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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

Samta Nagar Police Arrest Man With Brown Heroin Worth ₹9.75 Lakh From Kandivali East Public Toilet

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Mumbai: The Samta Nagar Police have arrested a 26-year-old man for allegedly possessing brown heroin worth ₹9.75 lakh with the intent to sell, officials said.

The accused, identified as Vicky Vidhakar Padmukh, a resident of Kandivali East, was apprehended on April 22.

The arrest followed a case registered earlier the same evening under relevant provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

According to the police, the offence took place between 2:39 pm and 4:50 pm on April 22 near a public toilet at Krantinagar rickshaw stand, close to Lokhandwala Complex in Kandivali East.

During the operation, police recovered 65 grams of brown heroin from the accused, estimated to be worth ₹9.75 lakh in the illegal market. The contraband was allegedly being possessed for the purpose of sale.

A case has been registered under Sections 8(c) and 21(b) of the NDPS Act. Further investigation is underway to ascertain the source of the drugs and whether other individuals are involved in the network.

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Crime

Mumbai Man Arrested By Agripada Police For Sending Obscene Messages, Demanding Sexual Favors From 19-Year-Old

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Mumbai: The Agripada Police have arrested a man for allegedly sending obscene messages and demanding sexual favors from a 19-year-old girl. The accused is also suspected of having behaved similarly with other women who had previously worked with him, police sources said. Amid the ongoing investigation, a separate case of outraging modesty has also been registered against the same accused at Pydhonie Police Station.

According to police, the latest FIR was registered at Pydhonie Police Station under Sections 78(1)(i)(ii) and 79 of the Bharatiya Nyaya Sanhita (BNS) at 12:55 am on April 24.

The complainant, a 24-year-old woman, alleged that the accused, identified as Ashraf Ashfaq Siddiqui, contacted her on April 20 between 11:57 am and 12:37 pm after obtaining her mobile number. The accused allegedly sent repeated WhatsApp messages proposing friendship and a relationship. Despite the complainant clearly refusing and asking him to stop messaging, he continued to contact her persistently and pressured her to enter into a relationship, thereby causing harassment and outraging her modesty. Police said further investigation is underway.

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Crime

Chembur Police Arrest Four For Trying To Sell Elephant Tusks Worth ₹3.5 Crore; Forest Department Confirms Seizure

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Mumbai: The Chembur Police Station have arrested four persons for allegedly attempting to sell elephant tusks in violation of wildlife laws. The action was carried out by the Crime Detection Unit following a tip-off about illegal trade in wildlife contraband.

The accused have been identified as Akash Ashok Avhad (28), Sandip Randhir Bidlan (33), Shashank Chandrashekhar Ranjankar (38), and Dinesh Rammanohar Agnivanshi (40).

According to police, acting on specific intelligence, a trap was laid on April 22 at a hotel on RC Marg in Chembur. Informants were instructed to pose as buyers and arrange a deal with the accused. A room was booked at a local lodging facility, where the suspects agreed to deliver the tusks for sale.

At around 7:27 pm, after receiving a signal from the informants, the police team raided Room No. 304 of the hotel. During the raid, four individuals were found inside along with two ivory tusk-like objects placed on the bed.

Officials from the Maharashtra Forest Department were called to the spot, who prima facie confirmed that the seized items were genuine elephant tusks. The accused allegedly intended to sell the tusks for approximately ₹3.5 crore.

The seized contraband includes two elephant tusks weighing about 11 kg and 20.6 kg respectively, along with bags and packing material used for transportation. Police also recovered four mobile phones from the accused.

All items were seized and sealed as per procedure. The accused were taken into custody and brought to the police station for further legal action.

A case has been registered under relevant sections of the Bharatiya Nyaya Sanhita, along with provisions of the Wildlife Protection Act, 1972, including Sections 9, 39, 44, 48, 50, and 51. Further investigation is underway to trace the source of the tusks and identify other members of the network involved in wildlife trafficking.

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