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Uddhav vs Shinde: SC allows EC to decide which faction is real Shiv Sena

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In a big setback to Uddhav Thackeray’s faction, the Supreme Court on Tuesday declined to stop the Election Commission from deciding the claim of Eknath Shinde group to be the real Shiv Sena.

After a day-long hearing, a constitution bench headed by Justice D.Y. Chandrachud dismissed the interlocutory application filed on behalf of Thackeray’s faction. The apex court’s decision is very significant in view of the impending Brihanmumbai Municipal Corporation elections, where both Shinde and Thackeray factions would like to contest the poll.

The bench — also comprising Justices M.R. Shah, Krishna Murari, Hima Kohli, and P.S. Narasimha — said there would not be any stay on the proceedings before the Election Commission on intra party dispute and ‘bow and arrow’ symbol of the party. “We direct that there would be no stay of the proceedings before the Election Commission of India,” it said.

Senior advocates Kapil Sibal, A.M. Singhvi and Devadatt Kamat represented the Thackeray’s faction. Sibal submitted that Shinde cannot approach the EC once he has incurred disqualification, saying “I challenged the very locus of the person who moved the EC”.

Sibal clarified that Shinde has incurred disqualification as his various acts amounted to “voluntarily giving up membership of the party” under the Tenth Schedule, and he also violated the party whip, which is also covered by the Tenth Schedule.

The Thackeray camp vociferously argued that since disqualification of Shinde and the MLAs supporting him was pending, therefore EC cannot consider their application over the party and the symbol. However, the top court declined to entertain this contention.

Senior advocates Maninder Singh, Neeraj Kishan Kaul, and Mahesh Jethmalani, assisted by advocate Abhikalp Pratap Singh, argued for the Shinde faction.

Senior advocate Arvind Datar represented the Election Commission.

Shinde’s faction counsel argued that under Article 324 of the Constitution, the EC possesses plenty of powers to deal with any situation which arises in relation to political parties and several party members have sent their representations to the EC supporting the Shinde group.

Kaul submitted that the nature of enquiry under Tenth Schedule and the Symbols Order are different.

Shinde’s faction counsel claimed a hopeless minority sought to remove him from the party, and contended that the Speaker, under the Tenth Schedule, has to exercise power to determine disqualification of a member and he cannot decide on the split or merger within a political party. Shinde faction counsel vehemently argued that a party member’s right to move the EC cannot be taken away.

The EC counsel argued that it worked independently, and its functions are different when compared with the Speaker. The counsel added that it can decide who held the majority in the party.

Shinde and his faction had rebelled against Thackeray, which forced him to resign as Maharashtra Chief Minister.

Shiv Sena’s General Secretary Subhash Desai had moved the apex court saying that Shinde and other MLAs, have purportedly initiated proceedings under para 15 of the Election Symbols (Reservation and Allotment) Order, 1968 (Symbols Order) seeking to be recognised as the “real Shiv Sena” by the EC. Desai added that they are also claiming the right to use the election symbol of “bow and arrow” allotted to Shiv Sena.

Thackeray faction claimed that since the disqualification matter is pending in the apex court, Shinde faction are trying to illegally cobble up numbers and fabricate an artificial majority in the organisation.

The apex court, on July 11, asked the newly appointed Maharashtra Assembly Speaker not to go ahead with proceedings on the disqualification petitions.

Maharashtra

Police are busy removing loudspeakers from mosques under pressure from Kirit Somaiya, a case will be registered against Kirit Somaiya for spreading religious hatred: Abu Asim Azmi

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Mumbai: Mumbai Maharashtra Samajwadi Party leader Abu Asim Azmi, while addressing a press conference of the Federation of Mosques at the Marathi Patrikar Singh in Mumbai, said that the country will run on the Constitution and the Bombay High Court’s decision against all religious places and the principles of noise pollution, but under the guise of this, BJP leader Kirit Somaiya is targeting only Muslims and claiming to remove loudspeakers from mosques. He is constantly putting pressure on the police, therefore, a case has been demanded to be registered against him on charges of creating hatred between two communities, spoiling the environment and spreading religious hatred. Otherwise, the court will also be approached to register a case so that a case can be registered against him as soon as possible. Abu Asim Azmi said that the local Hindus have no objection to the call to prayer and the loudspeakers of mosques, but action is being taken on the complaint of some mischievous elements.

The environment is being spoiled only for the sake of vote bank. Removing the loudspeakers of mosques poses a threat to law and order. Therefore, the police should also pay attention to this because in Mumbai too, a conspiracy is being hatched to create division between Hindus and Muslims and spread religious hatred. He said that an example of how religious hatred is being spread in Maharashtra and communalism is on the rise is that a student in Kokan did not raise the slogan of Pakistan Zindabad but his house was razed to the ground. If someone insults Chhatrapati Maharaj, then RR Patil had talked about bringing James Lennon from America. He said that removing loudspeakers from mosques is illegal, a nation is being targeted. Bhajan singing continues throughout the night in UP. Why is no action taken against it? Under pressure from BJP leader Kirit Somaiya, the police is forced to remove the loudspeakers of the mosque. A case should be registered against Kirit Somaiya because he is trying to spoil the atmosphere by promoting communalism. It is demanded from the Police Commissioner that he should not allow the removal of the loudspeakers of the mosques because they use loudspeakers within the legal framework.

Advocate Khalid said that the action is underway on the loudspeakers of mosques. The Bombay High Court had given a decision in which guidelines were issued. A new petition was filed in the High Court in which the Jago Nehru Nagar petition was filed. In this, the court has referred to the decision issued in 2016, in which guidelines were set. It has identified all the things. Whatever decision has been issued regarding noise pollution, the High Court has said in its order that all noise pollution has been banned in religious ceremonies. This decision has not been implemented for any single religion. In this decision, the court reviewed the interim order. The court has observed that permission is required before using loudspeakers. Decibels have also been fixed. When the mosque sought permission for loudspeakers, they were given permission. In both the decisions, the structure of the loudspeakers has not been fixed. Box type is being allowed, which is not included in the High Court decision. If the speakers installed in the mosque protest against noise pollution, then action will be taken against them.

A warning should be given on the first complaint, a notice for the second time, and a fine and action is available for the third time. It is also necessary to run an awareness campaign regarding noise pollution. No single religion has been targeted, it is applicable to all religions. Advocate Yousuf Abrahani said that due to the provocation of Kirit Somaiya, a conspiracy has started to spoil the atmosphere. The police are now going to every mosque and harassing the preachers, imams and trustees of the mosques. The law is the same and equal for all religions, but why is the law being used only on Muslims? This matter will soon be referred to the court. The beer bar’s license is until 12 o’clock, but the bar remains open all night. The police do not take action on this, but they get a salary from here, so the police are silent and take action only on mosques.

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Maharashtra

Police on High Alert for Bakra Eid: Action Against Communal Elements, Says Police Commissioner Ashutosh Dumbre

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Mumbai: As Bakra Eid approaches, the Thane police have heightened vigilance against communal elements and initiated actions to curb any attempts to disturb peace. In a press briefing, Police Commissioner Ashutosh Dumbre emphasized the importance of maintaining law and order during this festive period. He stated that strict enforcement of the prohibition on cow slaughter in Maharashtra is mandatory, and violators will face severe consequences.

To ensure a peaceful environment, the police have increased patrolling in sensitive areas, including Kalyan, Ulhasnagar, Rabodi, Bhiwandi, and Mumbra, which have significant Muslim populations. Dumbre mentioned that additional deployment of forces will be in place during Bakra Eid and other festivities in the region.

The police commissioner emphasized that adherence to the guidelines set forth by the Municipal Corporation during the festival is essential. In collaboration with community leaders and scholars, the police have held meetings to ensure communal harmony. The Qureshi community reassured the police that they will refrain from sacrificing prohibited animals, underscoring a commitment to following the law.

To facilitate the arrival and purchase of goats before Eid, the police have stepped up patrols to prevent any potential difficulties. Precautionary measures have also been established to safeguard livestock traders from harassment. It is mandatory for goats and sacrificial animals to be air-tagged, which will only occur after a veterinary examination.

Commissioner Dumbre reiterated that Islam is a religion of peace and that fostering communal harmony is crucial during this time. In light of the upcoming festivities, the police have issued an alert within the police commissionerate. Special arrangements will be made at Eidgahs and mosques during Bakra Eid. He urged Muslims to conduct their rituals with dignity by avoiding the display of bloodied clothing and weapons and to transport meat discreetly in sealed bags or containers.

The police’s proactive stance aims to ensure that Bakra Eid is celebrated peacefully while upholding the laws of the state. Community cooperation and adherence to regulations will be key in making this festive season a harmonious occasion in Mumbai.
In Maharashtra, there is a complete ban on cow slaughter, and necessary instructions have been given to the police regarding this. Strict action will be taken against anyone who violates this ban. It was stated that cleanliness is half of faith, so during the process of sacrifice, waste and other items should be packed in bags and disposed of in bins, adhering to the guidelines and Islamic methods for sacrifice. The police commissioner advised that photos and videos of the sacrifice process should not be taken, as many people upload these images and videos on social media, which may hurt the religious sentiments of others and pose a risk of spreading religious hatred. The police commissioner urged Muslims to avoid such actions.

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Maharashtra

Special Court Denies Bail To Gangster Chhota Rajan In 2005 Arms Recovery Case

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Mumbai: The special court for the Maharashtra Control of Organised Crime Act (MCOCA), hearing the cases against incarcerated gangster Chhota Rajan, has refused to grant him bail in a 2005 case of recovery of a huge quantity of arms and ammunition. The court noted that the trial would be over in a few months, and at this juncture, his request cannot be considered.

As per the prosecution, Rajan and his close aide Bharat Nepali had imported a container consisting of 27 drums of grease from Bangkok, and one of them was found to conceal 34 revolvers, three pistols, a silencer, and 1,283 live cartridges. This came to light with the arrest of Nepali’s henchman Mukund Patel, who on May 21, 2005, was found with a revolver with two live rounds in the vicinity of Lata Bar and restaurant near Kandivali (W) railway station.

During interrogation about the source, he had revealed it was part of the consignment ordered by Rajan and Nepali. Later, Patel guided the investigating team to the Nhava Sheva Port, where the drum with the weapons was. It was revealed that the consign – ment had reached Mumbai on May 18, 2005, and the same was also cleared by Customs officers.

While seeking bail, Rajan’s lawyer contended that he had been falsely implicated and that he had already suffered incarceration of nearly 10 years after his arrest in the case in November 2015. The plea was opposed by the prosecution on the ground that there is enough evidence against Rajan. He contended that the officer who had interrogated Rajan had identified his voice in an intercepted audio recorded in September 2005.

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