Maharashtra
How many times did Parliament discuss conduct of Speaker, SC asks Uddhav faction
The Supreme Court on Tuesday shot a volley of questions at the Uddhav Thackeray faction, asking how many times did the Parliament discuss a review of the conduct of the Speaker, why is that question raised before the court, and also, why should the court change rules just because one or two Speakers went astray.
Senior advocate Kapil Sibal, representing the Uddhav Thackeray faction, submitted before a five-judge constitution bench, headed by Chief Justice of India D.Y. Chandrachud, that “your lordships have great confidence in the constitutional office of the Speaker but do they discharge this confidence?”
At this, the Chief Justice replied: “You also have that confidence when you say that the Speaker has to decide the disqualification petitions… that is not dependent on who is the Speaker, Mr Sibal”. He added that the constitutional authority of the Speaker to decide is not based on who the Speaker is.
Sibal said the a Speaker who appoints the whip and Leader of the Opposition without reference to the political party, “you think he can decide in my favour, there is no way!”
The Chief Justice said: “The first Speaker in defiance of legislative rules gave two days’ notice… this is the way everybody is behaving. There are two options: either you debunk the authority of the Speaker or.. in a democracy you value the office of the institution… denigrating constitutional offices including the office of the Speaker.”
When Sibal said they are denigrating themselves, the bench — also comprising Justices M.R. Shah, Krishna Murari, Hima Kohli and P.S. Narasimha — said: “It is a race to the bottom then.”
Justice Narasimha told Sibal: “Legislators, parliamentarians…. decided upon the Speaker to be the tribunal.. it is parliamentarians’ decision, the Tenth Schedule. Therefore, the court is only interpreting that…”
Sibal referred to the decision of the apex court on 27 June last year, where the court granted interim relief to Shinde faction by extending the time to file responses to the disqualification notices. It later, on June 29, gave the go-ahead to a floor test called by the Governor.
Justice Narasimha orally observed: “On one hand if the Speaker is with you, you would say it is a constitutional authority. What is wrong with it… if you have some difficulty, you mean, not you. Look at the way Speakers have behaved. For us, as long as the constitution bench judgment is there, we will go by the fact that the Speaker is the tribunal.”
The bench further added that the Speaker is the presiding officer as per Tenth Schedule and “we will not go back on the decision, that is the final decision, as far as we are concerned”.
Sibal replied by that logic, the June 27 order could not have been passed, and that is what led to what way we are today.
Justice Kohli said that if one or two Speakers have gone astray, would the court be inclined to debunk the whole procedure as laid down and the Tenth Schedule?
To this, Sibal said: My intention is not that, I have been telling what is happening.” Justice Kohli said then it is a conundrum. Sibal said: “Yes, it is a conundrum, a constitutional conundrum and somebody has to sort it out.”
At this juncture, justice Narasimha said: “Another question, every time this question is raised before the court. I would want to ask you how many times did the parliamentarians raise this question in the Parliament saying let us actually amend the Constitution.”
“How many times did the discussion take place in the Parliament to review the conduct of the Speaker. Why is that question raised before the court, which is not a forum for consideration. how many times parties have sat down together and decided this is not working?” he asked.
“Once Kihoto Hollohan was rendered then,” Sibal said referring to the apex court verdict in the 1992 case, upholding the sweeping discretion available to the Speaker in deciding cases of disqualification of MLAs.
Justice Narasimha replied: “Why, it only upheld the Tenth Schedule. It is your making, the Tenth Schedule. This will take us nowhere, Mr Sibal. Frankly, unless there is an amendment to the Constitution, there is a reference, a direct challenge…”
The top court made these observations while dealing with Maharashtra political crisis triggered due to rebellion in the Shiv Sena. It will continue to hear the matter on Wednesday.
On February 17, the apex court had declined to make immediate reference to a seven-judge bench the reconsideration of its 2016 Nabam Rebia judgment, which restricted the power of the Speaker to examine disqualification petitions against MLAs if a resolution for his removal is pending.
A five-judge bench headed by Chief Justice of India said the issue of reference will be decided only with the merits of the case and fixed the matter for hearing on merits on February 21.
Crime
Pune shocker: Man kidnaps, rapes and drowns 2 minor sisters in drum
Pune (Maharashtra), Dec 26: In a shocking case, the Pune Police have arrested a 54-year-old man for the alleged kidnapping, rape and murder of two minor girls in the Rajgurunagar area of the city.
The man, identified as Ajay Das, is accused of committing the heinous double crime with the two siblings aged nine and eight before he absconded, said a police official.
The dual crime occurred on Wednesday when the two girls were playing outside their home around noon, but later suddenly ‘disappeared’.
The family, which was keeping an eye on them, started a frantic search in the vicinity but failed to trace them and finally in the evening lodged a complaint with the Khed Police Station.
Responding promptly, Police Inspector Prabhakar More formed teams to launch a system effort to trace the two missing sisters but did not get any clues.
Late in the night, around 10.30 p.m., the police and the family inspected the two siblings’ room on the upper floors of their building and made the shocking discovery.
The two girls’ bodies were found at Das’ home, in a huge drum filled with water, with their heads below and their feet up, pointing at murder by forcible drowning.
As the discovery created a sensation in the vicinity, the case was handed over to a woman Investigation Officer Snehal Raje, said the officials, while the victims’ bodies were sent to the Sassoon Hospital in Pune for autopsies.
Cracking the whip, the Khed Police launched a manhunt for Das and apprehended him from his hideout in a shady lodging house early in the day (December 26) as he was packing up and preparing to flee out of Maharashtra.
This morning the grieving families along with other relatives, staged a sit-in dharna outside the police station, demanding that the culprit should be given the noose, and refused to accept the bodies of the two little girls.
As per preliminary questioning, Das is understood to have confessed to the double crime and also admitted that he had to kill them to suppress the matter secretly and also prevent them from screaming or attracting attention.
Although the accused was arrested by the police, the girls’ relatives gathered at the Rajgurunagar police station, saying they would not take possession of the bodies till they got justice.
The brutal kidnap-rape-double murder has evoked strong reactions from Nationalist Congress Party (SP) Working President and MLA Rohit R. Pawar, Shiv Sena (UBT)’s Sanjay Raut and Kishore Tiwari and local Congress leaders, who slammed the ruling Mahayuti for what they termed as ‘utter failure on the law-and-order front’.
Crime
Couple held for rape-murder of minor girl in Maharastra’s Thane
Thane, Dec 26: A couple has been arrested in connection with the abduction, rape and murder of a 13-year-old girl in Maharashtra’s Thane district.
Coming barely after the Badlapur sexual assault on two nursery class girls in August, this is the second case that has sparked outrage with people demanding the noose for the alleged perpetrators – Vishal Gawli, 35 and his wife Sakshi Gawli, 25.
Vishal Gawli is accused of kidnapping the girl from near her home, where she was playing on Monday, taking her to his house, assaulting, raping, killing and then dumping her body near a cemetery in the neighbouring Bhiwandi town, some 8 kilometres away.
He was spotted purchasing liquor in a restaurant-cum-bar CCTV footage, and the Thane Police formed six teams to hunt him down, finally nabbing him on Wednesday (December 25) with the help of Buldhana Police.
A team of Kalyan Police which has registered the case, took custody of Vishal Gawli from Shegaon Police in Buldhana where his in-laws reside, while his wife Sakshi, who was said to be a party to the heinous crime, was nabbed from outside her house in Kalyan.
The Shegaon Police zeroed in on Vishal Gawli after he stepped out of a salon where he had gone to change his appearance by shaving off his beard.
They handed him over to the Kolsewadi Police Station in Kalyan town (Thane) on Thursday and is likely to be produced before a Kalyan Magistrate Court later in the day.
Initial probe reveals that he was a history-sheeter in sex crimes, facing three molestation cases involving two women and a minor girl, plus two assault cases, he was released on bail in a POCSO case lodged in August 2023 and had been married thrice, with Sakshi being his third wife.
As the matter assumed political overtones, Chief Minister Devendra Fadnavis spoke to the Thane Superintendent of Police and directed that no efforts should be spared to ensure the death penalty for the accused – both now arrested.
Ruling ally Shiv Sena MP Shrikant Shinde – in whose Lok Sabha constituency – the heinous crime took place, met the victim’s family and assured that the government would ensure that the accused is tried and hanged.
The incident attracted huge flak from the Opposition parties including Shiv Sena (UBT)’s Sanjay Raut, who said that Thane – the home district of Deputy Chief Minister Eknath Shinde – has become a hotbed of gruesome crimes against women and young girls.
Maharashtra
Yellow Alert In Maharashtra: IMD Predicts Thunderstorms & Heavy Rains; Check Out Details
The India Meteorological Department (IMD) has released a yellow alert for various districts in Maharashtra. According to the IMD weather forecast, various districts in Maharashtra are anticipated to experience rain along with thunderstorms and lightning on December 26, 27, and 28.
IMD Predicts Rainfall In Maharashtra
As per reports, the meteorological department has declared a yellow alert for Dhule, Nandurbar, Jalgaon, Nashik, Chhatrapati Sambhaji Nagar, Ahilyanagar, Pune, Jalna, Parbhani, Beed, Akola, Amaravati, Buldhana, and Washim from December 26 to December 28. Weather Update Today, December 24: Review Weather Information, Rain Expectations for Mumbai, Delhi, Chennai, Bengaluru, Hyderabad, and Kolkata.
Areas Under Yellow Alert
Areas like Khandesh, Marathwada, and Vidarbha will be especially impacted. Farmers are recommended to keep updated on weather predictions and modify their strategies as needed. The meteorological department forecasts overcast conditions with light rainfall starting on December 26th throughout Maharashtra. On the 27th, rain with thunderstorms is anticipated in Khandesh (Nashik division), central Maharashtra (Pune division), North Marathwada, and regions of western Vidarbha.
Weather Prediction For Agriculturalists
The next day, December 28th, additional rain accompanied by thunderstorms is expected in Khandesh, the northern parts of Marathwada, and specific regions of Vidarbha. The Agriculture Department has recommended that farmers in these areas stay attentive to weather reports and adjust their farming practices accordingly. Grasping these weather variations is vital for farmers to safeguard their crops and minimize possible harm. The prediction shows differing amounts of rainfall in various regions, with thunderstorms potentially requiring protective actions for crops that are still growing, since the farming process could be negatively affected.
Farmers are urged to keep informed about daily forecasts and take appropriate measures to protect their crops. The Agriculture Department will persist in offering guidance and updates to help farmers manage these evolving circumstances effectively.
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