Connect with us
Saturday,18-January-2025
Breaking News

National News

CJI to Shinde: Ignoring political parties after being elected, isn’t a danger to democracy?

Published

on

 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.

National News

SC extends crackers-ban in NCR region of UP, Haryana to curb air pollution

Published

on

New Delhi, Jan 17: In a bid to control air pollution in the national capital, the Supreme Court on Friday extended the effect of the orders passed by the Uttar Pradesh and Haryana governments imposing a complete ban on firecrackers in the areas falling under the NCR region.

A bench, headed by Justice Abhay S. Oka, said that the ban imposed by the states of Uttar Pradesh and Haryana, which was effective till January 17, is extended till further orders.

Posting the matter for hearing on Match 24, the Justice Oka-led Bench also agreed to hear on the next date of listing the intervention application filed by the Federation of Fireworks Traders.

“Why should we hear you? You will have to satisfy us that burning firecrackers do not create pollution. You can sell firecrackers in other parts of India where there is no ban. We will hear you on the next date,” it said.

In an earlier hearing, the Justice Oka-led Bench had said that the ban already imposed by the Delhi and Rajasthan governments would turn effective only when the remaining states impose similar measures.

The apex court was hearing a public interest litigation (PIL) relating to the control of pollution in Delhi and NCR region.

In the course of the hearing, it was told that while Haryana had permitted the use of green crackers, Rajasthan had imposed a complete ban on firecrackers in the NCR region.

The Supreme Court had asked the Uttar Pradesh and Haryana governments to impose a ban on firecrackers in the same terms as imposed in Delhi.

Before this, the top court had asked the state governments of Delhi and adjoining states to take a call on a permanent ban on the use of firecrackers.

Asking the state governments to place their stand on record, it had indicated issuing necessary guidelines, including on the manufacture, storage, sale and distribution of firecrackers.

“The ban on firecrackers will be helpful not only to curb the air pollution but the noise pollution as well. We will consider issuing necessary directions to the state governments on the issue of ban on use of firecrackers,” it had said.

In November 2024, after Diwali, the Supreme Court had remarked that the ban on firecrackers was hardly implemented in the national capital and pulled up the Delhi government for not implementing it. It had called for an affidavit from the Delhi government and Police Commissioner detailing the steps taken to enforce the ban. The apex court had suggested that the premises of sellers of firecrackers should be sealed, apart from enforcing a ban on importing firecrackers from neighbouring states.

Continue Reading

National News

Delhi polls: Avadh Ojha files nomination; makes ‘Sampada’ retort to ‘AAPda’ jibe

Published

on

New Delhi, Jan 17: Awadh Ojha, the Aam Aadmi Party (AAP) candidate from Delhi’s Patparganj Assembly constituency filed his nomination on Friday, the day when filing of nomination papers came to a close for the 70-member Assembly elections.

Ojha, eager and excited about his first electoral contest, sounded confident and ready to take on the BJP’s powerful campaign machinery with AAP’s developmental pitch.

He also gave a strong counter to the ‘AAPda’ jibe and said that it was rather ‘Sampada and not aapda’ as claimed by the BJP.

Sampada is a Hindi word which means resource. The term ‘AAPda’, first coined by Prime Minister Narendra Modi during a recent public event, is being increasingly used by the BJP’s Delhi unit to punch holes in AAP’s ‘hollow’ Delhi model.

Ojha, a civil services tutor turned politician, slammed the BJP’s ‘abusive and hateful’ discourse on Delhi elections and said that the AAP government has brought in a new governance with its positive politics.

“AAP is not ‘AAPda’ but it is Sampada. Under Arvind Kejriwal, many people’s welfare policies have been launched and all of them have proved to be Sampada for city residents,” he said.

“All welfare policies like free electricity and free power, Mohalla clinics, government schools are Sampadas. No resident would want to lose its sampada,” he added.

When questioned on AAP’s support at the grassroots level, he said that the people of Delhi are happy with Arvind Kejriwal, and they will vote him back to power.

He also countered the BJP’s charges about the AAP supremo insulting the Poorvanchalis, commanding a good vote share in the capital and said that the AAP chief has treated every resident with the utmost respect.

“Those making false allegations are doing so with malicious intent,” he added.

Earlier in the day, Avadh Ojha along with his wife visited a temple and paid obeisance to God before heading to the nomination filing centre.

Avadh Ojha joined Kejriwal-led AAP last month and was fielded from Patparganj Assembly, a constituency represented by AAP supremo’s closest aide and former Delhi Deputy CM Manish Sisodia.

Continue Reading

National News

Disputed Karnataka shrine: Cong govt holds meeting to find solution

Published

on

Bengaluru, Jan 17: In a major development, the Congress-led Karnataka government on Friday said it was determined to find a permanent solution to the controversial Datta Peetha Bababudangiri Dargah dispute.

A consultation meeting was held on the issue at the Vidhana Soudha conference hall in Bengaluru by state Home Minister G. Parameshwara with legislators, representatives, and religious leaders from Chikkamagaluru district to discuss the ongoing Special Leave Petition (SLP) related to the Datta Peetha Bababudangiri Dargah dispute, currently pending before the Supreme Court.

During the meeting, opinions and suggestions from the representatives, religious leaders, and leaders of various organisations from Chikkamagaluru were taken.

Minister Parameshwara declared that the issue required a permanent resolution with proper documentation of all relevant records. The government has decided to address this matter promptly to maintain peace and harmony in Karnataka.

Speaking to reporters after the meeting, the Home Minister stated, “The Datta Peetha Bababudangiri Dargah, located on the Chandra Drona Hill in Karnataka, has been a symbol of religious harmony. While peaceful religious events took place here until 1975, subsequent years have seen disputes and controversies.”

“The government has made several attempts to resolve this issue. We have seen both Hindu and Muslim communities take the matter to court. Committees and cabinet sub-committees were formed to examine records and present them before the court. Some individuals have now taken the issue to the Supreme Court,” he explained.

“Our government is determined to resolve the Datta Peetha Bababudangiri Dargah dispute permanently. The cabinet sub-committee formed under the leadership of Chief Minister Siddaramaiah has already held four meetings and reviewed numerous documents. On January 7, the Supreme Court directed the government to submit its opinion by March 24.

“In light of this, we consulted with representatives and religious leaders from Chikkamagaluru to gather their opinions and suggestions. Next week, the cabinet sub-committee will convene to review the inputs and documentation. We will submit the required information to the court, and further actions will be taken based on the court’s decision,” he stated.

The meeting was attended by Transport and Muzrai Minister Ramalinga Reddy, Energy Minister K.J. George, Revenue Minister Krishna Byre Gowda, Housing and Waqf Minister Zameer Ahmed Khan, MP Kota Srinivas Poojari, MLAs H.D. Thammaiah, Nayana Motamma, MLC C.T. Ravi, religious leaders, and officials from Chikkamagaluru district.

The controversial site was often referred to as Karnataka’s ‘Ayodhya’. Though the shrine symbolized the harmony of Hindus and Muslims, it has become a centre of crisis and struggle for over three decades.

Datta Peetha, the shrine in Chikkamagaluru has been a pilgrimage spot for both Hindus and Muslims. The BJP, however, is demanding that the site be declared a Hindu temple.

Before 1964, the shrine was revered by both Hindus and Muslims. It symbolised Sufi culture and the unity of Hindu and Islam cultures. The shrine was known as Shree Guru Dattatreya Bababudan Swamy Dargah. What was a pilgrimage spot for the two faiths has become a disputed site between Hindus and Muslims.

Hindus consider the hill to be the final resting place of Dattatreya, the Muslims believe the dargah is one of the earliest centres of Sufism in south India. They believe that Sufi saint Dada Hayat Mirkalandar has lived there for years.

Irrespective of the controversy, the local coffee planters before the harvest visit the shrine and offer worship. Fakir Bababudan, a Sufi saint of the 17th century from Yemen, who settled at the shrine, is credited with planting the first coffee seeds in the Indian sub-continent.

Continue Reading

Trending