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Uddhav vs Shinde: The Constitution Bench’s main conclusions in Sena row case

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After hearing all parties concerned for nine days, the Supreme Court handed down a 141-page judgment on the Maharashtra political imbroglio. The Constitution Bench came to nine conclusions:

●The correctness of the decision in Nabam Rebia is referred to a larger bench of seven judges.

●This court cannot ordinarily adjudicate petitions for disqualification under the Tenth Schedule in the first instance. There are no extraordinary circumstances in the instant case that warrant the exercise of jurisdiction by this Court to adjudicate disqualification petitions. The Speaker must decide disqualification petitions within a reasonable period.

●An MLA has the right to participate in the proceedings of the House regardless of the pendency of any petitions for disqualification. The validity of the proceedings of the House in the interregnum is not subject to the outcome of the disqualification petitions.

●The political party and not the legislature party appoints the whip and the leader of the party in the House. Further, the direction to vote in a particular manner or to abstain from voting is issued by the political party and not the legislature party. The decision of the speaker as communicated by the deputy secretary to the Maharashtra legislative assembly dated July 3, 2022, is contrary to law. The speaker shall recognise the whip and the leader who are duly authorised by the Shiv Sena political party with reference to the provisions of the party constitution, after conducting an enquiry in this regard and in keeping with the principals discussed in the judgement.

●The speaker and the ECI (Election Commission of India) are empowered to concurrently adjudicate on the petitions before them under the Tenth Schedule and under paragraph 15 of the Symbols Order respectively.

●While adjudicating petitions under paragraph 15 of the Symbols Order, the ECI may apply a test that is best suited to the facts and circumstances of the case before it;

●The effect of the deletion of paragraph 3 of the Tenth Schedule is that the defence of ‘split’ is no longer available to members facing disqualification proceedings. The speaker would prima facie determine who the political party is for the purpose of adjudicating disqualification petitions under paragraph 2(1) of the Tenth Schedule, where two or more factions claim to be that political party.

●The governor is not justified in calling upon Mr Thackeray to prove his majority on the floor of the House because he did not have reasons based on objective material before him to reach the conclusion that Mr Thackeray had lost the confidence of the House. However, the status quo ante cannot be restored because Mr Thackeray did not face the floor test and tendered his resignation.

●The governor was justified in inviting Mr Shinde to form the government.

Crime

Father, grandfather held for killing 2-month-old girl, burying body in forest in Bengal

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Kolkata, July 23: A father and grandfather have been arrested in West Bengal’s North 24 Parganas district for allegedly killing a two-month-old girl and burying her in a forested area, police said on Thursday.

The incident was reported from the Jagatdal area, where the infant’s body was later exhumed and sent for post-mortem examination at Barrackpore Sub-Divisional Hospital.

According to police, the accused have been identified as Apurba Banerjee, the child’s father, and Vikas Banerjee, her grandfather. Investigators said the family had allegedly been expecting a male child and were unhappy after the birth of a second daughter. They did not even visit the hospital to see the mother and the child.

Police said the infant, who was around two months old, had reportedly been unwell for the past few days. However, on Wednesday, allegations surfaced that the child had been killed and secretly buried in a nearby forest area.

Following a complaint and protests by local residents, police reached the spot and took the two accused to the location where the body had allegedly been buried. Acting on information provided by them, officers exhumed the body and sent it for autopsy. Both men were subsequently arrested and booked under relevant sections of law.

Local residents expressed suspicion over the circumstances surrounding the child’s death. One neighbour told local media that while the family claimed the infant had died naturally, questions were raised over the hurried burial without informing neighbours or authorities.

Neighbour Chandrani Mondal said, “In the morning, we received news that the baby girl was killed and buried in the ground by her father and grandfather. We went to find out about the matter. But they told us that the baby girl died naturally. If that is what happened, why did the family members bury her in the ground so quickly without informing anyone? We want the police to investigate the incident.”

Sampati Banerjee, the mother of the deceased baby girl, said, “My daughter was sick for two or three days. When I woke up this morning, I saw that her body was cold. She was not breathing. I wanted to take my daughter to the hospital. But my husband and father-in-law did not agree. They quickly took the dead girl from my lap and buried her in the forest next to the house.”

Police said the exact cause of death would be determined after the post-mortem report is received, and further investigation is underway.

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Crime

CBI finds no evidence linking Sanjeev Mukhiya to NEET-UG 2024 paper theft case

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New Delhi, July 23: The Central Bureau of Investigation (CBI), which probed the NEET (UG) 2024 question paper theft case, has said it found no evidence to establish the involvement of Sanjeev Kumar, alias Sanjeev Mukhiya, in the crime.

After conducting a detailed investigation, the agency said it had identified the entire conspiracy and all those involved.

“Sanjeev Mukhiya had remained absconding during the relevant period and was subsequently arrested by Bihar Police in connection with other cases. Since he was a named accused in the FIR registered in the NEET-UG 2024 case, the CBI took him into police custody for examination in the matter,” the agency said in a statement.

“However, no evidence of his involvement in the NEET-UG 2024 case emerged during the investigation. Consequently, the CBI did not file any charge sheet against him in the case, and he subsequently secured bail,” it added.

The agency clarified that Mukhiya continued to remain in judicial custody even after obtaining bail in the CBI case, as he is an accused in other cases being investigated by Bihar Police.

The CBI said it had carried out a comprehensive investigation into the NEET (UG) 2024 paper theft case, identified all individuals involved, and ensured that none escaped the legal process.

The case was initially registered by Bihar Police after detecting the theft of the NEET (UG) 2024 examination question paper. At the preliminary stage, suspicion had arisen regarding Mukhiya’s possible involvement because of his alleged links to other examination paper leak cases. He was, therefore, named as an accused in the FIR.

The investigation was later transferred to the CBI.

According to the agency, the probe identified every individual involved in the theft and subsequent distribution of the stolen question paper, as well as all candidates who benefited from its use.

The CBI has filed multiple charge sheets against 45 accused before the competent court in Patna.

The agency further said that the position regarding Mukhiya’s role had already been clarified in 2024 and asserted that the current narrative suggesting his deliberate omission from the case was “factually incorrect”.

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Crime

Father, grandfather held for killing 2-month-old girl, burying body in forest in Bengal

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arrest

A father and grandfather have been arrested in West Bengal’s North 24 Parganas district for allegedly killing a two-month-old girl and burying her in a forested area, police said on Thursday.

The incident was reported from the Jagatdal area, where the infant’s body was later exhumed and sent for post-mortem examination at Barrackpore Sub-Divisional Hospital.

According to police, the accused have been identified as Apurba Banerjee, the child’s father, and Vikas Banerjee, her grandfather. Investigators said the family had allegedly been expecting a male child and were unhappy after the birth of a second daughter. They did not even visit the hospital to see the mother and the child.

Police said the infant, who was around two months old, had reportedly been unwell for the past few days. However, on Wednesday, allegations surfaced that the child had been killed and secretly buried in a nearby forest area.

Following a complaint and protests by local residents, police reached the spot and took the two accused to the location where the body had allegedly been buried. Acting on information provided by them, officers exhumed the body and sent it for autopsy. Both men were subsequently arrested and booked under relevant sections of law.

Local residents expressed suspicion over the circumstances surrounding the child’s death. One neighbour told local media that while the family claimed the infant had died naturally, questions were raised over the hurried burial without informing neighbours or authorities.

Neighbour Chandrani Mondal said, “In the morning, we received news that the baby girl was killed and buried in the ground by her father and grandfather. We went to find out about the matter. But they told us that the baby girl died naturally. If that is what happened, why did the family members bury her in the ground so quickly without informing anyone? We want the police to investigate the incident.”

Sampati Banerjee, the mother of the deceased baby girl, said, “My daughter was sick for two or three days. When I woke up this morning, I saw that her body was cold. She was not breathing. I wanted to take my daughter to the hospital. But my husband and father-in-law did not agree. They quickly took the dead girl from my lap and buried her in the forest next to the house.”

Police said the exact cause of death would be determined after the post-mortem report is received, and further investigation is underway.

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