Maharashtra: Voter seeks Bombay High Court direction to BJP and Shiv Sena to form government as they got ‘Public mandate’.

A woman voter from Maharashtra on Monday moved the Bombay High Court seeking a direction to the BJP and Shiv Sena to stand by their pre-poll alliance and form government in the state as they got the “public mandate”.

Priya Chauhan (46), a resident of neighboring Thane district, in her petition also sought a direction to the Centre and the state to refrain from appointing anyone as chief minister from the post-election alliances of the Sena- Congress-NCP, and BJP-Ajit Pawar.

The plea, filed through advocate Nitin Satpute, claims the petitioner is aggrieved by the BJP and Shiv Sena’s “betrayal”.

The plea has also sought an FIR to be lodged against the BJP and Shiv Sena for failing to form government, saying it amounts to breach of the trust of voters and cheating.

“Both the BJP and Shiv Sena have betrayed the trust of voters. They have not complied with their promises and post elections changed their alliances,” the plea said.

The petition, which will come up for hearing in due course, claimed the BJP, facing the prospect of a non-BJP alliance staking claim to power in Maharashtra, resorted to political machinations.

The petition also raised questions over the manner in which the governor sought revocation of the President’s rule in Maharashtra and allowed swearing-in of Devendra Fadnavis as the chief minister.

“The governor has acted in a partisan manner and made a mockery of the high office of the governor,” it said.

“The governor’s actions on the intervening night of November 22 and November 23, culminating into the swearing-in (of Devendra Fadnavis as chief minister) are a text book example of the governor acting at the behest of a political party in power at the Centre,” the plea alleged.

The governor has allowed himself to be a “pawn in BJP’s illegal usurpation of power”, it added.

In another significant development, the Supreme Court on Monday heard the Shiv Sena-NCP-Congress combine’s plea against the governor’s decision to swear in Fadnavis as chief minister and said it will give its order on Maharashtra government formation on Tuesday.

Fadnavis and NCP’s Ajit Pawar were sworn in as chief minister and deputy chief minister respectively by Governor Bhagat Singh Koshyari at 8 am on Saturday at a hush hush ceremony in Raj Bhavan here, leading to the lifting of the President’s rule in the state.

The BJP was propped up by Ajit Pawar who revolted against the NCP headed by his uncle Sharad Pawar.

The BJP and the Sena, which fought the last month’s Assembly polls in an alliance, secured a comfortable majority by winning 105 and 56 seats respectively.

The Sena, however, broke its three-decade-long ties with the BJP after the latter declined to share the chief minister’s post.

The NCP and Congress won 54 and 44 seats respectively.

Unnao Case: Court Records Statement of Victim’s Uncle

A Delhi court on Wed. recorded the statement of Unnao rape survivor’s uncle in the case in which expelled Bharatiya Janata Party (BJP) Member of the Legislative Assembly (MLA) Kuldeep Sengar is a key accused.

District Judge Dharmesh Sharma was presiding over the in-camera hearing in the 2017 case of alleged kidnapping & sexual assault of the woman, who was a minor then, by the Member of the Legislative Assembly (MLA).

The uncle of the rape survivor had been transferred to Tihar jail in Delhi from a prison in U.P. to ensure his safety. He has been convicted in a 19-year-old case & sentenced to 10 years in jail in a case filed by Mr. Sengar’s brother, Atul Singh.

SC dismisses CBI probe into WB BJP workers death

New Delhi:The Supreme Court today refused to entertain a plea seeking a CBI probe into the recent killing of two BJP workers in Purulia district of West Bengal after panchayat polls.

A vacation bench of Justices A K Goel and Ashok Bhushan asked the petitioners to approach the Calcutta High Court for the relief.

Advocate Gaurav Bhatia, appearing for petitioners, said that it is a serious matter as the killing of BJP workers have taken place after the panchayat polls in Purulia district.

On May 30, 18-year-old Tirlochan Mahato, a BJP worker from Balrampur village of Purulia district was found hanging from a tree with a poster written in Bengali struck on his back, saying he was killed for canvassing for the BJP during panchayat election.

Another death of one Dulal Kumar, also a BJP worker, had taken place on June 2 in a similar manner in the same district.

The petition was filed by the father of Kumar, who sought a CBI probe into the killings.

Supreme Court approves draft Cauvery Management Scheme

The Supreme Court today approved the Centre’s draft Cauvery Management Scheme for smooth distribution of water among four southern riparian states.

A bench headed by Chief Justice Dipak Misra rejected the suggestions of Karnataka and Kerala governments over the scheme, terming them as devoid of merits.

The bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said the Cauvery Water Disputes Tribunal’s award, which was modified by the apex court, has to be taken to the logical conclusion by the Cauvery Management Scheme.

It also dismissed Tamil Nadu’s plea seeking initiation of contempt against the Centre for non-finalisation of Cauvery scheme.

Karnataka, which is facing political tug of war between BJP and Congress-JD (S) over government formation, had earlier made a failed bid to temporarily stall the finalisation of draft Cauvery management scheme.

The top court had made it clear that it would see that the draft scheme is “in consonance with its judgement only.”

Earlier, the bench had red-flagged the provision empowering the Centre to issue the directions, saying “this part (power of Centre to issue directions) of the scheme is not in consonance with the judgement. We make it clear to you”.

The observation was made after the Centre had submitted the draft Cauvery management scheme in the court for its approval.

The apex court, in its verdict delivered on February 16, had asked the Centre to frame the Cauvery management scheme, including creation of the Cauvery Managament Board, for release of water from Karnataka to Tamil Nadu, Kerala and Puducherry.

The scheme, once finalised, would deal with the issue of water share of the four states in different circumstances like normal and deficient water years in the Cauvery river basin.

The top court had modified the Cauvery Water Disputes Tribunal (CWDT) award of 2007 and made it clear that it will not be extending time for this on any ground.

It had raised the 270 tmcft share of Cauvery water for Karnataka by 14.75 tmcft and reduced Tamil Nadu’s share, while compensating it by allowing extraction of 10 tmcft groundwater from the river basin, saying the issue of drinking water has to be placed on a “higher pedestal”.

CBI arrests UP BJP MLA: Unnao gangrape case

Central Bureau of Investigation arrested Uttar Pradesh BJP MLA Kuldeep Singh Sengar in connection with the Unnao gangrape case on early Friday morning.
The arrest was made within 12 hours after the CBI took over the case.CBI sources said that the probe agency’s team arrested the legislator from his residence in Indira Nagar area at 0415 hrs.Later, a seven-member CBI team took Sengar to the agency office in Lucknow for interrogation.
Sources said they did not witness any opposition from the legislator or his supporters during his arrest.The MLA was being interrogated.Mobile phones of the legislator have also been seized by the CBI.CBI sources said the arrested MLA would be taken to Unnao on Friday after producing him before the court for his police custody.The victim family expressed their satisfaction on the arrest.“We are still living in fear as the henchmen of the MLA are continuously threatening us. We want the legislator behind the bar,” she said.The victim family also thanked media for supporting their fight against the MLA and his goons.The Allahabad High Court which will be giving the verdict at 1400 hrs.The High Court was very critical of the UP government for not arresting the MLA even after registering case under Protection of Children from Sexual Offences Act (POCSO) against him.
On Thursday in a record time, the Centre had given its nod to the Central Bureau of Investigation probe into the Unnao Rape case. Principal Secretary (Home) Arvind Kumar confirmed on Thursday night that DOPT has issued the required notification for the CBI probe in the Unnao case.The CBI immediately registered three cases in connection with the rape of the victim in June, 2017 and death of the victim’s father in judicial custody on Monday last.But surprisingly, the Centre took just two hours to give its nod to the probe. The state home department has sent the recommendation at 1500 hrs and it was approved at 1700 hrs.
A seven-member CBI team led by an additional SP rank officer was rushed from Delhi to arrest the MLA. A second team is expected on Friday.
On Thursday, UP government had refused to arrest the MLA saying that as the case has been recommended to CBI hence they will take the action.

Chief Justice of India-led orders listing of a case relating to BJP chief’s son

The Supreme Court today directed the listing of a case of a news portal’s scribes, who are facing criminal defamation complaint filed by BJP President Amit Shah’s son, before an appropriate bench for final disposal on April 18.

An supreme court bench headed by Chief Justice of India (CJI) Dipak Misra said since it was seized of hearing important cases pending before a constitution bench, there was paucity of time to hear this matter.

It said the petitions, which have challenged the Gujarat High Court’s order refusing to quash summons issued against them by a trial court in a defamation complaint filed by Shah’s son Jay Shah, be listed before an appropriate bench.

“Let the matters be listed before the appropriate bench for final disposal on April 18. The interim order passed on the earlier occasion to continue till the next date of hearing,” the bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said.

On March 15, the CJI-led bench had heard the pleas filed by news portal ‘The Wire’ and some of its scribes against the Gujarat High Court order. It had also asked the Gujarat trial court not to proceed with the complaint till today.

The high court had on January 8 rejected a plea filed by the portal, seeking quashing of the defamation complaint filed against it by Jay over an article related to his company.

On the last date of hearing before the apex court, senior lawyer Kapil Sibal, appearing for the portal and the scribes, had said that the article contained details from records which were in “public domain electronically”.

A five-judge constitution bench headed by the CJI and comprising Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan, is currently hearing the crucial matter relating to the validity of the Aadhaar Act.

The same bench is also scheduled to hear several other matters, including the one related to its 2013 judgment re-criminalising gay sex between consenting adults and ban on entry of women between 10 and 50 years of age in Kerala’s Sabarimala temple.

Shah had moved the lower court alleging defamation by the petitioners after the article published by the news portal claimed his company’s turnover grew exponentially after the BJP-led government came to power at the Centre in 2014.

The complaint was filed against the author of the article Rohini Singh, founding editors of the news portal Siddharth Varadarajan, Siddharth Bhatia and M K Venu, managing editor Monobina Gupta, public editor Pamela Philipose and the Foundation for Independent Journalism, which publishes The Wire.

Jay has separately filed a civil defamation suit of Rs 100 crore against the website over the article. He has also rejected the charges made in the article, insisting that the story was “false, derogatory and defamatory”.

Supreme Court refuses to interfere with Bengal panchayat poll process

The Supreme Court today refused to extend the last date for the filing of nominations for panchayat polls in West Bengal, saying it could not interfere with the election process.

The top court, however, granted liberty to all candidates to approach the West Bengal State Election Commission for appropriate relief.

“We have not interfered with the election process but we have granted liberty to all candidates to approach State Election Commission today itself for necessary relief,” a bench of Justices R K Agrawal and A M Sapre said.

The BJP had on March 6 told the apex court that “democracy is being murdered” in West Bengal as the ruling Trinamool Congress (TMC) was engaged in large scale poll violence and not allowing its candidates to file nominations for the upcoming panchayat polls.

It had also alleged that the assistant panchayat electoral registration officers appointed by the West Bengal State Election Commission were refusing to give nomination forms to BJP candidates.

The West Bengal unit of the Bharatiya Janata Party sought availability of nomination papers online, extension of the last date for filing these papers and deployment of paramilitary forces in the state in the run-up to the polls scheduled in the first week of May.

The panchayat polls are scheduled to be held on May 1, 3, and 5. The votes will be counted on May 8. According to the notification, the last date for filing of nominations is April 9 and the last date of scrutiny of the nominations is April 11.

Court dismisses sedition case against SP leader Azam Khan

A local court here has dismissed a sedition case lodged against Samajwadi Party leader Mohd Azam Khan for allegedly making controversial remarks on Kashmir.

Chief Judicial Magistrate Amarjeet Singh dismissed the case yesterday and rejected the final report filed by the police in the matter.

The case was registered against Khan by Bajrang Dal leader Ujjawal Gupta for his alleged controversial comments on Kashmir on December 21, 2010.

The investigating officer had filed a final report in the case on May 5, 2012, against which Gupta had moved a protest application on January 8, 2013.

On May 24, 2013, the court rejected the final report and said it was false and was based on baseless facts to get desired results.

It directed a re-investigation, asking police to obtain original recording from the media and make it a part of the probe.

Following the court’s judgment, Gupta said he will approach the high court against the decision.

Khan had come under attack from the Congress and the BJP for his controversial remarks on the status of Jammu and Kashmir.

While the Congress had slammed Khan for his reported comment that senior party leader Ghulam Nabi Azad belonged to Kashmir and not India, and for questioning the status of the state, the BJP had demanded action against him.

Dubbing his remark as “anti-national”, the UP unit of the BJP had demanded that Khan should be booked for the offence.

1 month jail term for Jagdambika Pal for violating code

1 month jail term for Jagdambika Pal for violating code
1 month jail term for Jagdambika Pal for violating code

A court here has awarded one-month jail term to BJP MP Jagdambika Pal for violating Model Code of Conduct during the 2014 Lok Sabha elections.

The MP, however, was granted bail by the court soon after.

Pal had been charged for using vehicles more than the permissible limit during a rally in Bansi while campaigning for the 2014 polls.

The then SDM had lodged a case against Pal in Bansi Kotwali for violation of model code of conduct, additional prosecution officer Keshav Pandey said.

Chief Judicial Magistrate Sanjay Chaudhary pronounced the verdict yesterday, additional prosecution officer Keshav Pandey said.

The CJM also imposed a fine of Rs 100 on Pal, he said.

The MP was granted bail by the court soon after, Pandey added

( Source – PTI )

Govt should appeal in HC against 2G case acquittal: Swamy

Govt should appeal in HC against 2G case acquittal: Swamy
Govt should appeal in HC against 2G case acquittal: Swamy

BJP leader Subramanian Swamy, who was one of the petitioners on whose plea a CBI probe was ordered in 2G case, today said government should immediately appeal in the Delhi High Court against the acquittal.

Former Telecom Minister and DMK leader A Raja, his party colleague and Rajya Sabha MP Kanimozhi were today acquitted by a special CBI court in the 2G spectrum allocation scam cases.

“The government should appeal in the high court against acquittal of all the accused,” Swamy told PTI outside court premises.

Later, Swamy also tweeted that the government must prove its bonafides by filing an immediate appeal in the High Court.

In the tweets, he also made reference to former Tamil Nadu chief minister J Jayalalithaa’s DA case in which she along with her close aide Sasikala Natarajan was acquitted by the Karnataka High Court which was finally overruled this year by the Supreme Court.

“Congis and Allies celebrated JJ HC acquittal. Then in SC got deflated. Same will be here,” he said in the tweets.

( Source – PTI )