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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.

National News

Ugly Fight Breaks Out Between 2 Groups Of Women As They Hit Each Other With Sticks Over Playing Music In UP’s Baghpat

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A dispute over a seemingly trivial matter escalated into a chaotic clash between two groups of women in Uttar Pradesh’s Doghat on Thursday. 

As per reports, the altercation began over playing music but tensions in the area quickly intensified when two groups of women started thrashing each other with sticks and other objects. 

A video of the incident, which has gone viral on social media, shows around eight to ten women involved in a fierce brawl on a busy street. Bystanders can be seen watching in shock, with some attempting to intervene but retreating due to the intensity of the fight.

Several women were injured in the confrontation, and the footage has sparked outrage on social media. 

Reports suggest that local residents eventually managed to de-escalate the situation, but not before multiple women sustained injuries. 

Doghat police have initiated an investigation based on the video. As per reports, they are currently examining the video footage, and appropriate action will be taken following the investigation.

UP: Two burnt alive in truck collision in Fatehpur

Meanwhile, in a separate incident, a truck driver and his helper were burnt alive when two trucks collided and caught fire in the Hussainganj area of Uttar Pradesh’s Fatehpur district, police said on Thursday.

The incident occurred around midnight on Wednesday on the Fatehpur-Lucknow road, Additional SP Vijay Shankar Mishra said.

Vinay Shukla (35), the driver of one of the trucks, and his helper, Ramraj Yadav (23), were burnt alive in the blaze. The occupants of the other truck managed to jump out before the fire spread, Mishra added.

Both victims were residents of Kherwa village in the Shivratanganj police station area of Amethi district. Their bodies have been sent for postmortem, Mishra said.

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National News

J&K Assembly: Scuffle Breaks Out After Engineer Rashid’s Brother Shows Article 370 Banner In House

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J&K Assembly: Scuffle Breaks Out After Engineer Rashid's Brother Shows Article 370 Banner In House

Srinagar: The proceedings of the Jammu and Kashmir Assembly were disrupted after a scuffle broke out in the House between National Conference and BJP MLAs.

According to reports, the House proceedings were briefly adjourned after Engineer Rashid’s brother, MLA Khurshid Ahmad Sheikh, displayed a banner about Article 370, which led to objections from BJP MLA Sunil Sharma.

Irfan Hafeez Lone displayed a banner on the restoration of Article 370 in the J&K Assembly. After a scuffle between Lone and BJP members, the House proceedings were adjourned for 15 minutes. BJP raised concerns over security, questioning how such actions were allowed.

Leader of the Opposition, Sunil Sharma, stated that under special status, some had built their own “palaces” and even cemeteries. This provoked anger from National Conference (NC) leaders. BJP members began chanting slogans in the House, while NC leaders also responded with their own slogans. The visuals of the incident have surfaced on the internet.

In the viral video, the lawmakers can be seen pushing each other on the floor of the house.

After the House resumed following the scuffle, several opposition MLAs causing disruption were physically removed by marshals and evicted from the Assembly.

Meanwhile, PDP moves a fresh resolution in the Jammu and Kashmir Assembly seeking the restoration of Articles 370 and 35A. The BJP opposed the resolution demanding its withdrawal.

Amid uproar, the Jammu and Kashmir assembly has been adjourned till Friday. The UT assembly on Wednesday passed a resolution seeking a dialogue for “restoration of special status and constitutional guarantees” to the Jammu and Kashmir. The resolution was supported by all parties except the BJP.

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National News

J&K: One Terrorist Killed During Encounter In Bandipora’s Kaitsan, Operation Underway

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Bandipora (Jammu and Kashmir): Security forces have eliminated one terrorist in the ongoing Operation Kaitsan in Bandipora, the Army officials said on Wednesday.

According to Army officials, further operation is in progress.

“OP Kaitsan, Bandipora. One terrorist has been eliminated by the security forces in the ongoing Operation. Operation is in progress,” Indian Army’s Chinar Corps said on X.

Earlier on Tuesday, a joint operation was launched by the Indian Army, Jammu & Kashmir Police, and CRPF in the general area of Chuntawadi Kaitsan, Bandipora after an encounter broke out between Security Forces and terrorists.

“Based on specific intelligence input regarding the presence of terrorists in the general area of Kaitsan forest, a joint operation was launched by the Indian Army, Jammu & Kashmir Police, and CRPF in the general area of Chuntawadi Kaitsan, Bandipora. Contact was established and a firefight ensued. Operation is in progress,” Chinar Corps, Indian Army said on X.

One Terrorist Associate Apprehended

In another development on Tuesday, Jammu and Kashmir police along with 22RR and 92 BN of the Central Reserve Police Force (CRPF) apprehended one terrorist associate identified as Ashiq Hussain Wani who is a resident of Tujar Shareef in J-K’s Sopore, said police.

On November 3, twelve people, including one woman, were injured in a grenade attack at the Tourist Reception Centre (TRC) and weekly market in Jammu and Kashmir’s Srinagar on Sunday, police said.

On November 2, two terrorists were killed by security forces during an encounter in Jammu and Kashmir’s Anantnag district. The encounter broke out after security forces initiated an anti-terrorist operation in the Halkan Gali area.

On October 29, the security forces neutralised three terrorists in a high-stakes encounter in Akhnoor, Jammu, and Kashmir, following an attack on an Army convoy.

On October 20, a doctor and six construction workers were killed when terrorists attacked a tunnel construction site on the Srinagar-Leh national highway in the Ganderbal district.

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