Supreme Court to hear Congress plea against Goa governor’s invitation to BJP

March 14, 2017

New Delhi, Mar 14: The Congress, which won 17 seats+ in the 40-member Goa assembly, on Monday night moved the Supreme Court challenging governor Mridula Sinha's decision to invite the 13-MLA BJP, led by Manohar Parrikar, to form government, claiming that it violated the "established constitutional practice" of inviting the single-largest party in a hung Assembly.

Supreme

Chief Justice J S Khehar agreed to set up a special bench on Tuesday for an urgent hearing as the court is closed for a week for Holi. With the oath-taking ceremony scheduled for March 14+ , Parrikar may have to wait for the SC hearing before taking over as CM.

Congress's legal brains trust, including senior advocate Abhishek Manu Singhvi, drafted the petition which was filed by the leader of Congress Legislature Party in Goa, Chandrakant Kavlekar, through advocates Devadatt Kamat and Gautam Talukdar.

Congress cites SC verdict on Bihar to contest Goa guv's decision

Congress in its petition on Monday night against the Goa governor's invitation to invite the BJP to form government pointed out that a Constitution bench of the SC had severely censured Bihar governor Buta Singh for recommending that the assembly— then in suspended animation— be dissolved without giving the Nitish Kumar-led JD(U)-BJP alliance, which had the largest tally, an opportunity to prove its majority on the floor of the house.

Its legislature party chief Chandrakant Kavlekar also recalled that the Sarkaria Commission on Centre-State relations in a federal structure had recommended that the single largest party must get the invitation to form government in order to eliminate political maneuvering by the Centre through the governor.

"BJP, which has only 13 MLAs in the assembly, in order to get around the mandate of the people which has thrown it out of power, has, using its political clout at the Centre, sought to claim that it has the requisite majority with the purported help of certain smaller powers," he said.

"As per well-established constitutional norms and conventions, the single-largest party ought to have been given an opportunity to form government and prove its majority.

However, the governor vide her decision on the night of March 12 has appointed Manohar Parrikar as the CM and has invited the BJP to form the government and scheduled oath taking ceremony is on March 14," he said.

"The entire objective of this hasty late-night political maneuvering by the powers that-be is to defeat the mandate of the people and to somehow grab power by misusing the office of the governor," Kavlekar added terming the governor's decision to appoint Parrikar as chief minister as unconstitutional.

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April 16,2024

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New Delhi:  Twenty-nine Maoists, including a senior rebel leader - Shankar Rao, who had a bounty of ₹ 25 lakh on his head - were killed by security forces during an encounter in Chhattisgarh's Kanker district on Tuesday afternoon. A huge quantity of weapons, including Ak-47 and INSAS rifles, were recovered. 

Three security personnel were injured in the gunfight, which took place in forests near the village of Binagunda after a joint team of District Reserve Guard and Border Security Force were attacked.

Two of the three injured are from the BSF. Their condition is stable but the third - from the DRG - is in critical care. All three received treatment at a local hospital and are to be shifted to a larger facility.

Sources said the fighting began at around 2 PM, when a joint DRG-BSF team was conducting an anti-Maoist operation. The DRG was set up in in 2008 to combat Maoist activities in the state, and the Border Security Force has been deployed extensively in the area to for counter-insurgency ops.

There was another encounter in the district last month, in which two people - a Maoist and a cop - were killed, and security forces recovered a gun, some explosives, and other incriminating materials.

Personnel from the DRG and Bastar Fighters, both units of the state police force, with the Border Security Force, were involved in that operation, officials told news agency PTI. The patrolling team was cordoning off a forested area when fired on indiscriminately, leading to the gun battle.

In November last year, while the state was voting in the first phase of an Assembly election, a gunfight broke out between security forces and Maoist rebels in the same district.

An Ak-47 rifle was recovered from the encounter site.

On the same day, while polling was taking place, Maoists fired at DRG personnel deployed near a polling station in Banda in Dantewada district.

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April 9,2024

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The Delhi High Court rejected Chief Minister Arvind Kejriwal's plea challenging his arrest by the Enforcement Directorate (ED) and remand order passed by the trial court in connection with the excise policy case. The court delivered the verdict in the excise policy case on Tuesday.

In its order, the high court said the petition challenged the arrest and said it was in violation of Section 19 of the Prevention of Money Laundering Act, 2002 (PMLA). "The court clarifies that the plea is not for bail but for declaring the arrest illegal," Bar and Bench reported while citing the court order.

The high court said the material collected by the ED “reveals Arvind Kejriwal conspired and was actively involved in use and concealment of proceeds of crime." 

“The ED case also reveals that he was involved in his personal capacity as well as convenor of AAP," the order said.

Kejriwal had earlier questioned the timing of the arrest that came just ahead of the Lok Sabha Elections 2024.  Reacting to this, the court said, “Petitioner has been arrested in money laundering case and court has to examine his arrest and remand as per law irrespective of timing of elections."

Reacting to Kejriwal's argument casting doubt on the statements of “approvers" in the excise policy case, the court said the statements of “Raghav Magunta and Sarath Reddy are approver statements which were recorded under the PMLA as well as Section 164 CrPC".

“To cast doubt on the manner of recording statement of approver would amount to casting aspersions on the court and judge," the order added. “The law of approver is over 100 years old and not one year old. It cannot be suggested that it was enacted to implicate the present petitioner (Kejriwal)," it added.

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April 5,2024

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New Delhi, Apr 5: In a big relief to about 17 lakh madrassa students in Uttar Pradesh, the Supreme Court today paused an Allahabad High Court order scrapping the UP Board of Madarsa Education Act, 2004. This allows about 16,000 madrasas in the state to continue functioning under the 2004 law.

A bench led by Chief Justice of India DY Chandrachud said that the high court decision was prima facie not correct and issued notices to the UP and central governments, and the Madrassa board.

The high court had last month declared the 2004 law "unconstitutional" for allegedly violating the principle of secularism and directed the government to accommodate the madrasa students in the formal education system.

The Supreme Court put it on hold on Friday, saying that the aims and objectives of the Madrassa Board are regulatory in nature and that the establishment of the board itself will not affect secularism.

"The high court, in striking down the provisions of the Act, directed the relocation of the students. This would affect the 17 lakh students. We are of the view that the direction of relocation of students to other schools was not warranted," said the Chief Justice.

If the purpose of the PIL is to ensure that madrassas provide secular education in core subjects such as mathematics, science, history, and languages, the solution would not be to repeal the provisions of the Madarsa Act 2004, he added.

The central and state governments backed the high court judgment in the Supreme Court, with the centre saying suspected entanglement of religion and other relevant issues must be debated.

Senior advocate Abhishek Manu Singhvi, representing the madrassas, said religious education cannot mean religious instruction and that the high court order will leave 10,000 madrassa teachers and 17 lakh students in lurch. But the state government said it has made arrangements for the teachers and students.

Mr Singhvi argued it is wrong to say madrassa education doesn't have quality, isn't universal in nature, and is not broad-based. Singling out the madrassas for a ban is discriminatory and the Supreme Court had said so in the Aruna Roy vs Union of India, 2002 verdict, he pointed out.

The Chief Justice said that the issues that have been raised merit closer reflection and posted the matter for further hearing in the second week of July.

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