New Delhi, May 21 (IANS) The Supreme Court has dismissed a batch of review pleas filed against the Constitution Bench verdict upholding the revocation of Article 370 as valid.

“Having perused the review petitions, there is no error apparent on the face of the record. No case for review under Order XLVII, Rule 1 of the Supreme Court Rules 2013. The review petitions are, therefore, dismissed,” a bench, headed by CJI D.Y. Chandrachud, said.

Further, the 5-judge Bench, also comprising Justices Sanjiv Khanna, B.R. Gavai, Surya Kant, and A.S. Boppana, dismissed the applications seeking listing of the review petition in open court and seeking permission to appear and argue in person.

The review petition, filed under Article 137 of the Constitution, against the decision rendered on December 11, said that the impugned judgment should not have left open the question of whether the Parliament can extinguish the character of statehood by converting a state into one or more Union Territories.

In its verdict delivered on December 11, a Constitution Bench, headed by CJI Chandrachud had upheld the status of Ladakh as a Union Territory under Article 3(a) read with Explanation I of the Constitution, which permits the formation of a Union Territory by separating a territory from any state.

However, it did not deal with the question of whether the Parliament could extinguish the character of statehood by converting a state into one or more Union Territories.

“In view of the submission made by the Solicitor General that statehood would be restored of Jammu and Kashmir, we do not find it necessary to determine whether the reorganisation of the State of Jammu and Kashmir into two Union Territories of Ladakh and Jammu & Kashmir is permissible under Article 3,” the apex court had said.

Further, the SC held that the President has the power to issue a notification declaring that Article 370 ceases to exist even after the dissolution of the Constituent Assembly of Jammu and Kashmir. It added that Article 370 was a temporary provision, considering the historical context in which it was included in the Constitution of India.

In its verdict, the top court had also asked the Election Commission of India to take steps to conduct elections to the Legislative Assembly of Jammu and Kashmir by September 30, 2024.

Generally, review petitions are tested on very narrow grounds like mistakes of law, an error apparent on the face of the record, etc., and are often dismissed in chambers and are rarely given open court hearings.

–IANS

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New Delhi, May 21 (IANS) The Supreme Court has dismissed a batch of review pleas filed against the Constitution Bench verdict upholding the revocation of Article 370 as valid.

“Having perused the review petitions, there is no error apparent on the face of the record. No case for review under Order XLVII, Rule 1 of the Supreme Court Rules 2013. The review petitions are, therefore, dismissed,” a bench, headed by CJI D.Y. Chandrachud, said.

Further, the 5-judge Bench, also comprising Justices Sanjiv Khanna, B.R. Gavai, Surya Kant, and A.S. Boppana, dismissed the applications seeking listing of the review petition in open court and seeking permission to appear and argue in person.

The review petition, filed under Article 137 of the Constitution, against the decision rendered on December 11, said that the impugned judgment should not have left open the question of whether the Parliament can extinguish the character of statehood by converting a state into one or more Union Territories.

In its verdict delivered on December 11, a Constitution Bench, headed by CJI Chandrachud had upheld the status of Ladakh as a Union Territory under Article 3(a) read with Explanation I of the Constitution, which permits the formation of a Union Territory by separating a territory from any state.

However, it did not deal with the question of whether the Parliament could extinguish the character of statehood by converting a state into one or more Union Territories.

“In view of the submission made by the Solicitor General that statehood would be restored of Jammu and Kashmir, we do not find it necessary to determine whether the reorganisation of the State of Jammu and Kashmir into two Union Territories of Ladakh and Jammu & Kashmir is permissible under Article 3,” the apex court had said.

Further, the SC held that the President has the power to issue a notification declaring that Article 370 ceases to exist even after the dissolution of the Constituent Assembly of Jammu and Kashmir. It added that Article 370 was a temporary provision, considering the historical context in which it was included in the Constitution of India.

In its verdict, the top court had also asked the Election Commission of India to take steps to conduct elections to the Legislative Assembly of Jammu and Kashmir by September 30, 2024.

Generally, review petitions are tested on very narrow grounds like mistakes of law, an error apparent on the face of the record, etc., and are often dismissed in chambers and are rarely given open court hearings.

–IANS

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New Delhi, May 21 (IANS) The Delhi High Court on Tuesday denied bail to AAP leader and former Deputy Chief Minister Manish Sisodia in the alleged excise policy scam cases.

A bench of Justice Swarana Kanta Sharma said that the applicant failed to pass the triple test for grant of bail in the corruption case and the twin conditions required under the Prevention of Money Laundering Act (PMLA), 2002.

However, the high court clarified that Sisodia could continue to meet his ailing wife every week on the same terms as set earlier by the trial court.

In March this year, the Supreme Court dismissed the curative petitions filed by the senior AAP leader challenging the dismissal of review pleas against its 2023 verdict, denying him bail in connection with the alleged liquor policy scam in the national capital.

In its judgement delivered on October 30, 2023, the top court had denied bail to Sisodia but said that if the trial proceeds slowly in the next three months, he may apply for bail afresh.

Special Judge Kaveri Baweja, of Rouse Avenue Court, had, on April 30, refused to grant bail to Sisodia who was seeking regular bail a second time.

During the trial court’s decision to deny bail, it was noted that delays in the case proceedings were largely due to actions attributable to Sisodia himself, dismissing his claims of undue delay.

Earlier in the day, the Rouse Avenue Court extended, till May 31, the judicial custody of Sisodia and others accused in the alleged liquor policy scam.

Last week, the Enforcement Directorate (ED) filed its eighth charge sheet before a special court, naming the Aam Aadmi Party (AAP) and its national convener Arvind Kejriwal as accused. A total of 18 persons have been arrested in the case so far, including Kejriwal, Sisodia, several AAP leaders, BRS leader K. Kavitha, and others.

–IANS

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Mumbai, May 21 (IANS) Congress leader Rahul Gandhi has questioned why “preferential treatment” was meted out to a wealthy, 17-year-old drunken boy who killed two persons zooming in his Porsche car, sparking an uproar in public and political circles, here on Tuesday.

In a video statement, Rahul Gandhi said that when any autorickshaw drivers and cabbies or Ola or Uber drivers or bus drivers or truckers kill anybody unintentionally, they are dumped in jail for 10 years and the (jail) keys are thrown away.

“However, when a teenage kid from a rich family consumes alcohol and kills two people in his Porsche, he is told to pen an ‘essay’. Why are the other bus, truck autorickshaw drivers or cabbies not asked to write such essays,” said Rahul Gandhi sharply.

When Prime Minister Narendra Modi was questioned about dividing the country into two ‘Hindustans’ – one of the poor and the other of billionaires, he responded by asking whether all should be made poor.

“The question is of justice – the poor and the prosperous. All should be entitled to equal justice. That’s why we are fighting. We are fighting for equality of justice and against injustice,” declared Rahul Gandhi.

The Congress leader’s statement came amid a massive public outcry following the tragic incident in which two techies from Madhya Pradesh were killed in a speeding Porsche driven by the teenage son of a prominent Pune builder, Vishal Agarwal early on Sunday morning.

While Vishal has been arrested, along with the owner and managers of a Mundhwa hotel and pub, the minor boy was let off on bail by the Juvenile Justice Board which asked him to write a 300-word essay on the accident, serve with the Yerawada Traffic Police department for two weeks and undergo counselling and medical treatment to give up alcohol.

The issue snowballed into a major political row with the Maha Vikas Aghadi leaders like Congress’ Vijay Wadettiwar and Pune MLA Ravindra Dhangekar, and Shiv Sena (UBT)’s MP Sanjay Raut demanding a judicial probe and removing Pune Police Commissioner Amitesh Kumar, slamming the police for serving pizzas to the accused while two dead bodies were lying on the road, among other things.

While the builder Agarwal is being interrogated by the Pune Police, three other accused – Prahlad Bhutada, manager Sachin Katkar and bartender Sandeep Sangle – have been sent to police custody till April 24 for allegedly serving alcohol illegally to a minor customer and his friends, and the premises were raided and sealed by the State Excise Department on Tuesday.

Rattled by the public outcry, Deputy CM and Home Minister Devendra Fadnavis rushed unannounced to the Pune Police Commissionerate and held detailed discussions with the top brass, and said that the police was proceeding on the right track.

However, activists and lawyers including Asim Sarode have accused the police of wilfully invoking mild charges and have intervened in the case seeking justice for the two techies who lost their lives.

–IANS

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Agartala, May 21 (IANS) Five days after Tripura Chief Minister Manik Saha announced that the state government would implement the Citizenship (Amendment) Act (CAA), the opposition Congress urged the BJP government not to implement the new law as it would change the demography of the state.

A delegation of the Congress tribal wing Tripura Pradesh Congress Adivasi Committee (TPCAC) on Tuesday met Tripura Chief Secretary J. K. Sinha and urged him not to implement the CAA.

The TPCAC Chairman Sabda Kumar Jamatia, who led the five-member delegation, told the Chief Secretary that if more foreigners take shelter in Tripura, it would add additional hardship to the people of the bordering state in terms of economy and other issues.

The TPCAC urged the state government not to implement the CAA in Tripura as it would jeopardise the interest of the indigenous people.

The Congress’ tribal wing said that before passing the CAA in 2019 in the parliament, 1971 was the cut-off year of residence in India for obtaining Indian citizenship by any foreigner through an accepted procedure and for that, any foreigner entering Tripura from Bangladesh after 1971 cannot be provided Indian Citizenship.

Meanwhile, Congress working committee member Sudip Roy Barman criticised Tipra Motha Party (TMP) supremo Pradyot Bikram Manikya Debbarma and alleged that he cheated the tribals by raising many demands and now backtracked from his earlier stand.

“Earlier Debbarma strongly opposed the CAA and now after becoming an ally of the BJP since March, changed his position on the issue. TMP Chief was talking against the BJP before March, but now he has changed colours and joined the BJP to serve his personal interest,” said Roy Barman, also a Congress MLA.

The former minister urged the people especially the tribals not to trust Debbarma anymore and to teach him a lesson befittingly in future elections.

Reacting to the criticism of Roy Barman, the TMP head said that he was always with the tribals and that in future he would fight for the cause of the tribals, who according to him were majority in Tripura and now become minority.

Debbarma said that Roy Barman has no integrity for the people of Tripura and joined Trinamool Congress and BJP to gain personal interest but later quit both parties and again returned to Congress.

Tripura Chief Minister last week said that after directions from the Centre, the state government is preparing to implement CAA in the state.

Following the advice of the Ministry of Home Affairs (MHA), a six-member state-level empowered committee with the Director of Census Operations as its chairman was formed in Tripura recently to grant citizenship under the CAA.

Rabindra Reang, Director of Census Operations, Tripura, said that after the advice of the MHA, like other states and Union Territories in the country, a state-level empowered committee was constituted in Tripura for granting Indian citizenship under the CAA.

District-level committees headed by the District Magistrates of all the eight districts were also formed accordingly, Reang told IANS.

Meanwhile, on March 11, the Centre notified the Citizenship (Amendment) Rules 2024, thus paving the way for enforcing the CAA, which seeks to grant Indian citizenship to persecuted Hindus, Sikhs, Jains, Buddhists, Parsis and Christians who came to India from Bangladesh, Pakistan and Afghanistan before December 31, 2014.

–IANS

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