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SC refuses to stay delimitation exercise underway in Assam, issues notice to Centre

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SC refuses to stay delimitation exercise underway in Assam, issues notice to Centre

The Supreme Court on Monday refused to stay the ongoing delimitation exercise underway in Assam but agreed to hear a challenge made to it by opposition leaders of the state.

A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra issued notice to the Centre on the plea and asked the Centre to file an affidavit within three weeks.

Refusing to stay the delimitation process of the Election Commission initiated in Assam, the bench said it wouldn’t issue any order restraining the poll panel to take any further steps regarding the delimitation exercise in the state.

“At this stage when delimitation has commended having due regard to the issuance of the draft proposal on June 20, 2023, it would not be proper to interdict the process at this stage. Hence, while reserving the constitutional challenge, we are not issuing any orders restraining the Election Commission to take any further steps”, the apex court stated in its order.

The apex court was hearing a plea filed by ten opposition leaders from Assam challenging the recent draft proposal of the Election Commission of India (ECI) for the delimitation of Assam’s 126 Assembly constituencies and 14 Lok Sabha constituencies.

The petition also challenged Section 8A of the Representation of People Act, 1950 as per which the Election Commission is exercising its power in conducting the delimitation process.

The petitioners filing the petition through advocate advocate Fuzail Ahmad Ayyubi challenged the provision on the grounds of the same being arbitrary and opaque apart from also being discriminatory to the State of Assam.

The petitioners who have filed the petition are Lurinjyoti Gogoi (Assam Jatiya Parishad), Debabrata Saikia (INC), Rokibul Hussain (INC), Akhil Gogoi (Raijor Dal), Manoranjan Talukdar (CPI(M)), Ghanakanta Chutia (Trinamool Congress), Munin Mahanta (CPI), Diganta Konwar (Anchalik Gana Morcha), Mahendra Bhuyan (Nationalist Congress Party), and Swarna Hazarika (Rashtriya Janata Dal).

The petitioners have challenged recent proposals of the ECI readjusting the extent of 126 Assembly and 14 Lok Sabha Constituencies in Assam by a draft order issued on June 20.

The petition challenged the methodology adopted by the ECI by taking different Average Assembly Size for different districts and argues that population density or populous-ness has no role to play in the process of delimitation.

“While the Constitution of India envisages an exercise whereby Constituencies are to be readjusted so as to ensure that all constituencies are comprised of an almost equal population, by relying on 2001 census figures, the Election Commission has created three categories of districts and has taken different yardstick for the three categories resulting in possible deviation of up to 33 per cent between the population of the largest and smallest constituency,” the petition stated.

Petition contended that delimitation for the rest of the country has been conducted by a high-powered body headed by a retired Supreme Court Judge and the same Commission was formed for Jammu and Kashmir as well.

“However, the provision of Section 8A discriminates against Assam and three North-Eastern States, for which the Election Commission has been prescribed as the authority to conduct delimitation,” it further stated.

The petition has also highlighted certain statements of the Chief Minister of Assam who has publicly stated that the present exercise will be beneficial to one party i.e., BJP while being damaging to other opposition parties.

Such statements, the petition submitted, while do not inspire any confidence in the exercise, also give rise to apprehensions that the ECI exercise has not been independent and has been heavily dictated by the State government, it added.

The apex court also seized two PILs regarding the delimitation of four North-Eastern States including Assam.

In December of last year, the Election Commission began the delimitation of Assembly and Parliamentary Constituencies in Assam by using the 2001 Census as per Section 8A of the Representation of the People Act, 1950.

(This news report is published from a syndicated feed. Except for the headline, the content has not been written or edited by OpIndia staff)

If Rs 1100 crores can be spent on ads in 3 years, contribution can be made to Infra Projects: Supreme Court to Delhi Government

OpIndia Staff
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If Rs 1100 crores can be spent on ads in 3 years, contribution can be made to Infra Projects: Supreme Court to Delhi Government

On Monday, July 24, the Supreme Court resumed hearing a plea filed in connection with the delay in Delhi-Meerut Regional Rapid Transport System (RRTS) project. During the hearing, the court came down heavily on the Delhi government for not contributing its share in the infrastructure projects. The bench warned Delhi government’s counsel Abhishek Manu Singhvi that if the government fails to provide budgetary provisions for the project, the bench can attach their advertisement budget. 

The bench said, “Either you pay or we will attach your advertisement budget”. 

In a previous hearing on July 3rd, the bench comprising Justices SK Kaul and Sadhanshu Dhulia was informed that the Delhi Government was not allocating funds for the RRTS Project and several other development projects citing budgetary constraints. 

Back then, the Delhi government had refused to give Rs 3,261 crore towards the construction of the Delhi-Gurugram-Rewari-Alwar RRTS corridor and Rs 2,443 crore for the Delhi-Sonipat-Panipat corridor.

Subsequently, the court directed the Delhi government to file an affidavit within two weeks disclosing how much funds it has allocated for advertisements in the last three financial years. 

However, the bench categorically noted that it was compelled to give such a directive in the last hearing because the Delhi government had outrightly declined to contribute its share in the infrastructure project.

Later, on the 19th of July, the Delhi government filed its affidavit enclosing the expenditure incurred on the advertisements. When the court considered it today, it was revealed that the Aam Aadmi Party government has spent around Rs 1073 crores in the last three years on advertisements. As per the affidavit, the AAP government spent Rs 296.89 crore in 2020-21, Rs 579.91 crore in 2021-22, and Rs 196.36 crore in 2022-23 on advertisements. 

Reflecting on this, the bench remarked, “If Rs 1100 crores can be spent for advertisement in the last 3 financial years, certainly, contributions can be made to infrastructure projects”.

Following the critical remarks from the bench, the Delhi government’s counsel Singhvi assured the court that funds will be allotted, however, he requested the bench to allow the state government to pay its share in instalments. 

After considering the argument, the bench instructed the AAP government to pay the overdue amount for the project within two months. The bench was subsequently informed that the Delhi government would allocate budgetary provisions for the respective projects as per the prescribed schedule.

The Court order read, “Senior Counsel says provisions will be made in line with the proposed schedule. We take this on record, the overdue amount will be paid within 2 months.” 

Now, the Delhi government will have to pay Rs 415 crore for the Delhi-Meerut RRTS project, in line with its commitment in the Apex court today. 

However, the Delhi government tried to justify its advertisement expenditure in the court stating that it is a necessary component of good governance and effective administration.  

The ongoing project of the Delhi-Meerut Regional Rapid Transit System (RRTS) involves the construction of a semi-high-speed rail corridor connecting Delhi, Ghaziabad, and Meerut. This corridor constitutes one of the three rapid rail corridors slated for development under Phase I of the RapidX initiative.

Chhattisgarh Gobar Ghotala: Congress govt accused of scamming Rs 229 crores in cow dung trade

OpIndia Staff
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Chhattisgarh Gobar Ghotala: Congress govt accused of scamming Rs 229 crores in cow dung trade

The Bharatiya Janata Party (BJP) in the state of Chhattisgarh accused the state government led by CM Bhupesh Baghel of engaging in a monetary scam involving the trade of cow dung. BJP MLAs Narayan Chandel and Saurabh Singh stated that the cow dung scam (gobar ghotala) was even bigger than the fodder scam that involved the embezzlement of about Rs 9.4 billion from the government treasury of Bihar.

According to the reports, the leader during the last day of the Monsoon session of the state assembly raised several questions regarding the purchase and sale of cow dung and exposed that the state was embezzling around Rs 229 crores in the case.

The minister told that 10,336 gothans are approved in the state, out of which 10,240 gothans have been made, while 84 have not been made. From January 2, 2019, to June 30, 2023, a total of 1,23,19,845.64 quintal cow dung was purchased by the government, for which an amount of Rs 24,639.69 lakhs has been paid. Further cow dung worth more than Rs 291 crores has been sold. The deal garners good profit, they said.

BJP MLA Saurabh Singh stated that no minister in the government knows where the balance cow dung worth Rs 229 crores is stored. “This whole ‘gobar scam’ is a forgery on paper. Cow dung worth Rs 246 crore was bought and cow dung worth Rs 17 crore was sold, then where is the remaining cow dung worth Rs 229 crore?” he questioned Minister Tamradhwaj Sahu on July 22.

The leader also said that the state had purchased 282,000 kg of cow dung from three women of the same family who didn’t even own a cow. “The family was paid more than Rs 5 lakhs. The government has done scam in the name of cow dung purchase,” the leader pressed video of which has gone viral over the internet.

BJP’s Amit Malaviya shared the video and also commented on the scam saying that the Congress government of Chhattisgarh was cheating the poor and the farmers.

The Bhupesh Baghel-led Congress government in Chhattisgarh on Saturday survived a no-trust motion moved by the Bharatiya Janata Party on the last day of the Monsoon session of the state assembly. The ruling party meanwhile refuted the charges and said the BJP had ‘failed’ to come up with concrete issues during the session.

NCW takes cognisance of suicide case of minor girl in Jharkhand’s St Xavier’s school after BJP leader writes letter, asks DGP to submit report in 15 days

OpIndia Staff
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NCW takes cognisance of suicide case of minor girl in Jharkhand’s St Xavier’s school after BJP leader writes letter, asks DGP to submit report in 15 days

On July 24, the National Commission for Women (NCW) took cognisance of the suicide of a student of Std 10 after she was slapped, humiliated and expelled from St. Xavier’s School for sporting a bindi. The incident took place on July 10 in the Teltulmari neighbourhood in the Dhanbad city of Jharkhand.

The women’s rights body took cognisance after BJP leader Sumit Sharan wrote a letter to the organisation drawing its attention to the incident.

In the letter dated July 14, the BJP leader apprised NCW of the incident and called for the urgent need for intervention in the suicide case of a minor student who was compelled to commit suicide as a result of the humiliation she endured for her religious convictions and beliefs.

Based on the letter, NCW took cognisance of the case and wrote to the Jharkhand DGP on July 19, asking him to initiate a probe into the case. The Women’s rights commission’s Deputy Secretary Shivani Dey has sought a response from the DGP within 15 days from the date of receiving the letter.

17-year-old girl commits suicide after being slapped, expelled for wearing bindi to St Xavier’s school in Jharkhand

Notably, the 17-year-old reportedly went to the convent school, wearing a bindi on her forehead. Identified as Usha Kumari, she was humiliated by a teacher during the school assembly. She was also slapped twice in full public display.

This was even though the student removed the bindi as soon as she saw the teacher. The underage girl was taken to the principal’s office, who expelled her from the school.

Thereafter, the girl returned home and committed suicide by hanging herself from the ceiling of her room on Monday (July 10) at 11 am. She also left a suicide note in her school uniform, holding the teacher and school principal responsible for her death.

A First Information Report (FIR) was lodged at the Tetulmari Police Station based on the complaint of the family members. The accused teacher was arrested by the police and a probe was initiated into the matter.

On Tuesday (July 11), the villagers and the family members of the deceased girl blocked a road and also protested outside the gate of St. Xavier’s School.

NCPCR takes cognisance of the matter

While taking cognisance of the matter, National Commission for Protection of Child Rights (NCPCR) Chairperson Priyank Kanoongo said, “In Jharkhand’s Dhanbad, a girl student has been reported to have committed suicide after being thrashed for going to school wearing a bindi.”

UK: Anjem Choudary, a British-Pakistani Islamist preacher, charged with terror offences

OpIndia Staff
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UK: Anjem Choudary, a British-Pakistani Islamist preacher, charged with terror offences

A radical Islamist preacher, Anjem Choudary was charged with three offences under UK’s terrorism act, the Metropolitan Police said on Monday, 24 July. He has been charged under different sections of the UK’s Terrorism Act 2000. The charges include membership of a proscribed organisation, addressing meetings to encourage support for a proscribed organisation, and directing a terrorist organisation. 

He was arrested in London last week and has been in police custody since then. He will be produced before a court in London, late on 24 July. He holds dual nationality of Britain and Pakistan. 

Apart from UK-born Choudary, the Metropolitan Police also arrested a Canadian man, Khaled Hussein (28). He has been charged with membership of a proscribed organisation.

The police said, “On Monday, 17 July (a week ago), Met counter-terrorism detectives investigating alleged membership of a proscribed organisation arrested a 56-year-old man in east London and a 28-year-old Canadian national at Heathrow Airport, after he arrived on a flight.” 

The statement added that they were held under Section 41 of the Terrorism Act 2000 and detectives were granted warrants of further detention allowing them to detain the men until Monday, 24 July.

According to a report in the Guardian, 56-year-old, Anjem Choudary who hails from east London, was charged on Sunday with three offences. These include – 

  1. Membership of a proscribed organisation — violation of section 11 of the Terrorism Act 2000. 
  2. addressing meetings to encourage support for a proscribed organisation — violation of sections 12(3) of the Terrorism Act 2000. 
  3. directing a terrorist organisation — violation of section 56 of the Terrorism Act 2000.

British Pakistani, Choudary was once a high-profile Islamist preacher in Britain. However, it was found that he has been associated with several radical outfits. He was the former head of the now-banned Islamist organisation al-Muhajiroun. 

The extremist Islamist preacher was convicted by the Old Bailey court in London in September 2016 for preaching radical ideology and calling Muslims to support the terrorist organisation, Islamic State. 

He was released from London’s high-security Belmarsh prison in 2018 after serving half of his five-and-a-half-year sentence. In the past, he has been spewing venom against Hindus on multiple occasions and his name cropped up during last year’s violence in Leicester city. In several of the post on his website, Anjem has been spreading vicious propaganda against Hindus and called upon them to convert to Islam. He claimed that it is the “only way” of living.

Additionally, he had once praised the men responsible for the 9/11 attacks on the United States and said that he wanted to convert Buckingham Palace into a mosque.

Further, his followers have been linked to numerous plots across the world.

Delhi: High Court asks for detailed status report from Delhi government following the PIL seeking aid at Yamuna flood relief camps

OpIndia Staff
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Delhi: High Court asks for detailed status report from Delhi government following the PIL seeking aid at Yamuna flood relief camps

On Monday, July 24, the Delhi High Court directed the Aam Aadmi Paty government in the national capital to file a ‘detailed status report’ highlighting the relief measures given to the people affected by the floods. The court gave these directions while hearing a Public Interest Litigation (PIL) filed by a former Professor of Azim Premji University, Dr. Akash Bhattacharya. 

The PIL sought immediate relief measures like free rations, medical assistance, sanitary provisions, and other essentials for people stuck at the Yamuna relief camps. 

The Professor has contended that the current flood situation is the most devasting calamity that has taken place in Delhi since 1978. For this reason, he has urged the court to direct the Delhi government to notify the flood as a natural disaster under the Disaster Management Act, 2005. 

The plea claimed that because of the inadequate response from the authorities, the lives and livelihoods of hundreds of poor have been adversely affected. According to the petitioner, around 25,000 people have been affected directly or indirectly by the flood. The affected people are living in extreme conditions at the relief camps without proper sanitation facilities and food. 

It stated, “That the lackadaisical response from authorities cost the livelihood of hundreds of poor and destroyed their sole shelter which contained household items to important documents which proves the existence of the concerned.”

Representing the petitioner, Advocate KS Siyas requested the court to ask the Delhi government to provide immediate cash assistance of Rs. 50,000 for those who have lost their shelter in these floods.

However, Delhi Government’s Standing Counsel Santosh Kumar Tripathi firmly opposed the plea. He said that the plea was circulated in the media even before a hearing in the case. The Delhi government’s counsel claimed that every flood relief camp has all the basic amenities. He added that the Delhi cabinet has already taken a decision to provide financial assistance to those affected by floods. 

Alleging that the petitioner has not done due diligence and has filed a plea without approaching the flooded areas, he claimed that this reflects differently in the public domain as if the government is doing nothing. He added that he has a serious objection to this kind of petition. 

However, the division bench of Chief Justice Satish Chandra Sharma and Justice Saurabh Banerjee rejected these objections. The bench remarked that the petition has been filed for a “genuine cause”. 

Subsequently, the bench asked the Delhi Government to file a detailed response indicating the measures taken and basic amenities provided to the affected people. The court has posted the matter for September 13.

During the hearing, the petitioner highlighted that flood management is a state subject under the Constitution and the “primary onus is upon states to take steps to deal with it”.

It further argued that it is both a constitutional and statutory obligation of the Delhi government to provide immediate assistance to the victims of natural calamity under the Disaster Management Act, 2005. It also asserted that the flood qualifies as a disaster according to Section 2(d) of the Act.

Uttar Pradesh: Setback to the opposition as several leaders from SP, BSP, and Congress join BJP months before Lok Sabha elections

OpIndia Staff
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Uttar Pradesh: Setback to the opposition as several leaders from SP, BSP, and Congress join BJP months before Lok Sabha elections

On Monday, 24th July 2023, the Bharatiya Janata Party (BJP) inducted several prominent leaders of opposition parties, including former ministers, former MPs and former MLAs, into the party along with their supporters. BJP’s Uttar Pradesh state unit’s president Bhupendra Singh Chaudhary and two deputy chief ministers of the Uttar Pradesh government, Keshav Prasad Maurya and Brajesh Pathak inducted several prominent leaders into the party at the party’s state headquarters. Party’s state media in-charge Manish Dikshit informed the media on Monday.

The leaders who joined BJP include former Rashtriya Lok Dal (RLD) MP Rajpal Saini (Muzaffarnagar), former minister Sahab Singh Saini (Saharanpur), former MP Anshul Verma (Hardoi), former SP MLA Sushma Patel (Jaunpur), former SP candidate Shalini Yadav from Varanasi, former minister Jagdish Sonkar (Jaunpur), former MLA Gulab Saroj (Jaunpur), former Congress media chairman Rajiv Bakshi (Lucknow) Former BSP chairman Gangadhar Kushwaha from Agra, former SP zila panchayat president Jitendra Mishra from Hamirpur, former SP zila panchayat president Satyapal Yadav from Hapur, and former SP zila panchayat president Sunita Yadav from Hapur.

Most leaders joining the BJP on Monday come from the Other Backward Class (OBC) community. Recently, prominent OBC leaders joined the BJP-led alliance. Suheldev Bharatiya Samaj Party (SBSP) chief and former minister Om Prakash Rajbhar joined the National Democratic Alliance and former minister and Samajwadi Party (SP) MLA Dara Singh Chauhan (Ghosi-Mau) joined the BJP. Many other OBC leaders joining the BJP on Monday is considered a major setback from the ruling party to the opposition.

Former Uttar Pradesh minister Dara Singh Chauhan, who had previously resigned from the Bharatiya Janata Party (BJP) and joined the Samajwadi Party (SP) ahead of the state assembly elections in 2022, made headlines again as he resigned from the assembly on 15th July 2023. He joined BJP.

Ahead of the Lok Sabha elections, Suheldev Bharatiya Samaj Party (SBSP) leader OP Rajbhar returned on Sunday, July 16, to the fold of the National Democratic Alliance (NDA). The move was seen as a significant blow to the opposition’s ‘unity’. 

‘Don’t want a burqa that strips you naked’: Muslim girl begs Yogi for help, says she wants to quit Islam

OpIndia Staff
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‘Don’t want a burqa that strips you naked’: Muslim girl begs Yogi for help, says she wants to quit Islam

On July 24, Monday, a video went viral on Twitter, wherein a hapless Muslim girl is seen crying for help. Claiming that she is being tortured by her kin and her life is in danger, she asks UP CM Yogi Adityanath to help her quit Islam. Some police officers are seen trying to pacify her. She is then made to sit in a police van and driven away.

The video was first shared by Sudarshan TV. The girl was reportedly complaining outside the court premises in Rampur. She accused her relatives of stripping her naked and torturing her. She is heard crying and telling the police that her relatives stripped her of her clothes.

She then shouts, “Yogi Adityanath ji mujhe aisa burqa nahi chahiye jo nanga karta ho (Yogi ji I do not want a burqa that strips you naked), I hate the Muslims, I hate the Muslims. Yogi Adityanath sir…pls sir help me, mein Muslim dharam chodna chahati hoon, mujhe Muslim dharam se nafrat hai (I want to quit Islam, I hate Islam)” she said accusing her relatives of pressuring her to take back some complaint she filed against them. She added that she fears that her life is in danger and that she might get killed by her kin.

According to Jagran, the Muslim girl created a ruckus outside the SP office in Rampur on July 21, after she went to the court in connection with a case she has filed against her relatives. She alleged that her relatives forced her to take back the 2 complaints she had filed against them.

She further accused them of trying to strip her naked and torturing her when she refused to accede to their demands.

Civil Lines Kotwali in-charge Sharad Panwar, meanwhile, said that the girl seemed to be depressed. She came to the court on the date of the hearing of the case. She was sitting in the chamber with her advocate. Someone informed the advocate’s wife about her presence after which the advocate’s wife came to the court. The girl and the advocate’s wife reportedly got into an argument with each other, following which the girl created a ruckus outside the court premises. The girl was released when no complaint was received from any side.

Tweeting about the incident, the Rampur police wrote, “The above incident happened outside the court premises on July 21. The woman had a fight with the advocate’s wife. Because of this, the woman had taken off her clothes in a fit of rage. The woman was dressed by the police immediately after reaching the spot. On the basis of the woman’s complaint, a report has been lodged at the police station.

Indian Seema Haider: Married Indian woman Anju from Rajasthan goes to meet her online lover in Pakistan, says she cannot live without Narsullah

OpIndia Staff
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Indian Seema Haider: Married Indian woman Anju from Rajasthan goes to meet her online lover in Pakistan, says she cannot live without Narsullah

On 24th July, a case similar to Seema Haider, a woman from Pakistan who came to India with her four kids to meet her lover, came to the fore but with a twist. In this case, the woman is from India and has gone to Pakistan to meet her lover. The woman, identified as 35-year-old Anju from Bhiwadi, Rajasthan, had left last Sunday on the pretext of visiting Jaipur. However, her husband Arvind learned the shocking reality that her wife had gone to Pakistan when their son got sick, and he called Anju to ask when she would be back. Anju informed him that she was in Pakistan and would be back soon. As per reports, Anju is originally from Kailor, Uttar Pradesh.

As per reports, Anju claimed she was going to Jaipur to meet a friend. However, on Sunday, she called and informed her husband that she was in Lahore. Arvind was unaware why she went to Lahore and how she got a visa. Arvind claimed the matter differed from Seema Haider’s as Anju had valid documents, and his wife told him she would be back in 2-3 days; hence he did not file a complaint with the police.

Arvind is in utter shock and has left it to his children whether they want to live with Anju. According to him, this is the first time Anju has gone somewhere without informing her family. Arvind feels Anju has cheated him. He wants to have a family meeting with Anju’s parents to decide the next course of action.

Arvind has requested from the authorities that if Anju has all the valid documents, she should be allowed to come back. He told BBC Hindi that they got married in 2007 and have a 15-year-old daughter and 7-year-old son. “I never checked her phone as I trusted her,” said Arvind.

Police have no information about her passport application

In 2020, Anju applied for a passport, but the local police were unaware of it. The investigation in this matter is underway, and if her passport or other documents are fake, appropriate action under the Passport Act and other relevant sections of the Indian Penal Code will be taken.

Anju to get engaged to Nasrullah

Earlier, it was reported that Anju travelled to Khyber Pakhtunkhwa in Pakistan to meet her lover, 29-year-old Nasrullah, from Upper Dir. They met on Facebook four years ago and started liking each other soon. During questioning by Pakistani authorities, Anju claimed that she could not live without Nasrullah. Unlike Seema, Anju went to Pakistan on valid documents, and her Visa is valid for 30 days. Anju had to visit the police station in Upper Dir Bala as it is required by law that when an Indian national visits Pakistan, they must show their travel documents at the police station. Nasrullah accompanied her for the visit.

In a statement to BBC Urdu, Nasrullah said, “In the next two to three days, Anju and I will get engaged formally, and then after ten to twelve days, she goes back to India and then comes again for the wedding. This is my and Anju’s personal life. We don’t want it to be interfered with. We are trying to stay away from the media too.”

Interestingly, Nasrullah claimed Anju’s parents don’t have any problem with him. He also informed BBC Urdu that they would get engaged in Pakistan and would get married later. BBC Urdu reported that they would formally get engaged in 2-3 days, and Anju would return to India 10-12 days after that. While Anju is already married in India, it is unclear how she is going to proceed with her marriage to Narsullah.

SC rejects West Bengal govt’s appeal challenging HC order, paves the way for NIA probe into Ram Navami violence

OpIndia Staff
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SC rejects West Bengal govt’s appeal challenging HC order, paves the way for NIA probe into Ram Navami violence

In a setback to the TMC government, the Supreme Court on 24th July dismissed the state’s appeal which challenged the Calcutta HC order transferring the probe in Ram Navami violence case to the NIA. The order was passed by a bench headed by Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra.

The apex court while dictating the order ruled that the sequence of events are not in dispute. “Section 6(1) and (2) cast an obligation on the police to inform the state of the occurrence of any scheduled offence. The state has to then inform the central government. Section 6(5) gives suo motu power to the central government to ask the NIA to investigate a scheduled offence,” the court observed.

The directions of the HC in the impugned order were rendered on April 27 and following this, on May 8 the govt issued a notification exercising this suo motu power. This sequence of events is not in dispute. Hence, the NIA has exercised its jurisdiction specifically with regard to its powers under Section 6(5). The court is not called to check the veracity of the FIRs”, the bench noted.

The SC while rejecting the Mamata-govt’s appeal said it is not inclined to entertain the special leave petition (SLP) “as there is no challenge to the notification of the Central government.”

TMC MP Dola Sen reacting to the order said that the state government will follow the verdict. “…We are law-abiding citizens. We follow both High Court and Supreme Court verdicts. Supreme Court is higher (in authority), so their verdict will be followed”, Sen said.

On 27th April, the Calcutta High Court ordered an investigation by the National Investigation Agency into the violence in Howrah during Ram Navami. The court had also directed authorities to hand over all the CCTV footage and FIRs to the NIA team within two weeks.

The Mamata-led TMC government then moved Supreme Court to challenge the HC order.

The SC had in May observed that the NIA can probe when there are scheduled offences involved. Advocate Abhishek Manu Singhvi, representing the WB govt, said no scheduled offence was made out as the explosive used in the cases did not fall under Explosives Act.

On 16th July, the SC directed the West Bengal state and LoP Suvendu Adhikari to sit with Solicitor General Tushar Mehta and conducted the exercise to establish whether all six FIRs pertaining to the Ram Navami violence in Bengal were related to the same incident or not.

The NIA had filed six FIRs more than a month ago in connection with the Ram Navami violence in the TMC-ruled state. An NIA official reportedly confirmed to a media house that case diaries are yet to be handed over to the agency despite SC’s refusal to stay the HC order to transfer the probe to NIA.

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