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Sachin Pilot case: Breather for warring factions: Verdict on Friday

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6 years ago

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Sachin Pilot

On day 3, Pilot’s counsel says Article 226 gives high courts authority over a Speaker’s actions; ‘What has been done (by the Speaker) was in total violation of the principle of natural justice,” says Mukul Rohatgi; HC asks Speaker to take no action on Pilot and dissidents till Friday’s verdict.

Rajasthan’s 19 dissident MLAs, headed by Sachin Pilot have received a ‘breather’ from the Rajasthan High Court. To be frank, so have CP Joshi, the speaker of the Rajasthan Assembly, as well as Chief Minster Ashok Gehlot. They will have to wait till Friday, when the court will deliver its verdict. The speaker has been directed by the court to not take any action against the dissidents till the verdict is announced.

Three days of the hearings concluded this afternoon.

The third day’s hearing, today, was virtually taken over by Senior Advocate Mukul Rohatgi, who argued that Article 226 gives high courts jurisdiction over Speaker’s actions. Also in the highlight was senior advocate Devdutt Kamat’s argument that voluntary giving up of membership does remain an issue for Sachin Pilot and his men.

On the third day of hearing of the submissions in the petition filed by dissident Congress MLAs, led by Sachin Pilot, Rohatgi today (July 21) argued for the petitioners and cited powers that high courts have under Article 226 of the constitution. As per that article, high courts can exercise jurisdiction over an Assembly Speaker’s actions.

Yesterday the Speaker’s counsel, Abhisekh Manu Singhvi, had stressed that the Speaker was beyond the purview of the High Court of Rajasthan.

As hearings began on the third day Rohatgi defined the powers of the high court as per Article 226 of the Constitution.  He said that under 226, the powers of the high court cannot be curtailed by the constitution or anything else. He said it was part of the basic structure. He said that this was wider than even article 32. Therefore, he said, that the Speaker’s argument that the court cannot act on his decisions is wrong.

What does Article 226 say?

“Article 226 of the Constitution empowers the high courts to issue, to any person or authority, including the government (in appropriate cases), directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, certiorari or any of them.”

Judgment with facts

Rohatgi clarified that the Kihoto judgment, as referred to in court yesterday, be read according to the facts. “No judgment can be read in vacuum or without the facts,” he said. Reading the judgment, he said that the entire emphasis was on defection from one party to other party. “When you quote Aaya Ram Gaya Ram, you cross the floor.”

Rohatgi also cited the 2008 Deepak Bajaj judgment by Justice Katju.

“I am attacking the motive on several grounds,” he said. “Please note: Notice issued the day complaint is made, maybe even in a few hours same day. The legislative rules of Assembly derive their validity from the Constitution, they are not subordinate. They state that on receiving a complaint he (the Speaker) examines it and is prima facie satisfied. All this was thrown out of the ring. There is nothing on record to show that this was done.”

He added that a normal law under 226, a challenge to a show cause notice, will be entertained on well known factors, such as excess of jurisdiction, colourable exercise of power, etc. “I am saying what has been done was in total violation of the principle of natural justice.  Schedule 10 doesn’t allow a show cause on these facts.”

Citing the case of MLA Dilawar, Rohatgi said: “If there was a lockdown till July, what about Dilawar’s case? Was this more important than him? The proceedings reek of malafide. And this is done during a pandemic! We are amidst COVID. My question is, what was the tearing hurry?”

He added: “The rules say that within 7 days, or such extended period as there may be. The Speaker can, therefore, extend the time period.According to rules, the procedure is like in a court. there are arguments, cross examinations, evidence, etc. The court must ask the Speaker to file a better affidavit answering all the questions raised.”

He also said: “Historically. or ironically, the power should be vested in a neutral tribunal.” He cited the Manipur case that dealt with the fact that Speaker came from a political party.

Stress on membership

Senior Advocate Devadatt Kamat, arguing for Congress and the Speaker, went through the Rajasthan Legislative Assembly Rules of Procedure and said that those rules do not say that reasons need to be recorded in the notice, at this stage. He said: “A lot of things were said, but I’ll not respond to those. I’ll keep within my ‘maryada’.

Continuing from yesterday, Kamat said that there was no rebuttal from either counsels Salve or Rohatgi on the point that the action of Sachin Pilot-led MLAs amount to voluntary giving up of party membership. He said Parliamentary Committee reports with respect to the Tenth Schedule observed that those who wreck inner party discipline must pay the price with disqualification.

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Lt Gen Dhiraj Seth appointed next Army chief, to take charge on June 30

The government has appointed Lt Gen Dhiraj Seth, currently the Vice Chief of Army Staff, as the next Army chief. He will succeed General Upendra Dwivedi on June 30.

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1 day ago

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June 13, 2026

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The Centre has appointed Lieutenant General Dhiraj Seth as the next Chief of the Army Staff (COAS), paving the way for a leadership transition in the Indian Army later this month. Lt Gen Seth, who currently serves as the Vice Chief of the Army Staff, will succeed General Upendra Dwivedi upon the latter’s retirement on June 30, 2026.

The appointment was announced on Saturday, with the government confirming that Lt Gen Seth will assume office from the afternoon of June 30. He will take over command after General Dwivedi completes his tenure as the Army’s 30th chief.

Veteran Armoured Corps officer

An officer of the Armoured Corps, Lt Gen Seth was commissioned into the Indian Army in December 1986 after graduating from the National Defence Academy. Over nearly four decades of service, he has held a range of operational, command, staff and strategic appointments across the Army.

Before becoming Vice Chief on April 1, 2026, he served in several senior leadership roles, including heading the Southern Command and South Western Command. He has also commanded formations such as the Delhi Area and the XXI Corps during his military career.

Leadership transition in the Army

Lt Gen Seth’s elevation comes as the Army prepares for a change of command at the highest level. His appointment follows his move to Army Headquarters as Vice Chief earlier this year, a role he assumed on April 1.

The Ministry of Defence said the incoming Army chief brings extensive experience from command, operational and strategic assignments across diverse military domains.

With the appointment, Lt Gen Seth is set to lead the Indian Army through the next phase of its modernisation and operational preparedness efforts after taking charge at the end of the month.

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IAF AN-32 aircraft crashes while landing at Assam’s Jorhat airbase, five personnel killed

Five Indian Air Force personnel were killed after an AN-32 transport aircraft crashed while landing at Jorhat Air Force Station in Assam. The IAF has ordered a court of inquiry into the accident.

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1 day ago

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June 13, 2026

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An Indian Air Force (IAF) AN-32 transport aircraft crashed while attempting to land at Jorhat Air Force Station in Assam on Saturday, resulting in the deaths of five Air Force personnel. The accident occurred during a routine sortie and triggered an emergency response at the airbase.

According to the IAF, the aircraft met with the accident during the landing phase at Jorhat. The force later confirmed the loss of five personnel and expressed condolences to their families. A court of inquiry has been ordered to determine the circumstances that led to the crash.

Court of inquiry ordered

The Indian Air Force said a formal investigation will examine the cause of the accident. Officials have not yet disclosed what may have led to the crash, and the inquiry is expected to review technical, operational and environmental factors.

Reports indicated that the co-pilot survived the accident and is undergoing medical treatment.

Personnel who lost their lives

The IAF identified the five personnel killed in the accident as:

  • Squadron Leader Prashant Singh
  • Flight Lieutenant Shubham Kumar
  • Sergeant Jitendra Sharma
  • Agniveervayu Khemaram Kumawat
  • Agniveervayu Danish Alam

The Air Force said it stands with the bereaved families during this difficult time.

AN-32’s role in the Air Force

The AN-32 is a twin-engine transport aircraft that has been a key part of the Indian Air Force’s logistics operations for decades. It is widely used to transport personnel, equipment and supplies, particularly in remote and high-altitude regions. India remains one of the largest operators of the aircraft type.

The crash comes months after a Sukhoi Su-30MKI fighter aircraft accident in Assam that claimed the lives of two IAF pilots.

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Delhi records coolest day of June so far as rain and thunderstorms bring relief from heat

Delhi recorded its coolest day of June after rain and thunderstorms caused a sharp drop in temperatures. IMD has forecast more showers and gusty winds before temperatures begin rising again.

Published

2 days ago

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June 13, 2026

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Delhi weather today

Delhi witnessed its coolest day of June so far after widespread rain and thunderstorm activity caused temperatures to drop significantly across the national capital. The change in weather provided much-needed relief from the intense summer heat that had gripped the region in recent weeks.

According to the India Meteorological Department (IMD), rain and thunderstorms over the past 24 hours brought a noticeable decline in both maximum and minimum temperatures. Official weather observations showed that Delhi’s maximum temperatures fell well below normal levels, while several areas experienced strong winds and rainfall.

More rain and thunderstorms likely

The IMD has forecast additional thunderstorms, light to moderate rain and gusty winds for Delhi and nearby areas through Saturday. A yellow alert remains in place, with weather conditions expected to stay unsettled before gradually improving.

Weather experts have attributed the recent change to the influence of a western disturbance and associated weather systems affecting northwestern India. While the disturbance is gradually moving away, its impact is expected to continue for a short period.

Temperatures may rise again next week

Meteorologists expect the pleasant conditions to last for another couple of days. After that, temperatures are likely to begin rising again as rainfall activity decreases. The IMD’s latest forecast also indicates a gradual increase in temperatures by the middle of next week.

Recent weather systems have brought relief not only to Delhi but also to parts of Uttar Pradesh, Rajasthan and other northern states, where thunderstorms and rain have helped ease heatwave conditions.

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