Maharashtra
Lot of questions about Governor calling a group of people, SC to Shinde counsel
The Supreme Court on Wednesday shot a volley of questions at counsel representing Maharashtra Chief Minister Eknath Shinde while hearing petitions filed by the Shiv Sena and its rebel MLAs on constitutional issues of splits, merger, defection, and disqualification.
Senior advocate Harish Salve, representing Shinde, contended before a bench headed by Chief Justice N.V. Ramana that there is no split in the political party rather, there is a dispute over its leadership, which can be said to be an “intra-party” dispute, not falling within the scope of defection.
As this, the Chief Justice told Salve: “I will ask one question to you, who came first to this court?” Salve replied that the rebel MLAs came to the top court when the then Deputy Speaker of the Maharashtra assembly issued disqualification notices to them, even though a notice against him was pending. He added that to say that a Speaker (Rahul Narwekar), who has been elected by the majority should be stripped of all authority and the top court to decide the disqualification is unprecedented.
On July 11, the top court asked the new Assembly Speaker Narwekar, not to decide disqualification proceedings initiated against Shiv Sena MLAs, including Chief Minister Shinde, until the court hears the matter.
The Chief Justice told Salve that Shinde faction came first to the top court and it deferred the matter for 10 days and now the Speaker should decide when the issues are before the court. Salve clarified that he is not saying the Shinde faction got an advantage due to 10 days, instead things are misconceived and not infructuous.
At this, the bench said: “There are a lot of questions about the Governor calling a group of people… we can’t say all these are infructuous.”
The Chief Justice told Salve, the entertaining of that petition (Shinde and rebel MLAs) was contrary to Karnataka judgment where the top court said the high court should be approached first.
Senior advocate Neeraj Kishan Kaul, representing the rebel MLAs, said that “the reason we came here, as there was a serious issue of threats”.
“Protection was given here.”
The Chief Justice then pointed out that generally the person (in this case, the Speaker) decides the matter and those aggrieved challenge it. “Rightly or wrongly, we granted some relief and now you come and say that we can’t decide?”
Salve said the reason they came to the top court was that the Speaker cannot decide the issue, as there was a resolution seeking his removal, and also emphasised that his client has not given up the party’s membership.
The Chief Justice queried further, if tomorrow, a disqualification petition is filed before the Speaker, and some people send a notice against the Speaker, saying the Speaker can’t decide, then?
Salve submitted: “Till the speaker decides if I have given up membership, the question of demolishing my defences will not arise. Why raise ghosts and start slaying themaour argument is simple, we have not given up membership.”
After hearing arguments, The top court asked Salve to redraft the submissions on petitions filed by the Uddhav Thackeray faction, on the questions of law, and scheduled the matter for further hearing on next Thursday.
Mumbai: Mumbai Economic Branch (EOW) has also started property seizure proceedings in the case of embezzlement of crores of rupees from New India Cooperative Bank. EOW said that after identifying the properties obtained from the embezzled amount, it has been attached and seized. 5 accused have been arrested in this case and 21 immovable properties of these accused have been found, which have been allowed to be confiscated.
This is the first action under 107 BNSS in Mumbai city in which the property of the accused has been seized. Mumbai AOW said that the amount recovered from the seized properties will also be estimated. After the bank scam in Mumbai, EOW has taken major action and details of other properties of the accused are also being investigated.
Crime
Mumbai Five members of Lawrence Bishnoi gang arrested, Mumbai Crime Branch gives a shock to Bishnoi gang
Mumbai: Mumbai Crime Branch has claimed to have arrested five shooters of gangster Lawrence Bishnoi gang in a major operation. 5 revolvers and 21 live cartridges have been recovered from the possession of these shooters. Mumbai Police is also interrogating these shooters. Police arrested the attackers before they could execute the incident and averted the incident. Mumbai Crime Branch has arrested these five from Andheri area. They had come here with the intention of carrying out a major vandalism incident, but the police foiled the incident before that.
The arrested accused include Vikas Thakur, Samit Dilawar, Devendra Rupesh Saxena, Shreya Suresh Yadav, Vivek Gupta. Vikas Thakur is a resident of Versova Andheri, Samit Mukesh Kumar Dilawar is a resident of Sonipat, Haryana, Devendra Rupesh Saxena is a resident of Madhya Pradesh, Shreya Suresh Yadav is a resident of Jagdishpur, Bihar and Vivek Kumar Gupta is a resident of Rampur, Rajasthan.
Weapons have been recovered from their possession and the Crime Branch has registered a case against them under Section 3 and 25 of the BNS, Section 55 and 61 (2) and Maharashtra Police Act. The Crime Branch is investigating where the accused brought the weapons from.
After the shooting of Salman Khan, Lawrence Bishnoi gang is trying to become active in Mumbai, but due to the strict action of Mumbai Crime Branch, the back of the gang has been broken and now the Crime Branch has given a big blow to the Lawrence Bishnoi gang and arrested five of its members. The Crime Branch is further investigating the matter.
Maharashtra
It is unconstitutional to deprive SP MLA Raees Sheikh of his right to handle religious affairs under Article 26 of the Constitution
Mumbai: Maharashtra MLA Raees Sheikh has opposed the introduction of the Wakf Bill in the Lok Sabha. Raees Sheikh has strongly criticized the BJP for creating a false narrative and called the bill a misconception and unconstitutional bill which is harmful for the poor of the society.
Shaikh further said that Article 26 of the Constitution guarantees freedom to run religious institutions. It is unconstitutional to take away the right of a person to run his institution under Article 26 of the Constitution. MLA Shaikh said that this move is against the constitutional guarantee of dealing with religious matters.
Shaikh said that the BJP government is showing the UPA government that it is doing politics of appeasement of a particular community, while the BJP-led government is not doing so. This is an attempt to spread a lie that allows the community to seize any land under Waqf or claim it to be Waqf. The Waqf Board is not a private organisation of the Muslim community but a statutory body established under the Waqf Act. In the process of declaring a property as Waqf, a government surveyor conducts a survey and officially declares the property as Waqf. Sheikh remarked that it is completely wrong to present the idea that Muslims can arbitrarily declare any property as Waqf.
Shaikh further said that he strongly opposes the false image being created by the government and the government has not considered the suggestions given by Muslims or the opposition. All Waqf governing boards and trusts have been given the option to exit the Waqf framework. This has weakened the system. “This is an unimaginable and unimaginable bill that only harms the poor of the society,” Sheikh said.
He further said that some provisions, such as the condition that the person making the donation should have been a Muslim for five years, are strange. Earlier encroachment on wakf property was a non-bailable offence, but now it has been made a criminal offence
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