Home Blog Page 1942

Ahmednagar Ground Report: Twin incidents of harassment of Hindu women in Rahuri, shortly after Love Jihad racket exposed in same area

Siddhi Somani
-
0
Ahmednagar Ground Report: Twin incidents of harassment of Hindu women in Rahuri, shortly after Love Jihad racket exposed in same area

Days after the horrifying case of Love Jihad from Umbre village of Ahmednagar district came to the fore, two more cases of harassment and intimidation by minority community members emerged from the Rahuri region of the district escalating the tensions in the city.

The Ahmednagar Police, on August 4, arrested the accused identified as Shahnawaz Asif Sheikh for abusing, threatening, and molesting a minor Hindu girl in the Wambori region of Rahuri Taluka of Ahmednagar district. The girl was threatened by the accused and her photograph was inappropriately used by him to blackmail her to be in a physical relation with him.

The police have arrested the accused under sections 354, 354D, 506 of the Indian Penal Code, section 3(1)(r), 3(1)(w)(i) of the SC/ST Act, and sections 8 and 12 of the POCSO Act.

As per the FIR copy obtained by OpIndia, the minor victim girl is a resident of the Wambori region of Rahuri and was studying at a local school. She was being harassed by the accused who owns a vegetable/fruit stall in the main market area of Wambori.

FIR copy obtained by OpIndia

Victim girl talked to OpIndia, confirmed Shahnawaz forcefully kissed and blackmailed her

The victim girl narrated the incident to OpIndia in which she said, “I used to go to the market to buy vegetables very often. Shahnawaz had introduced himself to me as Shahrukh Sheikh who is his elder brother. Shahnawaz used to stare at me and intended to establish a friendship with me. I refused but he continued to insist for months.”

“One day he forcefully held my hand and pushed me on the nearby cart. He then forcefully kissed me on my cheek and clicked a selfie while he did that. I pushed him away and ran away from the market as I felt ashamed, guilty, and scared”, the victim added.

The victim further said, “Later, he used that image to blackmail me to be in a relationship with him. I refused several times but he didn’t stop. He wanted me to respond the way he wanted and run away with him. He threatened me frequently to meet him. He also gifted me a wristwatch and threatened me to accept it and wear it daily. He abused my caste saying that we were lower community people and deserved nothing. This is after I accidentally damaged the watch that he gave me.”

Complaint copy obtained by OpIndia

“That day he threatened to make that derogatory photo viral in the village and called me behind a factory in Wambori. He proposed to me. He asked me whether I had my Adhaar card. Later he proposed to marry and run away with him. I refused and then told my parents about it after reaching home. I was too scared,” the girl added.

She also added that the accused identified as Shahnawaz would visit her locality and walk outside her house to intimidate her. The victim girl also said that the boy would threaten and ask her to cover her face while stepping out of the house. “The boy has now been arrested but I am too scared to even go out of the house,” the minor said.

Rahim Munna Sheikh and wife assaulted 19-year-old Hindu woman, tore her clothes, beat her brother

In another case registered on the same day, an FIR against Rahim Munna Sheikh and Arbina Rahim Sheikh was filed for assaulting a 19-year-old Hindu girl and her brother in the Momin Akhada region of Rahuri. The victim girl was molested and also her clothes were torn after being threatened by the accused.

The police have arrested the accused and have booked them under sections 354 (Assault or criminal force to woman with intent to outrage her modesty), 323 (Punishment for voluntarily causing hurt), 504 (punishment for insulting someone intentionally to provoke them), 506 (criminal intimidation) and 427 of the Indian Penal Code, 1860.

As per the FIR copy, the incident is said to have happened on August 3 at around 8 pm. “The duo came into the Momin Akhada region and began assaulting my brother for no reason. When I and my sister-in-law tried to save him, Rahim Sheikh and his wife abused me and also assaulted me. They tore my T-shirt and threatened us,” the girl in the FIR says.

Complaint copy obtained by OpIndia

Brother of the victim girl confirms girl was assaulted for no reason

Team OpIndia contacted the victim to confirm the incident after which it was learned that the victim and her brother were beaten by the accused after a short scuffle took place between them. “The accused Rahim had forced my brother to get him something purchased from a local store. However, he refused saying that he had no money. Later Rahim and his wife came home and assaulted my brother, his wife, and our sister. The girl was assaulted for no reason,” one of the brothers of the victim girl said.

Meanwhile, he also added that the Police have filed a cross-complaint against his brother and put him in jail. Further investigations into the case are underway. Police were reached for comment on the case but were not available at the time of writing this report. The report will be updated once we hear from the authorities.

Umbri Love Jihad case

In a recent case of Love Jihad that was reported from Umbre village of Rahuri taluka, three Hindu minor girls had complained that one Avej Sheikh trapped them separately in love affairs and forced them to run away with him. He asked them for money and also threatened them to be in a relationship. He touched the girls inappropriately and obtained their photographs which he used to blackmail the girls to be in a physical relationship. In this, Avej’s friends Kaif, Sohail, his sister Alisha, uncles Salim Pathan, Altaf Sheikh, and Shakir Sayyed helped him with money and other resources.

Meanwhile, the tuition teacher of the girls, Heena Pathan groomed the girls to behave like Muslims and asked them to stop wearing bangles and kumkum on their foreheads. She also fed one of the girls with milk that contained some toxic substance. Uncle Salim Pathan was ready to give Avej Rs 7 lacs and home if he would trap any of the girls and convert her to Islam.

The girls confirmed to OpIndia that around 7-8 girls were targeted by Avej and were threatened to be in relation with him at separate time intervals during the course of the last two years. All the accused persons in the case have now been arrested. However, police have filed a cross-complaint against members of a local Hindu organisation who approached to help the victim girls. Investigations in all three cases are underway.

Madhya Pradesh: Retired engineer’s divorce case finalised by Gwalior court after 38 years, had filed in 1985

OpIndia Staff
-
0
Madhya Pradesh: Retired engineer’s divorce case finalised by Gwalior court after 38 years, had filed in 1985

An unusual case has surfaced in Gwalior, Madhya Pradesh, where a couple endured a staggering 38-year wait for their divorce. The husband had filed for divorce in 1985, and remarkably, the court has now granted their divorce on the very same application.

After nearly four decades of legal proceedings, the court has finally permitted the dissolution of their marriage. The duration of the wait has extended to the point where even the children of this engineer, who initially sought the divorce, have since gotten married.

The engineer’s arduous divorce case originated in the Bhopal Court and subsequently traversed through the Vidisha Family Court, the Family Court of Gwalior, the High Court, and ultimately reached the Supreme Court. The retired engineer, residing in Bhopal, had filed for divorce from his wife, who is a resident of Gwalior. After an astonishing 38-year legal journey, he has finally been granted permission to legally part ways with his first wife.

In 1981, the engineer entered into matrimony with his first wife. However, their marriage faced challenges as they remained childless, leading to their separation in 1985. Subsequently, in July of the same year, the husband filed for divorce in the Bhopal Court citing the inability of his first wife to conceive, but his plea was denied.

Undeterred, he pursued another divorce application in the Vidisha Court. On the other hand, in December 1989, the wife took a different approach by applying to the Family Court in Gwalior, seeking restoration of conjugal rights. The couple’s conflicting appeals against each other prolonged the legal battle, keeping this case entangled in the courts for an extensive period.

The court initially granted the husband’s divorce application, deeming him eligible for separation, but the first wife contested the ruling, leading to the acceptance of her appeal in court. In April 2000, the pending divorce case in Vidisha was dismissed. Subsequently, the husband pursued an appeal in the High Court, which also turned down his plea in 2006. Not giving up, he filed a Special Leave Petition (SLP) in the Supreme Court, only to have it rejected in 2008. Still determined, he initiated another divorce application in the same year. However, in July 2015, the Vidisha court once again rejected his application, prompting him to file an appeal in the Gwalior bench of the High Court. After an enduring 38-year ordeal, the High Court finally granted the divorce, bringing an end to their prolonged legal battle.

Following their separation, the husband and wife had been living apart, and in 1990, the husband remarried. From his second marriage, the retired engineer has two children, both of whom are now married. After an exhaustive 38-year legal battle, the husband and his first wife have finally reached an agreement for divorce by mutual consent. The High Court, in its directive, has ordered the husband to make a lump sum payment of Rs 12 lakh to his wife as alimony.

The woman’s father, being a police officer, was resolute in preventing the disintegration of his daughter’s marriage, leading her to persistently appeal to the court to halt the divorce proceedings. However, after the woman’s brothers intervened and persuaded both the husband and wife, they finally reached a mutual agreement to proceed with the divorce by consent.

Rahul Gandhi’s Prime Ministerial dreams come back to life as MP status is restored: Here is how the drama started, peaked, and came a full circle

OpIndia Staff
-
0
Rahul Gandhi’s Prime Ministerial dreams come back to life as MP status is restored: Here is how the drama started, peaked, and came a full circle

Rahul Gandhi’s Prime Ministerial aspirations have been revived after his Lok Sabha (LS) membership was restored earlier today. A notification released by the LS Secretariat reads, “In view of the order dated 04.08.2023 of the Supreme Court, the disqualification of Shri Rahul Gandhi has ceased to operate subject to further judicial pronouncements.”

The development comes three days after the apex court on 4th August stayed Congress leader and Wayanad MP Rahul Gandhi’s conviction in a 2019 criminal defamation case over his Modi surname remark. The apex court had also restored his status as a member of Parliament.

The restoration of his MP status has given Congress something to celebrate brand Rahul Gandhi about even as the Opposition alliance I.N.D.I.A. grapples with selecting a PM candidate and RaGa seems far from their first choice.

Even so, leaders from the alliance have jumped in to congratulate Rahul Gandhi to grab a piece of the pie for the brand I.N.D.I.A. Rahul Gandhi was quick to restore his status in his Twitter bio as “Member of Parliament”.

Not to forget the time when he had insulted Amethi voters, who had elected him, while campaigning in Wayanad in 2021. Whether his return as LS MP from Wayanad will bear well for the constituency or not remains to be seen.

A timeline of events

In April 2019, Rahul Gandhi mocked Prime Minister Narendra Modi at a Lok Sabha election rally in Karnataka saying by asking “Why do all thieves share the Modi surname”. “Nirav Modi, Lalit Modi, Narendra Modi… how come they all have Modi as a common surname? How come all thieves have Modi as a common surname?” Gandhi had made the remark at a campaign rally in Kolar, Karnataka.

A complaint was then filed by BJP MLA Surat Purnesh Modi against the Congress leader for defaming the entire Modi community. Former Congress President Rahul Gandhi was booked under Sections 499 and 500 of the Indian Penal Code, which deal with criminal defamation.

On 10th October, Rahul pleaded not guilty before a Surat court in connection with the case. He suffered his first setback in March this year, when the Surat District Court held him guilty. Following his conviction, the former Congress President was disqualified from the Lok Sabha on 24th March.

He was disqualified under section 8(3) of the Representation of Peoples Act, 1951, which states that any MP or MLA convicted of any offense and sentenced to imprisonment for not less than two years shall be disqualified from the date of conviction.

The notification issued by the Lok Sabha secretariate had said:

Consequent upon his conviction by the Court of Chief Judicial Magistrate, Surat in C.C./18712/2019, Shri Rahul Gandhi, Member of Lok Sabha representing the Wayanad Parliamentary Constituency of Kerala stands disqualified from the membership of Lok Sabha from the date of his conviction i.e. 23 March, 2023 in terms of the provisions of Article 102(1)(e) of the Constitution of India read with Section 8 of the Representation of the People Act, 1951.

A petition was then filed by the Congress leader in the Supreme Court a day after seeking that such disqualifications of elected representatives be deemed as “illegal”. In a press conference on 25th March, Rahul Gandhi blatantly said that he will not apologise for his remarks.

“I am a Gandhi and not Savarkar, and Gandhis do not apologise,” he had said. On 3rd April, the Surat court extended bail granted to Rahul Gandhi in a defamation case till April 13.

However, his plea seeking suspension of two-year sentence was rejected by the Surat Sessions Court on 20th April.

Gandhi then moved the Gujarat HC challenging the Surat court’s refusal to give a stay on his conviction. On 7th July the HC too refused to stay his conviction. Following this he approached the Supreme Court on 15th July.

In what was his last resort, Rahul Gandhi gave his best shot in the SC arguing that if the decision is not overturned, it will severely impede free speech, expression, and thought.

In his plea, Rahul Gandhi contended that allowing the High Court’s decision to stand will gradually erode democratic institutions, leading to the stifling of democracy and negatively impacting the future of India’s political landscape. The Congress leader vehemently refuted the complainant’s claim that his speech defamed individuals bearing the Modi surname. Finally, on 4th August, his convicted was stayed and his disqualification was revoked on 7th August.

Meanwhile, Twitterati has erupted on both sides of the political spectrum taking a dig at each other.

Rahul Gandhi loyalists are in celebration mode whereas Opposition alliance leaders too are not behind in trying to score brownie points.

Congress would like to project Rahul Gandhi as the default PM candidate. However, not many in the Opposition camp have shown any interest in that regard. With Rahul back as an MP, the political plot for the Lok Sabha elections just got more interesting.

After whining about Rahul Gandhi’s video being ‘algorithmically suppressed’, Congress celebrates his mythical YouTube success: What the real numbers say

OpIndia Staff
-
0
After whining about Rahul Gandhi’s video being ‘algorithmically suppressed’, Congress celebrates his mythical YouTube success: What the real numbers say

The Congress seems to have thought of a brand new strategy to re-launch Rahul Gandhi for the millionth time. The Hindu published an article hailing the social media connect of Rahul Gandhi and talking about how his YouTube channel has zoomed ahead. The Leftist publication, which had helped Rahul Gandhi further his Rafale lies with fabricated documents, also quoted an ‘internal assessment’, claiming that while Rahul Gandhi’s YouTube channel is not as popular as that of Prime Minister Modi, it still outshines the latter in per video average views.

“There is still a long way for Mr. Gandhi to outstrip Prime Minister Narendra Modi who globally has one of the largest social media presence (his YouTube channel has over 16 million subscribers), the Congress claims that Mr. Gandhi lately has better statistics in terms of audience engagement. As per the Congress’s internal assessment, Mr. Gandhi’s videos on an average get 3,43,000 views, while the average views on Mr. Modi’s channel is 56,000. Mr. Gandhi’s videos get on average 1,700 comments and Mr. Modi’s videos get 137 comments“, the report claimed.

The report also tried to repackage the image of Rahul Gandhi to mirror that of PM Modi in his pre-2014 phase where Narendra Modi was perhaps the first world leader to use social media extensively and as a tool to reach out to his electorate. With the media being heavily biased against him, social media became the medium of choice for Modi.

The Hindu report tries to recast Rahul Gandhi in that mould by claiming that Rahul Gandhi has often criticised the mainstream media’s bias against him and thus, used social media effectively. “When most mainstream communication mediums are controlled by the BJP, there was no other option but for us to get our message to people through alternative platforms like YouTube. We realise these platforms cannot be a perfect substitute for mainstream mediums but this was the only alternative,” The Hindu quoted Praveen Chakravarty, who heads Congress’ Data Analytics Department. 

While the Congress is celebrating Rahul Gandhi’s mythical YouTube popularity, it becomes imperative to note a few points. Firstly, Congress is using the metric ‘average views per video’ to compare Rahul Gandhi’s success to that of PM Modi. The Hindu says, “As per the Congress’s internal assessment, Mr. Gandhi’s videos on average get 3,43,000 views, while the average number of views on PM Modi’s channel is 56,000. Gandhi’s videos get on average 1,700 comments and Mr. Modi’s videos get 137 comments”. However, the per-video engagement is no metric at all, given that averaging out would depend on how many videos a channel uploads.

The metric that The Hindu fails to mention is that PM Modi’s YouTube gained approximately 25.46 Crore views in the last 1 month while Rahul Gandhi’s YouTube gained approximately 4.82 Crore views in the last 1 month. Also, PM Modi’s YouTube gained approximately 75.79 crore views this year while Rahul Gandhi’s YouTube gained approximately 25.38 Crore views this year.

What is also interesting is that this celebration of Rahul Gandhi’s mythical YouTube success comes only 4 months after The Hindu ran another Congress handout where Congress whined about Rahul Gandhi’s video ranting against Gautam Adani after the Hindenberg fiasco had been ‘algorithmically suppressed by YouTube”.

In March 2023, Congress had alleged in a letter to YouTube that former Congress president Rahul Gandhi’s videos on industrialist Gautam Adani have fewer views despite similar user engagement as other videos. The party has further alleged that the browse feature for these specific videos seems to have been “algorithmically suppressed”. 

Essentially, Congress had insinuated that somehow, YouTube was also doing PM Modi’s bidding. If that were true then, one has to wonder what changed in the past 4 months for YouTube to suddenly like Rahul Gandhi again. What is more likely, however, is that Congress was exaggerating and crying victim then and is celebrating a mythical success today, because according to political requirements, they need one of these two narratives to keep getting played up in the media.

Fake cases under SC/ST Prevention of Atrocities Act abuse of the process of law, clogging judicial system: Karnataka HC

OpIndia Staff
-
0
Fake cases under SC/ST Prevention of Atrocities Act abuse of the process of law, clogging judicial system: Karnataka HC

While quashing the criminal prosecution under the SC/ST (Prevention of Atrocities) Act, 1989 against two brothers, the Karnataka High Court strongly criticised the misuse of legal provisions of the act. The court categorically highlighted that on account of false cases under the SC/ST Act or others, the judicial system gets clogged leaving the genuine petitioners to suffer the ill consequences of it. 

The case in question under the SC/ST act

The case in question pertains to a property dispute between two neighbours whose allegedly disputed properties are adjacent to each other. The fathers of the petitioners and complainant made transactions during their lifetime and the said property had been in the possession of two petitioners for nearly five decades. 

This was later contested by the complainant claiming that the documents of the property were forged. Along with that, the petitioners were facing prosecution under Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The petitioners’ neighbour complained to Bengaluru’s Ramamurthy Nagar police station immediately after the police had filed a chargesheet against him for house trespassing and continuous harassment. The earlier complaint to the police was made by the two petitioners. 

Subsequently, petitioners Purushotham and Rasik Lal Patel challenged these proceedings initiated against them. They highlighted that apart from various sections of the IPC, they were framed under various provisions of SC/ST acts as well. 

According to the petitioners, later the court found these submissions to be true, all the transactions had happened between the father of the complainant and the father of the petitioners during their lifetime. Further, they had had the subject property for the last 50 years. Their properties and properties which came under the share of the complainant’s father are adjacent to each other. 

The petitioners asserted that the matter is purely civil but has been given a colour of crime.

Strong observations of the court on misuse of the act and abuse of process of law

The single-judge bench of Justice M Nagaprasanna observed that the present case is a classic example of “an abuse of the process of law” and misuse of provisions of the SC/ST act. 

He said, “This case would form a classic illustration of misuse of the provisions of the Act and the penal provisions under the IPC. It is such cases which clog the criminal justice system and consume the considerable time of the Courts, be it the Magistrates Court, Court of Session or this Court, while genuine cases where litigants have suffered would be waiting in the pipeline.”

Justice Nagaprasanna pointed out that the complainant had admitted that the subject properties were jointly acquired by V.Muniyappa and his father. Later, they were sold to the father of the petitioners on different dates by three sale deeds. However, the complainant claimed that he is not aware of the execution of sale deeds as he was not a party to them. The court added that the moment the charge sheet was filed against the complainant, the impugned complaint springs up alleging several offences. 

The court elaborated reasons on why the case was not made out on any of the sections of IPC or provisions of the SC/ST act, the court stated that this arouse only for vengeance against the petitioners and is only a counterblast to what has been stated above. 

The court added there are multiple instances of abuse of process of law in the present case. 

The court said, “It is not one but there are several hues of abuses of the process of law in the case at hand. Knowing fully well that the father of the complainant had sold the properties to the petitioners or the father of the petitioners, the crime comes to be registered contending that he is not aware of the same and, therefore, the documents are forged. All of them are registered public documents under which the petitioners or their fathers have had the properties for the last 50 years. It is un-understandable as to how a crime could be registered on the aforesaid facts.”

First Kerala Speaker AN Shamseer insults Lord Ganesha, now P Jayarajan insults Bhagwan Parashuram. BJP hits out at Pinarayi Vijayan govt

OpIndia Staff
-
0
First Kerala Speaker AN Shamseer insults Lord Ganesha, now P Jayarajan insults Bhagwan Parashuram. BJP hits out at Pinarayi Vijayan govt

BJP National Secretary Anil K Antony has hit out at the Pinarayi Vijayan government in Kerala for insulting Hindu gods. Quoting local news reports, the BJP leader said it’s very disappointing and shocking to see the top echelon of Kerala’s ruling party continuously insult the sentiments of crores of Hindu believers across the world.

“A few days back the speaker of the Kerala Legislative Assembly Sri. Shamseer insulted Lord Ganesha by calling him a myth. Today another senior @CPIMKerala leader Sri. P Jayarajan insults Lord Parashuram by talking on very similar lines. It’s very disappointing and shocking to see the top echelon of Kerala’s ruling party continuously insult the sentiments of crores of Hindu believers across the world for their short-term political expediency and for appeasing a certain section of the minorities they see as their important vote bank. They all should unconditionally apologise for their statements,” Antony tweeted on 6th August, Sunday.

He added, “Does any of the other I.N.D.I.A. alliance partners that share the stage with this party including @RahulGandhi and the @INCIndia endorse these views? Is anyone willing to correct them / disown these statements?”

Antony’s attack came a day after senior CPI(M) leader from Kannur P Jayarajan reportedly insulted Bhagwan Parashuram while delivering a speech in Kasaragod on 5th August, Saturday.

The former CPI(M) MLA said that Lord Parashuram is a myth and that the story of the origin of Kerala is made up by Brahmins. Making casteist remarks, Jayarajan said that the Kerala origin story was “cooked up by Brahmins to enslave the people and gives Brahmins rights all over Kerala.” He also called the Hindu belief in the origin of Kerala a myth.

On 21st July, Kerala Assembly Speaker AN Shamseer made similar insulting remarks for Hindu Deity Lord Ganesha while addressing a speech during a program at a school in Ernakulam. He said that the Centre should teach the children about accomplishments in science and technology instead of Hindu myths. He used Lord Ganesha and Pushpak Vimana as an example to call out “Hindu myths”.

Responding to a question on who invented the airplane, Shamseer said the Wright brothers. He added that Hindus believe Pushpak Vimana to be the first airplane as mentioned in Ramayana. He followed this up with the story of Lord Ganesha saying that Hindus believe that he acquired his elephant face through plastic surgery, which he called a myth. Shamseer said, “They are promoting such myths in place of science.”

A complaint was lodged by the BJP and the comments were met with large-scale protests by the Nair Service Society (NSS) which organized “Faith Protection Day” on 2nd August. The organization had asked all its members to visit Ganesha temples. They were later booked by the Kerala government for “unlawful assembly”.

NSS General Secretary G Sukumaran Nair reportedly said, “That is foolish, who found out about it? These people say that if you go to heaven there are hoories, who went to heaven and returned to tell them that there are hoories in heaven? So commenting on that has no meaning.”

The BJP too had demanded an unconditional apology from the Speaker of the Kerala Assembly saying that the leader had hurt Hindu sentiments.

Shamseer issued a clarification saying he is not against any religion. However, it should be noted that he pitched science against “Hindu” myths thereby targeting the Hindu religion alone.

Even as controversy was brewing over Shamseer’s insulting statement, Kerala CPI(M) State Secretary MV Govindan too said Lord Ganesha is a myth. Shockingly, when asked about Allah, he said not all beliefs are myths.

While addressing a press briefing on the controversial remarks made by the Speaker, Govindan said, “Is Ganapati science then? Let us look at myths as myths only. The formation of Kerala is also a myth, right? We are not against believers.”

But when asked if Allah is a myth, he said, “I didn’t say all Gods are myths. Unlike Hindus, Muslims don’t have 1000s of Gods. They believe in a higher concept single God!”

The Kerala Assembly is likely to erupt today as the BJP has surrounded the CPI(M) government on the back-to-back controversial comments by the latter’s leaders targeting the Hindu faith.

SC dismisses plea by Tamil Nadu minister Senthil Balaji, wife challenging ED custody in a money laundering case

OpIndia Staff
-
0
SC dismisses plea by Tamil Nadu minister Senthil Balaji, wife challenging ED custody in a money laundering case

On Monday (7 August), the Supreme Court dismissed the petitions filed by Tamil Nadu Minister Senthil Balaji and his wife Megala challenging the custody sought by the Enforcement Directorate in the money laundering case. The apex court also allowed ED to have the custody of Minister Balaji till 12 August in the cash-for-jobs scam case.

Two separate petitions were filed by Minister Balaji and his wife Megala before the apex court. The petitions challenged the Madras High Court order dated 14th of July. The High Court had held that the ED was entitled to take Balaji into police custody. The apex court also rejected their plea in which they had contended that the arrest by the ED was illegal. 

The two judge-bench of Justices A S Bopanna and M M Sundresh also held that a writ of habeas corpus was not maintainable against the arrest by the ED. The court held that an order of remand cannot be challenged in a habeas corpus petition. However, the court added that in case of violation of any procedure for arrest as prescribed in Section 19 of the Prevention of Money Laundering Act (PMLA), then action can be taken against the concerned officer.

The 2-judge bench cited the earlier Supreme Court order passed in the Anupam Kulkarni case. In that case, the court had held that police custody is not permissible beyond the first 15 days of remand. However, citing this judgement, the bench has referred the issue of extension of police custody beyond the first 15 days to a larger bench for reconsideration.

Tamil Nadu Minister of Electricity, Prohibition and Excise Senthil Balaji was arrested on the 14th of June but he still continues to be a minister without portfolio in the M K Stalin government. The Enforcement Directorate arrested him in connection with the cash-for-jobs scam which surfaced in 2015 in the state’s transport department. During the 2011-16 AIADMK government, Balaji was the transport minister.

He was arrested after the Supreme Court’s order in May had overturned the Madras High Court’s decision in which the High Court had halted the proceedings in the money laundering case against him.

On the day of arrest, the ED interrogated him for almost 18 hours and searched his official residence and chamber at the state Secretariat before making the arrest. 

Following his arrest, his wife Megala filed a habeas corpus petition before the High Court on the day of his arrest and argued that the arrest and detention were illegal. The High Court didn’t grant him interim bail. Later, a two-judge division bench of the High Court delivered a split verdict in the habeas corpus plea. Following the split verdict, the third judge in the case, Justice CV Karthikeyan, ruled in favour of the ED. 

Today’s order from Supreme Court is a major setback for Tamil Nadu Minister, who would have to remain in ED custody for another 5 days till 12 August. 

Shame on you: Netizens slam Youtuber Abhisar Sharma after Chinese financing of NewsClick emerges

OpIndia Staff
-
0
Shame on you: Netizens slam Youtuber Abhisar Sharma after Chinese financing of NewsClick emerges

A day after The New York Times published a report, revealing how the leftist propaganda organisation NewsClick received funds from a Chinese Communist Party supporter, netizens slammed ‘journalist’ turned Youtuber Abhisar Sharma on Sunday (August 6).

Popular Twitter user Ankur Singh wrote, “Shocking! New York Times investigation reveals NewsClick media portal in which @abhisar_sharma works is funded by China to do propaganda in India. Don’t forget Congress supports and promotes @newsclickin. Why? Because of Chinese MoU?”

“After India now even investigations in US tells NewsClick media where lipstick YouTuber @abhisar_sharma works is funded by China to do propaganda in India,” tweeted another user (@ChillamChilli).

“How’s The josh, Abhisar Sharma. In 2021, ED probed media portal NewsClick & found its funding linked to China. At that time, leftists called it attack on freedom of press Now, after 2 years, leftists favorite New York Times (NYT) also reported that NewsClick is funded by China. Funded for Chinese propaganda?What Newsclick was doing by Chinese Funding?” another user inquired.

Popular user (@IamGMishra) slammed Abhisar Sharma for being a ‘traitor (gaddar)’. He tweeted, “Shame on @abhisar_sharma for taking Chinese money & running propaganda against India. India Ka #Gaddar! You will not see any tweet from liberals & Congressi against #NewsClick & D@lla (pimp) Abhisar: Sab Chor hai Sa@le! (all of them are thieves).”

“USA media investigation reveals NewsClick is funded by China to do propaganda in India. Can @abhisar_sharma explain the remittance received by @newsclickin classified as FDI of Rs 9.59 cr from April 2018, and another of Rs 20.92 cr, shown as receipts for “export of services”?” asked Rishi Bagree.

Twitter user ‘Star Boy’ wrote, “Newsclick – China Link (Expose). Is Indian portal Newsclick working for Chinese propaganda? Is Abhisar Sharma a Chinese agent? Was China behind Bhima Koregaon Violence? What is Digipub cartel? Role of Congress”

It must be mentioned that Abhisar Sharma features regularly on NewsClick videos wherein he is seen either defending the Congress party or furthering anti-India narratives.

The Chinese government is infamous for swaying public opinion in its favour through its propaganda machinery, which ranges from educational institutes to media publications.

Abhisar Sharma regularly features in propaganda videos of NewsClick

NewsClick is financed by Chinese Communist Party supporter

On Saturday (August 5), The New York Times published a detailed article, revealing the ties of an American businessman with the Chinese government and his financial support to an Indian leftist propaganda outlet named NewsClick.

According to the US-based newspaper, a millionaire named Neville Roy Singham is funding several news publications across the world (including India) to peddle Chinese propaganda.

“What is less known, and is hidden amid a tangle of nonprofit groups and shell companies, is that Mr. Singham works closely with the Chinese government media machine and is financing its propaganda worldwide,” the article stated.

The New York Times pointed out that Singham has been successful in disseminating Chinese government talking points under the pretext of ‘progressive advocacy’ in countries such as India, Brazil, South Africa and the United States.

Screengrab of the news report by The New York Times

Neville Roy Singham, who holds strong ties with the Chinese Communist Party (CCP), is at the forefront of China’s smokeless war.

In its article, The New York Times stated, “Under the rule of Xi Jinping, China has expanded state media operations, teamed up with overseas outlets and cultivated foreign influencers. The goal is to disguise propaganda as independent content.”

It further added, “The result is a seemingly organic bloom of far-left groups that echo Chinese government talking points, echo one another, and are echoed in turn by the Chinese state media.”

During its investigation, the American newspaper found that Neville Roy Singham had financed an India-based leftist propaganda outlet named NewsClick. It noted that the news outlet had repeated the talking points of the CCP in the past.

“In New Delhi, corporate filings show, Mr. Singham’s network financed a news site, NewsClick, that sprinkled its coverage with Chinese government talking points. “China’s history continues to inspire the working classes,” one video said,” noted The New York Times.

‘Magistrate seems to have hurriedly passed order’: Gauhati HC quashes FIR against Assam CM Himanta Biswa Sarma in alleged hate speech case

OpIndia Staff
-
0
‘Magistrate seems to have hurriedly passed order’: Gauhati HC quashes FIR against Assam CM Himanta Biswa Sarma in alleged hate speech case

On 3rd August, Gauhati High Court quashed Magistrate orders to register a First Information Report (FIR) against Assam Chief Minister Dr Himanta Biswa Sarma in an alleged hate speech case. The Magistrate orders came on the complaint of Assam Congress MP Abdul Khaleque for a speech at CM Biswa’s game in the backdrop of the Sipajhar eviction drive in September 2021.

In a speech in Morigaon district after the eviction drive, CM Sarma referred to the incidents of violence as “revenge” for the eviction. In his order, Justice Ajit Borthakur said the Magistrate seemed to have passed the order of registering an FIR against CM Sarma in a hurry without hearing what he said or what police officers found during the investigation. Earlier, police officials said in their report that no cognisable offence was made out during the speech by CM Sarma.

Justice Borthakur said, “The learned Magistrate seems to have hurriedly passed the impugned order on 05.03.2022 on the same day of receipt of the petition on transfer to his Court for disposal, after hearing the complainant side only, which certainly occasioned a gross failure of justice and abuse of the process of the Court.”

The High Court observed that the words used by CM Sarma in the matter could not be deemed as “communally inflammatory”. Justice Borthakur added, “The whole text of the speech in question did not bear any word or sentence which can be termed as communally inflammatory speech attracting any penal cognisable offence.”

Calling it an error of judgment by the Magistrate, High Court opined that the order was passed “without properly considering the allegations” against the Chief Minister. Though Magistrates have the power to direct probe the petitions under Section 156(3) of the Criminal Procedure Code, that does not mean that police must register an FIR.

The court noted that Khaleque narrated the speech in a conjecturable manner inter alia, terming it as ‘maliciously given a communal colour’ with reference to the alleged killings of Moinul Hoque and Sheikh Farid’ and other incidents.

Furthermore, the High Court remarked that the investigation of the complaint made it clear that no cognisable offence was made against the CM that would have led to the registration of a criminal case against him. The court said, “[it] contains apparently different narration of facts overlapping each other, clouding the multifarious allegations generated therein, which cannot be construed to have disclosed any cognisable offence to the police, requiring to be mandatorily registered.”

Gauhati magistrate’s orders to register FIR

In 2022, the Gauhati magistrate court ordered police to file a criminal complaint against CM Sarma over allegedly inflammatory remarks in the speech from December 2021. Following the orders, the Assam government and the Guwahati police moved to Gauhati High Court, challenging the orders.

Notably, in a report, Deputy Commissioner of Police, East District, Guwahati City Police Commissionerate, Kamrup(M), Assam, said, “During enquiry the audio clipping of the comments given in a public meeting in Morigaon district is collected for ascertaining the truth of the allegation if any cognizable offence is made out on prima facie basis. The enquiry has been conducted thoroughly taking note of every aspect meticulously. However after making a thorough enquiry and detailed examination of the speech made by the honourable CM, I found no any offence appeared to be committed by the honourable CM of Assam for creating disharmony among the different communities of Assam in absence of specific reference to the name of any particular community. The speech so delivered carried neither any provocation nor incitation against one community with others. The statement so delivered carried only the past history what the bonafide assamese people had faced. The entire version delivered by honourable CM of Assam was of creative nature wherein no matter was there affecting interest of the other community.”

In the order, Kamrup Metro district Sub-Divisional Judicial Magistrate B Baruah observed the police needed to register FIR against CM Sarma. The order came on the complaint of Khaleque, who had said CM Sarma’s remarks that “events at Gorkhuti an act of ‘revenge’ for 1983, the Hon’ble Chief Minister is giving wanton provocation to people to commit further acts of rioting against the particular community of the
state.” He added that CM Sarma’s remarks were “intending to cause disharmony or feelings of enmity, hatred or ill-will towards the Muslim population of Assam.” He sought FIR against CM Sarma at Dispur Police Station under Sections 153 and 153A of the Indian Penal Code (IPC).

Punjab and Haryana HC takes suo moto notice of demolition of illegal structures in Nuh, puts a stay

OpIndia Staff
-
0
Punjab and Haryana HC takes suo moto notice of demolition of illegal structures in Nuh, puts a stay

On Monday, August 7, the Punjab and Haryana High Court stayed the Haryana government’s demolition drive on the illegal encroachments being carried out by the Haryana administration after rioters unleashed violence in the Nuh district of Haryana on July 31 during the Jalabhishek Shobha yatra.

According to Live Law, a bench of Justice GS Sandhwalia passed orders to stay demolitions in Nuh until further orders. A notice has been issued to the state govt and the matter is to be heard again at 3 pm today.

According to reports, Deputy Commissioner Dhirendra Khadgata asked officials concerned to stop the bulldozer action following the high court ruling. Demolitions of illegal encroachments in Nuh continued for the fourth day on Sunday.

The HC passed these orders while taking suo motu cognizance of the demolition drive carried out by the state government after the Nuh violence. The court also questioned the Haryana government’s demolition drive launched after residents claimed they were not given any notice by the administration.

The local administration had, however, said they were taking action against illegal constructions and encroachment and no individual was being targeted.

“Demolition drive against illegal construction is underway and it will continue. Action is not being taken to target anyone. Our motive is to establish peace,” Khadgata said on Sunday, August 6.

Notably, the cracked down on the illegal encroachments of over 200 rioters began on the afternoon of Thursday, 3rd August 2023, three days after Islamists ran riots in the Nuh district of Haryana.

While adopting Yogi Adityanath’s signature bulldozer system, the local administration in Tauru in Nuh bulldozed 250 houses of illegal immigrants. Reportedly, many of them were part of the recent rioting in the Mewat region.

The encroachments had cropped up on Haryana Shehri Vikas Pradhikaran (HSVP) land in the past 4 years and were mostly inhabited by illegal immigrants from Bangladesh.

Building from where stones were pelted during Nuh violence demolished as bulldozer action 

During the demolition drive, the state administration also demolished the three-story house which was used by the Islamist mob for stone pelting on Hindus. The video of several people pelting stones from the now-demolished house had gone viral on social media. 

Nuh Shobha Yatra attack

On Monday, violence broke out in Haryana’s Nuh district during the ‘Brij Mandal Jalabhishek Yatra,’ which was organized by Vishwa Hindu Parishad and Bajrang Dal. The death toll from the clashes has now reached 6, including two personnel from the Haryana home guard. The deputy commissioner urged people to stay indoors, venture outside only for essential tasks, and disregard any circulating rumours.

Vehicles were burnt and stones pelted at the Vishwa Hindu Parishad’s Jalabhishek Yatra as Islamists unleashed violence against thousands of Hindus in the Muslim-dominated region of Nuh, Mewat in Haryana.

1...1,9411,9421,943...7,647Page 1,942 of 7,647