Nagpur, Dec 7: Maharashtra deputy Chief Minister Devendra Fadnavis on Thursday wrote to his cabinet colleague and NCP leader Ajit Pawar expressing opposition to the induction of NCP MLA Nawab Malik, an accused in an Enforcement Directorate case, in the ruling `Maha Yuti' or grand alliance in the state.
Earlier in the day, Shiv Sena (UBT) leaders Ambadas Danve and Sushma Andhare targeted the government over Malik `joining' the treasury benches, even though he himself has not made it clear whether he is affiliated to the Ajit Pawar-led rebel NCP group or the Sharad Pawar-led faction.
Out on medical bail after the ED arrested him in February 2022 in a money-laundering probe linked to the activities of fugitive gangster Dawood Ibrahim and his aides, Malik attended the winter session of the Maharashtra legislature here for the first time on Thursday. He sat on the last bench in the assembly, next to the MLAs of the Ajit Pawar-led faction of the Nationalist Congress Party.
The ruling alliance in the state comprises the BJP, Ajit Pawar-led NCP and Eknath Shinde-led Shiv Sena.
In his letter to Ajit Pawar, who too is a deputy CM, Fadnavis said Malik has the right to attend the assembly as an MLA and added that "we (the BJP) do not harbour any personal animosity or grudge" against him.
"However, considering the kind of allegations he is facing, we are of the opinion that it would not be appropriate to induct him in the Maha Yuti," the BJP leader said while also noting that Malik was out only on medical bail (and not regular bail).
"We agree that it is your prerogative (to decide) who should be inducted in your party. But every constituent party (of the Maha Yuti) has to think as to whether it would harm the alliance. Hence, we are opposed to this," Fadnavis added.
He also said that his party could not be on the same page as the "then chief minister" and the previous Maha Vikas Aghadi (MVA) government which had allowed Malik to continue as a minister even after he was arrested "on the charges of having links with anti-national elements".
Malik was a cabinet minister in the Uddhav Thackeray-led MVA government at the time of his arrest.
Shiv Sena (UBT) leader Sushama Andhare earlier took a jibe at Fadnavis, saying he could put a chameleon to shame so fast he had changed his stand on Malik "against whom you all had taken out protest marches and disrupted the house proceedings several times (during the MVA government)."
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Judge cites denial of home to Muslim girl, opposition to Dalit women cooking mid-day meals
Hyderabad, February 23, 2026: Supreme Court judge Justice Ujjal Bhuyan has said that despite repeated affirmations of constitutional morality by courts, deep societal faultlines rooted in caste and religious discrimination continue to shape everyday realities in India.
Speaking at a seminar on “Constitutional Morality and the Role of District Judiciary” organised by the Telangana Judges Association and the Telangana State Judicial Academy in Hyderabad, Justice Bhuyan reflected on the gap between constitutional ideals and social practices.
He cited a recent instance involving his daughter’s friend, a PhD scholar at a private university in Noida, who was denied accommodation in South Delhi after her surname revealed her Muslim identity. According to Justice Bhuyan, the landlady bluntly informed her that no accommodation was available once her religious background became known.
In another example from Odisha, he referred to resistance by some parents to the government’s mid-day meal programme because the food was prepared by Dalit women employed as cooks. He noted that some parents had objected aggressively and refused to allow their children to consume meals cooked by members of the Scheduled Caste community.
Describing these incidents as “the tip of the iceberg,” Justice Bhuyan said they reveal how far society remains from the benchmark of constitutional morality even 75 years into the Republic. He observed that while the Constitution lays down standards of equality and dignity, the morality practised within homes and communities often diverges sharply from those values.
He emphasised that constitutional morality requires governance through the rule of law rather than the rule of popular opinion. Referring to the evolution of the doctrine through judicial decisions, he cited Naz Foundation v Union of India, in which the Delhi High Court read down Section 377 of the Indian Penal Code, holding that popular morality cannot restrict fundamental rights under Article 21. Though the judgment was later overturned in Suresh Kumar Koushal v Naz Foundation, the Supreme Court ultimately restored and expanded the principle in Navtej Singh Johar v Union of India, affirming that constitutional morality must prevail over majoritarian views.
“In our constitutional scheme, it is the constitutionality of the issue before the court that is relevant, not the dominant or popular view,” he said.
Justice Bhuyan also addressed the functioning of the district judiciary, underlining that trial courts are the first point of contact for most litigants and form the foundation of the justice delivery system. He stressed that due importance must be given to the recording of evidence and adjudication of bail matters.
Highlighting the role of High Courts, he said their supervisory jurisdiction under Article 227 of the Constitution is intended as a shield to correct grave jurisdictional errors, not as a mechanism to substitute the discretion or factual appreciation of trial judges.
He recalled that several distinguished judges, including Justice H R Khanna, Justice A M Ahmadi, and Justice Fathima Beevi, began their careers in the district judiciary.
On representation within the judicial system, Justice Bhuyan noted that Telangana has made significant strides in gender inclusion. Out of a sanctioned strength of 655 judicial officers in the Telangana Judicial Service, 478 are currently serving, of whom 283 are women, exceeding 50 per cent representation. He added that members of Scheduled Castes, Scheduled Tribes, minority communities, and persons with disabilities are also represented in the state’s judiciary.
He observed that greater representation of women, marginalised communities, persons with disabilities, and sexual minorities would help make the judiciary more inclusive and reflective of India’s diversity. “The judiciary must represent all the colours of the rainbow and become a rainbow institution,” he said.
Justice Bhuyan also referred to the recent restoration by the Supreme Court of the requirement of a minimum three years of practice at the Bar for entry-level judicial posts. While acknowledging that the requirement ensures practical exposure, he cautioned that its impact on women aspirants, especially those from rural or small-town backgrounds facing social and financial constraints, would need to be carefully observed over time.
Concluding his address, he reiterated that the justice system must strive to bridge the gap between constitutional ideals and lived realities, ensuring that the rule of law remains paramount.
