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Thursday,20-February-2025
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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

Assam Shocker: Mob Attacks Congress MP Rakibul Hussain & Son With Cricket Bat, Police Fire In Air To Disperse Violent Crowd

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Guwahati: Congress MP Rakibul Hussain and his son were reportedly attacked by a mob in Rupahihat, Assam’s Nagaon district, on Thursday, February 20. Hussain, along with his son, was travelling to a party workers’ meeting in Gunabari when the incident took place.

According to eyewitnesses, a group of individuals with their faces covered in black cloth intercepted Hussain’s convoy at Natun Bazar. They waved black flags in protest before launching a physical assault, creating chaos in the area.

Hussain and his son tried to escape on a scooter but a man attacked them severely with a bat as shown in the visuals, making the MP fall from the vehicle. Police around had to fire in the air to disperse the raging crowd.

In another clip shared on social media, Hussain could be seen rescued on a scooter, with his son Tanzil following behind him.

Local authorities acknowledged that the incident has heightened tensions in the area, prompting enhanced police patrols and a thorough investigation to identify those responsible.

A senior police official told media“The situation is stable, and we are dedicated to addressing such acts of violence with urgency.”

Dhubri MP Hussain, who escaped unscathed, condemned the attack as “a blatant attempt to undermine democratic principles” and called for restraint among his supporters. Meanwhile, the Congress party has strongly urged a comprehensive inquiry into the security breach.

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National News

Give Rs 2,500 per month to women at earliest, says Atishi to Delhi CM; Oppn assures Gupta of cooperation

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New Delhi, Feb 20: Delhi Chief Minister Rekha Gupta was on Thursday assured of cooperation in governance by leaders of the two Opposition parties AAP and the Congress, who also sought early release of monthly financial assistance of Rs 2,500 for the city’s women.

Former Delhi Chief Minister and AAP legislator from the Kalkaji seat, Atishi congratulated CM Gupta and her Cabinet ministers for taking oath of office on Thursday.

Atishi also said, “I demand that the BJP government’s Cabinet pass the scheme to give the promised monthly amount (Rs 2,500) to all women of Delhi.”

Atishi reminded the new Chief Minister that Prime Minister Narendra Modi had asked Delhi’s women to get their bank accounts linked to their mobile phone numbers so that on or before March 8 they get a message on their phones confirming that the promised Rs 2,500 monthly financial assistance has landed in their accounts.

Delhi Pradesh Congress Committee President, Devender Yadav also extended his support and best wishes to the newly-appointed Chief Minister and hoped that she would enjoy a successful innings and restore Delhi to the glory that it had been taken to by former Congress Chief Minister late Sheila Dikshit.

He said that being a woman Chief Minister, Gupta has an excellent role model in the late Sheila Dikshit, who had turned the National Capital into a clean and green world-class city till an ‘imposter’ ruined the Capital with corruption, misrule and inefficiency for 11 years.

Yadav said that Delhi Congress will extend its full co-operation and support to the new Delhi Government if it immediately gets down to repair the incalculable damaged done to the civic infrastructure by the Arvind Kejriwal government, who came to power as a pauper, but went back after swindling the taxpayers’ money for his own comfort.

The Delhi Congress chief said that the new Chief Minister faces a daunting task of fixing not only the dilapidated civic infrastructure, providing clean water and fighting air pollution, but also of punishing those who looted Delhi.

The Congress leader, who himself lost the Assembly election from Badli constituency, said the CM should fulfil the BJP’s election promise of bringing to book all those who looted the taxpayers’ money by committing various scams, including the excise scam.

He said that Delhi Congress will give constructive suggestions and support the new Government in its effort to restore the national Capital to its old glory in which the Congress Government had left it.

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National News

Rahul Gandhi meets electorate in Rae Bareli during two-day visit

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New Delhi, Feb 20: Starting his two-day trip with a visit to a local temple, Leader of Opposition in Lok Sabha Rahul Gandhi on Thursday interacted with Congress workers and also heard problems of the electorate in his Raebareli parliamentary constituency in Uttar Pradesh.

The MP’s schedule for the two-day visit includes the dedication of some projects to people, meeting party workers, women and youth, interacting with Dalit students, and visiting the local railway coach factory, said a party leader.

A video on social media showed Gandhi, while sitting in his vehicle, listening to the grievances of a local resident and going through his application.

He even obliged young voters who requested him to pose for a selfie with them.

A party leader said Gandhi’s busy schedule during the constituency visit will also include the unveiling of a statue of Rana Beni Madho who was an important leader in the Indian rebellion of 1857 from the Oudh region.

Gandhi’s visit to his constituency coincided with the presentation of the Budget by the Yogi Adityanath government in the Assembly.

A party leader said Gandhi criticised the Budget for being a photocopy of the promises made in previous Budgets.

He claimed that Gandhi during his interaction with workers also expressed concern over the lack of development works in Uttar Pradesh.

The party leader also reiterated Gandhi’s criticism of the UP government for its alleged failure to provide facilities to devotees visiting Mahakumbh.

“As a matter of faith, people have taken the holy dip in the past and I am sure they will continue to do so,” he said.

The leader said the Congress has played the role of an alliance partner to support its partners wherever there is a platform for joint action.

In the June 2024 parliamentary election, Gandhi defeated his BJP rival Dinesh Pratap Singh by a margin of 3.90 lakh votes. He had represented the Wayanad seat in Kerala in the last Lok Sabha elections.

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