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Delhi HC quashes President’s order disqualifying AAP MLAs

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Delhi HC quashes President's order disqualifying AAP MLAs

The Delhi High Court on Friday, March 23, set aside Presidential notification disqualifying 20 Aam Aadmi Party MLAs from Delhi legislative assembly.

The President, on recommendation from the Election Commission (EC), had disqualified the MLAs for holding “office of profit”.

The High Court quashed the order, saying, “Opinion of the Election Commission of India is vitiated and bad in law for failure to comply with the principles of natural justice,” and referred the case back to EC for reconsideration.

The High Court bench, comprising Justices Sanjiv Khanna and Chander Shekhar, was hearing a petition filed by all the 20 MLAs, who had challenged the order contending that “there was no communication to us (AAP MLAs) from the Election Commission (EC) about the hearing before it. It is in complete violation of natural justice.”

The petition added: “It is also that even a temporary government employer cannot be removed on the grounds of misconduct without holding a full-fledged inquiry. However, in the present case, the members of the legislative assembly were removed without holding a full-fledged inquiry and without giving them an opportunity to explain if they ever held any office of profit.”

The court said the poll panel ‘s recommendation on January 19 was vitiated because of the failure to give the MLAs an oral hearing or opportunity to address their argument on merits.

AAP convener and Delhi Chief Minister Arvind Kejriwal called the HC’s order a victory for the people of Delhi. “Satya ki jeet hui. Delhi ke logon dwara chune huye pratinidhi ko galat tareeke se barkhaast kia gaya tha. Delhi HC ne Delhi ke logon ko nyaay diya. Delhi ke logon ki badi jeet. Delhi ke logon ko badhai (Truth has won. Elected representatives of Delhi were wrongly dismissed. Delhi High Court has given justice to the people of Delhi. This is a big victory for the people of Delhi and I congratulate them),” he tweeted.

With their disqualification revoked, AAP MLAs can now join assembly proceedings. The party has a majority in the Delhi Assembly.

The High Court order also puts an end to speculation about the likelihood of by-elections to the constituencies of these MLAs following the President’s order. BJP was hoping to improve its tally in Delhi Assembly, where it has a total of merely three MLAs at present, banking on the projected image of Prime Minister Narendra Modi and the tactics of BJP president Amit Shah. The party will now have to wait longer.

The office of profit case pertains to the appointment of the MLAs as Parliamentary Secretaries in the Arvind Kejriwal cabinet. The appointment, however, was set aside by the Delhi High Court on September 8, 2016, on the basis that they were appointed without prior concurrence with the Delhi Lieutenant Governor.

They had been appointed parliamentary secretary by the Arvind Kejriwal government in 2015.

Soon after their appointment, a huge controversy erupted with complaints being registered with the Election Commission.

On January 19, the EC recommended the AAP MLAs be disqualified for holding offices of profit. On January 21, President Ram Nath Kovind approved the disqualification. The EC was referring to the fact the MLAs had been appointed parliamentary secretaries to ministers in the Delhi government in March 2015. The poll panel had submitted that the legislators cannot claim that they were not holding office-of-profit. It had also claimed that these MLAs’ pleas were not maintainable and were liable to be dismissed.

The MLAs who had been axed were Alka Lamba, Adarsh Shastri, Sanjeev Jha, Rajesh Gupta, Kailash Gehlot, Vijendra Garg, Praveen Kumar, Sharad Kumar, Madan Lal Khufiya, Shiv Charan Goyal, Sarita Singh, Naresh Yadav, Rajesh Rishi, Anil Kumar, Som Dutt, Avtar Singh, Sukhvir Singh Dala, Manoj Kumar and Nitin Tyagi.

The 20 disqualified AAP MLAs had moved the High Court on January 23 against the presidential order disqualifying them for holding office of profit as ‘parliamentary secretaries’ in the Delhi government.

A single-judge bench of the High Court on January 24 had refused to stay the Centre s notification disqualifying the MLAs, but had directed the Election Commission to maintain status quo on the disqualification by withholding the announcement of bypoll dates for the Delhi Assembly seats that would have fallen vacant if the MLAs were disqualified.

After the case was transferred to the Delhi high court bench of justices Sanjiv Khanna and Chander Shekhar it was heard on a day-to-day basis. The Bench wrapped up hearings in the case on February 28, and reserved its judgment after the legislators, the EC and other parties had concluded their arguments.

In response to a query from the bench during the hearings, AAP MLAs had agreed to have the case sent back to the poll panel so that the MLAs could be granted an oral hearing.

Senior advocates KV Vishwanathan and Mohan Parasaran appearing for the MLAs had challenged their disqualification on the grounds of violation of the principles of natural justice.

It was further argued that the post of parliamentary secretary could not be considered as an ‘office of profit’ as there was no element of ‘profit’ or pecuniary benefit attached to it. The post was similar to that of an intern to a minister, it was submitted.

Amit Sharma, appearing for the Election Commission, submitted before the bench that the existence of pecuniary benefit was not the only requirement to establish an office of profit. It was argued that discharging executive duties and function as parliamentary secretaries also constituted an office of profit. It was further stated that principles of natural justice were sufficiently complied with by providing the MLAs an opportunity to file their written submissions in their defence.

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Centre confirms caste data to be included in next census, months ahead of Bihar polls

Union Minister Ashwini Vaishnaw announced that caste will be a part of the next population census, echoing Bihar’s 2023 move and intensifying the political spotlight ahead of the state elections.

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In a landmark announcement, the central government has confirmed that questions related to caste will be formally included in the upcoming national population census. The move was disclosed by Union Minister Ashwini Vaishnaw during a cabinet briefing held on Wednesday.

This development marks a significant shift in national data collection policy, aligning with repeated demands made by various opposition parties over the years. The announcement comes strategically ahead of the upcoming Bihar Assembly elections, indicating possible electoral implications.

Bihar’s 2023 caste survey set the tone

The decision comes on the heels of Bihar’s bold step in October 2023, when then Chief Minister Nitish Kumar, backed by the Rashtriya Janata Dal and the Congress, led the state into becoming the first in the country to conduct and publish a caste-based survey.

The Bihar survey revealed that 36% of the population belonged to the Extremely Backward Classes (EBC), 27.1% to Backward Classes (BC), 19.7% to Scheduled Castes (SC), and 1.7% to Scheduled Tribes (ST). The findings not only triggered an intensified push by opposition parties for a nationwide exercise but also became a focal point in political discourse during the last general elections.

Following the release of the caste data, the Bihar government expanded reservation quotas, raising them to as much as 65% in some categories—a move that stirred both support and controversy.

National implications and political backdrop

The inclusion of caste data in the national census is expected to have wide-ranging social and political implications. It addresses concerns raised by several political entities that have argued for more granular demographic data to inform welfare policies, reservation frameworks, and social justice initiatives.

With Bihar’s example already in play and fresh state elections approaching, the Centre’s decision may significantly influence political alignments and voter sentiments, especially in caste-conscious regions.

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Mamata Banerjee expresses grief after 14 killed in Kolkata hotel fire

Prime Minister Narendra Modi expressed anguish, announcing ₹2 lakh from the Prime Minister’s National Relief Fund for each victim’s family and ₹50,000 for the injured.

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A catastrophic fire tore through the Rituraj Hotel, a budget lodging in the crowded Mechuapatti area of Burrabazar, central Kolkata, on Tuesday evening, killing at least 14 people and injuring 13 others, police reported.

The blaze, which erupted around 7:30 p.m., transformed the four-storey building into a death trap, with most victims succumbing to suffocation, while others perished after leaping from upper floors in desperation.

Kolkata Police Commissioner Manoj Verma initially reported 15 fatalities but later revised the toll to 14 after verifying hospital and rescue records. “There was some confusion in early reports, but we’ve confirmed 14 deaths,” Verma told reporters.

Of the deceased, 11 were men, and eight have been identified, including a woman and two children—a boy and a girl. Eyewitnesses recounted scenes of chaos, with flames bursting through windows and dense black smoke clogging corridors, trapping guests who screamed for help or jumped to escape.

The state Fire and Emergency Services Department deployed 10 fire tenders, battling the inferno for nearly 10 hours before containing it by Wednesday morning. A senior officer revealed that the hotel, housing 88 guests across 42 rooms, lacked adequate escape routes, exacerbating the tragedy. “Most victims were overcome by smoke and couldn’t reach safety,” the officer said, noting that a forensic team has cordoned off the site for a detailed probe.

West Bengal Chief Minister Mamata Banerjee, who monitored rescue efforts overnight, confirmed the death toll and ordered a comprehensive investigation, citing combustible materials stored in the building as a key factor in the fire’s rapid spread. “My heart aches for the victims’ families. We’ve lost 14 lives due to suffocation and falls. The state will provide ₹2 lakh to each deceased’s kin and ₹50,000 to the injured,” Banerjee posted on X, praising the fire services, police, and local residents for rescuing 99 people under harrowing conditions.

Prime Minister Narendra Modi expressed anguish, announcing ₹2 lakh from the Prime Minister’s National Relief Fund for each victim’s family and ₹50,000 for the injured. “My condolences to those who lost loved ones. May the injured recover swiftly,” his office stated on X.

The Kolkata Police formed a Special Investigation Team (SIT) to investigate the fire’s cause and scrutinize safety lapses. Fire and Emergency Services Minister Sujit Bose, who initially cited 15 deaths, aligned with the revised toll of 14. Meanwhile, Union Minister and state BJP president Sukanta Majumdar criticized Banerjee for attending a religious event in Digha during the crisis, accusing her of prioritizing “political posturing” over governance. “While citizens burned, the CM remained silent, exposing her administration’s failures,” Majumdar said, urging BJP workers to aid relief efforts.

TMC MP Abhishek Banerjee offered condolences, emphasizing the state’s commitment to relief and rehabilitation. “We stand in solidarity with the affected, and our administration is working tirelessly to support them,” he posted on X.

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Pahalgam attack suspect Hashim Moosa, ex-Pakistan commando, still at large in south Kashmir

Security agencies have launched a full-scale manhunt for Hashim Moosa, a former Pakistani commando turned Lashkar-e-Taiba terrorist, accused of masterminding the deadly Pahalgam attack.

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In the aftermath of the chilling Pahalgam terror attack that claimed the lives of 25 tourists and a local pony ride operator, Indian security agencies have launched an intensified search operation in south Kashmir to track down Hashim Moosa, a suspected key perpetrator of the attack.

Moosa, believed to be hiding in the dense forests of south Kashmir, is said to have previously served as a para-commando in Pakistan’s elite Special Service Group before joining the Lashkar-e-Taiba (LeT). Intelligence agencies have confirmed that Moosa infiltrated into India in 2023 and has since been linked to several deadly assaults in the Valley.

Hashim Moosa: A high-profile fugitive with a violent trail

Officials revealed that Moosa was involved in at least six terror strikes across Jammu and Kashmir. Notably, he played a role in the October 2024 Ganderbal attack, which left seven civilians dead, and an earlier assault in Baramulla that killed four security personnel.

The Pahalgam carnage, which saw unarmed tourists and a Kashmiri pony handler shot dead in cold blood, has been attributed to three main figures: Lashkar-e-Taiba chief Hafeez Saeed and his deputy Saifullah Kasuri—both currently in Pakistan—and Hashim Moosa, who remains at large in Indian territory.

Alongside Moosa, two other operatives—Adil Thoker and Asif Sheikh—have also been named in connection with the Pahalgam tragedy. Authorities have announced a reward of ₹20 lakh for credible information on each of the three, assuring full confidentiality to informants.

Diplomatic fallout deepens between India and Pakistan

The barbaric attack has significantly escalated tensions between India and Pakistan. In response, New Delhi has suspended the Indus Waters Treaty and halted all visa services for Pakistani nationals. Pakistan has countered by warning it may withdraw from all existing bilateral agreements, including the historic Simla Agreement that defines the Line of Control.

Security agencies are prioritizing the capture of Hashim Moosa alive to establish conclusive evidence of Pakistan’s direct involvement in the attack. The high-stakes operation continues in the rugged terrain of south Kashmir, with forces combing forests and intercepting potential escape routes to Pakistan.

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