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

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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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In Dussehra speech, RSS chief Mohan Bhagwat urges Hindus to unite, says Bangladesh violence is a lesson for all

“If we are weak, we are inviting atrocity. Wherever we are, we need to be united and empowered and weakness is not an option,” he asserted.

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Rashtriya Swayamsevak Sangh (RSS) chief Mohan Bhagwat on Saturday called for unity among Hindus citing the example of Bangladesh where, he said, for the first time, Hindus united and came out on roads to protect themselves.

Addressing the annual Vijayadashami program held at the RSS headquarters in Nagpur, Bhagwat said what is happening in Bangladesh is also a learning for Hindus in India.

“What happened in our neighbouring Bangladesh? It might have some immediate reasons and those who are concerned will discuss it. But the underlying issue is the repeated atrocities against Hindus,” he said.

The RSS chief, condemning the violence against Hindus in the neighbouring country, said that as long as the radical nature of committing atrocities out of anger persists – not only Hindus, but all minorities will be in danger.

“If we are weak, we are inviting atrocity. Wherever we are, we need to be united and empowered and weakness is not an option,” he asserted.

Bhagwat expressed concern over a prevalent narrative in Bangladesh that portrays India as a threat, leading to discussions about aligning with Pakistan due to its nuclear capabilities in response to the perceived threat from India. He highlighted how a country that India actively supported during its formation is now fostering such a negative narrative against India.

Indicating the countries behind such discussions, the RSS chief underscored their desire to instigate similar conditions within India. This push is driven by a goal to impede India’s progress and is attributed to forces promoting ideas like “Deep State”, “Wokeism” and “Cultural Marxism”.

Regarding the threats posed by these ideologies, Bhagwat emphasised how they aim to dismantle cultural traditions by influencing key societal institutions like education, media, and intellectual discourse. This process involves subverting the values, beliefs, and thoughts of society under the guise of these ideologies.

He further explained the tactics of these groups, which involve creating divisions within society based on identity, needs, or grievances, leading to a sense of victimisation and discontent. By exploiting these fault lines through the education system, media, and other institutions, they manipulate segments of society, fostering aggression and distrust to establish their dominance, and perpetuating an environment of dissent and fear.

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Three Malayalam actors booked for insulting modesty of woman actor through YouTube channels

The case against the Malayalam actors will be taken over by the Special Investigation Team (SIT) probing the cases against film personalities following the report of the Hema Committee.

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The Kerala police on Saturday said that it had booked three well-known Malayalam actors for allegedly defaming a woman artist through their YouTube channels.

According to reports, cases were registered against television-cinema actor Beena Antony, her actor-husband Manoj and award-winning actress Swasika for allegedly under Section 79 of BNS (Bharatiya Nyaya Sanhita), which refers to word, gesture or act intended to insult the modesty of a woman.

The complainant was the one who had recently raised allegations against some prominent actors in the Malayalam cinema after the release of the Justice Hema Committee report following which cases were against them, Nedumbassery police said.

The petitioner has filed complaints against several individuals, including actor-politician M Mukesh and the former secretary of the Association of Malayalam Movie Artistes, with the SIT. She alleged that the accused in this case made derogatory comments about her because she had complained against film personalities.

“In the complaint, she alleged that Beena Antony, Manoj and Swasika insulted her through their YouTube channels out of revenge as she raised allegations against prominent actors,” a police officer said.

The three well-known actors have been booked under the BNS Section 79 and the Kerala Police Act Section 120(o) (nuisance of himself to any other person through a means of communication).

The case against the Malayalam actors will be taken over by the Special Investigation Team (SIT) probing the cases against film personalities following the report of the Hema Committee.

Last month on September 25, Malayalam actor Edavela Babu was arrested by Kerala Police on Wednesday in a sexual assault case in the wake of the Hema Committee report. However, the actor was later released on bail soon since he had secured anticipatory bail from a district court in Ernakulam earlier this month.

The Justice Hema Committee, established by the state government in 2017, presented its report in 2019. However, legal obstacles delayed the public release of the report until recently.

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Amit Shah, JP Nadda greet RSS volunteers on its foundation day

The Rashtriya Swayamsevak Sangh (RSS) was founded in 1925 by Keshav Baliram Hedgewar in Nagpur on Vijayadashami.

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Union Home Minister Amit Shah and BJP president JP Nadda on Saturday greeted members of the RSS on the occasion of its foundation day.  

In a post on X, Shah said since its inception, the organisation has been doing a remarkable job of protecting Indian culture and inculcating the ideas of patriotism in youth. Swayamsevak Sangh, a unique symbol of discipline and patriotism, added Shah.

Nadda said RSS is the world’s largest voluntary organization committed to inculcating the spirit of service to the motherland, upliftment of culture and the powerful thoughts of nation first in the minds of every person.

“The contribution of @RSSorg in spreading national ideas in the society and nurturing the ideas of service to Mother India is commendable,” Nadda said in a post on X.

The Rashtriya Swayamsevak Sangh (RSS) was founded in 1925 by Keshav Baliram Hedgewar in Nagpur on Vijayadashami.

The Union Home Minister said RSS is empowering every section by accelerating the work of social service and through its educational efforts, creating patriots dedicated to the country’s welfare.

“On the one hand, RSS is empowering every section by accelerating the work of social service, and on the other hand, it is creating patriots dedicated to the country’s welfare through educational efforts,” the senior BJP leader said.

In another post on X, Shah also greeted the people of the country on the occasion of Vijayadashami. He said Vijayadashami is a symbol of the victory of ‘Dharma’ over ‘Adharma’ and truth over falsehood.

“This festival of Vijayadashami inspires everyone to eliminate the evils within themselves and follow the path of ‘Dharma’ and humanity. May Lord Shri Ram bless everyone. Jai Shri Ram,” he said in the message in Hindi.

Vijayadashami marks the end of Durga Puja and commemorates Lord Ram’s victory over demon king Ravan.

In a separate message, Shah also paid tributes to BJP leader Rajmata Vijayaraje Scindia on her birth anniversary. He said she was an epitome of simplicity and her courage and struggle during the Emergency played an important role in the restoration of democracy.

“The country will always remember Rajmata Scindiaji’s loyalty towards the country and her work for public welfare,” he said.

Scindia, who belonged to the Gwalior royal family, was a BJP vice-president and MP. She was born on October 12, 1919.

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