Supreme Court to hear, decide sensitive cases like Ayodhya, Rafale on reopening
New Delhi: Upon reopening on July 1 after a six-week summer vacation, the Supreme Court will deal with very sensitive issues, including the Ayodhya land dispute, review pleas in Rafale case and the contempt case against Rahul Gandhi for wrongly attributing to the court his "chowkidar chor hai" slogan.
The top court, which would function with its full judicial strength of 31 judges under the stewardship of Chief Justice (CJI) Ranjan Gogoi, is likely to deliver its verdict in the review pleas in Rafale case.
The petitions, including the one filed by ex-Union ministers Yashwant Sinha and Arun Shourie, and lawyer Prashant Bhushan, seek review of the apex court's December 14, 2018, judgment dismissing all pleas challenging procurement of 36 Rafale fighter jets from France.
Also, a three-judge bench headed by the CJI would decide the fate of BJP MP Meenakshi Lekhi's contempt plea against Gandhi for wrongly attributing to the top court his "chowkidar chor hai" jibe against Prime Minister Narendra Modi.
Gandhi, however, has already tendered unconditional apology for it and sought closure of the case.
The outcome of the in-camera mediation proceedings, undertaken by a three-member panel headed by former apex court judge Justice F M I Kallifulla, to find an amicable solution to the politically-sensitive Ram Janmabhoomi-Babri Masjid land dispute, would be watched with bated breath.
The mediation committee, which also comprises spiritual guru Sri Sri Ravishankar and senior advocate Sriram Panchu, is "optimistic" about finding an amicable solution to the vexatious dispute. It has been granted time till August 15 by a five-judge bench headed by the CJI.
Fourteen appeals have been filed in the SC against the 2010 Allahabad High Court judgment, delivered in four civil suits, that the 2.77-acre land in Ayodhya be divided equally among three parties -- the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.
Besides these, the SC will have to deal with a PIL seeking a probe and lodging of an FIR against activist lawyers Indira Jaising, Anand Grover and their NGO 'Lawyers Collective' for allegedly violating rules relating to receipt and utilisation of foreign funds.
The PIL has been filed by 'Lawyers' Voice', a voluntary organisation of advocates.
The top court would also dealing with the PIL of lawyer and BJP leader Ashwini Upadhyay challenging the constitutional validity of Article 370, which grants special status to Jammu and Kashmir and limits Parliament's power to make laws for the state.
The top court would also be dealing a host of pleas challenging the constitutional validity of Article 35A, which provides special rights and privileges to natives of Jammu and Kashmir.
On February 11, the Jammu and Kashmir government had sought permission from the Supreme Court to circulate a letter to parties for adjourning the hearing on pleas saying that there was no "elected government" in the state.
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TVK chief should be given opportunity to prove majority in TN Assembly: Omar
Srinagar (PTI): Jammu and Kashmir Chief Minister Omar Abdullah on Friday said there was no justification for the Tamil Nadu governor to stop TVK leader Vijay from forming the government, and he should be provided an opportunity to prove majority in the assembly.
Tamil Nadu Governor Rajendra Vishwanath Arlekar on Thursday rejected TVK chief Vijay's claim to form the government, stating that his party lacks the requisite numbers.
The Tamilaga Vettri Kazhagam (TVK) has fallen short of meeting a simple majority to form the government in Tamil Nadu. Though the Congress with five MLAs has offered support to TVK, Vijay's party falls short of a simple majority of 118 in the 234-member Tamil Nadu Assembly.
Abdullah said there was no justification for President's rule in Tamil Nadu in view of numerous Supreme Court judgements emphasising on inviting the single largest party to form the government and then prove its majority on the floor of the house.
"If we see the Supreme Court judgement, then there should be no President's rule. There are so many cases in which the SC has clearly stated that after the elections, the single largest party should be invited (for government formation) and they should be allowed to prove their majority in the assembly," Abdullah told reporters here when asked about the political situation in Tamil Nadu.
"It happened when (former prime minister) (A B) Vajpayee formed the government for 13 days, the President of India did not wait for him to show his numbers. The President of India invited him, the government was there for 13 days, but when Vajpayee did not have the numbers, he resigned," he said.
So, if we take the SC judgement, the J-K CM added, then the Tamil Nadu Lok Bhavan "has no justification to stop this process".
"Vijay should be allowed to form the government, and then he should be provided an opportunity to prove his majority and if he proves, he will remain, but if not, then he will have to resign," Abdullah said.
To a question on whether there would be impact of the Special Intensive Revision (SIR) in Jammu and Kashmir, the CM said its impact remains to be seen in the rest of the country first as the assembly elections in the Union territory were not due till 2029.
"As of now it (SIR) has happened in Bengal only. Why are you worried about J-K? The elections are not to take place here till 2029. Let us first see its impact in the rest of the country. What we had to suffer (in J-K), we have. We suffered their delimitation, which was done to benefit the BJP and its friends. Let's see what happens in the future," he said.
On the reported remarks of Leader of Opposition in the J-K assembly, Sunil Sharma, that if the chief minister goes for cabinet expansion, then his party, the National Conference (NC), would suffer like the Shiv Sena in Maharashtra and someone like Eknath Shinde would emerge here as well, Abdullah said all his MLAs stand firmly with the party.
"This tells about the intentions of the BJP. 'Aaya Ram Gaya Ram' (turncoats). Eknath Shinde left because the BJP helped him to leave. It is obvious that the LoP is impatient to hold the chair of the chief minister of J-K. I will only tell him that there is no Eknath Shinde in the National Conference. NC's MLAs stand firmly with the party," he said.
Abdullah said the cabinet expansion is on hold because statehood has not been restored to J-K.
"Cabinet expansion is not on hold because of any fear and that is why I regularly say that the LoP proves through statements like this that till the BJP does not get power, they will not allow us to work smoothly and will not make J-K a state again," he said.
Hitting out at the LoP and the BJP, the J-K CM said the people of J-K, especially those who voted for the BJP in the last elections, should remember that the LoP and his party "indulge in the politics of blackmail and the people here are intimidated in the name of statehood".
