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SC says freebies to influence voters’ serious issue, asks Centre for way to curb it

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The Supreme Court on Tuesday flagged the issue of political parties promising freebies to influence voters as serious, and asked the Central government to examine the matter so as to control promises of freebies to induce the electorate.

A bench, headed by Chief Justice N.V. Ramana asked the Centre, to find out from the Finance Commission, if there is a possibility of curbing state governments and political parties from promising and distributing irrational freebies to induce voters.

Initially, the bench queried Additional Solicitor General K.M. Nataraj to find out Centre’s stand on the issue.

“You take a stand whether freebies should continue or not,” the bench, also comprising Justices Krishna Murari and Hima Kohli, told Nataraj, representing the Central government.

On the other hand, counsel representing the Election Commission submitted that it was held in previous judgments that a manifesto was part of the promises of a political party.

At this, the bench replied: “We are on freebies to bribe the electorate. Now if you say it’s hands off for you, then what is the purpose of the Election Commission of India?”

In April this year, the EC told the Supreme Court that offering freebies either before or after the elections is a policy decision of the political party, and it cannot regulate state policies and decisions taken by the parties.

The EC counsel suggested that the Central government could bring a law to deal with the issue, but Nataraj suggested that it falls under the domain of the EC.

Taking exceptions to Nataraj’s submissions, the bench asked the Central government to take a stand on the matter.

“Why don’t you say that you have nothing to do with it and the ECI has to take a call? I’m asking if the government of India is considering whether it’s a serious issue or not?

“Why are you hesitating to take a stand? You take a stand and then we’ll decide whether these freebies are to be continued or not,” it told Nataraj.

At this juncture, the bench turned to senior advocate Kapil Sibal, who was present in the courtroom for another matter. “Mr. Sibal is here as a senior parliamentarian. What is your view?…. How to control these freebies?”

Sibal said freebies were a “serious issue” and it would be not fair to put the liability on the Central government. He said this issue had to be tackled at the state government level and suggested tapping into the expertise of the Finance Commission.

Citing that the Finance Commission is an independent body, Sibal added that while making allocations to the states, it can examine debts of each individual state and could scrutinise whether offers of freebies are viable, or not.

The bench then told Nataraj: “Please find out from the Finance Commission. Will list this sometime next week… what is the authority to initiate debate…”.

The top court scheduled the matter for further hearing on August 3.

Petitioner advocate Ashwini Kumar Upadhyay termed the issue serious and submitted that EC should bar the state and national political parties from giving such things. “There should be some reasonable promise,” said Upadhyay citing a total debt of Rs 6.5 lakh crore. “We’re on our way to becoming Sri Lanka,” he said.

The top court was hearing a PIL by Upadhyay against the announcements made by political parties for inducing voters, through freebies, during elections.

In an affidavit, the ECI said: “Offering/distribution of any freebies either before or after the election is a policy decision of the party concerned and whether such policies are financially viable or its adverse effect on the economic health of the state is a question that has to be considered and decided by the voters of the state.”

It added: “The Election Commission cannot regulate state policies and decisions which may be taken by the winning party when they form the government. Such an action without enabling provisions in the law, would be an overreach of powers.”

Upadhyay’s PIL claimed that the promise or distribution of irrational freebies from public funds before polls shakes the roots of a free and fair election, and vitiates the purity of the election process. The plea sought a direction from the top court to declare that the promise of irrational freebies, which are not for public purposes, from public funds before election, violates Articles 14, 162, 266(3), and 282 of the Constitution.

The plea contended that a condition should be imposed on the political party that they would not promise or distribute irrational freebies from the public fund. The EC responded that it “may result in a situation where the political parties will lose their recognition even before they display their electoral performance”. The top court had issued notice on the plea on January 25.

National News

BJP’s Pradeep Bhandari slams Cong after Dalit woman MLA attacked in Kerala

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New Delhi, Sep 5: Bharatiya Janata Party (BJP) National Spokesperson Pradeep Bhandari on Saturday lashed out at the Congress, accusing it of being “anti-Scheduled Caste” and “anti-women” after a Dalit woman MLA of the party was allegedly assaulted by Congress’ own workers in Kerala.

Posting a video of the purported incident on his official X account, Bhandari took a jibe at the grand old party, saying: “Congress smashing the patriarchy in Kerala.”

The BJP leader was referring to Lok Sabha Leader of Opposition (LoP) Rahul Gandhi’s ‘Smash the Patriarchy’ remark at his ‘Chhatron ki Goonj’ event in Pune.

“Their own Dalit woman MLA, Remya Haridas, attacked by own Congress workers,” Pradeep Bhandari said.

Accusing the grand old party, the BJP leader also added: “Congress is ‘Anti-SC’, ‘Anti Women’!”

Earlier on Saturday, BJP MP Sudhanshu Trivedi had also targeted Rahul Gandhi’s ‘Smash the Patriarchy’ remark, while referring to the low number of women Ministers in states ruled by the Congress and the removal of a woman Minister (Konda Surekha) from the Telangana Cabinet.

“By shouting ‘Smash Patriarchy, Smash Patriarchy’, they (Congress) are removing women Ministers one by one. On the other hand, highest number of women Ministers in India’s history are serving in Prime Minister Narendra Modi’s government,” Trivedi said during a press conference.

During the ‘Chhatron ki Goonj’ event in Pune on August 22, Rahul Gandhi had called women as the greatest strength of the nation.

“You are this country’s foundation, its future. Patriarchy crushes you, frightens you, controls you. We must work together to dismantle this patriarchy. Smash the patriarchy. My message to you, a simple message: be loud, be proud and fight for your space in society,” the Lok Sabha LoP said.

He asserted that women do not belong to anyone but themselves and urged young women to “break the cage”.

Rahul Gandhi added that while many view the economy or the military as India’s main strength, he believes the nation’s biggest asset lies in the ideas and dreams of its 70 crore women.

He emphasised that women naturally possess higher sensitivity, gentleness, and empathy.

Moreover, the Congress MP had criticised traditional frameworks like Manusmriti for confining women to rigid roles (such as solely being identified as a daughter, wife, or mother), saying: “Women do not belong to any man; you belong only to yourselves.”

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Crime

Nishu Azad case: Delhi court sends Swatantra Bharadwaj to one day police custody

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New Delhi, Sep 5: Self-styled “influencer” Swatantra Bharadwaj, who claimed to have physically assaulted a student protestor’s father during the Cockroach Janta Party (CJP)-led Jantar Mantar demonstration, was sent to one day police custody on Saturday after being arrested by the Delhi Police.

A day earlier, Bharadwaj was detained by Delhi Police in Uttar Pradesh’s Bulandshahr district.

On Friday, Delhi Police had assured to arrest the accused under sections of the POCSO Act, the SC/ST Act and attempt to murder, within 72 hours, following an agitation by the CJP outside the Parliament Street Police Station in New Delhi.

The CJP’s agitation was also joined by Azad Samaj Party chief and MP Chandra Shekhar, Purnea MP Pappu Yadav and Indian Youth Congress.

A controversy erupted after Bharadwaj, in a purported viral video, allegedly claimed to have assaulted the father of a minor protester, Nishu Azad, during the demonstration at Jantar Mantar and boasted that he was let off by the Delhi Police as he has “political connections”.

The agitators had sought the registration of an FIR against Swatantra Bharadwaj, under stringent sections and immediate arrest of the accused.

Meanwhile, Union Minister and LJP-RV chief Chirag Paswan, on Friday, claimed that his name has been “misused” by the accused in the purported viral video.

Paswan said that he has lodged an official complaint against the accused, identified as Swatantra Bharadwaj, and will ensure justice to the minor victim and her family.

“Understanding the seriousness of this matter, and because that person has misused my name along with the names of several politicians, I have filed an official complaint against him. At the same time, I have urged the Delhi Police that there should be a fair investigation into this matter,” he told reporters in Patna.

Moreover, the LJP-RV chief stated: “Me and my party takes the responsibility to ensure justice to them because allegations have been put on me that may be due to my support, along with that of other politicians; action was not taken against the accused. So now we will ensure that the truth comes out and also ensure strict punishment for the accused who was openly mocking the legal system.”

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National News

Does constitutional guarantee of religious freedom no longer apply to Muslims: Owaisi on Saharanpur mosque demolition

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New Delhi, Sep 5: AIMIM President, Asaduddin Owaisi, on Saturday reacted to the demolition of a mosque at the Saharanpur Collectorate, questioning whether the constitutional guarantee of freedom of religion still applies to Muslims. He further said that “you cannot bulldoze our masjid just because you have an itch.”

Owaisi took to his social media ‘X’ and said, “The mosque in the Saharanpur Collectorate was demolished at 5 a.m. this morning. Does the constitutional guarantee of freedom of religion no longer apply to Muslims? Why is it that our places of worship are constantly bulldozed on flimsy grounds.”

“The mosque committee produced records going back to 1911 to establish its existence. Prayers have been offered there continuously for more than a century. This is the very definition of Waqf by User, which is still protected as Waqf under law,” he said in the post.

AIMIM President further said that the Limitation Act does not ordinarily allow the Government an unlimited period to wake up one fine morning and assert possession over immovable property.

He further said that the mosque came first, the collectorate later.

“There was more than a century of open, continuous and public possession? The State cannot pretend that this possession began yesterday, hence the principle of adverse possession would apply even if we concede to the state’s arguments. The mosque came first, the collectorate later,” he said.

Owaisi said that for some people, perhaps the very sight of a mosque causes pain.

“For some people, perhaps the very sight of a masjid causes pain. That is their problem, not ours. Look away if you must. You cannot bulldoze our masjid just because you have an itch. My religious freedom is not dependent on your mercy,” he added.

Meanwhile, the administration on Saturday demolished the mosque located within the Collectorate complex in Saharanpur, Uttar Pradesh, after the Muslim side’s appeal was rejected by the court.

Samajwadi Party MP, Iqra Hasan, was scheduled to travel to Saharanpur on Saturday morning, but she was placed under house arrest before she could leave. A large police contingent has been deployed outside her residence.

The development has further intensified the political debate in western Uttar Pradesh.

Speaking to media, Congress MP Imran Masood said, “Look, it’s not just about the mosque. It’s not just the mosque that has been affected; the law of the country and the Constitution are being violated. You cannot prove that the land belongs to you. Based on the Khasra records, you have claimed that this is government collectorate land. But even today, the collectorate land is recorded in the names of Waheed Khan and Yakub Khan, within whose zamindari the mosque was built. It is still registered in their names.

“The mosque is registered with the Waqf Board, but you did not make the Waqf Board a party. As far as Waqf by User is concerned, I was a member of the JPC, and Waqf by User establishes that it is a mosque. There are bills for it, prayers have been continuously offered there, and all these activities have been taking place.”

He further said, “That mosque has been there for the last 70 to 80 years. You had passed an order, and then the District Court passed its order within just one month. The appeal was heard and rejected. You neither listened to us nor gave us time. It is our fundamental right to raise this issue before a higher court, but you did not give us any time.”

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