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‘Clip is of mock polls’: ECI rubbishes viral video of a person casting five consecutive votes to BJP in Assam as false and misleading

Social media influencer Neha Singh Rathore has courted another controversy as the Election Commission of India has pointed out that she was peddling fake news through a misleading post. Notably, the ECI attached a screenshot of her post to highlight that the claims she made in the post were “false” and “misleading”. 

While she shared a video to allege election ‘rigging’ during the actual voting procedure, ECI revealed that the video was taken during a mock poll. In her misleading post, she further insinuated that there is a glitch in the EVMs as it is only voting for one party which will help the BJP achieve its target of winning 400 seats. She went further to claim that people should send flowers in the obituary of the Election Commission.

While sharing the mock poll video as one taken during actual polling, Neha Singh Rathore wrote, “See how Bhasmasur Party is being made to cross 400. See the orgy of corruption in the festival of democracy. Send flowers of tribute to the Central Election Commission.” It is pertinent to note that she later deleted the misleading post without apologising or sharing the correct details of the incident on her timeline.  

Reacting to the misleading post, the poll body tweeted, “A video is circulated on X with false claims on the conduct of elections in #GE2024…The allegations made in this post are false & misleading. The video mentioned pertains to a mock poll in Assam, not actual poll.”

ECI added that the DEO Karimganj had already clarified about the incident. It also attached the official press release of the concerned election officer.

In the official press release, the District Election Officer (DEO) of Karimganj highlighted that the said video was taken during the mock poll and it was not a video related to the actual polling process. The officer categorically assured that there was no violation of procedure during the conduct of the actual poll. The press release further mentioned that the issue was confirmed and clarified during the scrutiny phase that took place on 27th April in the presence of contesting candidates and general observers.

The officer emphasised that the said incident during the mock poll was a gross violation of ECI guidelines of not taking phones inside the polling station and that action has been taken against the persons involved in the act.

The press release noted, “However, it is further clarified that the said incidence during mock poll was gross violation of ECI instructions on prohibition of carrying mobile phone inside the polling station. For violation of ECI instructions, disciplinary action has already been taken against the Presiding Officer and lawful action will also be taken against the polling agent who violated the instruction of not carrying the mobile phone inside the polling station.”

Sharing the press release of Karimganj DEO and Neha Rathore’s tweet, an X user wrote, “Queen of fake news Neha Rathod ji!! The Election Commission has clarified that the said video is from the mock poll when it is shown to the candidates’ agents whether the EVM is working properly or not. The legal punishment for spreading fake news related to EVM is 2 years imprisonment and a fine of Rs 1 lakh.”

Congress worker Reetam Singh arrested for peddling fake video of Amit Shah; had previously threatened, abused, and tried to doxx OpIndia Editor Nupur Sharma: Details

As the election campaigning is reaching a feverish pitch, the opposition, and its ecosystem, on multiple occasions, have been caught spreading misleading claims, clipped videos to run smear campaigns, and political propaganda along with fake news. In a major crackdown on misinformation/disinformation, a man named Reetam Singh, who is the “war room coordinator” in Congress’ Assam unit, was arrested on 29th April for circulating a fake video of Union Home Minister Amit Shah. 

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

The details of this case can be read by clicking here

Nonetheless, it is pertinent to note that this is not the first time that Reetam Singh has been caught breaching Indian laws, he earned notoriety during the anti-CAA protest that broke out in 2019.

(Reetam Singh demands to compile a list of RW handles who will be sent to jail when their supportive government comes to power, says, “Sabse badla liya jayega”.)

Time and again, the former NSUI functionary has been found leading smear campaigns, unleashing online lynch mobs, issuing threats of physical harm, ‘retribution’ and doxxing the private information of dissenters, particularly targeting OpIndia’s Editor-in-Chief Nupur J Sharma. Nupur Sharma had once highlighted the role of Singh and ilks in orchestrating and fanning the anti-CAA protests, that turned violent in many places and culminated in the anti-Hindu Delhi riots 2020. 

The OpIndia Editor-in-Chief had filed a complaint against Singh on 24th December 2019 for leaking her private information to the public and issuing threats of “teaching her a lesson” and “violating her in public openly”. 

Reetam Singh had spent years targeting Nupur J Sharma for exposing his involvement in the anti-CAA protests

Notably, on 16th December 2019, OpIndia had published an article titled, “Who is instigating violence in colleges: Congress, NSUI, a sinister WhatsApp group, and anti-CAA protests”. In her article, Nupur Sharma highlighted how she observed a WhatsApp group that was coordinating and planning protests against CAA in Law Universities.  

The article had also highlighted the role of the admins of this secretive anti-CAA protestors’ WhatsApp group. Incidentally, one of the admins was Reetam Singh, the man arrested today for peddling a fake video of Home Minister Amit Shah.  

Back then, Reetam Singh was associated with the student arm of the Congress party. He was the RTI Cell Coordinator for NSUI (National Students Union of India).

A day later, OpIndia had highlighted the chat exchanges in the controversial group. 

In the investigative reports, OpIndia had exposed that contrary to the claims that anti-CAA protests were “spontaneous”, there was a sinister plot to promote anarchy, and it was carefully coordinated by the Congress party. The report highlighted how it was Reetam Singh who came up with the tactics of “using girls as the first line of defense” to ensure that the ‘students’ are safe. “Police would never touch them,” he had said.

Additionally, it’s also important to remember that an intelligence report shared with the Ministry of Home Affairs had stated that some ‘political parties’, and banned radical Islamist outfits like SIMI and PFI were behind the violent protests in several places across the country. 

Soon after the article was published, Reetam Singh started targeting Nupur J Sharma for carrying the investigating report against him and his ilks. From threats of legal action to silence OpIndia’s Editor-in-Chief Nupur J Sharma, Singh went further to threaten her of causing harm – “violate her in public openly”, in case she persisted with the story. Disgruntled with the expose, he also went on to leak private information including the details of her parents and the address of Nupur J Sharma, for which the latter filed a Police complaint against him.

Post context – Congress party functionary Reetam Singh threatens OpIndia Editor-in-Chief Nupur J Sharma that he will find her just like the CIA found Bin Laden, alluding to the CIA manhunt and killing of dreaded terrorist Osama Bin Laden, a direct threat to kill her. The posts targeting Sharma continues around 5 years down the line after she published the investigative report exposing the likes of Reetam Singh in planning anti-CAA protests.

(For Congress party functionary, Reetam Singh dissenters and journalists who expose their nefarious agendas are more dangerous that ‘terrorists’, dictators, and mass murderers.)
(Singh adjudged journalists like Nupur J Sharma to rot perpetually in ‘hell’.)

Singh, associated with the Congress party, had also issued death and rape threats against Nupur Sharma on several occasions as well as name-called her with deranging slurs, including equating her with terrorists, wishing for ill/diseases to catch up to her, and threats of retribution, and ‘hell’ when their supportive government comes to power at the Centre. 

(Singh wishes his dissenters suffer worst of diseases)
(Reetam threatens Nupur J Sharma to put her in jail)

As Assam Police arrested Assam Congress’s “war room coordinator”, Reetam Singh over several charges, including circulating morphed videos of Union Home Minister Amit Shah, it appears that the law has finally caught up with him for his intimidatory, threatening, malevolent, and anti-national tendencies.

Scotland first Minister Humza Yousaf resigns two days after ‘vowing’ to face no-confidence motion

Scotland’s first Muslim to become First Minister, Humza Yousaf has resigned from his post after falling short of majority. The scenario developed after Humza Yousaf abruptly terminated a power-sharing deal between his Scottish National Party (SNP) and the Green Party last week, hoping to run a minority administration, however, the opposition parties filed a no-confidence motion. Yousaf will continue as the First Minister of Scotland until his successor is elected. Yousaf became Scotland’s First Minister in March 2023.

Addressing a press conference at his Bute House residence, Humza Yousaf said, “After spending the weekend reflecting on what is best for my party, for the government and for the country I lead, I’ve concluded that repairing our relationship across the political divide can only be done with someone else at the helm. I have therefore informed the SNP’s national secretary of my intention to stand down as party leader.”

Interestingly, Yousaf’s resignation came just days after he ‘vowed’ to face the two confidence motions and expressed ‘confidence’ over winning the same. However, in just two days the SNP leader backtracked and decided to resign.

“I’m quite confident, very confident in fact, that I’ll be able to win that vote of no confidence,” Yousaf said.

Last week, the Scottish arm of the Conservative Party had called Yousaf a ‘lame duck’ and said that it would topple his government.

Notably, the Yousaf-led government was facing criticism over an alleged funding scam. In April last year, the SNP’s treasurer was arrested after the police found that the  600,000 pounds ($750,000) raised by Scottish independence campaigners in 2017 were used for “other purposes”.

The SNP is also losing popular support after 17 years of heading the Scottish Government. YouGov, a polling firm reported earlier this month that, for the first time in a decade, the Labour Party has surpassed the SNP in voting intentions for the Westminster elections.

When Humza Yousaf was infuriated over white people holding senior posts in Scotland

Interestingly, Humza Yousaf is of Pakistani origin, where the constitution explicitly says that only Muslims can be the Prime Minister and President of the country, Yousaf in Scotland held many important government positions in the last few years. However, despite the acceptance and opportunities he received in Scotland, Yousaf has come across as a leader harbouring disdain for the Whites.

Recently, a video of Humza Yousaf lamenting over the presence of whites in most senior positions in Scotland. Although the said video was from June 2020, when Yousaf was Scotland’s Health Minister his anti-white monologue was alarming. Amidst the global outrage over American African man George Floyd’s murder, Yousaf in the barb of addressing ‘social injustice’ and lack of black people in top government positions, exposed his anti-White mindset and suggested that the white people dominate government and parliamentary positions.

“Most senior positions in Scotland are filled almost exclusively by people who are white the Lord President, Lord Justice Clerk and Solicitor General in the justice department, and the chief medical officer, chief nursing officer and chief social work adviser in the health department…Almost every trade union in this country (is) headed by people who are white. In the Scottish Government, every director general is white. Every chair of every public body is white…” Yousaf said.

Humza Yousaf was angry over white people holding top positions in government in a country which has over 90% white population.

FM Yousaf gave away Scottish people’s money to Hamas-linked UNRWA to support his co-religionists in Gaza

In March this year, Humza Yousaf gave £250,000 money to the United Nations Relief and Works Agency (UNRWA), the largest aid agency operating in Gaza. Yousaf had no qualms in squandering the Scottish taxpayer’s money to an agency having links with Palestinian terrorist group Hamas which in October last year brutally killed thousands of Israeli civilians. Yousaf’s decision came despite his officials recommending donating £100,000-£200,000 to UNICEF for a water programme. Yousaf had faced severe backlash over this decision. His interference in the allocation of funds to aid agencies was seen as a conflict of interest and a breach of the ministerial code.

It is pertinent to mention here that several UNRWA staff members were accused of being involved in the 7th October terrorist attack on Israel by Hamas. Following the outrage over this, the UN agency terminated the contracts of its accused employees. In February this year, the Israeli military said that it uncovered a Hamas tunnel under UNRWA (United Nations Relief and Works Agency for Palestine Refugees) school.

Interestingly, Yousaf’s mother-in-law and father-in-law were trapped in Gaza last year as the Hamas-Israel conflict broke out. Reports say that on November 2nd Yousaf met a delegation of UNRWA in Edinburgh as well as publicly announced the donation to UNRWA and the very next day his family was given a safe passage out of Gaza via Rafah crossing.

Navi Mumbai: Hindu woman killed, chopped into pieces and stuffed in a suitcase by lover Nizam after she finds he was already married, had a child

A 27-year-old woman discovered deceased and wrapped in a blanket in Uran town, Navi Mumbai last week, was reportedly engaged in a four-year relationship with the suspect, Nizam, as per a report published by CNN News 18.

Reportedly, the suspect, identified as Nizam, a taxi driver, picked up the victim, Poonam Kshirsagar, from Mankhurd and drove her to Khadavli in the Kalyan area of Thane district on April 18.

Poonam was allegedly killed on April 19, and her body was abandoned at Talekhar along Chirner-Kharpada in the Uran area. Locals discovered her decomposed remains on April 25, according to police reports.

Following an investigation, police confirmed the identity of the body as Poonam’s, whose family had filed a missing person report on April 19.

Nazim, hailing from Lucknow, Uttar Pradesh, has since been apprehended by the authorities.

Reportedly, Poonam was unaware of Nazim’s marital status until she discovered he was married and had a child, leading to a confrontation over the phone that escalated into a tragic incident.

Maharashtra Cabinet Minister and Bharatiya Janata Party (BJP) leader Mangal Prabhat Lodha, after meeting with the victim’s family, claimed that Nizam transported her to Kalyan where he allegedly murdered her, then disposed of her body in a remote location.

Lodha, who serves as Mumbai Suburban Guardian Minister, emphasized that this marks the third such incident in Mumbai and stressed the importance of addressing illegal immigrants from Rohingyas and Bangladeshis in the city.

He also pledged to ensure justice for Poonam, warning of potential unrest if swift action is not taken against the perpetrator within 24 hours.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Screenshot from the WhatsApp Group

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Further details are awaited. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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