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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

Insulting and objectionable comments on farmers, commotion in the Assembly, Congress leader Nana Patole suspended for a day, determined to continue the fight.

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Mumbai: Senior Congress leader and MLA Nana Patole has been suspended from the assembly proceedings for a day for protesting in front of the speaker’s podium in the Maharashtra Legislative Assembly against the ruling party’s derogatory and objectionable remarks on the farmers’ issue. Nana Patole had protested in the house against the derogatory remarks against farmers, after which this action has been taken. The derogatory remarks against farmers had led to a ruckus in the house.

The House was rocked by a ruckus after Agriculture Minister Manikrao Kokate and BJP MLA Babunrao Lonekar made derogatory remarks against farmers, alleged Nana Patole. After which Nana Patole and opposition leaders reached the Speaker’s chair in protest, a ruckus broke out and demanded an apology for the remark. Speaker Rahul Narvekar asked the members to maintain order and sit in their seats, but the ruckus continued and Nana Patole was suspended from the Assembly for a day.

Addressing reporters on the ridicule of farmers, Congress leader Nana Patole said that those who insult farmers are given respect and those who fight for the rights of farmers are thrown out of the assembly. Nana Patole criticized the ministers of the state government and the central government and said that today farmers are being treated like beggars. He said that due to unseasonal rains, the crops of farmers have been destroyed and the government has not taken any effective steps to help the farmers and their insurance has also expired. The Congress leader, calling the government anti-farmers, vowed to continue fighting for their rights even after disciplinary action. He said that we will continue to fight against this corrupt and incompetent government even if we have to face suspension every day.

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Maharashtra

Demand for action against Mankhurd, Shivaji Nagar, Kurla Scrap and SMS Company. Assurance of action by the Environment Minister in the House on the demand of Abu Asim Azmi

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abu aasim aazmi

Mumbai: Abu Asim Azmi demanded strict action against environmental pollution and illegal soap making in Kurla scrap factory in Mumbai Maharashtra Legislative Assembly. Due to air pollution, public life has become unbearable. He told the House that due to pollution from legal Kurla scrap factories and SMS company in Mankhurd Shivani Nagar, the average life expectancy of the residents here has come down to just 39 years. Residents are forced to live amidst dirty, smelly water, air pollution and diseases. Despite this issue being raised in every meeting, the government has not taken any meaningful steps to resolve this issue and no action has been taken. Azmi drew the attention of the minister to this and demanded action as soon as possible, on which during the meeting, Environment Minister Pankaja Munde assured positive action on this serious issue and announced to call a meeting in this regard on Friday. She said that if any illegal activity or factory is going on, action will be taken against it. The local assembly member has also been invited to this meeting.

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Maharashtra

SP MLA Abu Azmi Moves Bombay High Court to Quash FIRs Over Controversial Remarks Labeling India as ‘A Golden Sparrow’ Due to Aurangzeb

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Mumbai, June 30, 2025 — The controversy surrounding remarks made by Samajwadi Party (SP) MLA Abu Azmi continues to unfold as he has approached the Bombay High Court seeking to quash multiple FIRs registered against him. The filings stem from comments in which Azmi referred to India as ‘a golden sparrow’—a phrase he linked to the Mughal emperor Aurangzeb—drawing widespread attention and sparking debates over the nature of these remarks.

Azmi’s petition argues that his statements have been misinterpreted and taken out of context, claiming they are part of a historical narrative rather than a political statement. He contends that criminal proceedings against him are unjustified and that his freedom of speech should be protected under constitutional rights.

The FIRs, registered across various districts, allege that Azmi’s comments could incite communal tensions and offend sentiments linked to national identity. Critics have accused Azmi of making divisive remarks, while supporters argue that his statements are historical references meant to shed light on past rulers and avoid misrepresentations.

Legal experts suggest that the case revolves around balancing free speech against the potential to incite discord. The court’s decision on whether to dismiss the FIRs could have broader implications for political discourse and expression of historical perspectives in India.

As the matter remains under judicial review, it continues to fuel discussions across political circles and social media, highlighting the sensitive nature of historical narratives and freedom of expression in contemporary India.

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