BJP set to sail through trust vote today with NCP's help

November 12, 2014

Mumbai, Nov 12: The mood in BJP seemed upbeat as party strategists fine-tuned their strategy to win the trust vote in the Maharashtra assembly on Wednesday. BJP expects to sail through on NCP's support.

"NCP legislators will either remain absent during the trust vote or support BJP," said a BJP strategist. "Either which way the NCP decides, BJP will win the confidence motion," he added.

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An NCP leader categorically said the party would not abstain but vote in favour of the minority BJP government. "We have issued a one-line whip asking all our legislators to vote in favour of the confidence motion,'' the leader said.

BJP doesn't expect support from Shiv Sena as talks between the two parties, though re-started, had not reached any amicable solution till late Tuesday evening. Sena will take a final call on its stand on Wednesday morning.

BJP has 121 MLAs in the 287-member assembly and is 23 short of a majority (the strength of the House is actually 288 and the majority mark 145, but it has been reduced to 144 because of the death of a BJP legislator).

CM Devendra Fadnavis said BJP had already touched the 140 mark. "Besides 10 Independent MLAs, we have the backing of 8 other legislators. We will prove our majority," he said. Union minister Rajiv Pratap Rudy said BJP would welcome the support of all parties except Congress, which is "responsible for the mess" in the state.

It was seen as an indication that BJP was not averse to receiving NCP's support.

"We want to take along all those who want to come forward for the development of Maharashtra. I hope Shiv Sena will turn around," he said. Asked about NCP, Rudy said Sharad Pawar's party has already extended unconditional support but dismissed suggestions that it will be running the show in the state.

Many in the BJP are uncomfortable with the idea of depending on NCP support. After the party wins the confidence motion, it will have six months to finalize its strategy for acquiring a comfortable majority as a no-confidence motion cannot be brought in during that period after a trust vote.

Sources said the BJP could think of splitting the Sena or Congress.

"NCP may, sooner or later, pull a fast one. We are cagey about their backing," said a state BJP functionary. "We will have to work out new strategies to firm up our government," he added.

A section in the Maharashtra BJP is equally wary of seeking Sena's support, in view of what a BJP functionary described as Matoshree's "arbitrary and cavalier" style of functioning.

"The Sena doesn't understand things in fine print. The Thackerays threw their weight around a few hours before the swearing-in ceremony last Sunday. They wanted to talk to PM Modi when he had already left his office for Rashtrapati Bhavan. The Sena lacks political maturity," said a BJP minister.

Fadnavis presided over a meeting of BJP legislators on Tuesday where the nitty-gritty of the confidence vote was discussed in detail. The conclave, an exercise to keep the flock together, was held at the Y B Chavan Centre in south Mumbai.

In his speech, Fadnavis assured party legislators that his government was poised to get good support from other parties, even from "unexpected quarters."

Haribhau Bagde, BJP candidate for the Speaker's post, also spoke. The Bahujan Vikas Aghadi chief Hitendra Thakur, MLA, was present with his two legislators in tow, it is learnt, as were several Independent MLAs. BJP MLAs have been asked to check into Vidhan Bhavan at 10am on Wednesday. The Speaker's election will be held first, followed by the trust vote.

While re-opening a line of communication with the Sena in the run-up to the trust vote, the BJP also tapped smaller groups for support on the floor of the house. Fadnavis has managed to win over the Peasants' and Workers' Party which has 3 MLAs.

The CM is trying to avoid election to the Speaker's office, sources said. Vijay Auti (Sena), Varsha Gaikwad (Congress) and BJP's Bagde are in the fray. An NCP leader said the party would also vote in favour of the BJP nominee for Speaker.

Fadnavis is believed to have held informal talks with other parties on Tuesday to ensure the Speaker is elected unanimously. Should this happen, it will speak for the CM's political acumen and crisis management skills, said observers.

"I will request them (other parties) to withdraw their candidates from the fray," the CM said.

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September 23,2024

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New Delhi: Downloading and watching child pornography is an offence under the Protection of Children from Sexual Offences (POCSO) Act, the Supreme Court ruled today in a landmark judgment on the stringent law to prevent child abuse.

The bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala set aside the Madras High Court order that had ruled that merely downloading and watching child pornography was not an offence under the POCSO Act. The Supreme Court noted that the high court had committed an "egregious error" in passing the judgment.

The Madras High Court's order had come in a case in which a 28-year-old man was charged with downloading child pornography on his phone. The court had quashed the criminal proceedings against the man and said children these days are grappling with the serious issue of watching pornography and society must be mature enough to educate them instead of punishing them.

The Supreme Court today restored the criminal proceedings against the man.

At the outset, Justice Pardiwala thanked the Chief Justice for the opportunity to pen this judgment. The order focused on Section 15 of the POCSO Act which lays down punishment for the storage of pornographic material involving children.

"Any person who stores any pornographic material involving a child and fails to report or destroy it is punishable with a fine of not less than five thousand rupees., and repeat offence will be punishable with fine of not less than ten thousand rupees. If the material is stored for further transmitting or propagating, then along with fine, it is punishable with upto three years of imprisonment. For storing child pornographic material for commercial purpose is punishable with three to five years of imprisonment, and in subsequent conviction, upto seven years of imprisonment," the Section says.

Justice Pardiwala said that in this case, mens rea is to be gathered from actus rea -- mens rea refers to the intent behind the crime and actus rea is the actual criminal act.

"We have said on the lingering impact of child pornography on the victimisation and abuse of children... We have suggested to the Parliament to bring an amendment to POCSO... so that child pornography can be referred to as child sexually abusive and exploitative material. We have suggested an ordinance can be brought in. We have asked all courts not to refer to child pornography in any order," the bench said.

The Chief Justice called it a "landmark judgment" and thanked Justice Pardiwala.

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September 17,2024

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New Delhi: The Supreme Court on Tuesday halted unauthorised bulldozer action against private property, anywhere in the country, till October 1, dismissing concerns by the government that demolitions sanctioned after following due process could be impacted. 

The "heavens won't fall if we ask you to hold your hands till the next hearing", a bench of Justice BR Gavai and KV Viswanathan declared.

An irate top court - which has already come down hard, twice this month, on 'bulldozer justice' meted out by various state governments - also warned the government against "grandstanding" and "glorification" of this practice. "No demolition, till next, date, without permission of this court," the government was told, and warned the Election Commission may also be put on notice.

The court's reference to the poll panel is significant given elections are due in Jammu and Kashmir (the first Assembly election in a decade) and Haryana, where the Bharatiya Janata Party is looking to return to power. Elections are also due this year in BJP-ruled Maharashtra and Jharkhand.

The court, however, also clarified its order is not applicable to removal of encroachments in public spaces such as roads, railway tracks, water bodies, etc.

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September 15,2024

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New Delhi: Two days after he was granted bail and walked out of prison after six months, Delhi Chief Minister Arvind Kejriwal announced his shock resignation from the top post at a party meeting this afternoon. "Two days later, I will resign as Chief Minister. I will not sit on that chair till the people announce their verdict. Elections in Delhi are months away. I got justice from the legal court, now I will get justice from the people's court. I will sit on the Chief Minister's chair only after the order of the people," he said. 

"I want to ask the people of Delhi, is Kejriwal innocent or guilty? If I have worked, vote for me," he said, adding that a meeting of AAP MLAs will be held within the next two days to choose the new Chief Minister for the national capital.

The Aam Aadmi Party (AAP) leader said a member of the party will be named Chief Minister after his resignation. He said he would go among the people and ask for their support. Mr Kejriwal also demanded that the elections in the national capital, scheduled for February, be held in November along with the polls in Maharashtra.

In his address to the AAP workers, Mr Kejriwal launched an all-out attack against the Narendra Modi government and said it was more dictatorial than the British.

He said he did not resign as Chief Minister despite being arrested because he wanted to save democracy. "They have registered cases against (Karnataka Chief Minister) Siddaramaiah, (Kerala Chief Minister) Pinarayi Vijayan, (Bengal Chief Minister) Mamata didi (Banerjee). I want to appeal to non-BJP, do not resign if they register cases against you. This is their new game," he said.

Mr Kejriwal said he had also spoken to former Deputy Chief Minister Manish Sisodia about the issue. Mr Sisodia too was recently granted bail in connection with corruption allegations surrounding Delhi's now-scrapped liquor policy. "I spoke to Manish, he too has said that he will handle the post only after the people say we are honest. My and Sisodia's fate are in your hands now," he said.

Responding to the shocking development, BJP's Harish Khurana questioned why the AAP leader is creating a drama. "Why after 48 hours? he should resign today. In the past too, he has done this. People of Delhi are asking, he can't go to the secretariat, can't sign documents? What is the point then?" Asked if the BJP was ready for early polls, Mr Khurana replied, "We are ready, whether it is today or tomorrow. We will return to power in Delhi after 25 years."

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