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Plea in SC challenging delimitation exercise in J&K

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A plea has been moved in the Supreme Court challenging the March 2020 decision of the Central government to appoint a Delimitation Commission to redraw the constituencies of Jammu and Kashmir.

The plea moved by Haji Abdul Gani Khan and Dr. Mohammad Ayub Mattoo, both residents of Kashmir, sought directions seeking a declaration that an increase of number of seats from 107 to 114 in the 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 a 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 as 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 was 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?”

The plea added that after the census of 2001, the Jammu and Kashmir Assembly amended ‘Section 47’ of the Jammu and Kashmir Constitution, vide the Jammu and Kashmir (Twenty-nine amendment) Act, 2002, to put on hold the delimitation exercise till after 2026, identical to and in tune with Article 170 of the Indian Constitution.

“Issuance of Notification by the Law and Legislative Department appointing the Delimitation Commission is without jurisdiction, unconstitutional and ultra vires to the election laws apart from J&K Reorganisation Act, 2019,” it added.

The plea contended that any move to increase the number of seats in Jammu and Kashmir must be preceded by a constitutional amendment, besides the amendment of elections laws, namely, the Delimitation Act, 2002 and the Representation of People Act, 1950.

It added that the Delimitation Commission had issued guidelines and methodology for the Delimitation of Assembly and parliamentary constituencies on July 5, 2004, along with the constitutional and legal provisions. “It clearly stated that the total number of existing seats in the Legislative Assemblies of all states, including UTs of the National Capital Region and Pondicherry, as fixed based on the 1971 census shall remain unaltered till the first census to be taken after the year 2026,” it added.

Crime

Palghar News: 31-Year-Old Woman Advocate Files Complaint Of Molestation During Auto Ride In Virar

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Palghar: A 31-year-old woman advocate from Virar has filed a police complaint alleging molestation and intimidation while traveling in an autorickshaw at Global City, Virar (West).

According to the FIR registered at Bolinj Police Station, the incident occurred around 11:40 a.m. on August 29 when the complainant, identified as Renuka Manoj Kumar Saraswat, was on her way from the Global City rickshaw stand to Virar railway station.

The complaint states that an unknown male passenger seated next to her touched her arm inappropriately and made objectionable remarks, calling her “baby” and asking her to hold his hand. The man then allegedly telephoned another person, identified as Advocate Yadav (full name and address unknown), who arrived at the spot.

The complainant further alleged that Advocate Yadav peeped into the autorickshaw and threatened her, saying, “I will tell you what molestation really means. Who is your senior?” He also allegedly abused her in foul language.

Police have booked the case under relevant sections of the Bharatiya Nyaya Sanhita (BNS) – Sections 74, 79, 351(2), 352, and 3(5). No arrests have been made so far.

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Crime

NCB Attaches Properties Worth ₹2.36 Crore Of Ganja Smuggling Kingpin In Maharashtra

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Mumbai: The office of Competent Authority and Administrator under the SAFEMA & NDPS Act has confirmed the orders of attachment issued by NCB Mumbai concerning the movable & immovable properties worth Rs 2.36 Crores of a kingpin who was found involved in smuggling of Ganja.

The seized movable properties include three bank accounts & one Mahindra Thar and immovable properties include a piece of land at Uruli Kanchan, Taluka Haveli, Pune, Maharashtra.

The matter pertains to seizure of 111 Kgs of Ganja at Pathardi Road, Ahilyanagar by Narcotics Control Bureau, Mumbai leading to arrest of five individuals. The drug was found sourced from Andhra-Odisha Border area (AOB) and was destined to Pune, Maharashtra. In course of investigation, the kingpin & mastermind, operating this interstate drug syndicate from Pune had been arrested.

This case exemplifies NCB’s commitment to effectively identifying drug trafficking networks and disrupting their ecosystem by freezing assets acquired through money generated out of drug trafficking.

To fight against drug trafficking, NCB seeks support of the citizens. Any person can share information related to sale of narcotics by calling on MANAS- National Narcotics Helpline Toll Free Number-1933. The identity of the caller is kept confidential.

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Crime

Mumbai: One Year On, No Progress In Kalina Drug-Planting Case Against 4 Cops

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Mumbai: After a year, there has been no significant progress in the drug-planting incident in Kalina involving four police personnel. The incident occurred on August 30, 2024. However, the police registered an FIR against the four personnel only after more than three months, following directions from the Human Rights Commission. Apart from this, there has been no major development in the case.

The Vakola police have neither taken any action against the accused nor filed a chargesheet or properly recorded eyewitness statements. They have also not added additional NDPS (Narcotic Drugs and Psychotropic Substances) sections to the case, applying only bailable sections instead. As a result, the accused were granted anticipatory bail.

The victim’s lawyer, Advocate Akshay Bhole, stated, “There has been no progress in the case and no chargesheet has been filed. The police have not contacted us. The victim has been at home for a year, as no one is willing to offer him a job out of fear. The Human Rights Commission’s hearing date is scheduled for December.”

The incident dates back to August 30, 2024, when PSI Vishwanath Omble and three constables — Imran Shaikh, Sagar Kamble, and Yogendra Shinde (also known as Dabang Shinde) — in plain clothes from the Khar police station visited Shahbaz Khan’s livestock farm in Kalina, Santacruz East, where Dylan Estbeiro, 31, was working. They allegedly frisked Dylan and planted 20 grams of mephedrone in his pocket during a staged search, later accusing him of drug possession.

The entire incident was captured on CCTV, which was later reviewed and shared publicly by Shahbaz Khan. Following the release of the footage, Dylan was released by the Khar police. The video sparked public outrage, prompting then-Deputy Commissioner Raj Tilak Roushan to suspend all four police personnel on August 31. Dylan told FPJ, “It has been one year since the incident occurred, yet there has been no major development in the case.

The investigating officer has also been changed. The police came to my residence and told my father that I should visit the police station after Ganapati. My career is over, and I do not know when I will get a new job. The police have not added NDPS sections so far against the accused police personnel.”

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