New Delhi: The Supreme Court on Thursday declined to entertain a plea challenging the validity of the provision mandating “blanket and automatic” disqualification of legislators upon conviction and sentence.
Counsel for petitioner Aabha Muralidharan, contended before Chief Justice of India D.Y. Chandrachud that the provision restrains a lawmaker from freely discharging the duties cast upon him/her by the voters of the constituency.
The bench, also comprising Justices P.S. Narasimha and J.B. Pardiwala, told counsel that the court is not inclined to entertain the petition and “let the aggrieved party come before us”.
The bench asked the counsel, “How are you as an individual affected? When you are disqualified due to the provision, then we can look into it” and asked the lawyer to either withdraw your petition or it will dismiss it.
The plea prayed that automatic disqualification under Section 8A(3) of the Representation of People Act, 1951, should be declared as ultra vires of the Constitution, for being arbitrary, illegal, and violative of fundamental right to equality.
The petitioner, a social worker from Kerala’s Malappuram, sought a direction that automatic disqualification did not exist under Section 8A(3) of the Act, while citing Congress leader Rahul Gandhi’s disqualification as an MP by the Lok Sabha Secretariat.
The plea said: “The grounds for disqualification ought to be specific with the nature of offences as specified under the Code for Criminal Procedure and not in a blanket form, as is currently in force under Section 8(3) of the RP Act”.
The plea contended that interpretation provided by the apex court in Lily Thomas case (2013) requires re-examination, to the effect of adjudicating the provisions of disqualification under Chapter III of the Act. “The operations of Lily Thomas case are being blatantly misused for wreaking personal vengeance against the political parties,” said the plea.
“If the offence under SectionA499 and 500 of the IPC, which just technically has a maximum punishment of 2 years is not removed singularly from the sweeping effect of the judgement in Lily Thomas, it will have a chilling effect on the right of representation of the citizens.”
Man dragged on Lok Sabha MP’s car bonnet for 2-3 kms in Delhi (Photo: Twitter)
New Delhi: In a shocking incident, a car belonging to Lok Sabha MP Chandan Singh was caught on camera driving with a person hanging on the bonnet for around two to three kilometres here, police said on Monday.
#WATCH | Delhi: At around 11 pm last night, a car coming from Ashram Chowk to Nizamuddin Dargah drove for around 2-3 kilometres with a person hanging on the bonnet. pic.twitter.com/54dOCqxWTh
The incident took place around 11 p.m. when the car was travelling from Ashram Chowk to Nizamuddin Dargah. The victim, however, did not suffer any injuries.
During the incident, the MP was not present in the car.
A senior police official said, “The driver of the car has been identified as Ramchandra and a case of rash and negligent driving has been lodged against him.”
The incident has sparked outrage among people on social media, with many demanding strict action against the driver.
Guna: A man was booked in Guna in Madhya Pradesh for allegedly giving triple talaq to his estranged wife, a police official said.
Triple talaq, also called ‘talaq-e-biddat’, is a practice by which a man could divorce his wife by pronouncing the word ‘talaq’ three times without citing any reason for this act.
The Supreme Court in 2017 termed triple talaq as violative of Article 14 of the Constitution and the Union government in 2018 brought in the Muslim Women (Protection of Rights on Marriage) Act, which banned the method and stipulates a jail term of three years and fine for anyone practising instant talaq.
Jahir Khan, resident of Baran in neighbouring Rajasthan, was booked on the complaint of his 29-year-old wife, who was living in her maternal home since 2019 due to frequent quarrels with her husband, Raghogarh police station in charge Anoop Bhargava.
“She had filed a case for maintenance from her husband in a court here. On Saturday, Khan arrived for a hearing and gave her triple talaq in the presence of her mother and relative,” Bhargava said.
Hyderabad: The Telangana High Court on Friday adjourned, to June 5, the hearing on the anticipatory bail petition of Kadapa MP Y.S. Avinash Reddy in former Andhra Pradesh minister Y.S. Vivekananda Reddy’s murder case.
While the MP’s counsel pleaded to the court to pass an order restraining CBI from taking any harsh measure against him in the case, Justice K. Surender made it clear that it’s not possible to hear the arguments and pass an order immediately.
As the court has summer holidays from Saturday, the judge adjourned the hearing to June 5.
Avinash Reddy’s lawyer Niranjan Reddy requested the court to hear the case during holidays as the CBI is likely to arrest the MP. The judge suggested that in case of any emergency, they may make a request to the Chief Justice.
Counsel then requested the court to at least pass an order restraining the CBI from arresting him for two weeks. The High Court, however, made it clear that in view of the Supreme Court’s judgement, it can’t pass such an order.
The MP’s counsel was suggested to approach a special vacation bench, if necessary.
The Supreme Court had last week set aside Telangana High Court’s interim order, staying his arrest by the CBI till April 25.
The apex court pronounced the order on a petition filed by Vivekananda Reddy’s daughter Suneetha Reddy.
A bench comprising Chief Justice D.Y. Chandrachud and Justice P.S. Narasimha also extended the deadline for completing the investigation into the case till June 30.
The Supreme Court had earlier fixed April 30 as the deadline for the CBI.
Avinash Reddy, cousin of Andhra Pradesh Chief Minister Y.S. Jagan Mohan Redddy, appeared before the CBI as per the interim order of the Telangana High Court on his anticipatory bail petition.
Vivekananda Reddy, brother of former Chief Minister Y.S. Rajasekhara Reddy, and uncle of Jagan Mohan Reddy, was murdered at his residence in Pulivendula on March 15, 2019, weeks before the elections.
The 68-year-old former state minister and former MP was alone at his house when unidentified persons barged in and killed him.
The CBI took over the investigation into the case in 2020 on the direction of Andhra Pradesh High Court while hearing a petition of Vivekananda Reddy’s daughter Suneetha Reddy, who raised suspicion about some relatives.
The government is to ditch plans to scrap up to 4,000 EU laws by the end of the year after a private meeting with Brexiter MPs.
It now aims to remove 800 statutes and regulations, instead of 3,700 laws it had lined up for a “bonfire” of EU law in December, threatening everything from passenger rights and compensation for cancelled flights, to equality employment law and environmental standards and protections.
The plan emerged after the trade secretary, Kemi Badenoch, briefed Eurosceptic MPs in the European Research Group at a meeting on Monday.
Sources have confirmed the plan discussed at that meeting to slash the number of laws targeted by the bill, which is expected to return to the House of Lords on 15 May.
However, one of the bill’s staunchest critics, Stella Creasy, the Walthamstow MP and chair of the Labour party movement for Europe, said a smouldering bonfire did nothing to address the sweeping powers the bill was giving ministers to change laws without due scrutiny.
“All those wanting to defend parliamentary sovereignty should be wary of the government using the promise not to delete vital rights now as a Trojan horse to get this legislation through parliament and then use the powers in it to destroy legislation later,” she said.
“The retained EU law bill in its current form still seeks to use Brexit as an excuse for a ministerial power grab, which is why we will continue to work with colleagues across the house and campaigners in all quarters to protect the role MPs play in making laws from an overbearing and often unaccountable executive.”
Any climbdown on the legislation tabled by Jacob Rees-Mogg as a “Brexit freedoms” bill risked angering hardline Tory Brexiters but the depth of opposition to it from business, environmental groups, unions and Brussels has left ministers with no option but to consider a full-scale delay or a scaled-down version.
A government spokesperson said: “We remain committed to ensuring the retained EU law (REUL) bill receives royal assent and that the supremacy of EU law ends with unnecessary and burdensome EU laws removed by the end of this year.
“Once passed, the bill will enable the country to further seize the opportunities of Brexit by ensuring regulations fit the needs of the UK, helping to grow our economy and drive innovation.”
Among the 800 laws on the “to save list” are the working time directive, which protects working hours and environmental legislation.
Under the bill, laws that were not actively saved or updated would automatically face the axe on 31 December under a controversial deadline known as a “sunset clause”.
William Bain, the head of trade policy at the British Chambers of Commerce, urged the government to scrap the clause, given the BCC’s view that businesses are just starting to regain confidence after years of battering by the pandemic, energy prices and inflation. “Now is not the time to knock that with a hasty sunset clause across vast areas of UK regulation,” he said.
Badenoch’s plan reportedly went down “like a lead balloon” at the meeting with the ERG, but sources said she told the MPs that it was the practical solution to getting the controversial bill through this year.
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Last month, the Observer revealed that the government had begun a full-scale retreat over the bill, which had been criticised not only for its attempt to sweep thousands of laws off the statute books but the “unprecedented” powers it gave ministers to update, reform or axe laws without the usual parliamentary scrutiny.
Legal experts labelled it “undemocratic” and an “invitation to litigation”, while environmental groups and trade unions launched high-profile campaigns to stop the bill, first tabled by Rees-Mogg as a Brexit freedom bill.
Efforts to kill off the bill were further fuelled when it emerged there was little capacity in the civil service to scrutinise each law and draft updates or recommendations by the deadline of December.
Badenoch reportedly told MPs that civil servants had told her that the timeframe was unviable, with the majority of the EU law transferred over to domestic statute books in environment and agriculture sectors, where the government faced high-profile concerted campaigns against their plan.
The list of laws targeted by the government includes bans on animal testing for cosmetics, passenger compensation rights for those whose flights are delayed, equal pay for men and women, and pension rights for widows of same-sex marriages.
It recently emerged that 25 groups concerned about safety standards, including the TUC and the British Safety Council and the Royal Society for the Prevention of Accidents, had said the government’s timetable created dangerous uncertainty.
The government approach was further undermined when it emerged that it did not have a handle on the number of laws that would be affected by the bill.
Its “dashboard” initially listed 2,000 laws, but in the past month it had added another 1,700 after research at the National Archive, fuelling fears that some critical legislation could fall through the cracks and be deleted from the statute books.
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#Bonfire #laws #watered #meeting #Brexiter #MPs
( With inputs from : www.theguardian.com )
Hyderabad: The Central Bureau of Investigation (CBI) on Monday completed questioning of Kadapa MP Y.S. Avinash Reddy’s father Y.S. Bhaskar Reddy and their follower Uday Kumar Reddy in former minister Y.S. Vivekananda Reddy’s murder case.
After six days of questioning, the CBI presented the two before a court and they were later shifted back to Chanchalguda Jail.
The CBI court had sent them to six-day custody of the central agency last week.
Bhaskar Reddy was arrested by the CBI on April 16 while his follower Uday Kumar Reddy was arrested on April 14 in Pulivendula town of Kadapa district in Andhra Pradesh. Both were brought to Hyderabad where a court sent them to judicial custody.
Meanwhile, the CBI is also reported to have recorded the statement of former Superintendent of Police of Kadapa, Rahul Dev Sharma. The CBI officials are believed to have collected vital information from him about the case. He was Kadapa SP when Vivekananda Reddy was murdered in 2019.
The agency last week also questioned Rajasekhar Reddy, husband of Vivekananda Reddy’s daughter Suneetha Reddy.
Meanwhile, the Supreme Court on Monday set aside the Telangana High Court granting protection to Kadapa MP Avinash Reddy from arrest till April 25.
The apex court pronounced the order on Suneetha Reddy’s petition. A bench comprising Chief Justice D.Y. Chandrachud and Justice P.S. Narasimha also extended the deadline for completing the investigation into the case till June 30.
The Supreme Court had earlier fixed April 30 as the deadline for the CBI.
Avinash Reddy, cousin of Andhra Pradesh Chief Minister Y.S. Jagan Mohan Redddy, appeared before the CBI as per the interim order of the Telangana High Court on his anticipatory bail petition.
Vivekananda Reddy, brother of former chief minister Y. S. Rajasekhara Reddy, and uncle of Jagan Mohan Reddy, was murdered at his residence in Pulivendula on March 15, 2019, weeks before the elections.
The 68-year-old former state minister and former MP was alone at his house when unidentified persons barged in and killed him.
The CBI took over the investigation into the case in 2020 on the direction of Andhra Pradesh High Court while hearing a petition of his daughter Suneetha Reddy, who raised suspicion about some relatives.
Hyderabad: The Central Bureau of Investigation (CBI) continued questioning Kadapa MP Y.S. Avinash Reddy’s father Y.S. Bhaskar Reddy and their follower Uday Kumar Reddy for a fifth day on Sunday in former minister Y.S. Vivekananda Reddy’s murder case.
The duo was brought from Chanchalguda Jail to the CBI office.
The CBI court had sent them to six-day custody of the central agency last week, which will expire on Monday.
The probe agency officials were questioning the accused about the motive behind the murder.
Bhaskar Reddy was arrested by the CBI on April 16, just two days Uday Kumar Reddy was arrested on April 14 in Pulivendula town of Kadapa district in Andhra Pradesh. Both were brought to Hyderabad where a court sent them to judicial custody.
Meanwhile, the Supreme Court will hear on Monday the petition of Vivekananda Reddy’s daughter Suneetha Reddy challenging the Telangana High Court order granting protection to Avinash Reddy from arrest till April 25.
Observing that an “atrocious and unacceptable” order was passed by the high court, a bench comprising Chief Justice D.Y. Chandrachud and Justice P.S. Narasimha on Friday stayed proceedings before the high court and issued notice on the plea challenging protection to Reddy
The Supreme Court, however, directed the CBI not to arrest the MP till April 24.
Avinash Reddy, cousin of Andhra Pradesh Chief Minister Y.S. Jagan Mohan Redddy, has been appearing before the CBI as per the interm order of the Telangana High Court on his anticipatory bail petition.
Vivekananda Reddy, brother of former chief minister Y.S. Rajasekhara Reddy, and uncle of Jagan Mohan Reddy, was murdered at his residence in Pulivendula on March 15, 2019, weeks before the elections.
The 68-year-old former state minister and MP was alone at his house when unidentified persons barged in and killed him.
The CBI took over the investigation into the case in 2020 on the direction of Andhra Pradesh High Court while hearing a petition of Vivekananda Reddy’s daughter Suneetha Reddy, who raised suspicion about some relatives.
Hyderabad: The Central Bureau of Investigation (CBI) postponed questioning of Kadapa MP Y.S. Avinash Reddy in Y.S. Vivekananda Reddy murder case to Tuesday evening as his petition for anticipatory bail was being heard by the Telangana High Court.
The CBI, which had directed Avinash Reddy to appear before the CBI regional office at 10.30 a.m., postponed the hearing on the suggestion of the High Court.
The agency had earlier deferred the MP’s questioning on Monday in view of the hearing.
The High Court was hearing the arguments of counsels of Avinash Reddy, CBI and Vivekananda Reddy’s daughter Suneetha Reddy, who has impleaded in the case.
Avinash Reddy’s counsel pleaded to the court to direct the CBI not to arrest him. The agency submitted to the court that if necessary they will arrest Avinash Reddy.
The CBI counsel told the court that they suspect Avinash Reddy’s involvement in the murder conspiracy. The central agency believes that he played a key role in causing disappearance of evidence from the scene of the crime.
Suneetha Reddy has also filed an impleading petition in the High Court. She prayed to the court to hear her arguments before pronouncing its judgment.
The MP fears arrest in the case as his father Y.S. Bhaskar Reddy was arrested in the case on Sunday. In its petition seeking custody of Bhaskar Reddy, the CBI had named Avinash Reddy as co-accused.
Bhaskar Reddy, who was arrested in Pulivendula on Sunday, was brought to Hyderabad and produced before a magistrate, who remanded him to judicial custody for 14 days.
The agency has alleged that Bhaskar Reddy along with co-accused D. Siva Shankar Reddy, Gangi Reddy, G. Uday Kumar Reddy and Avinash Reddy played key roles in causing disappearance of evidence from the scene of murder. For the first time, the CBI has named Avinash Reddy as accused in the case.
Avinash Reddy, cousin of Andhra Pradesh Chief Minister Y.S. Jagan Mohan Reddy, has been questioned by the CBI four times during the last couple of months. However, his statements were recorded as a witness.
Following his father’s arrest on Sunday, Avinash Reddy alleged that the CBI ignored some key facts in the case and was treating them as the accused.
Vivekananda Reddy, brother of former Chief Minister Y.S. Rajasekhara Reddy and uncle of present Chief Minister Y.S. Jagan Mohan Reddy, was found murdered at his residence in Pulivendula of Kadapa district on the night of March 15, 2019, a few days before the elections.
The 68-year-old former state minister and former MP was alone at his house when unidentified persons barged in and killed him.
The CBI took over the investigation into the case in 2020 on the direction of Andhra Pradesh High Court while hearing a petition of Vivekananda Reddy’s daughter Suneetha Reddy, who raised suspicion about some relatives.
The Supreme Court transferred the case to Hyderabad in November last year while observing that doubts raised by Suneetha Reddy about getting a fair trial and investigation in Andhra Pradesh were reasonable.
Hyderabad: The Central Bureau of Investigation (CBI) has deferred, to Tuesday, the questioning of Kadapa MP Y.S. Avinash Reddy in the Y. S. Vivekananda Reddy murder case.
When Avinash Reddy reached the CBI regional office in Hyderabad in response to the notice served on him on Sunday, he was informed that the questioning had been postponed to Tuesday.
The CBI has sent a fresh notice to him asking him to appear for questioning at 10.30 a.m. on Tuesday.
The central agency is believed to have postponed the questioning on the advice of the Telangana High Court, which was hearing the anticipatory bail petition of the MP.
Avinash Reddy was directed to appear before CBI officials at 3 p.m. and he had reached Hyderabad from his native Pulivendula in Kadapa district of Andhra Pradesh.
The MP had also filed a petition in the Telangana High Court for anticipatory bail. The court wanted the CBI to postpone the questioning in view of the hearing.
Meanwhile, Vivekananda Reddy’s daughter Suneetha Reddy has also filed an impleadment petition in the High Court. She prayed to the court to hear her arguments before pronouncing its judgment.
The MP fears arrest in the case as his father Y.S. Bhaskar Reddy was arrested in the case on Sunday. In its petition seeking custody of Bhaskar Reddy, the CBI has named Avinash Reddy as co-accused.
Bhaskar Reddy, who was arrested in Pulivendula on Sunday, was brought to Hyderabad and produced before a magistrate, who sent him to judicial custody for 14 days. The CBI has also filed a petition seeking his custody for further questioning.
The agency has alleged that Bhaskar Reddy, along with co-accused D. Siva Shankar Reddy, Gangi Reddy, G. Uday Kumar Reddy and Avinash Reddy, played key roles in causing disappearance of evidence from the scene of murder. For the first time, the CBI has named Avinash Reddy as accused in the case.
Avinash Reddy, cousin of Andhra Pradesh Chief Minister Y.S. Jagan Mohan Reddy, has been questioned by the CBI four times during the last couple of months. However, his statements were recorded as a witness.
Following his father’s arrest on Sunday, Avinash Reddy alleged that the CBI ignored some key facts in the case and was treating them as the accused.
Vivekananda Reddy, brother of undivided Andhra Pradesh’s former Chief Minister Y.S. Rajasekhara Reddy and uncle of present Chief Minister Y.S. Jagan Mohan Reddy, was found murdered at his residence in Pulivendula of Kadapa district on the night of March 15, 2019, a few days before the elections.
The 68-year-old former state minister and former MP was alone at his house when unidentified persons barged in and killed him.
The CBI took over the investigation into the case in 2020 on the direction of Andhra Pradesh High Court while hearing a petition of Vivekananda Reddy’s daughter Suneetha Reddy, who raised suspicion about some relatives.
The Supreme Court transferred the case to Hyderabad in November last year while observing that doubts raised by Suneetha Reddy about getting a fair trial and investigation in Andhra Pradesh were reasonable.
YSR Congress party MP Magunta Srinivasulu Reddy- IANS
New Delhi: Raghav Magunta, son of YSR Congress Party MP from Andhra Pradesh’s Ongole Magunta Sreenivasulu Reddy, recorded false statement before the Enforcement Directorate (ED) in connection with the Delhi excise policy scam and also destroyed crucial evidence to derail the probe, the ED has claimed in the charge sheet, a source said.
Magunta was placed under arrest on February 10 this year by the ED.
He was grilled at length and later the ED filed a second supplementary charge sheet naming him as one of the accused.
The ED has claimed that Magunta recorded a fake statement under section 50 of the Prevention of Money Laundering Act (PMLA). The statement pertaining to his control of Magunta Agro Farms and Pixie Enterprises.
“It was a fictitious account which he told us. We learnt it during the course of investigation. We seized his phone, but he had deleted the entire data. It was crucial evidence which he destroyed. His intention was to derail the investigation,” said the source.
Later, the ED retrieved his chats with Buchi Babu from Babu’s cell phone. The ED source said that Magunta’s chats were intact in the phone of Buchi Babu while in his own cell phone there was no data, which proved that crucial evidence was deliberately destroyed. It was a crucial chat which the ED needed to prove the duo’s guilt.
“Magunta has changed his mobile phone multiple times during the period of commission of the predicate offence and later on. Most importantly the phone containing the data of the relevant period of scam has not been found,” the ED has claimed