Politics
Shiv Sena Case Is Before SC’s 7-Judge Bench Today
A seven-judge Bench of the Supreme Court will today hear the 2022 case of Shiv Sena leader Subhash Desai versus Principal Secretary of the then Maharashtra Governor on whether issuing a notice seeking the removal of the Speaker restrains him from adjudicating disqualification petitions under the Tenth Schedule of the Constitution.
Bench to also hear Nabam Rebia vs Deputy Speaker case
The Bench, led by Chief Justice of India (CJI) DY Chandrachud, will also reconsider its 2016 decision in the Nabam Rebia vs Deputy Speaker case, which will have a significant bearing on the political crisis that led to the ouster of then Chief Minister Uddhav Thackeray. The case pertains to the political crisis that began in June 2022, when current Chief Minister Eknath S. Shinde and a large number of MLAs from the Shiv Sena rebelled against then Chief Minister Uddhav Thackeray in the Maharashtra Vidhan Sabha, leading to the collapse of the Maha Vikas Aghadi (MVA) government, comprising the Shiv Sena, the Nationalist Congress Party and the Indian National Congress.
Subhash Desai, the then general secretary of the Thackeray-led Shiv Sena, filed a petition challenging the governors invitation to Shinde to form the government.
On August 23, 2022, a three-judge bench of the Supreme Court comprising then CJI NV Ramana and Justices Krishna Murari and Hima Kohli observed that the matter raised important constitutional questions on the interpretation of the Tenth Schedule of the Constitution (Anti-Defection law) and referred it to a five-judge bench.
10 questions on power of speaker
The bench formulated ten questions in the reference order pertaining to the power of the Speaker or the Deputy Speaker to initiate disqualification proceedings while proceedings on their removal are pending. It also referred to the five-judge Constitution Bench ruling in the Nabam Rebia vs Deputy Speaker (2016) case, wherein it was held that the Speaker of a House cannot decide a disqualification petition filed under the antidefection law while a notice under Article 179(c) for his removal is pending.
However, on May 11, 2023, a five judge bench comprising CJI Chandrachud and Justices Hima Kohli, MR Shah, Krishna Murari, and PS Narasimha unanimously decided to refer the Nabam Rebia ruling to a seven-judge bench. The bench, which held that a substantial question of law remains to be settled, also took into account the conflict between the Nabam Rebia judgment and another five judge bench ruling in Kihoto Hollohan v. Zachillhu & Ors (1992) with regard to the scope of judicial interference in disqualification proceedings against a Speaker at an interlocutory stage.
Crime
Parbhani custodial death: Prakash Ambedkar demands solatium, survey of victims of police brutality
Mumbai, Dec 28: Adopting a tough stance, the Vanchit Bahujan Aghadi (VBA) called upon Chief Minister Devendra Fadnavis to order a survey of victims of police brutality in the wake of the recent death of a Dalit man in judicial custody, here on Saturday.
VBA President Prakash Ambedkar met Fadnavis and submitted a memorandum of demands pertaining to the ‘foul death’ of the Dalit law student, Somnath Vyankat Suryawandi, 35, on December 15, and other issues.
Ambedkar claimed that the CM has agreed to survey and provide a list of the victims of police high-handedness in Parbhani and ensure that they are adequately compensated.
The VBA head has urged the CM to file an FIR against the police officers who allegedly brutalised Suryawanshi and other innocent victims while probing the Parbhani incidents, ordered a ‘lathi-charge’ without clearance from the seniors, plus compensation for those Dalits whose homes have been demolished, and probe by a retired district or high court judge.
The VBA chief further asked the government to hike the compensation amount of Rs 10 lakh to Rs 1 crore for Suryawanshi’s next of kin, plus ensure a government job to a member of his immediate family.
In view of the upcoming seventh anniversary of the infamous Koregaon-Bhima caste riots of January 1, 2018, the VBA chief urged the CM to direct the police to monitor all misinformation against the Dalits and thwart any kind of violence anywhere on New Year’s Day.
The CM has also agreed to VBA’s demand to carry out a survey and cancel the Direct Benefit Transfer (DBT) scheme for tribal students and revert back to the old system, said Ambedkar.
It may be recalled that Suryawanshi was arrested (December 12) after the defiling of a statue of Dr B. R. Ambedkar near the Parbhani Railway Station (December 10), followed by massive violence on December 11.
However, barely 72 hours later on December 15, Suryawanshi was found dead in judicial custody, setting loose a political storm that continues to rage.
Leader of the Opposition in Lok Sabha Rahul Gandhi and other top Maha Vikas Aghadi (MVA) leaders went to meet the Suryawanshi family.
After consoling the family (December 23), Rahul Gandhi launched an unprecedented direct attack on the MahaYuti government contending that Suryawanshi was ‘murdered’ as he was a Dalit and attempting to safeguard the Constitution, plus accused that the CM had ‘lied’ before the legislature.
Opposition leaders who called on the Suryawanshi family include Nationalist Congress Party (SP) President Sharad Pawar, besides representatives of Shiv Sena (UBT), VBA, Maharashtra Navnirman Sena and others.
National News
BJP wants to halt Delhi welfare schemes, alleges Kejriwal
New Delhi, Dec 28: Aam Aadmi Party (AAP) chief Arvind Kejriwal, on Saturday, accused the Bharatiya Janata Party (BJP) of attempting to derail key welfare schemes introduced by the Delhi government. These include monthly financial assistance of Rs 2,100 for women and free healthcare for senior citizens.
Addressing a press conference, he claimed that investigations have been initiated against these schemes under BJP’s directives to obstruct their implementation.
Kejriwal questioned the rationale behind the investigations, asserting that these initiatives were part of AAP’s poll promises. “What is there to investigate? These are our commitments to the people, which BJP now wants to halt under the guise of inquiries,” he stated.
He alleged that BJP, in collaboration with Congress, is working to undermine AAP’s governance. “When BJP lacked the courage, they used Congress leader Sandeep Dikshit to lodge complaints with the Lieutenant Governor,” Kejriwal said.
He assured the people of Delhi that he would ensure the continuation of these schemes, urging residents to register for the benefits.
The Delhi government had recently launched two major welfare initiatives – Rs 2,100 per month for women under the Mahila Samman Yojana and free healthcare for the elderly under the Sanjeevani Yojana. Kejriwal said there is an overwhelming response for these schemes, with lakhs of people registering in a short span of time, which he said had left the BJP “frustrated.”
According to Kejriwal, the BJP’s primary agenda in Delhi is to block the implementation of these welfare measures. “If you vote for BJP, they will stop benefits like free bus travel for women, free electricity, and water,” he warned.
He also alleged that BJP would prevent the rollout of the Sanjeevani Yojana, depriving the elderly of free medical care.
Kejriwal said that a lot of people living in Delhi, particularly from the low-income group, are sustaining on these welfare facilities, including free electricity, water, quality schools, and healthcare. “If BJP comes to power, these essential services will be withdrawn, forcing many poor families to leave the city,” he cautioned.
Recalling previous challenges in implementing initiatives like free bus travel and the construction of quality government schools, Kejriwal said his government overcame all obstacles. “We fought for free electricity, water, and education, and we will fight to implement these new schemes as well,” he declared.
Crime
Anna University Sexual Assault Case: NCW Forms Fact-Finding Committee To Probe The Matter
Chennai: The National Commission for Women (NCW) on Saturday formed a fact-finding committee to probe the alleged sexual assault of a 19-year-old student at Chennai’s Anna University. The committee was constituted on the directions of NCW chairperson Vijaya Rahatkar.
The fact-finding committee will comprise Mamta Kumari and former Maharashtra DGP Praveen Dixit, reported News 18. The NCW panel will meet authorities, the survivor and her family. The committee members are likely to visit Chennai on Monday, December 30.
Meanwhile, the Madras high court on Saturday ordered a Special Investigation Team (SIT) probe into the incident. The bench of justices SM Subramaniam and V Lakshminarayan also directed the Tamil Nadu government to pay an interim compensation of ₹Rs 25 lakh to the survivor for the serious lapse on the part of the police in revealing her details in the first information report (FIR), reported Bar and Bench.
Notably, the FIR was reportedly published on the website of the state police. The court also asked the police to provide protection to the survivor and her family. The girl is a student of an engineering college.
The incident took place on Monday, December 23 when the girl was sitting with her male friend. The accused was identified as 37-year-old Gnanasekaran. He is a resident of the Kottur area near the college and is reportedly a biryani vendor. He was arrested on December 25. The accused also filmed the case and threatened her.
The girl’s male friend was allegedly thrashed by the accused.
Opposition parties in the state – Bharatiya Janata Party (BJP) and the AIADMK – hit out at the ruling DMK party over the incident. The saffron party alleged that the accused was an officer-bearer of the DMK. As per the police, Gnanasekaran is a “history-sheeter”.
Tamil Nadu’s Higher Education Minister Govi Chezhian slammed the Opposition for staging protests against the state government. He alleged that opposition parties were politicising the incident. Chezhian asked female students to ‘Kaaval Uthavi’ app so that they contact the police immediately when in need.
Hitting out at Opposition parties for targeting the DMK government over the incident, case, the minister said, “Those who want to politicise this incident in which an individual student was victimised should note that in the Pollachi sexual assault incident during the previous regime, the victims were afraid to even file a complaint with the police due to pressure from the then ruling government,” the minister said in his X post.
He also assured that the culprits would be brought to justice very soon.
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