The Evening Wrap: Nupur Sharma should have apologised to the nation, observes Supreme Court

The Supreme Court on Friday came down heavily on former BJP spokesperson Nupur Sharma, who allegedly made remarks against Prophet Mohammad in a televised debate, saying she was single-handedly responsible for the ensuing protests and should have apologised to the nation. Sharma’s remarks had led to a spate of violence, unrest, demolitions and arrests across several States. “The way she has ignited emotions across the country... This lady is single handedly responsible for what is happening in the country,” Justice Surya Kant, leading a Vacation Bench comprising Justice J.B. Pardiwala, observed orally. Sharma had approached the Supreme Court to club the multiple First Information Reports (FIRs) registered across the country. The court refused to entertain her plea, saying that the “conscience of the court is not satisfied”, following which Sharma withdrew her petition. The court said Sharma’s comments were “disturbing”. “What is her business to make these remarks?” the Bench asked her lawyer, senior advocate Maninder Singh. When Singh said his client had apologised, the court lashed out, saying she should have gone back on air and apologised to the nation. “She was too late to withdraw...and that too, she withdrew her comments conditionally, saying ‘if sentiments hurt’”, Supreme Court remarked. The court said these statements were intended to provoke. “The petition [to club the FIRs] smacks of her arrogance, that the Magistrates of the country are too small for her... If you are a spokesperson of a party, it is not a licence to say things like this. If there is a misuse of the debate, the first thing she should have done was to file an FIR against the anchor”, the court said. Eknath Shinde government to face floor test on July 4 The day-old Shiv Sena-BJP government in Maharashtra will face the floor test on July 4, an official said on Friday. BJP MLA Rahul Narvekar filed the nomination on Friday for the post of Assembly Speaker, the official said. Election for the post, if needed, will be held on July 3, when the special two-day session of the House begins, he said. The position has been vacant since Nana Patole of Congress resigned from the post in February last year. Chief Minister Eknath Shinde will table a motion of confidence in the Assembly on July 4, the official, a senior functionary in Vidhan Bhawan, said. Reversing MVA govt decision, Maharashtra Cabinet plans to move Metro car shed project to Aarey In the first Cabinet meeting of Chief Minister Eknath Shinde and Deputy Chief Minister Devendra Fadnavis on Thursday, the Advocate General of Maharashtra was told to make an application to the Bombay High Court on Friday stating that the government would move the Metro car shed back to Aarey from Kanjurmarg. On October 4, 2019, the High Court paved the way for the Mumbai Metro Rail Corporation Limited (MMRCL) to construct a car shed for Mumbai Metro Line 3 by upholding the Brihanmumbai Municipal Corporation’s (BMC) Tree Authority’s move to cut 2,646 trees from Aarey milk colony, which led to protests by thousands of Mumbaikars. A Division Bench of the then Chief Justice Pradeep Nandrajog and justice Bharati Dangre had said, “The Greens fail in the instant petition because they have lost touch with the procedure to be followed as per law.” The decision had come in a bunch of petitions, one among them was a public interest litigation plea filed by resident Zoru Bhathena challenging a resolution passed by the BMC’s Tree Authority on August 29 to cut 2,646 trees at Aarey colony to make way for the Metro car shed. The Bench also rejected the contention stating that MMRCL had scaled down the project with respect to the number of trees to be cut and that in itself was proof of the decision being fair, transparent and based on reason. The court had noted, the Tree Authority’s decision to axe almost 3,000 trees was ‘without application of mind’. Incidentally, shifting of the Metro car shed from Aarey to Kanjurmarg was the first decision that the Uddhav Thackeray led Maha Vikas Aghadi had taken in 2019. In March 2021, the Mumbai Metropolitan Region Development Authority had told the High Court that Kanjurmarg plot was better suited than the Aarey as the land admeasuring 102 acres from survey No. 275 of village Kanjur was required for constructing the car shed for Metro lines 3,4 and 6 and also an interchange station for proposed line 14. Don’t vent your anger on people of Aarey: Uddhav Thackeray A day after Shiv Sena rebel Eknath Shinde was sworn in as Maharashtra’s Chief Minister, his predecessor and party president Uddhav Thackeray said that this was the exact proposal over which his party and the then BJP president Amit Shah had agreed upon and had it been respected then, the experiment of Maha Vikas Aghadi (MVA) would never have happened. Countering BJP’s claim that it elevated a Sena worker at the top post, Thackeray claimed that Shinde is not Sena’s Chief Minister. “What has happened yesterday was our exact proposal in 2019 to Amit Shah and the BJP. Why didn’t the BJP accept the proposal then? And why have they done this now? Had the BJP respected our agreement, the experiment of Maha Vikas Aghadi would never have happened,” said Thackeray, addressing a press conference at party headquarter Sena bhavan. He did not take any questions. Shinde was sworn in as the Chief Minister along with Fadnavis who took the oath as the deputy CM, amid high-drama throughout the day. Thackeray resigned on June 29 night, after the Supreme Court refused to stay the call for floor test by governor Bhagat Singh Koshyari. “You are saying that you made a Sena worker as Chief Minister. But let me tell you this CM is not of Sena. You cannot have Sena’s CM by sidelining the party,” he said. He was referring to BJP’s claim from Thursday where the party has been saying that it ensured that the Sena worker like Eknath Shinde who worked on the Hindutva principles of Sena founder late Bal Thackeray was made the CM. “The duo that was sworn in yesterday would have been in power in 2019 itself. That was the agreement between me and Amit Shah. Had they followed, BJP would have had its CM for at least two-and-a-half years. Now, BJP will not have its CM for a total of five years. I don’t know what that party has achieved by doing this?” he asked. Objecting to the new government’s first decision to push for the Metro car shed at Aarey forest, a decision which was cancelled by the previous government led by him, Thackeray said that the anger on him shouldn’t be directed at the people of Mumbai. “You backstabbed me, but I request you to not vent out that anger on the people of Mumbai by giving Aarey land to Metro. This is hazardous from the environment and poses threat of encroachment on the rest of forest land,” he said. Thackeray said that since the state and central governments are now both run by the BJP, the Kanjur Marg land allotted for the project by previous government can now be utilised without court proceedings. Commenting on party MLAs deserting him to join rebels, Thackeray said that the voting is secret and people vote to an MLA who belongs to a particular party. “Balasaheb (Sena founder) used to say that the people should have the choice to call their representative back and looking at the developments in the last few days, it is time to bring this act giving the right to people to call them back,” he said. Pakistan confirms it has 682 Indians in its jails Pakistan on July 1 confirmed that it has 682 Indians in its jails, as Islamabad and New Delhi exchanged a list of civilian prisoners and fishermen in their custody, a routine practice between the two neighbours under the provisions of the 2008 Agreement on Consular Access. These lists are exchanged twice a year — on January 1 and July 1 respectively. Pakistan shared with the Indian High Commission in Islamabad a list of 682 Indian prisoners detained in the country, including 49 civilians and 633 fishermen, the Pakistan Foreign Office said in a statement. Similarly, the Indian side has also shared a list of 461 Pakistani prisoners in India, including 345 civilians and 116 fishermen with the Pakistan High Commission in New Delhi. These steps were taken under clause (i) of the Consular Access Agreement between Pakistan and India, signed on 21 May 2008, mandating both countries to exchange lists of prisoners in each other’s custody on January 1 and July 1 every year, the Foreign Office said in a statement. India on July 1 called on Pakistan to release and repatriate 536 Indian fishermen and three civilian prisoners who have completed their jail terms and whose nationality has been confirmed. In addition, Pakistan has been asked to provide immediate consular access to 105 fishermen and 20 civilian prisoners who have been in Pakistan’s custody and are believed to be Indians, the Ministry of External Affairs (MEA) said. “The government has called for early release and repatriation of civilian prisoners, missing Indian defence personnel and fishermen along with their boats, from Pakistan’s custody,” the MEA said in a statement in New Delhi. “In this context, Pakistan was asked to expedite the release and repatriation of 536 Indian fishermen and three Indian civilian prisoners to India who have completed their sentence and whose nationality has been confirmed and conveyed to Pakistan,” it said. The MEA said India remains committed to addressing, on priority, all humanitarian matters, including those pertaining to prisoners and fishermen in each other’s country. India has also urged Pakistan to expedite necessary action at its end to confirm the nationality status of 57 Pakistani prisoners, including fishermen, whose repatriation is pending for want of nationality confirmation by Pakistan. In Brief India recorded its second highest monthly gross GST revenues in June at ₹144,616 crore, 56% more than a year ago when the 2nd COVID wave had hit economic activity. Revenues from import of goods rose 55%, while domestic transactions and import of services were 56% higher in the month. Gross GST Compensation Cess collections hit ₹11,018 crore, including ₹1,197 crore collected on import of goods, the highest level since the introduction of GST five years ago. This is the fourth successive month since March that monthly GST revenues have crossed the ₹1.40 lakh crore mark, and the fifth such occasion overall. Evening Wrap will return tomorrow [logo] The Evening Wrap 01 JULY 2022 [The Hindu logo] Welcome to the Evening Wrap newsletter, your guide to the day’s biggest stories with concise analysis from The Hindu. [[Arrow]Open in browser]( [[Mail icon]More newsletters]( Nupur Sharma should have apologised to the nation, observes Supreme Court  The Supreme Court on Friday came down heavily on former BJP spokesperson Nupur Sharma, who allegedly made remarks against Prophet Mohammad in a televised debate, saying she was single-handedly responsible for the ensuing protests and should have apologised to the nation. Sharma’s remarks had led to a spate of violence, unrest, demolitions and arrests across several States. “The way she has ignited emotions across the country... This lady is single handedly responsible for what is happening in the country,” [Justice Surya Kant, leading a Vacation Bench comprising Justice J.B. Pardiwala, observed orally](. [Nupur Sharma attends a programme at the Delhi University on May 1, 2022. ] Sharma had approached the Supreme Court to club the multiple First Information Reports (FIRs) registered across the country. The court refused to entertain her plea, saying that the “conscience of the court is not satisfied”, following which Sharma withdrew her petition. The court said Sharma’s comments were “disturbing”. “What is her business to make these remarks?” the Bench asked her lawyer, senior advocate Maninder Singh. When Singh said his client had apologised, the court lashed out, saying she should have gone back on air and apologised to the nation. “She was too late to withdraw...and that too, she withdrew her comments conditionally, saying ‘if sentiments hurt’”, Supreme Court remarked. The court said these statements were intended to provoke. “The petition [to club the FIRs] smacks of her arrogance, that the Magistrates of the country are too small for her... If you are a spokesperson of a party, it is not a licence to say things like this. If there is a misuse of the debate, the first thing she should have done was to file an FIR against the anchor”, the court said. Eknath Shinde government to face floor test on July 4 The day-old Shiv Sena-BJP government in Maharashtra will [face the floor test on July 4]( an official said on Friday. BJP MLA Rahul Narvekar filed the nomination on Friday for the post of Assembly Speaker, the official said. Election for the post, if needed, will be held on July 3, when the special two-day session of the House begins, he said. The position has been vacant since Nana Patole of Congress resigned from the post in February last year. Chief Minister Eknath Shinde will table a motion of confidence in the Assembly on July 4, the official, a senior functionary in Vidhan Bhawan, said. Reversing MVA govt decision, Maharashtra Cabinet plans to move Metro car shed project to Aarey In the first Cabinet meeting of Chief Minister Eknath Shinde and Deputy Chief Minister Devendra Fadnavis on Thursday, the Advocate General of Maharashtra was told to make an application to the Bombay High Court on Friday [stating that the government would move the Metro car shed back to Aarey from Kanjurmarg](. [Shifting of the Metro car shed from Aarey to Kanjurmarg was the first decision that the Uddhav Thackeray-led Maha Vikas Aghadi had taken in 2019. File] On October 4, 2019, the High Court paved the way for the Mumbai Metro Rail Corporation Limited (MMRCL) to construct a car shed for Mumbai Metro Line 3 by upholding the Brihanmumbai Municipal Corporation’s (BMC) Tree Authority’s move to cut 2,646 trees from Aarey milk colony, which led to protests by thousands of Mumbaikars. A Division Bench of the then Chief Justice Pradeep Nandrajog and justice Bharati Dangre had said, “The Greens fail in the instant petition because they have lost touch with the procedure to be followed as per law.” The decision had come in a bunch of petitions, one among them was a public interest litigation plea filed by resident Zoru Bhathena challenging a resolution passed by the BMC’s Tree Authority on August 29 to cut 2,646 trees at Aarey colony to make way for the Metro car shed. The Bench also rejected the contention stating that MMRCL had scaled down the project with respect to the number of trees to be cut and that in itself was proof of the decision being fair, transparent and based on reason. The court had noted, the Tree Authority’s decision to axe almost 3,000 trees was ‘without application of mind’. Incidentally, shifting of the Metro car shed from Aarey to Kanjurmarg was the first decision that the Uddhav Thackeray led Maha Vikas Aghadi had taken in 2019. In March 2021, the Mumbai Metropolitan Region Development Authority had told the High Court that Kanjurmarg plot was better suited than the Aarey as the land admeasuring 102 acres from survey No. 275 of village Kanjur was required for constructing the car shed for Metro lines 3,4 and 6 and also an interchange station for proposed line 14. Don’t vent your anger on people of Aarey: Uddhav Thackeray A day after Shiv Sena rebel Eknath Shinde was sworn in as Maharashtra’s Chief Minister, his predecessor and party president Uddhav Thackeray said that this was the exact proposal over which his party and the then BJP president Amit Shah had agreed upon and had it been respected then, the experiment of Maha Vikas Aghadi (MVA) would never have happened. Countering BJP’s claim that it elevated a Sena worker at the top post, Thackeray claimed that Shinde is not Sena’s Chief Minister. “What has happened yesterday was our exact proposal in 2019 to Amit Shah and the BJP. Why didn’t the BJP accept the proposal then? And why have they done this now? Had the BJP respected our agreement, the experiment of Maha Vikas Aghadi would never have happened,” said Thackeray, addressing a press conference at party headquarter Sena bhavan. He did not take any questions. Shinde was sworn in as the Chief Minister along with Fadnavis who took the oath as the deputy CM, amid high-drama throughout the day. Thackeray resigned on June 29 night, after the Supreme Court refused to stay the call for floor test by governor Bhagat Singh Koshyari. “You are saying that you made a Sena worker as Chief Minister. But let me tell you this CM is not of Sena. You cannot have Sena’s CM by sidelining the party,” he said. He was referring to BJP’s claim from Thursday where the party has been saying that it ensured that the Sena worker like Eknath Shinde who worked on the Hindutva principles of Sena founder late Bal Thackeray was made the CM. “The duo that was sworn in yesterday would have been in power in 2019 itself. That was the agreement between me and Amit Shah. Had they followed, BJP would have had its CM for at least two-and-a-half years. Now, BJP will not have its CM for a total of five years. I don’t know what that party has achieved by doing this?” he asked. Objecting to the new government’s first decision to push for the Metro car shed at Aarey forest, a decision which was cancelled by the previous government led by him, Thackeray said that the anger on him shouldn’t be directed at the people of Mumbai. “You backstabbed me, but [I request you to not vent out that anger on the people of Mumbai by giving Aarey land to Metro](. This is hazardous from the environment and poses threat of encroachment on the rest of forest land,” he said. Thackeray said that since the state and central governments are now both run by the BJP, the Kanjur Marg land allotted for the project by previous government can now be utilised without court proceedings. Commenting on party MLAs deserting him to join rebels, Thackeray said that the voting is secret and people vote to an MLA who belongs to a particular party. “Balasaheb (Sena founder) used to say that the people should have the choice to call their representative back and looking at the developments in the last few days, it is time to bring this act giving the right to people to call them back,” he said. Pakistan confirms it has 682 Indians in its jails Pakistan on July 1 confirmed that it has [682 Indians in its jails]( as Islamabad and New Delhi exchanged a list of civilian prisoners and fishermen in their custody, a routine practice between the two neighbours under the provisions of the 2008 Agreement on Consular Access. These lists are exchanged twice a year — on January 1 and July 1 respectively. Pakistan shared with the Indian High Commission in Islamabad a list of 682 Indian prisoners detained in the country, including 49 civilians and 633 fishermen, the Pakistan Foreign Office said in a statement. Similarly, the Indian side has also shared a list of 461 Pakistani prisoners in India, including 345 civilians and 116 fishermen with the Pakistan High Commission in New Delhi. These steps were taken under clause (i) of the Consular Access Agreement between Pakistan and India, signed on 21 May 2008, mandating both countries to exchange lists of prisoners in each other’s custody on January 1 and July 1 every year, the Foreign Office said in a statement. India on July 1 called on Pakistan to release and repatriate 536 Indian fishermen and three civilian prisoners who have completed their jail terms and whose nationality has been confirmed. In addition, Pakistan has been asked to provide immediate consular access to 105 fishermen and 20 civilian prisoners who have been in Pakistan’s custody and are believed to be Indians, the Ministry of External Affairs (MEA) said. “The government has called for early release and repatriation of civilian prisoners, missing Indian defence personnel and fishermen along with their boats, from Pakistan’s custody,” the MEA said in a statement in New Delhi. “In this context, Pakistan was asked to expedite the release and repatriation of 536 Indian fishermen and three Indian civilian prisoners to India who have completed their sentence and whose nationality has been confirmed and conveyed to Pakistan,” it said. The MEA said India remains committed to addressing, on priority, all humanitarian matters, including those pertaining to prisoners and fishermen in each other’s country. India has also urged Pakistan to expedite necessary action at its end to confirm the nationality status of 57 Pakistani prisoners, including fishermen, whose repatriation is pending for want of nationality confirmation by Pakistan. In Brief India [recorded its second highest monthly gross GST revenues in June]( at ₹144,616 crore, 56% more than a year ago when the 2nd COVID wave had hit economic activity. Revenues from import of goods rose 55%, while domestic transactions and import of services were 56% higher in the month. Gross GST Compensation Cess collections hit ₹11,018 crore, including ₹1,197 crore collected on import of goods, the highest level since the introduction of GST five years ago. This is the fourth successive month since March that monthly GST revenues have crossed the ₹1.40 lakh crore mark, and the fifth such occasion overall. 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