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‘President’s Order To Scrap Article 370 Valid, Hold Elections By Sept 2024′: Big Unanimous Supreme Court Verdict

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Supreme Court on Monday announced the verdict on Article 370 and the court upheld the validity of the Constitutional Order abrogating Article 370. The Supreme Court today announced the verdict on a batch of petitions challenging the abrogation of the provisions of Article 370. A five-judge bench which was headed by Chief Justice of India (CJI) DY Chandrachud passed its decision on whether the decision taken by the Government of India to abrogate the provisions of Article 370 of the Constitution was valid or not.

Constitutional Order abrogating Article 370 is valid

The Supreme Court in its verdict, has announced that the Constitutional Order abrogating Article 370 is valid. The decision on abrogation of provisions of Article 370 was taken by the Centre on August 5, 2019.

Jammu and Kashmir is an integral part of India

The Supreme Court observed that Jammu and Kashmir is an integral part of India and Maharaja Hari Singh surrendered the sovereignty of the state. The court also said that the provisions of Article 370 was a temporary provision and it was created due to war conditions.

Union government cannot take actions of irreversible consequences

The Supreme Court also said the argument of petitioners that the Union government cannot take actions of irreversible consequences in the State during Presidential rule is not acceptable.

‘Every decision taken by Union on behalf of State is not subject to challenge’

CJI DY Chandrachud also said, “Every decision taken by Union on behalf of State is not subject to challenge, this will lead to chaos and uncertainty and would bring the administration of the State to a standstill.” The Supreme Court held that Jammu and Kashmir became an integral part of India as evident from Articles 1 and 370 of the Constitution of India.

The concurrence of the State government was not required

Supreme Court said that the concurrence of the State government was not required to apply all provisions of the Constitution using Article 370(1)(d). So, the President of India taking the concurrence of the Union government was not malafide. Supreme Court said, “No maladies in exercise of power under Article 370(3) by President to issue August 2019 order. Thus, we hold the exercise of Presidential power to be valid.” It further said, “When Constituent Assembly of J-K ceased to exist, special condition for which Article 370 was introduced ceased to exist.”

Hold Elections by September 30, 2024

The court also directed the Election Commission of India (ECI) to hold elections in the state. “We direct that steps shall be taken by the Election Commission of India to conduct elections to the Legislative Assembly of Jammu and Kashmir by 30 September 2024,” said CJI reading judgement in Article 370 matter.

SC upholds reorganisation of Ladakh as Union Territory

The Supreme Court in its decision further has upheld the reorganisation of Ladakh as Union Territory. The Supreme Court said, “Given the Centre’s submission on the restoration of statehood of Jammu and Kashmir, it directs that statehood shall take place as soon as possible.”

National News

Thane: Maharashtra Forest Minister Ganesh Naik’s Convoy Caught Driving On Wrong Side Of Road Amid Traffic Jam

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Thane: A video of Maharashtra Forest Minister Ganesh Naik’s convoy travelling on the wrong side of the road to avoid a massive traffic jam on the Ghodbunder Road in Thane has surfaced on social media with commuters seeking to know if traffic rules were meant to be followed only by common citizens.

The incident occurred on Wednesday morning when Naik was heading to Palghar for a meeting of the District Planning Committee.

Naik is also the district guardian minister of Palghar.

While the BJP minister’s convoy with police escort was on the way to Palghar, it took a U-turn to avoid a traffic jam and started going on the wrong side of the road.

Eyewitnesses and commuters were quick to capture videos and photos of the minister’s convoy driving on the wrong side. The video that has surfaced on social media shows the minister sitting inside his car.

Angry citizens took to social media to express outrage, saying such instances expose the “two Indias on the same road – one for the powerful and one for the powerless”.

“Traffic rules apply only to the ‘aam aadmi’ (common people), not the VVIPs,” one commuter said.

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National News

Bihar polls: Measures announced to ensure accessible voting for persons with disabilities

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New Delhi, Oct 15: In a move to ensure inclusive and barrier-free participation in the upcoming high-stakes Bihar Assembly elections and bye-elections in eight Assembly Constituencies, the Election Commission of India (ECI) on Wednesday issued comprehensive guidelines aimed at making the voting process accessible for Persons with Disabilities (PwDs).

According to the ECI, the polling in Bihar will feature a total of 90,712 polling stations, each equipped with facilities tailored to support PwD electors and senior citizens.

“Additionally, in another initiative, 292 Polling Stations will be exclusively managed by Persons with Disabilities,” the poll panel said in its press note.

According to the Commission, all polling stations will be set up on the ground floor or at road-level entry points to eliminate mobility challenges.

Ramps with appropriate gradients will be installed to make movement easier for wheelchair users.

Officials have been instructed to ensure that PwDs and senior citizens receive priority access while entering polling booths, reducing waiting time and ensuring dignity in the voting process.

“To facilitate the Persons with Visual Impairment, the Commission has directed to issue Accessible Voter Information Slips with Braille Features, along with the regular Voter Information Slips (VIS),” it said.

Under Rule 49N of the Conduct of Elections Rules, 1961, visually impaired electors may be accompanied by a companion to help them cast their vote, but the Commission has gone a step further by mandating the availability of Braille-enabled Dummy Ballot Sheets at every polling station.

“Any visually impaired voter can use this sheet to cast his/her vote by themselves using the Braille facility on Ballot Units of EVMs without any help from a companion,” it added.

In addition, a dedicated transport facility will be arranged for PwDs on polling day. Voters can request wheelchair and transport assistance through the Divyang (Saksham) Module available on the ECINET platform.

This digital initiative aims to streamline support services and ensure timely assistance to registered PwD voters.

The Election Commission stated that these reforms underline its commitment to ensuring that every eligible citizen, irrespective of physical ability, can exercise their democratic right with ease, confidence, and respect.

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Crime

Mumbai Airport Customs Arrests Couple For Smuggling Hydroponic Weed Worth Over ₹5 Crore To Sri Lanka

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Mumbai: A couple from Navi Mumbai has been arrested by the Customs Department at Chhatrapati Shivaji Maharaj International Airport (CSMIA) for allegedly smuggling hydroponic weed worth Rs 5.45 crore from Colombo. The accused, identified as Mohammed Saud Siddiqui (29) and his wife Sana Siddiqui (27), were detained by the Air Intelligence Unit (AIU) after a tip-off about a suspicious trolley bag they were carrying.

Officials said that when the couple’s baggage was checked, three airtight packets were found hidden inside. On testing the contents, officers confirmed the packets contained five kilograms of banned hydroponic marijuana, a high-grade variant of cannabis.

However, the couple has claimed innocence, stating they were victims of a scam. While presenting their case in court, the Siddiquis said they had received an offer of a free trip to Colombo through social media.

Believing it to be genuine, they accepted the offer, completed visa formalities, and flew to Sri Lanka. On their return, the person who had arranged the trip gave them a parcel of chocolates to deliver in Mumbai. They alleged they were unaware that the parcel contained drugs.

Their lawyer, Advocate Sunil Tiwari, told the court that the couple had been trapped in a fabricated case and had no knowledge of the contents of the parcel. “An unknown person used social media to lure them with a free holiday and made them unwilling carriers,” he said.

The Customs Department has booked the couple under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. They were produced before a local court on Monday and have been remanded in judicial custody until October 28 while investigations continue.

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