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J&K: 5-judge Constitution bench to hear plea against Modi govt’s move on Art 370

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The Supreme Court today (Wednesday, Aug 28) referred to a five-judge Constitution Bench the petitions challenging the Narendra Modi government’s revocation of special status of the State of Jammu and Kashmir under Article 370 and bifurcation of the state into two Union Territories.

The bench of CJI Ranjan Gogoi, Justice SA Bobde and Abdul Nazeer issued notice in the matter while fixing the first week of October to hear it. The court also sought a response from the Centre and Jammu and Kashmir administration.

“We will refer the matter to a five-judge Constitution bench”, the bench said while not accepting the arguments that the issuance of notice will have a “cross-border repercussion”.

The government, represented by Attorney General KK Venugopal and Solicitor General Tushar Mehta, were urging the court to exercise restraint as far as orders and oral observations on Jammu and Kashmir were concerned.

“Notice is issued for the purpose of intimating parties to be present for the hearing. We are already here”, said Mehta, adding that “it had repercussions in other countries”. Ramachandran wondered how the court issuing notice in the normal course “can embarrass anyone”.

Mehta replied that it “doesn’t embarrass anyone, but other countries are taking advantage”. Attorney General KK Venugopal also urged the court not to issue a notice saying “this is a very serious issue”.

As the counsel appearing for both sides were involved in arguments and counter-arguments, the bench said, “We know what to do, we have passed the order, we are not going to change”.

“Let all the petitions on Article 370 issue go to a five-judge Bench for hearing,” Chief Justice of India (CJI)Ranjan Gogoi, heading the three-judge Bench, said.

The CJI indicated the Constitution Bench may start hearing the matter from October beginning.

On communication blackout in Kashmir

The bench also issued notice on the petition by Kashmir Times Executive Editor Anuradha Bhasin challenging what she claimed was the “communication blackout” in J&K.

Her petition sought a relaxation of restrictions and to allow journalists “to practise their profession and exercise their right to report freely on the situation prevailing in J&K after clampdown on the entire State on August 4, 2019”.

Bhasin, represented by senior lawyer Vrinda Grover, described the ground situation as that of “absolute and complete Internet and telecommunication shutdown, severe restrictions on mobility and sweeping curtailment on information sharing in the Valley, at a time when significant political and constitutional changes are being undertaken in Delhi to the status of J&K”.

She said the information blackout was “fuelling anxiety, panic, alarm, insecurity and fear among the residents of the Kashmir”.

Also Read: J&K: Modi govt sets up 5-member Group of Ministers to draw up development plan

Yechury allowed

The three-judge Bench also allowed Sitaram Yechury, general secretary of the Communist Party of India (Marxist), to visit Jammu and Kashmir to meet his party colleague MY Tarigami.

Yechury, represented by senior advocate Raju Ramachandran, said he wanted to meet Tarigami as there was no news of him. He wanted to know about the welfare and whereabouts of his colleague.

Mehta saidTarigami’s health was monitored every day and “he is hale and hearty”. “What can happen to him [Tarigami]? He is provided Z-category security.”

“Whether he has Z or Z Plus category, if a citizen wants to go and meet him, you have to let him,” Chief Justice Gogoi told Mehta.

Mehta said the government would make arrangements to escort Yechury.

The Chief Justice retorted, “You don’t escort, he [Yechury] will go on his own.”

Chief Justice Gogoi also agreed to Ramachandran’s assurance that Yechury would give an undertaking to limit his trip to J&K only to meet Tarigami and not travel around.

“If he does that, you report back to us,” the Chief Justice told Mehta.

Others petitions on Article 370 and J&K

National Conference leaders, and a Kashmiri lawyer are among the petitioners that have challenged the Centre’s August 5 decision to scrap Article 370.

The various petitions include one by the National Conference party challenging the Centre’s “unilateral” move to impose curfew and unravel the unique federal structure of India by dividing Jammu and Kashmir “without taking consent from the people,” IAS officer-turned-politician Shah Faesal, activist Shehla Rashid, Advocate ML Sharma and a plea by young lawyer Mohammed Aleem Sayed, worried about his aged parents in the Valley.

The petition filed by detained politician Shah Faesal and Shehla Rashid Shora contended that the August 5 Presidential Order and the Jammu and Kashmir Reorganisation Act of 2019 were arbitrary. They also challenged the proclamation of President’s Rule in the State in December 2018.

The three-judge Bench allowed the young lawyer Sayed to meet his parents. It asked the State to provide him adequate protection. The court took up his case first.

The main petitionschallenge the Centre’s sudden move to “unilaterally unravel the unique federal scheme, under cover of President’s Rule, while undermining crucial elements of due process and the rule of law”.

They said what happened to Jammu and Kashmir “goes to the heart of Indian federalism”.

The NC petition said, “National integration is best served by a pluralistic federal model. Under this model, one size need not always fit all.”

The petitions said the Presidential Order substituted the concurrence of the Governor for that of the State government to change the very character of a federal unit.

The Presidential Order took cover of a temporary situation, meant to hold the field until the return of the elected government, to accomplish a fundamental, permanent and irreversible alteration of the status of the State of Jammu and Kashmir without the concurrence, consultation or recommendation of the people of that State, acting through their elected representatives, they said.

They argued that the order used Article 370 to demolish Article 370. It amounted to the overnight abrogation of the democratic rights and freedoms guaranteed to the people of Jammu and Kashmir upon its accession.

The basic purpose of Article 370 was to facilitate the extension of constitutional provisions to the State in an incremental and orderly manner, based upon the needs and requirements, without dismantling the State Constitution.

The August 5 order, by replacing the recommendation of the ‘Constituent Assembly’ with that of the ‘Legislative Assembly’ in order to alter the terms of Article 370, assumed that the Legislative Assembly of the State of Jammu and Kashmir had a power that its own Constitution, under Article 147, denied to it. Thus, the August 5 order was ineffective, the petitions said.

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AAP targets Delhi LG with Ghajini dig over pollution row, BJP hits back

AAP’s ‘Ghajini’ dig at Delhi LG over air pollution has drawn a sharp response from the BJP, escalating the political blame game as the capital’s AQI remains poor.

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The political sparring over Delhi’s air pollution intensified after the Aam Aadmi Party (AAP) took a swipe at Lieutenant Governor Vinai Kumar Saxena using a film reference, prompting a sharp rebuttal from the Bharatiya Janata Party (BJP).

The exchange comes at a time when air quality in the national capital has shown marginal improvement but continues to remain in the “poor” category.

The trigger for the latest round of accusations was a letter written by LG Saxena to AAP’s national convener and former chief minister Arvind Kejriwal. In the letter, the LG claimed that when he had raised concerns about pollution during Kejriwal’s tenure as chief minister, the issue was played down. According to Saxena, Kejriwal had remarked that pollution becomes a topic of discussion only for a few days every year before fading from public attention.

AAP’s ‘Ghajini’ poster attack

Reacting to the letter, AAP accused the LG of shifting responsibility instead of addressing the ongoing pollution crisis. The party shared an edited image on X, portraying Saxena as the lead character from the film Ghajini, a role associated with short-term memory loss.

In the post, AAP alleged that the LG was ignoring the fact that the BJP is currently in power in Delhi and therefore accountable for managing the pollution situation. The caption accompanying the image read, “L – Low Quality; G – Ghajini,” while the poster claimed that the LG had “become Ghajini.” The visual also carried text suggesting blame being repeatedly placed on Arvind Kejriwal for rising AQI levels.

BJP’s response and counter-accusation

The BJP responded strongly to AAP’s jibe, asserting that while the present government is addressing pollution, responsibility for long-term damage cannot be ignored. Speaking to media, Delhi BJP chief Virendra Sachdeva said the party is answerable for current conditions but questioned whether it should also be held accountable for what he termed the failures of the previous AAP government over the past 12 years.

Sachdeva echoed the claims mentioned in the LG’s letter, stating that concerns over pollution were earlier dismissed as seasonal issues. He further argued that air pollution is a year-round problem and accused AAP of attempting to shift the entire burden onto a government that has been in office for only the past several months.

Referring to the ‘Ghajini’ poster, the BJP leader said that if forgetfulness was the theme, AAP should have used Kejriwal’s image instead, alleging that the former chief minister had distanced himself from his responsibilities after electoral setbacks. He added that the current administration would require time to correct what he described as mistakes made during the previous government’s tenure.

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Traffic slows in Himachal Pradesh as year-end tourist rush chokes roads to Shimla, Manali

Heavy tourist inflow during the Christmas-New Year period has slowed traffic in Himachal Pradesh, with Shimla, Manali and Dharamshala witnessing long vehicle queues.

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Shimla traffic

Traffic movement across key hill destinations in Himachal Pradesh slowed to a crawl as a heavy influx of tourists marked the year-end holiday season. Long weekends around Christmas and New Year prompted travellers, particularly from Delhi-NCR, to head towards Shimla, Manali and Dharamshala, leading to long queues of vehicles on mountain roads.

A major attraction this season is the nine-day Winter Carnival being held at the historic Ridge Ground in Shimla. The event has drawn visitors from different parts of the country, with many attending it for the first time. Tourists described the carnival as lively and enjoyable, especially for families visiting during Christmas week.

Some visitors said the festive atmosphere exceeded their expectations, while others felt the absence of snowfall slightly dampened the experience. Tourists from states including Uttar Pradesh, Punjab and Mizoram shared that snowfall during Christmas would have added to the overall charm of the hill station.

Heavy inflow of vehicles, police step up arrangements

Apart from Shimla, popular destinations such as Kullu-Manali and Dharamshala are also witnessing a steady rise in tourist numbers. Gramphu has emerged as the only snow spot currently accessible to non-4×4 vehicles, adding to the pressure on limited routes.

Police officials estimate that between 8,000 and 10,000 vehicles are entering Shimla daily during the Christmas-to-New Year period. Over the next seven days, more than three lakh tourists are expected to visit the state capital alone.

To manage traffic and ensure safety, around 400 police personnel have been deployed across sensitive and high-footfall areas. The Shimla police administration has appealed to tourists to follow traffic rules and cooperate with authorities. Officials said preparations have been made for crowd management, security checks and traffic regulation at major junctions, as congestion continues to build across the hill town.

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BJP gets its first mayor in Kerala as VV Rajesh takes charge in Thiruvananthapuram

The BJP has created history in Kerala after VV Rajesh was sworn in as Thiruvananthapuram’s first mayor from the party, ending decades of CPM control over the civic body.

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BJP

The BJP on Friday marked a historic political moment in Kerala after VV Rajesh was sworn in as the mayor of the Thiruvananthapuram Municipal Corporation. This is the first time the party has secured the mayor’s post in the state capital, signalling a significant shift in Kerala’s urban political landscape.

Rajesh’s election follows the party’s unexpected performance in the municipal elections held earlier this month, where the BJP emerged as the single-largest party by winning 50 of the 101 seats in the civic body.

Rajesh promises inclusive development across all wards

After taking oath, VV Rajesh said the focus of the new leadership would be on collective growth and inclusive governance. He stated that development work would be carried out across all 101 wards, with the aim of transforming Thiruvananthapuram into a developed city.

Rajesh secured 51 votes in the mayoral election conducted in the 100-member House, crossing the halfway mark. The CPM candidate RP Shivaji received 29 votes, while the Congress-led UDF nominee KS Sabarinathan got 19 votes. One independent councillor abstained, while support from another independent councillor proved crucial for the BJP’s victory.

Breakthrough comes ahead of key state election

The development comes less than six months before a major election in Kerala, a state where the BJP has historically struggled. The party has never formed a government in the state and has had limited legislative presence in the past.

The mayoral win also ends decades of control by the CPM over the Thiruvananthapuram civic body. The state capital is also a Lok Sabha constituency currently represented by Congress leader Shashi Tharoor.

BJP leadership targets governance overhaul

Following the swearing-in ceremony, Kerala BJP president Rajeev Chandrasekhar criticised the previous administration, alleging long-standing governance failures and corruption in the civic body. He said basic civic issues such as drainage, water supply and solid waste management had been neglected for years, and asserted that the new administration would begin work immediately to improve the city’s infrastructure.

The party has set a target of making Thiruvananthapuram one of the top cities in the country, according to Chandrasekhar.

Internal debate preceded mayoral choice

The selection of VV Rajesh as mayor followed internal discussions within the BJP. The party was reportedly divided between Rajesh and former Director General of Police R Sreelekha before consensus emerged in Rajesh’s favour. Sreelekha, who won from the Sasthamangalam ward, is known for her earlier role handling economic offence cases.

Union minister Suresh Gopi and Rajeev Chandrasekhar were present during Rajesh’s oath-taking ceremony.

Wider impact on Kerala’s political landscape

Overall results in the local body elections have posed challenges for the ruling Left Democratic Front, while the Congress-led United Democratic Front secured control of four out of six municipal bodies. Prime Minister Narendra Modi later described the BJP’s Thiruvananthapuram win as a “watershed moment,” crediting party workers for the breakthrough.

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