Gujarat properties law: Presumption of constitutionality attached to every enactment, says SC
New Delhi (PTI): There is a presumption of constitutionality attached to every enactment, the Supreme Court on Monday said and dismissed a plea against a Gujarat High Court order refusing to suspend certain provisions of a 1991 state law over properties in disturbed areas.
While hearing the challenge, Justices Dipankar Datta and Prashant Kumar Mishra, asked, "How can, by an interim order, certain provisions be suspended?"
"There is a presumption of constitutionality attached to every enactment," it observed.
The high court on October 28 rejected an application seeking suspension of certain provisions of the Gujarat Prohibition of Transfer of Immovable Property and Provisions for Protection of Tenants from Eviction from Premises in the Disturbed Areas Act, 1991.
The law prohibits the transfer of immovable property in the disturbed areas of the state.
The high court noted as far as the relief prayed for the suspension of certain provisions of the 1991 Act -- vires of which were challenged in the writ petition itself -- goes, the merits of the writ petition was required to be addressed.
The apex court, however, said the petitioners could pursue their pending plea challenging the provisions of the Act before the high court.
It said the main petition was pending before the high court for the last three years and the petitioners could request the high court's chief justice for an early hearing.
"Are you not interested in a early hearing before the high court?" the bench asked.
The petitioners counsel said they wanted the main matter to be heard soon in the high court.
"We are not inclined to interfere with the impugned order passed by the division bench of the high court," said the top court and dismissed the plea.
The bench, however, clarified if the request for an early hearing in the main matter was made, the high court would consider it.
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Karnataka: SP’s gunman among two arrested for extorting money from rice smuggler
Ballari (Karnataka) (PTI): An armed police constable serving as the district superintendent of police’s personal gunman, along with his accomplice, was arrested for allegedly extorting money from a rice smuggler, police said on Friday.
Devaraj, who had been serving as the SP’s gunman for the past four and a half years, was identified as the mastermind behind the incident.
Following an investigation, Devaraj and his accomplice Sairam were arrested on May 6, while efforts are underway to nab a third accused, Gadilinga, a practising advocate in Ballari, who is absconding, police said.
The matter came to light after a complaint was filed by Sharabappa, a habitual offender allegedly involved in illegal rice transport, they added.
According to police, the incident occurred on the intervening night of April 27 and 28, when a group of masked men intercepted Sharabappa’s rice-laden vehicles near the Moka forest area.
The accused allegedly introduced themselves as members of an “SP squad”, threatened to seize the vehicles and file criminal cases, and demanded money to avoid legal action.
Police said the accused initially demanded Rs 5 lakh and later extorted around Rs 3 lakh from the complainant.
Investigation revealed that Devaraj was the main person involved in demanding and collecting the money, while Sairam and Gadilinga were also involved in the offence. Sairam was allegedly involved in similar activities earlier as well.
Devaraj and Sairam were arrested under Sections 308(2) (extortion) and 3(5) (common intention) of the Bharatiya Nyaya Sanhita.
Police also seized the extorted cash, the four-wheeler, and mobile phones allegedly used in the crime. Efforts are underway to trace Gadilinga.
Addressing a press conference, Ballari Superintendent of Police Suman D Pennekar described the incident as a serious offence that has tarnished the image of the police department.
"There is no official ‘SP squad’ or ‘DSP squad’ operating in the district. Such labels are often misused by impostors or corrupt individuals to commit extortion," the SP clarified.
She said no involvement of other police officers has been found so far.
Departmental proceedings have been initiated against Devaraj, and suspension proceedings are underway. The SP added that strict action will be taken against anyone involved in such offences.
Police said Sharabappa, the complainant, is a known habitual offender involved in illegal rice smuggling, and several cases have already been registered against him in the Moka and Peddihalli areas. A separate case has also been registered against him in connection with rice smuggling on the night of the incident.
Authorities are also exploring the possibility of initiating externment proceedings against him under applicable legal provisions.
The SP urged the public to report any extortion attempts by persons claiming to be part of an “SP squad”, assuring that the identity of informants will be kept confidential.
