Home Blog Page 1018

North Korea launches ‘garbage war’ against South Korea, sends balloons carrying filth over the border in retaliation to balloons carrying leaflets

OpIndia Staff
-
0
North Korea launches ‘garbage war’ against South Korea, sends balloons carrying filth over the border in retaliation to balloons carrying leaflets

Kim Jong Un ruled North Korea has added a new weapon to its arsenal to target South Korea, garbage and manure, carried by massive gas balloons. On Tuesday night, the South Korean military observed a large number of balloons arriving from the country’s northern neighbour, with an estimated 150 balloons arriving by Wednesday morning.

Visuals show that plastic bags were tied to the balloons that were flown by the wind from the north to the south. When the balloons fell to the ground, the plastic bags opened up, littering the streets and grounds with garbage and excrement. South Korean authorities called it a dangerous act. Reportedly, while most balloons landed, some were still floating in the air.

Photos show that while some garbage bags were tethered to two balloons, others were carried by a single balloon.

Following the ‘garbage attack’ by North Korea, the South Korean military’s explosives ordnance unit and chemical and biological warfare response team were deployed to inspect and collect the objects, and an alert was issued warning residents to keep away and report any sightings to authorities. The balloons examined so far contained “filth and garbage”, said the country’s Joint Chiefs of Staff (JCS).

“North Korea’s actions clearly violate international law and seriously threaten the safety of our citizens. All responsibility arising from the North Korean balloons lies entirely with North Korea, and we sternly warn North Korea to immediately stop its inhumane and low-level actions,” JCS said in a statement.

Responding to the development, North Korea’s vice defence minister issued a statement vowing to exercise “strong power for self-defence” and warned that “mounds of waste-paper and filth” would be sent to the South in response to its flying “dirty things” to the North.

According to North Korean state media KCNA, balloons carrying garbage were sent to South Korea in retaliation against South Korean activists sending balloons carrying leaflets and various other items to North Korea. Apart from leaflets with messages against the North Korean regime, the activists, many of originally from North Korea, also send food, medicine, radios and USB sticks containing South Korean news, television dramas and K-pop videos to the North.

Apart from balloons, the activists also use drones and bottles floating down the cross-border river to send such messages and items from South to North Korea.

Earlier South Korean govt had tried to stop activists to conduct such campaigns, and a ban on balloons was imposed in 2021. But a top court ruled it unconstitutional, saying the ban violated freedom of speech. Kim Kang Il, North Korea’s Vice Minister of National Defense, said recently that “scattering leaflets by use of balloons is a dangerous provocation that can be utilized for a specific military purpose.” He accused South Korea of using “psychological warfare” by scattering “various dirty things” near border areas, declaring that the North would take “tit for tat action.”

“Mounds of wastepaper and filth will soon be scattered over the border areas and the interior of (South Korea) and it will directly experience how much effort is required to remove them,” Kim said, according to state media KCNA. “When our national sovereignty, security and interests are violated, we will take action immediately.”

And carrying out the threats, North Korean govt send balloons carrying garbage and filth to South Korea. Now that South Korea has strongly reacted to it, the ‘garbage war’ may escalate further.

Mani Shankar Aiyar strikes again, claims China “allegedly” invaded India in 1962, Congress says he is senile and should be ignored

OpIndia Staff
-
0
Mani Shankar Aiyar strikes again, claims China “allegedly” invaded India in 1962, Congress says he is senile and should be ignored

Congress foul-mouth Mani Shankar has an unparalleled reputation for making controversial statements that inadvertently harm his party. On the 28th of May, the senior Congress leader stoked a fresh controversy after he termed the 1962 Indo-China war as an “alleged Chinese invasion”, hinting that he does not believe that China attacked India.

Speaking at an event at the Foreign Correspondents Club on Tuesday, Mani Shankar Aiyar said, “In October 1962, China allegedly invaded India. On the day that Tawang fell, the foreign service exams began in London. When they were over, the newspapers used to make references to me as being very left wing and a communist…”

Mani Shankar Aiyar also attacked the Intelligence Bureau under PM Jawaharlal Nehru after he was not selected for the foreign services. He claimed that he was rejected because the IB read in the newspapers that he was a communist and raised money for China. The veteran Congress leader claimed the Intelligence Bureau lacked intelligence.

Aiyar’s comments calling China’s invasion of India in 1962 triggered an outrage on social media and Bhartiya Janata Party leader Amit Malviya slammed the Congress leader for giving clean chit to China. He also highlighted former PM Jawaharlal Nehru’s blunders like giving up India’s claim on the UNSC permanent seat, Rahul Gandhi’s MoU with China, etc as he questioned Congress’s “love” for China.

Taking to X, Malviya wrote, “Mani Shankar Aiyar, speaking at the FCC, during launch of a book called Nehru’s First Recruits, refers to Chinese invasion in 1962 as ‘alleged’. This is a brazen attempt at revisionism. Nehru gave up India’s claim on the permanent seat at the UNSC in favour of the Chinese, Rahul Gandhi signed a secret MoU, Rajiv Gandhi Foundation accepted funds from the Chinese Embassy and published reports recommending market access for Chinese companies, based on them, Sonia Gandhi’s UPA opened up Indian market for Chinese goods, hurting MSMEs and now Congress leader Aiyar wants to whitewash the Chinese invasion, post which the Chinese have been in illegal occupation of 38,000 sq km of Indian territory. What explains Congress’s love for the Chinese?”

Amidst the outrage, Congress leader Jairam Ramesh, who besides his usual job in the party has also been distancing the party from the controversial remarks of its leaders like Aiyar and Sam Pitroda these days, blamed Aiyar’s age and distanced the party from his comments.

“Mr. Mani Shankar Aiyar has subsequently apologised unreservedly for using the term “alleged invasion” mistakenly. Allowances must be made for his age. The INC distances itself from his original phraseology. The Chinese invasion of India that began on October 20 1962 was for REAL. So too were the Chinese incursions in Ladakh in early May 2020 in which 20 of our soldiers were martyred and the status quo disturbed…” Ramesh posted on X.

While Jairam Ramesh is now claiming that the Modi government gave clean chit to China’s illegal incursions into Indian territory in 2020, citing an incomplete video of PM Modi’s remarks made during a June 2020 all-party meeting, PM Modi did not deny the occurrence of Galwan clashes.

The Prime Minister said, “Neither have they intruded into our border, nor has any post been taken over by them (China). Twenty of our jawans were martyred, but those who dared Bharat Mata, they were taught a lesson [Na wahan koi hamari seema mein ghus aaya hai, na hi koi ghusa hua hai, na hi hamari koi post kisi doosre ke kabze main hai. Ladakh mein hamaare 20 jaanbaaz shaheed hue, lekin jinhone Bharat mata ki taraf aankh uthakar dekha tha unhe wo sabak sikhakar gaye].”

Indo-China war 1962

The Indo-China War of 1962, also known as the Sino-Indian War, was a brief but intense conflict that erupted between India and China over territorial disputes in the Himalayan border regions. The war began on the 20th of October, 1962, and lasted until the 21st of November, 1962, resulting in a decisive Chinese victory and a significant impact on India’s defence policy and regional geopolitics. Although there were multiple causes behind China’s invasion, the primary cause of the war was a long-standing border dispute over the Aksai Chin region and Arunachal Pradesh. China claimed Arunachal Pradesh and Aksai Chin to be a part of its Xinjiang province. OpIndia has reported earlier how PM Nehru had ignored the military’s warning of a possible Chinese attack two years before the Chinese invasion.

Mani Shankar Aiyar and Pakistan: The eternal love story

This is not the first time that Mani Shankar Aiyar pushed the Congress party in a tough spot with his outrageous remarks. While Sam Pitroda hogged all the ‘limelight’ for his inheritance tax and a racist remark, Mani Shankar Aiyar expressed his admiration for Pakistan. Aiyar said that India should respect Pakistan. Aiyar said that India must respect Pakistan because ‘unki bhi izzat hai’ adding that they have “atom bombs”. The Congress leader made these remarks while advocating for a resumption of talks with Pakistan. Probably, Aiyar wanted the Modi government to give Pakistan the izzat the UPA government gave to the hostile neighbour after 26/11 and at Sharm al Sheikh.

In February this year, in line with the Pakistani narrative, Aiyar blamed ‘Hindutva’ for the Modi government not resuming bilateral talks with Pakistan. He also claimed that India currently does not have the “courage” to sit across the table and talk with Pakistan.

“Under Hindutva, they are trying to imitate Pakistan, which became an Islamic republic. The Gandhi-Nehru answer to the Islamic republic was that they would not become a republic based on religion but a republic based on all religions. But their philosophy that lasted for 65 years was overthrown in 2014 and for the next five years we are going to have the same mindset in Delhi,” Aiyar said.

Back in 2019, Mani Shankar Aiyar sought help from Pakistan to remove PM Modi so that India-Pakistan talks could progress.

In 2018, Aiyar said that he gets more “love in Pakistan” and a “lot more hatred in India”. Aiyar was speaking on the sidelines of an event in Pakistan. Getting love in Pakistan is obvious since Aiyar peddles Pakistan’s anti-India narrative.

Interestingly, overlooking Mohammad Ali Jinnah’s role in Direct Action Day, Aiyar once hailed Jinnah for his role in the freedom movement and even referred to him as Quaid-e-Azam. Aiyar said this in defence of Jinnah’s role in the partition.

Mani Shankar Aiyar’s vile attacks against PM Modi

In the run-up to the 2014 elections, Congress leader Mani Shankar Aiyar had taken a dig at Prime Minister Modi’s humble beginning as a tea seller and said that Modi can distribute tea but can never be the Prime Minister. It, however, is widely known how PM Modi turned Aiyar’s attack into a badge of honour and held ‘Chai Pe Charcha’ and eventually won a historic victory in the general elections.

In December 2017, called PM Modi a “neech kisam ka aadmi” ahead of the Gujarat Assembly election. “Ye bahut hi neech kisam ka aadmi hai, is mein koi sabhyata nahi hai…” Aiyar said. PM Modi had again turned Aiyar’s ‘neech’ jibe in his favour and BJP ended up winning the majority in Gujarat elections. Back then, not Jairam Ramesh but the Congress Prince Rahul Gandhi himself tried to distance his party from Aiyar’s casteist remark against PM Modi and “expected” an apology from him. However, Aiyar never properly apologised.

While Jairam Ramesh is now suggesting that Aiyar is senile and should be ignored, the Congress party never took any strict action against Aiyar for his outrageous remarks over the years even though they and continue to harm the party. Interestingly, in 2019 Prime Minister Modi said that Congress has fielded “two batsmen” to defend the “naamdar” Rahul Gandhi. Here the two batsmen were none other than Sam Pitroda and Mani Shankar Aiyar. PM Modi said that Congress would blame these two for its defeat. It seems like the Congress party may have unleashed its two “batsmen” at this time when its defeat is nearly inevitable, to take the blame for the Gandhi prince’s yet another failed relaunch.

UP: Police officer Simranjit Kaur caught red-handed taking Rs 50,000 bribe from a rape victim, was earlier sacked for bribery in Nithari cannibalism case

OpIndia Staff
-
0
UP: Police officer Simranjit Kaur caught red-handed taking Rs 50,000 bribe from a rape victim, was earlier sacked for bribery in Nithari cannibalism case

On 28th May, crime branch inspector Simranjeet Kaur was arrested by the Bareilly Anti-Corruption team while accepting a bribe of Rs 50,000. Reportedly, a rape victim filed a complaint against Kaur alleging that the inspector already extorted Rs 100,000 from her and was demanding Rs 50,000 more.

Notably, Kaur has a history of being suspended for inadequate investigation. She was leading the infamous Nithari cannibalism case in Noida where she was found guilty of inadequate investigation. At that time, she was a sub-inspector and was dismissed from her position. Kaur remained out of service for eight years. She contested her suspension in court and was reinstated following a court order. After rejoining the service, she was promoted to the rank of inspector.

In the recent complaint, the rape victim was allegedly pressured by Crime Branch Inspector Simranjeet Kaur into giving her money as she registered false charges under extortion and IT Act provisions against her. Deputy Superintendent of Police, Bareilly Anti-Corruption Department, Yashpal Singh, said in a statement that Kaur demanded money from the victim to file a final report (FR) in the case indicating that there was no evidence against the victim. After Kaur allegedly pressured the victim into giving her an additional Rs 50,000, the victim filed a complaint to the Anti-Corruption Department. A sting operation was conducted leading to Kaur’s arrest.

A case against Kaur has been registered at Binawar police station. She was taken to the Civil Lines police station for further proceedings in the matter. Notably, she was posted at Islamnagar police station in Badaun shortly before Lok Sabha Elections 2024.

Selective outrage of low IQ Bollywood exposed with ‘All Eyes on Rafah’ campaign: What happened in Rafah and why learning all sides of a story is important

Anurag
-
0
Selective outrage of low IQ Bollywood exposed with ‘All Eyes on Rafah’ campaign: What happened in Rafah and why learning all sides of a story is important

On 28th May, several celebrities from India shared stories on Rafah. An AI-generated image with the text “All Eyes On Rafah” was shared on the social media platform Instagram over 33 million times. Here are some of the celebrities who shared the image or a similar story.

Actors and actresses including Malaika Arora Khan, Zareen Khan, Sonam Kapoor, Kriti Kharbanda, Nora Fatehi, DQ Salmaan, Samantha Ruth Prabhu, tripti Dimri, Rakul Preet, Rahul Dua, Varun Dhawan, Nitanshi Goel, Urfi Javed, Swara Bhaskar and Ahsaas Channa were among those who shared the same story on social media. On the other hand, Huma Qureshi and Kareena Kapoor shared a post published by UNICEF calling for a ceasefire in the region. Here are screenshots of the stories published by these celebrities.

Screenshots of stories by Urfi Javed, Swara Bhaskar and Ahsaas Channa. Source: Instagram
Screenshots of stories by Malaika Arora, Zareen Khan and Sonam Kapoor. Source: Instagram
Screenshots of stories by Kriti Kharbanda, Nora Fatehi and DQ Salmaan. Source: Instagram
Screenshots of stories by Samantha Ruth Prabhu, Tripti Dimri and Rakul Preet. Source: Instagram
Screenshots of stories by Rahul Dua, Varun Dhavan and Nitanshi Goel. Source: Instagram
Screenshots of stories by Huma Qureshi and Kareena Kapoor. Source: Instagram

Rohit Sharma’s wife Ritika Sajdeh, vetern actress Madhuri Dixit and some other celebrities also shared stories but deleted after immense pressure from the public. Here are screenshots of their now-deleted stories.

Stories on Instagram that were deleted after pressure from the public. Source: X

Retaliating to the propaganda campaign, pro-Israel accounts have started sharing social media posts asking those who have “eyes on Rafah” to help Israel in finding the hostages that Hamas has not released since 7th October 2023.

What happened in Rafah? IDF says civilian casualties may be result of Hamas explosive warehouse inside civilian area

Rafah is the southernmost part of the Gaza Strip. It shares a border with Egypt and the Rafah crossing is presently the only way Gaza residents can leave the area. However, Egypt only allows humanitarian aid inside. Egypt has refused all requests for evacuation and does not allow Palestinians to enter their nation.

At least that was what the world thought, because, recently Israel’s military operations in Rafah exposed several tunnels extending from Rafah to Egypt, allegedly allowing Hamas terrorists to enter Egyptian territory without anyone noticing. Israel has claimed at the ICJ hearing that Egypt’s government knew about those tunnels.

On 26th May (local time) Palestinian terrorist organisation Hamas launched rockets at the Tel Aviv area in Israel. Sirens were heard across the region warning the residents to take shelter immediately. Hours after the rocket strike by the terrorist group, Israeli forces launched an airstrike at Rafah, an area that is the southern most part of the Gaza strip, where currently many Palestinians have taken shelter.

Notably, it is on the border with Egypt. During the airstrike, Israel accidentally hit a tent camp where reportedly displaced Palestinians were living. Media reports have claimed that around 45 people including children and elderly lost their lives and 200 were injured in the strike. However, Israel has denied it, saying they had hit a terrorist shelter away from civilian area.

IDF has stated that they had launched a precision strike with a limited amount of explosives at an area 1.7 km away from the civilian zone. However, secondary explosions might have been triggered because Hamas has a habit of storing explosives and munitions in civilian areas, often using civilian compounds as cover.

Also, Hamas has been successfully running a misinformation campaign. They have earlier made misleading, sometimes totally false claims amplifying victimhood, while using Palestinian civilians as human shield throughout the conflict. One such attempt was the desperate efforts to claim “hundreds of civilians killed in Shifa hospital“. Soon enough, images and videos exposed their lies. The fire incident in a parking lot was amplified as mass destruction, with active help from international media.

The attack by Israeli forces was aimed at killing Hamas operatives hiding in the area and they successfully neutralised two of them. United Nations and the World Health Organisation condemned the air strike on Rafah. Israel has expressed regret over the death of 45 people in the fire and explosions and launched an investigation in the matter.

Displaced priorities: The hypocrisy of selective outrage

The recent surge in such posts by numerous Indian celebrities has brought to light a troubling trend of selective outrage. A particular image was shared over 33 million times worldwide on Instagram which appears to be an attempt to create a negative narrative against Israel. These celebrities collectively amplified the message which reminded of the “I am ashamed” placard campaign during the Kathua incident. Instead of trying to get into the depth of the incident to find out what happened, Hindus were targeted with selective outrage. However, their conspicuous silence on other pressing issues reveals a stark hypocrisy.

The social media onslaught of the ‘All eyes on Rafah’ campaign has again exposed how celebrities are detached from ground realities and the bigger picture. Dozens of hostages taken away by Hamas after the October 7 massacre are yet to return home. Recently released videos show how brutally young girls were raped and tortured by Hamas terrorists, but none of that was enough to incite concern from these celebrities with millions of followers.

Ignoring the plight of Hindus

While these celebrities come out in support of international matters, their deafening silence on the atrocities faced by Hindus in neighbouring countries such as Pakistan, Afghanistan and Bangladesh raises several questions. The persecution and suffering of Hindus in these countries are severe. Yet not even one of these celebrities has ever raised their voice in their support or used their mass followership to shed light on their plight. The indifference not only highlights their selective activism but also questions their commitment to human rights and justice.

Silence on domestic atrocities

Their hypocrisy is not limited to the international issues. They fail to raise their voices for victims of love jihad in India. The merciless killings of Hindus during riots, growing instances of love jihad where Hindu women become victims of Islamists and other such grave injustices the thrown under the rug by these influential figures. Have you ever seen any one of them raising their voices for the likes of Kanhaiya Lal? These celebrities who were vocal in the Rafah campaign, have failed to address these significant concerns, thereby exposing their selective moral compass.

Coordinated efforts and virtue signalling

The uniformity of the posts shared by these celebrities suggests that there might be a well-orchestrated campaign behind them. There is a possibility that some or all of them were paid to participate in the campaign. The way these celebrities prefer to engage with international narratives while neglecting the issues closer to home shows how their actions are limited mostly to orchestrated campaigns rather than advocating for all victims of injustice.

No one is stopping these celebrities from earning money or indulging in international campaigns. However, selective outrage and targeted virtue signalling are problematic and need to be addressed. Celebrities often influence millions of people on social media. Many of them form a narrative without getting into details of the incidents. In such cases, victims often get painted as the perpetrator.

7th October Hamas terrorist attack on Israel

On the 7th, Hamas launched a terrorist attack on Israel killing at least 1,300 people including foreigners. They abducted hundreds of civilians from Israel and took them to Hamas-controlled areas in the Gaza Strip. In retaliation, Israel launched a military action against Hamas to finish the terrorist organisation. Though Israel requested the locals in Gaza to move out, many of them stayed resulting in thousands of deaths in Israeli attacks. During the military action, Israel revealed how Hamas was using a well-established tunnel system under residential areas. Schools and hospitals in Gaza had tunnels under them housing Hamas terrorists. Furthermore, Hamas was exposed for using UN vehicles and aid for their benefit. The Israel-Hamas war will enter its eighth month in June 2024.

India’s stand on Israel-Palestine conflict

India considers Israel a friend and strategic partner. However, India’s stand on the Israel-Palestine conflict has always been clear. India advocates for a 2-state solution and has always stood for peace. India has repeatedly voted in favor of a 2-state solution, allowing the Palestinians their rights to a defined, viable, and independent state side by side with Israel, while advocating for the end of terrorism and civilian casualties.

Umar Khalid, conspiracy to delay trial only to use it to demand bail, ‘change in law’ argument and more: Breaking down Delhi Court order denying bail

Nupur J Sharma
-
0
Umar Khalid, conspiracy to delay trial only to use it to demand bail, ‘change in law’ argument and more: Breaking down Delhi Court order denying bail

On the 29th of May 2024, the Sessions Court dismissed the bail application of UAPA accused Umar Khalid. Umar Khalid is in jail for being one of the main conspirators of the Delhi anti-Hindu Riots which claimed the lives of 53 people – including those like Ankit Sharma, who was stabbed over 50 times by a Jihadi mob and Dilbar Negi, whose hands and legs were chopped off before being burnt to death.

While dismissing the bail petition, the court specifically said that the predecessor sessions court and the High Court had found that the case against Umar Khalid was prima facie true. Agreeing with the finding of the two judgements, the current session court under Additional Sessions Judge Sameer Bajpai dismissed the bail petition of Umar Khalid.

Before we analyse the order passed by Additional Sessions Judge Sameer Bajpai, it is imperative to understand how the bail proceedings of Umar Khalid have progressed in the 59/2020 chargesheet (Larger conspiracy case).

Umar Khalid was arrested in September 2020. Thereafter, he filed for bail in the larger conspiracy case in July 2021. It was on 22nd March 2022 that the District Court then rejected the bail application of Umar Khalid in the conspiracy case. Thereafter, on the 20th of April 2022, Umar Khalid approached the High Court. It was on the 18th of October 2022 that the High Court dismissed Umar Khalid’s bail application saying that the case against him was prima facie true.

After the High Court rejected Umar Khalid’s bail petition, instead of immediately appealing in the Supreme Court, Umar Khalid approached the District Court again for a 2-week interim bail. The reason given by Umar Khalid was that he had to attend his sister’s wedding. On the 12th of December 2022, Umar Khalid got a 1-week reprieve to attend his sister’s wedding. From the 23rd to the 30th of December 2022, Khalid was out on interim bail.

It was only on the 6th of April 2023, 4 months after his interim bail ended, that Khalid moved a Special Leave Petition in the Supreme Court challenging the rejection of his bail by the High Court. It is pertinent to note here that Umar Khalid approached the Supreme Court a good 6 months after the High Court had rejected his bail application.

Thereafter, Umar Khalid’s bail hearing was adjourned 14 times. Out of those 14 times, 7 times it was Umar Khalid and his legal team (Kapil Sibal) who had requested the adjournment. On the 14th of February 2024, Kapil Sibal withdrew Umar Khalid’s SLP from the Supreme Court citing a ‘change in circumstances’, saying that he would “try his luck” in the Sessions Court.

A detailed analysis of the possible reasons for the withdrawal of SLP from the Supreme Court, including forum shopping, can be read here.

When the SLP was withdrawn from the Supreme Court, the specific ‘change in circumstances’ was not elaborated upon. However, the team of Umar Khalid was expected to argue based on these ‘changed circumstances’ in the Sessions Court.

In the order passed by the Sessions Court, Additional Sessions Judge Sameer Bajpai noted that Umar Khalid had not addressed specifically what these ‘changes in circumstances’ were that he wanted the court to consider. However, in his assessment based on the arguments made by defence counsel Trideep Pais, he concluded that there could be 2:

  1. Delay in proceedings
  2. Change in law

In this article, we will analyse each reason separately.

Delay in proceedings

Judge Sameer Bajpai in his 28th May 2024 order dismissed the contention that there was any delay in the trial proceedings as claimed by Umar Khalid.

“With regard to the aspect of delay, the ld. Public Prosecutor submitted and the record also shows that there is no delay in framing of charge and commencement of the trial on the part of the prosecution and infact, it is the accused persons who have moved separate applications, praying therein that before considering the matter on charge the prosecution be asked if the investigation is complete. Thus, when the delay in the proceedings is not on the part of the prosecution and infact is on the part of the accused persons, the applicant cannot take benefit of the same”, the order read.

The court here categorically states that there was no delay in the framing of the charge and the commencement of the trial on the part of the prosecution. The court observes that it was Umar Khalid who had moved separate applications, insisting that before hearing the matter on charges in the case, the prosecution must be asked if the investigation is complete. Therefore, it was Umar Khalid who had delayed the trial and not the court or the prosecution.

The court order in this case hints towards how Umar Khalid was trying to game the system by deliberately causing delays and then using the excuse of delay in proceedings to demand bail.

As far as the hearing in the Supreme Court itself is concerned, there were 14 adjournments in the hearing – 7 of which were requested by Kapil Sibal himself.

As explained earlier in this article, there were no delays in the trial itself. After the first bail application was filed in the Sessions Court, within 8 months, his bail was denied. In the High Court, it took 6 months for the High Court to dismiss bail. Thereafter, Umar Khalid took a good 6 months to approach the Supreme Court, where he himself delayed heating 7 out of 14 times. In the current sessions court round, it took less than 3 months for his bail to be rejected.

Apart from the hearing dates, there is another element where Umar Khalid and his co-accused deliberately caused a delay in the hearing in 2023.

On the 18th of September 2023, Umar Khalid, Tahir Hussain and some others submitted in the District Court that they wanted arguments on charges to begin by the prosecution. While Umar Khalid and Tahir Hussain insisted that they wanted the prosecution to start arguments on the formation of charges on the 18th of September 2023, there was an application submitted in court by UAPA accused Devangana Kalita and Natasha Narwal. When they filed the application in the case, they were out on bail.

In the application moved by Natasha Narwal and Devangana Kalita, they essentially demanded a status report on the investigation by the  Delhi Special Cell. They demanded that the Special Cell must provide a report on the status of the investigation BEFORE the arguments on charges start by the prosecution. They argued that the Police had filed 1 chargesheet and 4 supplementary chargesheets in the conspiracy case. If the arguments on charges commence, the police can file other supplementary chargesheets in the court of the hearing to “cover up” the gaps in the investigation that the defence would point out. 

What was far more interesting in their application is that they also demanded a status report as to why some of the others who featured in the conspiracy have not been made accused and questioned what the status of the investigation was against them. 

When the application was filed, a follow-up application on the same line was also filed by accused Meeran Haider, Asif Iqbal Tanha and Athar. Once these applications were filed, accused Khalid Saifi, Faizan Khan, Ishrat Jahan, Sharjeel Imam, Safoora Zargar, Saleem Malik, Shifa-ur-Rehman, Shadab Ahamd and Gulfisha Fatima adopted the same arguments – which essentially means that they became party to the application without moving an application themselves. 

At that time, SPP Amit Prasad made his opposition to the application clear in the court of Justice Amitabh Rawat. He said that the status of the investigation as far as the accused or those who were not made accused was between the court and the prosecution. “In the name of the rights of accused, the applicants cannot give such an application. When a right is not given to the accused, in garb of that they cannot file such an application”, he submitted.

“These prayers are speculative and presumptive … These prayers go on the assumption that framing of charges attains finality,” he had said. “This frivolous application was filed on the day when arguments on charge were to begin. It was on 1:45 pm suddenly, when two accused opposed the hearing. They waited for a good 40 days. They made sure to wait till the time the prosecution opens the case. They disrupt the entire proceeding and then say they don’t want to delay the trial”, the SPP had argued.

What the SSP had essentially said was that the accused who moved the application seeking a status report of investigation waited 40 days before bringing up this point, which had no legal backing, to begin with. It was on the 5th of August that the judge had said that the arguments on charges would begin on a day-to-day basis. The arguments were to start on the 11th of September. Just as the argument was about to begin, these applications were moved in a bid to delay the hearing. In fact, while the judge had directed for day-to-day hearings from the 11th of September, Asif Iqbal Tanha moved his application on the 12th of September and Devangana and Natasha moved their application on the 14th of September. 

Thereafter, it was on the 18th of September that the very same application was filed by Meeran Haider. On the same date, the same application was also moved by Athar. 

It was also on the 18th that others had submitted that they adopt the same arguments. 

While these accused tried to delay hearings, Tahir and Umar wanted the day-to-day hearings to start. Now, this would peg an important question. Why were those out on bail trying to delay hearings for those who were still in jail? The petition by Umar’s co-accused is currently pending in the High Court. However, it is important to understand here that the co-accused of Umar Khalid, who are already out on bail, deliberately delayed the hearing on charges by filing this application in 2023. This is the petition that the sessions court has referred to in its order passed yesterday, denying bail to Umar Khalid, saying that the delay was caused by the accused persons and not by the prosecution – who was ready for the trial on charges to begin.

A detailed analysis of the conspiracy to delay the trial can be read here.

This, therefore, raises an important question as far as the deliberate delay in trial is concerned. Was there a legal strategy in place between Umar Khalid and the other co-accused who were out on bail? Was the strategy to delay trials by those out on bail so those who have been denied bail, like Umar Khalid, can then claim that they deserve bail on the ground that the trial was being delayed? From the order of the court and the chronology of the events, coupled with the media narrative and the arguments made by Umar Khalid in court, it is evident that the delay in hearing on charges is being delayed by the accused themselves, so those in jail can cite ‘delay in trial’ as a reason to demand bail, despite a prima facie case being made out against them.

Change in law

Judge Sameer Bajpai while rejecting Umar Khalid’s bail plea cited a ‘change in law’ as a probably ‘change in circumstances’ for the accused to withdraw SLP from the Supreme Court and approach the district court. The ‘Vernon vs. State of Maharashtra’ which was pronounced after the order of this Court and of the Hon’ble High Court, was cited repeatedly in the court by Trideep Pais, claiming that the judgement required the court to do a surface-level analysis of the probative value of the evidence – something which was not done by the predecessor sessions court and the High Court while rejecting Umar Khalid’s bail application. Pais had said in court that the Vernon judgement was passed after bail was denied to Umar Khalid and therefore, Judge Bajpai must again evaluate the evidence in the manner that the Supreme Court has spelt out in the Vernon case.

The judge said that the court can reevaluate the case if there is a change in law, however, that there indeed has been one needs to first be established by the court.

Breaking down the judgement and the portions cited by Umar Khalid, the court enumerated the tests in the Vernon case as follows:

  1. The court said that according to the Vernon judgement if the offences as alleged against the accused fall within chapters 4 and 6 of UAPA, the court must evaluate if there are reasonable grounds for believing that the accusations against the accused are prima facie true.
  2. It has to be ascertained if based on the material, the prosecution has made out reasonable grounds to persuade the court to be satisfied that the accusations are prima facie true.
  3. Further, after discussing another case, ‘Zahoor Ahmad Shah Watali’, the SC had said that the court would not satisfy the prima-facie test unless there is at least a surface analysis of the probative value of the evidence at the stage of examining the question of deciding the bail.

Citing another judgement, the court held that it is required to record a finding based on broad probabilities regarding the involvement of the accused in the commission of the alleged offence. Judge Bajpai concluded that simply because the Vernon judgement adds the phrase ‘surface analysis’, it does not mean that the law has changed and/or there are changes in circumstances.

The court further held that the predecessor sessions court and the High Court, both had conducted a surface analysis of the probative value of evidence even before the Vernon judgement had been passed and found that a prima facie true case had been made out against Umar Khalid.

“After analyzing the law, the Hon’ble High Court discussed the role of the applicant from paras 46 to 57 of the judgment. In between, the Hon’ble High Court also observed that the ld. trial court, while dismissing the first bail application of the applicant correctly analyzed and explained the facts of the case and thereafter, the Hon’ble High Court, specifically in paras 52 to 54 itself noted all the relevant facts against the applicant”, the court said.

An important observation made by the court was:

“The Hon’ble High Court analyzed the case against the applicant and finally concluded that allegations against the applicant are prima-facie true and that the embargo created by section 43D(5) of UAPA squarely applies against the applicant and the applicant does not deserve bail”, the court said.. It is clear that the Hon’ble High Court has minutely considered the role of the applicant and declined the relief as desired by him”.

The court, while dismissing the bail application of Umar Khalid, therefore concluded that “the order of this Court as passed on 24.03.2022 has attained finality and now, in no stretch of the imagination this court can make an analysis of the facts of the case as desired by the applicant and consider the relief as prayed by him”.

What had the High Court said while dismissing Umar Khalid bail application

The conclusions drawn by the High Court while dismissing the bail plea of Umar Khalid reinforced the fact that there was indeed a larger conspiracy at play, to be carried out while the then US President Donald Trump was in Delhi, targeting Hindus. This reinforcement in turn busts the narrative that the Left cabal was trying to peddle for two years about the violence being targeted specifically at the Muslim community, branding the anti-Hindu violence as an “anti-Muslim pogrom”. 

One of the operative portions of the conclusion drawn by the High Court was not only the fact that if the charges are taken at face value, there was a premeditated conspiracy for causing chakka-jam, which was a disrupting and destructive protest, unlike usual protests in the normal course of politics, but also the fact that the attack on police personnel by women protestors, followed by others, was proof of such a premeditated plan. The court says in this portion that such a premeditated act would be prima facie covered by the definition of “terrorist act”. 

Further, the High Court observed that while the defence claimed that there is no statement by any witness which could be termed as inculpatory against him, the fact is that in the conspiracy, different people were ascribed different roles to carry about and that several witnesses have named Umar Khalid and other accused persons indulging in open discussion about violence, riots, financing the violence and acquiring weapons. The court also said that the weapons used and the manner of attack indicate that the violence was pre-planned.

In Para 65 of the judgement, the High Court had made several important observations:

  1. The court categorically said that Umar Khalid’s name finds recurring mention from the beginning of the conspiracy till the culmination of the violence in February. 
  2. He was a member of the WhatsApp groups where violence and the conspiracy itself were being discussed, including the DPSG group. 
  3. He had referred to the visit of the President of the USA in his Amravati speech – it is a part of the conspiracy charge sheet that violence was planned to coincide with this day. 
  4. When the violence started, CDR shows that there was a flurry of calls to and from Umar Khalid and other co-accused. 
  5. Witness statements indicate the active participation of Umar Khalid in the protests. 
  6. These protests culminated in violent riots in February 2020, which began with choking roads and then violently attacking police personnel and random members of the public. 
  7. Firearms, stones, acid bottles etc were used. 
  8. These protests & riots prima facie seem to have been orchestrated at the conspiratorial meetings held from December 2019 to February 2020.

While saying that the court is not commenting on the merits of the case, the court had also said that for this bail application, the charges against Umar Khalid appear prima facie true.

A detailed analysis of the High Court order can be read here.

Major setback for Arvind Kejriwal: SC rejects interim bail extension plea, AAP supremo will have to surrender before jail authorities on June 2

OpIndia Staff
-
0
Major setback for Arvind Kejriwal: SC rejects interim bail extension plea, AAP supremo will have to surrender before jail authorities on June 2

On Tuesday, May 28, the Supreme Court turned down the out-on-bail AAP Chief Arvind Kejriwal’s plea for the extension of his interim bail in a money-laundering case linked to the Delhi liquor policy set to expire on June 1. The Delhi CM and AAP supremo had sought bail extension on medical grounds.

This decision came after the apex court had also refused an urgent hearing of his plea. During the hearing, the Supreme Court declared that Kejriwal’s request for an extension of interim bail was unrelated to the main case because a decision on the challenge to the arrest was already reserved.

Now, coming as a major setback, Kejriwal will have to surrender before jail authorities on June 2.

Notably, the Aam Aadmi Party (AAP) chief had got interim bail from Justices Sanjiv Khanna and Dipankar Datta on May 10 to allow him to campaign for the Lok Sabha polls and was asked to surrender to Tihar jail on June 2, a day after the last phase of the seven-phase poll concludes. Now as the day neared, Kejriwal moved the Delhi HC seeking a 7-day extension to his interim bail on medical grounds. 

Senior Advocate Abhishek Singhvi, representing the chief minister sought an extension to Kejriwal’s interim bail claiming he had to undertake various medical tests, including a PET-CT scan, due to his “sudden and unexplained weight loss along with elevated ketone levels,” which could be issues with kidney, severe cardiac condition or even cancer.

The chief minister said he will surrender before jail authorities on June 9 instead of June 2 in his fresh plea filed on May 26.

The apex court, however, while denying an urgent hearing, questioned Senior Advocate Abhishek Singhvi, as to why the Delhi CM’s plea for urgent listing was not mentioned when Justice Dipankar Datta, one of the judges of the main bench headed by Justice Sanjiv Khanna which had granted the interim bail to the chief minister, was sitting on the vacation bench.

The vacation bench said, “The matter is already heard, and the judgment is reserved.” It added that it would be appropriate if the Chief Justice of India took a call on the listing of the plea.

Arvind Kejriwal was arrested by the ED on March 21 after he ignored as many as 9 summons for questioning, and was lodged in Tihar jail. The Supreme Court granted him interim bail on 10th May so that he can campaign for the party during the ongoing Lok Sabha polls. He has been asked to return to jail by 2 May.

Pune Porsche crash: Accused teen’s father made 14 calls to doctor before son’s blood test, gave 3 lakh bribe to get blood sample replaced

OpIndia Staff
-
0
Pune Porsche crash: Accused teen’s father made 14 calls to doctor before son’s blood test, gave 3 lakh bribe to get blood sample replaced

Fresh revelations have been made in the Pune Porsche hit-and-run case, where a 17-year-old minor rammed his swanky Porsche into the two IT professionals, who were travelling on a bike, killing them on the spot in the early hours of May 19. The police have revealed that the accused teen’s father Vishal Agarwal made as many as 14 calls to Dr Ajay Taware, head of the Sassoon Hospital’s forensic medicine department within two hours before the blood sample collection of the minor.

The police said that the calls were probably made to discuss the ‘change of blood sample’.

Notably, on Monday, May 27, the Pune police Crime Branch arrested two doctors from Sasson Hospital on the charge of manipulating blood samples of the minor accused in the Pune Porsche hit and run case. The two doctors were identified as Dr Ajay Taware, head of Sassoon General Hospital’s forensic medicine department, and Dr Shrihari Halnor, the chief medical officer. The hospital peon, Atul Ghatkamble, who works under Dr Ajay Taware, was later arrested. They were remanded in police custody until May 30.

The hospital attendant is said to have accepted a bribe of Rs 3 lakh intended for the two senior doctors, who replaced the juvenile driver’s blood samples with that of another person who showed no traces of alcohol. The Rs 3 lakh cash was found on Monday by the Crime Branch of the Pune Police.

Meanwhile, the Maharashtra government has formed a three-member committee subsequent to the arrest of two doctors and a staff member from Sassoon General Hospital in Pune. 

The accused teenager’s father was arrested earlier and lodged in Yerawada Central Prison after he was granted judicial custody for 14 days.

After arresting the father, the Pune Crime branch on May 25 morning, also arrested SK Agarwal, the grandfather of the minor accused in the case. It may be recalled that the Pune teen’s grandfather’s link with the underworld had come to the fore earlier.

The accused grandfather and his father allegedly threatened Gangadhar, snatched his phone and forcibly kept him confined in their bungalow in an attempt to force him to take responsibility for the crime instead of his minor grandson.

‘Kejriwal must declare his successor, I.N.D.I.Alliance has too many conflicting interests’: Amit Shah slams Rahul Gandhi’s ‘Khata Khat’ lies and more in TV9 interview

OpIndia Staff
-
0
‘Kejriwal must declare his successor, I.N.D.I.Alliance has too many conflicting interests’: Amit Shah slams Rahul Gandhi’s ‘Khata Khat’ lies and more in TV9 interview

On Tuesday (28th May), Union Home Minister Amit Shah slammed Arvind Kejriwal who is out on conditional interim bail and has to surrender on 2nd June. Home Minister Shah stated that the AAP Supremo Kejriwal should reflect on why he is going to jail. He added that Kejriwal must declare his successor after he goes to jail.

In an exclusive interview with TV9 Bharatvarsh, Shah also slammed Rahul Gandhi over his misleading claims on Agniveer scheme stating that the Congress leader has a problem, he can’t read more than half a page. 

Amit Shah expressed confidence regarding the BJP forming the government and stated that Modi ji is going to become the Prime Minister for the third time. He said that the BJP-led NDA has crossed 310 seats by the fifth phase and at the end of the seventh phase, the NDA would certainly cross 400 seats. Regarding the target of 400 seats, he stressed the need for a stable government adding that India had unstable coalition governments for over 30 years and referred to it as a nightmare for the country as the nation lagged in development in that period. 

The Union Home Minister dismissed the opposition’s allegation that the BJP is seeking 400 seats for the alliance as it wants to crush the opposition parties and reminded them that Indira Gandhi jailed 1,30,000 political workers but it didn’t crush any party. 

Responding to Rahul Gandhi’s allegations that the BJP wants to finish the Congress, Shah said, “At one point in time, even the Congress had 400 seats. But the BJP was not finished. The BJP does not believe in finishing off anyone. We want to grow but this does not mean that we want to finish off anyone.” He noted that parties end only because leaders break their promises and indulge in corruption. 

Slamming Kejriwal, the Home Minister said, “But you committed corruption, you broke all the promises. Kejriwal formed the party by fighting against corruption. At first, he used to say that he will not enter politics, but then he said he will fight against corruption. Today, he is contesting elections alongside Congress. It is the same Congress against whose whom he spearheaded a campaign against corruption and fought and then came to power. It (parties) doesn’t end with allegations, it ends with breaking your promise.”

Regarding Delhi, Shah emphasised, “Mark my words, Bharatiya Janata Party (BJP) will win all the seven seats of Delhi. This even after both the parties joined hands.” 

Responding to Kejriwal’s charges that Swati Maliwal is in cahoots with the BJP, Shah said that the AAP leader’s election is over and he should raise some other issue.

In a scathing attack on the I.N.D.I. alliance, the senior BJP leader said that the alliance was formed not on the basis of principles but rather based on self-interest and selfish motives.

He said, “Look at the status of this alliance, West Bengal CM Mamata (Banerjee) ji is neither with Congress nor with the communists. All three are part of the I.N.D.I.A. bloc. Kejriwal in Gujarat, Haryana, Delhi is with Congress, and against Congress in Punjab. Congress and Communists are against each other in Kerala and are part of the alliance. I am unable to understand how and why this alliance exists.”

Lambasting AAP, the Home Minister stressed that corruption increased manifold in Punjab after the arrival of the Aam Aadmi Party. He said, “Whenever the Chief Minister of Delhi goes somewhere, he goes with the CM of Punjab. There is a perception among the people of Punjab that Arvind Kejriwal considers Punjab CM his pilot and travel agent.”

He slammed the opposition parties for raising questions on EVM and asserted why they don’t mention EVMs when they win. He said that when the opposition is losing, they start shouting about EVMs in advance. 

Taking a jibe at Rahul Gandhi’s ‘Khata Khat, Sata Sat’ remark, he said, “Congress had promised to give an allowance of Rs 1500 to women in Himachal. There was a promise to buy milk at Rs 100 per liter, but not a single work was completed. In Telangana also, all tall claims of Khatta Khat.. fall flat.”

In reply to Rahul Gandhi’s announcement on Agniveer that he will cancel it, Amit Shah said that his problem is that he cannot read more than half a page. The arrangement in Agniveer is that out of the 100 soldiers, 25 will be made permanent, and the rest will be given relaxation and other benefits in governments, police forces, etc. 

The Home Minister asserted that after the elections, both Akhilesh Yadav and Rahul Gandhi will go abroad. He said, “I have heard this, whenever it is hot here, these people do the same.” 

He reiterated the saffron party’s commitment of not allowing reservations on religious ground and categorically rejected opposition’s allegation that they will change constitution if they win more than 400 seats. 

He reiterated that Pok is an integral part of India adding that PoK should be the agenda of every government of India. Slamming Kashmir’s politicians, Shah said, “Whenever terrorism increased in Kashmir, Abdullahs used to go to England.” 

Regarding violence in Bengal, Amit Shah said that it is a matter of shame that women were exploited right under the nose of Chief Minister Mamata Banerjee. 

Regarding the claim that Mayawati is working for the BJP, Amit Shah stated that such allegations have been going on in elections. He emphasized that the ideology of Mayawati’s party does not align even remotely with that of the BJP. On the topic of the Uniform Civil Code (UCC), he said that it is a priority for the BJP, and any actions taken will be conducted in Parliament, not in public protests like those led by Kejriwal. Shah also mentioned that the Citizenship Amendment Act (CAA) has been implemented and people have begun receiving citizenship.

Arvind ‘Pinnochio’ Kejriwal lies yet again: Weaves a conspiracy story about Aatishi Marlena being arrested after she was summoned to court in defamation case

OpIndia Staff
-
0
Arvind ‘Pinnochio’ Kejriwal lies yet again: Weaves a conspiracy story about Aatishi Marlena being arrested after she was summoned to court in defamation case

After being released on bail in the Delhi Liquor scam case, AAP supremo Arvind Kejriwal is back to doing what he does best- lie blatantly. This time he has chosen his protégé Atishi Marlena for weaving a new conspiracy theory. The Aam Aadmi Party chief has taken to X to claim that Atishi Marlena is the next target of the Modi government and will be arrested next.

Kejriwal took off on his flight of fancy after Atishi Marlena was summoned by a city court in connection with a defamation case filed by the BJP over her poaching claim. Atishi has been asked to appear before the court on June 29. This case relates to allegations made by Atishi that the BJP attempted to bribe and poach AAP legislators.

Sharing a news clip posted by Bar and Bench on the court summon sent to Atishi Marlena in the defamation case, the out-on-bail AAP supremo predicted that Atishi will be arrested next. “I had said earlier that they will arrest Atishi next. They are planning to do so now. Complete dictatorship. In completely flimsy, frivolous and false cases, they are arresting ALL leaders of AAP one by one. Every single opposition leader will be arrested if Modi ji comes back to power. AAP is not imp. Saving our dear country from dictatorship is imp,” posted Kejriwal.

Kejriwal most likely needs to be made aware of the distinction between an arrest and a court summons. Arrests and court summonses are two legal tools that the judicial system uses, although they have different uses and go through separate processes. An arrest is when law enforcement detains a person based on probable cause that they have committed a crime. A court summons is an official notice issued by a court asking a person to appear at a specified time and place, usually in conjunction with a legal procedure.

Court summons Atishi Marlena in defamation case

Delhi Education Minister Atishi was summoned by Delhi Rouse Avenue Court on Tuesday, May 28, in response to a defamation suit filed by Delhi BJP Media chief Praveen Shankar Kapoor. The defamation case pertains to the allegations by Atishi that the Bhartiya Janta Party (BJP) was attempting to poach Aam Aadmi Party (AAP) MLAs. She has been asked by the court to appear on June 29.

Praveen Shankar Kapoor alleged that Atishi was making “false, fabricated, and manipulated statements” in the defamation lawsuit.”…with a malicious intent to damage the public perception of BJP and its employees.”

The complaint read, “By such kind of malicious/ scandalous statements, you and your colleagues defame BJP and its members and try to gain political mileage by use of the platform of press conferences to make such false statements knowing fully well that all social media platforms would carry such news as you are not only an MLA but a Minister in the govt of NCT of Delhi.”

‘Our fault’: Former Pakistan PM Nawaz Sharif refers to the Kargil war, admits Pak backstabbed India by violating the 1999 Lahore Agreement

ANI
-
0
‘Our fault’: Former Pakistan PM Nawaz Sharif refers to the Kargil war, admits Pak backstabbed India by violating the 1999 Lahore Agreement

Pakistan’s former Prime Minister Nawaz Sharif admitted on Tuesday that Islamabad ‘violated’ an agreement with India in 1999.

Sharif’s disclosure unfolded during a meeting of the PML-N general council, where he assumed the presidency of the ruling party, six years post his disqualification by the country’s Supreme Court.

“On May 28, 1998, Pakistan carried out five nuclear tests. After that Vajpayee Saheb came here and made an agreement with us. But we violated that agreement…it was our fault,” said Sharif.

The agreement mentioned by Sharif was the “Lahore Declaration,” which he and then-Indian Prime Minister Atal Bihari Vajpayee signed on February 21, 1999, with the goal of fostering peace and stability between India and Pakistan. However, shortly after the signing, Pakistani troops infiltrated the Kargil district in Jammu and Kashmir, leading to the Kargil War.

During the PML-N general council meeting, Sharif asserted that he conducted nuclear tests despite facing pressure from the United States and subtly criticised former Prime Minister Imran Khan.

“President Bill Clinton had offered Pakistan USD 5 billion to stop it from carrying out nuclear tests but I refused. Had (former prime minister) Imran Khan like a person been on my seat he would have accepted Clinton’s offer,” Sharif said on a day when Pakistan marked the 26th anniversary of its first nuclear tests.

Sharif asserted that former ISI chief Gen Zahirul Islam had a hand in orchestrating the downfall of his government in 2017 to facilitate Imran Khan’s rise to power.

“I ask Imran not to blame us (of being patronised by the army) and tell whether Gen Islam had talked about bringing the PTI into power,” Sharif said and added Khan would sit at the feet of the military establishment.

Sharif also alleged that the former Chief Justice of Pakistan, Saqib Nisar, ousted him from the Prime Minister’s office in 2017 on a false case.

1...1,0171,0181,019...7,614Page 1,018 of 7,614