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Plea against Delimitation Commission in Jammu and Kashmir, Supreme Court seeks Centre, Election Commission response

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The Supreme Court on Friday sought reply from the Centre, the Jammu and Kashmir administration, and the Election Commission (EC), on a plea against the constitution of the Delimitation Commission to redraw the Assembly and Lok Sabha constituencies in the Union Territory.

Counsel representing the petitioners submitted before a bench headed by Sanjay Kishan Kaul that the delimitation exercise, which was carried out recently, was contrary to the scheme of the Constitution, as the alteration of boundaries could not be done.

The bench, also comprising Justice M.M. Sundresh, then asked counsel why the petitioners did not challenge the constitution of the Commission, which was formed some time ago. As counsel contended it is the Election Commission, as per delimitation order, which is empowered to do any changes, the bench further queried from the petitioners’ counsel as to why his clients did not challenge the formation of the Commission itself?

Solicitor General Tushar Mehta said the plea contends that delimitation can be conducted only by the EC and not the Delimitation Commission.

While objecting to some submissions, the bench told counsel that Kashmir was always part of India and just a special provision was removed.

Mehta said their case is that after Article 370 is gone, the census will only take place in 2026. He further added that delimitations are of two types: one based on geography done by the Delimitation Commission, and the other, by the Election Commission in connection with reservation of seats.

The petitioner’ counsel further argued that the government will place the delimitation order before Parliament, which would further complicate the matter. To this, the bench asked why the petitioners didn’t take it up two years ago.

After hearing the arguments, the top court issued notice to the Centre, J&K administration, and the poll panel, giving them six weeks to file their response, and scheduled the matter for further hearing on August 30.

The plea moved by Haji Abdul Gani Khan and Dr. Mohammad Ayub Mattoo, both residents of Kashmir, sought directions seeking a declaration that increase of number of seats from 107 to 114 in Union Territory of Jammu & Kashmir is ultra vires the constitutional provisions such as Articles 81, 82, 170, 330, and 332 and statutory provisions particularly under section 63 of the Jammu & Kashmir Reorganisation Act, 2019.

The plea also urged the top court to issue to direction to declare notification issued on March 6, 2020, constituting the Delimitation Commission to take up delimitation in the UT of J&K and states of Assam, Arunachal Pradesh, Manipur and Nagaland is violative of Article 14 of the Constitution.

“In fact, in the State of Jammu and Kashmir, the census operation was completed in 2001, but the delimitation was done in 1995. Even on this count, the entire process adopted is unconstitutional as there is no population census operation during 2011 at all for Jammu and Kashmir,” said the plea.

The plea argued that if August 5, 2019 was to unite the Jammu and Kashmir state with India, then the delimitation process defeats the “new order” of one nation and one Constitution in the country. It said: “While Article 170 of the Constitution of India provides that the next delimitation in the country will be taken up after 2026, why has the UT of Jammu and Kashmir been singled out?”

Maharashtra

Loudspeakers of mosques in Mumbai, Kirit Somaiya’s notice against mosques, threat of deteriorating atmosphere, police notice to maintain law and order,

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Mumbai: Mumbai The controversy over loudspeakers of Mumbai mosques has now intensified. BJP leader Kirit Somaiya is adamant on action against mosques in Mumbai, after which the Mumbai Police also issued a restraining order notice to Kirit Somaiya. But despite all this, Kirit Somaiya visited the Bhandup police and not only demanded action against loudspeakers, but the police, under Kirit Somaiya’s pressure, took action against loudspeakers of four mosques in Malind. In addition, an illegal mosque was located in Jala Ram Market. Action was taken against it. So far, 11 loudspeakers have been removed. All these loudspeakers were on the mosque within the limits of the Bhandup police station. This information was given by Kirit Somaiya.

Bhandup police had issued a notice under Section 168 to Kirit Somaiya to maintain law and order, asking him not to visit the Muslim settlements of Bhandup Khandipara during his visit on April 19, as this could pose a threat to law and order and also create traffic problems. Along with this, the police had also issued an order for action under Section 223 for violating the notice, despite which Kirit Somaiya appeared at the Bhandup police station.

Kirit Somaiya incitement against mosques is at its peak, and Kirit Somaiya’s campaign in Mumbai city is also threatening law and order and communal harmony, while Kirit Somaiya has also warned of intensifying this campaign, which continues to pose a law and order problem in Mumbai city. Kirit Somaiya’s campaign against mosques has also raised fears of communal tension, while the police have now started the process of sending notices to Kirit Somaiya for visiting Muslim-majority areas. However, despite this, Kirit Somaiya tries to pressure police officers by going to the relevant police station, while the police have banned Kirit Somaiya from entering mosques and other religious places in Muslim-majority areas. This is the first time this action has been taken against Kirit Somaiya in Bhandup.

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Maharashtra

Demolition action on Jain temple in Vile Parle is unfair -: Abu Asim Azmi

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Mumbai: On the demolition of the Jain temple in Mumbai’s Vile Parle, Maharashtra Samajwadi Party leader and Worker’s Assembly termed it as injustice by BMC and said that there is a need to formulate a separate law for religious places because in such a situation there is a risk of deterioration of the environment. He said that the legal stage needs to be completed before taking action on mosques, temples and religious places. The 90-year-old Jain temple was demolished by BMC even before the court’s decision.
This stage was under hearing before the action on the Jain temple, but the BMC has taken this action in a hurry. Before the Jain temple that was demolished, the documents related to the temple and the decision were received. The BMC did not show patience even until the temple was demolished. He said that the BMC takes more swift action on the demolition of religious places instead of demolishing illegal encroachments. He said that the order not to take action on structures and religious places built before 1995 was given by Chief Minister Manohar Joshi. He said that action is needed against such officers who promote illegal constructions and along with action against them, fines should also be collected from them for the demolition of illegal structures.

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Maharashtra

Congress locks Mumbai ED office, Case registered against Congress workers

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Mumbai: Mumbai Enforcement Directorate Police have registered a case against 15 to 20 Congress workers for protesting by locking the ED office. The protest was held at the ED office when it was on holiday and the Congress workers locked the already locked office. According to the police, the office was closed during the protest, but a case has been registered against Congress workers and protesters in this case. The protesters also raised anti-government slogans during the protest at the ED office and the protesters said that Modi sends the ED forward whenever he is afraid. Congressmen have continued to protest against the investigation and inclusion of their names in the charge sheet against Rahul Gandhi and Sonia Gandhi in the National Herald case. Congressmen have protested in the same manner, after which a case has been registered. This case was registered by MRA Marg Police and the investigation is ongoing. No one has been arrested in this case, this has been confirmed by local DCP Praveen Kumar. Police have tightened security around the office following the protest.

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