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Maharashtra

How many times did Parliament discuss conduct of Speaker, SC asks Uddhav faction

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 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.

Maharashtra

‘Save the Vote, Save the Nation’: Rahul Gandhi urges people to join INDIA bloc’s ‘Chalo Dilli’ march

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Leader of the Opposition in the Lok Sabha, Rahul Gandhi, on Sunday urged people to join the INDIA bloc’s ‘Chalo Dilli’ march in the national capital, calling for public participation in the protest against alleged electoral irregularities and demanding the resignation of Chief Election Commissioner (CEC) Gyanesh Kumar.

In a post on X, Rahul Gandhi appealed to people to gather at Connaught Place and march together towards Ramlila Maidan, where the opposition alliance is organising a major rally.

“Delhi, get ready! Save the Vote, Save the Nation. Come to Connaught Place, let’s march together. Or meet directly at Ramlila Maidan – but you must come. Today | 12 PM,” he posted.

The INDIA bloc has expressed optimism about public participation in the rally, asserting that the protest would witness “historic participation” extending beyond party workers.

Earlier in the day, while speaking to media, Shiv Sena (UBT) MP Sanjay Raut described the gathering as a “mega rally” and said the opposition would continue its agitation until the Chief Election Commissioner stepped down.

“They (the government) may be under the assumption that the agitation has ended, but we won’t let them go until Gyanesh Kumar resigns,” he asserted.

Raut also reiterated Rahul Gandhi’s allegation that people were being stopped from participating in the rally.

The INDIA bloc is organising the large-scale gathering at Ramlila Maidan to protest alleged electoral irregularities, oppose the Special Intensive Revision (SIR) of electoral rolls and demand the resignation of CEC Gyanesh Kumar.

The opposition alliance expects a major show of strength, as leaders from constituent parties, workers, and student groups have started to gather at the venue. The protest comes amid allegations by opposition parties of irregularities in the voter list revision process being undertaken by the Election Commission of India (ECI).

Meanwhile, extensive security arrangements have been put in place across New Delhi and Central Delhi ahead of the rally. Additional personnel from the Rapid Action Force (RAF), Central Industrial Security Force (CISF), Central Reserve Police Force (CRPF) and Sashastra Seema Bal (SSB), along with Delhi Police personnel, have been deployed around Deen Dayal Upadhyaya Marg.

Delhi Police have also tightened security across the national capital. Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) is in force across Delhi districts, and gatherings have been prohibited at key locations, including Jantar Mantar and the Election Commission office.

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Bollywood

Tiger Shroff firing case: 12th accused sent to police custody till Nov 6

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A Mumbai court on Saturday sent Amar, the 12th accused arrested from Haryana’s Sonipat in connection with the firing incident on Bollywood actor Tiger Shroff, to police custody till November 6.

On Thursday, a special Maharashtra Control of Organised Crime Act (MCOCA) court had sent 11 other accused arrested in connection with the firing on Shroff’s car to police custody till November 6.

The latest accused was arrested from Rohna village in Sonipat.

Earlier in the day, the Mumbai Police had produced Amar before a court, which sent him to police custody until November 6.

According to officials, Amar is accused of having transferred money, allegedly used in the commission of the crime, online. The funds were reportedly used for various expenses, including the purchase of a motorcycle and booking hotel rooms linked to the case.

According to the preliminary investigation, Amar is a friend and neighbour of Kunal, who was arrested earlier in the case. Police investigations have revealed that Kunal allegedly transferred Rs 40,000 to Amar’s bank account.

Amar subsequently transferred Rs 12,000 to Radha’s bank account, another accused arrested earlier, allegedly on Kunal’s instructions.

The Mumbai Police are investigating these financial transactions to establish the purpose of the transfers and determine the connections between the accused. The money trail is being examined as part of the wider investigation into the firing incident.

Amar, who studied up to Class 10, works at a supplements shop. His parents reportedly earn their livelihood through daily-wage labour.

Meanwhile, Amar’s family has claimed that he is innocent and alleged that he has been falsely implicated in the case.

With nine of the 12 arrested accused reportedly belonging to Sonipat, the district has emerged as a key focus of the Mumbai Police investigation.

The police are examining the financial dealings and personal connections among the accused to establish the sequence of events and identify the roles played by individual suspects.

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Maharashtra

36-year-old absconding accused arrested from Gujarat in Mumbai non-bailable warrant

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Mumbai: The Mumbai Crime Branch has claimed the arrest of a wanted suspect, against whom a non-bailable warrant had been issued by the court in connection with a theft case. The 29-year-old complainant was en route to deliver diamonds, gold jewelry, and cash from his shop when, in front of the main entrance of the Panchratna Building, four unidentified individuals—acting in conspiracy—threatened him with a revolver and a knife. They injured him and forcibly stole the diamonds, jewelry, and cash, valued at approximately 2,048,964 rupees. A case was subsequently registered at the D.B. Marg Police Station. Following further investigation by Crime Branch Unit 2, a charge sheet was filed in court. The 59-year-old suspect involved in this crime had repeatedly failed to appear in court during the proceedings, leading to the issuance of a non-bailable warrant against him. The Crime Branch carried out this operation to execute the said warrant.

Acting on direct intelligence and technical analysis, the police team tracked down the 59-year-old suspect—who was a wanted individual subject to a non-bailable warrant—and took him into custody on October 30th in Gaonpur, Vadodara district, Gujarat. This operation was conducted under the directives of Mumbai Police Commissioner Deven Bharti, with the involvement of Joint Police Commissioner Anil Kumbhare, Additional Commissioner Krishna Kant Upadhyay, and DCP Raj Tilak Roshan.

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