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SC says freebies to influence voters’ serious issue, asks Centre for way to curb it

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The Supreme Court on Tuesday flagged the issue of political parties promising freebies to influence voters as serious, and asked the Central government to examine the matter so as to control promises of freebies to induce the electorate.

A bench, headed by Chief Justice N.V. Ramana asked the Centre, to find out from the Finance Commission, if there is a possibility of curbing state governments and political parties from promising and distributing irrational freebies to induce voters.

Initially, the bench queried Additional Solicitor General K.M. Nataraj to find out Centre’s stand on the issue.

“You take a stand whether freebies should continue or not,” the bench, also comprising Justices Krishna Murari and Hima Kohli, told Nataraj, representing the Central government.

On the other hand, counsel representing the Election Commission submitted that it was held in previous judgments that a manifesto was part of the promises of a political party.

At this, the bench replied: “We are on freebies to bribe the electorate. Now if you say it’s hands off for you, then what is the purpose of the Election Commission of India?”

In April this year, the EC told the Supreme Court that offering freebies either before or after the elections is a policy decision of the political party, and it cannot regulate state policies and decisions taken by the parties.

The EC counsel suggested that the Central government could bring a law to deal with the issue, but Nataraj suggested that it falls under the domain of the EC.

Taking exceptions to Nataraj’s submissions, the bench asked the Central government to take a stand on the matter.

“Why don’t you say that you have nothing to do with it and the ECI has to take a call? I’m asking if the government of India is considering whether it’s a serious issue or not?

“Why are you hesitating to take a stand? You take a stand and then we’ll decide whether these freebies are to be continued or not,” it told Nataraj.

At this juncture, the bench turned to senior advocate Kapil Sibal, who was present in the courtroom for another matter. “Mr. Sibal is here as a senior parliamentarian. What is your view?…. How to control these freebies?”

Sibal said freebies were a “serious issue” and it would be not fair to put the liability on the Central government. He said this issue had to be tackled at the state government level and suggested tapping into the expertise of the Finance Commission.

Citing that the Finance Commission is an independent body, Sibal added that while making allocations to the states, it can examine debts of each individual state and could scrutinise whether offers of freebies are viable, or not.

The bench then told Nataraj: “Please find out from the Finance Commission. Will list this sometime next week… what is the authority to initiate debate…”.

The top court scheduled the matter for further hearing on August 3.

Petitioner advocate Ashwini Kumar Upadhyay termed the issue serious and submitted that EC should bar the state and national political parties from giving such things. “There should be some reasonable promise,” said Upadhyay citing a total debt of Rs 6.5 lakh crore. “We’re on our way to becoming Sri Lanka,” he said.

The top court was hearing a PIL by Upadhyay against the announcements made by political parties for inducing voters, through freebies, during elections.

In an affidavit, the ECI said: “Offering/distribution of any freebies either before or after the election is a policy decision of the party concerned and whether such policies are financially viable or its adverse effect on the economic health of the state is a question that has to be considered and decided by the voters of the state.”

It added: “The Election Commission cannot regulate state policies and decisions which may be taken by the winning party when they form the government. Such an action without enabling provisions in the law, would be an overreach of powers.”

Upadhyay’s PIL claimed that the promise or distribution of irrational freebies from public funds before polls shakes the roots of a free and fair election, and vitiates the purity of the election process. The plea sought a direction from the top court to declare that the promise of irrational freebies, which are not for public purposes, from public funds before election, violates Articles 14, 162, 266(3), and 282 of the Constitution.

The plea contended that a condition should be imposed on the political party that they would not promise or distribute irrational freebies from the public fund. The EC responded that it “may result in a situation where the political parties will lose their recognition even before they display their electoral performance”. The top court had issued notice on the plea on January 25.

Maharashtra

Mumbai: 32-Year-Old Woman Dies By Suicide In Santacruz; Partner Takes Body To Parents’ Home

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Mumbai: A 32-year-old woman, identified as Farhana Khan, allegedly died by suicide after hanging herself from a ceiling fan at her residence in the Davri Nagar locality of Vakola, Santacruz East, on Monday afternoon, police said.

According to officials, following the incident, Khan’s live-in partner did not inform the police or seek medical help. Instead, he transported her body to her parents’ home, as reported by news agency PTI. The Vakola police have registered a case and are investigating the circumstances surrounding the incident. Further details are awaited.

In another tragic incident of suicide in the city, a 34-year-old man was found hanging at his residence in Andheri West on Monday. The deceased has been identified as Manish Thombare, who worked with a private company and lived in Sai Baba Society, Gaondevi Dongari.

According to DN Nagar police, the incident occurred between 11:30 pm. on Sunday and 11:30 am on Monday. Thombare lived with his brother and sister-in-law. He had gone to sleep in an upstairs room, and when he failed to come downstairs the next morning, his brother went to check on him and found him hanging from the ceiling fan with a saree.

He was immediately rushed to a nearby hospital, where doctors declared him dead. His body was later sent to Cooper Hospital in Vile Parle (West) for a post-mortem examination. Preliminary investigations suggest that Thombare was suffering from depression due to family issues. He was married in 2022 but got divorced four months ago. He had no children. An Accidental Death Report (ADR) has been registered, and further investigation is underway.

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National News

Supreme Court Cancels Bail Of Chhota Rajan In 2001 Mumbai Hotelier Murder Case

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New Delhi: The Supreme Court on Wednesday cancelled the bail of mafia don Rajendra S. Nikalje, alias Chhota Rajan, in the 2001 sensational murder of Mumbai hotelier Jaya Shetty.

A Bench of Justices Vikram Nath and Sandeep Mehta allowed the special leave petition (SLP) filed by CBI (Central Bureau of Investigation) challenging a Bombay High Court’s order granting bail to Chhota Rajan and suspended his life sentence.

The Justice Nath-led Bench noted the submission of Additional Solicitor General (ASG) S.V. Raju, who appeared on CBI’s behalf, that Chhota Rajan stood convicted in four other cases and remained absconding for around 27 years.

After a Special MCOCA Court convicted Rajan and others in the sensational murder case and handed him his second life sentence in nearly nine years, Rajan filed an appeal before the Bombay High Court.

In October last year, a Bench of Justices Revati Mohite-Dere and Prithviraj K. Chavan suspended the sentence pending disposal of the criminal appeal and ordered his release on bail. However, Rajan could not avail the benefit of bail as he is already serving a life sentence in New Delhi’s Tihar Central Jail for the 2011 daylight murder of crime journalist Jyotirmoy Dey at Powai.

The Shetty murder case was among the dossier of 71 major offences that were handed over by the CBI to the Indonesian government after Rajan was nabbed in the tourist haven of Bali and subsequently deported to India in November 2015.

Shetty, the owner of the Golden Crown Hotel in south Mumbai, was shot dead by two gunmen on May 4, 2001, with the hit ordered by Rajan, a bitter rival of the absconder terrorist don Dawood Ibrahim Kaskar, triggering a huge sensation in the hospitality and political circles.

After the long trial, the Special MCOCA Court Special Judge A. M. Patil found Rajan guilty and sentenced him to life in jail, along with the other accused, Rahul Pansare, Ajay Mohite, and Pramod Dhonde.

Shetty had become a victim in an alleged extortion case and had been provided with police security, which was withdrawn a couple of months before he was targeted and killed.

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Maharashtra

Mumbai: Red Paint Thrown At Meenatai Thackeray’s Statue At Shivaji Park; Raj Thackeray Visits Site, Uddhav Expected Soon

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Mumbai: Political tensions emerged at Dadar’s Shivaji Park on Wednesday after miscreants threw red paint on bust of Meenatai Thackeray’s- Shiv Sena founder Balasaheb Thackeray’s wife. The bust is located at the entrance of the park. Shiv Sena (Uddhav Thackeray) workers reached the spot and removed the paint. The incident took place early morning. By afternoon, Sena UBT workers put garlands on the Meenatai’s bust after cleaning it.

As per locals, there is a security guard always deployed 24/7 at the park and expressed surprise at the incident. MNS Chief Raj Thackeray, who resides in Dadar’s Shivaji Park, went to the site of the desecration after being made aware of the incident and took stock of the situation. As per locals, Shiv Sena (UBT) chief Uddhav Thackeray will also visit Shivaji Park later in the afternoon.

As per reports, CCTV footage from the area shows a person near the statue around the time of the incident. Investigations are underway to establish the identity of the individual. No formal complaint with the police has been registered so far.

The iconic Shivaji Park ground holds historic importance, socially as well as politically. The park also houses late Balasaheb Thackeray’s memorial next to Chhatrapati Shivaji Maharaj’s statue inside the ground.

As per the tradition, the ground will hold Shiv Sena UBT’s Dussehra melave next month.

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