Archives for March 2023

New Delhi: A Delhi court on Wednesday discharged AAP MLA Amanatullah Khan in a case of alleged rioting and stone pelting on police personnel in May 2022 while opposing a demolition drive being carried out by the South Delhi Municipal Corporation.

Special Judge Vikas Dhull passed the directions on an appeal filed by Khan against a magisterial court’s order.

The metropolitan magisterial court had directed framing of charges against Khan and others under sections 147 (rioting), 153 (provocation with intent to cause riot), 186 (obstructing public servant in discharge of his public functions), 353 (assault or criminal force to deter public servant from discharge of his duty) and 332 (voluntarily causing hurt to deter a public servant).

The sessions court on Wednesday said the magisterial court’s order suffered from “grave illegality” and was not sustainable in the eyes of law.

The judge said that the magisterial court had placed heavy reliance upon the statement of witnesses, even though video recording was not supporting the allegations made by the witnesses, to come to a prima facie view that charge is required to be framed against the revisionist and other accused persons.

The judge said there were two views possible, one of which, based upon the statement of witnesses, raises a suspicion only that revisionist and other accused persons had committed the offence alleged by the witnesses.

However, the other view, which was made out from the video recording did not raise a grave suspicion that revisionist and other accused persons had committed the offence alleged by the witnesses in their respective statements, the judge noted.

“It is a settled principle of law that if two views are possible and one view raises a suspicion only, then accused needs to be discharged. In the light of above discussion, the impugned order suffers from grave illegality and is not sustainable in the eyes of law,” the judge said while discharging Khan.

The metropolitan magistrate had on January 20 ordered framing of charges against Khan and others.

According to police, Khan, who was the area MLA, along with his supporters, had formed unlawful assembly and pelted stones on Delhi police personnel, besides damaging public property while opposing a demolition drive being carried out by the South Delhi Municipal Corporation in Kalindi Kunj area on May 12, 2022.

Reasonable force had to be used at the spot to curtail the crowd, police said, adding that several police officials got injured in the stone pelting.

The unified Municipal Corporation of Delhi (MCD) had formally come into existence on May 22 last year. It was reunified by merging three civic bodies – North, South and East municipal corporations or NDMC, SDMC and EDMC.

Ganster Atiq Ahmed (L) and BJP MP Subrata Pathak (R)

Lucknow {UP}: BJP Lok Sabha MP Subrat Pathak on Wednesday said he would not be surprised if Atiq Ahmed’s vehicle overturns like that of gangster Vikas Dubey.

Dubey was gunned down in July 2020 by the Special Task Force of Uttar Pradesh police shortly after a police SUV in which he was being brought to Kanpur from Ujjain in Madhya Pradesh overturned under mysterious circumstances on a highway. Police claimed that he had tried to flee.

It happened just a week after eight policemen, including DSP Devendra Mishra, were ambushed in Bikru village in Kanpur when they were going to arrest Dubey and fell to bullets shortly after midnight on July 3.

Atiq Ahmed, who is lodged in a Gujarat jail, has been booked in the last week’s sensational killing of Umesh Pal, a key witness in the 2005 murder of the then BSP MLA Raju Pal, and two security personnel in Prayagraj.

Pathak, who is MP from Kannauj, tweeted, “The killing of Umesh Pal and police security personnel under the protection of the Uttar Pradesh Police is a direct attack on the government of Uttar Pradesh.”

“Remember, if Vikas Dubey could not survive there is no need to tell what will happen to these criminals, and now if the vehicle of Atiq also overturns, I will not be surprised,” he wrote in Hindi.

On Wednesday, Atiq Ahmed moved the Supreme Court for protection, claiming that he and his family have been falsely “roped in” as accused in the Umesh Pal murder case in Prayagraj and he may be killed in a fake encounter by the Uttar Pradesh Police during any transit remand.

In his plea, Ahmed, who is presently lodged at the central jail Ahmedabad in Gujarat, has referred to the statement made by Uttar Pradesh Chief Minister Yogi Adityanath on the floor of the Assembly to “completely ruin and destroy” him and claimed there is a “genuine and perceptible threat” to his and his family members’ lives.

Subrat Pathak who once headed the youth wing of the BJP in the state gained prominence after defeating Dimple Yadav, wife of Samajwadi President Akhilesh Yadav, from Kannauj in the 2019 general elections.

“These criminals do not understand the language of the law. They’re not one or two but hundreds of cases against them, but they misuse it and sit in jail and have biryani,” he later told TV channels, adding that such criminals only understand the language of the gun.

“Such criminals have no place in Uttar Pradesh, especially under Chief Minister Yogi Adityanath who was elected by the people of Uttar Pradesh on the issue of security,” he said.

Based on the complaint filed by Umesh Pal’s wife Jaya Pal, police has lodged an FIR at the Dhoomanganj police station on Saturday against former MP Atiq Ahmed, his brother Ashraf, wife Shaista Parveen, two sons, Atiq’s accomplices Guddu Muslim and Das and other accomplices.

Arbaaz, an accused in the case, was killed in an encounter with the police on Monday. Dhoomanganj police station SHO Rajesh Maurya was also injured in the incident.

In his plea, Atiq Ahmed said the Uttar Pradesh Police in all likelihood will seek his transit remand and also police remand to take him from Ahmedabad to Prayagraj and he “genuinely apprehends that he may be eliminated during this transit period”.

Ahmed, 61, has sought directions to the Centre, the state of Uttar Pradesh and others to protect his life against the “open, direct and immediate threat” to his life from high state functionaries of Uttar Pradesh.https://platform.twitter.com/embed/Tweet.html?dnt=false&embedId=twitter-widget-0&features=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%3D&frame=false&hideCard=false&hideThread=false&id=1630808105406836737&lang=en&origin=https%3A%2F%2Fenglish.varthabharati.in%2Findia%2Fwont-be-surprised-if-atiq-ahmeds-vehicle-also-overturns-bjp-mp-subrat-pathak&sessionId=b9be283d2228620cb5e82e215a3a8cd4e5960ef2&theme=light&widgetsVersion=aaf4084522e3a%3A1674595607486&width=550px

New Delhi: Shiv Sena leader Eknath Shinde could not have been sworn in as the chief minister of Maharashtra if the assembly speaker was not restrained from deciding the disqualification petitions pending against 39 MLAs, the Supreme Court on Wednesday said.

The Shinde faction told the top court that even if 39 MLAs would have been disqualified from the assembly, Maha Vikas Aghadi (MVA) government would have fallen because it had lost majority and the then chief minister Uddhav Thackeray had resigned before the floor test.

The Thackeray faction had earlier told the top court that the formation of a new government in Maharashtra under Shinde was the “direct and inevitable result” of two orders of the apex court dated June 27, 2022 (restraining the speaker from deciding the pending disqualification petitions) and June 29, 2022 (allowing the trust vote to be held) and had “disturbed the co-equal and mutual balance” between judicial and legislative organs of the State.

A five-judge constitution bench headed by Chief Justice DY Chandrachud told senior advocate Neeraj Kishan Kaul, appearing for Shinde bloc, “They (Uddhav faction) are right to this extent that Eknath Shinde was sworn in as chief minister by the governor and was able to prove his majority because the speaker was not able to proceed with the disqualification proceedings against him and other MLAs.”

Kaul said that just after June 29, 2022, Thackeray had resigned because he knew that he did not have a majority and in the floor test held on July 4, last year, his coalition had got only 99 votes as 13 of MVA legislators had abstained from voting.

On July 4, last year, Shinde had won the crucial floor test in the state assembly with the support of BJP and independents. In the 288-member House, 164 MLAs had voted for the motion of confidence, while 99 voted against it.

Kaul said, “They (Thackeray faction) knew that they did not have a majority and even his 13 MLAs, who were earlier supporting them had abstained from voting in floor test. Shinde and other MLAs could not have been disqualified as the 2016 Nabam Rebia verdict of the top court would have come into play, which said that the Speaker could not decide on the disqualification petitions, if a motion for his removal was pending. Until he is disqualified, he continues to be the member of the house.”

The bench after perusing a chart of voting in floor test given by Kaul said that even if the court assumed that 2016 Nabam Rebia verdict did not exist, the speaker would have proceeded to disqualify those MLAs but yes, even if they had been disqualified, even then the government would have fallen.

Kaul said, “Exactly. The chief minister had resigned before the floor test and the combination which came forward before the governor was asked by him to prove his majority on the floor of the house. I say, what is wrong in it? What else could he (governor) have done.”

At the outset, Kaul submitted that Shinde faction was never against Thackeray but was against the party continuing in the MVA and even their resolution dated June 21, 2022 said that there was widespread discontent among cadres.

“Our case was never that we were against the then chief minister but we were against the MVA coalition. Shiv Sena had a pre-poll alliance with BJP and after the election, we formed a government with the help of the NCP and Congress, against whom we contested the election. We said in our resolution that there was widespread discontent among party workers,” he said.

He submitted that the Uddhav faction has tried to confuse powers of three constitutional authorities – Governor, Speaker and the Election Commission – and now want that everything should be set aside including July 4, last year floor test.

“Legislative party is an integral part of the original political party. We have raised our voice in the party. The very act of filing disqualification petitions with the speaker by them (Uddhav faction) was to stifle dissent. Internal dissent within the party does not qualify for disqualification under the tenth schedule,” Kaul submitted.

The hearing remained inconclusive and would continue on Thursday.

On Tuesday, the top court had asked the Shinde-led faction if its move to go against the Shiv Sena party’s wish to continue with the coalition in the MVA amounted to indiscipline leading to disqualification.

Defending its stand, the Shinde faction said the legislative party is an integral part of the original political party and informed that there were two whips appointed by the party in June last year and it went with the one that said it did not want to continue in the coalition.

On February 23, the Uddhav faction told the top court that the formation of a new government in Maharashtra under Shinde was the “direct and inevitable result” of two orders of the apex court that “disturbed the co-equal and mutual balance” between judicial and legislative organs of the State.

A political crisis had erupted in Maharashtra after an open revolt in the Sena and, on June 29, 2022, the apex court refused to stay the Maharashtra governor’s direction to the 31-month-old MVA government to take a floor test in the assembly to prove its majority.

On August 23, 2022, a three-judge bench of the top court headed by then chief justice N V Ramana had formulated several questions of law and referred to the five-judge bench petitions filed by the two Sena factions which raised several constitutional questions related to defection, merger and disqualification.

Hyderabad: A 16-year-old student allegedly died by suicide here even as his family accused the college management and some members of the teaching faculty of harassing him and held them responsible for his death, police said on Wednesday.

A suicide note purportedly written by the teenager was found in which the boy also mentioned that the principal and some teaching faculty were inflicting mental torture on him.

The student, studying first-year intermediate at a private college in Narsingi near here, was found hanging in the classroom of the residential educational institute on Tuesday night by some students after they did not find him in the hostel room, they said.

The students said they carried him, took a lift and rushed him to a nearby hospital, where the doctors declared him brought dead.

In the suicide note, the boy apologised to his parents, elder brother over the act (suicide) and asked them to take serious action against those who harassed him.

Telangana Education Minister P Sabita Indra Reddy asked the officials concerned to enquire into the incident and submit a report, official sources said.

The latest incident is the third such one involving students ending their lives that were reported in Telangana over the past few days over different reasons, after a woman post-graduate medical student and a woman engineering student allegedly died by suicide in separate incidents in Warangal district.

In the latest instance, the boy’s family members, relatives and some students organisations held protests at different locations today alleging that the college management was responsible for his death and that he was mentally harassed.

The boy’s elder brother told media that one teaching faculty used to regularly beat his brother.

The protesters were seen squatting on the road and raising slogans “We want justice”.

The boy’s father, in a complaint lodged with police, said on Tuesday evening, he met his son at the college hostel, spoke to him and gave some medicines as his son was suffering from skin allergy.

The complainant further stated that his son was reprimanded and beaten by two teachers and a warden for not “studying well”, though he had told his son to keep those things aside and to study well.

Late on Tuesday night, the complainant received information that his son took the extreme step following which he lodged a complaint against the college management, principal and some others of causing abetment to commit suicide after which a case was registered under relevant Indian Penal Code sections and took up investigation, police said.

Chandigarh: The Haryana government has justified the parole granted to Dera Sacha Sauda chief Gurmeet Ram Rahim Singh, saying he does not fall under the definition of a “hardcore prisoner” and cannot be termed a serial killer.

The dera chief, who is serving a 20-year jail term for raping two disciples, was granted 40-day parole on January 20. He has also been convicted in two murder cases.

The Shiromani Gurdwara Parbandhak Committee (SGPC) recently challenged the parole order in Punjab and Haryana High Court.

In its reply through the superintendent of the Rohtak’s Sunaria Jail, where the Sirsa-based sect chief is serving out his sentence, the state government said no illegality was committed by granting parole.

According to the state government submission, the petitioner projected before the court that after having been convicted in two murder cases, Gurmeet Ram Rahim is now covered under the definition of a “convicted hardcore prisoner” under section 2(1)(g) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022.

The SGPC also argued that his conviction in two murder cases amounted to “serial killings” under that Act.

The dera chief and four others were convicted in 2021 for hatching a conspiracy to kill Ranjit Singh, a dera manager. In 2019, he and three others were convicted for the murder of a journalist 16 years ago.

The state government rejected the SGPC argument.

His conviction in two different murder cases cannot be termed “serial killings” as he was not an assailant and had not executed the actual murders, it said.

The contention is “factually incorrect and without any basis”, the government said.

“He has been held guilty for hatching criminal conspiracies with the co-accused for these killings. He has been punished under section 302 IPC only with the aid of section 120-B,” it said referring to the “independent section” relating to criminal conspiracy.

The charges under this section are framed independently and in case of conviction, the sentencing of this section is to be read with the actual offence committed,” it submitted.

The government said the dera chief has already been on parole and furlough on three different occasions as granted by the competent authority under the provisions of the Act, and during his temporary release no untoward incident took place.

About 1,000 convicts from jails in the state have already availed the benefit of temporary release on parole and furlough under the Haryana Act, the government said.

The main purpose of the provision is to give convicts a chance to solve their personal and family problems, and maintain links with society, it said.

It described parole and furlough a “rehabilitation tool”.

The G20 Foreign Ministers meet should  signal the need for unity of purpose and unity of action, said Prime Minister, Narendra Modi, on Thursday.

PM Modi said that the past few years reflected the failure of global governance which post second world was was meant to prevent wars and foster international cooperation.

“The architecture of global governance created after the Second World War was to serve two functions. First to prevent wars by balancing competing interests and second to foster international cooperation on issues of common interests,. The global governance has failed in both its mandates as there is financial crisis, climate change, terrorism and wars,’’ PM Modi said.

I hope the meeting today will reflect this spirit of coming together, for achieving common and concrete objectives,  PM Modi said adding that the voice of the Global South needs to be heard.

“No group can claim global leadership without listening  to those most affected by its decisions. As you meet in the land of Gandhi and Buddha, I pray you draw inspiration from India’s civilizational ethos -to focus not on what divides us but what unites us,’’ PM Modi added.

Meanwhile, Exterrnal Affairs Minister, Dr S Jaishankar, began the meet by observing a minute of silence for those who lost their lives in Turkey and Syria due to the earthquake.

“Let us remind ourselves that this grouping bears an exceptional responsibility. We may not be of one mind, infact there are some matters of sharp differences of opinions of views, yet we must find common ground and provide direction, because that is what the world expects of us,’’ said Dr Jaishankar adding that the future of multilateralism depends on our ability to strengthen it in a changing world.

The EAM also said that though the number of members of the United Nations has quadrupled it neither reflects todays politics, nor economics, demographies and aspirations. He also spoke about reforms in the UN.

“The agenda for the meet includes challenges of food, fertilizer and fuel security,’’ Dr Jaishankar added.

India has taken development projects in 78 countries and has encouraged exchanges and capacity building.

“We must ensure demand driven and sustainable development cooperation based on country ownership and transparency. Respect for soverignity and territorial integrity,’’ Dr Jaishankar added.