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Shiv Sena Case Is Before SC’s 7-Judge Bench Today

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A seven-judge Bench of the Supreme Court will today hear the 2022 case of Shiv Sena leader Subhash Desai versus Principal Secretary of the then Maharashtra Governor on whether issuing a notice seeking the removal of the Speaker restrains him from adjudicating disqualification petitions under the Tenth Schedule of the Constitution.

Bench to also hear Nabam Rebia vs Deputy Speaker case

The Bench, led by Chief Justice of India (CJI) DY Chandrachud, will also reconsider its 2016 decision in the Nabam Rebia vs Deputy Speaker case, which will have a significant bearing on the political crisis that led to the ouster of then Chief Minister Uddhav Thackeray. The case pertains to the political crisis that began in June 2022, when current Chief Minister Eknath S. Shinde and a large number of MLAs from the Shiv Sena rebelled against then Chief Minister Uddhav Thackeray in the Maharashtra Vidhan Sabha, leading to the collapse of the Maha Vikas Aghadi (MVA) government, comprising the Shiv Sena, the Nationalist Congress Party and the Indian National Congress.

Subhash Desai, the then general secretary of the Thackeray-led Shiv Sena, filed a petition challenging the governor’s invitation to Shinde to form the government.

On August 23, 2022, a three-judge bench of the Supreme Court comprising then CJI NV Ramana and Justices Krishna Murari and Hima Kohli observed that the matter raised important constitutional questions on the interpretation of the Tenth Schedule of the Constitution (Anti-Defection law) and referred it to a five-judge bench.

10 questions on power of speaker

The bench formulated ten questions in the reference order pertaining to the power of the Speaker or the Deputy Speaker to initiate disqualification proceedings while proceedings on their removal are pending. It also referred to the five-judge Constitution Bench ruling in the Nabam Rebia vs Deputy Speaker (2016) case, wherein it was held that the Speaker of a House cannot decide a disqualification petition filed under the antidefection law while a notice under Article 179(c) for his removal is pending.

However, on May 11, 2023, a five judge bench comprising CJI Chandrachud and Justices Hima Kohli, MR Shah, Krishna Murari, and PS Narasimha unanimously decided to refer the Nabam Rebia ruling to a seven-judge bench. The bench, which held that a substantial question of law remains to be settled, also took into account the conflict between the Nabam Rebia judgment and another five judge bench ruling in Kihoto Hollohan v. Zachillhu & Ors (1992) with regard to the scope of judicial interference in disqualification proceedings against a Speaker at an interlocutory stage.

Crime

Mumbai: 11 Months On, No Action Against Cops Who Planted Drugs On Innocent Man In Kalina

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Mumbai: There has been no significant progress in the drug planting incident in Kalina involving four police personnel, even after almost 11 months.

The Vakola police have neither taken any action against the four accused police personnel, nor have they filed the chargesheet or properly recorded eyewitness statements. They have also not added additional NDPS (Narcotic Drugs and Psychotropic Substances) sections to the case, applying only bailable sections instead. As a result, the accused were granted anticipatory bail.

About The Case

On August 30, 2024, four policemen allegedly planted drugs in the pocket of 31-year-old Dylan Estbeiro, an innocent man working at a livestock farm in Kalina, Santacruz East. The entire incident was captured on CCTV, exposing the four police personnel.

The incident dates back to August 30, 2024, when PSI Vishwanath Omble and three constables – Imran Shaikh, Sagar Kamble, and Yogendra Shinde (also known as Dabang Shinde) – in plain clothes from the Khar police station visited Shahbaz Khan’s livestock farm in Kalina, Santacruz East, where Dylan Estbeiro was working. They allegedly frisked Dylan and planted 20 grams of mephedrone in his pocket during a staged search, later accusing him of drug possession.

The entire incident was captured on CCTV, which was later reviewed and shared publicly by Shahbaz Khan. Following the release of the footage, Dylan was released by the Khar police. The video sparked public outrage, prompting then-Deputy Commissioner Raj Tilak Roushan to suspend all four officers on August 31. Nearly three and a half months after the incident, the case was filed under multiple sections of the Bharatiya Nyaya Sanhita.

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Crime

Mumbai Crime News: Father, Brother-in-Law Booked Under POCSO For Sexually Assaulting Minor Girl; One Arrested

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The Sewree Police have registered a case against the victim’s father and brother-in-law under the Protection of Children from Sexual Offences Act (POCSO) and rape charges for sexually abusing a minor girl. While the police have arrested the brother-in-law, the father remains absconding after the case was filed. Authorities are conducting a search for the accused.

The victim, a 16-year-old girl, alleged in her complaint that in April 2024, her father covered her face with a cloth while she was sleeping at home and sexually assaulted her. He also threatened to kill her mother if she disclosed the incident, leaving the victim too terrified to speak out. Later, in March (year unclear—needs verification), when the girl was alone at home, the accused allegedly molested her again.

After the victim recently approached the police, a case was filed under relevant sections of the Indian Penal Code (IPC) for rape and the POCSO Act. The brother-in-law has been arrested, while the father is still at large.

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Maharashtra

Mumbai News: KEM Hospital Deploys Anti-Flooding Workers After Bombay HC Rap Over Waterlogging In Paediatric Ward

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Mumbai: After Bombay High Court pulled up BMC-run KEM hospital in Parel for water logging in its pediatrics section, the hospital administration for the first time has deployed workers for anti-flooding measures.

Anti-Flooding Workers Deployed Since Mid-June

“The deployment of works started from mid-June. Per shift five workers are on anti-flooding duty. While storm water drains department has also two dewatering pumps. In total six pumps are installed,” an official from KEM hospital told the FPJ.

May 26 Rainfall Caused Paediatric Waiting Area Flooding

Due heavy downpour on May 26, the waiting area of the hospital’s paediatric department witnessed waterlogging, risking the patients treatment and their family members too who were seen waiting in the corridor with ankle-deep water.

However, the hospital administration claimed that it was ‘water accumulation’ and not water logging. Fortunately, the department’s services were not majorly affected.

Following this incident, the Bombay High Court expressed serious concern and directed the BMC to urgently inspect the hospital and suggest remedial measures. The court heard the matter following media reports highlighting patients sitting in ankle-deep water inside the hospital premises.

HC Expressed Serious Concern Over Hygiene

“This is a hospital. There has to be hygiene. Management cannot allow this to happen inside hospital premises. This cannot become a recurring situation. KEM was once among the top hospitals in India,” the court observed.

Labourers Hired for Daily Drain Cleaning

“There are rare incidents when water accumulate in the hospital premises. The city experience very heavy rainfall on May 26, quite early the usual arrival of monsoon. However, we have implemented anti-flooding measures to ensure such incidents is not repeated. The labourers are hired on monthly basis and deployed to clean drains everyday. The dewatering pumps are installed near by the pediatrics department specially.

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