Cong is 'disciple' of Pakistan; neighbouring country eager to make 'shehzada' next PM of India: Modi
Anand (Gujarat) (PTI): Prime Minister Narendra Modi on Thursday dubbed the Congress party a "disciple" of Pakistan, and said the neighbouring country was eager to make the 'shehzada' of the grand old party the next prime minister of India.
His comments came amid reports that Chaudhry Fawad Hussain, a former minister in Imran Khan's cabinet in Pakistan, shared a video featuring Congress leader Rahul Gandhi on his social media handle and praised him.
"Pakistan is crying because Congress is dying here. Pakistani leaders are praying for Congress. Pakistan is eager to make 'shehzada' (referring to Rahul Gandhi) the next prime minister. This is not surprising because we already know that Congress is Pakistan's 'mureed' (disciple). The partnership between Pakistan and Congress has been exposed. It shows the country's enemies want a weak government in India, not a strong one," Modi said.
Addressing a poll rally in Anand town of central Gujarat in support of BJP candidates for Anand and Kheda Lok Sabha seats, PM Modi also took a dig at Congress over opposition leader Salman Khurshid's niece Maria Alam's call for 'vote jihad'.
"Now, the INDI alliance calls for 'vote jihad'. We have so far heard about 'love jihad' and 'land Jihad'. This (vote jihad) is said by a person who belonged to an educated Muslim family, not by someone who studied in a madrasa. I hope you all know what the meaning of jihad is. This is an insult to democracy and not a single Congress leader has condemned it," he said.
He alleged that the Congress wants to change the country's Constitution to give reservation of Scheduled Caste, Scheduled Tribe and Other Backward Classes (OBC) communities to Muslims.
The prime minister also challenged the Congress to give in writing that it will not change the Constitution to provide reservation on the basis of religion and that it will not give backdoor quota to Muslims in states where it and its allies are in power.
India is being seen as a peacemaker in the world today, he said, adding that it was his guarantee that he would work 24x7 to make India a developed country by 2047.
Modi said in the last 10 years, his government provided tap water connections to 14 crore houses, while the Congress-led dispensations gave it to just 3 crore houses in 60 years of its rule.
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Constitution bench verdict binding on benches of lesser strength, says SC
New Delhi (PTI): A judgement of a Constitution bench would be "binding" on benches of lesser strength, the Supreme Court has said while recalling an April 2022 verdict delivered by it.
In its order dated April 7, 2022, the apex court had held that a panchayat cannot claim ownership of the land which has been taken from the real owners from their permissible ceiling limits under the land law in Haryana.
The apex court had consequently said panchayats can only manage and control the land which has been taken from the owners and cannot claim title.
"It is pertinent to note here that for the land taken from the proprietors by applying pro-rata cut from the permissible ceiling limits of the proprietors, management and control alone vests with the panchayat but such vesting of management and control is irreversible and the land would not revert to the proprietors for redistribution as the common purposes for which land has been carved out not only include the present requirements but the future requirements as well," it had said.
The top court had delivered the verdict on a batch of appeals against a full bench verdict of the Punjab and Haryana High Court which had examined the legality of sub-section 6 of Section 2(g) of the Haryana Village Common Lands (Regulation) Act, 1961.
In a judgement delivered on Thursday, a bench of Justices B R Gavai and Sandeep Mehta said that when the high court verdict rested on the law laid down by the apex court's Constitution bench in 1966, "the least that was expected" of the court in the judgement under review was to explain as to why the high court was wrong in relying on the 1966 verdict.
"No law is required to state that a judgement of the Constitution bench would be binding on the benches of a lesser strength. Bhagat Ram (1966 verdict) has been decided by a strength of five judges, this court having a bench strength of two judges could not have ignored the law laid down by the Constitution bench in paragraph 5 in Bhagat Ram," the bench said.
The top court delivered its verdict on a plea seeking review of the April 2022 judgement.
It said that "ignoring" the law laid down by the Constitution bench and taking a view totally contrary to the same would amount to a material error, manifest on the face of the order.
"Ignoring the judgement of the Constitution bench, in our view, would undermine its soundness. The review could have been allowed on this short ground alone," it said.
While allowing the review petition, the bench said, "The judgement and order of this court dated April 7, 2022... is recalled and the appeal is restored to file."
The bench directed that the appeal be listed for hearing on August 7.
The top court observed it was settled that the review would be permissible only if there was a mistake or error apparent on the face of the record or any other sufficient reason was made out.
"The review of the judgement would be permissible only if a material error, manifest on the face of the order, undermines its soundness or results in miscarriage of justice. We are also aware that such an error should be an error apparent on the face of the record and should not be an error which has to be fished out and searched," it noted.
