SC refuses to entertain plea against LG's power to nominate 5 MLAs in J-K assembly
New Delhi, Oct 15: The Supreme Court on Monday refused to entertain a plea challenging the power vested in the Jammu and Kashmir Lieutenant Governor (LG) to nominate five members to the Legislative Assembly of the union territory.
A bench of Justices Sanjiv Khanna and Sanjay Kumar asked the petitioner Ravinder Kumar Sharma to approach the high court.
"In cases where we have entertained a petition at the first instance, we find that many things are left out," the bench said as it gave liberty to the petitioner to approach the high court.
In the recently concluded election, Jammu and Kashmir National Conference-Congress alliance got a majority with 48 seats in the 90-member assembly.
The bench said it is not inclined to entertain the petition under Article 32 of the Constitution and clarified that it has not expressed any opinion on the merits of the issue.
Senior advocate Abhishek Singhvi, appearing for the petitioner, said that such nomination could throttle the electoral verdict and it was an issue, which dealt with the basic structure of the Constitution.
"We are three above the majority. The total of all the others is 42. If you nominate five, they become 47 and I become 48. You have to only get one more person…You can easily nullify the elected mandate. The electoral verdict of numbers can be negated…," submitted Singhvi.
Justice Khanna said that the said power of the LG had not been exercised as of now and the petitioner should approach the high court first.
CPI (M) leader Mohammad Yusuf Tarigami, whose party was in alliance with the National Conference and Congress also won the election from Kulgam constituency.
Several other independents and lone Aam Aadmi Party MLA has also extended support to the National Conference-Congress alliance.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Sheena Bora case: Indrani Mukerjea moves SC, seeks permission to travel abroad
New Delhi, Nov 26: Former media executive Indrani Mukerjea, accused of killing her daughter Sheena Bora, has moved the Supreme Court challenging the Bombay High Court ruling denying her to travel abroad.
A special court on July 19 allowed Mukerjea's plea to travel to Spain and the UK for 10 days between intermittent periods over the next three months.
The CBI approached the high court challenging the order passed by the special court but the high court quashed the special court order on September 27.
Mukerjea has now moved the apex court challenging the high court's verdict.
In her plea filed in the top court through advocate Sana Raees Khan, Mukerjea said she was a British citizen, and sought permission to visit Spain and her home country for "making necessary changes and amendments and taking care of pending work which cannot be transacted without her personal presence".
She argued the activation of a digital certificate was a must for all relevant work and administration in Spain and her physical presence was mandatory.
In its verdict, the high court noted Mukerjea wanted to travel abroad on the ground that she was a British national and was required to execute documents regarding her bank account and perform other work in Spain and the UK.
While setting aside the special court's order, the high court said if Mukerjea wished to perform these works from India, the statutory authorities back home would extend her the necessary support with the assistance of Embassy of Spain and the UK.
Mukerjea was arrested in August 2015 after the murder of Bora came to light. In May 2022, she was granted bail by the Supreme Court.
She has denied the allegations.
Bora (24) was allegedly strangled to death in a car by Mukerjea, her then-driver Shyamvar Rai and former husband Sanjeev Khanna in April 2012 in Mumbai. Her body was then burnt in a forest in the neighbouring Raigad district, according to the prosecution.
Bora was Mukerjea's daughter from her previous relationship.
The killing came to light in 2015 when Rai reportedly revealed about it during interrogation by police after his arrest in a separate case registered under the Arms Act.
Mukerjea's ex-husband Peter Mukerjea was also arrested for allegedly being a part of the conspiracy linked to the murder, probed by the CBI.
All the accused are currently out on bail.
