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Intra-party dispute, not falling within the scope of defection: Shinde cou+nsel to Supreme Court

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Eknath Shinde (1)

Chief Minister Eknath Shinde’s counsel on Wednesday told the Supreme Court that there is no split in the political party rather, there is a dispute over its leadership, which can be said to be an “intra-party” dispute, not falling within the scope of defection. Shinde’s counsel added, “no two Shiv Senas, two groups in a political party…”

A bench headed by Chief Justice N.V. Ramana and comprising Justices Krishna Murari and Hima Kohli was hearing petitions filed by the Shiv Sena and its rebel MLAs on constitutional issues of splits, merger, defection, and disqualification.

After hearing arguments, the top court asked Shinde’s counsel to redraft the submissions on petitions filed by the Uddhav Thackeray faction on constitutional issues, which arise out of the political crisis in Maharashtra.

Senior advocate Kapil Sibal, representing the Thackeray faction, said the rebel MLAs, Shinde’s faction, can save themselves from disqualification under the tenth schedule of the Constitution only by merging the splinter group with another party, otherwise there is no defence for them. He added that the rebel group violated the chief whip, and they are disqualified as per the tenth schedule.

Senior advocate Harish Salve, representing Eknath Shinde, said there can be a dissenting member in the political party and there has to be democracy within the party. He said, “No two Shiv Senas, two groups in a political party…”

Salve argued that there is no split in the party, instead there is a dispute over its leadership, which can be termed an “intra-party” dispute, not falling within the scope of defection. He said the anti-defection law will apply only to those who have given up the membership of a political party, and his client has not given up the original membership of the party.

Salve said anti-defection law is not a weapon for leaders to lock up members after losing the majority.

He added that if there are a larger number of MLAs who are not satisfied with the way the chief minister is functioning and want a change, why can’t they say there should be a fresh leadership contest? And, changing CM is not anti-party, rather intra-party.

Chief Justice queried Salve, can you form a new party saying the leader did not meet you? Salve replied, “I am within the party…I am the dissenting member within the party,” and also cited the split in Congress in 1969.

The Chief Justice further queried Salve, “What is the purpose of you approaching the ECI (Election Commission of India)?” Salve said after Thackeray resigned there were political developments and municipal elections were near, and who should get the symbol?

Salve added that it is not the case that the MLAs have voluntarily given up their party’s membership. “Not a case of defection… Today it is the case of intra-party rebellion and nobody has given voluntary membership from the party,” he submitted.

The top court, asking Salve to redraft the questions of law, scheduled the matter for further hearing on Thursday.

National News

Government Cracks Down on OTT Platforms Over Obscene Content

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New Delhi, July 25, 2025 — In a significant move targeting explicit digital content, the Government of India has taken steps to block several over-the-top (OTT) platforms accused of streaming obscene and vulgar material. Platforms such as ALTBalaji, ULLU, and a few others have come under the scanner for allegedly violating Indian content regulations and societal norms.

The Ministry of Information and Broadcasting, acting on multiple complaints from citizens and civil society groups, initiated the ban after conducting an internal review. Authorities stated that certain shows and web series available on these platforms contained content that was “sexually explicit,” “vulgar,” and “not suitable for public viewing,” especially in households with children.

The decision has stirred a wider debate around content regulation and creative freedom in India’s rapidly growing digital entertainment sector. While officials maintain that the step was necessary to uphold decency standards and protect cultural values, critics warn of overreach and censorship.

A senior official said, “This is not about targeting creative freedom. This is about ensuring that OTT content does not cross legal and moral boundaries. There are clear guidelines, and platforms are expected to adhere to them.”

The platforms affected reportedly failed to comply with warnings issued earlier regarding their programming. Despite advisory notices and reminders to filter or restrict adult content, several web series continued to feature nudity, explicit scenes, and suggestive themes without proper age-gating or viewer discretion tools.

In recent years, OTT platforms have grown in popularity, especially among younger audiences, with many bypassing traditional film and TV regulations. The government had previously introduced a self-regulation framework for digital content providers, but critics say enforcement has been lax, leading to the current clampdown.

Some media rights advocates and artists expressed concern over the lack of transparency in the banning process and called for an independent review mechanism. Others, however, welcomed the move, stating that unchecked access to graphic content could have a detrimental effect on social behavior and minors.

As of now, the banned platforms remain inaccessible in India. The Ministry has hinted at further actions if other OTT providers do not align their content with the prescribed code of ethics and IT rules.

This development marks a turning point in India’s digital media regulation and sets the stage for possible stricter content monitoring across streaming platforms in the future.

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National News

2 Teachers Killed, 10 Injured In Van-Truck Collision In Chhattisgarh’s Korba

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Korba: Two women teachers were killed and ten other persons injured after a van in which they were travelling collided with a trailer truck in Chhattisgarh’s Korba district on Thursday, police said.

About The Accident

The accident occurred in the morning near Tanakhar village when 11 staffers and two students of Eklavya Model Residential School, run by the tribal development department, in Pondi Uproda village were heading to their institute from Katghora town, a police official said.

As per preliminary information, the van driver attempted to overtake another vehicle and ended up colliding with a truck, coming from the opposite direction.

A total of 12 occupants of the van sustained injuries, he said.

The victims were taken to the Community Health Centre Katghora, from where the seriously injured persons were referred to different hospitals, he said.

Two teachers, identified as Anjana Sharma (30), a resident of Delhi, and Manju Sharma (32) of Haryana, succumbed to their wounds during treatment at a hospital, he said.

The two deceased were staying in rented houses in Katghora.

Five injured persons have been admitted to a hospital in Korba, two in Bilaspur, and three others, who sustained minor injuries, in Katghora, he said.

A case has been registered and a probe is underway, he added.

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Maharashtra

Supreme Court Stays Bombay High Court’s Acquittal in 2006 Mumbai Train Blasts Case

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New Delhi, July 24, 2025 — The Supreme Court of India has issued a stay on the Bombay High Court’s recent decision to acquit 12 men previously convicted in the 2006 Mumbai suburban train bombings. The apex court, however, clarified that the accused will not need to return to jail while the legal process continues.

The move comes days after the Maharashtra government filed a challenge against the High Court’s ruling, expressing serious concern over the acquittal of all 12 individuals who had been found guilty nearly a decade earlier. The Supreme Court agreed to examine the appeal and put the acquittal order on hold until further notice.

Background of the Case

On July 11, 2006, a series of coordinated bomb blasts targeted local trains on Mumbai’s Western Railway line during evening rush hour. The attacks resulted in the deaths of around 190 people and left over 800 injured. It was one of the deadliest terror strikes in India’s history.

In 2015, a special court convicted 12 men under anti-terror laws, sentencing five to death and the remaining to life imprisonment. However, the Bombay High Court overturned these convictions in July 2025, citing weak and unreliable evidence, inconsistencies in witness testimonies, and procedural lapses in the investigation.

Supreme Court’s Intervention

Responding to the state’s petition, the Supreme Court noted the seriousness of the matter and temporarily suspended the High Court’s decision. The court stated that although the acquittal order is stayed, the accused who had already been released will not be required to surrender at this stage.

Government’s Stand

The Maharashtra government described the High Court’s judgment as deeply concerning, arguing that the earlier trial had followed due process and that crucial evidence—such as confessions and material recovered—was improperly dismissed. The government urged the Supreme Court to uphold the original convictions in the interest of justice for the victims and their families.

What Lies Ahead

The Supreme Court is expected to conduct a detailed review of the High Court’s findings and the prosecution’s evidence. The final verdict could have a significant impact on how terrorism-related cases are investigated and prosecuted in the future, especially with respect to the handling of confessional statements, forensic evidence, and procedural safeguards.

The case continues to be a matter of national attention due to its historical gravity and implications for the justice system. Families of the victims, legal experts, and civil rights advocates are all watching closely as the country’s top court re-evaluates one of India’s most complex terror cases.

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