SC judgments touch policy decisions, must keep in mind separation of powers: AG to SC
MUMBAI: Maintaining his defiant stand, Maharashtra Navnirman Sena (MNS) chief Raj Thackeray on Wednesday said his party workers will continue to play the Hanuman Chalisa at higher volumes as long as loudspeakers at mosques are not "silenced", while the ruling Shiv Sena asserted no guidelines related to use of the device have been violated in the state.
The Shiv Sena, which heads the Maha Vikas Aghadi (MVA) government, said all mosques in the state have taken permission for use of loudspeakers.
Responding to a call given by Raj Thackeray on Tuesday, MNS workers played the Hanuman Chalisa on a loudspeaker near a mosque in Charkop in Mumbai in the morning, while authorities filed multiple FIRs in Nashik and Panvel against party workers for playing the religious hymns during 'azaan (Muslim call to prayer)', and made arrests.
Apprehending an adverse fallout of the MNS president's call to people to play the religious hymns on loudspeakers wherever they hear loudspeakers "blaring azaan" on Wednesday, police personnel were deployed in large numbers in Mumbai and adjoining cities to maintain law and order.
Unfazed by registration of an FIR against him in Aurangabad on Tuesday over a rally in the central Maharashtra city on Sunday and issuance of a notice by the Mumbai police, Raj Thackeray held a press conference in the metropolis, where he stayed firm on his "remove loudspeakers from mosques" demand and hit out at the Maharashtra Police for detaining his party workers and `letting off' those who do not follow law. After he gave a call to play the Hanuman Chalisa outside mosques, 90-92 per cent of these places of worship did not use loudspeakers for their morning 'azaan' (Muslim call to prayer), Raj Thackeray claimed at the press meet.
Mumbai has 1,104 mosques of which 135 used loudspeakers during the morning namaz on Wednesday, he claimed, seeking to know what action was being taken against these mosques `which violated the law.' Why is action taken against our workers while nothing is being done against those breaking laws? This issue is not restricted to the morning azaan alone. If a loudspeaker is being used for namaz four-five times a day, our people will continue to play the Hanuman Chalisa at double the volume. This (protest) is not restricted for a day, he said. If mosques have to use loudspeakers, they must stick to the decibel limit prescribed by the Supreme Court, he added.
The Shiv Sena countered Raj Thackeray and asserted that loudspeaker guidelines have not been violated in Maharashtra and said no one should teach Hindutva to the Uddhav Thackeray-led party.
NEW DELHI: Attorney General KK Venugopal Wednesday defended The Tribunals Reforms Act of 2021 in the Supreme Court and said that many times the top court through its judgements had waded into the policy domain and it should keep in mind separation of powers .
Many of the Supreme Court judgements have gone beyond its judicial ambit. We have said it is a policy decision yet the court went ahead with its judgement. Often the court has been laying policy decisions and telling the legislature to pass such and such laws. There is a separation of powers and it should be kept in mind," Venugopal told a bench of Justices DY Chandrachud, Surya Kant, and Bela M Trivedi.
The Attorney General was responding to the submission made by senior advocate Arvind
Datar who said that despite the provisions of the Ordinance being struck down last year, the Centre has come out with an Act that has identical provisions which were struck down by a bench headed by Justice LN Rao.
He said that on July 14, last year the top court had by its 2:1 verdict upheld the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 but held as unconstitutional certain provisions related to terms of services of the chairperson, vice-chairperson and other members of tribunals.
On July 14, last year provisions were struck down and on
July 28, last year they came out with an Act which had identical provisions. There are judgements of this court which says that a law cannot be brought without removing the basis of the judgement , Datar said.
The bench asked the Attorney General whether the Act would remain valid as it is similar to the Ordinance word to word whose provisions were struck down.
Venugopal said that he would need time to argue on the merit of the larger issue which is valid as he was not informed that the arguments will be made today.
The bench said that it would hear the arguments in July after the vacation on the validity of the law.
The bench then dealt with some applications relating to the appointments in the tribunals.
It sought to know from the Centre reasons for not appointing a member to Telecom Disputes and Settlement Appellate Tribunal (TDSAT) despite his name being cleared by the selection committee.
The bench said, the court must be apprised of the reasons which weighed with the government for not appointing the applicant in pursuant to the vacancy notified in May 2020 the relevant files may be produced before the court .
Venugopal, appearing for the Centre, said that he will produce the relevant document and submitted a note which stated that names were pending with the Appointment Committee of the Cabinet.
Police filed multiple FIRs in Nashik and Panvel against MNS party workers for playing the religious hymns during 'azaan (Muslim call to prayer)', and made arrests
The bench asked the Attorney General whether the Act would remain valid as it is similar to the Ordinance word to word whose provisions were struck down