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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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Uttar Pradesh CM directs high vigilance ahead of Bakri Eid, orders strict compliance on sacrifice and prayers

Uttar Pradesh Chief Minister has directed state administrative and police heads to ensure strict vigilance ahead of Bakri Eid. Rules mandate animal sacrifice only at designated spots and prohibit road blockages for public prayers.

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Yogi Adityanath

In view of the upcoming festival of Bakri Eid, Uttar Pradesh Chief Minister Yogi Adityanath reviewed administrative and security arrangements across the state. In a high-level security meeting, the chief minister directed officials to strengthen vigilance and clearly specified that the ritual sacrifice of animals will not be permitted in public spaces under any circumstances.

The state administration clarified that sacrifices must take place strictly at pre-designated, approved locations, and no new religious practices or traditions are to be encouraged. The chief minister also reiterated the ongoing ban on the sacrifice of prohibited animals across the state.

Guidelines on public prayers and law enforcement

To ensure that public mobility and normal life are not disrupted, the administration has directed that namaz must be offered exclusively at traditional venues. The government statement explicitly noted that permission will not be granted to offer prayers by blocking roads under any circumstances.

To prevent any communal friction or law-and-order issues, police chiefs and district magistrates in sensitive areas have been instructed to act proactively. The chief minister interacted directly with administrative heads of highly monitored districts, including Aligarh, Bijnor, Saharanpur, Rampur, and Sambhal. Law enforcement agencies have been asked to analyze past incidents to identify potential disruptive elements and initiate preventive action. Furthermore, continuous foot patrolling and pre-festival flag marches are to be conducted near religious sites and in sensitive neighborhoods. Regular dialogue will also be maintained with local peace committees at the police station, tehsil, and district levels to foster communal harmony.

Cleanliness, waste management, and slaughterhouse checks

The state directives place heavy emphasis on hygiene and the systemic disposal of waste during the festive period. Every district must implement a well-planned system to manage and dispose of waste following ritual sacrifices.

Media reports highlight that the open sale of meat remains strictly prohibited, and illegal slaughterhouses will not be allowed to operate anywhere in the state. For authorized and licensed slaughterhouses, the administration has mandated that the number of animals kept must strictly align with the officially prescribed capacity. Additionally, round-the-clock power supply, sanitation, and municipal security will be monitored.

Preparations for Ganga Dussehra and community grievance redressal

The review meeting also outlined security and safety measures for the upcoming Ganga Dussehra festival. Districts such as Prayagraj, Varanasi, Ayodhya, Chitrakoot, Hapur, Muzaffarnagar, and Amroha have been instructed to ensure clean ghats, proper barricading, shade provisions, and efficient parking management. Given the prevailing intense heatwave conditions, the comfort and safety of visiting devotees must be treated as a top priority, with ambulances deployed near heavy footfall areas.

In a bid to improve governance, the chief minister also passed several other structural directives during the session. Weekly ‘chaupals’ (community gatherings) are to be organized at the block level to immediately resolve public grievances, including revenue disputes, domestic violence, extortion, and local police complaints. These gatherings will also serve to enroll eligible beneficiaries into pending government welfare schemes.

On the administrative and regulatory front, a crackdown against vehicles running without number plates has been initiated alongside the creation of a specialized task force to eliminate illegal mining. Urgent appointments will also be filled in districts currently lacking a chief medical officer. Concluding the meeting, the administration reviewed the Department of AYUSH, ordering effective steps to deploy the ‘AYUSH Health and Wellness Policy-2026’ to promote the state as a premier global wellness tourism destination.

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No uniform civil code provisions will be imposed on tribals, clarifies Amit Shah

Union Home Minister Amit Shah has assured tribal communities that the proposed Uniform Civil Code will not interfere with their customs, urging them not to be misled by misinformation.

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Union Home Minister Amit Shah on Sunday declared that the proposed Uniform Civil Code (UCC) will not impact tribal populations in any manner. He called upon the community to stay vigilant against “conspiracies” and misinformation circulating on the subject.

Addressing the Janjati Sanskritik Samagam—a tribal conclave organized by the Janjati Suraksha Manch at the Red Fort grounds to mark the 150th birth anniversary year of Birsa Munda—Shah stated that specific provisions have been implemented in states ruled by the ruling party to exclude tribal communities from the scope of the code.

Clarification on customs and traditions

The Home Minister highlighted that a deliberate narrative has emerged suggesting the proposed legislation would strip tribal societies of their distinct culture, traditions, and customary lifestyles.

He explicitly clarified that the central government has no intention of forcing UCC regulations upon tribal or Vanvasi communities. Shah pointed out that where regional administrations have initiated the code, care has been taken by the leadership to ensure that indigenous populations remain fully outside its jurisdiction. He requested attendees to disseminate this assurance deeply into forest zones and rural villages to erase lingering apprehensions.

Focus on security and community development

Beyond the legislative framework, Shah detailed the progress made toward curbing internal security threats, stating that the nation is steadily advancing toward eradicating Naxalism entirely. He noted that violent disruptions had severely restricted progress in these belts for decades, leading to the loss of thousands of tribal lives. According to the minister, regional stability will now pave the way for accelerated development across remote hills and forests.

The address also covered constitutional rights regarding personal faith. Shah mentioned that the original framework of the Constitution grants every citizen the dignity to practice their traditional beliefs without facing coercion, temptation, or material inducement for religious conversion.

Reflecting on financial allocations, the minister criticized earlier political administrations for keeping tribal welfare funding low. He underscored that the current administration under Prime Minister Narendra Modi significantly elevated the dedicated tribal budget from a previous Rs 28,000 crore to Rs 1.54 lakh crore. Terming the vast gathering a historical movement for cultural preservation, Shah described the societal awakening as a major step toward safeguarding tribal heritage for future generations.

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Petrol crosses Rs 100 mark in Delhi after fresh Rs 2 hike amid global tensions

Petrol and diesel prices have been hiked by Rs 2 per litre in Delhi, pushing petrol past the Rs 100 mark. The revision marks the fourth increase within two weeks, driven by the ongoing Iran-US conflict.

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Excise duty on petrol

In a significant blow to daily commuters, domestic fuel prices have been raised once again. Petrol and diesel rates were increased by Rs 2 per litre on Monday, marking the fourth such upward revision in the last two weeks. With this latest hike, the price of petrol has officially breached the psychological threshold of Rs 100 per litre in the national capital.

The consecutive revisions come on the back of severe disruptions in global oil supplies triggered by the ongoing military escalation between Iran and the United States. As international crude markets navigate the fallout of the West Asia crisis, domestic oil marketing companies have steadily passed the financial burden onto consumers to cope with surging production costs. Prior to this update, fuel rates had already experienced multiple sharp spikes over the last fortnight, compounding the financial strain on households.

Media reports indicate that while the central government had previously managed to hold steady on retail prices during the early phases of the geopolitical disruption, the sustained pressure on global energy supply routes has left local distributors with little choice but to adjust domestic rates accordingly.

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