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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?”

disaster

Mumbai’s Deputy Commissioner of Police (DCP) Sudhakar Pathare, who was posted in the Port Zone, passed away in a road accident on Saturday.

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Pathare had visited Hyderabad for training. He was on his way to visit a temple with a relative when the accident occurred. Both Pathare and his relative lost their lives in the crash.

Mumbai Police have been informed about the incident.

More details are awaited.

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Maharashtra

Order to demolish the tomb of Hazrat Syed Bale Shah Baba in Mira Bhayander

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Mumbai: The state government has issued an order to demolish the four hundred year old dargah of Hazrat Syed Bale Shah Peer Rahmatullah Alaih located in Mira Bhayander. Mira Bhayander Municipal Corporation has sent a letter to the collector declaring this dargah illegal and ordered action against it. As the dargah is located on forest land, communalists had started demanding the demolition of the dargah. In the House, Darranjan Daukhre had also demanded action against the dargah, after which now the state government has ordered to run a bulldozer on the dargah. An order has also been issued to remove and demolish the dargah by May.

Dargah trustee Amjad Sheikh said that this dargah is ancient and this order is illegal in itself. In this case, communal forces had launched a campaign against the dargah, after which this order was issued.

There is a dargah on the beach and citing the threat of terrorist and illegal activities and the presence of terrorists here, there was a demand to demolish the dargah. The dargah is close to the sea and in such a situation, the threat of a terrorist attack on Mumbai from the sea has been expressed, while the dargah administration has clearly denied this and said that communal organizations are running their agenda against the dargah and there is no such threat. Muslims have opposed this decision of the government and Muslims have also expressed their displeasure and anger over it.

The trustee says that this dargah is ancient and earlier the collector and the municipal corporation had given a notice, after which the illegal shed and other premises were demolished here and the dargah administration has taken this action at its own level. Now an order has been issued to demolish the dargah itself.

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Maharashtra

Haji Ali Dargah will be closed for pilgrims for a few hours on Eid due to rising sea level

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Mumbai: Due to rising sea level at Haji Ali Dargah in Mumbai, the dargah will be closed for pilgrims for a few hours on Eid. On March 31, the dargah will be closed for pilgrims from 12 noon to 3 pm. During this time, entry of pilgrims to the dargah will be restricted. The dargah will be closed on Tuesday, April 1 from 12:45 pm to 3:45 pm and on Wednesday, April 2 from 1:30 pm to 4:30 pm.

Therefore, we have appealed to the pilgrims not to gather at the dargah during these hours. This information has been released by Tahir, administrative officer of Haji Ali Dargah. Pilgrims visit Haji Ali Dargah on Eid-Basi and Tiwasi, but due to the rising water level of the sea, water gets accumulated on the way to the Dargah and entry to the Dargah is prohibited and the gate of the Dargah remains closed during these days, due to which there is a lot of crowd there. Therefore, pilgrims have been requested to come to the Dargah only at the scheduled time.

The police also remains vigilant at the Dargah during the rising sea level, as there is a crowd of pilgrims here during Eid and festivals. The Haji Ali Dargah administration has said that on the occasion of Eid, lakhs of pilgrims visit the Dargah of Haji Ali (RahmatullahAlaih). These pilgrims include pilgrims from the country and abroad, so the Dargah administration has also claimed special security arrangements on Eid. Spiritual scenes are also seen at Haji Ali Dargah during Eid prayers.

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