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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There is video showing ex-Minority Panel chief accusing Vijayendra of trying to 'bribe' him: CM
Belagavi (PTI): Karnataka Chief Minister Siddaramaiah on Monday said that there was video footage showing former state Minority Commission Chairperson Anwar Manippady accusing state BJP president B Y Vijayendra of attempting to "bribe" him by offering Rs 150 crore, to hush up his report on the Waqf encroachments.
The chief minister's statement came in response to Manippady on Sunday denying such an offer was made to him by Vijayendra, and instead alleging that Congress leaders had tried to bribe him.
Manippady, as the chairman of the Karnataka State Minority Commission, had prepared the report and submitted it to the then BJP government in March 2012. It was tabled in the legislature in 2020, when the BJP was again in power.
"Manippady had himself said it in the past. Which (statement of his) is right and which one is wrong? Manippady is the one who said it first, based on which we reacted. If he now says no, what should be done, tell me. According to me, our reaction is right," Siddaramaiah said.
Speaking to reporters here, he said, "He (Manippady) is the one who had claimed that Rs150 crore was offered to him. There is a video recording. He said it at a press meet. Now, after many years, he is denying it. What should be done, tell me."
Asked if he would order a CBI probe into alleged claims by Manippady, the CM said, "he (Manippady) has said it. Let's see. The issue will be raised and discussed."
Siddaramaiah, earlier in a statement on Saturday said -- Manippady had publicly stated that Vijayendra visited his house during B S Yediyurappa's tenure as CM and offered Rs 150 crore to be silent about the Waqf property encroachment report.
Demanding a CBI probe, the CM in his statement said -- Manippady has further stated that he sent Vijayendra out of his house when he offered money, and reported the incident to PM Narendra Modi and the BJP president.
Vijayendra on Sunday said the Congress and Siddaramaiah seem to be "perturbed" by the allegations of corruption and scam against them, especially by the MUDA site allotment case against the CM.
Questioning whether there was any logic in the allegation, he asked: ".... why should I go to Anwar Manippady's house and offer Rs 150 crore? That too to save Congress leaders (named in the report)?
Siddaramaiah, in response to another question, said his government was ready for discussion on issues concerning north Karnataka and to respond to the debate on Waqf issue in the Assembly, during the ongoing winter session of state legislature here.
"It has been decided that there will be discussion on issues concerning north Karnataka for three days -- Monday, Tuesday and Wednesday. Don't know what subject the opposition raises. Debate on Waqf issue and reply to it is still pending...the government is ready for both discussion on north Karnataka and to reply to the debate on Waqf issue," he said.
Asked about Union Minister Pralhad Joshi demanding that the CM apologise to Panchamasali Lingayat community for police lathi charge during the community's protest seeking higher reservation in Belagavi last week, Siddaramaiah said, "Why didn't Joshi do it? Why didn't Joshi resolve the issue and fulfill the demand (when BJP was in power)? The ones who did not resolve the issue have to apologise."
