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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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India stresses mutual respect in ties with Italy after Congress’ Meloni remark

India stressed mutual respect and understanding in its ties with Italy after Congress leaders, including Rahul Gandhi, made remarks involving Giorgia Meloni.

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India underlined the importance of maintaining mutual respect and understanding in its relationship with Italy, a day after Congress leaders, including Rahul Gandhi, took a swipe at Prime Minister Narendra Modi’s handling of foreign policy.

The Ministry of External Affairs said India and Italy share strong bilateral ties and expressed its commitment to further strengthening the relationship.

“We share deep and strong ties with Italy, and we are committed to further strengthening this relationship,” the MEA said. It added that friendship and bilateral relations between countries should be maintained within a framework of mutual respect and understanding.

The statement came after a political controversy over remarks made at a Congress event in Delhi.

Rahul Gandhi’s mock hug draws BJP criticism

At the Congress event, Rahul Gandhi greeted party leader Sandeep Dikshit with a mock hug. Gandhi had earlier criticised the Prime Minister’s approach to diplomacy, suggesting that it was being reduced to symbolic gestures such as hugging foreign leaders.

Dikshit then brought Italian Prime Minister Giorgia Meloni into the exchange with a remark, following which Rahul Gandhi played along.

The episode drew sharp criticism from BJP leaders, who accused the Congress leader of using inappropriate language against the Prime Minister and lowering the dignity associated with the office of the Leader of Opposition.

Union Education Minister Pralhad Joshi questioned Rahul Gandhi’s conduct and said India required mature leadership. He also criticised remarks in which Gandhi had referred to the government as “jokers and clowns”.

BJP leaders target Rahul Gandhi

Union Minister Giriraj Singh also attacked Rahul Gandhi, describing him as “mentally frustrated” and questioning his conduct.

BJP MP Bansuri Swaraj said Rahul Gandhi’s language was inconsistent with the dignity expected from the Leader of Opposition.

BJP leader Shehzad Poonawalla also criticised the Congress leader, saying that while disagreement with Prime Minister Modi was legitimate, bringing a foreign woman leader into what he described as a crude joke was neither appropriate nor statesmanlike.

The MEA’s statement, meanwhile, focused on India’s bilateral relationship with Italy and reiterated that mutual respect and understanding remain important to maintaining ties between the two countries.

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Assam BJP leader Bikash Dhar found dead, 5 arrested for murder

BJP leader Bikash Dhar, 52, was found dead in an abandoned house in Assam’s Sribhumi district after being reported missing on August 12. Police have arrested five people in connection with the alleged murder.

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A 52-year-old BJP leader who had been missing for two days was found dead in Assam’s Sribhumi district on Friday, with police alleging that he was murdered.

Bikash Dhar, a resident of Chagalmowa village under Bazaricherra police station, was found dead inside an abandoned house in the Yogicherra area near the Tripura border on Friday morning.

Dhar’s family had filed a missing complaint on August 12 after he left home following a phone call.

According to his son Madan Dhar, Bikash left around 1 pm after saying that he had to attend an emergency meeting. When he did not return and his phone was switched off, the family began searching for him and later approached the police.

Five arrested in murder case

Sribhumi Superintendent of Police Leena Doley said an investigation was launched after the missing complaint was received. The probe was conducted under the supervision of the Additional Superintendent of Police (Crime).

Police said five people have been arrested in connection with the alleged murder. They were identified as Abdul Salam, Sifat Ali, Abdul Ahad, Saiful Ali and Badrul Haque.

According to the police, interrogation of Abdul Salam revealed that the accused had an enmity with Dhar. Police alleged that the group killed him and dumped his body near a water body.

Another person, identified as Sunam Miya, was named during the investigation and reportedly fled to Tripura on the night of the incident.

Police find injury and cut marks on body

Police said injury and cut marks were found on Dhar’s body, and a murder case has been registered.

During the recovery of the alleged weapon, police said accused Badrul Haque attempted to escape from custody. A police constable was injured during the incident.

Police said they fired at Haque’s leg to prevent him from escaping, resulting in a bullet wound.

The investigation into the circumstances surrounding Dhar’s death and the alleged involvement of the accused is underway.

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Jharkhand CID raids multiple locations in JPSC exam irregularities case 

Jharkhand CID conducted raids across several districts to arrest seven accused in a case involving alleged irregularities in JPSC competitive examinations.

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The Jharkhand Crime Investigation Department (CID) has conducted raids at several locations across the state as part of its investigation into alleged irregularities in competitive examinations conducted by the Jharkhand Public Service Commission (JPSC).

According to a CID press release, the searches were carried out to arrest seven accused named in Case No. 16/2026 and execute warrants issued against them.

The accused have been identified as Aditya Pandey, Pawan Kumar Singh, Ravishankar Kumar, Santosh Kumar Singh, Sanand Prakash, Lalu Kumar Yadav and Saurabh Kumar Pandey.

The CID conducted searches in several districts as part of efforts to apprehend the accused. The agency said its investigation into the case is continuing.

CID examining evidence in exam irregularities case

The case relates to alleged irregularities in various competitive examinations conducted by the JPSC.

As part of the investigation, the CID has begun matching OMR carbon copies obtained during the probe and examining other evidence collected in the case.

The agency said further action would be taken according to law on the basis of the evidence gathered. It added that legally permissible action against those found involved in the case is underway.

ABVP protests over JPSC, JSSC exams

The CID raids come amid protests over alleged irregularities and paper leaks in examinations conducted by the JPSC and Jharkhand Staff Selection Commission (JSSC).

On August 13, the Akhil Bharatiya Vidyarthi Parishad (ABVP) held protests in several cities, demanding a Central Bureau of Investigation (CBI) probe and strict action against those responsible.

In New Delhi, students and ABVP workers protested outside Jharkhand Bhawan, calling on the Jharkhand government to take steps to restore confidence in the examination system.

According to the ABVP, similar protests were held in Lucknow, Kolkata, Guwahati, Agartala, Jaipur, Hyderabad, Ahmedabad, Surat, Gorakhpur, Jodhpur, Kota, Raipur, Bhubaneswar, Varanasi and Prayagraj, as well as at university campuses.

The student organisation has sought an impartial CBI investigation into alleged irregularities in JPSC and JSSC examinations. It has also demanded cancellation of the JSSC CGL examination, citing concerns over its integrity, along with fresh examinations where irregularities have been reported.

Meanwhile, JPSC-JSSC aspirants continue to protest at Jaipal Singh Munda Stadium in Ranchi. The ABVP has also alleged that students protesting peacefully on August 10 and 11 faced lathi-charge, water cannons and arrests.

Jharkhand CID has conducted raids at multiple locations in connection with alleged irregularities in JPSC competitive examinations and efforts to arrest seven accused named in Case No. 16/2026.

The action comes amid continuing student protests demanding a CBI probe into alleged JPSC-JSSC exam irregularities.

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