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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

Accused in air hostess sexual assault case was porn addict: Gurugram Police

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Gurugram, April 19: Gurugram Police said on Saturday that the accused in the air hostess sexual assault case was a porn addict, an official said.

Gurugram Police Spokesperson Sandeep Kumar said that the accused used to watch porn videos habitually, which was also confirmed from the mobile phone recovered from him.

He said that during police interrogation, it was found that the accused has a B.Sc. (OT) degree from a private institute from the years 2019-2022, and he was an average student in studies.

“For the last five months, he was working as a treatment machine technician in the ICU of the hospital. The accused going to the victim at the time of the incident was confirmed from the CCTV cameras installed in the hospital,” he said.

The Spokesperson said that during interrogation of the accused, it was also found that he had watched porn videos before the incident and even after committing the crime.

“Which is also being confirmed from the search history of the accused’s mobile phone. He was produced before the court on Saturday, from where he was sent to judicial custody for further proceedings,” he said.

Meanwhile, the SIT on Friday nabbed the accused, after analysing at least 800 CCTV cameras installed inside and outside of the hospital, who sexually assaulted the woman when she was on a ventilator.

The accused was identified as Deepak (25), a native of Muzaffarpur in Bihar. The accused had been working as a treatment machine technician in the ICU of the hospital for the past five months and was arrested in the Sadar police station area on Friday.

An official privy to the investigation said that the accused has confessed to his crime in the matter.

“While investigating the incident, eight police teams checked the footage of 800 CCTV cameras installed in the hospital, and around 50 hospital staff, including doctors, were questioned about the incident. Keeping in mind the seriousness of the incident, the police teams investigated from every angle and collected a lot of information related to the incident, as a result of which the police got great success in identifying the accused who committed the crime,” said Arpit Jain, DCP (Headquarters).

On Thursday, Vikas Kumar Arora, Commissioner of Police, Gurugram, had constituted an SIT and ordered the identification and arrest of the accused.

As per the order of the Police Commissioner, an SIT was constituted under the leadership of Arpit Jain, Deputy Commissioner of Police, Headquarters, Gurugram, in which a total of eight different police teams were given special directions and deployed to collect information and evidence related to the incident.

Dr. Sanjay Durani, Medical Superintendent of the hospital, said in a statement that: “We have been informed that the police have identified a suspect who has been taken into custody in connection with the ongoing investigation concerning allegations of sexual assault on a patient. On the basis of information provided to us by the police, we have suspended the suspect employee. As we await the final outcome of the investigation, we will continue to provide full support to the police.”

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Business

FM Sitharaman to showcase India’s economic dynamism during US, Peru visit

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New Delhi, April 19: Union Finance Minister Nirmala Sitharaman is set to embark on an official visit to the US and Peru, beginning April 20, where she is slated to participate in multilateral dialogues to showcase India’s economic dynamism, as the country prepares a bilateral trade agreement (BTA) with the US, it was announced on Saturday.

During her visit to the US, the Finance Minister will visit San Francisco and Washington, DC, from April 20-25, according to a Ministry of Finance statement.

In San Francisco, FM Sitharaman would deliver a keynote address at the Hoover Institution at Stanford University, titled ‘Laying the foundations of Viksit Bharat 2047,’ followed by a fireside chat session.

The Finance Minister will also interact with top CEOs from prominent fund management firms during a roundtable meeting with investors, besides holding bilateral meetings with CEOs from top information technology (IT) firms based in San Francisco.

She will also participate in an event featuring the Indian diaspora in San Francisco and interact with the Indian community settled there, said the ministry.

In Washington, DC, FM Sitharaman will participate in the Spring Meetings of the International Monetary Fund (IMF) and the World Bank, the 2nd G20 Finance Ministers and Central Bank Governors (FMCBG) Meetings, the Development Committee Plenary, IMFC Plenary, and Global Sovereign Debt Roundtable (GSDR) meeting.

On the sidelines of the Spring Meetings, she will hold bilateral meetings with her counterparts from several countries, including Argentina, Bahrain, Germany, France, Luxembourg, Saudi Arabia, United Kingdom, and the US; besides meeting EU Commissioner for Financial Services; President, Asian Development Bank (ADB); President, Asian Infrastructure Investment Bank (AIIB); United Nations Secretary-General’s Special Advocate for Financial Health (UNSGSA); and First Deputy Managing Director of the International Monetary Fund (IMF).

During her maiden visit to Peru from April 26-30, the Finance Minister will lead an Indian delegation of officials from the Ministry of Finance and business leaders, highlighting the strengthening bilateral economic and trade relations between the two nations.

Beginning her visit in Lima, she is expected to call on the President of Peru, Dina Boluarte, and Prime Minister Gustavo Adrianzen, besides holding bilateral meetings with the Peruvian Ministers of Finance and Economy, Defence, Energy and Mines, and also holding interaction with local public representatives.

The Finance Minister will chair the India-Peru Business Forum meeting with prominent business representatives in attendance from both India and Peru.

FM Sitharaman will also hold an interaction with the Indian investors and businesses currently operating in Peru, as well as the Indian business delegation visiting Peru. The Finance Minister will also participate in a community event in Lima, where she will interact with the Indian diaspora living in Peru, according to the ministry statement.

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National News

We can’t live like this: Women break down before NCW chief in riot-hit Murshidabad

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Kolkata, April 19: Women in Dhuliyan, one of the worst-affected areas in West Bengal’s minority-dominated Murshidabad district, have urged the Centre to set up permanent Border Security Force (BSF) camps in violence-hit pockets to ensure their safety following recent communal unrest over protests against the Waqf Act.

On Saturday, a delegation from the National Commission for Women (NCW), led by its chairperson Vijaya Rahatkar, visited Dhuliyan to meet those affected by last week’s violence, most of whom are Hindus.

Several women broke down during their interaction with the delegation and pleaded for the permanent deployment of central forces.

“We won’t survive without permanent BSF camps here. If needed, we are ready to offer our own land and homes for setting them up,” said a woman, sobbing and touching the feet of a delegation member.

The NCW team assured locals that their concerns would be conveyed to the Union Ministry of Home Affairs.

“We are here to stand with you in this moment of crisis. The whole country is watching and supporting you. We will submit a detailed report to the Centre and include the demand for permanent BSF presence in this region,” a delegation member told the women.

Even before Saturday’s visit, NCW member Archana Majumdar had stressed the need for permanent Central Armed Police Forces (CAPF) camps in the region.

“The women victims in Murshidabad have clearly expressed the need for permanent CAPF deployment to ensure their dignity and safety. We will raise the issue with the Union government,” Majumdar said on Friday.

Meanwhile, the Murshidabad district administration has prepared a preliminary report on property damage. According to initial estimates, over 250 houses and 100 shops — mostly owned by Hindus — were vandalized during the unrest.

“This is just the initial estimate. The actual figure may rise as we complete the detailed assessment,” said a senior district official.

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