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Illegal Mining Case: Samajwadi Party president Akhilesh Yadav to skip CBI summons, party says he has no other plans except a PDA meeting

OpIndia Staff
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Illegal Mining Case: Samajwadi Party president Akhilesh Yadav to skip CBI summons, party says he has no other plans except a PDA meeting

Akhilesh Yadav, president of the Samajwadi Party (SP) and former chief minister of Uttar Pradesh is reportedly going to ignore the Central Bureau of Investigation’s (CBI) summons to appear before the agency in Delhi on 29th February regarding an illegal mining case in the state’s Hamirpur region between 2012 and 2016. Akhilesh Yadav received a notification from the central agency on 28th February asking him to testify as a witness in the matter, however, he reportedly decided not to follow through.

Akhilesh Yadav has no plans to go anywhere except to attend the PDA “Picchda (backward classes), Dalit and Alpsankhyak (minorities)” meeting that is scheduled to take place at the party office in Lucknow, according to Samajwadi Party leaders. Samajwadi Party’s backward wing state president Rajpal Kashyap stated, “Akhileshji will attend a meeting of PDA at the party office today.” Party spokesperson Rajendra Chowdhury confirmed, “He is not going anywhere. He will be attending a meeting in Lucknow.”

He further claimed, “I don’t have detailed information regarding this,” in reference to the CBI notice and added, “But it is sure, he is not going to Delhi today.” The CBI has requested Akhilesh Yadav to present himself before the agency in a notice delivered under section 160 of the Code of Criminal Procedure (CrPC), according to officials. A police officer conducting an investigation could summon witnesses under this clause. A senior official aware of the development noted, “He is not the accused. He is a witness.”

The cases deal with the mining leases that were allegedly issued without following the e-tendering process that the Samajwadi Party government ordered on 31st May 2012. The investigation was ordered by the Allahabad High Court. During his tenure as chief minister from 2012 to 2016, it is alleged that public employees permitted illicit mining and unlawfully extended licenses in defiance of the National Green Tribunal’s mining ban.

The CBI highlighted that on 17th February 2013, the Chief Minister’s office approved 13 projects in a single day, circumventing the e-tendering procedure. Akhilesh Yadav oversaw the mining portfolio from 2012 to 2013 after which Gayatri Prajapati was appointed to the position. There are accusations that Gayatri Prajapati, the former minister of mining, unlawfully issued new leases and extended those that already existed in a way that resulted in significant losses for the state coffers and unjustified profit for him and his allies.

The Delhi unit of the CBI’s Anti-Corruption Branch received the case. A mining officer named Moinuddin, a mining clerk named Ram Ashrey Prajapati, an IAS officer who was then District Magistrate (DM) Hamirpur B Chandrakala, and nine other individuals were among the eleven people the CBI had searched in January 2019 in relation to the purported scam. According to the case, the accused permitted the mining of minor minerals as part of a criminal conspiracy to steal the minerals and extort money from the leaseholders and the drivers of the trucks that were delivering the minor minerals.

Akhilesh Yadav in response to the CBI summons alleged on 28th February that the 2019 case was launched with political intent in advance of the impending Lok Sabha elections. “The SP is on the maximum target (of the BJP). In 2019, I got a notice on some matter as there were Lok Sabha polls then. Now, when the election is approaching again, I am getting a notice again. I know, when the election comes, notice will also come. Why this nervousness? If you (BJP) have done a lot of work in the past 10 years, why are you nervous,” he asked.

The case involved the filing of a formal complaint against eleven individuals who permitted illicit mining activities in defiance of a National Green Tribunal mining prohibition. The charges included criminal conspiracy, theft, extortion, cheating, attempt to commit offences and misconduct. Following an order from the Allahabad High Court in 2016, the CBI began the investigation.

As part of its seven Preliminary Enquiries (PEs) filed in 2017 per the Allahabad High Court’s ruling, the agency was looking into illicit mining in the districts of Shamli, Hamirpur, Saharanpur, Deoria, Fatehpur, Siddharth Nagar, and Kaushambi. Three of the First Information Reports were filed in January 2019. “The role of then mining ministers concerned during the relevant period may be looked into during the course of investigation of the case,” The official complaint highlighted.

Indore: Former Congress councillor Anwar Qadri enters a journalist’s house with a gun, thrashes him, case registered

OpIndia Staff
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Indore: Former Congress councillor Anwar Qadri enters a journalist’s house with a gun, thrashes him, case registered

In Madhya Pradesh’s Indore district, Congress leader Anwar Qadri who is a former councillor from Sadar Bazaar, assaulted a journalist in the Badwali Chowk area over a WhatsApp message on Thursday (29th February). The victim has been identified as Javed Khan, a resident of the Sadar Bazaar police station area.

As seen in the CCTV footage of the incident, Congress leader Anwar Qadri arrived at the house of journalist Javed Khan carrying a gun in his hand along with his supporters. Anwari Qadri entered the journalist’s house and thrashed him while the journalist’s family members intervened. Reportedly, some women were also assaulted during the altercation on Thursday.

Reports say that the Congress leader attacked journalist Javed Khan days after he published news on WhatsApp about Anwar Qadri’s alleged illegal properties.

Following the attack, journalist Javed Khan lodged a complaint at Sadar Bazaar Police Station against Congress’s former councillor accusing him of assaulting him and his family. Subsequently, the police registered an FIR under relevant sections of the IPC and launched an investigation into the matter. The accused Congress leader and his associates are yet to be arrested. Meanwhile, the police are conducting searches to nab the accused.

According to a NaiDunia report, the accused Congress leader arrived at victim Javed’s house along with his aides Zubair, Aneesh Qureshi and Aslam. As Anwar Qadri started hurling abuses at the victim, his mother Zohra intervened, however, the accused misbehaved with her as well. The report says that a case was registered against the accused after the victim’s medical examination was conducted. Additional DCP zone-1 Alok Sharma said that a case has been registered against the four accused.

Meanwhile, Anwar Qadri has also submitted a complaint against Javed accusing him of blackmailing and threatening him over phone calls after circulating several WhatsApp messages about him.

Jihad just means struggle, not holy war – New York City Education Department’s training sessions try to whitewash Jihadi hate crimes

Anurag
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Jihad just means struggle, not holy war – New York City Education Department’s training sessions try to whitewash Jihadi hate crimes

On Tuesday, 27th February, New York City’s Department of Education (DOE)’s training sessions for teachers on understanding and combating anti-Muslim bias sparked controversy as it propagated that jihad means “struggle” and “effort” rather than a synonym for holy war. Jewish Chronicle first reported the sessions that led to a divide among the educators and the broader community. The Jewish teachers who attended the session in question titled “Understanding Muslim Experiences and Combating Anti-Muslim Bias” criticised the portrayal of concepts such as jihad and the interpretation of Sharia law.

The DOE’s training sessions are part of a more extensive anti-discrimination program where educators learn about different concepts. In these sessions, the educators were informed that jihad primarily signified “struggle” or “effort” rather than being a synonym for holy war. The examples that were used to explain jihad included personal struggles for fitness or building friendships, which practically detached the term from its violent associations with extremist groups. “Jihad is the Muslim concept of striving in the path of God,” the host reportedly said.

As per the New York Post’s report, some of the examples of explaining jihad during the sessions included “My jihad is to never settle short of my best effort”, “My jihad is to not judge people by their cover”, and “My jihad is to build friendship across the aisle”. The portrayal of jihad neglected the complexity of the issue and the historical use of the term to promote violence.

Another educator told the New York Post, “Jihad may mean struggle, but it’s disingenuous to omit that it is commonly used to mean holy war and then to say that the media outlets who use it that way just control the narrative.”

Jewish educators and critics voiced concerns over the interpretation. One of the Jewish teachers remarked that such re-definitions have potential danger to society and said, “They are trying to normalise jihad, but we have to address the elephant in the room; that for many radical Muslims, it means violence. It’s like genocide doesn’t mean genocide anymore, and terrorist means freedom fighter. When someone hears a word like jihad, they now associate it with a struggle to go to the gym rather than violence. How will they be able to spot dangerous and violent ideologies?”

Their sentiments reflected a broader apprehension that DOE might want to inadvertently obscure the understanding of the radical ideology in the classrooms. Moreover, discussion on Sharia law during the sessions also faced criticism as it overlooked the stringent applications in specific regimes. For example, there are documented incidents of brutal punishments and human rights violations where Sharia law is in place. The moderators who conducted the sessions focused on personal religious observance of Sharia. However, educators attending the sessions felt they failed to address the complex realities and criticisms of Sharia law and its broader implications on society.

These sessions are being held in the aftermath of the Palestinian Islamic terrorist organisation Hamas’s terrorist attack in Israel in October 2023, killing over 1,300 people, including women, children, elderly and foreigners. DOE has also planned workshops on antisemitism, but that does not mean that the department should be allowed to water down the real-world implications of jihad and Sharia law.

Jewish teachers living in New York City have reported that they experienced antisemitism and bias, underscoring the concerns about their safety. The lack of action from the administration over such behaviour has led to a significant challenges for the Jewish community.

MyJihad campaign to ‘reclaim jihad’

The “MyJihad” campaign was conceptualised in 2012 by Ahmed Rehad, executive director of the Council on American-Islamic Relations (CAIR) Chicago. Reportedly, the aim was to reclaim the term from “extremists”. The campaign encouraged Muslims and non-Muslims alike to use the hashtag “MyJihad to reflect the “spiritual struggle” within. One of the phrases used during the campaign was “#MyJihad: modesty is not a weakness. What’s yours?” It featured a Muslim woman wearing a hijab and carrying a dumbbell.

MyJihad’s Facebook page has been running a “Free Palestine” campaign. Interestingly, CAIR is a Hamas-linked organisation that has extensively worked on whitewashing crimes done in the name of jihad. In January 2023, the organisation asked the USA to stop using the term “terrorist watchlist” as it contained primarily Muslim names. In December 2022, CAIR‘s Ibrahim Hooper blamed “Hindutva” and “Islamophobia” in India after a mob of Muslims beat a Muslim couple for watching the Kannada film Kantara. It was propagated that Hindus beat up the couple, but in reality, it was a Muslim mob that attacked them.

CAIR and its anti-India propaganda

Notably, CAIR identifies itself as a Muslim civil rights organisation in the United States that claims to protect ‘civil rights, enhance understanding of Islam, promote justice, and empower American Muslims’, The fact, however, is that CAIR is an Islamist group that has spoken against India and Hindus on several occasions. The organisation has been vehemently pushing Hinduphobia and anti-Hindu propaganda in India.

In 2022, CAIR released a report titled “Still Suspect: The Impact of Structural Islamophobia”, in which it said that there has been a rise in discrimination against Muslims living in the United States.

In its report, CAIR claimed that it had received 6,720 complaints nationwide last year involving a range of issues, including immigration, travel discrimination, law enforcement, government overreach, hate and bias incidents, custody rights, school incidents, and free speech incidents.

The CAIR claimed that government discrimination and bias continue to have a disproportionate effect on American Muslims and further demonstrate that Islamic communities continue to be viewed with suspicion. The report also listed the impacts of severe structural and interpersonal Islamophobia in the United States.

Ironically, CAIR, which always complains about alleged Islamophobia in the United States, has been aggressively promoting Hinduphobia and anti-Hindu propaganda in India. We are aware of how CAIR had extended support for the extremely Hinduphobic ‘Dismantling Global Hindutva‘ conference.

Not only this, but in December last year, CAIR had reportedly taken offence at the display of the names of the LeT terrorists and scenes from the deadly 26/11 terror attack that were displayed on a mobile billboard truck in New Jersey. While calling the movement of the vehicle ‘deliberate and well co-ordinated’, CAIR criticised the broadcast of 26/11 footage as ‘messages of hate.’ This was despite the fact that the mobile billboard truck did not display anything contentious but the truth.

In January 2022, CAIR launched Hinduphobic propaganda based on a report by alleged journalist Rana Ayyub. In a press release, CAIR demanded the movie theatres not to release Sooryavanshi, a Hindi movie. In the press release, CAIR alleged the movie spreads “disgusting and dangerous” anti-Muslim propaganda inspired by the fascist Hindutva movement.

The organisation has also called for the release of 49-year-old Pakistani terrorist Aafia Siddiqui, who is currently serving 86 years in prison for attacking US Army and FBI personnel in Afghanistan.

The Islamist organisation and its link with terror outfit Hamas

It is noteworthy that CAIR has links with the Palestinian Islamist fundamentalist terror organisation Hamas. Hamas has a long history of violating human rights. Hamas is designated as a terrorist organisation by several countries, including The European Union, the United States, Canada, Israel, Japan, Australia, the United Kingdom etc. 

7th October terrorist attacks by Hamas on Israel

On 7th October, Hamas terrorists launched an all-out attack on Israel from sea, land, and air. At least 5,000 rockets were launched into Israel from Gaza, and tunnels were used to breach the Israeli territory and butcher Israeli civilians, particularly in the border villages. A music festival hosting more than 200 people was turned into a slaughter ground with many women raped, mutilated and abducted to Gaza. At least 1,300 people, including some foreign nationals, babies, women and senior citizens, died in the attacks. More than 200 were abducted and taken to Gaza. Following the attack, Israel launched a counterattack to eliminate Hamas. The Israel-Hamas war entered its 144th day on 29th February 2024.

Karnataka Police detains Md Shafi for raising pro-Pakistani slogans during RS poll celebration, Altnews and Priyank Kharge had said no pro-Pak slogans were raised

OpIndia Staff
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Karnataka Police detains Md Shafi for raising pro-Pakistani slogans during RS poll celebration, Altnews and Priyank Kharge had said no pro-Pak slogans were raised

The Karnataka police on Thursday, February 29, detained Mohmad Shafi Nashipudi in connection with the case of raising pro-Pakistani slogans in the Vidhana Soudha, following the victory of Congress candidate Syed Naseer Hussain. Mohmad Shafi is reportedly a trader and supporter of the Congress MP and was present in the Vidhana Soudha with Syed Nasser Hussain, the political secretary of Congress President Mallikarjun Kharge, in the celebration after the Rajya Sabha election victory.

ANI quoted the Byadagi police as saying that Mohmad Shafi Nashipudi has been detained and the Police collected his voice sample and took him to analyse the voice in the alleged pro-Pakistan slogan video. He was present in Vidhana Soudha with Syed Nasser Hussain in the celebration after the Rajya Sabha election victory.

The action came after the BJP unit of Karnataka filed a complaint at the Vidhana Soudha Police Station on Tuesday (February 27) night alleging that supporters of Rajya Sabha (Upper House) member Syed Naseer Hussain raised pro-Pakistan slogans following his election victory. 

After the state unit of BJP flagged the issue, dubious ‘fact-checker’ Mohammed Zubair (@zoo_bear), who often comes in support of Islamists and those who are patently against the interests of India, took to X to refute the allegation. In one of the several posts Zubair posted on the matter, he shared screenshots of various media reports that reported the matter and wrote, “Kannada News Channels are propagating the lie of ‘Pakistan Zindabad’ slogans being heard. The supporters of @NasirHussainINC said ‘Nasir Saab Zindabad’. The lies by the News channels is picked up by BJP leaders like @ShobhaBJP @RAshokaBJP @BYVijayendra in Karnataka. Even the reporters present there have denied pro-Pakistan slogans were raised.”

Zubair prior to this had shared the video of the incident and posted, “A video of @NasirHussainINC’s supporters saying ‘Nasir Saab Zindabad’ is reported/shared by several Kannada News Channels with the claim that it is ‘Pakistan Zindabad’. The same is now getting shared by several BJP supporters.”

Several Congress leaders also joined the bandwagon. Karnataka Minister of Information and Technology Priyank Kharge also vehemently refuted the allegation and accused the BJP of using the pro-Pakistan slogan issue to escape from facing challenges. “It is very clear in the audio that they have said Naseer Hussain and Syed Sahab zindabad…This is nothing but a desperate measure for the BJP to get back in the game. The party has done an audio forensic check and it is found that there is nothing like that. The govt’s FSL report is expected by 11 am…” he told the media.

Similarly, Congress MP Randeep Singh Surjewala also used the opportunity to attack BJP. “Frustrated & demoralised by their resounding defeat in the Rajya Sabha elections in Karnataka, BJP leaders are peddling their favourite set of lowly lies of Pakistan Zindabad slogans being raised by supporters of Congress MP,” Surjewala wrote on X.

However, the Karnataka police have today detained Mohmad Shafi Nashipudi and are analysing his voice sample as part of the investigation into the case. While the police are probing the case, it will be interesting to recall how last year a similar situation occurred.

Hours after the Congress won the Karnataka Vidhan Sabha elections, a video of a mob of party supporters allegedly shouting ‘Pakistan Zindabad’ went viral on social media.

The video was said to have been recorded in the Belagavi Uttar Assembly constituency, following the victory of Congress candidate Asif Sait. A copy of the contentious footage was posted on Twitter by popular user ‘Befitting Facts,’ as he rubbished the claims. The archive of his tweet can be accessed here.

Propaganda Twitter handle ‘Drunk Journalist’ even went on to post two variants of slogans, which he claimed were raised by the group of Congress party supporters – ‘Asif Sait Zindabad’ and ‘Raju Sait Zindabad.’

Then too, Zubair courted controversy by ‘quote tweeting’ a video by a user ‘total_woke’ and claiming that the police personnel were asking the mob to not speak against another candidate.

In the meantime, a report from the Kannada newspaper ‘Prajavani’ emerged. As per the report, the local police acknowledged the allegations about the chanting of pro-Pakistan slogans by a mob of people.

Zubair, who had earlier tried to suggest that there was no evidence of contentious sloganeering, was quick to do a u-turn to try and mitigate the blatant unverified news that he was attempting to spread to defend Islamists who had potentially raised pro-Pakistan slogans.

West Bengal: Police raids ABP Ananda journalist Prakash Sinha’s house, days after HC stayed FIR against channel’s anchor Suman De

OpIndia Staff
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West Bengal: Police raids ABP Ananda journalist Prakash Sinha’s house, days after HC stayed FIR against channel’s anchor Suman De

On 29th February, West Bengal police reached the house of ABP Ananda journalist Prakash Sinha before 6 AM and initiated a search operation. A police party from Narendrapur police station raided his house in Kolkata. They did not explain the reason behind the raid and stopped everyone from entering the residence.

ABP report said that the Police reached Sinha’s residence before 6 AM and started the search operation around 7 AM. Only those who came for work and presented their identity cards could enter the house. The police barricaded the gate and didn’t allow others to enter.

Later the police claimed that the search was in relation to complaints of fraud and violation of the Wetland Conservation Act, saying that a case was registered against Prakash Sinha at the Narendrapur Police Station. According to the police, the complainant said that he had given money to some people to buy a flat, but he didn’t get the flat as promised. Police said that searches have been conducted at several places in relation to the case. However, it is not clear if the journalist is accused of receiving the money.

However, the police reportedly found nothing to seize from the journalists. They however transferred some data from pen drive and laptop before leaving the house. The police team left the house at around 11 am after concluding the search.

Talking about the search, Prakash Sinha’s wife Shweta Sinha said that when the police team arrived, Prakash had gone for a morning walk as per his daily routine, and the other members of the family were sleeping. She said that a team of 10 to 12 cops visited the house, and they searched everything. She added that their daughter, who is appearing in high secondary exams, fainted twice after seeing so many policemen in the house.

This is the second ABP journalist to be targeted by the West Bengal police in this month. ABP Ananda news anchor Suman De was booked under Sections 153 and 505 of the IPC for making allegedly misleading claims pertaining to the Sandeshkhali protests on his Bengali news show ‘Ghantakhanek Songe Suman’. He accused of “promoting enmity” and “conducting public mischief” in a complaint filed by Sandeshkhali police Sub-Inspector Mohd Monaim Hassan.

It was alleged that Suman De had repeatedly said in his show that police didn’t seek custody of two persons arrested in relation to the Sandeshkhali events. Police said that this was false information.

However, the Calcutta High Court on Monday stayed the FIR and all proceedings against the journalist, saying that bona-fide mistake in reporting does not constitute real offence. De’s counsel had argued in the court that the mistake was an error without any mala fide intention as it was rectified multiple times and repeated apologies were made. The counsel said that the criminal case was filed after the journalist had tendered unconditional apology in his show.

BJP condemned raid on house of Prakash Sinha

Criticising the police action, Bharatiya Janata Party (BJP) leader Suvendu Adhikari said that the raid at the house of journalist Prakash Sinha was a “concentrated attack on the Fourth Pillar of Democracy by the Fascist Mamata Govt”.

In a post on X, he condemned the police action and wrote, “The concerted attack on the Fourth Pillar of Democracy by the Fascist Mamata Govt continues… West Bengal police surrounds ABP Ananda TV  Journalist/Correspondent Shri Prakash Sinha’s home. Mamata Banerjee wants to stifle FREE PRESS. Either the media personnel must sing her paeans, or she will put them behind bars. She has been threatening the media personnel for quite some time now, asking them to fall in line. Now, she has unleashed the Police on them. I condemn this ongoing attack on the Media and blatant misuse of Police for intimidation and scaring the people associated with the News Media. It seems Mamata Banerjee hasn’t learned her lesson even after repeated denunciation by the Hon’ble Courts.”

Republic TV journalist covering Sadeshkhali arrested by WB police

On 19th February, Bengal police forcefully detained and apprehended Republic TV journalist Santu Pan, who was actively reporting on the Sandeshkhali incident. In the footage, numerous heavily armed police officers were observed shoving and rough-handling the journalist before forcibly removing him. Earlier, Leader of the Opposition Suvendu Adhikari informed the Republic, “There’s utter chaos in Sandeshkhali. Women are being prevented from expressing themselves.”

Besides his relentless coverage of Sandeshkhali, Pan is known for asking hard-hitting questions to TMC strongman Abhishek Banerjee. His wife approached the National Human Rights Commission of India (NHRC) the next day. The complaint copy details how the Mamata Banerjee government is stifling the voices of journalists and the media that has been trying to bring forth accounts of multiple women victimised by TMC leader Shahjahan Sheikh and his aides in Sandeshkhali.

On 21st February, he was moved from Sandeskhali police station to an undisclosed location late at night. The men escorting him had covered faces, and their uniforms had no insignia.

On 22nd February, he was granted bail by the Calcutta High Court. The court has also stayed the probe against him. The Calcutta High Court said there is no clear explanation of the allegations against Republic Bangla reporter Santu Pan. The court focused heavily on the Mamata Banerjee government, asking, “Why this FIR shouldn’t be quashed”.

The court said, “Feel sorry for police officers. You have not been able to arrest real culprits. You are after an innocent journalist while the people who are not caught are making a mockery of the law. You want to put all your energy after this innocent journalist”.

Rajasthan: TADA court in Ajmer acquits Abdul Karim Tunda, main accused of the 1993 train blasts

OpIndia Staff
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Rajasthan: TADA court in Ajmer acquits Abdul Karim Tunda, main accused of the 1993 train blasts

On Thursday (29th February), a TADA (Terrorist & Anti-disruptive Activities Act) court in Ajmer acquitted Abdul Karim Tunda in the 1993 train blast case. TADA court has, however, held the other two accused Irfan and Hamiduddin guilty. The court sentenced both of them to life imprisonment. The court set Abdul Karim Tunda free of all charges citing a lack of evidence.

These blasts took place at various places in India in 1993 when it marked the first anniversary of the demolition of the disputed Babri structure at Shri Ram Janmabhoomi in Ayodhya. Tunda, a close aide of Dawood Ibrahim, and two others, faced charges for orchestrating the blasts.

The TADA court had accused Abdul Karim Tunda, aged 81, and a prominent associate of Dawood Ibrahim, along with two others, Irfan alias Pappu and Hamiruddin, on 30th September 2021. The blasts took place in Lucknow, Kanpur, Hyderabad, Surat, and Mumbai on the intervening night of 5th and 6th December 1993.

The blasts on three New Delhi and Howrah bound Rajdhani Express trains, Surat-Baroda Flying Queen Express, and Hyderabad-New Delhi AP Express killed two people and wounded at least 22 others. Earlier, on 23rd February, the court had reserved its decision after hearing both sides in this case.

A total of 17 accused were arrested in the case. Abdul Karim Tunda was arrested from the Nepal border in 2013. A case was registered against all the accused under the TADA Act, Explosive Substances Act, Prevention of Damage to Public Property Act, the Indian Railways Act, and various other sections of the IPC. More than 150 people have testified in the case so far.

Abdul Karim Tunda is a resident of Hapur district of Uttar Pradesh. He used to work as a carpenter in Pilkhuwa. He is allegedly associated with the dreaded terrorist organisation Lashkar-e-Taiba. It is also said that he has received training from Pakistan’s intelligence agency ISI.

Mumbai: POCSO court sentences transgender person to death for kidnapping, raping, and killing a 3-month-old girl for not getting ‘bakshish’

OpIndia Staff
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Mumbai: POCSO court sentences transgender person to death for kidnapping, raping, and killing a 3-month-old girl for not getting ‘bakshish’

On Tuesday (27th February), a court in Mumbai sentenced a 24-year-old transgender to death for kidnapping, raping, and murdering a three-month-old girl in Cuffe Parade area of Mumbai in 2021. The court said that the offence committed by the convict was rarest of the rare terming it barbaric and inhuman. Special judge of the Prevention of Children from Sexual Offences (POCSO) court, Aditee Kadam pronounced the decision.

While giving the verdict, Special Judge Aditee Kadam said, “Life sentence is a rule, and death sentence is an exception, only to be awarded in the rarest of rare cases. This crime smacks of the degradation of a girl child, depravity, and perversity. The barbaric and inhuman manner in which the offence was committed has made it the ‘rarest of rare cases’.” She added, “The accused had planned in advance to commit the crime and executed it in a meticulous manner.”

According to the inquiry, the accused visited the girl’s family and asked for a gift including a saree, coconut and Rs 1,100 to bless the newborn child, citing that it is usual among certain segments of the transgender community. However, the family turned down to offer anything because they were unable to give due to the COVID-19 pandemic situation. The accused then developed a resentment against the family. Later, on 8th July 2021, the accused abducted the newborn while her family was sleeping, raped her, and drowned her in a nearby creek. He was aided by a co-accused. The judge acquitted the co-accused of all charges.

The child’s remains were discovered the following morning in a marshy area near a creek close to their residence, guided by information provided by the accused. A witness testified that he came across the infant while fishing at Sassoon Dock around 2 a.m. The girl’s mother lodged a complaint. She said in her testimony, “The accused had come to the house around 8 p.m. asking for bakshish (gift) in the form of a 9-yard saree, coconut, and 1,100 on the birth of a girl child. We did not give him anything. While leaving, he threatened us that he would do something in five-six days which would make him famous.”

The accused’s advocate argued that his client has no criminal history and is an ignorant transgender person who relies on public contributions. The lawyer pleaded with the court to examine the accused’s personality, as evidenced by his age, character, other circumstances, and willingness to rehabilitate, as a significant factor in determining the punishment.

The court observed, “It is a crime that would send a chill down the spine of every parent of a girl child, especially in a poor vicinity. The perversity in the mind of the accused is apparent when a budding infant/girl child is exterminated in a very ghastly and shocking manner, the social fabric gets permanently damaged beyond repair.”

The court further said, “The accused committed the murder of an infant who was only three months old and even her family had no previous enmity with him. There was absolutely no provocation on their part to instigate the accused to take the life of an infant and to commit such a gruesome offence with her.”

The father of the victim expressed satisfaction over the speedy judicial procedure and the sentence awarded to the convict. He said, “The trial progressed quickly, and we are satisfied with the decision. Justice has been delivered.” Public prosecutor RV Tiwari argued on behalf of the complainants.

“No sympathy for that person”: Calcutta HC declines to list bail plea of TMC strongman Sheikh Shahjahan urgently, says his lawyer will be busy for 10 years

OpIndia Staff
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“No sympathy for that person”: Calcutta HC declines to list bail plea of TMC strongman Sheikh Shahjahan urgently, says his lawyer will be busy for 10 years

After weeks of Sheikh Shahjahan attacking ED officials and the Sandeshkhali women protesting against the TMC leader for raping them and grabbing their lad, the West Bengal Police finally arrested the TMC strongman on early hours of Thursday. Following the arrest, Shahjahan’s lawyers approached the Calcutta High Court with a bail plea. However, the court refused urgent listing of the plea, and came down heavily on the politician for absconding for almost two months before his arrest.

Sheikh Shahjahan’s lawyers contended that the matter was extremely urgent, and prayed that the plea for regular hearing should be listed as an urgent motion. After hearing the arguments, a division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya refused the plea for an urgent hearing, asking the counsel to come to the court on Monday.

The bench said that there are so many cases filed against Sheikh Shahjahan that the lawyer will be busy with his cases for the next 10 years, and he will not have time for any other case. The court noted that apart from as many as 42 cases filed against him, Sheikh was also absconding for a long time. The court categorically noted that it has no sympathy for the TMC leader.

The court remarked, “Let him be arrested. For the next 10 years, this person will keep you very busy. You won’t have any time for any other brief. 42 cases have been registered against him, he had been absconding as well. You come on Monday. Anything you want you come on Monday, we have got no sympathy for that person.”

Sheikh Shahjahan was arrested by West Bengal police from the Minakhan area in North 24 Parganas. He was picked up after midnight, and formally arrested in the morning. He was produced before Basirhat Court after the arrest, and the court granted police custody of 10 days for interrogation, even though the police sought 14 days. He will be produced before the court on 10th March.

Sheikh has been arrested under several sections of the IPC including 147 (rioting) and 148 (armed with weapon).

Notably, police claimed that Sheikh Shahjahan has been arrested after court lifted stay order on is arrest. ADG (South Bengal) Supratim Sarkar said, “There was a legal obligation to arrest Shahjahan Sheikh. However, the arrest came only after the court lifted the stay order.”

However, this version is clearly wrong as the High Court ruling had clarified multiple times that there is no stay order on his arrest. Taking the matter suo moto, the court had said that West Bengal police, CBI and ED are free to arrest Sheikh Shahjahan. The court had said that earlier stay order was only constitution of a SIT to probe the matter comprising members of CBI and the state police, and there was no stay order on the arrest.

On 20th February, the Calcutta High Court slammed the Mamata Banerjee-led-West Bengal government for failing to arrest ‘absconding’ Trinamool Congress (TMC) leader Sheikh Shahjahan, responsible for the violence and unrest in Sandeshkhali village. During the hearing, the court observed, “He (Sheikh Shahjahan) cannot be encouraged by State dispensation. There is a prima facie material to show he has done damage…”

“This person cannot be on the run. Obviously, there will be law and order problem. He is a public representative. He cannot be defying law. Let’s see whether he can appear before the Court,” the court had noted.

The Calcutta High Court then directed the accused Trinamool Congress leader to surrender before the law enforcement authorities. “In the suo motu matter, we will ask him to surrender here… One person cannot hold entire population to ransom,” the court said.

Himachal Pradesh political turmoil: 6 Congress MLAs who cross-voted during the Rajya Sabha elections disqualified

OpIndia Staff
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Himachal Pradesh political turmoil: 6 Congress MLAs who cross-voted during the Rajya Sabha elections disqualified

On February 29, Thursday, Himachal Pradesh Assembly speaker Kuldeep Singh Pathania disqualified the six rebel Congress MLAs and three independents who cross-voted during the Rajya Sabha elections for violating the whip and skipping the budget session. The six leaders cease to be members of the Himachal Pradesh Assembly with immediate effect.

The decision came after the Congress party moved the state’s Assembly Speaker seeking the disqualification of the six rebel MLAs. The petition was filed by Congress MLA and Parliamentary Affairs Minister Harsh Wardhan Chauhan under the anti-defection law.

Speaking to news agency ANI, the speaker said, “Six MLAs, who contested on Congress symbol, attracted provisions of anti-defection law against themselves. I declare that the six people cease to be members of the Himachal Pradesh Assembly with immediate effect.”

Cross-voting during Himachal Pradesh Rajya Sabha Elections

On February 27, voting for 56 Rajya Sabha seats from 15 states occurred. In Himachal Pradesh, there was just one Rajya Sabha seat, which the BJP President J P Nadda vacated.

Before the Rajya Sabha Assembly polls, the Congress party had issued a whip urging all MLAs to vote for the party’s nominee, Abhishek Manu Singhvi. The BJP then criticised the measure, claiming that parliamentarians have the freedom to vote based on their views.

Due to internal party unrest, however, 9 MLAs cross-voted on Tuesday resulting in the loss of the Congress party candidate Abhishek Manu Singhvi and the win of BJP’s Harsh Mahajan. These included Rajendra Rana, an MLA who had been demanding the ouster of Sukhu as CM.

Congress has been in power in the state and has 40 MLAs, besides the support of three independent MLAs, in the 68-member house. Despite the numbers, the Congress candidate Abhishek Manu Singhvi lost the Rajya Sabha seat leaving the Sukhvinder Singh Sukhu-led administration in jeopardy.

Is the arrest of Sheikh Shahjahan by Bengal Police hogwash to avoid central agencies getting custody? Here is what HC had said only recently

OpIndia Staff
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Is the arrest of Sheikh Shahjahan by Bengal Police hogwash to avoid central agencies getting custody? Here is what HC had said only recently

Sheikh Shahjahan, the Trinamool Congress (TMC) leader accused of sexual violence and land grabbing by multiple women in West Bengal’s Sandeshkhali, was arrested on Thursday (29th February) morning by the Bengal Police after 55 days of the run from police. Pertinently he has been arrested for orchestrating an attack on ED and not for the sexual assault and rape complaints filed by the women of Sandeshkhali.

The 53-year-old TMC goon was apprehended in the Minakhan area of North 24 Parganas and will appear in court today, according to senior police officer Aminul Islam Khan. “We arrested Sheikh Shajahan yesterday night from the Minakhan PS area. We will ask for Police remand, let’s see how it goes,” added ADG (South Bengal) Supratim Sarkar.

“Sheikh Shahjahan, one of the principal accused in a case which happened on January 5, 2024, where ED officers were assaulted during the course of a raid they were conducting,” South Bengal ADG Supratim Sarkar said during a press conference following the arrest.

On the issue of sexual assault complaints filed in Sandeshkhali, Sarkar said that the cases filed by the women pertain to incidents that are said to have happened 2-3 years back. “Investigating the cases, and collecting shreds of evidence would take a reasonable amount of time. The investigations are underway,” he added.

What the High Court said about Sheikh Shahjahan, giving ED and CBI the right to arrest him

The arrest came three days after the Calcutta High Court chastised the state police for delaying action against the Trinamool leader, stating that “he should be arrested”. This also comes a day after the Calcutta High Court ruled that central agencies such as the Central Bureau of Investigation (CBI) or the Enforcement Directorate (ED) would be free to arrest Sheikh, the key accused in cases of land grab and sexual harassment that surfaced following violent protests in Sandeshkhali island of North 24 Parganas district.

A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya gave the clarification after being informed by ASG SV Raju that the CBI suspected the State police of colluding with Shahjahan, who had been missing for more than 50 days. 

“The ASG apprehends that if the State police make an arrest, there is a likelihood of the case being diluted as the CBI and ED have serious reservations against the State police and there is an allegation of collusion with the absconding accused. The AG has disputed such contention. The concerned person has not been apprehended for a substantial period. As of date, what has been stayed is only the constitution of an SIT Therefore it is well open to the CBI or ED also to arrest the absconding accused. Equally so, there are other cases registered against the same accused, where he has been shown as absconding. Therefore, a person elected to public office cannot defy the law. It is open to any agency to arrest the concerned person,” the bench stated on 28th February.

Notably, amid the ongoing controversy, West Bengal BJP leader Suvendu Adhikari had said that Shahjahan would be in ‘safe custody’ of the state police under Mamata Banerjee’s government. He stated that Shahjahan had managed to lock a deal with the state police who would be providing five-star facilities to him during his custody.

“The Scoundrel of Sandeshkhali – Seikh Shahjahan has been in the safe custody of Mamata Police since 12 am last night. He was taken away from the Bermajur – II Gram Panchayat area, after he managed to negotiate a deal with the Mamata Police, through influential mediators, that he would be taken care of properly while in Police and Judicial Custody,” the leader said in a post on X.

“He will be extended 5 Star facilities during his time behind bars and will have access to a mobile phone, through which he will be able to lead the Tolamool Party virtually. Even a bed in the Woodburn Ward will be kept ready and vacant for him if he chooses to spend some time there,” Adhikari added.

How Mamata Banerjee tried to shield Sheikh Shahjahan and downplay Sandeshkhali

It is pertinent to note that amid the unrest in Sandeshkhali village in North 24 Parganas district of West Bengal, Mamata Banerjee on Sunday (18th February) attempted to downplay the harassment and sexual exploitation of women at the hands of Trinamool Congress goons.

During a public meeting at Birbhum, she dubbed the unrest in Sandeshkhali as a ‘minor incident’ and blamed the BJP and the media for amplifying the issue in the public discourse. “An incident has happened or rather made to happen. First, they sent the ED (Enforcement Directorate), and then its friend BJP entered the scene. After that, some media houses capitalised on the incident. Made a hue and cry out of a minor incident,” she was quoted as saying.

After trivialising the seriousness of the matter, she ‘promised’ to send officers to Sandeshkhali to listen to the grievances of the villagers. This is even though the victims have accused the police of being mute spectators to the atrocities committed against women.

She recently also targeted BJP leader Adhikari after the latter compared the incident to Nandigram where people had fought against land acquisition. “The situation in Sandeshkhali is like Nandigram. In Nandigram, people fought against land acquisition and here people are fighting against land grabs. Here, protests began after women started their movement against sexual harassment but land grabbing is the second most common allegation in Sandeshkhali.” Adhikari had said.

To this, Banerjee had blatantly said that each place had its own characteristics and that no comparison was needed to be done. “I do not support any wrongdoing and I won’t do that ever in my life. Even if some wrong was unknowingly committed somewhere, I do not support that as well,” she had said.

Why the Bengal police may have arrested Sheikh Shahjahan just to shield him from central agencies

After the arrest of Sheikh Shahjahan, when he was produced in court, the body language of the TMC leader clearly indicated that he had no fear of arrest or law enforcement agencies. This is also proved by the fact that the ED itself had told the High Court that Shahjahan, while on the run, was sending taunting voice messages to the ED – something that Osama Bin Laden would do.

Given what the High Court had said, it is entirely possible that the recent action by the state police could be a move to safeguard the interest of the accused Sheikh who is also a TMC leader.

The High Court had only recently said that the central agencies – CBI and ED – were free to arrest Sheikh Shahjahan. Give that the arrest came shortly after the order by the HC, it is being speculated that the Bengal police has now made a token arrest of the TMC leader so that the central agencies don’t get his custidy. Though Banerjee has said that she doesn’t support any wrongdoing, she has a history of downplaying the crimes that have been reported against women.

Notably, the BJP after the arrest of Sheikh slammed the state for delayed action and said that the state was not safe under the leadership of Mamata Banerjee. “After defending Shahjahan Sheikh on the floor of West Bengal Assembly, a red-faced Mamata Banerjee, left with no option, finally allowed WB Police to arrest the TMC leader, accused of sexual violence, murder, land grab and assault on government officials in Sandeshkhali,” he said.

“Shahjahan’s arrest, more than 50 days after he went in hiding, a day before the PM arrives in Bengal and post Calcutta High Court’s tough stricture, raises several questions on Mamata Banerjee’s predatory politics,” he added.

A huge number of women in Sandeshkhali accused Shajahan Sheikh and his allies of land grabs and forced sexual assaults. For more than a month, protesters have been gathering beside the river, demanding the arrest of Sheikh and his collaborators. It remains important to see now what further action the state police would take against Sheikh to ensure justice for the protesting women.

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