SC refuses to entertain PIL for reinstatement of Durga Sakhti

August 16, 2013

Durga_SakhtiNew Delhi, Aug 16: The Supreme Court today refused to entertain a PIL seeking reinstatement of suspended IAS officer Durga Sakhti Nagpal, who had cracked down on illegal sand mining in Uttar Pradesh.

Questioning the locus of a lawyer, who filed a PIL, a bench headed by Justice H L Dattu

dismissed the plea and said that it may entertain the petition if she (Nagpal) herself approaches the court.

The bench further said that the officer can take care of herself and can also approach the other authorities including a court, against her suspension order.

"The moment she approaches the court, we will hear her plea and we may pass an interim order," the bench said.

The court dismissed the petition filed by advocate M L Sharma, who had sought quashing of all the proceedings against Nagpal for allegedly demolishing of wall of a mosque.

The petitioner had submitted that Nagpal is suffering hardship for following Supreme Court's order on preventing unauthorised construction of religious buildings on public land and the apex court should protect her.

Contending that the action taken against Nagpal was arbitrary, unconstitutional and malafide, the PIL had sought quashing of all proceedings against the 2010 batch IAS officer who had clamped down on the mining mafia in Gautam Budh Nagar area of UP.

The PIL had said suspending Nagpal was "unconstitutional, arbitrary and lowered the constitutional system" and "the absence of support from top bureaucracy, in both Uttar Pradesh and in New Delhi, is shameful".

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News Network
January 12,2020

Kolkata, Jan 12: Prime Minister Narendra Modi on Sunday said a section of the youth is being misguided about the Citizenship Amendment Act and asserted that it will not take away anybody's citizenship.

Modi also said whoever has faith in India and believes in its Constitution can become an Indian citizen.

“There are a lot of questions among the youth about the new citizenship law, and some are being misled by rumours around it... it is our duty to clear their doubts,” the PM said during an address at Belur Math in Howrah district.

“I want to make this clear again that the CAA is not about taking away anybody's citizenship, but about granting citizenship,” he added.

Modi said that some people with political interests are deliberately spreading rumours about the new citizenship law.

Lauding the youth for speaking against religious persecution of minorities, the prime minister said the energy of the country's young will form the basis of change in the 21st century. The PM is on a two-day visit to the city.

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News Network
January 29,2020

Jan 29: Multiple organisations have called for a Bharat Bandh today in order to protest against the recently passed Citizenship Amendment Act and the proposed National Register of Citizens (NRC). The Bharat  Bandh today has been organised in Surat in Gujarat, Jharkhand and Andhra Pradesh. Increased security measures have been put in place in the three states keeping in view the call for shutdown.

According to media reports, the call for Bharat Bandh was given by Maulana Sajjad Nomani of the All India Muslim Personal Law Board (AIMPLB). This was to protest against the controversial CAA-NRC. This call is supported by an NGO based in Surat, Versatile Minorities Forum (VMF). Apart from the VMF, the call for strikes has been supported by organizations such as Bahujan Kranti Morcha, National Association of Street Vendors of India Surat chapter and the Textile Market Workers' Union.

The workers of the VMF were also spotted distributing pamphlets and urging people to support the strike. Several shopkeepers have also put up notices stating that their shops will be shut for the day.

Earlier, Bharat Bandh was called by 10 trade unions and several bank employees in order to protest against the "anti-people policies of the government" on January 8 and 9. A few violent incidents during this Bharat Bandh were reported in West Bengal.

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March 18,2020

Mar 18: Madhya Pradesh Congress Party sought in the Supreme Court on Wednesday that the trust vote in the state assembly be deferred till by-polls for the vacant seats are concluded, saying "heavens are not going to fall" if its government led by Kamal Nath is allowed to remain in office till then.

A bench, comprising Justices D Y Chandrachud and Hemant Gupta, was hearing cross petitions filed by former Madhya Pradesh Chief Minister and senior BJP leader Shivraj Singh Chouhan and MP Congress on the ongoing political crisis in the state after 22 rebel MLAs of the ruling combine purportedly offered to resign.

"Heavens are not going to fall if Congress government is allowed to continue till by-polls and the Shivraj Singh Chouhan's government must not be saddled on the people," said senior advocate Dushyant Dave, appearing for Congress.

"Let them face re-elections and then hold trust vote... You (BJP) have engineered it. My petition raises the frontal attack that you have launched a conspiracy," he said.

Senior advocate Mukul Rohatgi, appearing for Chouhan, vociferously opposed the submission saying that the party which killed the democracy by imposing emergency in 1975 is now referring to "lofty ideals" of B R Ambedkar.

He said that after the resignations of 22 Congress MLAs, out of which six resignations have been accepted, the state government should not be allowed to continue even for a day.

"It is lust of power because of which all these lofty arguments are being made.

"It is unheard of that a person who had lost majority says that he wants to continue for six months and there should be re-election before the trust vote.

Rohatgi said the Kamal Nath government wanted to stay in power by hook or crook.

Earlier in the day, the Madhya Pradesh Congress told the bench that a probe is needed on the resignation letters of its rebel MLAs that have been submitted by BJP leaders to the Speaker of the state Assembly.

Dave said the Governor has no business to send messages at night asking the Chief Minister or Speaker to hold floor test.

"The Speaker is the ultimate master and the Madhya Pradesh Governor is overriding him," he said.

The party alleged that resignations of its rebel MLAs were extracted by force and coercion and they did not act as per their free will.

It also said that its rebel MLAs were taken away in chartered flights and are currently incommunicado in a resort arranged by the BJP.

The advancing of arguments will resume after lunch.

The Madhya Pradesh Congress Legislature party (MPCLP) had Tuesday moved the Supreme Court seeking direction to the Centre and the BJP-led Karnataka government to grant it access to communicate with its rebel MLAs allegedly kept at Bengaluru.

Earlier on Tuesday, the court had asked the Kamal Nath government in the state earlier in the day to respond by Wednesday to a plea by senior BJP leader Shivraj Singh Chouhan seeking immediate floor test in the Assembly.

MPCLP, in its plea filed by Govind Singh, an MLA and chief whip of Congress legislature party, urged the apex court to declare as illegal the action of the Centre, Karnataka government and the MP BJP of illegally confining its MLAs in Bangaluru.

The plea, filed through senior lawyer Devdutt Kamat, said the trust vote would be a "sham" if 22 MLAs did not take part in it as almost 10 per cent of constituencies go unrepresented.

The plea filed by Chouhan and nine BJP lawmakers was moved in the top court just after the Speaker cited coronavirus concerns and adjourned the House till March 26 without taking the floor test apparently defying the directions of Governor Lalji Tandon.

The plea alleged that the Speaker, the Chief Minister and the Principal Secretary of the Assembly have "flagrantly violated the constitutional principles and have deliberately and wilfully defied the directions" issued by the governor asking the government to prove the majority on the floor of the house on March 16 when when the budget session was to commence.

On Saturday night, Tandon wrote to Nath asking him to seek a trust vote in the Assembly soon after the Governor's address on Monday, saying his government was in minority.

After the Speaker accepted the resignation of six Congress MLAs on Saturday, the party now has 108 legislators.

These include 16 rebel legislators who have also put in their papers but their resignations are yet to be accepted.

The BJP has 107 seats in the House, which now has an effective strength of 222, with the majority mark being 112.

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