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SC asks Centre to give data on cases registered against Muslim men for pronouncing triple talaq

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New Delhi, Jan 29: The Supreme Court on Wednesday told the Centre to furnish data on criminal cases registered under the 2019 Muslim Women (Protection of Rights on Marriage) Act, which criminalises pronouncement of triple talaq by Muslim men.

A Bench headed by Chief Justice of India, Sanjiv Khanna was hearing a batch of petitions filed by several Muslim organisations challenging the constitutionality of the 2019 law enacted by the Parliament.

The petitioners contended before the top court that since the practice of triple talaq has no legal effect after the Shayara Bano case, it cannot be criminalised.

In 2017, ‘talaq-e-biddat (triple talaq)’ was set aside by the Constitution Bench in the case of Shayara Bano Vs. Union of India as it violated the fundamental rights and the rights of equality guaranteed to a woman under the Constitution and suggested the practice be made punishable.

The CJI Khanna-led Bench told Solicitor General Tushar Mehta, the second highest law officer of the Centre, to place on record data on the number of FIRs and charge sheets filed against Muslim men for pronouncing instant triple talaq to divorce spouses.

The apex court took note of the petitioners’ submission that triple talaq should not be criminalised when the practice is banned and no divorce can take place by uttering talaq three times at once.

The Bench, also comprising Justice Sanjay Kumar, fixed the petitions for final hearing in the week commencing March 17.

In an affidavit filed before the Supreme Court, the Centre defended the constitutional validity of the Muslim Women (Protection of Rights on Marriage) Act, 2019.

“It was seen that setting aside talaq-e-biddat (triple talaq) by the Supreme Court has not worked as a sufficient deterrent in bringing down the number of divorces by this practice among certain Muslims. (T)he victims of talaq-e-biddat have no option but to approach the police for redressal of their grievances and the police were helpless as no action could be taken against their husbands in the absence of punitive provisions in the law.

“Therefore, in order to prevent the aforesaid practice, it was felt that there was an urgent need for stringent provisions in the law which act as a deterrent to Muslim husbands divorcing their wives by adopting instantaneous and irrevocable talaq,” said the affidavit filed by the Union Ministry of Law and Justice before the apex court.

It said that the practice of talaq-e-biddat legitimised and institutionalised abandonment of wives by their husbands and did not simply result in a private injury but in a public wrong as it militated against the rights of women and the social institution of marriage itself.

The Parliament in its wisdom has enacted the impugned Act to protect the rights of married Muslim women who are being divorced by triple talaq and the law in question helps in ensuring the larger constitutional goals of gender justice and gender equality of married Muslim women, the affidavit added.

The Centre said that the Supreme Court has consistently held that the court cannot go into the wisdom of the measure and cannot enter into a discussion as to what the law should be.

“It is the function of the legislature alone to determine what is and what is not good and proper for the people of the land and they must be given widest latitude to exercise their functions within the limit of their powers else all progress is barred.

“Defining offences and prescribing appropriate penalties is a core function of the State. Whether or not a particular type of conduct ought to be criminalised, and what punishment is to be imposed for such conduct is to be determined by the legislature in light of the prevailing social circumstances,” the affidavit said.

Further, it said that a similar petition challenging the validity of the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018, which was on similar lines to the impugned Act, was dismissed by the Delhi High Court in September 2018.

“It is submitted that where the Shayara Bano case itself has held the practice of triple talaq to be manifestly arbitrary, it cannot be argued that a law criminalising the practice is manifestly arbitrary,” contended Centre before the Supreme Court, adding that there is no basis to the claim that marriages being under personal law, are exempted from the application of the general criminal law and “marriages are a social institution in which the State has a special interest in protecting.”

National News

Housing fraud case: Ajit Pawar accepts NCP minister Manikrao Kokate’s resignation, forwards it to CM

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Mumbai, Dec 18: Amid a chorus from the opposition, Maharashtra Deputy Chief Minister and NCP chief Ajit Pawar on Thursday accepted the resignation of party minister Manikrao Kokate, against whom an arrest warrant has been issued in a housing fraud case.

Kokate had submitted his resignation to DCM Pawar on Wednesday after a sessions court sentenced him to two years’ imprisonment in the Nashik housing fraud case.

On Wednesday night, Kokate was stripped of his Sports and Minority Affairs portfolios and was retained as a minister without any portfolio.

Kokate is currently undergoing medical examination at Lilavati Hospital after he complained of uneasiness. He has already approached the Bombay High Court seeking relief from the sessions court ruling.

In a post on X, Ajit Pawar said: “Maharashtra Cabinet Minister and my party colleague Shri Manikrao Kokate has submitted his resignation to me following the outcome of the Hon’ble Court’s verdict. In keeping with our party’s long-standing philosophy that the rule of law is supreme and above all individuals, the resignation has been accepted in principle. I have forwarded Shri Kokate’s resignation to the Hon’ble Chief Minister for due consideration and acceptance, in accordance with constitutional procedure.”

He further stated: “Our party has always believed that public life must be guided by constitutional morality, institutional integrity and respect for the judiciary. We stand firmly by the rule of law and will continue to act in a manner that upholds democratic values and public trust.”

Pawar took the decision after holding a meeting lasting over two-and-a-half hours early Thursday morning with party working president Praful Patel and state chief Sunil Tatkare.

Manikrao Kokate is a five-time MLA from the Sinnar constituency in Nashik district and has a history of shifting political loyalties. His membership of the legislature could also be at risk if the High Court upholds the sessions court ruling.

The sessions court upheld his conviction in a case involving the illegal acquisition of government flats through forged documents and sentenced him to two years of imprisonment. Following the verdict, an arrest warrant was issued against Kokate.

He faces imminent arrest unless the High Court grants a stay on the conviction.

Amid these legal developments, Kokate’s health condition deteriorated and he was admitted to Lilavati Hospital in Mumbai. He skipped the weekly cabinet meeting held on Wednesday at Mantralaya.

Kokate’s legal team informed the court that he was admitted to a hospital and sought a four-day stay on the arrest. However, the court rejected the plea, noting that no medical certificate was presented and that Kokate should have been present when the verdict was delivered.

Kokate has moved the Mumbai High Court challenging the sessions court ruling and has sought an urgent hearing and a stay on the sentence.

The High Court is scheduled to hear the matter on Friday.

The case dates back to 1995 and involves the alleged misappropriation of flats reserved under the Chief Minister’s quota. These flats are meant for low-income individuals who do not own property elsewhere.

Manikrao Kokate and his brother Vijay Kokate were accused of submitting fraudulent affidavits and documents to acquire two flats in the Nirman View Apartment in Nashik.

Investigations later revealed that the brothers were also using two additional flats in the same building that had been allotted to other beneficiaries.

Based on an inquiry conducted by the district administration, Vishwanath Patil, then an official of the Urban Land Ceiling (ULC) department, filed a complaint. Subsequently, a fraud case was registered at Sarkarwada Police Station against four individuals, including the Kokate brothers.

The court sentenced them to two years of rigorous imprisonment and imposed a fine of Rs 50,000 each.

Since his induction into the cabinet, Kokate has been embroiled in several controversies.

He was stripped of the Agriculture portfolio after the monsoon session of the state legislature in July, following allegations by NCP-SP legislator Rohit Pawar that Kokate was playing games on his mobile phone during a Legislative Council session. While Kokate denied the allegation, it drew widespread criticism.

He also triggered outrage with controversial remarks on farmers, stating: “Even a beggar does not accept one rupee, but here we provide crop insurance for just one rupee, yet some people try to take undue advantage of it.”

During a municipal election campaign, Kokate had also taken a swipe at coalition partner BJP, calling it a “corrupt party” (batlela paksha) that survives by breaking other parties while sidelining its own workers.

Earlier this year, another NCP minister, Dhananjay Munde, had resigned after his aide Walmik Karad was linked to the murder of Santosh Deshmukh, sarpanch of Massajog village in Beed district.

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Mumbai Press Exclusive News

2 MD vendors in Mumbai sentenced to 20 years, accused sentenced due to improvement in police investigation in ANC case

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The Mumbai Anti-Narcotics Cell had arrested two drug peddlers in 2017 and recovered drugs from their possession and now the court has sentenced these drug peddlers to 20 years in prison and a fine of Rs 1 lakh. Drug peddlers Praveen Dilip Vaghela and Ramdas Pandurang were arrested by ANC’s Ghatkopar and the MD’s car was also seized during the search of the accused.

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Crime

Navi Mumbai Police Seize Drugs Worth Rs 21 Lakh, Nigerian National Arrested

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The Navi Mumbai Police have seized drugs worth over Rs 21 lakh, including mephedrone and MDMA, and arrested a Nigerian national in connection with the case, officials said on Wednesday.

The seizure followed a routine police patrol carried out on December 15 along Palm Beach Road. A team noticed a foreign national standing suspiciously near a parked scooter late at night. When the police approached him for questioning, the man abandoned the vehicle and fled the spot, raising further suspicion.

Upon checking the scooter, the police recovered 70 grams of mephedrone powder, estimated to be worth nearly Rs 17 lakh. In addition, 120 MDMA tablets were also found during the initial search, an official release stated.

Following the recovery, police launched a search operation to trace the suspect. He was later arrested from his residence in Koparkhairane. During a subsequent search of the premises, police recovered additional quantities of drugs, including mephedrone powder worth around Rs 4 lakh and 40 purple MDMA tablets.

While the combined value of the seized mephedrone powder has been estimated at over Rs 21 lakh, the police did not specify the market value of the MDMA tablets recovered during the operation.

The accused has been identified as Aniehe Kingsley Chinedu, also known as Aney Kingsley Chinedu. He is a Nigerian national and has been booked under relevant sections of the Narcotic Drugs and Psychotropic Substances Act.

Police officials said further investigations are underway to determine the source of the drugs and to identify possible links to a larger drug supply network operating in the region. Authorities are also examining whether the accused was involved in drug distribution across Navi Mumbai and neighbouring areas.

The Navi Mumbai Police said such operations would continue as part of ongoing efforts to curb drug trafficking and ensure public safety.

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