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CJI to Shinde: Ignoring political parties after being elected, isn’t a danger to democracy?

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 The Supreme Court on Thursday queried Maharashtra Chief Minister Eknath Shinde’s counsel, that ‘if completely ignoring political parties after being elected, is it not a danger to democracy?’

Shinde’s counsel submitted that his client is not disqualified, and he has also not left the party, and emphasized on the aspect of dissent within a political party.

Senior advocate Harish Salve, representing Shinde, submitted that disqualification under the Tenth Schedule of the Constitution takes place, only if the Speaker reaches a conclusion that a member has voted against the stand of a party. Salve added that if the Speaker of an Assembly takes one or two months to decide on disqualification pleas against MLAs, then what does this mean? That they should stop attending the proceedings of the House? He further added, “There is no per se illegality principle, until and unless there is a finding of disqualification…”

A bench headed by Chief Justice N.V. Ramana and comprising Justices Krishna Murari and Hima Kohli said, “What is the use of whip then? Does anti-defection apply to only those things?”

Salve replied that the anti-defection law cannot be an anti-dissent law.

The Chief Justice queried, if completely ignoring political parties after being elected, is it not a danger to democracy? Justice Ramana further queried “You say this court and high court should not hear this and this is after you had approached us first.”

Salve said that in facts of this case, there is nothing to show that these people left the party. The Chief Justice told Salve, “Today you say the court can’t go into the issue…because the Speaker has the power”. Salve said, “I am not disqualified, I have not left the party…”

Senior advocate Kapil Sibal, representing the Uddhav Thackeray faction, submitted that there was no need to refer the issue to a constitution bench.

The Chief Justice posed a query, suppose there are two groups saying we are the real political party, and general members of the political party cannot claim to recognise who is the original political party. Sibal contended that a group may say that they have the support of 40 out of 50 MLAs, so they are the real political party. He added, if the 40 are disqualified? If the Election Commission decides one way or the other, what happens to this defection?

Senior advocate Abhishek Manu Singhvi, also representing the Thackeray group, said that till this court decides, how can Election Commission decide this issue, and later they would say that these proceedings are infructuous?

Senior advocate Arvind Datar, representing the Election Commission, submitted that disqualification of rebel MLA means their disqualification from the House, not from the political party. Datar added that this is not a political issue and the Tenth Schedule cannot interdict this. “I can only decide who can have the symbol after the evidence is adduced,” said Datar.

After hearing arguments, the top court orally asked the Election Commission of India to not take any precipitative action on the claim raised by the Shinde group for recognising them as the real Shiv Sena party in the meanwhile, and allow Thackeray faction to submit their response. The top court said it will decide by Monday whether to refer to a larger bench regarding the constitutional questions involved in the disqualification of MLAs arising from the Maharashtra political scenario.

Crime

Andhra Pradesh Govt Suspends Three IPS Officers Over Actress Harassment Case

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The Andhra Pradesh government on Sunday suspended three senior IPS officers following an inquiry into the allegations made by a Mumbai-based actress, Kadambari Jethwani. The state government issued orders suspending P. Sitharama Anjaneyulu, then Director General of Police, Intelligence; Kanthi Rana Tata, the then Commissioner of Police, Vijayawada, and Vishal Gunni, then Deputy Commissioner of Police, Vijayawada.

She and her parents allegedly faced harassment at the hands of police officers at the instance of a leader of YSR Congress, which was then the ruling party in Andhra Pradesh. The suspensions were issued under Rule 3 (1) of the All India Services (Discipline & Appeal) Rules, 1969. Sitharama Anjaneyulu has been suspended on allegations of misuse of power and grave misconduct.

He had allegedly instructed the other two officials to arrest the actress, even before a formal crime had been registered. There are allegations that Kanthi Rana Tata arrested the actress based on oral instructions from his superior on January 31, 2024, before the registration of the FIR on February 2.

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Crime

UP: Man Beats Wife To Death In Amroha For Not Meeting Dowry Demands Of TVS Apache Bike & ₹3 Lakh Cash

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Amroha: In a tragic incident from Uttar Pradesh’s Amroha, a young woman named Meena was brutally beaten to death by her husband, Sundar, for not fulfilling his dowry demands. Sundar, a resident of Baikheda village, had been married to Meena for two years and had persistently demanded a TVS Apache bike and Rs 3 lakh as dowry. Despite repeated harassment over the dowry, Meena was unable to meet his demands, a situation she had confided to her father.

Meena had been staying at her father’s home in Soharka since the festival of Rakshabandhan, possibly seeking refuge from the abuse. Sundar continued visiting her daily, often having meals with her family, creating an appearance of normalcy.

Sundar Brought Meena Back Home, Later Killed Her

On Sunday night, he came to bring her back to his house. Once there, Sundar confronted her again about the dowry and, in a violent fit of rage, attacked her with sticks. Unable to force her compliance, he strangled her to death before fleeing the scene.

It was the local residents who first alerted the authorities to the murder. Upon hearing the devastating news, Meena’s family rushed to the police station, demanding immediate action against Sundar. Her father, Vijay Khadak Banshi, later lodged a formal complaint accusing Sundar, along with his mother, sister and four others, of involvement in the crime.

Case Filed, Manhunt Launched To Nab Accused

The police have registered a case based on the family’s complaint and are actively searching for Sundar, who remains at large. Meanwhile, Meena’s body has been sent for a post-mortem examination to aid in the ongoing investigation.

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National News

Karnataka BJP MLA Munirathna Booked For Alleged Harassment, Bribery & Casteist Abuse

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Bengaluru, September 14: Two FIRs have been registered against BJP MLA Munirathna for alleged harassment, threats and casteist abuse, police said on Saturday. The cases against the Rajarajeshwarinagar MLA were filed at Vyalikaval police station here on Friday, they said.

In the first FIR filed by BBMP (Bruhat Bengaluru Mahanagara Palike) contractor, Cheluvaraju, he accused the MLA of demanding Rs 30 lakh as a bribe and threatening to terminate his contract if he did not pay the amount.

In his complaint, he alleged that initially, Munirathna had demanded Rs 20 lakh in 2021 from him over a solid waste disposal contract. However, despite making that payment for getting 10 auto trippers for a waste management contract, he was not sanctioned those vehicles by the civic body.

According to the FIR, Cheluvaraju was being repatedly harassed by the MLA who allegedly verbally abused him and also physically assaulted him. In the complaint, he further alleged that the MLA did not allow him to execute his work and had even slapped him in September 2023.

Along with the MLA, three others, including government officials, were also named in the FIR for allegedly threatening, abusing and harassing the contractor. He also alleged that because of the repeated harassment, he even thought of ending his life, it said. Cheluvaraju has also released an audio recording of a phone conversation between him and the accused MLA.

According to police, the second FIR has been filed against the MLA on the complaint of a BBMP corporator who alleged that the MLA hurled casteist abuse, insulted his caste and family. The MLA allegedly asked Chaluvaraju not to associate himself with the corporator because of his caste.

The FIR was registered under SC and the ST (prevention of atrocities) Act and other sections of the Bharatiya Nyaya Sanhita, police added.

A senior police officer said, “Based on the complaints received, we registered two separate cases against the MLA who has been accused of threats, harassment, bribery and casteist abuse. The matter is being investigated.”

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