CJI agrees to consider Karnataka Hijab ban case for urgent listing in SC

News Network
January 23, 2023

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New Delhi, Jan 23: Chief Justice of India DY Chandrachud on Monday agreed to consider urgent listing of the Hijab row case after petitioners cited the need for immediate hearing as students need to attend college exams in Karnataka.

A three-judge bench is likely to hear the matter.

Two judges on a Supreme Court bench in October 2022 had delivered opposing verdicts in the hijab controversy, and asked the Chief Justice to constitute an appropriate bench to adjudicate in the case that stemmed from a ban on wearing the Islamic head covering in Karnataka education institutes.

On March 15,2022, Karnataka High Court had dismissed the petitions filed by a section of Muslim students of Government Pre-University Girls College in Karnataka's Udupi seeking permission to wear the hijab inside classrooms, ruling it is not a part of the essential religious practice in Islamic faith.

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News Network
March 28,2024

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Mangaluru, Mar 28: A fish meal factory in the Baikampady Industrial area in Mangaluru was gutted in a fire incident on Thursday, officials said.

The factory is owned by the company 'Shihar Enterprises', they said.

According to the locals, the fire was first noticed at 4.45 am today, which was immediately reported to the fire department.

The fire engines reached the spot and tried to douse the fire, but it had already spread to other parts of the factory. After almost four hours of fire-fighting operation, the blaze was completely doused, officials.

The reason for the blaze is still being probed, the fire department officials said, adding that they suspect an electric short circuit could have triggered it.

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News Network
March 22,2024

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New Delhi, Mar 22: The Aam Aadmi Party has made it clear that Arvind Kejriwal will remain the Delhi Chief Minister despite his arrest in the liquor policy case. While no law would stop the AAP leader from running the state from prison, the jail guidelines would make it extremely difficult.

Kejriwal was arrested yesterday by the Directorate of Enforcement (ED), following his avoidance of nine summons issued by the investigative agency in relation to the Delhi liquor policy case. 

The decision to apprehend Kejriwal transpired shortly after the High Court's denial of protection from arrest. With this development, Kejriwal becomes the second opposition Chief Minister to face arrest by the ED within a span of fewer than two months, following Jharkhand Chief Minister Hemant Soren's similar fate in January 2024 due to allegations in a graft case. Subsequently, Hemant Soren was replaced by his party colleague, Champai Soren.

Delhi government minister Atishi declared shortly after Kejriwal's arrest that he would not step down from his position. However, the legality and feasibility of a detained Chief Minister continuing to fulfill official duties warrant examination.

A former law officer of Delhi's Tihar Jail says that an inmate can only hold two meetings in a week, which would make it difficult for Mr Kejriwal to carry out his responsibilities as Chief Minister.

Can he run government from prison?

While theoretically plausible, governing from detention presents logistical challenges. However, there exists no explicit prohibition against a Chief Minister conducting official responsibilities while under arrest. Disqualification only occurs upon conviction.

The Representation of the People Act, 1951 outlines disqualification provisions for specific offenses, necessitating a conviction for those holding office.

Will centre impose president’s rule?

Constitution expert SK Sharma told TOI that there exists no specific legal provision mandating the automatic resignation of a state's Chief Minister upon arrest. He cited the example of former Bihar CM Lalu Prasad Yadav, who appointed his wife Rabri Devi as CM during his arrest. "Former Bihar CM Lalu Prasad Yadav made his wife Rabri Devi the CM of the state when he was arrested. More recently, Hemant Soren in Jharkhand also resigned. Calling cabinet meetings in the jail or review meetings with officials in his cell does not seem practical," said Sharma.

Sharma further indicated that if AAP persisted in retaining Kejriwal as CM, it could lead to a deadlock, potentially prompting the Centre to impose President's rule in Delhi.

What may happen next?

Despite AAP's unwavering stance on Kejriwal's continuation in office, internal sources say that potential successors, including Atishi and health minister Saurabh Bharadwaj. Atishi, known for her extensive portfolio and close ties to Kejriwal, alongside Bharadwaj, a prominent minister with significant responsibilities, emerged as likely contenders. Additionally, sources speculated about the surprise candidacy of Kejriwal's wife, Sunita, given her background as a revenue services officer and active involvement in party affairs.

However, finding a successor of comparable stature to Kejriwal, a national convener of the party and three-time Delhi CM, presents a formidable challenge for AAP.

Role of Delhi's Lieutenant Governor

Delhi's unique power structure, featuring an elected Chief Minister and a Lieutenant Governor appointed by the Centre, presents a complex scenario. Kejriwal's ability to continue as CM hinges on legal relief, failing which the Lieutenant Governor can seek Presidential intervention, potentially leading to the imposition of President's rule.

Recent cases demonstrate how denial of bail can compel resignation, highlighting the precarious position of arrested officials.

In light of these developments, the Lieutenant Governor could invoke 'failure of constitutional machinery' to justify President's rule, thereby bringing the national capital under direct Union government control until the end of the current Assembly's tenure in February 2025.

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News Network
March 28,2024

An Indian expatriate, hailing from Dakshina Kannada district in Karnataka, who was detained in Jeddah jail in an alleged cyber case, was set free recently. He is allowed to continue his work in the same company. 

The 49-year-old Mangalurean, has been working for a Maintenance company in Jeddah for more than 13 years. He is known for his efficiency and sincerity in the company with good experience in his field of work. 

His company usually assigned him on duty in Jeddah sea port to take the delivery of the goods consigned to his company. As a part of his duty, he normally takes pictures of the goods before the transportation. He did the same in February 2023 too. 

The security personnel informed the police about his act that amounts to be a violation of the port security rule. He was unaware of the rule as he was doing it normally in the port during the release of the goods. Since then, he was detained by the police on the charge of photographing inside the port premises. After more than 6 months detention, he was released and allowed to work in the same company. 

The detainee’s brother based in Jeddah was constantly pursuing the case.

P A Hameed Padubidri, a pro-bono NRI lawyer and social worker based in Riyadh, extended his socio-humanitarian help in this case upon the request of his family and relatives. 

He actively involved trying to set him free from the jail on humanitarian grounds with the coordination and help of the Consulate General of India (CGI) Jeddah. The CGI keenly followed up the case with the concerned Saudi authorities. He was released from the jail recently and shared his happiness with his family and thanked good samaritans. 

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