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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.

2024 Lok Sabha Elections

Mallikarjun Kharge vows to continue politics till his last breath to defeat BJP

The 81-year-old Congress leader was speaking at a election rally in Afzalpur and said that if the people did not vote for the Congress candidate, he would think that he did not have any place in Kalaburagi anymore.

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Congress President M Mallikarjun Kharge on Wednesday appealed to the people of Kalaburagi to at least attend his funeral if they thought he worked for them even though they do not wish to vote for Congress in the ongoing Lok Sabha elections.

The 81-year-old Congress leader was speaking at a election rally in Afzalpur and said that if the people did not vote for the Congress candidate, he would think that he did not have any place in Kalaburagi anymore. The Congress President sought an emotional chord with the people of his home district of Kalaburagi, Karnataka

The grand old party has fielded Kharge’s son-in-law Radhakrishna Doddamani from Kalaburagi, against BJP’s sitting MP Umesh Jadhav. Kharge had won the Lok Sabha elections from Kalaburagi in 2009 and 2014, but lost in 2019. He appealed to the voters to vote for Congress but at least come to his funeral if they thought that he had done some work in Kalaburagi. Kharge added that he would continue in politics till his last breath to defeat the BJP and RSS ideology.

The Congress leader said he is born for politics and whether or not he contests the election, he will continue to strive till his last breath to save the Constitution and democracy of the country. He asserted that he will not retire from politics. Kharge said that retirement happens from a position but one should not retire from his/her principles. He said he is born to defeat the ideology of the BJP and RSS and not to surrender before them.

He advised Karnataka Chief Minister Siddaramaiah, who shared the stage with him, to follow his principles. He said he had told Siddaramaiah many times that he may retire as CM or MLA, but he cannot retire from politics till he defeats the ideology of the BJP and RSS.

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2024 Lok Sabha Elections

Nitin Gadkari says he’s better now after collapsing at election rally in Maharashtra’s Yavatmal

A disturbing video of the incident – which was unfortunately streamed live on X (formerly Twitter), including by his own account – showed Nitin Gadkari being carried away by those on stage, many of whom rushed to form a shield around the BJP leader to give him, and those treating him, some privacy.

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Union Road Transport and Highways Minister Nitin Gadkari collapsed while speaking at an election rally in Maharashtra’s Yavatmal on Wednesday afternoon. Fortunately, the senior Bharatiya Janata Party leader received prompt treatment and was able, after a brief pause, to get back up on stage and continue his speech.

A disturbing video of the incident – which was unfortunately streamed live on X (formerly Twitter), including by his own account – showed Nitin Gadkari being carried away by those on stage, many of whom rushed to form a shield around the BJP leader to give him, and those treating him, some privacy.

Nitin Gadkari took to X and informed that he felt uncomfortable due to the heat during the rally in Pusad, Maharashtra. But now he is completely healthy and is leaving for Varud to attend the next meeting. He thanked his supporters and well wishers for their love and good wishes.

Gadkari, who fought the elections in the first phase of voting as BJP’s candidate from Nagpur Lok Sabha seat, was campaigning for Eknath Shinde-led Shiv Sena leader Rajashree Patil in Yavatmal’s Pusad. Addressing the rally, the union minister said, he was confident that the people of Yavatmal district, which has a constant tendency towards development, will give victory to the BJP-Maha alliance, which believes in all-round development.

Gadkari posted on X that as the nation moves towards a developed India, under the leadership of Prime Minister Narendra Modi, significant work has been done in the last 10 years in the areas of roads and highways as well as health, education and other sectors across the country. He said many schemes of the central government were successfully extended to the rural areas. Due to this, along with the city, the people of the rural areas are also able to benefit from many important facilities.

The Yavatmal constituency along with Akola, Buldhana, Amravati, Hingoli, Wardha, Parbhani and Nanded in Maharashtra are scheduled to vote in the second phase of the Lok Sabha election on April 26.

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2024 Lok Sabha Elections

PM Narendra Modi slams Congress over Sam Pitroda’s inheritance tax remarks, accuses Congress of intending to impose higher taxes

PM Modi was speaking at a public meeting in Chhattisgarh’s Surguja, where he alleged that the Congress wants to fill its own coffers by imposing ever higher taxes and not allowing people to pass on their hard-earned wealth to their children.

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Prime Minister Narendra Modi on Wednesday launched a scathing attack on Congress after Sam Pitroda advocated for a US-style inheritance tax amid the ongoing debate over wealth redistribution. The comments have further fuelled an already-raging controversy over Rahul Gandhi’s promise to conduct a wealth survey if the Congress won the Lok Sabha election.

PM Modi was speaking at a public meeting in Chhattisgarh’s Surguja, where he alleged that the Congress wants to fill its own coffers by imposing ever higher taxes and not allowing people to pass on their hard-earned wealth to their children.

The Prime minister said the advisor (Sam Pitroda) of the prince and the royal family had said some time ago that more taxes should be imposed on the middle class.  He said the Congress party says that it will impose an inheritance tax, and it will also impose tax on the inheritance received from parents. PM Modi added the children will not get the wealth that their parents accumulate through their hard work, rather the Congress party will snatch it away from them.

PM Modi said Pitroda’s remarks have exposed the dangerous intentions of the Congress.  He took a veiled jibe at the Congress and said the party has only one mantra – to loot people zindagi ke sath bhi, zindagi ke baad bhi (in life and even after death).

 The prime minister did not take any names and targeted the Gandhi family and said, those people who considered the entire Congress party as their ancestral property and handed it over to their children, now do not want Indians to pass on their property to their younger generations.

Indian Overseas Congress chairman Sam Pitroda while talking to the media backed his party’s stand on redistribution of wealth and called for a policy for the same while citing the concept of inheritance tax prevailing in some American states.

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