Is President in your pocket? Sena asks BJP

Agencies
November 2, 2019

Mumbai, Nov 2: The Shiv Sena on Saturday slammed senior BJP leader Sudhir Mungantiwar for his statement that Maharashtra may head for President's rule if the new government is not put in place by November 7 and sarcastically questioned the senior ally whether the President's seal was lying at its office in the state.

The Sena, which is locked in a bitter battle with the BJP over sharing of power since the results of the assembly elections were declared on October 24, also dared its senior ally to stake claim to form the next government.

The tenure of the current Legislative Assembly ends on November 8.

Terming Sena's demand for chief minister's post on a rotational basis with the BJP as the "main hurdle" in government formation, Mungantiwar had said, "A new government will have to be in place within the stipulated time, or else the President will have to intervene. President's rule will be imposed if the government formation doesn't happen in the given time."

Attacking Mungantiwar, the Finance minister in the outgoing government, Sena said he issued the "threat" of imposing the President's rule, like other "intimidation tactics" like using investigating agencies for settling political scores have fallen flat in Maharashtra.

"What the common people have to make out of the threat given by Mungantiwar? Is that supposed to mean that President of India is in our (BJP's) pocket or that the seal of the President is lying in the office of the BJP in Maharashtra?

"Are these people trying to convey that the BJP could impose the President's rule in Maharashtra using that seal in the event of that party not able to form its government?" the Sena questioned in the edit in the party mouthpiece "Saamana".

The Marathi editorial titled "Insult to Maharashtra, Is President in your pocket?" described Mungantiwar's comments "undemocratic and unconstitutional."

"The statement shows the lack of knowledge about the Constitution and the rule of law. This threat might be a move to sidestep the established norms and get things done the way one wants. This statement is an insult to the mandate of the people," the party said.

In the October 21 assembly polls, the BJP failed to perform up to the mark though it emerged as the single largest party by winning 105 seats, 17 less than the 2014 tally, in the 288-member House. The ally Sena won 56 seats, 7 less than its 2014 performance.

The halfway mark in the Legislative Assembly is 145.

"The attitude that only we will rule irrespective of numbers and no one else can attempt the formation of the government was defeated in the recent elections," the Sena said.

The edit further said that those talking about the President's rule should first stake claim to form the government in the state.

"The President is the supreme authority in the Constitution. It is not about an individual but the country. The country is not in anybody's pocket," the editorial said.

The Sena also said it should not be blamed for the present impasse over formation of the government.

"There is no morality left in public life," it said.

Interestingly, Sharad Pawar-led NCP too on Friday criticised Mungantiwar's statement as a "kind of threat."

The Sena's fresh attack on the BJP on Saturday is likely to further strain the soured relations between both the parties.

The Uddhav Thackeray-led party has been demanding the CM's post for 2.5 years and 50:50 division of portfolios, as the BJP's tally took a beating in the polls.

Both these demands have been rejected by the BJP which has insisted that Chief Minister Devendra Fadnavis will continue to hold the post for the next five years.

Thackeray had reportedly said that other options (read NCP and Congress) are available for his party.

However, the Sharad Pawar-led NCP, which won 54 seats in the polls, had said that it would sit in the Opposition.

The Congress, which has 44 MLAs, seems to have adopted a wait-and-watch policy.

Top Congress leaders from Maharashtra on Friday held meetings in Delhi and discussed the situation with party president Sonia Gandhi.

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Agencies
June 11,2020

New Delhi, Jun 11: India on Thursday rejected a US government report that voiced concerns over alleged attacks and discrimination against religious and ethnic minorities in the country.

"Our principled position remains that we see no locus standi for a foreign entity to pronounce on the state of our citizens' constitutionally protected rights," Spokesperson in the Ministry of External Affairs Anurag Srivastava said.

He was replying to a question on the report at an online media briefing.

Mandated by the US Congress, the '2019 International Religious Freedom Report' that documents major instances of violation of religious freedom across the world was released by Secretary of State Mike Pompeo on Wednesday.

"India's vibrant democratic traditions and practices are evident to the world. The people and government of India are proud of our country's democratic traditions," the spokesperson said.

"We have a robust public discourse in India and constitutionally mandated institutions that guarantee protection of religious freedom and rule of law," he added.

The India section of the report said that US government officials underscored the importance of respecting religious freedom and promoting tolerance and mutual respect throughout the year with the ruling and opposition parties, civil society and religious freedom activists, and religious leaders belonging to various faith communities.

The report referred to the revocation of the special status of Jammu and Kashmir last August and the passage of the Citizenship Amendment Act (CAA) in Parliament in December as major highlights for India last year.

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News Network
January 14,2020

New Delhi, Jan 14: The curative petitions of Vinay Sharma and Mukesh, who were sentenced to death in the Nirbhaya gang rape and murder case, was on Tuesday rejected by a five-judge Supreme Court Bench led by Justice N.V. Ramana.

In a three-page order, the Bench concluded, after an in chamber consideration that began about 1.45 p.m., that there was no merit in their pleas to spare them from the gallows.

“We have gone through the curative petitions and relevant documents. In our opinion, no case is made out within the parameters indicated in the decision of this Court in Rupa Ashok Hurra versus Ashok Hurra. Hence, the curative petitions are dismissed,” the court held.

Curative is a rare remedy devised by a Constitution Bench of the Supreme Court in its judgment in the Rupa Ashok Hurra case in 2002. A party can take only two limited grounds in a curative petition - one, he was not heard by the court before the adverse judgment was passed, and two, the judge was biased. A curative plea, which follows the dismissal of review petition, is the last legal avenue open for convicts in the Supreme Court. Sharma was the first among the four convicts to file a curative.

The Bench also rejected their pleas to stay the execution of their death sentence and for oral hearing in open court.

Besides Justice Ramana, the Bench comprised Arun Mishra, Rohinton Nariman, R. Banumathi and Ashok Bhushan.

Curative petitions were filed in the Supreme Court by both convicts on January 9. The petitions had come just days after a Delhi sessions court schedulled the execution of all the four convicts in Tihar jail on January 22.

Sharma and Mukesh, in separate curative petitions, argued that there was a “sea change” in the death penalty jurisprudence since their convictions. Carrying out the death sentence on such changed circumstances would be a “gross miscarriage of justice”.

In his plea, Sharma said the Court had commuted the death penalty in several rape and murder cases since 2017, when it first confirmed the death penalty to the Nirbhaya convicts.

“fter the pronouncement of judgment in 2017, there have been as many as 17 cases involving rape and murder in which various three-judge Benches of the Supreme Court have commuted the sentence of death,” the petition contended.

The Supreme Court recently dismissed a review petition filed by Akshay Singh, another of the four four condemned men, to review its May 5, 2017 judgment confirming the death penalty. It also refused his plea to grant him three weeks' time to file a mercy petition before the President of India.

A Bench led by Justice R. Banumathi had said it was open for the Nirbhaya case convicts to avail whatever time the law prescribes for the purpose of filing a mercy plea.

Akshay (33), Mukesh (30), Pawan Gupta (23) and Sharma (24) had brutally gang-raped a 23-year-old paramedical student in a moving bus on the intervening night of December 16-17, 2012. She died of her injuries a few days later.

The case shocked the nation and led to the tightening of anti-rape laws. Rape, especially gang rape, is now a capital crime.

One of the accused in the case, Ram Singh, allegedly committed suicide in the Tihar jail. A juvenile, who was among the accused, was convicted by a juvenile justice board. He was released from a reformation home after serving a three-year term.

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News Network
March 4,2020

Mumbai, Mar 4: BJP leader Devendra Fadnavis on Tuesday said Maharashtra Chief Minister Uddhav Thackeray should not give "vague" replies on the 5 per cent Muslim quota issue and declare "with courage" that his government will not bring law granting reservation to the minority community.

Mr Fadnavis made the remark after Mr Thackeray, during a press conference earlier in the day, said he has not yet received the proposal regarding giving quota to Muslims and that the Shiv Sena-led government is yet to take any decision on it.

Mr Thackeray made the comments after Maharashtra Minority Affairs Minister Nawab Malik recently said in the legislative council that thestate government will provide 5 per cent quota to Muslims in education.

Mr Malik, an NCP leader, had also said the state government will ensure that a legislation to this effect is passed soon.

The NCP and the Congress, both proponents of Muslim quota, are constituents of the Sena-led Maha Vikas Aghadi government.

Asked about Mr Thackeray's remarks on the issue, Mr Fadnavis said instead of making comments at the press conference, the chief minister should make a statement in the legislature which is currently having its budget session.

The Leader of the Opposition in the assembly said that Mr Malik's opinion is the official position of the government as the minister had talked about giving quota in the council.

"So, instead of making vague comments in the press conference, the chief minister should say in the council that it is not his view (the one expressed by chief minister).

"The chief minister gave vague answers during the press conference, saying the proposal has not come to him. Your minister (Malik) only has said it," Mr Fadnavis told reporters outside the legislature building complex.

The BJP leader maintained there is no provision in the Constitution for religion-based reservation in government jobs or education.

"Say with courage that you will not give the quota, that the Constitution doesn't accept quota based on religion. Hence, we (the government) will not bring law granting quota," the former Chief Minister said.

Mr Fadnavis claimed that if given within the 50 per cent ceiling set by the Supreme Court, the Muslim quota will affect the existing reservation granted to OBCs.

"And if given outside it, it will affect Maratha quota," he added.

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