'Hijacking' Of MLAs,MPs Per Se Is Undemocratic!

Amidst the dust and din over whether Uddhav Thackerey has requisite number of the MLAs to continue as the Chief Minister of Maharashtra or not, here comes the serious allegation from Nitin Deshmukh, an MLA elected from Balapur constituency stating that there was an attempt to kill him by the rebel Eknath Shinde group whom he defied after coming to know after reaching Surat that the group MLAs had turned against the incumbent Uddhav Thackerey. He added that when he wanted to return to Mumbai he was forcibly taken to a hospital and given some injections under the pretext that he had suffered heart attack. However, he survived and returned to Nagpur, he alleged.

Though Eknath Shinde has brushed aside the Deshmukh's allegation as a stunt and being false, there seems to be more than mere hollow allegations and Deshmukh's verson that he went to Surat because Shinde is a Minister and leader of Shiv Sena does not seem to be cutting the ice, a full-fledged impartial judicial enquiry alone can set right the record. However, what is more serious than the partisan politics is the level at which our body politic has stooped down.

The elected public representatives either voluntarily or forcibly perform the 'vanishing' trick with a view to save themselves or their leader in or out of power. Indeed, it is unfortunate that our 'elected' representatives are treated like purchasable commodities. The fear of being assaulted or killed by the adversary in case of going against him or being hijacked by the other side by jacking up the price for extending support to the one aspiring party or the other, not only demeans the stature of an elected representative but also makes the whole system of 'democracy' a laughing stock.

The history of hijacking the MLAs in Telugu States dates back to the regime of actor-turned politician N.T Rama Rao who had taken his supporters to Bengaluru/Ooty before facing the trust vote following the coup by his son-in-law Chandra Babu Naidu. Now, the hijack-culture has become an order of the day. This is nothing but mockery of democracy where money and muscle power dictate terms to the elected representatives.

Thus, in a game for power where one holding the strings of government and another trying to snatch that power of governance equally resort to unfair and undemocratic practices such as horse-trading, kidnapping or hijacking, illegally confining, criminally intimidating, assaulting or even killing. This is highly condemnable.

The selfish political elements need to be informed by the higher courts that our Constitution today is not a jellyfish, but it is a highly evolved organism. People look to the courts as guarantors and protectors of civil liberties and any citizen of our Republic can be legitimately proud of these august institutions. In the situation like one prevailing in Maharashtra now the judiciary cannot turn a Nelson's eye but take the matter in its hands suo motu and deliver authoritative pronouncements on such oft-repeating situation under Article 141 of the Constitution of India which will be binding on all.

SC ON SECTION 311 Cr.P.C

The Supreme Court in a case titled, Saud Faisal Vs State of Uttar Pradesh & Anr has held that merely because a different statement given by the same prosecution witness in another case that itself would not be a reason for recalling the witness.

Dismissing the Special Leave Petition (SLP) preferred by the petitioner who is facing trial in a murder case, the apex court held that considering the circumstances of the case on hand, the witness cannot be recalled under Section 311 of the Cr.P.C . This section provides the power to summon material witness, or examine person present at any time stage of any enquiry, trial or other proceeding under the Cr.P.C.

PERSON LIVING ABROAD CAN FILE PETITION FOR ANTICIPATORY BAIL

The single bench of Justice Bechu Kurian Thomas of the Kerala High Court has held that Section 438 of the Cr.P.C has no restrictive mandate that a person outside India cannot file an application seeking anticipatory bail. The court added that the only limitation is that prior to the final hearing, the applicant must be inside the country to enable the court to impose and enforce conditions contemplated under the statutory provisions.

Dealing with the bail application of rape-accused actor Vijay Babu Vs State of Kerala & anr, Justice Thomas further observed: "... It is possible that a person can apprehend arrest even outside the country for an offence that occurred in India. With the advancement in investigative technology and communication, the various agencies of investigation could even be deployed to arrest a person outside the country. Thus, when a bonafide apprehension exists, the statute confers power on such a person to seek protection from arrest."

EDUCATION, A FUNDAMENTAL RIGHT: DELHI

Shashank Jadon, a murder accused has been permitted to take the All India Law Entrance Test (AILET) for admission to the National Law University, Delhi by the vacation Judge, Chandra Shekhar at Rouse Avenue court in Delhi stating that as per law right to get education is fundamental right.

The court directed the Superintendent of Dasana jail, where Jadon is lodged, to make appropriate necessary security arrangements and ensure his appearance in the examination.

TS-CJ SHARMA TRANSFERRED; JUSTICE UJJAL BHUYAN TO STEP IN

The Chief Justice of Telangana High Court, Justice Satish Chandra Sharma was given a warm farewell on June 23 by the judges, advocate general and the high court bar association. During his short stint as the highest judicial officer of Telangana, Justice Sharma had earned love and appreciation of not only other judges and advocates, but also of the officers and staff.

In his reply, Justice Sharma thanked the fellow judges and advocates for their co-operation. He also thanked the government for expediting setting up more courts to cover all districts of the State and initiating the process of recruitment of judicial officers. CJ Sharma has been transferred as the Chief Justice of the Delhi High Court.

The new Chief Justice of Telangana High Court will be Justice Ujjal Bhuyan who is at present the senior-most Judge of Telangana High Court. Justice Bhuyan, as per High Court notification, will be sworn-in as the Chief Justice of Telangana High Court on June 28 at 10.05 a.m. in the Raj Bhavan.