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Shiv Sena Case Is Before SC’s 7-Judge Bench Today

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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 governor’s 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.

Maharashtra

Mumbai: A person committing online cyber fraud using mobile SIM cards and various bank accounts was arrested from Goa, a major operation by the Mumbai Crime Branch.

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Following its crackdown on cyber fraudsters, the Mumbai Crime Branch has claimed the arrest of seven additional suspects from Goa. Three individuals had previously been arrested in connection with the same case; this latest action follows progress made during the investigation. On September 11, acting on confidential information, Unit 5 of the Mumbai Crime Branch initiated proceedings against three individuals for cyber fraud, registering a case under Sections 318(4), 61, 45, and 3(5) of the Bharatiya Nyaya Sanhita (BNS) and Section 66(D) of the Information Technology Act, 2000. Subsequent developments led Unit 5 to take further action. The accused—along with their associates—would open bank accounts in their own names and the names of others, while also purchasing SIM cards in various names to link to these accounts. After opening the accounts, they retained direct possession and control of the passbooks, ATM cards, chequebooks, SIM cards, and other linked credentials, utilizing the accounts to commit cyber fraud. Items seized from them included 88 passbooks, 143 chequebooks, 100 ATM cards, 24 mobile phones, 167 SIM cards, and two laptops. Further investigation, utilizing technical analysis and AI, led to the arrest of seven more suspects on September 13; they were apprehended at a villa in a Goa resort where they had been operating the cyber fraud racket. The following items were recovered from them: 1) 59 mobile phones from various companies, 2) a total of 19 SIM cards from various companies, 3) 9 laptops, 4) 51 ATM cards, 5) 12 passbooks, and other materials. It has been revealed that the accused developed and utilized their own application to transfer funds obtained through financial fraud.
The court has granted police custody remand for the accused until September 24.
This successful operation was carried out by Mumbai Police Commissioner Deven Bharti, Joint Commissioner of Police (Crime) Anil Kumbhare, Additional Commissioner (Crime) Krishnakant Upadhyay, and DCP Raj Tilak Roshan.

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Crime

Delhi: Murder case solved within 16 hours, husband arrested for killing wife

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New Delhi, Sep 16: Delhi Police on Wednesday have claimed to have solved a murder case within 16 hours with the arrest of a 24-year-old man for allegedly killing his wife following an altercation arising out of strained marital relations and frequent quarrels.

According to police, the case was registered at Anand Parbat police station under Section 103(1) of the Bharatiya Nyaya Sanhita (BNS).

On September 14, police received information regarding a suspected murder at Punjabi Basti in Baljeet Nagar, Anand Parbat. The police reached the spot, where a 32-year-old woman was found dead inside a room.

During the preliminary inquiry, police learned that the deceased was living in the room with her husband, two minor daughters and her mother.

The deceased’s elder daughter, aged around 10, told police that she woke up at around 3:45-4 a.m. and saw her father near her mother, checking her breathing. She said her father then left the house. After some time, she noticed that her mother was not responding.

On examining the body, police found no apparent external injuries, except nail-like marks on the left side of the neck. The Crime Team and Forensic Science Laboratory (FSL) team inspected the crime scene and documented it through photographs.

The woman was shifted to Lady Hardinge Medical College (LHMC) Hospital, where she was declared brought dead. Her body was preserved for postmortem examination.

Police said the circumstances of the incident and the statement of the minor daughter raised suspicion about the involvement of the deceased’s husband. Accordingly, FIR No. 517/2026 was registered on September 15 and an investigation was launched.

The postmortem examination was conducted at the LHMC mortuary, following which the body was handed over to the family members.

Considering the gravity of the offence and the possibility of the accused escaping, the police team launched a search operation.

Through technical investigation, corroboration of available information and local intelligence, the team traced and apprehended the accused, identified as Chandrapal Bhati, a resident of Wair in Bulandshahr, Uttar Pradesh, within 16 hours of the incident.

During interrogation, the accused allegedly disclosed his involvement in the crime. Police said he stated that he and his wife frequently quarrelled and that their marital relationship had remained strained.

The accused allegedly further disclosed that he strangled his wife to death following an altercation arising from their strained marital relations and frequent quarrels.

Police said no previous involvement of the accused has come to notice so far.

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Business

8th Pay Commission begins discussions in Chandigarh

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New Delhi, Sep 16: The eighth Central Pay Commission is set to begin a three-day visit to Chandigarh on Wednesday, as part of its consultations on pay and pension-related matters.

The commission will hold meetings with civil service unions, pensioner groups and representatives of the regional administration till Friday.

The discussions are expected to focus on pay conditions and submissions from public sector stakeholders in northern India.

The eighth Central Pay Commission is led by former Supreme Court Justice Ranjana Prakash Desai while its members include Pankaj Jain, a former IAS officer serving as Member-Secretary, and Pulak Ghosh, a tenured Professor of Finance and a member of the Economic Advisory Council to the Prime Minister.

Representatives from Punjab, Haryana, Himachal Pradesh and Chandigarh are expected to submit their views on the pay and pension revision during the commission’s meetings.

Employee associations, pensioner groups and other stakeholder bodies, including those representing railway and defence personnel, will put forward their views before the panel.

The feedback gathered during these consultations will form part of the inputs considered while framing its recommendations.

The commission’s work could have a bearing on the financial interests of more than one crore employees and pensioners.

The affected population includes around 50 lakh Central government employees and about 65 lakh pensioners, covering defence and railway personnel as well as retirees.

Employee representatives are seeking a higher fitment factor, which would raise the base used to calculate salaries under the next pay revision.

Unions are also calling for changes to the Dearness Allowance (DA) framework, including more frequent revisions and a possible merger with basic pay after a specified threshold is reached.

Several submissions seek a review of house rent allowance (HRA), transport allowances and hardship-related payments, with demands for higher rates that take account rising costs in cities and difficult postings.

Pensioner organisations are seeking stronger safeguards for retirement income, enhanced family pension provisions and better healthcare support after retirement.

Employee bodies are also raising concerns over promotion structures, service conditions and the competitiveness of government compensation as part of efforts to sustain workforce morale and recruitment.

Under the timeline set out in its Terms of Reference, the commission has 18 months from its constitution on November 3, 2025, to submit its recommendations.

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