38.6c New Delhi, India, Thursday, March 28, 2024
Judiciary

Former State BJP Chief Of Kerala Moves SC Says 'No Legal Right Of The State Is Affected' In The Anti-CAA Suit

By LawStreet News Network      18 January, 2020 01:01 PM      0 Comments
Former State BJP Chief Of Kerala Moves SC Says 'No Legal Right Of The State Is Affected' In The Anti-CAA Suit

On January 14, 2020 the state of Kerala had challenged the Union legislation - the Citizenship (Amendemet) Act (CAA), 2019 under Article 131 of the Constitution of India, 1950. Now yesterday on January 17, 2020 former Kerala BJP state president and ex-Governor of Mizoram Kummanam Rajasekharan has filed an impleadment application in the Supreme Court and challenged the maintainability of the suit filed by the Kerala Government. Besides him, there is also a 2nd applicant named Ajikumar who is a social worker. Both the applicants are registered voters in Kerala. 

They have mentioned in the application that they are aggrieved by the action of the petitioner (State of Kerala) as they have filed a petition without considering the majority view of the people of Kerala and it will burden the public exchequer unnecessarily. 

They alleged that the petitioners have listed the minorities who have not been included from the Pakistan, Afghanistan and Bangladesh as well as other neighbouring countries, but have failed to prove or give any record of how they are facing persecution. 

It is pleaded in the application that there is no need to invoke the original and exclusive jurisdiction of the Supreme Court as the situation isn’t so grave and there is no “legal dispute,” if there is a dispute then it is “political dispute”. 

To substantiate this argument, they cited ‘State of Karnataka v. Union of India’ [1978 SC 68] in which SC has held that the dispute must involve a question relating to a legal right and not a political right. They also argued that the petitioners haven’t made out any substantial case which will show that through CAA, existing legal rights and the liberty of the State of Kerala or its inhabitants are affected. 

It is further alleged that the petitioners have filed the suit without even consulting the executive head of the state, namely the Governor. In reality the Governor has openly declared that the Act is “perfectly constitutional”.

They also contended that they have made out a prima facie case of violation of their right and requested the Court to implead them in the suit.

There is no notice or order as to the application. The matter has been adjourned. 

Author: Parth Thummar 



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

india-summons-us-diplomat-over-state-dept-remarks-on-kejriwals-arrest
Trending International
India summons US diplomat over state dept remarks on Kejriwal's arrest

After CAA, U.S. wades into Arvind Kejriwal’s arrest. Here's how India responded.

27 March, 2024 04:41 PM
delhi-high-court-warns-against-aaps-call-for-protest-in-court-premises-amid-kejriwal-arrest
Trending Judiciary
Delhi High Court Warns Against AAP's Call for Protest in Court Premises Amid Kejriwal Arrest

Delhi High Court warns Aam Aadmi Party's Legal Cell of severe action for any protest in Delhi Courts against Arvind Kejriwal's arrest.

27 March, 2024 05:57 PM

TOP STORIES

global-entertainment-giants-warner-bros-netflix-amazon-get-relief-from-delhi-hc-in-copyright-protection-case
Trending Business
Global entertainment giants Warner Bros, Netflix, Amazon get relief from Delhi HC in copyright protection case

Delhi HC grants relief to global entertainment giants like Netflix, Amazon, Warner Bros, ordering takedown of copyrighted content on rogue websites.

22 March, 2024 12:13 PM
arvind-kejriwal-arrested-can-cm-administer-a-region-while-being-in-jail
Trending Top Stories
Arvind Kejriwal Arrested | Can CM administer a region while being in jail?

Will President's rule be imposed in Delhi after Kejriwal’s arrest? Read the full article to know more.

22 March, 2024 03:16 PM
merely-because-you-are-politician-cant-bypass-statutory-remedies-procedure-sc-refuses-to-consider-bail-by-kavitha
Trending Judiciary
'Merely because you are politician, can't bypass statutory remedies, procedure,' SC refuses to consider bail by Kavitha

Supreme Court denies bail to politician Kavitha in Delhi Liquor Policy Scam; ED alleges Rs 100 crore illegal gratification.

22 March, 2024 03:34 PM
ponmudi-to-be-sworn-in-as-minister-tn-governor-relents-before-sc
Trending Judiciary
Ponmudi to be sworn in as Minister, TN Governor relents before SC

Tamil Nadu Governor relents to Supreme Court's order, agrees to swear in DMK leader K Ponmudi as Minister after court's rap.

22 March, 2024 03:54 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email