual powers.
11:55Can that be interpreted as possibly giving the ECI the right to modify Form 6?
12:03Now, first of all, let me clarify the concept of residual power.
12:08The residual power is under Article 324 of the Constitution,
12:12which is a power of the widest amplitude.
12:15In the exercise of that power, certain laws and regulations,
12:20Parliament passes certain laws,
12:21and the Election Commission has been given certain authorities.
12:26In fact, the form which we are talking about
12:30is considered to be a statutory form
12:32in which changes can only be made
12:35through procedure established by law,
12:37which, according to the two dissenting Election Commissioners,
12:41was not done.
12:42That's the core of the controversy.
12:45Now, there is no question of the court
12:48investing the power with the Election Commission.
12:51Election Commission either has the power
12:53under the Constitution and the statutory law,
12:56or it doesn't have the power.
12:58But the order, if you read it in sanctity,
13:01does not permit an arbitrary exercise of power
13:04or an exercise of power to do some things
13:07which are not explicitly recognized or doable
13:10under the statutory regime,
13:12including the relevant rules
13:13under which the forms are issued.
13:15So, therefore, now that this matter has reached
13:20this penultimate stage in the highest court,
13:23the matter will need to be resolved
13:25after hearing the Election Commissioners
13:29and the Election Commission.
13:31Now, either the Election Commission
13:33can, through its documentation,
13:35establish that these changes were indeed lawful
13:39and were authorized or the Supreme Court
13:42will then have the power in the other alternative
13:46to pass such orders as it may deem necessary,
13:50including annulling of the orders as it has suggested.
13:52So, I think there are certain controversies
13:58around the purport of certain documentations.
14:02These are now going to be before the court
14:05and the court has expressed the hope
14:08in no uncertain terms
14:09that the EC would give a detailed explanation,
14:13A, on whether the changes were lawful,
14:16B, whether the decisions were taken unanimously
14:19or by majority.
14:21Now, the core issue is
14:22whatever was done had to be done
14:24according to established procedure.
14:27Was it done or not
14:29will only be clear from the affidavits.
14:31Well, thank you, sir, for joining us
14:34and explaining in detail
14:36and elucidating for our viewers
14:38on what would be the interpretation
14:40of what the court said today
14:42because there is a fair amount of controversy,
14:44the ball now, of course,
14:45in the Election Commission of India's court.
14:47Thank you, Dr. Kumar,
14:49for taking the time out and joining us.
14:50Joining me right now
14:51is former Chief Justice of Meghalia High Court,
14:54Sanjeev Banerjee,
14:56Justice Sanjeev Banerjee
14:57and Sanjeev Senior Advocate Supreme Court.
15:01Appreciate the time, sir, for joining us.
15:03Dr. Sanjeev, I want to cut across
15:04to Justice Sanjeev Banerjee first.
15:06Justice Banerjee,
15:07with what we were discussing now
15:09with the former law minister,
15:11because there is now a full defense
15:13coming in in support of the EC
15:15of the residual power clause
15:17that even though the Supreme Court
15:19might not have allowed the EC
15:22to modify or authorize the EC
15:25to modify Form 6,
15:26but their EC was given residual powers
15:29by the top court,
15:31which clearly doesn't,
15:32as per the former law minister,
15:34tantamount to a change
15:36or modification of Form 6.
15:42Yes, what the Supreme Court did was
15:48to validate the exercise
15:50of conducting SIR,
15:52which is exclusively within the domain
15:54of the Election Commission.
15:56Now, is the SIR necessary?
15:58It is to ensure the sanctity of the role.
16:02Should it be done from time to time?
16:04Yes, it is.
16:05But the Supreme Court did not approve
16:08any of the conditions set about
16:11in the SIR.
16:13And as the previous speaker,
16:16the former minister said,
16:17that there was disagreement
16:19on the part of the two commissioners
16:21with the Chief Election Commissioner
16:24as to whether the ECI
16:27had the authority to make the change.
16:29The change has to be made
16:31by the government,
16:32not by the Election Commission.
16:35More importantly,
16:37more importantly, madam,
16:40at the root of this entire issue
16:42is the Election Commission
16:45turning everything on its head.
16:49Under Article 325 of the Constitution,
16:53no person shall be ineligible
16:55to be included in any voter role
16:58only on the ground of religion,
17:00race, caste, sex, or any of them.
17:02Under Article 316 of the Constitution,
17:05every person who is a citizen
17:08is not less than 18 years
17:10and is not otherwise disqualified
17:13under this Constitution
17:15or any law made by the appropriate legislature
17:19shall be entitled to vote.
17:23The burden is on the election commission
17:26or the authority
17:27who comes to a citizen
17:29and says that you do not have a right to vote
17:32or you are disqualified.
17:34And that disqualification
17:36must be purely on the basis of
17:39the Constitution
17:40or an appropriate law
17:43brought in by an appropriate legislature.
17:46The election commission over here
17:48has gone about
17:49putting the ball in the citizens' court
17:53that you, the citizens,
17:55tell me why should you be entitled to vote.
17:58That is completely wrong.
18:00That's just changing the rules of the game
18:03to the detriment of the citizen.
18:06And that could not have been endorsed
18:08by any court.
18:10Even if it came obliquely before that court,
18:13that could never have been endorsed by any court
18:16because it's so fundamental.
18:19And look, it's made a change.
18:21It's made a change.
18:22It's affected.
18:23Probably it's affected the result
18:25of the election in West Bengal.
18:27So let's break it down
18:29because viewers,
18:30you know, for the understanding of our viewers,
18:31the modification of Form 6
18:33was not made in Bihar.
18:35It was made right before
18:36the West Bengal elections.
18:38That was when Form 6 was modified
18:41with the particular question
18:43which linked it to your parents in 2002.
18:46I want to bring in Sanjeev Sen,
18:48Senior Advocate, Supreme Court.
18:49Because Sanjeev Sen,
18:51now, changes in Form 6
18:54can only be made
18:55as per the registration
18:56of electors' rules 1960
18:58by the government in itself.
19:01The issue goes to court.
19:02This after a week ago
19:04where the Election Commission of India
19:06has put out a press release
19:07where it has said very clearly,
19:09categorically,
19:10that Form 6 was modified
19:11with the authorization
19:12of the Supreme Court of this country.
19:14The Supreme Court of this country
19:16says nothing doing.
19:17And even though
19:18the ECI had residual powers,
19:21it doesn't tantamount
19:22to making changes
19:23which requires the government
19:24to step in
19:25as per,
19:26once again to say,
19:28the registration of electors' rules 1960.
19:30So, the ECI
19:32has much answering to do, sir.
19:35You see,
19:37fundamental to your question
19:38and the discussion
19:39is that
19:40in the courts we say,
19:42in the courts of law,
19:43we say that justice
19:44not only should be done,
19:46but also
19:47seen to be done.
19:49So, as far as
19:50the Election Commission
19:51is concerned,
19:52the election process
19:54must not just be fair,
19:57but also
19:58must seem
19:59or seen to be fair.
20:01Now,
20:02on one hand,
20:03the Supreme Court
20:04cannot become
20:04the Election Commission,
20:06but however,
20:07the Election Commission
20:08is not immune
20:09to judicial review.
20:11Now,
20:12as far as,
20:13you know,
20:14I would not say
20:15that today's hearing
20:17was to any side's benefit
20:20or any side's detriment.
20:21All that the Supreme Court
20:22has done
20:23is to issue notice
20:24and ask the Election Commission
20:27whether
20:28on certain points
20:29and there also
20:30we must keep in mind
20:31that today's petition,
20:33as I understand it
20:35and as I was told,
20:35has a number of prayers.
20:38So,
20:39one set of prayers
20:40was against
20:40the Chief Election Commissioner
20:42himself
20:42and the other set of prayers
20:44was regarding
20:45the procedural,
20:46alleged procedural
20:47decisions
20:48that were taken.
20:50Now,
20:50as far as
20:50removal
20:51of the Chief Election
20:52Commissioner
20:53is concerned,
20:54as you know,
20:55that it can be done
20:56under Article
20:57324.5
20:58of the Constitution
20:59of India.
21:00The process
21:01is very cumbersome
21:02till date
21:03in the history
21:04of India.
21:05no Chief Election
21:06Commissioner
21:06has been impeached.
21:08First step
21:09to that end
21:11is you need
21:12a requisition
21:13from 100 Lok Sabha
21:14or 50 Rajya Sabha
21:15members.
21:16Then it has to be
21:18admitted by the
21:19Speaker of the Lok Sabha
21:20or by the Chairman
21:21of the Rajya Sabha.
21:22Then the Speaker
21:24or the Chairman
21:25constitutes
21:26an investigative
21:27committee.
21:28Then the Parliament,
21:29if the committee
21:30submits an adverse
21:31report,
21:32is invited
21:33to vote.
21:33the two-thirds
21:35of majority
21:35of Lok Sabha
21:36and Rajya Sabha
21:37has to vote
21:38in favor
21:39and then the
21:40President comes
21:40into the picture.
21:42But here,
21:42that is one part
21:44of the story.
21:44So therefore,
21:45as far as removal
21:46is concerned,
21:47or even I would say
21:48It's not about
21:48so much removal,
21:49but in the manner
21:50in which the Election
21:51Commission functioned.
21:53And Justice Sanjeeb
21:53Banerjee,
21:54I'll bring you back
21:54into this conversation
21:55because it is important.
21:56Because this,
21:57the change or the
21:58modification of Form 6
21:59came in
22:00after the Bihar
22:01elections,
22:01right before the
22:02Bengal elections.
22:03And as you elucidate
22:04quite clearly,
22:06the onus now
22:07lies directly
22:08on the EC
22:09which just a week ago
22:10in a public press note
22:12had quoted
22:13stating
22:14that modifications
22:15of Form 6
22:16were made
22:17with the authorization
22:18of the top court
22:19of the country.
22:21I think what was said
22:23in the press release
22:24and I do not have
22:25the benefit of having
22:26directly read
22:28the press release
22:28but what I think
22:29was said was
22:30it was either
22:31approved or upheld
22:33by the Supreme Court.
22:34Now,
22:35let us
22:37understand
22:38the court process
22:39a bit.
22:39In course
22:40of arguments
22:41in court,
22:43certain comments
22:44are made
22:45both by lawyers
22:46and by judges
22:47but every comment
22:49made by the judge
22:50or by the bench
22:51does not amount
22:52to the decision
22:54being made
22:54in that matter.
22:56What ultimately
22:57matters
22:57is the order
22:59which is pronounced
22:59by the court
23:00or the judgment
23:01that is delivered.
23:02Now,
23:03for the election
23:05commission to say
23:06that it has been
23:07upheld
23:07or the modifications
23:09have been upheld
23:10or the modifications
23:11have been approved
23:12by the Supreme Court,
23:13it must demonstrate
23:15a written order
23:17or a judgment
23:18issued by the Supreme Court
23:19where this has been
23:21clearly so upheld
23:23or approved.
23:24In the absence
23:25of that,
23:26it cannot stand.
23:29All right.
23:29That is...
23:32That's big, sir.
23:33And now,
23:34if the onus
23:35is on the election
23:36commission of India
23:37to justify
23:38what clearly
23:40it had stated
23:41in the press note
23:41just a week ago
23:42because at least
23:43what we have now
23:44is what the CGI
23:45has said
23:46that the top court
23:47of the country
23:48did not authorize
23:49the modification
23:50of Form 6.
23:51We're going to leave it
23:51at that.
23:52I appreciate both you
23:52gentlemen
23:53for taking the time out
23:54and joining us
23:55this evening
23:55because I want to
23:56just now shift focus
23:57while, of course,
23:58we speak of
24:00and analyze
24:01what happened
24:02in court
24:02vis-à-vis
24:03the petitions
24:04where the CEC
24:05is concerned
24:06but there are
24:08larger protests
24:08that are taking place
24:09across the country
24:10both in the political
24:11domain
24:12as well
24:13as the streets
24:14but let's shift focus
24:16there is another protest
24:17that is taking place
24:18that doesn't have
24:19anything to do
24:19with the SIR
24:20but has everything
24:22to do with students
24:23Maharashtra's
24:24government job aspirants
24:26have now completed
24:26five days of protest
24:28in Pune
24:28their concerns
24:29range from
24:30alleged irregularities
24:32and paper leaks
24:32to the examination
24:33pattern
24:34transparency
24:35of recruitment
24:35processes
24:36here is the full report
24:38the protest
24:39still continues
24:44Pune streets
24:45turn into battleground
24:47with protests
24:48by Maharashtra's
24:49government job
24:50aspirants
24:50completing five days
24:52their question
24:53is simple
24:54can they trust
24:55the system
24:56that decides
24:56their future
25:03alleged paper leaks
25:05delays
25:05and cancellations
25:07have put the
25:07from Harashtra
25:08public service
25:09commission
25:09under the scanner
25:13aspirants
25:14allege
25:15irregularities
25:16in MPSC
25:16examinations
25:17they have raised
25:19concerns over
25:19alleged paper leaks
25:21and lack of
25:22exam transparency
25:23the examination
25:24pattern has also
25:25become a point
25:26of dispute
25:27they are seeking
25:28they are seeking
25:28the resignation
25:29of MPSC chairman
25:31Vivek Bhimabar
25:32along with
25:33greater transparency
25:34in examination
25:35system
25:36demanding a
25:37transparent
25:37and fair
25:38examination
25:38process
25:39accountability
25:40for alleged
25:41irregularities
25:42the protesters
25:43want over
25:4470,000
25:45vacant government
25:46posts
25:46to be filled
25:48protest
25:49initiated
25:50because of
25:50paper leak
25:51and we all
25:52demand that
25:52the system
25:53should be
25:54transparent
25:54and the
25:56culpits of
25:56the paper leak
25:58MPSC
25:59especially
25:59from watchmen
26:00to chairman
26:00who want to
26:01remove or
26:02reform the
26:02whole system
26:03we want the
26:03removal of
26:04chairperson
26:05of the MPSC
26:06whether it
26:08comes by
26:09resignation
26:09or whether
26:10it comes by
26:11supreme court
26:11inquiry
26:12or any way
26:13how can we
26:14betterment
26:14the agitation
26:25has now
26:26acquired
26:26a political
26:27dimension
26:28NCPSP
26:29MLA Rohit
26:30Pawar
26:30has picked
26:31up the
26:31students'
26:32cause
26:33if the
26:34investigation
26:35has to
26:35happen
26:35transparently
26:36then definitely
26:37he has to
26:37go but
26:37he is
26:38adamant
26:38why is
26:39he adamant
26:40because
26:40there's a
26:41powerful
26:41person
26:41behind
26:42him
26:42so
26:43now
26:43the
26:43government
26:44has to
26:44choose
26:45dreams
26:46of
26:46lakhs
26:47of
26:47students
26:49plus
26:50to
26:50have
26:51an
26:51organization
26:52which
26:52is so
26:53strong
26:53that
26:54no
26:54corruption
26:54would
26:55happen
26:55this is
26:56what
26:56our
26:56demand
26:56is
26:56you
26:57want
26:57to
26:57choose
26:57this
26:57or
26:58you
26:58want
26:58to
26:59choose
26:59a
26:59friend
27:03other
27:04political
27:04leaders
27:05have also
27:05joined
27:06the
27:06movement
27:12cjp's
27:13abhijit
27:13dipke
27:14traveled
27:14to
27:14pune
27:15and
27:15joined
27:16the
27:16protesters
27:16and
27:20foreign
27:44Several opposition leaders have also backed the protest.
27:52The system can be replaced, the government can be replaced, the government can be replaced, the government can be replaced.
28:22Rahul Gandhi has supported the students' demands.
28:26From the government's side, Maharashtra Minister Nitesh Rane has met the protesting students.
28:36After Delhi and Rachi, Maharashtra's job aspirants are the latest to take their fight to the streets,
28:43raising questions over recruitment, transparency and accountability.
28:48Bureau Report, India Today.
29:01The latest news break coming in.
29:03British Airways flight BA295 from London to Chicago has declared an emergency over Ireland
29:08after the plane dropped 19,000 feet in minutes.
29:11Approximately one hour after departure from London's Heathrow Airport,
29:15the aircraft experienced an unexpected operational issue over Ireland.
29:20Air traffic tracking data indicates that the long-haul twinjet initiated a rapid descent,
29:27dropping 28,000 feet to an altitude of 9,000 feet within just minutes.
29:32More details are awaited.
29:35We're going to keep our viewers on top of that.