HC to decide if gram panchayat members can continue in Manipur post tenure: SC
New Delhi (PTI): The Supreme Court on Thursday said the high court would decide whether the elected gram panchayat members, whose five-year tenure was over in Manipur, were entitled to continue in their posts in the event of the appointment of an administrative committee or an administrator.
A bench of Justices Surya Kant and N Kotiswar Singh said it would like to have the benefit of the view of the high court in the matter and set a three-month time frame to adjudicate the legal question.
"The question that falls for consideration in this case is that whether the elected member of the Gram Panchayat whose five-year tenure is over was entitled to continue as members of the gram panchayat in the event of appointment of administrative committee or administrator, as contemplated under Section 22 of the Manipur Panchayati Raj Act of 1994," the bench noted.
The Manipur government’s counsel said the state could not hold panchayat elections due to the unprecedented violence.
"Since, we would like to have the advantage of the opinion of the high court, we dispose of the special leave petition without expressing any opinion on merits, with the request to the chief justice of Manipur High Court to post the main case before a division bench at the earliest. We further request the division bench, before whom the matter is listed, to provide expeditious hearing with an endeavour to resolve the controversy within three months," the bench said.
The bench noted that provision of Manipur Panchayati Raj Act was amended to substitute the word "cease" with the word "continue" with respect to the tenure of the elected members of the gram panchayat.
The petitioners have challenged a high court order and submitted that since elections in gram panchayat could not be held in Manipur for various reasons, the previously elected members of the panchayat were entitled to continue as per the amended Section 22 (3) of 1994 Act.
Section 22 deals with the power of deputy commissioner to appoint an administrative committee or an administrator for a period of six months, which will then oversee the election.
Section 22 (3) of the law says once the administrative committee or an administrator is appointed by the deputy commissioner, the elected members of earlier gram panchayat shall cease to exist.
The top court said what has been challenged before it was an interlocutory order of the high court and the main petition in which the question of law that had been raised was still pending.
The original petitioners before the high court were elected representatives at the fifth general elections for gram panchayats and the zilla parishads who sought a direction to continue in the office beyond the period of five years as stipulated by law as elections were last held in 2017.
They sought to continue as panchayat members till the time the state election commission notified the election for the sixth general elections for gram panchayats and zilla parishads.
On February 29, last year, the high court in its interim order gave liberty to Manipur government to appoint an administrative committee for each gram panchayat and zilla parishad in accordance with law and the provision of the Act.
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US SC rejects 26/11 attack accused Tahawwur Rana’s plea seeking stay on his extradition to India
New York, Apr 7 (PTI): The US Supreme Court has rejected 26/11 Mumbai terror attack accused Tahawwur Rana's appeal seeking a stay on his extradition to India, moving him closer to being handed over to Indian authorities to face justice.
Rana, 64, a Canadian national of Pakistani origin, is currently lodged at a metropolitan detention centre in Los Angeles.
He is known to be associated with Pakistani-American terrorist David Coleman Headley, one of the main conspirators of the 26/11 attacks. Headley conducted a recce of Mumbai before the attacks by posing as an employee of Rana’s immigration consultancy.
Rana had submitted an ‘Emergency Application For Stay Pending Litigation of Petition For Writ of Habeas Corpus' on February 27, 2025, with Associate Justice of the Supreme Court of the United States and Circuit Justice for the Ninth Circuit Elena Kagan.
Kagan had denied the application earlier last month.
Rana had then renewed his ‘Emergency Application for Stay Pending Litigation of Petition for Writ of Habeas Corpus previously addressed to Justice Kagan’, and requested that the renewed application be directed to US Chief Justice John Roberts.
An order on the Supreme Court website noted that Rana's renewed application had been “distributed for Conference” on April 4 and the “application” has been “referred to the Court.”
A notice on the Supreme Court website Monday said that “Application denied by the Court.”
Rana was convicted in the US of one count of conspiracy to provide material support to the terrorist plot in Denmark and one count of providing material support to Pakistan-based terrorist organisation Lashker-e-Taiba which was responsible for the attacks in Mumbai.
New York-based Indian-American attorney Ravi Batra had told PTI that Rana had made his application to the Supreme Court to prevent extradition, which Justice Kagan denied on March 6. The application was then submitted before Roberts, “who has shared it with the Court to conference so as to harness the entire Court’s view.”
The Supreme Court justices are Associate Justice Clarence Thomas, Associate Justice Samuel A. Alito, Jr., Associate Justice Sonia Sotomayor, Associate Justice Elena Kagan, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, Associate Justice Amy Coney Barrett, and Associate Justice Ketanji Brown Jackson.
In his emergency application, Rana had sought a stay of his extradition and surrender to India pending litigation (including exhaustion of all appeals) on the merits of his February 13.
In that petition, Rana argued that his extradition to India violates US law and the UN Convention Against Torture "because there are substantial grounds for believing that, if extradited to India, the petitioner will be in danger of being subjected to torture."
"The likelihood of torture in this case is even higher though as petitioner faces acute risk as a Muslim of Pakistani origin charged in the Mumbai attacks,” the application said.
The application also said that his “severe medical conditions” render extradition to Indian detention facilities a “de facto" death sentence in this case.
The US Supreme Court denied Rana's petition for a writ of certiorari relating to his original habeas petition on January 21. The application notes that on that same day, newly-confirmed Secretary of State Marco Rubio had met with External Affairs Minister S Jaishankar.
When Prime Minister Narendra Modi arrived in Washington on February 12 to meet with Trump, Rana’s counsel received a letter from the Department of State, stating that “on February 11, 2025, the Secretary of State decided to authorise” Rana’s "surrender to India,” pursuant to the “Extradition Treaty between the United States and India”.
Rana’s Counsel requested from the State Department the complete administrative record on which Secretary Rubio based his decision to authorize Rana’s surrender to India.
The Counsel also requested immediate information of any commitment the United States has obtained from India with respect to Rana’s treatment. “The government declined to provide any information in response to these requests,” the application said.
It added that given Rana’s underlying health conditions and the State Department’s findings regarding the treatment of prisoners, it is very likely “Rana will not survive long enough to be tried in India".
During a joint press conference with Prime Minister Modi in the White House in February, President Donald Trump announced that his administration has approved the extradition of "very evil" Rana, wanted by Indian law enforcement agencies for his role in the 26/11 Mumbai terror attacks, "to face justice in India”.
A total of 166 people, including six Americans, were killed in the 2008 Mumbai terror attacks in which 10 Pakistani terrorists laid a more than 60-hour siege, attacking and killing people at iconic and vital locations in Mumbai.
