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Maharashtra

Maharashtra political crisis: SC reserves Shiv Sena case to decide on referring to larger 7-Judge Bench

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uddhav shinde

New Delhi: A 5-judge Constitution Bench, headed by Chief Justice D Y Chandrachud, on Thursday reserved its verdict on the Maharashtra political crisis triggered by split in the Shiv Sena in June last year on whether to refer it to a larger 7-judge Bench in the context of 2016 Nagam Rebia verdict on powers of Assembly speaker to handle disqualification pleas.

Senior advocates Kapil Sibal and Abhishek Manu Singhvi, appearing for former CM Uddhav Thackeray, wanted a larger Bench to decide since the Rebia verdict was also by a 5-judge Bench.

The Bench sat beyond the break up to 1.45 pm to hear submissions from the senior lawyers appearing from Chief Minister Eknath Shinde and ex-CM Thackeray.

Heard counel from parties. Arguments addressed on the question of Nabam Rebia being referred to a larger bench. Orders reserved,” the CJI said on behalf of the Bench comprising Justices M R Shah, Krishna Murari, Hima Kohli and P S Narasimha.

Nabam Rebia case of Arunachal Pradesh

In 2016, a five-judge constitution bench, while deciding the Nabam Rebia case of Arunachal Pradesh, had held that the assembly speaker cannot proceed with a plea for disqualification of MLAs if a prior notice seeking removal of the speaker is pending decision in the House.

The judgement had come to the rescue of the rebel MLAs led by Eknath Shinde, now the chief minister of Maharashtra. The Thackeray faction had sought their disqualification noting that a prior notice seeking removal of the Deputy Speaker was pending in the House.

In the instant case, the Shinde group had sought removal of deputy speaker Narhari Zirwar, having an allegiance to Thackeray group, ahd asserted that he cannot disqualify anybody when a notice for his removal is pending.

‘Manipulation in legislature’

Sibal pleaded with the court not to allow toppling of the elected governments the way Shinde group did as it is a fundamental principle of democracy. He said what was done in Maharashtra was manipulation in the legislature, stressing that “it will happen and it has already happened.”

He said even if a thumping majority of say 40 out of 50 revolt, they can be disqualified by the Speaker or the Deputy Speaker under the 10th Schedule of the Constitution. Only the merger of the defectors with another party can save them from disqualification.

He and Singhvi ridiculed the Shinde group quoting the Nabam Rebia ruling in their notice against then deputy speaker of the Maharashtra Assembly, but their senior lawyers Harish Salve, N K Kaul and Mahesh Jethmalani now oppose a larger bench to vet the Rebia ruling. Solicitor General Tushar Mehta, appearing for the Maharashtra governor, also opposed reference to a 7-judge bench as it will delay the finality.


How Shinde became Maharashtra CM

They argued that Thackeray was asked by the Governor to prove his majority on June 30, but he resigned a day earlier and that led to Shinde becoming the Chief Minister. Sibal said the Shinde group rushed a notice to then deputy speaker to paralyse him.

He ridiculed the lawyers of Shinde group claiming that the issue is only academic, but the fact is that it has elected a new Speaker who cannot be removed now by the Thackeray group.

Sibal also indirectly hinted how then Justice Arun Mishra heard the defection case of Rajasthan against the Congress government almost on daily basis while putting off the Goa case for two years since the Congress MLAs had merged into the BJP to help it form the government.

Maharashtra

Police on High Alert for Bakra Eid: Action Against Communal Elements, Says Police Commissioner Ashutosh Dumbre

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Mumbai: As Bakra Eid approaches, the Thane police have heightened vigilance against communal elements and initiated actions to curb any attempts to disturb peace. In a press briefing, Police Commissioner Ashutosh Dumbre emphasized the importance of maintaining law and order during this festive period. He stated that strict enforcement of the prohibition on cow slaughter in Maharashtra is mandatory, and violators will face severe consequences.

To ensure a peaceful environment, the police have increased patrolling in sensitive areas, including Kalyan, Ulhasnagar, Rabodi, Bhiwandi, and Mumbra, which have significant Muslim populations. Dumbre mentioned that additional deployment of forces will be in place during Bakra Eid and other festivities in the region.

The police commissioner emphasized that adherence to the guidelines set forth by the Municipal Corporation during the festival is essential. In collaboration with community leaders and scholars, the police have held meetings to ensure communal harmony. The Qureshi community reassured the police that they will refrain from sacrificing prohibited animals, underscoring a commitment to following the law.

To facilitate the arrival and purchase of goats before Eid, the police have stepped up patrols to prevent any potential difficulties. Precautionary measures have also been established to safeguard livestock traders from harassment. It is mandatory for goats and sacrificial animals to be air-tagged, which will only occur after a veterinary examination.

Commissioner Dumbre reiterated that Islam is a religion of peace and that fostering communal harmony is crucial during this time. In light of the upcoming festivities, the police have issued an alert within the police commissionerate. Special arrangements will be made at Eidgahs and mosques during Bakra Eid. He urged Muslims to conduct their rituals with dignity by avoiding the display of bloodied clothing and weapons and to transport meat discreetly in sealed bags or containers.

The police’s proactive stance aims to ensure that Bakra Eid is celebrated peacefully while upholding the laws of the state. Community cooperation and adherence to regulations will be key in making this festive season a harmonious occasion in Mumbai.
In Maharashtra, there is a complete ban on cow slaughter, and necessary instructions have been given to the police regarding this. Strict action will be taken against anyone who violates this ban. It was stated that cleanliness is half of faith, so during the process of sacrifice, waste and other items should be packed in bags and disposed of in bins, adhering to the guidelines and Islamic methods for sacrifice. The police commissioner advised that photos and videos of the sacrifice process should not be taken, as many people upload these images and videos on social media, which may hurt the religious sentiments of others and pose a risk of spreading religious hatred. The police commissioner urged Muslims to avoid such actions.

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Maharashtra

Special Court Denies Bail To Gangster Chhota Rajan In 2005 Arms Recovery Case

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Mumbai: The special court for the Maharashtra Control of Organised Crime Act (MCOCA), hearing the cases against incarcerated gangster Chhota Rajan, has refused to grant him bail in a 2005 case of recovery of a huge quantity of arms and ammunition. The court noted that the trial would be over in a few months, and at this juncture, his request cannot be considered.

As per the prosecution, Rajan and his close aide Bharat Nepali had imported a container consisting of 27 drums of grease from Bangkok, and one of them was found to conceal 34 revolvers, three pistols, a silencer, and 1,283 live cartridges. This came to light with the arrest of Nepali’s henchman Mukund Patel, who on May 21, 2005, was found with a revolver with two live rounds in the vicinity of Lata Bar and restaurant near Kandivali (W) railway station.

During interrogation about the source, he had revealed it was part of the consignment ordered by Rajan and Nepali. Later, Patel guided the investigating team to the Nhava Sheva Port, where the drum with the weapons was. It was revealed that the consign – ment had reached Mumbai on May 18, 2005, and the same was also cleared by Customs officers.

While seeking bail, Rajan’s lawyer contended that he had been falsely implicated and that he had already suffered incarceration of nearly 10 years after his arrest in the case in November 2015. The plea was opposed by the prosecution on the ground that there is enough evidence against Rajan. He contended that the officer who had interrogated Rajan had identified his voice in an intercepted audio recorded in September 2005.

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Maharashtra

Dhule Alert: Crores of rupees recovered from a room in a government rest house – Case registered against three including PA of Panchayat Raj Samiti Chairman Arjun Khotkar

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Dhule, Maharashtra: The case of recovery of crores of rupees in cash from room number 102 of the government rest house in the district has created a stir in political circles. In this case, the police have registered a case against three people including Kishor Patil, personal assistant (PA) of Panchayat Raj Samiti President Arjun Khotkar.

According to sources, the police raided the government rest house located in the heart of Dhule city on the basis of secret information.

During the search, a huge amount of cash was recovered from room number 102, the estimated value of which is being told in crores. The police suspect that this amount was brought for political use or illegal transactions before the municipal elections.

On the basis of the investigation so far, the police have registered a case under the Indian Penal Code and Prevention of Corruption Act against Kishor Patil, considered close to Arjun Khotkar, and two other persons – whose identity has been kept confidential for the time being.

Giving information to the media, Dhule Superintendent of Police said, “The matter is being investigated in depth. The legal validity of the recovered amount, its source and what it was going to be used for – is being investigated. The interrogation of the accused is going on and if needed, other people will also be brought under the ambit of interrogation.” Meanwhile, this matter has created a stir in the political corridors. The opposition has lodged a strong protest calling it a case of “black money” of the ruling party. At the same time, no official response has come from Arjun Khotkar so far. Further action: At present, the police have seized the cash and the process of sending it for forensic investigation has been started. The interrogation of accused Kishore Patil and two other persons is going on. The police is also trying to find out on whose instructions and for what purpose this cash was brought to the rest house.

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