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Hindustan Times
10-05-2025
- Politics
- Hindustan Times
Clear stand on heritage tag for Savarkar Sadan: HC to State
MUMBAI: The Bombay high court on Friday directed the state government to clarify its stand on granting heritage status to Savarkar Sadan, the erstwhile residence of Hindutva ideologue Vinayak Damodar Savarkar in Shivaji Park. The direction was issued while the division bench of justices AS Chandurkar and Dr Neela Gokhale was hearing a public interest litigation (PIL) filed by self-proclaimed public policy think tank Abhinav Bharat Congress. The PIL, filed in view of the imminent razing of the building for a redevelopment project, seeks heritage status and 'monument of national importance' tag for the building, alongside a special compensation policy for its inhabitants. On Friday, Abhinav Bharat Congress representative Pankaj Phadnis submitted a letter to the court issued by the deputy municipal architect of Brihanmumbai Municipal Corporation in 2012. The letter stated that the under-secretary of the urban development had in 2009 approved a proposal to include Savarkar Sadan in the heritage list and a notice was accordingly issued inviting suggestions and objections from the public. The proposal was then sent to the principal secretary, the letter stated, although no notification was issued thereafter. As reported by HT on May 5, Savarkar Sadan, which houses a mini museum dedicated to Savarkar on the ground floor, may be razed as some property owners are in talks with a builder for redeveloping the property. Two adjacent plots are likely to be amalgamated for the redevelopment project – one houses Laxmi Sadan, where renowned classical vocalist Pandit Jitendra Abhisheki once resided, while the other faces the Shivaji Park. The petition cited the HT report, stating, '...the petitioner was startled to see a report in a prominent newspaper about imminent demolition of Savarkar Sadan quoting three reliable sources.' It refers to the high court's directions to the BMC in October 2008 to decide on heritage status for Savarkar Sadan within 12 weeks. The Heritage Conservation Committee also recommended the same, the petition notes, stating, 'It is ironic that 17 years later, the same argument has to be repeated.' 'The status of the said property shall not be changed and the position as prevailing today shall be maintained,' the court said in its order on Friday.
Hindustan Times
22-04-2025
- Politics
- Hindustan Times
'You go to Parliament': Supreme Court rejects plea seeking Article 142 powers for high courts
The Supreme Court on Tuesday dismissed a petition filed by NGO Abhinav Bharat Congress, which sought the apex court's powers under Article 142 of the Indian Constitution to be granted to the high courts. Article 142 of the Constitution empowers the Supreme Court to pass 'any decree or order necessary for doing complete justice in any case or matter pending before it' within the country. ALSO READ | 'We are alleged to be encroaching upon parliamentary, executive functions': Supreme Court A bench of Justices Abhay S Oka and Ujjal Bhuyan wondered how the court could allow such a petition. 'How can we grant such prayer? It requires an amendment to the Constitution. You go to Parliament. Prayer made in this petition is completely misconceived. Power conferred under Article 142 of the Constitution is only on this court and not the high courts. Therefore, we cannot allow high court to exercise power of this court under Article 142,' the bench said. The top court last exercised its power under Article 142 in the case brought by the Tamil Nadu government against state governor RN Ravi for his inordinate delay in granting assent to 10 bills passed by the state legislative assembly. In its judgement, the apex court came down heavily on the governor for his 'unconstitutional' actions and held that all state bills were deemed to have granted assent. All 10 bills were notified by the ruling DMK in Tamil Nadu as laws under the government gazette. The case marked an historic development in India's federal history where state bills became laws without the governor's assent. ALSO READ | Timelines set on bills extend to President's Office: Supreme Court in TN govt vs Governor case The judgment by a bench of justices JB Pardiwala and R Mahadevan also set clear timelines for the governor to decide on granting or withholding assent to bills passed by the state legislative assembly or referring them to the president. The specific timelines apply not just to governors but also to the President to act on state legislation - a first in India's constitutional history. The development seemed to have set off a face-off between the top court and the executive, with Vice-President Jagdeep Dhankar slamming the use of Article 142 as a 'nuclear missile'. The Rajya Sabha chairman also criticised the court for acting as a 'super parliament.' Opposition leaders launched sharp criticism in response to Dhankhar. Several parties, including the Congress, Trinamool Congress (TMC), the DMK, and prominent legal voices, accused the Vice President of undermining the judiciary and 'bordering on contempt.'
NDTV
22-04-2025
- Politics
- NDTV
Amid 'Overreach' Row, Supreme Court Dismisses Petition On High Court's Powers
New Delhi: The Supreme Court on Tuesday dismissed a plea which sought the power of the top court under Article 142 of the Constitution to be granted to the high courts. Article 142 empowers the top court to pass 'any decree or order necessary for doing complete justice in any case or matter pending before it' within the country. A bench of Justices Abhay S Oka and Ujjal Bhuyan wondered how could it allow such a plea and said, "How can we grant such prayer? It requires an amendment to the Constitution. You go to Parliament. Prayer made in this petition is completely misconceived. Power conferred under Article 142 of the Constitution is only on this court and not the high courts. Therefore, we cannot allow high court to exercise power of this court under Article 142." The top court was hearing the plea filed by NGO Abhinav Bharat Congress.
Time of India
22-04-2025
- Politics
- Time of India
Can't allow high courts to exercise power under Article 142: SC
The Supreme Court on Tuesday dismissed a plea which sought the power of the top court under Article 142 of the Constitution to be granted to the high courts. Article 142 empowers the top court to pass "any decree or order necessary for doing complete justice in any case or matter pending before it" within the country. A bench of Justices Abhay S Oka and Ujjal Bhuyan wondered how could it allow such a plea and said, "How can we grant such prayer? It requires an amendment to the Constitution. You go to Parliament. Prayer made in this petition is completely misconceived. Power conferred under Article 142 of the Constitution is only on this court and not the high courts. Therefore, we cannot allow high court to exercise power of this court under Article 142." The top court was hearing the plea filed by NGO Abhinav Bharat Congress .
