UP CM must be sacked for 'shielding' rape accused: Congress
New Delhi, April 14: The Congress on Saturday demanded that Uttar Pradesh Chief Minister Yogi Adityanath be sacked for "utterly failing in his constitutional duties as CM" and for "safeguarding the interests of Unnao rape accused BJP MLA Kuldeep Singh Sengar".
"BJP leaders have mastered the art of extending state protection to rapists, shaming the victim and her family, defending the accused and crying conspiracy, blatant cover-ups, absolute whataboutery and superficial damage Control, and the Adityanath government has perfected this art to the hilt," Randeep Singh Surjewala said in a statement.
"'Jungle raaj' and 'gunda raaj' actively aided and abetted by Adityanath government has become a pain for the people of the state and has conclusively exposed BJP's slogan of 'Beti Bachao'," he added.
Citing a recent high court order, Surjewala said: "In a damning rebuke to the BJP's claims, the Allahabad High Court has unravelled the real truth of the Unnao rape case."
He said the high court was taken aback by the insensitive stand and callous attitude of the Advocate General, who represented the state government in court and received his brief from the highest levels.
"Naari Virodhi (anti-woman) Adityanath has not only utterly failed in his constitutional duties as the Chief Minister and abused the oath of office but also played an important protagonist in safeguarding the interests of the rape accused BJP MLA Kuldeep Singh Sengar," he added.
Pointing out that the BJP rule in the state had become "Ravana Rajya" for women, Dalits and farmers, the party said there was a 33 per cent increase in crime against women in Uttar Pradesh -- from 33,728 cases in 2016-17 to 44,936 in 2017-18.
"The real culprit of Unnao's victim, who was raped reportedly in June 2017, and who pleaded at the doorstep of the BJP CM even attempting self-immolation is no one but the Chief Minister and he should immediately be sacked," said Surjewala.
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States not empowered to take over all private properties for distribution to serve common good: SC
New Delhi (PTI): In a majority 7:2 ruling, the Supreme Court on Tuesday held that states are not empowered under the Constitution to take over all privately-owned resources for distribution to serve the "common good".
A nine-judge bench headed by Chief Justice DY Chandrachud, however, said states can stake claim over private properties in certain cases.
The majority verdict pronounced by the CJI overruled Justice Krishna Iyer's previous ruling that all privately owned resources can be acquired by the State for distribution under Article 39(b) of the Constitution.
The CJI wrote for himself and six other judges on the bench which decided the vexed legal question on whether private properties can be considered "material resources of the community" under Article 39(b) and taken over by State authorities for distribution to subserve the "common good".
It overturned several verdicts that had adopted the socialist theme and ruled that states can take over all private properties for common good.
Justice BV Nagarathna partially disagreed with the majority judgement penned by the CJI, while Justice Sudhanshu Dhulia dissented on all aspects.
The pronouncement of judgements is underway.
The top court had, in the Minerva Mills case of 1980, declared two provisions of the 42nd Amendment, which prevented any constitutional amendment from being "called in question in any court on any ground" and accorded precedence to the Directive Principles of State Policy over the fundamental rights of individuals, as unconstitutional.
Article 31C protects a law made under Articles 39(b) and (c) empowering the State to take over material resources of the community, including private properties, for distribution to subserve the common good.
The top court had heard 16 petitions, including the lead petition filed by the Mumbai-based Property Owners' Association (POA) in 1992.
The POA has opposed Chapter VIII-A of the Maharashtra Housing and Area Development Authority (MHADA) Act. Inserted in 1986, the chapter empowers State authorities to acquire cessed buildings and the land on which those are built if 70 per cent of the occupants make such a request for restoration purposes.
The MHADA Act was enacted in pursuance of Article 39(b), which is part of the Directive Principles of State Policy and makes it obligatory for the State to create a policy towards securing "that the ownership and control of the material resources of the community are so distributed as best to subserve the common good".
