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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
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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
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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
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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
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‘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
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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
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‘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.

Rohit Sharma’s wife Ritika Sajdeh removes the ‘All Eyes On Rafah’ Instagram story after facing online backlash

OpIndia Staff
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Rohit Sharma’s wife Ritika Sajdeh removes the ‘All Eyes On Rafah’ Instagram story after facing online backlash

Ritika Sajdeh, wife of cricketer Rohit Sharma, pulled down the ‘All Eyes on Rafah’ story, presumably a paid post, from her Instagram account after drawing fierce online flak over the story.

Sajdeh was among several celebrities in India who had uploaded what appeared like a paid post on the Israeli action in Rafah, triggering an online backlash from Indian supporters who questioned her about her missing sense of justice when it came to standing up for Hindus, most notably Kashmiri Hindus and those persecuted in India, before meddling in a complicated war halfway around the world.

Here’s the story Ritika uploaded on her Instagram account:

Before long, several X users and Instagram users commented on how Sajdeh hadn’t expressed ‘solidarity’ for Hindus persecuted in India, Pakistan, and Bangladesh and how she might have been an unwitting accomplice to the anti-Israel lobby that has been trying to mobilise support against its offensive in Rafah.

In response to the torrent of online criticism, Sajdeh deleted her story.

Many social media users lauded Ritika for course-correcting and deleting her Instagram story on Rafah.

“Rohit Sharma’s wife Ritika Sajdeh has removed the story. Good sense prevailed,” an X user Ankit Jain tweeted.

Another X user commented that it was laudatory on Ritika’s part to delete the story and deprive Hamas supporters of an opportunity to use her as an accomplice to further demonise Israel.

Many others too welcomed her decision to pull down the story and refrain from being a part of a putative toolkit propaganda.

Ritika has been a mainstay in Indian cricket matches and recently at IPL 2024 matches, enthusiastically supported Rohit Sharma and the Mumbai Indians. Unfortunately, the team had a dismal season, finishing last in the league stage.

Ritika and Rohit tied the knot in 2015 and had their daughter, Samaira, three years later. Before they started dating, Ritika was Rohit’s manager. They were introduced by former Indian cricketer Yuvraj Singh, who is like an elder brother to Ritika.

Best wishes to Rahul Gandhi, Kejriwal, and Mamata Banerjee: Pakistani politician Fawad Chaudhry once again endorses I.N.D.I. Alliance, asks for Modi to be defeated

OpIndia Staff
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Best wishes to Rahul Gandhi, Kejriwal, and Mamata Banerjee: Pakistani politician Fawad Chaudhry once again endorses I.N.D.I. Alliance, asks for Modi to be defeated

A day after PM Modi stressed that the issue of Foreign interference is a matter of serious investigation, Pakistan’s Former Minister Fawad Chaudhry has reiterated his support to India’s opposition in the ongoing Lok Sabha elections. Notably, on Tuesday (28th May), Pakistani politician Fawad Chaudhry said that every Pakistani wants PM Modi to be defeated in the ongoing elections in India.

Fawad Chaudhry also gave his best wishes to Rahul Gandhi, Arvind Kejriwal, and Mamata Banerjee and stressed that PM Modi should be defeated to restore India-Pakistan ties. 

Speaking with the news agency IANS, Fawad Chaudhry peddled the anti-Muslim trope to peddle the false propaganda of Muslims and minorities being persecuted and oppressed in India. He said that Muslims in Kashmir and India are being oppressed by extremist ideology which makes it important to defeat PM Modi.  

Extending wishes to the I.N.D.I. Alliance leaders, Chaudhry said, “…The benefit of the Indian voter lies in having a good relationship with Pakistan. India should move ahead as a progressive country, and that is why Narendra Modi and his extreme ideology need to be defeated. Whoever defeats him, whether it is Rahul Ji, Kejriwal Ji, or Mamata Banerjee, best wishes to them.” 

Fawad Chaudhry further claimed, “Every Pakistani wants PM Modi to be defeated. India-Pakistan ties can be restored only when extremism comes down both in India and Pakistan. Pakistanis don’t have animosity towards India.”

Earlier, Chaudhry had posted tweets in support of Congress leader Rahul Gandhi. On 1st May, he supported senior Congress leader Rahul Gandhi as he reposted a video of the Gandhi scion’s polemics against the Modi government. In a tweet promoting Rahul Gandhi, Chaudhry tweeted, “Rahul on fire…”.

Apart from Pakistanis voicing support for the opposition bloc, several I.N.D.I. Alliance leaders have also courted controversy and faced massive criticism for making pro-Pakistan remarks. Incidentally, on 25th May, Congress candidate from Jalandhar and Former Punjab CM Charanjit Singh Channi said that if Congress comes to power at the Centre, they will open the India-Pakistan border. The development came days after he received a warning from the Election Commission of India for his objectionable remarks where he called the Poonch terror attack a “stuntbaazi”, giving clean chit to Pakistan sponsored terrorists involved in terror attacks.  

Amidst the opposition and Pakistan’s remarks in support of each other, PM Modi had recently slammed the Opposition for their support to Pakistan. 

On 24th May, PM Modi, while addressing rallies in Punjab’s Gurdaspur and Jalandhar, launched a scathing attack on the Congress party and charged it with “speaking the language of Pakistan”. He asserted that Congress will start sending messages of friendship with Pakistan which has been notorious for sponsoring terrorism against India. PM Modi added that several Congress leaders have been making the atmosphere for the same.

Slamming the I.N.D.I. Alliance and its strategy concerning National Security, PM Modi said, “These I.N.D.I. Alliance people are a great danger to the security of the country. They are talking about reintroducing Article 370 in Kashmir. They want terrorism back in Kashmir. They want to hand over Kashmir to separatists again. They will send messages of friendship to Pakistan again. They will send roses to Pakistan. Pakistan will carry out bomb blasts.” 

PM Modi added, “There will be terrorist attacks on the country. Congress will say, we have to talk no matter what. For this, Congress has already started creating an atmosphere. Their leaders are saying, Pakistan has an atomic bomb. Their people are saying, we’ll have to live in fear of Pakistan. These I.N.D.I. Alliance people are speaking Pakistan’s language.” 

Responding to Pakistan’s support to the I.N.D.I. Alliance leaders including Rahul Gandhi, PM Modi said, “The interesting thing is that Congress is dying here and Pakistan is crying. You must have heard that now Pakistani leaders are praying for Congress. Pakistan is eager to make ‘Shehzada’ (Rahul Gandhi) prime minister. You must have seen it yesterday. We already know that Congress likes Pakistan. The alliance between the two has been completely exposed.” 

Naveen Patnaik under Pandian’s control? BJP again questions Odisha’s ‘proxy CM rule’ as viral video shows BJD’s weakening leadership

Paurush Gupta
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Naveen Patnaik under Pandian’s control? BJP again questions Odisha’s ‘proxy CM rule’ as viral video shows BJD’s weakening leadership

On Tuesday (28th May), a short video clip of Odisha Chief Minister Naveen Patnaik addressing an election rally went viral on social media. In the viral video, his alleged proxy, former IAS officer and now BJD leader VK Pandian, is seen grabbing his trembling hands to hide them from the public.

According to media reports, 77-year-old Naveen Patnaik’s hands have been trembling for at least five years, and it has been an open secret in the state. However, Pandian’s gesture to conceal his trembling hands prompted the BJP to attack the ruling party. Pandian, as usual, was holding the mike and effectively watching the CM speak with careful observation, much like a concerned parent watching the rehearsed performance of their child.

According to the BJP, the video is a symbolic representation of how Pandian has grabbed control of Odisha and is running the state government as Patnaik’s proxy.   

In the run-up to the elections, the BJP has made Naveen Patnaik’s alleged physical weakness and his dependency on Pandian a political issue. Party leaders have been going vocal about it, drawing the attention of voters as to how the “Tamil proxy CM is controlling the old CM of Odisha.”

Sharing the video, BJP asserted that the Chief Minister is under the control of Tamil-born bureaucrat turned BJD leader, Pandian.    

Taking to X, BJP leader and Assam CM, Himanta Biswa Sarma who has been campaigning for the party in the state, said that VK Pandian is even controlling the hand movements of Odisha CM.  

He wrote, “This is a deeply distressing video. Shri VK Pandian ji is even controlling the hand movements of Shri Naveen Babu. I shudder to imagine the level of control a retired ex bureaucrat from Tamil Nadu is currently exercising over the future of Odisha! BJP is determined is give back the reins of Odisha to the people of the State.”

Sarma has been attacking the BJD government, asserting that Pandian is dictating to the CM what to say in his election rallies. 

Likewise, BJP leader and Social media head, Amit Malviya tweeted, “It is however unfortunate how he is being pushed to keep up a facade. Odisha realises it. A graceful farewell to the veteran politician and BJD, in these elections, would be a befitting tribute.”

BJP trains guns at BJD, charges it of running a “Proxy government”

The principal opposition party, BJP has been launching a scathing attack on the ruling BJD over the issue of Odia pride highlighting that a Tamil-born bureaurcrat turned politician has assumed power without accountability. 

Earlier this month, on 18th May, Union minister and BJP candidate for Sambalpur Lok Sabha seat, Dharmendra Pradhan, criticised CM Patnaik and accused him of operating a proxy government, similar to the British era, which is unacceptable in a democratic setup.

In his election rallies, Union Home Minister Amit Shah has been reiterating that “Tamil babu is running the Naveen Babu government from backdoor” adding that BJP wants to restore Odia pride and would make an Odia leader the Chief Minister of the state.

Addressing a rally in Odisha’s Jajpur, Shah lambasted Pandian (refering him to as Tamil babu) for stopping Odia people from celebrating ‘Ram Mahotsav’. Slamming the ‘political heir’ of Odisha CM, Shah asserted, “Can a person from Tamil Nadu be the Chief Minister of Odisha? Narendra Modi will give you an Odia-speaking young CM who is a resident of Odisha.”

Furthermore, several state BJP leaders had also alleged that Pandian has held CM “hostage“.  

On 28th May, Madhya Pradesh Minister and BJP leader Vishwas Sarang took a jibe at the CM of the state and said, “Naveen Patnaik is working as the shadow CM of the state, with VK Pandian being the actual leader. He didn’t even think about Odisha, its people and the Odia language. The people of Odisha will not accept someone from Tamil Nadu as their Chief Minister.”

It is pertinent to note that BJD, which has been in power in the state since 2000, has been facing mounting criticism over the allegation that Pandian has been acting as the “de-facto” Chief Minister of the state. According to the BJP, Pandian is running a proxy government, which is in violation of the democratic setup, as the Chief Minister, like all legislators, is accountable to the assembly (Parliament in case of MPs), whereas his proxy remains unaccountable. 

Apart from allegations of grabbing power from the backdoor, BJP had also filed a complaint against Pandian’s wife Sujata Rout Karthikeyan earlier this month.  

In its complaint, BJP accused her of “abusing her position of authority and public office” and “acting as a BJD agent”. Later, on 2nd May, the Election Commission of India (ECI) transfered her to a non-public dealing department. Prior to the action, she was the Mission Shakti department commissioner-secretary.  

ECI sources noted that the action was carried out in response to a complaint that the officer had abused her position of authority and public office. BJP had accused her of exploiting her position to sway voters in favour of the BJD by exploiting the Systematic Voters’ Education and Electoral Participation (SVEEP) program. She was “actively” acting as an agent of the state’s ruling BJD, according to a plea filed with the Election Commission by the BJP.

VK Pandian – Political heir and de-facto/proxy CM?

BJP’s poll plank on restoring Odia pride stems from the fact that VK Pandian is positioning himself as the political heir of Naveen Patnaik. While Pandian is not contesting the elections, he is the chairman of ‘5T’ and the Nabin Odisha programs, apart from being the close associate of Odisha CM Patnaik. 5T is an Odisha government initiative by CM Patnaik to bring in 5Ts (transparency, transformation, teamwork, technology, and time management) across govt bodies.

Last year in October, VK Pandian took voluntary retirement from the civil services and was immediately given a cabinet minister equivalent in the Odisha government. He has been the de facto ‘right-hand’ man of CM Naveen Patnaik for over a decade. He was an Odisha cadre IAS officer from the 2000 batch who hails originally from Tamil Nadu. 

In 2011, Pandian was appointed as the Private Secretary of CM Naveen Patnaik. Though he was said to be very close to the CM and was widely seen as his ‘right hand’ man, Pandian rose to prominence in Odisha’s political and executive scenario after 2019, when he was appointed as the ‘5T secretary’. 

Pandian’s increasing influence and power projection in Odisha politics was raising many eyebrows as Opposition leaders questioned how a serving IAS officer could be projected as the CM’s envoy and ‘replacement’, flying around in helicopters and being welcomed with garlands and flowers by the public and party leaders wherever he goes. Many opposition leaders had challenged Pandian to quit his job and join active politics.

Pandian, who became the “face” of the Naveen Patnaik government, openly declared in public meetings that he was there to meet people on behalf of CM Patnaik. CM Patnaik, who is 77, is not very physically active and does not step out of the CM residence very often. With his continuous absence, questions and speculations have been lingering around his health prompting the BJP to assert that the Chief Minister is not seeking a fresh mandate for his government but rather for his Tamil-born successor Pandian. 

CM Patnaik has been rejecting speculations about his declining health stating that he is in “very good health”, despite his increasing absence and several videos of his trembling hands coming into the public domain. In the meanwhile, the opposition has been sharping their attack on the issue of Odia Asmita and the alleged ‘power grab’ by Pandian. 

In multiple statements and videos, Patnaik (and Pandian) have rejected the ‘rumours’ of the former’s ill health and have insisted that the Odisha CM is alright, both physically and mentally. Even today, after the viral video saw reactions by Assam CM Sarma, Naveen Patnaik posted on social media expressing concerns about the damages in Assam due to cyclone Remal. He assured Assam of Odisha’s all possible support and assistance in the wake of the natural calamity.

Odisha CM Naveen Patnaik on X

Nonetheless, politicians worldwide have been excelling in the trait of deflecting concerns about their perceived or visible ailments while being in active politics – barring the stellar example of Japan’s PM Shinzo Abe, who resigned over health concerns – with health issues often catching up with them once they face legal troubles.

Chandan Yadav, arrested in murder of Harsh Raj in Patna, is Vice President of leftist student organization AISA: Chandan was active in the rallies of Lalu Yadav and Rahul Gandhi

OpIndia Staff
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Chandan Yadav, arrested in murder of Harsh Raj in Patna, is Vice President of leftist student organization AISA: Chandan was active in the rallies of Lalu Yadav and Rahul Gandhi

A student named Harsh Raj was beaten to death in front of the Law College in Patna, the capital of Bihar. The police has succeeded in arresting Chandan Yadav, the main conspirator of this case, within 24 hours. The police have described the arrested Chandan Yadav as ‘notorious’ and ‘liner’. The police covered his face with a mask while producing him. Chandan’s father’s name is Jitendra Yadav, resident of Amhara village of Bihta. Around a dozen criminals in total were involved in the murder of Harsh Raj.

Chandan Yadav is associated with the leftist student organization AISA (All India Students Association). After the revelations that have come to light, it seems that the mahagathbandhan of Bihar, which was attacking the NDA government regarding this murder, and demanding the arrest of the accused, will be now put in the dock over this murder. On social media, Chandan Yadav is seen asking for votes for Sandeep Saurav of CPI(ML)L, the mahagathbandhan candidate from Nalanda.

Sandeep Saurav became MLA from Paliganj in Patna in 2020. He had left the post of Assistant Professor and joined politics. Chandan Yadav is a student of journalism at Patna University. He is in final year. He is also the Vice President of AISA in Patna University. Chandan Yadav was living in Jackson Hostel for the past 2 years. He has also gone around asking for votes for mahagathbandhan candidate from Nalanda. He was also very active in the joint rally of the mahagathbandhan held at Gandhi Maidan in Patna on March 3.

That rally was also addressed by Rahul Gandhi, while Lalu Yadav and Sitaram Yechury were also present on the stage. Videos of Chandan Yadav’s activism in this rally are also available on his social media handles. In such a situation, RJD, known for the hooliganism of its leaders, may once again face embarrassment due to the acts of its supporters.

Notably, Harsh Raj had organized Dandiya Night on the occasion of Dussehra in 2023. During that time there was a dispute, due to which he was eventually murdered.

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