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Supreme Court puts sedition law on hold, no new FIRs to be lodged till review is complete

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The Supreme Court on Wednesday urged the Centre and state governments to refrain from registering any FIRs invoking sedition provision, Section 124A of the Indian Penal Code, till review of the law by the Centre is complete.

A bench headed by Chief Justice N.V. Ramana and comprising Justices Surya Kant and Hima Kohli said till the review of the sedition provision by the Centre is complete, the governments should not use the sedition provision.

In an interim order, the bench said no new FIRs should be lodged under the sedition provision and those already in jail can approach courts for relief.

The Centre proposed issuing an advisory to the state governments that only a police officer of the rank of Superintendent of Police (SP) — who may record in writing the reasons for a case involving sedition provision (Section 124A of the Indian Penal Code) — as it cannot prevent police from registering a cognizable offence under sedition provision.

Solicitor General Tushar Mehta, representing the Centre, submitted that the government proposes that a police officer of the level of SP or above should decide, for now, on whether a sedition charge should be filed in future FIRs. He added that as the government reviews the sedition law, pending sedition cases can be reviewed, and the courts can decide on the bail application of those under Section 124A IPC, expeditiously.

Senior advocate Kapil Sibal, representing one of the petitioners, contended that Section 124A has become prima facie unconstitutional and the apex court must stay application of the sedition provision, till the Centre reviews the provision.

Mehta submitted that as far as pending cases are concerned, gravity of each case is not known, maybe there is a terror angle, and also the pending cases are before judicial forum. “We need to trust the courts,” he added.

Justice Kant told Sibal, “What is this argument…Can it be struck down today?” The bench added that it is looking for an answer who can be an impartial authority, in the view of Centre’s proposal, and asked Sibal what an arrangement in the interregnum can be done.

On Tuesday, the top court had sought the Centre’s response on pending and future cases registered under the sedition law.

The Ministry of Home Affairs in its affidavit said the Prime Minister of India has been cognizant of various views expressed on the subject and has also periodically, in various forums, expressed his clear and unequivocal views in favour of protection of civil liberties, respect for human rights and giving to the constitutionally cherished freedoms to the people of the country.

The home ministry added that the Prime Minister has repeatedly said that one of India’s strengths is the diverse thought streams that beautifully flourish in the country. The ministry said the Prime Minister believes that at a time when the nation is marking Azadi Ka Amrit Mahotsav (75 years of Independence), as a nation it is essential to work harder to shed colonial baggage that passed its utility, which includes outdated colonial laws and practices.

“The Government of India, being fully cognizant of various views being expressed on the subject of sedition and also having considered the concerns of civil liberties and human rights, while committed to maintain and protect the sovereignty and integrity of this nation, has decided to re-examine and re-consider the provisions of Section 124A of the Indian Penal Code, which can only be done before the competent forum,” said the affidavit.

Mumbai Press Exclusive News

Providing basic amenities to Mumbai is our priority, Samajwadi Party’s election manifesto released, Abu Asim Azmi claims to solve urban problems

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Mumbai: The Samajwadi Party released its election manifesto for the Mumbai Municipal Corporation (BMC) elections at a press conference today. The party’s Maharashtra president Abu Asim Azmi presented this manifesto keeping in mind the basic problems of the people of Mumbai. Abu Asim Azmi has also promised free water supply along with basic amenities in the election manifesto. It has been promised to provide 700 liters of clean and free drinking water to every family in Mumbai daily. To raise the standard of education, it has been decided to improve the quality of municipal schools and provide scholarships and free facilities to needy students for higher education. It has also been declared necessary to arrange modern medical facilities, neighborhood clinics and free medicines in every ward of Mumbai in the medical department and health department. In addition, efforts have been made for equal employment opportunities. Creating new employment opportunities for the youth and making special projects to eliminate unemployment are also part of the election manifesto. Providing better facilities for the residents of slums, pucca houses and pothole-free roads in the city, bringing transparency in the functioning of BMC and eliminating corruption are also the main components of the election manifesto. Addressing the press conference, Abu Asim Azmi said that the Samajwadi Party is committed to the development of Mumbai and to providing its people with their fundamental rights. Our aim is not just to make promises but to make Mumbai a better and prosperous city.

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Mumbai Press Exclusive News

Mobile phones banned at Mumbai BMC election polling centre

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Preparations for the Mumbai Municipal Corporation (BMC) elections are in the final stages. On the instructions of the Election Commission, Mumbai Police has banned mobile phones at polling stations and the use of mobile phones is prohibited within a radius of 100 meters. The code of conduct will be applied at polling stations. There will be a complete ban on the use of mobile phones and wireless within 100 meters. In addition, advertising campaigns and advertising of election symbols are also prohibited. Candidates cannot attract voters at polling stations. If anyone is found involved in this process, action will be taken against them. This order has been issued by Mumbai DCP Operation Akbar Pathan on the instructions of Mumbai Police Commissioner Devin Bharti.

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Mumbai Press Exclusive News

Local body elections deal a blow to Ajit Pawar, alliance leader withdraws from election process

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Amidst the Mumbai election frenzy, Ajit Pawar has suffered a big setback. Ajit Pawar’s electoral math has failed in Pimpri Chinchwad and Pune. Therefore, the question is being raised as to what will actually happen now. Top leaders of Ajit Pawar’s group have left the alliance. The atmosphere in the state has become heated due to the local body elections. As the voting date approaches, the campaign is now in full swing. Big leaders of the state are holding meetings across the state. A good crowd of people is seen in the meetings of these leaders. All the parties in the state are struggling hard to win important municipal corporations like Mumbai, Thane, Nashik. Both the municipal corporations of Pune and Pimpri Chinchwad are equally important and the deputy chief minister of the state, Ajit Pawar, has come with great strength. But now Ajit Pawar has suffered the biggest setback. Dada has suffered this severe setback when the campaign has reached its peak. Therefore, the electoral math is about to change in Pune and Pimpri-Chinchwad. Ajit Pawar had allied with the RPI (Kharat) group to woo Dalit voters. But now Ajit Pawar has been given a big shock by RPI (Kharat Group) party chief Sachin Kharat. Sachin Kharat has suddenly withdrawn from the local body elections. He has also announced that he will not support any candidate. Ajit Pawar had given Kharat some seats for Dalit voters in Pune and Pimpri-Chinchwad. But now Kharat himself has withdrawn from the elections, which has created a big dilemma for Ajit. Sachin Kharat has announced his stand through a video. Kharat has said in this video that “I have not got any seat with dignity. Therefore, I am withdrawing from the electoral process of the Municipal Corporation elections which are currently going on in Maharashtra. I do not support any party or any candidate under any circumstances,” Kharat has said in this video. So what will Ajit Pawar do now? This is important to watch.

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