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Bombay HC: Delimitation decision not arbitrary, irrational & unconstitutional

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The Bombay High Court has observed that the present Shiv Sena- BJP government’s notification reversing the Brihanmumbai Municipal Corporation (BMC) wards back to 227 from 236 is “in accordance with the directions of the Supreme Court” and hence cannot be said to be “arbitrary, irrational and unconstitutional”. 

A division bench of Justices SB Shukre and MW Chandwani, on Monday, dismissed the petitions filed by two former councillors, Raju Pednekar and Sameer Desai, stating “We find no substance in both the petitions. Both the petitions stand dismissed.” 

HC observed legislation in accordance to Supreme Court

In a detailed order made available late Monday night, the HC has observed that the legislation is “in accordance with the directions of the Supreme Court and, therefore, cannot be found to be manifestly arbitrary, irrational and unconstitutional, nor could they be found to be actuated by any political consideration or motive, although that may not be relevant for examining the validity of the impugned legislations”.

The judges have clarified that they have held the legislations valid “on the touch-stone of directions of the Supreme Court”. 

The HC noted that The Statement of Objects and Reasons in the Ordinance gives two reasons and spells out two objects for its promulgation by the Governor of Maharashtra. 

Statement of Objects and Reasons

The first reason is that it was noticed that the number of Councillors in MMC (Mumbai Municipal Corporation) and minimum and maximum number of elected Councillors of other local bodies were increased considering the growth in the population and speed of urbanization on the basis of the figures of census of 2011 and hypothetical calculation of population in 2021-22 respectively. The second reason is that the SC on May 4, 2022, and July 20, 2022 had directed the Election Commission to notify the election programme on the basis of delimitation done prior to coming into force of the said Amendment Acts with effect from March 11, 2022. 

Court’s observations

“Insofar as both the objects are concerned, we do not find that their basis is wrong or factually incorrect, rather their basis is to be found in the directions issued by the Supreme Court,” said the HC, while dismissing the petitions. 

Pednekar and Desai had challenged the Maharashtra government’s decision reversing the previous Maharashtra Vikas Aghadi (MVA) government’s decision to go ahead with the delimitation of Brihanmumbai Municipal Corporation (BMC) wards. 

In 2021, the MVA initiated the delimitation process and increased the number of electoral wards from 227 to 236. However, on August 8, the present government reduced the number of wards to 227. On September 8, the ordinance was replaced by the Act.

National News

Congress MP Imran Masood calls for banning liquor during Navratri

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Saharanpur, March 29: Congress lawmaker Imran Masood said on Saturday that not just meat shops, liquor establishments should be shut during the nine-day festival of Navratri and called for embracing and promoting the spirit of brotherhood and communal harmony.

“Everybody is demanding a ban on meat shops during Navratri. Why is no one asking for a ban on liquor shops? Why is there no outpouring on the free flow of liquor during Navratri? Will this not spoil the purity and sanctity of the festival?” Saharanpur MP said in a special interaction with media.

The Congress Parliamentarian said that peaceful celebration supersedes everything, and it is incumbent upon all communities to maintain decorum during festivities and also make certain sacrifices, be it Eid or Navratri.

Notably, Eid-ul-Fitr and Navratri are coinciding on the same day this year. Both festivals are set to fall on Monday, with little possibility of change in the Eid schedule on account of moon sighting.

Days ago, the Congress MP also extended support to the demands of a meat ban during Navratri celebrations. In an apparent message to the Muslim community, he said that nothing would change if one did not eat meat for ten days.

“What matters above everything is the peaceful co-existence of communities. At no point in time, the differences over food preferences lead to communal strife,” Masood told newspersons.

Congress MP, when asked questions on the party’s strategy for the Waqf (Amendment) Bill, said that the Opposition is fully prepared to take on the Centre on “partisan legislation”.

“We opposed the amendments in the JPC meeting, tooth and nail. We will strongly voice our dissent in Parliament too,” he said.

Notably, Union Home Minister Amit Shah said on Friday that the Waqf Bill will not be delayed any further and will be reintroduced in the ongoing session of Parliament.

Only four working days of the Budget Session are left, as it concludes on April 4.

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National News

‘PM Narendra Modi Relies On Crutches Of Nitish Kumar And Chandrababu Naidu To Pass Waqf Bill”: AIMIM Chief Asaduddin Owaisi

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Hyderabad: All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi spoke on the Waqf Amendment Bill 2024 and said that the BJP does not have a majority in the Lok Sabha, and if Chandrababu Naidu and Nitish Kumar oppose it, it won’t be passed.

While speaking to media, Asaduddin Owaisi said that PM Narendra Modi is relying on the crutches of Chandrababu Naidu and Nitish Kumar. He stated that Union Home Minister Amit Shah is spreading lies in the country regarding the Waqf Bill.

“Amit Shah is the Home Minister of the Government of India and his statement is proof of the fact that you trying to make an unconstitutional law which can be challenged in the court. This is a violation of the articles of the Constitution and the Waqf of the entire country will suffer because of it. You are removing the section of the Waqf property, who will benefit from it. You are omitting the revenue of lakhs of rupees. Amit Shah is lying to the country that you can challenge the Waqf Tribunal in the court. Prime Minister Narendra Modi relies on the crutches of Nitish Kumar and Chandrababu Naidu and if they do not support this unconstitutional bill, then this law will not be made”, Asaduddin Owaisi said.

Earlier on Friday, Owaisi supported the ‘black band’ protest against the Waqf (Amendment) Bill. Owaisi, who is also part of the JPC on the Waqf bill, joined in the symbolic protest on Friday by wearing a black armband as he offered prayers.

Meanwhile, Union Home Minister Amit Shah said on Friday that Waqf Amendment Bill, on which JPC has given its report, will be tabled in the Budget session of Parliament. The Budget session is slated to conclude on April 4.

“Nobody needs to get afraid of the Waqf Bill. In 2013, the Congress-led government passed the Waqf Bill and made several provisions that are not aligned with our Constitution. We are now trying to align the bill with constitutional principles,” he said.

Asked about Asaduddin Owaisi’s black arm band protest, Amit Shah said people have a right to do so. “Some do it through their clothes, some through their words. In Parliament, one opposes through logic,” he said.

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Crime

Accused in Saif Ali Khan stabbing case files bail plea, claims innocence

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Mumbai, March 29: Mohammad Shariful Islam Shahzad, the accused in the stabbing of Bollywood superstar Saif Ali Khan, has filed a bail petition in the Mumbai Sessions Court, asserting that he is innocent and the case against him is fabricated.

The attack took place in the early hours of January 16 when the accused allegedly entered Saif’s Bandra residence through his youngest son Jeh’s room.

The actor, who was reportedly trying to fend off the assailant, suffered multiple stab wounds. Despite his injuries, Saif managed to go to the hospital on his own, accompanied by his son Taimur.

Shariful Islam Shahzad’s petition, filed through his lawyer, claims that the FIR was wrongly registered and that he has fully cooperated with the police investigation.

His legal team argues that since all evidence is already in police custody, there is no risk of tampering, and therefore, he should be granted bail.

Currently, the case is being handled by the Bandra Magistrate Court, but it falls under the jurisdiction of the Mumbai Sessions Court. Once the police file a charge sheet, the case will be transferred to the Sessions Court. However, the charge sheet is yet to be filed.

According to media reports, doctors removed a 2.5-inch knife from Saif’s wound. The actor sustained six stab injuries, two of which were serious as they were near his spine.

The incident reportedly occurred around 2:15 am on January 16 when the accused broke into the house, attacked the house help, and then stabbed Saif when he intervened.

Saif was alerted by noises from Jeh’s room, where he found the accused in an altercation with the house help. Attempting to protect the staff, Saif fought off the intruder with his bare hands before being stabbed multiple times.

Investigations have revealed that the accused, a Bangladeshi national, intended to rob a wealthy individual to finance his mother’s medical treatment in his home country. He has a history of petty theft and was previously dismissed from restaurants in Worli and Thane for stealing.

It is also reported that the attacker was unaware of Saif Ali Khan’s celebrity status and targeted the residence purely because it was located in an upscale apartment complex.

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