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Read what advocate Vishnu Jain put forward as reasons to remove “Socialist” and “Secular” from Preamble of Constitution, which Supreme Court didn’t have time to hear about

Paurush Gupta
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Read what advocate Vishnu Jain put forward as reasons to remove “Socialist” and “Secular” from Preamble of Constitution, which Supreme Court didn’t have time to hear about

On Monday (29th April), the Supreme Court of India adjourned the Public Interest Litigation (PIL) seeking the deletion of the words “socialist” and “secular” from the Preamble to the Indian Constitution. After brief arguments, the Court adjourned the matter to July citing “too many matters and heavy board for the day”.

Notably, the petitions have been filed by Rajya Sabha MP Subramanian Swamy and SC advocate Vishnu Shankar Jain. While Rajya Sabha MP and CPI leader Binoy Viswam had approached the court to oppose the plea.

The matter is being heard by a two-judge bench comprising Justices Sanjiv Khanna and Dipankar Datta. As soon as the today’s hearing began, one of the counsels observed that this is a ‘Constitutional question’. Responding to Subramanian Swamy, Justice Khanna deferred the matter to July, that is, after the court’s summer vacations. 

The counsel suggested to the court that the bench could pose questions so that the petitioners could provide answers on record.

However, Justice Khanna noted that the court had a “very heavy board today” and consequently adjourned the matter. 

After the court hearing, one of the petitioners in the case, Vishnu Jain tweeted, “Today the SC heard the matter werein i have challenged the word secular and socialist appearing in the preamble of the constitution of india. The court has listed the matter in July.” 

The PILs have created a strong buzz on social media with many netizens advocating in favour of these petitions highlighting that the terms ‘Socialist’ and ‘Secular’ were added via the 42nd constitutional amendment, during the infamous Emergency period.

Meanwhile, during the last hearing in February 2024, the top court raised a query asking whether the Preamble of the Constitution could be amended while keeping the date of adoption, 26th November 1949, intact. 

Justice Datta said, “For the academic purpose, can a Preamble that has the date mentioned, be changed without altering the date of adoption. Otherwise, yes the Preamble can be amended. There is no problem with that.”

Responding to the court’s observation, Swamy replied, “That’s precisely the question in the matter.” 

Justice Datta further stated, “This is perhaps the only Preamble I have seen which comes with a date. We give this Constitution to us on so and so date … originally these two words (Socialist and Secular) were not there.” 

Vishnu Jain argued that the Preamble of Constitution of India comes with a specific date, therefore it cannot be amended without discussion.

Swamy in his petition had said that the two words, inserted in the Preamble through the 42nd Constitution Amendment Act of 1976 during the Emergency, violated the basic structure doctrine enunciated in the famous Kesavananda Bharati judgment by the 13-judge bench in 1973, by which Parliament’s power to amend the Constitution was barred from tinkering with the basic features of the Constitution.

Swamy had contended, “The framers of the Constitution had specifically rejected the inclusion of these two words in the Constitution and alleged that these two words were thrust upon the citizens even when the framers never had intended to introduce socialist and secular concepts in democratic governance.” 

It is argued that such insertion was beyond the amending power of the Parliament under Article 368.

Rajya Sabha MP and the CPI leader Binoy Viswam had also approached the Supreme Court to oppose the pleas claiming that ‘secularism and socialism’ are inherent and basic features of the Constitution.

In February, the court had adjourned the hearing until 29th April, but as soon as the bench assembled today to hear the pleas, it once again adjourned the matter to the next hearing in July.

Assam Congress war room coordinator Reetam Singh arrested for posting fake video of Union Minister Amit Shah

OpIndia Staff
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Assam Congress war room coordinator Reetam Singh arrested for posting fake video of Union Minister Amit Shah

On Monday (29th April), Assam Congress’s “war room coordinator” Reetam Singh was arrested in connection with a fake video of Union Home Minister Amit Shah.

Taking to X, Assam Chief Minister Himanta Biswa Sarma informed about Singh’s arrest as he wrote, “Assam police have arrested an individual named Sri Reetom Singh in connection with the fake video involving Honorable Home Minister Sri @Amit Shah.”

An X account named “Voice of Assam” was the first to report Singh’s arrest.  Meanwhile, OpIndia also received confirmation of the same from the Commissioner of Assam Police.

A complaint was filed by a person identified as Dipak Kr Das at the Panbazar Police Station under case no. 93/24 u/s 153A/171G/505(1)(b) IPC r/w sec 66F IT Act. The police seized two mobile phones and a personal laptop from Singh’s possession.

“Based on the complaint regarding circulation of a distorted and motivated Tweet on the Union Home Minister, a case vide Panbazar ps case no. 93/24 u/s 153A/171G/505(1)(b) IPC r/w sec 66F IT Act was registered and during investigation one Reetam Singh (31 y) S/o Balwant Singh R/o Flat no: 3B, Prokash Enclave, House number 9, Harbala Path, Ulubari has been arrested today (29.04.24) and 2 mobile phones and 1 personal Laptop have been seized from his possession. Further investigation is being carried out,” Assam Police said.

Notably, Reetam Singh’s arrest came after he had posted a doctored video of Union Home Minister Amit Shah and claimed that the BJP if voted to power will end reservations for SC, ST and OBCs in India.

“BJP will end SC-ST-OBC reservation in India if it comes to power. This is pure brahmanical hegemony and death to Ambedkar’s Constitution. Just like they want to give all of India’s wealth to 1% Ambanis and Adanis. They want to give all seats & jobs to 3% Brahmins. His words,” the Assam Congress’s War Room Coordinator posted on 27th April.

However, as OpIndia reported earlier, the video in question was doctored and contrary to the disinformation being peddled by accused Reetam Singh, Minister Shah had on 27th April said in Telangana: “I want to say this if the BJP forms a government then this unconstitutional Muslim reservation will be abolished. These rights belong to SC, ST and OBC and it will be given to them by abolishing Muslim reservation.”

On 28th April, Singh instructed people to criticise the BJP government, PM Modi, Home Minister Amit Shah, Assam CM Himanta Biswa Sarma and other BJP leaders, while ‘assuring’ that a team of reputed Senior Lawyers & Legal Professionals across Assam & India will ensure that they are not arrested. The Congress member also used derogatory words against the prime minister in the said post.

Notably, Reetam Singh is notorious for making threatening and abusive posts against the BJP and its supporters on social media. In a recent X post, Singh wanted to send all social media users supportive of the BJP to be jailed within two months. Ironically, Singh wanted to take revenge and jail “Modi & company”, however, he himself ended up getting arrested for the very same allegations he levelled on ‘right-wing accounts’.

“If you want to see Modi & Company in Jail in exactly 2 months. You need to do the right thing by voting against BJP. Make a list of all Right Wing Accounts. Their fake news peddlers, are all propagandists. Make a comprehensive list. Sabka hisab liya jayega! Sabse badla liya jayega!” Singh posted.

In addition to hating ‘right-wing’ and BJP supporters, Reetam Singh also harbours abhorrence for Brahmins. In an X post demonstrating his Brahmin hatred, Singh wanted 50% reservations for Brahmins specifically in ‘low grade’ jobs like cleaners, peons etc as a measure to restore balance against caste antagonism and prejudices. As if this absurdity was not enough, Singh had also suggested that only those temples, churches and mosques should enjoy tax benefits that make 50% of priests, clergy and maulvis from Dalit communities.

“Only way to restore balances against caste antagonism & prejudices is by making sure 50% reservation of #Brahmins in low grade jobs as Sweepers, Cleaners, Peons, Safaiwalas etc. Only when Brahmins are made to do jobs Dalits were forced upon. Justice will be seen to be done! Brahmins feel they are punished by the reservation system. That they are paying for the crimes of their forefathers in the past. Fair enough, let’s create a level playing field by giving maximum jobs to Brahmins in positions which were traditionally occupied by Dalits and other backward castes. And looked down upon. And ask them to come up social ladder from there like Dalits are made today. Then the Brahmins will understand why reservation is important. Lets make sure that a Temple/Church/Mosque shall enjoy tax benefits only if they make the Priests/Clergy/Maulvi 50% from Dalit community. Dalits should have access to be the Mediator with God. Not some entitled Brahmin,” one of Singh’s posts read.

Reetam Singh’s role in the 2019 anti-CAA protests

Reetam Singh, who was the National RTI Cell Coordinator of Congress’s student wing NSUI in 2019 had partaken in the sinister anti-CAA protests. Singh was involved in the planning of the politically motivated protests. As OpIndia reported back then, Singh had suggested using women as the “first line of defence” to ensure that the ‘students’ are safe. “Police would never touch them,” he said.

Screenshot from the WhatsApp Group

In another message back then, Reetam Singh asked people to “learn from the protests in Assam” over clause 6 of the Assam Accord and asked that NSUI affiliation not be brought up during the anti-CAA protests. Moreover, Singh had also suggested a Hong Kong-style flash mob strategy for the ‘second phase’ of the anti-CAA protests.

Jharkhand MGNREGA scam: SC rejects bail plea of suspended IAS officer Pooja Singhal, ED had found Rs 36 crores in cash from premises linked to her

ANI
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Jharkhand MGNREGA scam: SC rejects bail plea of suspended IAS officer Pooja Singhal, ED had found Rs 36 crores in cash from premises linked to her

  The Supreme Court on Monday dismissed a plea of suspended Jharkhand cadre IAS officer Pooja Singhal seeking bail in a money laundering case linked to the alleged embezzlement of MGNREGA funds and other charges.

A bench of Justices Sanjiv Khanna and Dipankar Datta declined the bail plea saying it’s an “extraordinary case”.

The apex court refused to interfere with the Jharkhand High Court order which had denied her bail.

The bench took into note that out of 17 prosecution witnesses, 12 have been examined by the Enforcement Directorate (ED) and hoped that the trial in the case be concluded expeditiously.

“You wait for some more time for bail. This is not a normal matter but an extraordinary case. There is something seriously wrong in this case. We are not inclined to entertain the instant petition. We hope the trial will be concluded expeditiously,” said the bench.

It also gave liberty to Singhal to revive her bail plea, if the trial is prolonged or if is there any other change in circumstance.

ED opposed the bail plea of Singhal saying that out of the total custody period, she has spent most of the time in a hospital at Ranchi.

On February 10, 2023, the top court granted interim bail of two months to Singhal who sought interim bail to look after her daughter who is ill.

She has been in custody since May 11, 2022 after raids were conducted at properties linked to her in connection with the money laundering case.

The top court was hearing an appeal filed by Singhal, a Jharkhand cadre Indian Administrative Service (IAS) officer, against the Jharkhand High Court order dismissing her bail plea.

The Enforcement Directorate has accused Singhal of money laundering saying more than Rs. 36 crore cash, linked to alleged illegal mining, was seized by its teams as part of two separate money laundering investigations.

Apart from the 2000-batch IAS officer, her businessman husband, a chartered accountant associated with the couple and others were also raided by the ED as part of a money laundering probe linked to a case of alleged corruption in the MGNREGA scheme.

Singhal was arrested after the ED claimed it had credible evidence of her connection with CA Suman Kumar. Singhal was the secretary of the Department of Mines and Geology and the managing director of Jharkhand State Mineral Development Corporation Limited (JSMDC).

(This news report is published from a syndicated feed. Except for the headline, the content has not been written or edited by OpIndia staff)

Delhi Police summons Congress CM from Telangana, Revanth Reddy, in Amit Shah fake video case

ANI
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Delhi Police summons Congress CM from Telangana, Revanth Reddy, in Amit Shah fake video case

The Delhi Police has summoned Telangana Chief Minister Revanth Reddy in connection with Union Home Minister Amit Shah’s fake video case, sources said on Monday.

The Congress leader has been asked to appear before Delhi Police’s IFSO unit (Cyber Unit) on May 1 with his mobile phone.

The Telangana CM has been asked to appear with his mobile phone, allegedly used for posting the fake video on X (formerly Twitter).

This comes after the Delhi Police registered a case on Sunday following a complaint by the Ministry of Home Affairs in connection with the doctored videos of Union Home Minister Amit Shah being circulated on social media platforms.

Further details are awaited. 

(This news report is published from a syndicated feed. Except for the headline, the content has not been written or edited by OpIndia staff)

Should ex-Muslims continue to be governed by Sharia law? CJI Chandrachud to hear petition by ex-Muslim Kerala woman: Here is what the case is about

OpIndia Staff
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Should ex-Muslims continue to be governed by Sharia law? CJI Chandrachud to hear petition by ex-Muslim Kerala woman: Here is what the case is about

On Monday (29th April), the Supreme Court of India issued notices to State and Union governments while hearing a writ petition seeking a declaration that a person who was born a Muslim, but ceased to be a believer, would not be governed by the Shariat law. After elaborate arguments, the bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala, and Manoj Misra issued notices on the petition, terming it an “important issue.” 

The bench also requested the Attorney General for India to nominate a law officer who can assist the Court. The next hearing in this case will take place in the second week of July 2024. 

The writ petition has been filed by a Kerala-based woman, Safiya PM who is the general secretary of an organisation of ex-Muslims of Kerala. In her plea, Safiya seeks a “declaration that persons who do not want to be governed by the Muslim Personal Law must be allowed to be governed by the secular law of the country, viz, the Indian Succession Act, 1925 both in the case of intestate and testamentary succession”.

Initially, the bench was reluctant to entertain the petition as well as regarding the argument that a non-believer wouldn’t be governed by the Shariat Act. 

Responding to the petitioner’s counsel Advocate Prashant Padmanabhan, CJI Chandrachud said, “The moment you are born as Muslim you are governed by the personal law. Your rights or entitlement are not governed by being a believer or non-believer.” 

The bench also questioned how the Court could issue a declaration regarding the non-applicability of personal law to a person under Article 32 of the Constitution when the petitioner has not challenged any statutory provision.

During the arguments, the CJI highlighted the provisions of Section 3 of the Muslim Personal Law (Shariat) Application Act, 1937. He pointed out that a person will not be governed by the Act unless they specifically make a declaration, under this section, to be governed by the Act.

The CJI noted, “You don’t have to seek that declaration. Because Section 3 of the Shariat Act says that unless you make a declaration, you will not be governed by the provisions of the personal law in the matter of wills, adoptions, and legacies. So if you don’t make a declaration, your father doesn’t make a declaration, they are not governed by the personal law.” 

However, the court noted that there was a problem as a void existed for such scenarios as Section 58 of the Indian Succession Act makes a specific declaration that the Succession Act will not apply to Muslims. Nonetheless, the bench noted that the petitioner had not challenged Section 58 of the Indian Succession Act.

Highlighting that a legal void exists in such scenarios, CJI D Y Chandrachud ruled, “There is a problem. Because if you don’t have a declaration, there is still a void because the secular law doesn’t apply. When we started reading it, we said what kind of a petition is this. Now that you have got into it…it’s an important point. We will issue a notice.”

Arguments of the petitioners following which the Court agreed to issue notices

The plea said the petitioner, “a born Muslim woman to a non-practicing Muslim father, who has not officially left the religion, is facing the peculiar problem in protecting her precious civil rights”. 

Petitioner’s counsel, Padmanabhan submitted that according to personal law, a Muslim person cannot leave more than 1/3rd of his properties by way of Will to his daughter. He pointed out that the petitioner’s father is also not a believer. The counsel further submitted that Muslim women are entitled to only 1/3rd of the share of male heirs.

According to the plea, her father can only leave her one-third of the property and the rest of the two-thirds will go to her brother who was suffering from Down’s syndrome. The plea added that the petitioner had a daughter. But after her death, the entire property would not be passed to her daughter because her father’s brothers would also get a claim.

The plea has relied on the SC’s Sabarimala judgement in which the court observed that the fundamental Right to Religion under Article 25 of the Constitution of India, must include the right to believe or not to believe. 

The plea said, “To have meaning for that Right, the person who leaves her faith should not incur any disability or a disqualification in matters of inheritance or other important civil Rights.” 

Regarding the court’s observation that the petitioner had not challenged any statutory provision, Padmanabhan replied that Section 58 is under examination in another petition filed by the Quran Sunnath Society. The counsel added that the petitioner in this case has also intervened in that petition. Following the counsel’s assertion, the bench agreed to consider the matter. 

Meanwhile, the counsel also submitted that he would raise the grounds regarding Section 58 after which the bench granted liberty to amend the petition.

MP: Hindu girl found hanging in a hotel room in Pithampur, Junaid Khan who had checked in with her arrested

OpIndia Staff
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MP: Hindu girl found hanging in a hotel room in Pithampur, Junaid Khan who had checked in with her arrested

A shocking incident has come to light from Indore, Madhya Pradesh where a girl was found dead in mysterious circumstances. Her body was found hanging in the room of Hotel Vatika located in Pithampur Sector One on Sunday afternoon (28th April). As per reports, a man named Junaid Khan is accused of taking the girl to the hotel and soon after he left the hotel, the body of the girl was found hanging in the hotel room. Following the incident, Police have apprehended Junaid in this matter.  

After fearing something suspicious, the Hotel management called the police and a Police team rushed to the spot. As per reports, it is being said that the room was locked from the inside. As per the information received, when head constable Suraj Tiwari opened the door, he found the girl hanging. Some graphic videos of the incident have surfaced on social media in which some hotel staffers could be heard saying that the boy hanged the girl after killing her. The staff also expressed displeasure over the observation that the room was locked from inside stating, “What are you talking about?”

It was later revealed that the girl was a resident of Mahugaon. The police investigation also revealed that the victim came to the hotel with a man named Junaid Khan. The Police have taken him into custody and are investigating the matter. 

They have sent the dead body for post-mortem. After the news of the incident spread in the region, officials of several Hindu organisations also reached the spot. They have demanded that a case of murder be registered against the youth.

Police station in-charge Santosh Dudhi said that the youth has been arrested. The girl’s body has been sent for post-mortem. The situation will become clear only after the report comes. The matter is being investigated by the police.

Meanwhile, the unfortunate incident has sparked outrage with many netizens describing it as a case of Love Jihad and urging young girls and boys to be careful of such incidents which have been on the rise in the past several years. 

A few days earlier, on 20th April, a woman identified as Bulbul working at a beauty parlour in Rajasthan’s Churu district died in unusual circumstances. The woman’s body was found hanging in the beauty parlour. In that case, Arshad, Wahid, Muzaffar, and Amjad were accused of abetting the victim to commit suicide. 

According to reports, the incident transpired at the Hotel Sun City in Churu wherein Bulbul Rakshak, a 24-year-old resident of Ward 27, had worked in a beauty parlour. Like every day, Bulbul departed home for work on Saturday, however, as she did not return in the evening, her family began searching for her. Finally, Bulbul’s lifeless body was found hanging inside the beauty parlour. Subsequently, the Police registered a case and sent the body for a post-mortem.

The deceased victim’s family members claimed that when they attempted to enter the hotel in search of Bulbul, hotel operators Arshad, Wahid, and Muzaffar stopped them. However, the victim’s uncle pushed everyone aside as he entered the hotel where Bulbul’s body was hanging. The deceased’s uncle also alleged that when he saw Bulbul’s body, he noticed injuries on the neck and hands. The victim’s family had accused Arshad, Wahid, Amjad, and Muzaffar of causing Bulbul’s death.

Hindu woman beaten, raped, forced to convert to Islam after she refused ‘proposal’, Mohsin Sheikh arrested, family booked: Horrific details from Mira Road, Mumbai

Siddhi Somani
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Hindu woman beaten, raped, forced to convert to Islam after she refused ‘proposal’, Mohsin Sheikh arrested, family booked: Horrific details from Mira Road, Mumbai

On Friday (26th April), a case of a religiously motivated hate crime against a Hindu woman was reported from Nayanagar Police Station in the Mira Road area, Mumbai. The accused person identified as Mohsin Sheikh forced her to convert her religion to Islam after she had refused his ‘proposal’ for marriage. He also fed her some inebriated substance and raped her several times. The police arrested the accused on Sunday (28th April).

The accused along with his family members identified as Imran Bagwan, Jafar Sheikh, Mobin Sheikh, Ashfaq Sheikh and Shahjaan Sheikh who physically assaulted the girl have been booked under sections 420, 376(2)(n), 313, 354, 323, 504, 506, 34 and 328 of the Indian Penal Code, 1860.

As per the FIR copy obtained by OpIndia, the primary accused Mohsin Sheikh met the victim during the festival of Ganeshotsav in the year 2023 and developed a friendship with her. After a few days of normal interaction, he proposed to the girl saying that he loved her and that he wanted to spend his life with her. But the victim rejected his proposal and confirmed that she was just interested in keeping the friendship, if any.

The accused pretended to understand the point of view of the victim and agreed to be friends with her. However, he arrived at her home one day and fed her with Biryani which contained some toxic substance in it. “I thought he was offering me because we were friends. But his intentions were not good. He fed me Biryani. After that, I began feeling dizzy and after some time I zoned out. On waking after a few hours, I saw myself in a bedroom with no clothes on my body. I was raped,” the girl said in the FIR.

The accused later told the victim that he intended to marry her given she was ready to convert her religion to Islam. “He told me that he wanted me to get converted to Islam and wear a burqa and behave like Muslims. But I denied and burned the burqa,” the victim said.

FIR copy obtained by Opindia

She further mentioned that the accused had shot derogatory videos of her body parts and began blackmailing her for further sexual favours. “He kept on sexually exploiting me for several months and threatened me viral those videos if I failed to agree to what he said,” the girl added.

She further added that the accused also took her forcefully to some Masjid and often used to give her some liquid to drink. He used to hit the girl if she refused to agree with him. The accused is also said to have looted the girl for Rs 120000 and gold worth around Rs 160000.

In March this year, the accused called the girl forcefully to a lodge and again sexually assaulted her. He forced the woman to accept Islam as her new religion and get married to him. On rejecting, he brutally assaulted her and shaved her head bald. On complaining to the nearby Police station, his family members said that the accused was ready to marry the woman. However, later the family members of the accused physically assaulted her and hit her in her stomach.

The girl then immediately called the police for help and later filed a police complaint at Nayanagar police station.

The complaint has been filed against Mohsin Sheikh, Imran Bagwan, Jafar Sheikh, Mobin Sheikh, Ashfaq Sheikh and Shahjaan Sheikh under sections 420, 376(2)(n), 313, 354, 323, 504, 506, 34 and 328 of the Indian Penal Code, 1860. Mohsin has been arrested and as per the girl, he has confessed that he had kept relations with the girl only to fulfill his sexual desires. Further investigations are underway.

Muslim youths assault, brandish pistol at a Hindu professor in Shibhi college claiming ‘Bhagwa love trap’ over a maliciously shot video which was made viral: Details

OpIndia Staff
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Muslim youths assault, brandish pistol at a Hindu professor in Shibhi college claiming ‘Bhagwa love trap’ over a maliciously shot video which was made viral: Details

In Uttar Pradesh’s Azamgarh district, a professor of Shibli PG College was assaulted and threatened on 24th April while brandishing a pistol by a Muslim mob alleging a ‘Bhagwa love trap’. The accused also tried to incite religious sentiments by making a video of the incident viral online. The police have arrested one Osama after registering a case against four to five accused persons based on a complaint lodged by Shibli College’s principal. The victim has been identified as Ashutosh Maheshwari.

Reports say that after the farewell party, when Assistant Professor Ashutosh Maheshwari walked out the college girls and boys followed him. Ashutosh Maheshwari was walking in front, with the girls following him. At this time, some people took photos and videos and circulated them on social media with the caption, “Save the college from becoming a gang and Bhagwa love trap.”

The incident unfolded on 24th April after the farewell party in the Sociology Department of Shibli College. Four to five persons thrashed Ashutosh Maheshwari, including Simnam from Dugdugwa and Osama from Bajbahadur. When the Head of the Department Professor Noman Ahmed and senior spokesperson Dr. Meesam Abbas arrived, the the accused persons destroyed several government documents for the department and fled with some crucial documents.

Following the incident, Shibli College’s principal submitted a complaint to the police. Based on the complaint, the police registered a case under sections 323, 504, 506, 353 and 427 of the IPC against two identified and four to five unidentified accused. Meanwhile, City SP Shailendra Lal said that the police are investigating who uploaded the said video online.

Notably, the Bhagwa love trap is a conspiracy theory peddled by Islamists who claim that Hindu men are trapping Muslim women. There have been several cases where a group of Islamists chased Hindu men travelling with their Muslim female friends and assaulted them.

‘How can a govt protect individual interest?’: SC pulls up Bengal government for their plea challenging CBI probe in Sandeshkhali case

OpIndia Staff
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‘How can a govt protect individual interest?’: SC pulls up Bengal government for their plea challenging CBI probe in Sandeshkhali case

On Monday (29th April), the Supreme Court of India pulled up the West Bengal government for opposing the CBI investigation into the Sandeshkhali issue. Criticising the government’s stance, the bench asked how can a state government approach the top court to protect the interests of an individual.

Additionally, the bench comprising Justices BR Gavai and Sandeep Mehta also refused to issue any stay on the High Court’s order that directed a CBI probe in this matter. The top court has also adjourned the matter and it will hear the case when it resumes after the summer holidays in July. 

Notably, the West Bengal government has filed a Special Leave Petition (SLP) against the Calcutta High Court’s judgment that directed the CBI to investigate the allegations of land-grabbing and sexual assault in Sandeshkhali.

The bench adjourned the matter at the request of Senior Advocate Abhishek Manu Singhvi, the counsel for the West Bengal government. He had requested the bench to take up the matter after a couple of weeks. He argued that there was some very important information that could not be collected to be filed with the present SLP.

While the bench expressed reservations about adjourning the matter, it accepted his request only after taking his statement on record that “the pendency of this petition will not be used as a ground for any purposes.” 

Following the pronouncement of the order, Justice Gavai could be heard saying, “Why should the State come as a petitioner for protecting the interest of some private (individual)?” 

The Court order states, “The learned senior counsel for the petitioner seeks an adjournment after one week. The matter is adjourned after vacation. We, however, record the statement of Mr. Singhvi that the pendency of this petition will not be used as a ground for any purposes.”

TMC govt is opposing a CBI investigation into Sandeshkhali issue

Former Trinamool leader Sheikh Shahjanah is the key accused in this case pertaining to allegations of land grabbing and sexual assault by the locals of Sandeshkhali. 

In its SLP, the Mamata Banerjee-led TMC government claimed that the High Court’s order dated 10th April “demoralised the entire state machinery”, including the police force. 

The plea had argued, “The high court in a very generic order directed the State to provide the required support to the CBI without any guidelines, which amounts to usurping the powers of the state police to investigate any cognisable offence in the Sandeshkhali area, even if the same is not related to the allegations levelled by the PIL petitioners.” 

On 10th April, the Calcutta High Court ordered the CBI to file a comprehensive report on the alleged illegal conversion of agricultural land into water bodies as well as investigate allegations of crimes against women and land grabbing. The agency was asked to submit a comprehensive report before the next hearing on 2nd May.

While directing a court-monitored CBI probe in the Sandeshkhali incident, the High Court noted, “Therefore, this court is of the considered opinion that it is necessary in the interest of justice and fair play and for expeditious consideration of the various complaints and allegations an impartial enquiry is required to be conducted. The state has to provide the required support to the said agency to be appointed by us to enquire into the matter.”

Before the order, the CBI was already probing the 5th January attack on Enforcement Directorate officials in Sandeshkhali.  

US: 54-year-old man rapes a 14-year-old girl multiple times, sentenced to 50 years in jail and physical castration

OpIndia Staff
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US: 54-year-old man rapes a 14-year-old girl multiple times, sentenced to 50 years in jail and physical castration

A 54-year-old man has been sentenced to 50 years in jail and physical castration in Louisiana, USA, after he pleaded guilty to raping a 14-year-old girl multiple times.

On the 17th of April, Glenn Sullivan, Sr. from Springfield, pleaded guilty to four charges of second-degree rape. Judge William Dykes sentenced Sullivan to 50 years in jail and ordered his physical castration, as part of his plea agreement with prosecutors, District Attorney Scott Perrilloux said in a statement.

The police launched an investigation into the case in July 2022, after the victim informed the Livingston Parish Sheriff’s Office that Sullivan had abused her many times when she was 14. The accused had impregnated her and a DNA test determined that Sullivan was the child’s father. Sullivan had also groomed the victim and intimidated her and her family to keep her from speaking up.

“So many of these types of cases go unreported because of fear. The strength it must have taken for this young woman to tell the truth in the face of threats and adversity is truly incredible,” Perrilloux said.

Meanwhile, Assistant District Attorney Brad J. Cascio, who prosecuted the case said, “Sex crimes against juveniles are the most malicious crimes we prosecute. I intend on using every tool the legislature is willing to give us, including physical castration, to seek justice for the children in our community.”

Pointing out Sullivan’s criminal history and the severity of the case, Cascio said, “I want to say I’ve had three people ordered to be chemically castrated but, to my knowledge, this is the first physical castration to be ordered. I felt that this case was a strong enough case and warranted such action.”

Notably, men convicted of certain rape offences in Louisiana may face chemical castration or, if they prefer, surgical removal of their testicles under a statute that has been in place since 2008. Sullivan allegedly chose the latter alternative.

According to the statute, the state’s Department of Corrections will carry out the process, which, however, cannot take place more than a week before a person’s prison sentence ends. This means that Sullivan would not be castrated until a week before the end of his 50-year sentence when he would be over 100 years old.

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