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

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4 years ago

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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.

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Maharashtra

Construction work on the Dahisar-Bhayandar Link Road targeted for completion by December 2028; Additional Municipal Commissioner inspects the site.

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12 hours ago

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September 12, 2026

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To alleviate traffic congestion and ensure smooth, convenient travel within the Mumbai Metropolitan Region, the Mumbai Municipal Corporation (BMC) has launched a major infrastructure project known as the ‘Mumbai Coastal Road (North).’ Spanning approximately 60 kilometers—including interchanges and link roads—this mega-project aims to connect the Versova and Bhayandar areas via a coastal route. The construction work has been divided into seven packages: Packages A, B, C, D, E, F, and the Dahisar-Bhayandar Link Road (DBLR). Additional Municipal Commissioner (Projects) Abhijit Bangar visited and inspected the Bhayandar interchange site (part of the Dahisar-Bhayandar Link Road/Package 7), located within the limits of the Mira-Bhayandar Municipal Corporation, and issued necessary instructions during the visit.

The Dahisar-Bhayandar Link Road is a crucial project for the Mumbai and Mira-Bhayandar regions, and construction is currently underway. It will establish a direct and rapid road connection between Dahisar West and Bhayandar West. The total length of this road project is approximately 5.135 kilometers. The project encompasses various engineering structures, including elevated roads, roads on stilts through mangrove areas, high-level structures over creeks, elevated corridors over salt pan lands, connecting roads and interchanges for traffic distribution, and flyovers. The main elevated road of the Dahisar-Bhayandar Link Road project—spanning approximately 3.83 km in length and 45 meters in width—will serve as the final leg of the Mumbai Coastal Road (North). Mr. Bangar visited the site and reviewed the preliminary works. Currently, the installation of gabion walls is underway; additionally, piling (deep foundation) and the construction of pile caps are progressing. Several components of the project have already been completed, including 60 piles, 5 pile caps, 4 bridge piers, pier caps, and the ninth section of the bridge. State-of-the-art machinery is deployed at the site, and a temporary bridge system is operational for access. Work related to the ‘launching girder’ is scheduled to commence in the second week of October; Additional Municipal Commissioner (Projects) Abhijit Bangar reviewed detailed information regarding this. Bangar issued instructions to expedite the land acquisition process required for the project and to prepare a priority list in this regard. He emphasized the need to secure cooperation from the Mira-Bhayandar Municipal Corporation and other relevant authorities. He also directed that safety-related Standard Operating Procedures (SOPs) be strictly adhered to, adequate barricading be installed at the site during construction, and the work be completed to high standards within the stipulated timeframe. He instructed that planning and execution be carried out with the aim of completing the project by December 2028. Deputy Commissioner (Infrastructure) Shri Girish Nikam and Deputy Chief Engineer (Mumbai Coastal Road – North) Vaibhav Gandhi were present on the occasion, accompanied by the concerned engineers and consultants.

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Maharashtra

Gutkha and scented betel nut worth approximately ₹1.18 crore seized in Mumbai; 9 arrested.

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15 hours ago

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September 12, 2026

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Mumbai: Authorities have claimed the seizure of banned gutkha worth ₹1.18 crore within the jurisdiction of the Bhandup Police Station. Acting on a tip-off regarding the transportation and sale of banned gutkha and scented betel nut, the Senior Police Inspector of Bhandup Police Station dispatched Assistant Police Inspector Vinod Lad and his team to verify the information and take action. Based on the intelligence received, the team laid a trap and conducted a raid on September 12 at approximately 4:25 AM at the Municipal Corporation parking area on Village Road, Nahur. During the operation, they seized five vehicles—comprising one container truck, two tempos, one Bolero, and one pickup truck—and arrested a total of nine individuals. The seized contraband included banned scented betel nut products (such as ‘Varanasi Aashiq’ scented betel nut and scented tobacco) valued at ₹20,21,100, along with five motor vehicles from various companies valued at ₹98 lakh; the total value of the seized property amounts to ₹1,18,21,100. The five vehicles, the nine accused, and the contraband have been taken into custody, and proceedings to register a formal case at the Bhandup Police Station are currently underway. This successful and noteworthy operation was carried out under the guidance of Police Commissioner Deven Bharti, Joint Commissioner of Police Manoj Kumar Sharma (Law and Order), Additional Commissioner of Police Dhananjay Kulkarni (East Region), Deputy Commissioner of Police Abhay Singh Deshmukh (Zone 3), and Assistant Commissioner of Police Ajay Joshi (Bhandup Division), by a team comprising Senior Police Inspector Sapna Khirsagar, Assistant Police Inspector Vinod Lad, Police Havaldars Hiralal Charande, Akesh Tirmare, and Ganesh Sonone, and Police Constables Vikas Shinde and Vijaykumar Pawar.

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Maharashtra

Accused involved in smuggling “MD” and “MDMA Plus” drugs arrested in Mumbai.

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16 hours ago

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September 12, 2026

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The Mumbai Anti-Narcotics Cell (ANC) has claimed the arrest of a drug dealer involved in MD smuggling, charging him under Sections 8(c) and 22(c) of the NDPS Act. The accused was apprehended in Jogeshwari after being spotted under suspicious circumstances. The following items were seized from his possession:
1) Three MDMA pills weighing a total of 2.04 grams (estimated value: ₹88,000)
2) MD (Mephedrone) weighing a total of 417 grams (estimated value: ₹1,25,10,000)
3) Fifty Indian currency notes of ₹500 denomination (total cash: ₹25,000)
4) One used Apple iPhone 15 (estimated value: ₹20,000)
*The total estimated value of the seized items is ₹1,26,43,000. On September 11, the Azad Maidan Unit of the ANC (Crime Branch) was patrolling the Jogeshwari area when they received credible information that an individual was selling drugs from his residence. Acting on this tip-off, the ANC team raided the suspect’s home and recovered the aforementioned contraband. Case property recovered during the personal search of the said individual: 1) Three “MDMA tablets” weighing a total of 2.04 grams (estimated value: Rs. 88,000); 2) “MD” drug weighing 210 grams (estimated value: Rs. 6,300,000); 3) One used Apple iPhone 15 (estimated value: Rs. 20,000). Case property recovered during the search of the said individual’s residence: 4) “MD” drug weighing 207 grams (estimated value: Rs. 6,210,000); 5) Fifty Indian currency notes of Rs. 500 denomination (total cash: Rs. 25,000). The total estimated value of the recovered case property is Rs. 12,643,000. The ANC squad (Azad Maidan Unit) has arrested the said individual and registered a case (Case No. 85/2026) under Sections 8(c) and 21(c) of the NDPS Act, 1985. This successful operation was carried out by Deven Bharti (Police Commissioner, Mumbai), Anil Kumbhare (Joint Commissioner of Police – Crime), Krishnakant Upadhyay (Additional Commissioner of Police – Crime), and Poornima Chougule-Shringi (Deputy Commissioner of Police, ANC Squad, Crime Branch).

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