Maharashtra
Shinde Vs Thackeray: Thackeray faction seeks reference to 7-judge bench in SC
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Former Maharashtra Chief Minister Uddhav Thackeray faction on Tuesday asked the Supreme Court to refer the judgement in the Nabam Rebia case to a seven-judge bench of the apex court.
The judgment restricted the power of the Speaker to decide disqualification petitions if a resolution seeking his removal was pending.
Senior advocate Kapil Sibal, appearing for the Thackeray faction, contended before a five-judge bench headed by Chief Justice D.Y. Chandrachud, that the court may refer the Nabam Rebia judgement (2016) to the seven-judge bench, “if we are able to persuade the court to do so”.
However, the bench — also comprising Justices M.R. Shah, Krishna Murari, Hima Kohli, and P.S. Narasimha — said this would be decided by the five-judge bench and arguments can be addressed regarding this. Senior advocate Neeraj Kishan Kaul assisted by advocate Abhikalp Pratap Singh, represented Eknath Shinde’s group, while Solicitor General Tushar Mehta represented the Governor to assist the court on question of law only. Mehta said he would like to submit a note as well.
Sibal said when the matter is taken up, he will be arguing on the reference to the 7-judge bench. The bench asked both sides to prepare a brief note on issues and submit it to the court. After hearing the brief arguments, the top court scheduled the matter for hearing on January 10.
In August this year, a three-judge bench of the apex court had said that a five-judge constitution bench will hear a batch of petitions filed by Maharashtra Chief Minister Eknath Shinde and Uddhav Thackeray factions on queries related to defection, merger and disqualification. A three-judge bench of the apex court, in its reference order, had framed first issue whether notice for removal of a Speaker restricts him from continuing with the disqualification proceedings under Tenth Schedule of the Constitution, as held by this court in Nebam Rabia (by a five-judge bench).
Thackeray suffered a major setback after Eknath Shinde and other MLAs rebelled against him and ousted him as the Maharashtra CM. They also laid claims to the Shiv Sena party and its symbol as well.
The top court restrained the Speaker from proceeding on disqualification petitions against Shinde and other MLAs and subsequently allowed a fresh vote of confidence in the Assembly, after which Thackeray resigned. The apex court, on July 11, asked the newly appointed Maharashtra Assembly Speaker not to go ahead with proceedings on the disqualification petitions.
Education
Mumbai News: Sion School Under Probe For Unauthorised Building, Alleges ‘Selective Scrutiny’, Cites Heritage Structures
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Mumbai: Lady of Good Counsel School in Sion has written to Maharashtra Chief Minister Devendra Fadnavis, alleging ‘selective scrutiny’ after being flagged for operating in an unauthorised building.
The school contends that numerous British-era structures, including prominent institutions such as the Bombay High Court and the BMC headquarters, do not possess Occupation Certificates (OC) simply because the requirement did not exist at the time of their construction.
In its letter, the school has questioned why similar scrutiny is not applied to other heritage buildings across the city. “If the state is genuinely concerned about public safety and compliance, it should adopt a uniform approach rather than targeting individual institutions arbitrarily,” the letter states, calling for consistency in the enforcement of regulations.
Advocate Godfrey Pimenta, who submitted the letter on behalf of the school, emphasised that such long-standing educational institutions should be permitted to operate as long as they adhere to all necessary safety guidelines.
He pointed out that the school undergoes a structural audit every four years and submits a ‘Structural Stability Certificate’ to the Municipal Corporation of Greater Mumbai (MCGM). Additionally, the school also provides a fire safety certificate to demonstrate its compliance with safety standards.
As per Section 353B of the Mumbai Municipal Corporation Act, any building that has completed 30 years of existence is mandated to undergo a structural audit to assess its stability and safety. These audits are a crucial part of ensuring that older buildings remain fit for occupation and do not pose a risk to students and staff.
Meanwhile, Devidas Mahajan, Education Inspector (South), confirmed that an investigation into the matter is currently underway. “At this stage, no conclusive decision has been reached. We will carefully consider the school’s perspective before making any determinations,” he stated.
The Maharashtra state education department had recently ordered an inquiry after receiving a complaint regarding the school’s operation in an unauthorised building. The department has since directed the education section of the MCGM to thoroughly examine the matter and submit a detailed report before any further action is taken.
disaster
Gas Pipeline Burst During Road Excavation In Mahim
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Mumbai: A gas pipeline burst during road excavation in Mia Mohd Chhotani Road on Thursday, causing a fire on the road.
Fire tenders were rushed to the spot. The excavation was being carried out for road repairs.
This is the second incident of a gas pipeline fire in a few days. Previously, a similar incident was reported from Bandra.
Crime
Pune bus rape case: Supriya Sule flags letter of depot chief on anti-social elements
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Mumbai, Feb 27: NCP-SP Lok Sabha member Supriya Sule on Thursday flagged an old letter written by the Swargate bus depot chief in Maharashtra’s Pune to the police regarding the security situation of the depot. A woman was sexually assaulted on a bus at the depot.
She also said Chief Minister Devendra Fadnavis, who is also the home minister, needs to immediately review the law and order situation in Pune and take strict measures regarding women’s safety as well as the safety of bus stations.
Sule’s demand came a day after a 26-year-old was raped inside the bus of the Maharashtra State Road Transport Corporation (MSRTC) at the Swargate bus depot in Pune. Further, Sule, who has termed the incident intriguing, said that the chief minister needs to convene a meeting soon as the Swargate bus depot chief recently wrote to the Pune police administration seeking action against the private agents and other anti-social elements who are harassing the passengers.
In her post on X, Sule, who has attached the letter written by the Swargate bus depot chief to the police, said, “After the incident of sexual assault on a young woman in the premises of the Swargate bus station, serious questions have been raised regarding law and order. The Swargate depot chief has already written to the police administration from time to time that private agents and other anti social elements are harassing the passengers at the bus station and action should be taken against them. But still, it does not appear that the police administration has taken any action. The Swargate bus station is a busy place and the police system needs to be more vigilant there. It if the depot chief writes a letter and it is not taken into account the. It is very regrettable. The state home minister needs to immediately review the law and order situation in Pune and take strict measures regarding women’s safety and the safety of the bus station.”
Further, the Maharashtra Legislative Council deputy chairperson, Neelam Gorhe, who is also the founder of Stree Aadhar Kendra, has asked the police administration and transport department for the establishment of women’s vigilance committees at all bus stations in the state to further increase women’s safety.
Gorhe, who had visited the Swargate bus depot and the bus in which the sexual assault took place, also instructed that the number of security guards at bus depots should be increased and that the depot administration should regularly check CCTV footage, especially during the night.
Meanwhile, Pune police have formed 13 teams to arrest Dattatray Gade, a history sheeter involved in the bus rape incident. The police have also announced an award of Rs one lakh for giving information about Gade, who is still at large.
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