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SC judge, part of judgments upholding PMLA provisions, decriminalising gay sex, retires

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Supreme Court judge, Justice A.M. Khanwilkar — who has been part of several crucial judgments including the Aadhaar case, most recently the one upholding several provisions of Prevention of Money Laundering Act, and also the one where the court upheld SIT’s clean chit to then Gujarat Chief Minister Narendra Modi and 63 others in the 2002 riots — retired on Friday.

Justice Khanwilkar, who was sitting with Chief Justice N.V. Ramana and two other judges on the ceremonial bench, said: “As parting words I will only say thank you to all for the love and affection. Thank you so much. God bless you.”

Supreme Court Bar Association (SCBA) President Vikas Singh said Justice Khanwilkar is known as a “workaholic” and added: “It is always difficult for us when a judge retires… He has been there as a colleague of ours. As members of this Bar, we used to share our chambers in the same corridor in the Supreme Court.”

Singh said the age of 65 years is very young for a Supreme Court judge to retire.

Solicitor General Tushar Mehta, who is down with Covid, appeared virtually, said the Attorney General is also down with Covid-19, otherwise he would have expressed his views on Justice Khanwilkar.

Mehta said: “We will miss the smile on his face. Everyone will agree with me that even while dismissing a petition, he would do this with a smile on his face… never left the courtroom with bitterness.”

Senior advocate Harish Salve, who was appearing virtually, said: “It has been an honour and pleasure of knowing Justice Khanwilkar for almost four decades as a colleague… I would say only one thing, that please treat it as the beginning of a second inning and not a retirement.”

Justice Khanwilkar, authored the verdict upholding the Enforcement Directorate’s powers to arrest, attachment of property, search and seize under the Prevention of Money Laundering Act.

He was also part of a constitution bench which declared that the central government’s flagship Aadhaar scheme is constitutionally valid but struck down some of its provisions — linking it to bank accounts, mobile phones, and school admissions.

He was part of the bench, which, in 2018, held Section 377 of the Indian Penal Code (IPC) , which criminalised consensual gay sex, as “irrational, indefensible and manifestly arbitrary”.

The bench struck down part of the British-era law that criminalised consensual sex on the ground that it violated the constitutional right to equality and dignity.

Recently, a bench headed by Justice Khanwilkar upheld the SIT’s clean chit to Modi and 63 others in the 2002 Gujarat riots. The top court said the SIT investigation into 2002 Gujarat riots revealed that no material was discovered pointing to a meeting of minds in the higher echelons, or the political establishment conspired with other persons to cause riots or turned a Nelson’s eye when the riots were raging.

In a judgment on petitions challenging provisions of the FCRA Amendment Act in April this year, a bench headed by Justice Khanwilkar said that receiving foreign donations cannot be an absolute or even a vested right, and free and uncontrolled flow of foreign contributions has the potential of impacting the sovereignty and integrity of the nation.

Justice Khanwilkar was also part of the five-judge constitution bench, which paved the way for entry of women of all ages into the Ayyappa temple at Sabarimala in Kerala. He was also part of a constitution bench which ruled adultery is no longer a crime in India.

Justice Khanwilkar was elevated as an apex court judge in May 2016. He was born on July 30, 1957 in Pune, and did LLB from a law college in Mumbai. He was appointed the Chief Justice of the High Court of Himachal Pradesh on April 4, 2013, and later the Chief Justice of Madhya Pradesh High Court on November 24, 2013.

Crime

16 Bangladeshis, including 7 minors, apprehended in East Delhi

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New Delhi, June 2: In a drive against Bangladeshis illegally living in Delhi, the city police rounded up 16 persons, including seven children, from the Seemapuri area, an official said on Monday.

Deputy Commissioner of Police (Shahdara), Prashant Gautam, said the apprehended Bangladeshi nationals revealed that they had crossed into India approximately 18-19 years ago under the cover of darkness.

“They illegally entered India due to extreme poverty and a lack of livelihood opportunities in their native villages, located 40-50 km from the India-Bangladesh border in West Bengal,” he said.

The DCP said the arrests were made by a joint team of the Foreigner Cell and special staff of Shahdara after receiving a tip-off last month.

Those arrested include four men and five women, he said, adding that after entering India they initially stayed in the Cooch Behar area.

DCP Gautam said that from there, they travelled by train to New Delhi in search of better employment opportunities.

“Eventually, they moved to Haryana and began working in the rural areas, particularly at brick kilns, where they were involved in brickmaking,” he said.

These kilns are located away from main villages and residential areas, which allowed them to live in hiding without attracting attention, he said.

“No government agency had conducted any verification or background checks on them during this time. The brick kiln owners, driven by the motive of engaging low-cost labour, employed them without documentation,” he said.

Over time, they settled in the area, raised families, and continued to live and work without legal status or scrutiny, he said.

DCP Gautam said that on May 30, the Foreigner Cell of the Shahdara District received information regarding the presence of illegal Bangladeshi nationals attempting to enter the Seemapuri area.

“The tip-off indicated that a group of individuals was moving across the Uttar Pradesh-Delhi border near Shaheed Nagar,” he said.

The arrests were made by a joint team of Foreigner Cell and Special Staff comprising SI Shaji John, ASI Gajender, ASI Johar, ASI Nazir, Head Constable Arun, Head Constable Siddharth, Head Constable Yoginder, Head Constable Amit, Head Constable Vijay, Head Constable Anuj, Woman Head Constable Geeta, Woman Head Constable Manju, Woman Head Constable Renu and Constable Aman led by Inspector Munish Kumar I/C Special Staff & Foreigner Cell under the supervision of Gurudev Singh, ACP/Operations.

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SC refuses to stay demolitions in Delhi’s Batla House, next hearing in July

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New Delhi, June 2: The Supreme Court on Monday did not pass any interim orders on staying the proposed demolitions in the national capital’s Batla House.

A Bench of Justices Sanjay Karol and Satish Chandra Sharma told the residents, who had received 15-day eviction notices and apprehended imminent demolition, that they are free to avail remedies available under the law.

The Justice Karol-led Bench directed that the matter be listed before the regular Bench for hearing in July.

The litigants claimed that they were “genuine residents” and “property owners” of Khasra Nos. 271 and 279 in Batla House. They stated that their homes fall within the area now sought to be demolished on the purported ground of being outside the PM-UDAY Scheme coverage, despite having valid title documents, proof of continuous possession since before 2014, and eligibility under the Recognition of Property Rights Act, 2019.

Any blanket demolition drive initiated without affording affected residents an adequate and meaningful opportunity of being heard would amount to a gross infraction of the principles of natural justice and a direct violation of fundamental rights enshrined under the Constitution of India, said the plea filed through advocate Adeel Ahmed.

Underscoring the need for a fair, humane, and judicious approach before any coercive action is undertaken, the plea stated that applicants have been residing peacefully in the area in question for several decades, forming a stable and law-abiding community.

It added that the 15-day eviction notices were mechanically applied to residents and properties which are neither part of Khasra No. 271 nor identified in any report as being outside the scope of regularisation.

In spite of their legitimate claims, these residents have been denied an opportunity to be heard, and are now at imminent risk of displacement, said the application filed before the top court.

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Maharashtra: Major scam in twin tunnel and elevated road projects, allege Shiv Sena-UBT and Congress

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Mumbai, May 31: The opposition Shiv Sena-UBT and Congress in Maharashtra have claimed that there is a major scam in the Thane-Godbunder-Bhayander twin tunnel and elevated road projects estimated together at Rs 14,000 crore.

“Will Deputy Chief Minister Eknath Shinde be removed from the government and an investigation conducted into this scam?” SS-UBT leader Aaditya Thackeray said at a press conference while criticising the state government after the Mumbai Metropolitan Region Development Authority (MMRDA) told the Supreme Court during a hearing on a petition filed by the infrastructure major L&T that both the tenders would be scrapped, and a fresh tender process would be initiated only to safeguard larger public interest.

“I congratulate the court… I also congratulate the contractor L&T. No political interference is needed. I had brought this news to the fore last year also,” Aaditya Thackeray said on Saturday.

“The cost of the twin projects was expected to be Rs 14,000 crore and, on the other hand, the contract process was to be completed in 20 days. There is a short tender notice for landslides, broken walls. But how can there be a short notice for this big project? When they (L&T) went to court, MMRDA said that they are giving a contract period of 60 days instead of 20 days,” he claimed.

“It all started for a favourite contractor. At that time, I didn’t think it would be such a big scam. There was a settlement against the government for a contract. But today’s (court) case has given me confidence that ‘Satyamev Jayate’ will prevail. It was clear that this was a scam. Just because the contract was canceled later on the orders of the court doesn’t mean it wasn’t a scam.

“The ED and IT-D are being pushed aside. I ask the Chief Minister – are you going to investigate the ‘corrupt Nath’ Shinde? He must have taken bribes, given threats. Fadnavis says we need clean governance. Shinde holds the urban development department… he gives orders to commit scams. Will you investigate him? Are you going to expel him?” Aaditya Thackeray questioned.

He claimed that Fadnavis does not need Shinde as Ajit Pawar is with him. “So will the probe be conducted by keeping aside Shinde?” he wondered.

On the other hand, Maharashtra Pradesh Congress Committee president Harshwardhan Sapkal claimed that there was corruption of Rs 3,000 crore in the Thane-Godbunder-Bhayander twin tunnel and elevated road projects. He also accused CM Devendra Fadnavis and his deputy Eknath Shinde of taking bribes in these projects.

“The matter does not end with the cancellation of the tender by MMRDA as the issue is about corruption. Devendra Fadnavis and Eknath Shinde have created a corridor of corruption in the state and there is a circle of state undertakings including MMRDA, MHADA (Maharashtra Housing and Area Development Authority), CIDCO (City and Industrial Development Corporation) and SRA (Slum Rehabilitation Authority) for this purpose. This circle of corruption has been quite active since Eknath Shinde became the Chief Minister. For this, favourite officers are appointed and through this, the favourite contractor scheme is implemented,” alleged Sapkal.

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