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Supreme Court rules Delhi Lieutenant Governor can nominate MCD aldermen without AAP government’s advice

The bench had, last year, reserved its verdict in the matter and the verdict was pronounced by Justice PS Narasimha.

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In a setback for the Aam Aadmi Party Government in Delhi, the Supreme Court has held that the Lieutenant Governor can nominate aldermen to the Municipal Corporation of Delhi without the aid and advice of the Delhi Government.

The three-judge bench, led by Chief Justice of India Justice DY Chandrachud, said the power vested in the LG to nominate members to the civic body is a statutory power, not an executive power. The bench had, last year, reserved its verdict in the matter and the verdict was pronounced by Justice PS Narasimha.

Justice Narasimha held that a larger background encompasses these provisions; Section 3(3)(b) says that the LG can appoint 10 persons “having special knowledge or experience in municipal administration.”. To further repudiate the idea that the LG’s power is merely an issue of semantics, he said that this is the parliamentary law, and parliamentary law mandates the LG’s discretion—and also further added that this squares perfectly with the exceptions contained in Article 239. He also pointed out that the 1993 DMC Act actually vested this nominating power in the LG, thus defeating arguments that this is an obsolete practice.

Justice Narasimha referred to a judgment by a five-judge bench of the apex court that clearly laid down Parliament’s supremacy to enact laws for the state and the concurrent lists pertaining to Delhi and which snuffed out the AAP government’s argument against LG’s powers of nomination.

The 250-member-strong MCD has 250 elected members besides ten nominated members. The MCD is presently being ruled by the AAP, holding 134 seats taken during the 2022 elections; the rest, 104, were held by the BJP. Only a year earlier, the Supreme Court had expressed fears that such empowerment of the LG would make the functioning of an elected civic body unstable.

Senior advocate Abhishek Singhvi, for the Delhi government, contended that nominating members of the MCD was traditionally not a separate power of the state government; the state cited that for three decades, the practice was that the LG would nominate the aldermen on the recommendations of the city government. Adding to that, Additional Solicitor General Sanjay Jain, for the office of the LG, said a long-standing practice does not necessarily sanctify its correctness.

The AAP described the Supreme Court verdict as a “jolt to democracy.”. Party MP Sanjay Singh said bypassing an elected government does not fit into any rulebook of democracy and informed the party that it would now take a decision on what it would do next after going through the judgment. Singh said the observations made by the bench earlier proved to the contrary after the judgment.

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Mamata Banerjee makes surprise visit to protest site of junior doctors, says last attempt to resolve crisis

“This is my last attempt to resolve the crisis,” Banerjee said.

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West Bengal Chief Minister Mamata Banerjee on Saturday made a surprise visit to the site where the junior doctors were protesting, and assured them that she would look into their demands and take action if anyone was found guilty. She said this was her last attempt to resolve the crisis.

Addressing the protesting doctors amid chants of “we want justice” outside the Swasthya Bhawan in Salt Lake, Banerjee said she was spending sleepless nights as the medics were agitating on the road amid rains.

Banerjee said, “I came to meet you as your ‘didi’ not as the Chief Minister.”

“I assure you that I will study your demands and take action if someone is found guilty,” she added, urging the protesting doctors to return to work.

The West Bengal Chief Minister also announced that all state-run hospitals’ patient welfare committees were dissolved immediately.

“This is my last attempt to resolve the crisis,” Banerjee said.

After the Chief Minister left the site, the agitating doctors said they were not ready to compromise on their demands till discussions were held.

The medics have been camping outside Swasthya Bhawan, the headquarters of the State Health Department, since Tuesday with a host of demands, including better security at state-run hospitals and the removal of top officials over the rape and murder of the doctor at the RG Kar Medical College and Hospital.

Last month, Banerjee denied claims accusing her of threatening doctors and alleged that a malicious disinformation campaign was unleashed against her speech yesterday. 

The Chief Minister asserted that she did not utter a single word against medical students or their movement against the rape and murder of a doctor in Kolkata’s RG Kar Medical College and Hospital.

Banerjee promised to bring amendments to laws to ensure capital punishment for convicted rapists. Speaking at the foundation day of the party’s student wing, Banerjee warned the state governor of the protest outside the Raj Bhavan here if the governor delays in giving assent to the amended bill or forwards it to the President for ratification.

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Arvind Kejriwal gets bail but can’t go to Delhi CM office or Secretariat

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Delhi Chief Minister Arvind Kejriwal on Friday got bail from the Supreme Court over the corruption allegations being investigated by the CBI in the Delhi liquor policy scam case. He had already got bail in the same liquor policy case being investigated by the Enforcement Directorate.

The bench of Justice Surya Kant and Justice Ujjal Bhuyan delivered its verdict on two petitions filed by Kejriwal challenging his arrest and seeking bail in the case registered by the CBI under the Prevention of Corruption Act.

The Apex Court allowed the bail petition of Kejriwal on the grounds that the charge sheet has been filed in the case and that the trial was unlikely to be completed in the near future.

The same conditions imposed by the coordinate bench while granting interim bail in the ED case will apply here too. Despite being on bail, Kejriwal would not be able to visit the office of the Chief Minister and the Delhi Secretariat.

The two judges passed separate but concurrent judgments on the matter. Terming Kejriwal’s as legal, which did not suffer from any procedural irregularity, Justice Kant held there was no merit in the contention that CBI failed to comply with the mandate of Section 41 of the Code of Criminal Procedure while arresting him.

Justice Bhuyan differed in his opinion regarding the need and necessity to arrest Kejriwal. He held that the arrest by CBI was only to frustrate the bail granted to Kejriwal in the money laundering case.

The CBI did not arrest Kejriwal for 22 months and only swung into action after the trial court granted him regular bail in the ED case. Such action raised serious questions over the arrest itself, said Justice Bhuyan, adding that he failed to understand the great urgency on the part of CBI to arrest the appellant when he was on the cusp of release in the ED case.

Justice Bhuyan further said that when Kejriwal was granted bail in the money laundering case despite the stringent conditions under the PMLA, his further detention in the predicate offence (CBI case) became untenable. It was a travesty of justice to keep the appellant in jail on these grounds, especially as he has been granted bail in a more stringent PMLA case, he added.

Justice Bhuyan further expressed reservations about the bail condition that Kejriwal should not visit the CM’s office or the Secretariat. Justice Bhuyan also reminded the CBI of its duty to ensure that its investigations were fair.

One of the present petitions filed by Kejriwal challenged the Delhi High Court order of August 5, which rejected his plea against the CBI arrest. The single-judge bench had, however, granted liberty to Kejriwal to approach the trial court for bail.

The national convenor of the Aam Admi Party (AAP) had filed another special leave petition challenging the High Court’s refusal to consider his bail plea. Kejriwal was arrested by the CBI on June 26, 2024, while he was in the ED custody in the Delhi liquor policy case.

On July 12, the Supreme Court granted Kejriwal interim bail in the money laundering case, while referring his petition challenging ED arrest to a larger bench. However, he continued to remain in custody due to the CBI case.

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At aviation conference, PM Modi says air taxis will be reality soon

Speaking at Bharat Mandapam, PM Modi said under the UDAN scheme, 14 million passengers have travelled so far.

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Prime Minister Narendra Modi on Thursday highlighted the growth of the Indian civil aviation sector and said air taxis will soon become a reality as the government prepares the country for advanced air mobility. 

Addressing the Second Asia Pacific Ministerial Conference on Civil Aviation in the national capital, PM Modi suggested the idea of having an international Buddhist circuit.

The Prime Minister emphasised that the civil aviation sector has a major role in the growth and creation of jobs. PM Modi said efforts should be made to ensure that the skies remain open for all and that people’s dream of flying is fulfilled.

Under the regional air connectivity scheme UDAN, which has helped lower middle-class people to fly, 14 million people have travelled by air, PM Modi said.

According to the Prime Minister, a growing middle class and their demand are driving forces for the civil aviation sector, and UDAN has made air travel inclusive.

Furthermore, he said, “Today, India remains one of the strong pillars of the world’s top civil aviation ecosystems because the growth of our civil aviation sector is unprecedented. In just one decade, India has shown a huge transformation. In a few years, India has transformed from an aviation-exclusive country to an aviation-inclusive country.”

PM Modi said there was a time when air travel in India was exclusive to only a few people. Some big cities had good air connectivity, and some rich people used to take advantage of air travel regularly but today the situation in India has completely changed.

Speaking at Bharat Mandapam, PM Modi said under the UDAN scheme, 14 million passengers have travelled so far.

“Lakhs of these people have seen an airplane from inside for the first time. In 10 years, the number of airports in India has doubled. Airlines are also aware of this. This is the reason why Indian airlines have ordered more than 1200 new aircraft,” the Prime Minister said.

The two-day conference, which started on Wednesday, brings together transport and aviation ministers, regulatory bodies, and industry experts from across the Asia Pacific region. Around 300 representatives from 29 countries attended the conference.

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