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Plea in SC challenging delimitation exercise in J&K

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A plea has been moved in the Supreme Court challenging the March 2020 decision of the Central government to appoint a Delimitation Commission to redraw the constituencies of Jammu and Kashmir.

The plea moved by Haji Abdul Gani Khan and Dr. Mohammad Ayub Mattoo, both residents of Kashmir, sought directions seeking a declaration that an increase of number of seats from 107 to 114 in the union territory of Jammu & Kashmir is ultra vires the constitutional provisions such as Articles 81, 82, 170, 330, and 332 and statutory provisions particularly under section 63 of the Jammu & Kashmir Reorganisation Act, 2019.

The plea also urged the top court to issue a direction to declare notification issued on March 6, 2020 constituting the Delimitation Commission to take up delimitation in the UT of J&K and states of Assam, Arunachal Pradesh, Manipur and Nagaland as violative of Article 14 of the Constitution.

“In fact, in the State of Jammu and Kashmir, the census operation was completed in 2001, but the delimitation was done in 1995. Even on this count, the entire process adopted is unconstitutional as there was no population census operation during 2011 at all for Jammu and Kashmir,” said the plea.

The plea argued that if August 5, 2019 was to unite the Jammu and Kashmir state with India, then the delimitation process defeats the “new order” of one nation and one Constitution in the country. It said: “While Article 170 of the Constitution of India provides that the next delimitation in the country will be taken up after 2026, why has the UT of Jammu and Kashmir been singled out?”

The plea added that after the census of 2001, the Jammu and Kashmir Assembly amended ‘Section 47’ of the Jammu and Kashmir Constitution, vide the Jammu and Kashmir (Twenty-nine amendment) Act, 2002, to put on hold the delimitation exercise till after 2026, identical to and in tune with Article 170 of the Indian Constitution.

“Issuance of Notification by the Law and Legislative Department appointing the Delimitation Commission is without jurisdiction, unconstitutional and ultra vires to the election laws apart from J&K Reorganisation Act, 2019,” it added.

The plea contended that any move to increase the number of seats in Jammu and Kashmir must be preceded by a constitutional amendment, besides the amendment of elections laws, namely, the Delimitation Act, 2002 and the Representation of People Act, 1950.

It added that the Delimitation Commission had issued guidelines and methodology for the Delimitation of Assembly and parliamentary constituencies on July 5, 2004, along with the constitutional and legal provisions. “It clearly stated that the total number of existing seats in the Legislative Assemblies of all states, including UTs of the National Capital Region and Pondicherry, as fixed based on the 1971 census shall remain unaltered till the first census to be taken after the year 2026,” it added.

Crime

Class 12 Girl Brutally Murdered By Classmate Using Koyta In Baramati College; Post-Crime Visuals Surface

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Class 12 Girl Brutally Murdered By Classmate Using Koyta In Baramati College; Post-Crime Visuals Surface

Pune: In a shocking incident in Baramati on Monday, a grade 12th student was brutally murdered by his classmate on the campus of Tuljaram Chaturchand College. Both the victim and accused were minor and the police have arrested the suspect, reports say.

The incident took place on Monday morning around 11.30 am after a heated argument between the two classmates. In the rage of anger one of them attacked another by a sharp weapon (koyta) after which the victim was taken to a nearby hospital. However, he was declared dead on arrival by the doctors. Police soon reached the spot and arrested the attackers, reports say, adding that one more classmate was involved in the attack.

The incident has sent shockwaves across Maharashtra. MP from Baramati and NCP (SP) Supriya Sule slammed the government for the crippling law and order in the state amid rising crimes. “A youth was killed in a broad daylight in the Baramati college is shocking and unfortunate. The law order is deteriorating day by day and criminals have are left with no fear,” Sule posted on X.

She added that, the incidents of people roaming around with a sword, koyta or pistols have increased. The Gundaraj in Maharashtra has because of failure of Home Minister Devendra Fadnavis, taking our state years back,” the NCP (SP) added.

Further investigation in case is underway.

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Crime

Badlapur Rape Accused Akshay Shinde’s Family Terms His Death As Planned Encounter; ‘They Killed Him,’ Says Grieving Mother

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Badlapur Rape Accused Akshay Shinde's Family Terms His Death As Planned Encounter; 'They Killed Him,' Says Grieving Mother

Mumbai: The death of Akshay Shinde, man accused of sexual assault of two minors, while in police custody has triggered a political controversy in Maharashtra. Shinde, who had been working as a sweeper at a Badlapur school, was accused of sexually assaulting two minor students. His death occurred near the Mumbra Bypass while he was being transferred from Taloja jail to Badlapur for further investigation on September 23.

The Maharashtra government claims police acted in self-defence, but Shinde’s family alleges foul play, calling it an ‘encounter’ and demanding justice. Meanwhile, opposition parties are calling for a judicial probe.

Allegations By Akshay Shinde’s Family

Following the incident, Shinde’s body was taken to JJ Hospital for a post-mortem. Outside the hospital, his mother and uncle voiced their suspicions, claiming that the police had beaten him in custody and coerced him into writing something unknown. “They killed him,” his grieving mother reportedly said while speaking to the reporters.

They questioned how he could have snatched a policeman’s gun and opened fire, stating that Shinde, who feared simple things like bursting crackers and crossing roads, could not have committed such an act. His mother also revealed that he had sent a chit asking for money, adding to their belief that something was amiss.

Thane police commissioner Ashutosh Dumbre has established an eight-member inquiry committee to investigate the incident. The panel, led by Additional Police Commissioner Punjabrao Ugle, includes several deputy and assistant commissioners of police, as well as police inspectors. The inquiry will examine the circumstances leading to Shinde’s death, with a focus on the police’s claim of self-defence.

What Exactly Happened?

According to the police version, Shinde allegedly grabbed a policeman’s gun while being transported and shot at an assistant police inspector. In response, another officer fired at him, resulting in Shinde’s death at Kalwa civil hospital. The police had been transporting him as part of a probe related to allegations made by his ex-wife, who had accused him of sexual violence.

Family Terms Death As ‘Planned Encounter’

Shinde’s family, however, maintains that his death was a planned encounter. His mother insisted that her son was innocent and incapable of the violence described by the police, adding, “He didn’t even know how to drive a car, how could he fire such a big gun?” She demanded that those responsible for his death be punished.

Maharashtra Chief Minister Eknath Shinde and Deputy CM Devendra Fadnavis have supported the police’s account, stating that officers acted in self-defence after Shinde fired at them. Fadnavis, who also holds the home ministry portfolio, dismissed opposition criticism, stating that it was wrong to question the police when they were trying to save lives.

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Crime

Maharashtra: 16-Year-Old Girl Gangraped By 2 Men In Nalasopara; 1 Arrested

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Mumbai: Police have arrested one person and are searching for another suspect who is on the run after the pair allegedly gangraped a 16-year-old girl and blackmailed her by threatening to release a video if she approached the police.

The incident took place in Palghar district’s Nalasopara neighbourhood.

Case Filed Against The Two Men

The Achole Police Station has filed a case against two men, accusing them of violating several provisions of the BNS as well as the Protection Of Children from Sexual Offences Act (POCSO) Act, based on the survivor’s statement. While police are looking for Jian, the other accused, 23-year-old Anees Shaikh, has been arrested.

About The Incident

According to the police, the girl a resident of Malad had met accused Shaikh, through social media in August and befriended him. According to her statement to police on September 2, Shaikh called her to Nalasopara for a tuition class. When the girl went to meet him, Shaikh took her to a lodge and allegedly raped her.

On September 5, Anees invited her again and, along with Jian, took her on a bike to a lodge in Arnala. There, Anees allegedly raped her again, and Jian recorded the incident on video while also physically assaulting her. According to the police officials, the accused used it to blackmail her to keep quiet about the incident. He reportedly said, “If you tell anyone about this, then it will be bad.”

The minor later filed a complaint at the Arnala Sagar Police Station. Although the first incident occurred within the Achole Police Station’s jurisdiction, Arnala Sagar Police Station registered the case and transferred it to the Achole Police Station.

Police said they are continuing their investigation and are working to apprehend the second accused, Jian.

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