The Evening Wrap: SC to consider hearing plea against remission to Bilkis Bano case convicts

The Supreme Court has agreed to consider listing a plea challenging the grant of remission by the Gujarat government to 11 convicts in the Bilkis Bano gangrape case. Chief Justice of India N.V. Ramana told advocate Aparna Bhat and senior advocate Kapil Sibal to file the case records. Bhat pressed the court to list the petition on Wednesday itself. “We are challenging the remission. Fourteen people were killed and a pregnant woman was assaulted,” Sibal highlighted the gravity of the crime. Gujarat government relied on its remission policy of 1992 to approve the convicts’ applications for remission of the sentence and not the current policy of 2014. In May 2022, the apex court had directed the Gujarat government to consider the application of one of the convicts, Radheshyam Bhagwandas Shah @ Lala Vakil, for pre­mature release in terms of its remission policy of July 9, 1992. The 1992 policy was prevalent on the date of conviction. The Supreme Court has followed its judgment in the State of Haryana versus Jagdish which had held that the policy applicable at the time of conviction must be considered for deciding an application of pre-mature release. In its May 13 judgment, a Bench led by Justice Ajay Rastogi concluded that Gujarat was the “appropriate government” under Section 432 of the Code of Criminal Procedure to decide the remission of the convicts in the case. “Undisputedly, in the instant case, the crime was committed in the State of Gujarat which is the appropriate Government competent to examine the application filed for pre-mature release,” the apex court had observed in May. “Is it by virtue of the Supreme Court judgment that they (11 convicts) were released?" Chief Justice Ramana asked Sibal. “We are not faulting the Supreme Court judgment… We are only challenging the remission,” Sibal responded. The petition challenging the release of the convicts on August 15 has been filed by CPI(M) leader Subhasini Ali, independent journalist and filmmaker Revati Laul, and former philosophy professor and activist Roop Rekh Varma. The State government’s decision to remit the sentence of the 11 convicts has raised a furious public outcry. There is a plethora of precedents to guide the apex court. In April 2022, an apex court Bench led by Justice D.Y. Chandrachud said that the State cannot exercise its remission powers arbitrarily. The court, in State of Haryana versus Mohinder Singh, has underscored that the grant of remission should be “informed, fair and reasonable”. In Rajan versus Home Secretary, Department of Tamil Nadu, the top court has held that “grant of premature release is not a matter of privilege but is the power coupled with duty conferred on the appropriate government”. All political parties on one side, everybody wants freebies: Supreme Court A bitter note crept into the Supreme Court’s hearing on Tuesday of a petition challenging “irrational freebies” offered by political parties as Chief Justice of India N.V. Ramana said political parties are “all on one side and everybody wants freebies” to continue. The court’s intervention, especially a proposal to form an expert broad-based committee to look into the “problem” of freebies, has been met with a furious political backlash from across the political spectrum in the States, many saying that welfare measures undertaken for the people are being misinterpreted in court as “freebies”. Chief Justice Ramana said the court’s primary concern is that largesse dressed as freebies should not bleed the national economy dry and put more and more burden on the taxpayer. The Chief Justice explained that the purpose behind the proposed formation of a committee was to collect the “experience and wisdom” of the ordinary citizen, the rural poor, and place the study before the Parliament as a background to debate on a law on freebies. “But we find that in this issue, all political parties are on one side… Everybody wants freebies, everybody! That was exactly why we wanted a neutral body to look into the issue,” Chief Justice Ramana explained. At one point, the CJI turned the court’s ire on the Dravida Munnetra Kazhagam (DMK) counsel, senior advocate P. Wilson, saying, “Don’t think you are the only wise party. The way you are talking, giving statements... Don’t think we are ignoring all that is being said.” Senior advocate Vijay Hansaria, for petitioner Ashwini Kumar Upadhyay, said, “Political parties cannot say ‘who is the Supreme Court’ when freebies they offer may disturb the fiscal discipline of the country.” But senior advocate Kapil Sibal, who was called on to assist the court in his capacity as a parliamentarian, said a committee, if formed, would be embarking on an “unmanageable exercise”. He cautioned that the court’s intervention should avoid giving itself a “political colour”. He said the issue should be tackled purely as a financial one. He referred to the Fiscal Responsibility Management Act passed by the Union and the States by which the deficit cannot go beyond 3%. He said the Financial Commission could look into the problem. “41% of the revenue goes to the States. The Finance Commission monitors and allocates the budget. If States exceed the allocation paid to them and if it goes beyond the 3% deficit mark, the allocation for the next year can be reduced. If an expert committee goes out and asks for recommendations, it would not be manageable. This should be a manageable exercise,” Sibal advised the court. Chief Justice Ramana, heading a three judge Bench, said the court had never intended to make a judicial law on freebies. “Ultimately, this is a democracy. The Parliament has to debate and discuss and take a decision… But to have this discussion in the Parliament, there must be some background paper. It is for that purpose that I had initiated this debate to form a committee… I honestly confess I had thought in the beginning that this was an issue in which people were concerned about the economy and public welfare… We thought we could look into the issue and make some suggestions… not a law or recommendations. I thought these could be placed before the Parliament. That is why I thought of a committee… Now, we are running short of time, particularly I [the CJI is retiring on August 26]... The opposition is such that nobody wants to even look into the issue of forming of a committee,” Chief Justice Ramana observed. Senior advocate A.M. Singhvi, for Aam Admi Party (AAP), said the Supreme Court should not be asked to gag free speech in the political arena. He said the court should not make “advance” preparations for a Parliament debate on an issue. “Are Your Lordships being asked to make a gag scheme without saying so? In the dialectics of the political arena all kinds of things happen that even the Supreme Court or a Committee or even the Parliament cannot control… If the Parliament passes a law, even a wrong law, I can come to court and test it. But if the court gives a judgment in advance, where do I go? Can the court decide in advance the extent to which the Parliament should go into an issue?” Singhvi asked. Solicitor General Tushar Mehta, for the Centre, however submitted that the court cannot remain a “mute spectator” to outlandish promises of free sarees, TVs, electricity or water. “What if the parties make false promises burdening the finances in such a way that they destroy the national economy?” Mehta asked. Senior advocate Gopal Sankaranarayanan, for the petitioner, said “freebies” would be “easier to define by what they are not”. He said free education, healthcare, drinking water, sanitation, electricity, etc., were statutory obligations of States and part of people’s rights under Article 21. On the other hand, “freebies” like mixers, TVs, grinders, scooters, cash, etc., do not serve any public purpose and cater to only sections [of the electorate]. Freebies could be identified for benefits which were not extended to address a crisis or an emergency. But Chief Justice Ramana said freebies cannot be classified into such “water-tight compartments”. What may seem like freebies to the urban population may provide for the welfare of the rural poor. “A shaving kit for a barber, a bicycle for a student, equipment for a toddy tapper or an iron for a washerman change their lifestyle and uplift them… That is why, sorry to say, you elite lawyers cannot understand. These are issues which have to be studied nationwide, across people. We have to learn and experience these things through their knowledge and wisdom. That is the reason for proposing a broad-based committee,” Chief Justice Ramana explained. Adani group firms make an open offer to acquire additional 26% stake in NDTV Adani group firms have made an offer to acquire 26% stake of New Delhi Television Ltd (NDTV) following indirect acquisition of 29.18% shareholding in the media and news broadcaster. Three firms, Vishvapradhan Commercial Pvt Ltd along with AMG Media Networks and Adani Enterprises Ltd, have offered a price of ₹294 for the acquisition of up to 1,67,62,530 fully paid-up equity shares of NDTV having a face value of ₹4 from the public shareholders. A public announcement has been made by JM Financial Ltd, which is managing the offer on behalf of the acquirers. “The offer price is higher than the price determined in accordance with Regulation 8(2) of the SEBI (SAST) Regulations,” the offer said. On August 23, shares of NDTV settled at ₹366.20 on BSE, up 2.61% from the previous close. Its revenue for the financial year ended March 31, 2022 was ₹230.91 crore. BJP suspends Telangana MLA Raja Singh Hours after he was arrested on Tuesday, the BJP suspended its Telangana MLA T. Raja Singh for allegedly making controversial statements and outraging religious feelings of a particular religion. The letter signed by Om Pathak, Member Secretary, Central Disciplinary Committe, BJP, stated that Singh had expressed views contrary to the party’s position on various matters. Singh, the firebrand BJP leader, had posted a video on Youtube allegedly referring to a particular community and to the recently concluded stand-up comedy show by Munawar Faruqui in Hyderabad. In the video, now removed from the video uploading site, Singh allegedly made controversial remarks against Prophet Muhammad. Hyderabad Police arrested Singh after the video went viral and All India Majlis-e-Ittehadul Muslimeem (AIMIM) started protests in various parts of the city. The BJP’s disciplinary committee has also sought response from Singh by September 2 on why he shouldn’t be expelled from the party. Singh is the latest BJP leader to have landed in soup over his alleged remarks on the Prophet. Following a public outcry and condemnation from various Islamic nations, BJP suspended its party leader Nupur Sharma and expelled Naveen Kumar Jindal. Congress launches logo, website of ‘Bharat Jodo Yatra’ The Congress on Tuesday launched the logo, tagline and website of its upcoming Bharat Jodo Yatra, billed as a mass contact programme of an unprecedented scale. Addressing a press conference, Congress general secretary Jairam Ramesh said the main yatra (foot march) will cover 3,570 km from Kanyakumari in the south to Kashmir in the north over a period of about five months beginning September 7. Simultaneously, smaller Bharat Jodo Yatras will be taken out in various States. Digvijaya Singh, who heads the party’s yatra organising committee, told the press conference that Congress president Sonia Gandhi wants people from every religion, caste and community participate in the campaign. Former Congress chief Rahul Gandhi will participate in the yatra from Kanyakumari. “There will be 100 padayatris who will walk from start to finish. They will be Bharat Yatris. Around 100 people will keep joining from the States through which this yatra is not passing, these people will be Atithi Yatras. Around 100 yatris will be involved from the States through which the journey will pass, these will be Pradesh Yatris. At a time, there will be 300 padayatris,” Singh said. Responding to a question, he said, “Rahul Gandhi is a big leader of the country and will be a Bharat Yatri in the yatra.” Singh said the country has witnessed neither a ‘padayatra’ nor a mass contact programme of this scale before. “We are proud that the Congress, which secured independence for the country through a people’s movement, is now aiming to bring back social harmony and prevent the country from losing its character through a people’s movement,” he said. “We want to bring the Bharat Jodo Yatra in the form of a public movement,” he said. Singh and Ramesh unveiled the tagline of the yatra, ‘Mile Kadam, Jude Watan’. The leaders also launched the website and urged those wanting to participate in the yatra to register on it. “Ek tera kadam, ek mera kadam, mil jaye to jud jaye apna watan (one step yours, one step mine, together they can unite India),” Rahul Gandhi said in a tweet and also put the logo of the yatra as his Twitter profile picture. Congress general secretary Priyanka Gandhi Vadra also tweeted the tagline of the yatra and put the logo as her Twitter profile picture. Several Congress social media handles changed their profile picture to display the logo. Ramesh said Rahul Gandhi has identified three main reasons of the Bharat Jodo Yatra -- economic, social and political. He said the yatra was needed as there were grave economic challenges confronting the country on account of inflation, unemployment and concentration of economic wealth, and growing regional disparities. He also pointed to social polarisation based on caste, religion, dress, food and language. Ramesh alleged there were political challenges on account of the growing use of the Centre’s institutions and the complete weakening of the states. The foot march will cover 12 States and two Union Territories. Supreme Court refers petitions filed by Shiv Sena factions to Constitution Bench The Supreme Court on Tuesday referred to a five-judge Bench the petitions filed by the Shiv Sena and Maharashtra Chief Minister Eknath Shinde raising several constitutional questions related to defection, merger and disqualification. A Bench headed by Chief Justice N.V. Ramana ordered the listing of petitions before the Constitution Bench on Thursday and directed the Election Commission not to pass any orders on Shinde faction’s plea that it be considered the real Shiv Sena and granted the party's poll symbol. “List the matter before the Constitution Bench the day after tomorrow and the Bench will decide about the symbol related to the Election Commission proceeding at the beginning,” the Bench also comprising Justices Krishna Murari and Hima Kohli said. The Bench was hearing pending cases related to the recent political crisis in Maharashtra that led to the fall of the Maha Vikas Aghadi (MVA) government in the state. In Brief The Australian government will launch an inquiry aimed at preventing a Prime Minister from ever again secretly amassing new ministerial powers, Prime Minister Anthony Albanese said on Tuesday. Anthony Albanese’s predecessor Scott Morrison secretly appointed himself to five ministerial roles between March 2020 and May 2021, usually without the knowledge of the original Minister. After the revelations, Solicitor-General Stephen Donaghue issued legal advice that Morrison had been “validly appointed” in the duplicated portfolios. But to be appointed without notifying Ministers, the Parliament or the public was not “consistent with the principle of responsible government,” Donaghue said in his 29-page legal opinion, which Albanese released publicly on Tuesday. Evening Wrap will return tomorrow [logo] The Evening Wrap 23 AUGUST 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]( Supreme Court to consider hearing plea against remission of Bilkis Bano case convicts The Supreme Court has [agreed to consider listing a plea challenging the grant of remission by the Gujarat government to 11 convicts]( in the Bilkis Bano gangrape case. Chief Justice of India N.V. Ramana told advocate Aparna Bhat and senior advocate Kapil Sibal to file the case records. Bhat pressed the court to list the petition on Wednesday itself. “We are challenging the remission. Fourteen people were killed and a pregnant woman was assaulted,” Sibal highlighted the gravity of the crime. [A woman holds a placard in Mumbai on August 23, 2022 during a protest against the release of men convicted of gang-raping Bilkis Bano.] Gujarat government relied on its remission policy of 1992 to approve the convicts’ applications for remission of the sentence and not the current policy of 2014. In May 2022, the apex court had directed the Gujarat government to consider the application of one of the convicts, Radheshyam Bhagwandas Shah @ Lala Vakil, for pre­mature release in terms of its remission policy of July 9, 1992. The 1992 policy was prevalent on the date of conviction. The Supreme Court has followed its judgment in the State of Haryana versus Jagdish which had held that the policy applicable at the time of conviction must be considered for deciding an application of pre-mature release. In its May 13 judgment, a Bench led by Justice Ajay Rastogi concluded that Gujarat was the “appropriate government” under Section 432 of the Code of Criminal Procedure to decide the remission of the convicts in the case. “Undisputedly, in the instant case, the crime was committed in the State of Gujarat which is the appropriate Government competent to examine the application filed for pre-mature release,” the apex court had observed in May. “Is it by virtue of the Supreme Court judgment that they (11 convicts) were released?" Chief Justice Ramana asked Sibal. “We are not faulting the Supreme Court judgment… We are only challenging the remission,” Sibal responded. The petition challenging the release of the convicts on August 15 has been filed by CPI(M) leader Subhasini Ali, independent journalist and filmmaker Revati Laul, and former philosophy professor and activist Roop Rekh Varma. The State government’s decision to remit the sentence of the 11 convicts has raised a furious public outcry. There is a plethora of precedents to guide the apex court. In April 2022, an apex court Bench led by Justice D.Y. Chandrachud said that the State cannot exercise its remission powers arbitrarily. The court, in State of Haryana versus Mohinder Singh, has underscored that the grant of remission should be “informed, fair and reasonable”. In Rajan versus Home Secretary, Department of Tamil Nadu, the top court has held that “grant of premature release is not a matter of privilege but is the power coupled with duty conferred on the appropriate government”. All political parties on one side, everybody wants freebies: Supreme Court A bitter note crept into the Supreme Court’s hearing on Tuesday of a petition challenging “irrational freebies” offered by political parties as [Chief Justice of India N.V. Ramana said political parties are “all on one side and everybody wants freebies” to continue](. The court’s intervention, especially a proposal to form an expert broad-based committee to look into the “problem” of freebies, has been met with a furious political backlash from across the political spectrum in the States, many saying that welfare measures undertaken for the people are being misinterpreted in court as “freebies”. Chief Justice Ramana said the court’s primary concern is that largesse dressed as freebies should not bleed the national economy dry and put more and more burden on the taxpayer. The Chief Justice explained that the purpose behind the proposed formation of a committee was to collect the “experience and wisdom” of the ordinary citizen, the rural poor, and place the study before the Parliament as a background to debate on a law on freebies. “But we find that in this issue, all political parties are on one side… Everybody wants freebies, everybody! That was exactly why we wanted a neutral body to look into the issue,” Chief Justice Ramana explained. At one point, the CJI turned the court’s ire on the Dravida Munnetra Kazhagam (DMK) counsel, senior advocate P. Wilson, saying, “Don’t think you are the only wise party. The way you are talking, giving statements... Don’t think we are ignoring all that is being said.” Senior advocate Vijay Hansaria, for petitioner Ashwini Kumar Upadhyay, said, “Political parties cannot say ‘who is the Supreme Court’ when freebies they offer may disturb the fiscal discipline of the country.” But senior advocate Kapil Sibal, who was called on to assist the court in his capacity as a parliamentarian, said a committee, if formed, would be embarking on an “unmanageable exercise”. He cautioned that the court’s intervention should avoid giving itself a “political colour”. He said the issue should be tackled purely as a financial one. He referred to the Fiscal Responsibility Management Act passed by the Union and the States by which the deficit cannot go beyond 3%. He said the Financial Commission could look into the problem. “41% of the revenue goes to the States. The Finance Commission monitors and allocates the budget. If States exceed the allocation paid to them and if it goes beyond the 3% deficit mark, the allocation for the next year can be reduced. If an expert committee goes out and asks for recommendations, it would not be manageable. This should be a manageable exercise,” Sibal advised the court. Chief Justice Ramana, heading a three judge Bench, said the court had never intended to make a judicial law on freebies. “Ultimately, this is a democracy. The Parliament has to debate and discuss and take a decision… But to have this discussion in the Parliament, there must be some background paper. It is for that purpose that I had initiated this debate to form a committee… I honestly confess I had thought in the beginning that this was an issue in which people were concerned about the economy and public welfare… We thought we could look into the issue and make some suggestions… not a law or recommendations. I thought these could be placed before the Parliament. That is why I thought of a committee… Now, we are running short of time, particularly I [the CJI is retiring on August 26]... The opposition is such that nobody wants to even look into the issue of forming of a committee,” Chief Justice Ramana observed. Senior advocate A.M. Singhvi, for Aam Admi Party (AAP), said the Supreme Court should not be asked to gag free speech in the political arena. He said the court should not make “advance” preparations for a Parliament debate on an issue. “Are Your Lordships being asked to make a gag scheme without saying so? In the dialectics of the political arena all kinds of things happen that even the Supreme Court or a Committee or even the Parliament cannot control… If the Parliament passes a law, even a wrong law, I can come to court and test it. But if the court gives a judgment in advance, where do I go? Can the court decide in advance the extent to which the Parliament should go into an issue?” Singhvi asked. Solicitor General Tushar Mehta, for the Centre, however submitted that the court cannot remain a “mute spectator” to outlandish promises of free sarees, TVs, electricity or water. “What if the parties make false promises burdening the finances in such a way that they destroy the national economy?” Mehta asked. Senior advocate Gopal Sankaranarayanan, for the petitioner, said “freebies” would be “easier to define by what they are not”. He said free education, healthcare, drinking water, sanitation, electricity, etc., were statutory obligations of States and part of people’s rights under Article 21. On the other hand, “freebies” like mixers, TVs, grinders, scooters, cash, etc., do not serve any public purpose and cater to only sections [of the electorate]. Freebies could be identified for benefits which were not extended to address a crisis or an emergency. But Chief Justice Ramana said freebies cannot be classified into such “water-tight compartments”. What may seem like freebies to the urban population may provide for the welfare of the rural poor. “A shaving kit for a barber, a bicycle for a student, equipment for a toddy tapper or an iron for a washerman change their lifestyle and uplift them… That is why, sorry to say, you elite lawyers cannot understand. These are issues which have to be studied nationwide, across people. We have to learn and experience these things through their knowledge and wisdom. That is the reason for proposing a broad-based committee,” Chief Justice Ramana explained. Adani group firms make an open offer to acquire additional 26% stake in NDTV Adani group firms have [made an offer to acquire 26% stake of New Delhi Television Ltd (NDTV)]( following indirect acquisition of 29.18% shareholding in the media and news broadcaster. [Adani Group chairman Gautam Adani. File] Three firms, Vishvapradhan Commercial Pvt Ltd along with AMG Media Networks and Adani Enterprises Ltd, have offered a price of ₹294 for the acquisition of up to 1,67,62,530 fully paid-up equity shares of NDTV having a face value of ₹4 from the public shareholders. A public announcement has been made by JM Financial Ltd, which is managing the offer on behalf of the acquirers. “The offer price is higher than the price determined in accordance with Regulation 8(2) of the SEBI (SAST) Regulations,” the offer said. On August 23, shares of NDTV settled at ₹366.20 on BSE, up 2.61% from the previous close. Its revenue for the financial year ended March 31, 2022 was ₹230.91 crore. BJP suspends Telangana MLA Raja Singh Hours after he was arrested on Tuesday, the [BJP suspended its Telangana MLA T. Raja Singh]( for allegedly making controversial statements and outraging religious feelings of a particular religion. The letter signed by Om Pathak, Member Secretary, Central Disciplinary Committe, BJP, stated that Singh had expressed views contrary to the party’s position on various matters. Singh, the firebrand BJP leader, had posted a video on Youtube allegedly referring to a particular community and to the recently concluded stand-up comedy show by Munawar Faruqui in Hyderabad. In the video, now removed from the video uploading site, Singh allegedly made controversial remarks against Prophet Muhammad. Hyderabad Police arrested Singh after the video went viral and All India Majlis-e-Ittehadul Muslimeem (AIMIM) started protests in various parts of the city. The BJP’s disciplinary committee has also sought response from Singh by September 2 on why he shouldn’t be expelled from the party. Singh is the latest BJP leader to have landed in soup over his alleged remarks on the Prophet. Following a public outcry and condemnation from various Islamic nations, BJP suspended its party leader Nupur Sharma and expelled Naveen Kumar Jindal. Congress launches logo, website of ‘Bharat Jodo Yatra’ The Congress on Tuesday [launched the logo, tagline and website of its upcoming Bharat Jodo Yatra]( billed as a mass contact programme of an unprecedented scale. Addressing a press conference, Congress general secretary Jairam Ramesh said the main yatra (foot march) will cover 3,570 km from Kanyakumari in the south to Kashmir in the north over a period of about five months beginning September 7. Simultaneously, smaller Bharat Jodo Yatras will be taken out in various States. Digvijaya Singh, who heads the party’s yatra organising committee, told the press conference that Congress president Sonia Gandhi wants people from every religion, caste and community participate in the campaign. Former Congress chief Rahul Gandhi will participate in the yatra from Kanyakumari. “There will be 100 padayatris who will walk from start to finish. They will be Bharat Yatris. Around 100 people will keep joining from the States through which this yatra is not passing, these people will be Atithi Yatras. Around 100 yatris will be involved from the States through which the journey will pass, these will be Pradesh Yatris. At a time, there will be 300 padayatris,” Singh said. Responding to a question, he said, “Rahul Gandhi is a big leader of the country and will be a Bharat Yatri in the yatra.” Singh said the country has witnessed neither a ‘padayatra’ nor a mass contact programme of this scale before. “We are proud that the Congress, which secured independence for the country through a people’s movement, is now aiming to bring back social harmony and prevent the country from losing its character through a people’s movement,” he said. “We want to bring the Bharat Jodo Yatra in the form of a public movement,” he said. Singh and Ramesh unveiled the tagline of the yatra, ‘Mile Kadam, Jude Watan’. The leaders also launched the website and urged those wanting to participate in the yatra to register on it. “Ek tera kadam, ek mera kadam, mil jaye to jud jaye apna watan (one step yours, one step mine, together they can unite India),” Rahul Gandhi said in a tweet and also put the logo of the yatra as his Twitter profile picture. Congress general secretary Priyanka Gandhi Vadra also tweeted the tagline of the yatra and put the logo as her Twitter profile picture. Several Congress social media handles changed their profile picture to display the logo. Ramesh said Rahul Gandhi has identified three main reasons of the Bharat Jodo Yatra -- economic, social and political. He said the yatra was needed as there were grave economic challenges confronting the country on account of inflation, unemployment and concentration of economic wealth, and growing regional disparities. He also pointed to social polarisation based on caste, religion, dress, food and language. Ramesh alleged there were political challenges on account of the growing use of the Centre’s institutions and the complete weakening of the states. The foot march will cover 12 States and two Union Territories. Supreme Court refers petitions filed by Shiv Sena factions to Constitution Bench The Supreme Court on Tuesday [referred to a five-judge Bench the petitions filed by the Shiv Sena and Maharashtra Chief Minister Eknath Shinde]( raising several constitutional questions related to defection, merger and disqualification. A Bench headed by Chief Justice N.V. Ramana ordered the listing of petitions before the Constitution Bench on Thursday and directed the Election Commission not to pass any orders on Shinde faction’s plea that it be considered the real Shiv Sena and granted the party's poll symbol. “List the matter before the Constitution Bench the day after tomorrow and the Bench will decide about the symbol related to the Election Commission proceeding at the beginning,” the Bench also comprising Justices Krishna Murari and Hima Kohli said. The Bench was hearing pending cases related to the recent political crisis in Maharashtra that led to the fall of the Maha Vikas Aghadi (MVA) government in the state. In Brief The Australian government will launch an inquiry aimed at preventing a Prime Minister from ever again secretly amassing new ministerial powers, Prime Minister Anthony Albanese said on Tuesday. Anthony Albanese’s predecessor Scott Morrison secretly appointed himself to five ministerial roles between March 2020 and May 2021, usually without the knowledge of the original Minister. After the revelations, Solicitor-General Stephen Donaghue issued legal advice that Morrison had been “validly appointed” in the duplicated portfolios. But to be appointed without notifying Ministers, the Parliament or the public was not “consistent with the principle of responsible government,” Donaghue said in his 29-page legal opinion, which Albanese released publicly on Tuesday. 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