Imphal, August 26 2021: The Supreme Court has adjourned the hearing for the final disposal of the disqualification case of 12 MLAs, who were appointed as Parliamentary Secretaries in Manipur for holding office of profit till September 3 .
The writ petition filed by DD Thaisi MLA of 47- Karong AC was listed before the double bench today at admission stage along with SLPs.
The writ petition filed by DD Thaisi as a petitioner against Election Commission of India through the Secretary as respondents prayed to give direction to the Election Commission of India and its opinion to the Governor of Manipur on the disqualification of 12 MLAs who were appointed as Parliamentary Secretary for holding office of profit which the High Court of Manipur termed as unconstitutional in their judgment passed on September 18, 2020 .
The writ petition alleged that the Election Commission of India has failed to discharge its Constitutional duty.
Mention may be made that High Court of Manipur passed a judgment on September 18, 2020 which categorically stated that the Manipur Parliamentary Secretary (Appointment, Salary and Allowances & Miscellaneous Provision) Act 2012 and the Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provision) Repealing Act 2018 are unconstitutional.
The High Court also made it clear that the Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provision) Repealing Act 2018 was invalid.
CJM calls for report on charge sheet: Chief Judicial Magistrate Imphal West has called a report from the IO concerned to confirm whether a charge sheet has been filed in connection with the firing incident at Kakwa Huidrom Leikai in February 2021 and fixed September 2 for the next hearing.
The direction was given today after hearing a bail application filed by the main accused of the case Longjam Rakesh (45) s/o L Achou Singh of Kakwa Huidrom Leikai.
Though the APP verbally informed that a charge sheet has already been filed in connection with the case, no copy of the chargesheet is available in the record maintained by the Court.
The Court observed that the incident attracted much media attention and huge public hue and cry on account of the death of one RK Kasper.
The Court also considered that there may be a miscommunication between the IO/Prosecution side and the staff of the Court as the physical Court sittings were put on hold on account of the ongoing pandemic.
The Court clarified that the accused is entitled to bail under Section 167(2) CrPC if the IO of the case fails to file the chargesheet within the statutory period prescribed by law.
To minimize all confusions and misconceptions, the Court called a report from the IO to confirm whether a charge sheet was filed to this Court.
If it was already filed, the IO of the case is directed to furnish the details of time and necessary acknowledgement receipt on or before September 2 .