Home Blog Page 1657

Blast at Gaza’s Al-Ahli al-Arabi hospital kills over 500 people, Israel says it was a rocket fired by Islamic Jihad group that fell short

OpIndia Staff
-
0
Blast at Gaza’s Al-Ahli al-Arabi hospital kills over 500 people, Israel says it was a rocket fired by Islamic Jihad group that fell short

On 17th October (local time), a rocket fell on Al-Ahli al-Arabi Hospital in Gaza, killing around 500 people. While Gaza’s health ministry spokesperson claimed it was an Israeli rocket, Israel countered with footage from Al Jazeera allegedly showing a missile originating from Gaza to attack Israel, falling short and hitting the hospital.

So far, the blast has resulted in the highest number of casualties in a single incident in Gaza, triggering protests in West Bank, Istanbul and Amman and drawing condemnation from around the world.

The hospital was reportedly treating hundreds of patients injured from the airstrikes, as well as providing shelter to many displaced from their homes.

Over 2.3 million Palestinians are currently trapped in Gaza as Israel’s war against Hamas continues. Egypt and Jordan have refused to take refugees from Gaza while Israel has been asking civilians to evacuate from the Strip.

The Palestinian Authority’s health ministry, Mai Alkaila, claimed Israel caused a massacre at the hospital as the strike killed hundreds of people. Countering Gaza’s claims, Israeli Prime Minister Benjamin Netanyahu said that it was the “barbaric terrorists” in Gaza that attacked the hospital.

Speaking to the media, Israeli Military spokesperson Rear Admiral Danial Hagari said that the Islamic Jihad terrorist group fired the rocket. The rocket passed the hospital at the time of the strike and hit the location’s parking lot.

Speaking to CNN, Israeli military spokesperson Lieutenant-Colonel Jonathan Conricus said they intercepted a conversation of the terrorists in which they had acknowledged a misfire.

For those unaware, Islamic Jihad is the second largest terrorist organisation active in Gaza. The Iran-backed terror group denied the allegations, claiming they had no activity in Gaza around that time. Islamic Jihad was part of the terrorist attack on Israel led by the Palestinian terrorist group Hamas that killed around 1,300 people, including women, children and the elderly.

Israel used Al Jazeera’s video to prove rocket was shot from Gaza

Quoting a report from Al Jazeera English, where it was claimed that an Israeli rocket killed hundreds of Palestinians in the attack on the hospital, Israel Defense Forces published a video from Al Jazeera’s Arabic channel showing the alleged misfire. IDF urged Al Jazeera to check its own footage where a rocket aimed at Israel was misfired and exploded, hitting a building in Gaza.

There are claims that IDF shared an old video but the videos attached to those posts are different from what IDF has shared.

Al Jazeera’s post saying Israeli airstrike hit the hospital in Gaza gets ‘fact checked’ by community notes.

Al Jazeera has been assertive in its claims that it was an Israeli airstrike that hit the hospital in Gaza. However, Al Jazeera’s post claiming the same has been ‘fact checked’ by X’s community notes, saying that their own video captures the moment a rocket fired from inside Gaza misfires and hits a building inside Gaza, reportedly the Al-Ahli al-Arabi hospital, causing a large blast.

Al Jazeera’s post gets corrected by Community Notes

Israel Hamas war

On 7th October, hundreds of Hamas terrorists infiltrated Israel through various means, overwhelming the Iron Dome with over 5,000 rockets in a matter of few minutes. They also abducted hostages and took them to Gaza. In a counterattack on Hamas by Israeli forces, more than 1,500 have been reportedly killed in the Israel-Hamas war. The death toll in Israel from the Hamas attack has now surpassed 1,300, with over 3,300 injured, primarily civilians. Israel launched a major offensive against Hamas in Gaza, restricting power and water supply and blocking essential goods from entering the region. Over 400,000 Gaza residents have been evacuated so far. Meanwhile, India has launched Operation Ajay to evacuate Indians from Israel.

Israel hits the house of Hamas leader Ismail Haniyeh in Gaza, 14 family members including Haniyeh’s brother and nephew killed

OpIndia Staff
-
0
Israel hits the house of Hamas leader Ismail Haniyeh in Gaza, 14 family members including Haniyeh’s brother and nephew killed

On 17th October (Tuesday), the Israeli Defence Forces (IDF) carried out airstrikes on a home that reportedly belonged to the family of Hamas Chairman Ismail Haniyeh, who currently lives in Qatar, Israeli media reported.

Citing Palestinian medical sources, the Times of Israel reported that 14 family members of Ismail Haniyeh were killed in the Israeli airstrike which was carried out in the Sheikh Radwan neighborhood in Gaza Strip. According to the reports, Haniyeh’s brother and nephew have been killed in the airstrike. 

Earlier on Tuesday afternoon (local time), an Israeli airstrike in the Gaza Strip eliminated the head of Hamas’s Central Gaza Brigade, Ayman Nofal, the military wing of Hamas Izz el-Deen Al-Qassam Brigades said. Nofal was also a senior commander in the terror organisation and was a member of the organisation’s General Military Council. 

The Hamas commander was killed in a strike in the Bureij refugee camp. The IDF stated that the airstrike was carried out following intelligence efforts by the Shin Bet security agency and the Military Intelligence Directorate.

According to the IDF, Nofal carried out “numerous attacks against Israel and security forces.” He was previously involved in the production and development of weapons and had been involved in the kidnapping of IDF soldier Gilat Shalit in 2006. 

The military added that Nofal was one of the most dominant senior officials in the organisation, and was close to Muhammad Deif, Hamas’s military leader. 

IDF also released a video of the bombardment which was first shared by their spokesperson Daniel Hagari. 

Earlier, Israeli Defense Minister Yoav Gallant proclaimed that Hamas terrorists had only two options in the ongoing war: either to surrender or to die.

He said, “Hamas members have two options: Either die in their positions or surrender unconditionally. There is no third option. We will wipe out the Hamas organization and dismantle all of its capabilities.” 

As part of updates on the Israel-Hamas war, the IDF and its officials have been sharing the details of the airstrikes and the targets it neutralised following the 7th October terrorist attacks and ground invasion by Hamas.

A day earlier, on 16th October, IDF shared a list of Hamas terrorists it had eliminated since the start of the Israel-Hamas war including Ali Qadi who led the mass killing of Israeli civilians during the terror attack on 7th October.

Meanwhile, on 16th October (Monday) the United Nations Security Council (UNSC) rejected a Russian resolution calling for a humanitarian ceasefire in the conflict between Israel and Hamas as the draft did not get a minimum number of votes to be passed. Russia had proposed a resolution calling for a humanitarian ceasefire in Gaza. The Russian-led draft resolution received five votes in favour – China, Gabon, Mozambique, Russia, and the United Arab Emirates.

Four nations – the United Kingdom, the United States, France, and Japan voted against the draft resolution. France, the US, and the UK voted against the resolution over its failure to condemn Hamas for its attacks on Israel.

Six nations – Albania, Brazil, Ecuador, Ghana, Malta, and Switzerland abstained from voting on the resolution. Notably, the resolution would have needed nine votes in favour to proceed.

Hamas carrying out psychological terrorism, IDF warns its citizens

After committing unspeakable atrocities on Israeli civilians, the Islamist terror organisation, Hamas, has now begun using Israeli women, infants, and toddlers, which they have taken hostage, to garner sympathy.

Merely three days after releasing a propaganda video where Hamas terrorists were showing ‘compassion’ for children held hostage in Gaza, the Islamist terror organisation released yet another similar video on Monday (16th October). The video is of an Israeli woman the Hamas terrorists abducted from the Supernova Sukkot Music Festival on Kibbutz Re’im, the first location which they attacked. The video released by Hamas on Telegram shows the hostage, injured with a broken arm, receiving medical treatment.

Israeli Defence Forces have warned its citizens that Hamas is using ‘psychological terror’ against Israel with the videos of hostages held in Gaza. 

Real-life ‘Breaking Bad’ busted in Maharashtra: Police seizes Mephedrone worth over Rs 100 crores while raiding a manufacturing unit

OpIndia Staff
-
0
Real-life ‘Breaking Bad’ busted in Maharashtra: Police seizes Mephedrone worth over Rs 100 crores while raiding a manufacturing unit

On 16th October, the Mumbai Police busted a real-life ‘Breaking Bad’ in Mumbai after it raided a Mephedrone (contraband) manufacturing unit which was being operated by two Class 10 dropout brothers. The Police officials informed that it had arrested two brothers for allegedly operating a mephedrone manufacturing unit in Maharashtra’s Solapur district. The police officials stated that 8 kg of high-quality drugs and more than 50 kg of unprocessed contraband were seized from their premises.

An official said that they had arrested Rahul Kisan Gawali and his brother Atul in the western suburb of Khar on 14th October. They also recovered 5.09 kg of mephedrone worth Rs 10.17 crore from them.  

Subsequently, the crime branch of the Mumbai police launched a follow-up operation and raided the manufacturing unit in Chincholi MIDC in Solapur district. In the manufacturing unit, they found that the duo had set up three laboratories, the official added. 

During the raids, the police seized high-quality mephedrone worth Rs 16 crore, while the unprocessed drug is worth more than Rs 100 crore, as per the official. He added that from their premises, Police also recovered a diary from the premises which had formulas used to make the contraband.

It is important to note that Mephedrone is a synthetic stimulant (a psychotropic substance) that has been banned under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. It is also known as ‘meow meow’ or MD, White Magic, M-Cat, and Drone. 

According to the officials, both the Gawali brothers had failed Class 10 and had worked in a chemical factory for a few years. They, later, rented a space to set up laboratories on a 21,000 sq ft area, and for the past seven months, they have been operating the manufacturing unit. 

The official added that the accused had come to Mumbai to distribute mephedrone a month ago and supplied it to local drug peddlers. He asserted that a probe is underway to identify their aides.

Earlier in 2016, the police from Thane city had raided another factory in the area from where they recovered drugs worth Rs 2,000 crore. 

A few days back, on 13th October, the Narcotics Control Bureau (NCB) seized around 200 Kg of Mephedrone from two locations in Pune.

Over the past few years, Mephedrone worth crores of rupees has been seized on multiple instances from different parts of Maharashtra indicating a larger menace of the contraband substances and its national security implications. 

In August 2022, the Mumbai city police made one of the biggest seizures in Mumbai after it caught more than 700 kilograms of mephedrone worth Rs 1,400 crore during a raid at a drug manufacturing unit in Nalasopara, Palghar district.

Hamas releases another propaganda video featuring an abducted Israeli woman, Israel calls it part of a psychological war

OpIndia Staff
-
0
Hamas releases another propaganda video featuring an abducted Israeli woman, Israel calls it part of a psychological war

Merely three days after releasing a propaganda video where Hamas terrorists were showing ‘compassion’ for children held hostage in Gaza, the Islamist terror organisation released yet another similar video on Monday (16th October). The video is of an Israeli woman the Hamas terrorists abducted from the Supernova Sukkot Music Festival on Kibbutz Re’im, the first location which they attacked. The video released by Hamas on Telegram shows the hostage, injured with a broken arm, receiving medical treatment.

As per media reports, over 260 dead bodies were recovered at the festival site during the clearance operations while many of the partygoers were reportedly missing. 

According to the Israeli newspaper The Jerusalem Post, the video was posted on Hamas’s Telegram channel and captioned: “Mujahideen from the Al-Qassam Brigades provide medical care to a female prisoner in Gaza, who was captured on the first day of the Al-Aqsa Flood battle.”

The video showed a young Israeli woman who identified herself as Mia Schem (25), being treated after she was wounded in her arm. She later spoke to the camera and said that she underwent a three-hour surgery for her injury. She said that she was injured and taken to Gaza, then pleaded to be returned to her family.

“They’re caring for me, they’re treating me, they’re giving me medication. Everything is okay,” she says. “I’m only asking to be returned home as soon as possible, to my family, to my parents, to my siblings. Please get us out of here as soon as possible,” the woman said as she spoke in her native language Hebrew.

While talking, the woman briefly looked up at someone who was not captured on camera. It was somehow obvious from her body language and the sense of anxiety on her face that she was allegedly prompted to say what she was saying on camera. As she spoke, loud rumbling could also be heard in the background.

Hours after the video surfaced, the Israeli military spokesman said it is “a part of a psychological war” by Hamas.

The Israel Defense Forces confirmed that Mia was abducted last week and said that officials have reached out to Mia’s family and are in touch with them. “In the video published by Hamas, they try to portray themselves as humane. However, they are a horrific terrorist organization responsible for the murder and abduction of babies, children, men, women and the elderly (sic),” a post by IDF on X read.

In a statement to the media on Tuesday in Tel Aviv, Schem’s mother pleaded with the government and world leaders to bring her daughter back home.

Keren Scharf Schem, holding a photo of her daughter, said, “I am begging the world to bring my baby back home, she only went to a festival party to have some fun and now she is in Gaza and she is not the only one.”

After massacring innocent Israelis, Hamas released video showing ‘compassion’ for children

After committing unspeakable atrocities on Israeli civilians, the Islamist terror organisation, Hamas, has now begun using Israeli women, infants and toddlers, which they have taken hostage, to garner sympathy.

On Friday (13th October), Palestinian terrorist group Hamas released a disturbing video of Israeli children kidnapped by them. In an apparent effort to create an impression of how well the terrorist organisation is treating hostages, Hamas terrorists, in the propaganda video, were seen playing with and fondling Israeli infants and babies they had taken hostage after brutally killing their parents.

High Court allows Raghav Chadha’s petition to review expulsion from his bungalow, asks him to file an application with the city court

Shraddha Pandey
-
0
High Court allows Raghav Chadha’s petition to review expulsion from his bungalow, asks him to file an application with the city court

On Tuesday, 17th October, the Delhi High Court allowed Aam Aadmi Party (AAP) MP Raghav Chadha’s plea challenging the trial court’s order allowing the Rajya Sabha secretariat to evict Chadha from a Type VII bungalow in New Delhi.

Justice Anup Jairam Bhambhani stated on Tuesday that the trial court’s April 18 ruling which ordered the Rajya Sabha Secretariat not to evict Chadha stands reinstated. The order, however, stands revived only till the adjudication of Raghav Chadha’s plea seeking a temporary injunction against his eviction from the Type VII bungalow.

The court has ordered Raghav Chadha to file an application for temporary relief with the city court within three days and has ordered the trial court to rule on it first in accordance with the law. The court directed the trial court to decide on Chadha’s plea under Order 39 Rules 1 and 2 of the Civil Procedure Code or Code of Civil Procedure (CPC).

“The appeal is allowed. Holding that A) there was no requirement for the appellant to file an application under 80 CPC to comply with that provision thus the application under 80 CPC is disposed of as infructuous. Directing the appellant to be present in the court within three days of the pronouncement of the judgement with the direction to the trial court to first decide the application under Order 39 rules 1 and 2 & thus to proceed in accordance with the law. In the meantime, the order dated 18/4 shall stand revived till the application under Order 39 rules 1 and 2 is decided by the trial court,” the bench said.

Notably, Rule 1 of Order 39– Temporary Injunctions and Interlocutory Orders provides that temporary injunction may be granted wherein it is proved through an affidavit or otherwise that “any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or that the defendant threatens, or intends, to remove or dispose of his property with a view to defrauding his creditors, or that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit,” till further orders in the matter or its disposal.

Rule 2 of Order 39 allows the court to grant an injunction to restrain the repetition or continuance of breach by the defendant(s).

Did the Delhi High Court say that Raghav Chadha is innocent?

Soon after the court ruling came out, the AAP MP ‘welcomed’ the court’s decision to allow his plea to review expulsion from the Type VII bungalow he occupies as if he had been vindicated.

Taking to X, Chadha in his ‘statement’ regarding the court ruling said, “I welcome the decision of the Hon’ble Delhi High Court to set aside the order of the trial court, which was against me. The cancellation of this allotment was a clear case of political vendetta, aimed at silencing a young, vocal parliamentarian.” The MP also said that opposition voices were being “deliberately targeted”.

He claimed that this is not a fight for home or shop but to save the Constitution.

Contrary to Chadha’s claim, while the court has vacated the April 18 order which directed the Rajya Sabha secretariat not to evict suspended MP Raghav Chadha from the bungalow in question, it does not imply that the AAP MP is innocent or that there was no violation of the rules pertaining to the allotment of official residence to MPs by the House Committee, on his part.

Notably, the AAP MP from Punjab had on 10th October moved to Delhi High Court against a trial court ruling dated 5th October lifting the stay on its prior stay order on his eviction from his government bungalow located in Delhi’s Pandara Road.

Additional District Judge Sudhanshu Kaushik had ruled that MP Raghav Chadha is not entitled to the Type VII bungalow which he currently occupies, thus allowing the Rajya Sabha secretariat to undertake the process to evict the AAP MP.

Rajya Sabha MP Raghav Chadha was allocated a Type VII bungalow on Pandara Road in Delhi in September 2022. However, the Rajya Sabha Secretariat annulled the allotment in March 2023 since it exceeded his entitlements as a first-time MP. Subsequently, the AAP MP was allotted an alternate residence.

Chadha had challenged the order at Patiala House Court and obtained a stay on April 18th. The Rajya Sabha Secretariat later filed an objection to the stay order, saying that it was issued without providing them with an opportunity to be heard. The court heard both sides and removed the stay order on October 5th. However, the Delhi High Court has now granted Raghav Chadha permission to re-appear before the trial court within three days from October 17th.

Type VII bungalow: What do the rules say?

According to the Rajya Sabha Handbook, which specifies the eligibility criteria for accommodation, Rajya Sabha MPs, who are first-time Members of Parliaments, including Raghav Chadha, are entitled to Type V bungalows or single flats as their official residence. 
It is mentioned in the Rajya Sabha Handbook that the MPs who were former Ministers of State, Deputy Speaker of Lok Sabha, Deputy Chairman of Rajya Sabha, nominated members, floor leaders of their parties and members who have served at least one term are allotted Type VI bungalows or twin flats.

Meanwhile, Type VII bungalows are allocated to MPs who have previously served in the Union Cabinet, or as Governors or Chief Ministers, or as Lok Sabha Speakers.

Guidelines for allotment of bungalows to MPs (Source: rajyasabha.nic.in)

Furthermore, the Handbook stipulates that the House Committee chairperson may make exceptions. Chadha’s allocation of a Type VII bungalow required the approval of the chairman of the House Committee.

While Chadha’s counsel Abhishek Manu Singhvi has argued that out of 245 sitting MPs in the Rajya Sabha, 115 have been granted accommodation above their ‘default’ entitlement, Additional Secretariat General (ASG) Vikramjit Banerjee appearing for Rajya Sabha Secretariat stated that he cannot demand negative equality over possessing government property.

‘Full of sound and fury signifying nothing’: Same-sex marriage petitioners express dissatisfaction following SC verdict 

OpIndia Staff
-
0
‘Full of sound and fury signifying nothing’: Same-sex marriage petitioners express dissatisfaction following SC verdict 

Following the Supreme Court verdict in which it refused to grant legal recognition to same-sex marriages, the petitioners in the case have expressed their strong dissatisfaction. 

Kajal and Bhawna, amongst 21 petitioners in the case, have been together since 17th October 2019. According to them, they have been in hiding since then as Bhawna’s parents are against their relationship. Consequently, they have been changing shelter homes, cities, and jobs to ensure safety. 

After the SC verdict, Kajal said, “We had planned a lot of things. We had decided we would get married immediately after the verdict and come out and tell our parents that they couldn’t separate us anymore. The legal sanction of our union would have changed our lives, but now we have to go back in hiding.” 

Another couple impacted by the verdict, Pooja Srivastava and Nibedita Dutta met on Facebook almost five years ago. They claim that they tied the marital knot but have to write ‘single’ on government documents which don’t provide for same-sex couples. 

They live together and own an apparel business but they can’t nominate each other in health and life insurance policies. However, they hoped that legal recognition of same-sex marriages, that is, getting the right to be considered equal partners would have given them a host of rights that are available as a result of legal marriages. 

Dejected by the judgement, Srivastava lamented, “If SC has no power, why did they entertain these hearings for six months? They’ve not taken a single step forward.” 

She argued that instead of giving such a verdict, the court shouldn’t have entertained the case as people against same-sex marriages are happier. Srivastava continued, “There has been no change [in our legal status] since Nibedita and I got married. Why is it a third party’s concern what my relation to my spouse is, or what inheritance I get from my family? They shouldn’t have entertained the case, because today, the people [against our marriage] are just happier. I am feeling less human.” 

Their sentiments were echoed by a Vadodara-based LGBTQIA+ activist Maya Sharma who was also a petitioner in the case. She lives with her partner in Vadodara. She claimed that the verdict was just a repetition of previous judgements and it was nothing more than sound and fury with no substance. 

Sharma said, “It’s full of sound and fury signifying nothing. What the judges said has already been stated in the NALSA verdict and the 2018 verdict, there is nothing new in it. The ball is back in the court of the central government and we all know what they feel about it.” 

She added that she has been involved in activism for the past few decades and doesn’t believe in the institution of marriage. However, she believed that a favourable verdict would have been a strong step towards equality. 

Maya Sharma asked, “One of the judges said that this will adversely affect women. Are we not women? Don’t rights of lesbian women count?” 

Udit Sood practices law in the US and he boarded a 20-hour long flight from Los Angeles to hear the SC judgement. However, he added that he wasn’t prepared for the disappointment. He claimed that he wanted to highlight how queer citizens are compelled to leave the country because they are denied equal rights. 

Fellow petitioner, Saattvic, an economist who settled in Canada, feels his decision to leave the country in 2020 stands vindicated now. He stated that it’s heartbreaking that his own country doesn’t take him as he is. 

Sood said, “I was optimistic. But this is devastating. In earlier judgments involving heterosexual couples, the Supreme Court said marriage is a fundamental right, one that is “integral” to the right to life. Now, with queer couples before it, the Court opted to reverse itself and effectively said ‘never mind, there’s no such right at all’.” 

However, a Kolkata-based lesbian activist Malabika, who has been in the field of queer activism for over three decades, chose to emphasise the positive aspects discussed during the hearing. 

Malabika said, “As a petitioner, I am disappointed. But I want to focus on the fact that there were a lot of things that were highlighted in the verdict that had not been talked about before. The CJI, for the first time, spoke about the violence of natal family and said that there is not only one kind of family. He recognised that there is migration due to discrimination and persecution in the queer community. I feel this gives us a platform to regroup and strategise our next course of action.” 

Just like Malabika, Filmmaker Aditi Anand didn’t lose hope. She met her partner Susan Dias at a queer book club more than a decade ago. They then shifted cities, adopted a child, and raised a dog together. 

After hearing the verdict, Anand expressed her disappointment but she still was hopeful. She summed up by saying, “If we haven’t won today, it doesn’t mean we have lost, only that some battle is still to be fought.” 

Nepal caught in China’s debt trap over Pokhara airport deal: Report

ANI
-
0
Nepal caught in China’s debt trap over Pokhara airport deal: Report

In the shadow of the magnificent Himalayas, Pokhara, Nepal’s scenic paradise, welcomed a Sichuan Airlines flight from China in June, marking a momentous occasion for the city. The newly constructed international terminal at Pokhara’s airport, a project largely financed and executed by Chinese companies, had finally become operational. However, beneath the surface of this grand opening lay a complex and unsettling reality – one that highlighted China’s controversial infrastructure influence and its geopolitical rivalry with India, The New York Times reported.

For over four decades, Nepal had aspired to establish an international airport in Pokhara, envisioning it as a catalyst for transforming the city into a global tourist destination. Unfortunately, the project had languished due to political instability, bureaucratic challenges, and financial difficulties. That was until China stepped in to fill the void, furthering its quest to create an alternative sphere of influence, challenging American dominance on the global stage. Nepal, located south of China and with close ties to India, represented an enticing geopolitical prospect.

The airport’s construction was a part of China’s grand ambitions, aligning with President Xi Jinping’s signature infrastructure campaign, the Belt and Road Initiative (BRI), which promised substantial investments in infrastructure projects worldwide. However, Nepal discreetly rejected the notion that the Pokhara airport was a part of the initiative. This discrepancy propelled the airport into a diplomatic tug-of-war between China and India, according to The New York Times.

While dozens of countries, including Nepal, convened in Beijing for the 10th-anniversary celebration of the Belt and Road Initiative, China’s overseas development endeavours were under scrutiny for their exorbitant costs and poor-quality construction. The Pokhara airport exemplified the perils that came with importing China’s infrastructure-at-any-cost development model, disproportionately benefiting Chinese firms at the expense of the borrowing nation.

China CAMC Engineering, the construction division of state-owned conglomerate Sinomach, played a pivotal role in the Pokhara airport project. It imported building materials and machinery from China, and the airport itself was brimming with Chinese-made security and industrial technology. Despite China’s claims about the project’s quality, an investigation by The New York Times revealed an unsettling narrative.

Multiple individuals involved in the project and a thorough examination of thousands of documents indicated that China CAMC Engineering had consistently dictated terms to maximize profits and protect its interests. Simultaneously, it systematically dismantled Nepali oversight. As a consequence, Nepal found itself entangled in significant debt to Chinese creditors without the expected influx of passengers to repay the loans.

Before construction commenced, Nepal’s finance minister had signed a memorandum of understanding supporting CAMC’s proposal in 2011, even before an official bidding process had started. The Chinese loan agreement exclusively allowed Chinese firms to bid for the project. CAMC initially submitted a bid for USD 305 million, nearly double Nepal’s cost estimate for the airport. This drew criticism from Nepali politicians, who accused the process of being rigged and the price inflated. Following the outcry, CAMC lowered its bid to USD 216 million, reducing the cost by approximately 30 per cent.

In 2016, China and Nepal formalised a 20-year agreement for the project, with a quarter of the funding provided as an interest-free loan. Nepal intended to borrow the remainder from China’s Export-Import Bank at a 2 per cent interest rate, with repayment scheduled to begin in 2026.

As construction progressed, glaring issues came to light. The Civil Aviation Authority of Nepal was responsible for overseeing the Chinese contractor, but the lack of experienced personnel, combined with the inadequate allocation of funds for consultants, hampered the project. Initially earmarked at USD 2.8 million, the budget for hiring consultants to ensure CAMC’s compliance with international construction standards was eventually reduced to a mere USD 10,000, diverting funds elsewhere.

This lack of oversight allowed CAMC to initiate work before consultants were in place and perform construction work that did not meet international standards. Key components, such as soil density tests for the runway’s foundation, were omitted, jeopardising the runway’s future stability. Other oversights included the airport’s drainage system design, ignoring historical rainfall data and sloping topography, increasing the risk of flooding. The quality of Chinese-made building materials and the identity of vendors were inadequately documented, contravening the terms of CAMC’s contract with Nepal, as reported by The New York Times.

While consulting efforts were expected to oversee CAMC’s work, the Chinese company managed to sidestep consultants and interact directly with Nepali officials who had limited construction experience. Any efforts to seek additional information or documentation were often fruitless.

China’s Export-Import Bank had commissioned China IPPR International Engineering, a consulting firm, to ensure the quality, safety, and schedule of the project and to confirm Nepal’s satisfaction with CAMC’s work. However, the situation grew murkier in 2019 when CAMC acquired IPPR, turning it from a sister company into a direct subsidiary. IPPR’s fees came from Nepal as part of its loan from the Chinese bank.

Chinese engineers working on the project claimed that they were instructed not to scrutinise CAMC’s work closely, with a focus on delivering an airport rather than a “chicken farm.” Furthermore, allegations surfaced that documents related to the qualifications of IPPR’s workers in Pokhara had been falsified. In some cases, even employee credentials were manipulated. Such practices revealed a disconcerting disregard for transparency and accountability.

CAMC and IPPR remained unresponsive to inquiries and requests for comments about their involvement in the Pokhara airport project.

In a troubling incident, Zhu Zhanfeng, the project site manager for the contractor, boasted about the airport’s adherence to the “Chinese standard,” the New York Times reported.

Yet, what went unmentioned was a tragic incident involving Zhu from three years earlier. In 2019, Zhu struck and killed a pedestrian in Pokhara following a night of drinking. Police suspected he was intoxicated when he hit Deu Kumar Tamang, who was walking in a crosswalk. Tamang’s tragic death led to a contentious compensation offer from CAMC, starting at 1 million Nepali rupees (approximately USD 7,500). When the family declined, CAMC offered to double the payment and provide space for a coffee shop within the new airport. Eventually, the family accepted the offer, with the condition that payment would only be made after Zhu’s release from prison.

However, allegations arose that CAMC sought to downplay the incident by arguing that Tamang had been drinking and had contributed to the accident. The case went to trial, with Zhu being found guilty of a “traffic death” and sentenced to four months in prison. This sentence, considered lenient by many, was further reduced to time already served, causing outrage among the victim’s family. Nabin Tamang, Deu Kumar Tamang’s brother, expressed disappointment in the justice system, perceiving it as prioritizing the project’s progress over seeking justice.

The opening of the Pokhara airport in January 2023 was marred by geopolitical tensions. The Chinese Embassy in Nepal declared the airport as “the flagship project” of China and Nepal’s Belt and Road Initiative cooperation, despite its pre-existing status. This declaration ignited a diplomatic dispute, with India’s scepticism regarding the Chinese initiative further complicating the situation, according to The New York Times.

As Pokhara airport struggled to attract international flights, especially from Indian airlines, Nepal’s aspirations for the airport were put in jeopardy. Buddha Air, Nepal’s largest airline, had requested permits for flights to India but awaited approval from the Indian government. A feasibility study commissioned by CAMC had projected passenger numbers that would enable the airport to repay its loans from profits, but as of now, no international flights have commenced.

Nepali officials have reportedly requested that China convert the loan into a grant due to the airport’s financial challenges, a matter discussed during Prime Minister Pushpa Kamal Dahal’s visit to Beijing in late September. The joint statement issued by China and Nepal during the visit acknowledged the completion and operation of the Pokhara airport but made no mention of plans to waive the loan.

The construction of Nepal’s Pokhara airport, primarily funded and executed by Chinese companies, has raised concerns about the quality of work, the manipulation of oversight, and the burden of debt on Nepal. Additionally, the airport’s association with China’s Belt and Road Initiative has ignited diplomatic tensions with India, making it challenging for the airport to attract international flights.

The Pokhara airport serves as a stark example of the pitfalls associated with importing China’s infrastructure development model, highlighting concerns about financial sustainability and transparency, all while fueling geopolitical rivalries in the region, The New York Times reported.

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

Luxury watches, gold, and over 100 crore unaccounted cash: IT raids on contractors in Karnataka

OpIndia Staff
-
0
Luxury watches, gold, and over 100 crore unaccounted cash: IT raids on contractors in Karnataka

On 12th October, the Income Tax Department launched an anti-corruption operation which ended on 15th October, during which, it raided 55 locations across Bengaluru and several cities in Telangana, Andhra Pradesh, and Delhi. The raids were carried out on properties related to some government contractors, real estate developers and their associates across these four states. 

According to a statement by the Central Board of Direct Taxes (CBDT), the operation conducted by the Income Tax department resulted in the seizure of a staggering Rs 94 crore in cash, alongside gold and diamond jewelry valued at over Rs 8 crore. CBDT added that approximately 30 luxury foreign wristwatches were also discovered during these raids.

The CBDT, which is IT department’s policy making body, also informed that substantial amount of “incriminating” evidence were also recovered during these raids. This included loose sheets, hard copies of documents, and digital data that were seized from the entities and their associates under scrutiny.

On condition of anonymity, an official said, “The raids that started on Thursday at 25 places belonging to two major infrastructure companies expanded to 45 places by Saturday evening.” 

He added, “A total of 45 locations were searched till Friday while ten more places were raided and searched on Saturday. On Saturday, the third day of the operation, an architect and a gymnasium owner’s house was raided from where Rs 8 crore in cash was seized. With this, the total amount of cash seized has crossed Rs 50 crore.” 

During another series of raids, the IT team confiscated Rs 94 crore in cash, along with gold and diamond jewelry valued at Rs 8 crore and 30 luxury watches. These raids were aimed at government contractors and real estate developers in Karnataka and several other states.

A source privy to the information said, “The income tax wing alleged the involvement of contractors in reducing their income through inflated expenses such as booking bogus purchases, making non-genuine claims and asserting ineligible expenses. This led to the generation of unaccounted cash and creation of undisclosed assets.”

During these raids, one of the individual raided by the Income Department includes contractor R. Ambikapathy. He is the office-bearer of multiple contractors’ associations in Karnataka. It is noteworthy to mention that Ambikapathy gained prominence during a campaign led by the Karnataka Contractors’ Association before previous elections. The campaign had accused the previous BJP government of charging a ’40 per cent commission’ for State Government contracts. 

According to media reports, the IT department discovered cash worth more than Rs 42 crore concealed in 23 boxes beneath a bed in a flat at Sultanpalya where Pradeep, a close relative of contractor Ambikapathy, lived.

Following the raids, multiple contractors said that Ambikapathy had not been taking big contracts for almost 10 years now, due to his health issues. A senior contractor said, “He was not doing work to the tune that could get him large liquid cash, which has made us suspicious. It needs to be probed as to whose money it was.”

In wake of the IT raids and seizures worth more than Rs 100 crores, BJP’s state president, Nalin Kumar Kateel alleged that the seized money was linked to the Congress.

BJP says Congress High command gave Karnataka govt target of Rs 1000 crore to fund the party

After the seizures, opposition parties, including BJP, JD(S) and BRS, have alleged that Congress government in the state is collecting funds for upcoming state assembly elections in five states. Bharat Rashtra Samithi (BRS) alleged that the money was meant for spending in Telangana elections by Congress. 

JDS leader and Former Karnataka Chief Minister H D Kumaraswamy also alleged that the Rs 42 crore cash unearthed at contractor R Ambikapathy’s house by IT department was meant to be transported to Telangana. 

Similarly, the Bharatiya Janata Party (BJP) said that the Congress high command has given a target to its state government to ‘collect’ Rs 1,000 crore to fund the party. As per the allegations raised by the BJP, Congress was planning to send Rs 300 crore to Telangana, Rs 100 crore to Mizoram, Rs 200 crore each to Chhattisgarh, Rajasthan and Madhya Pradesh respectively.

Sharing a news reporting about the seizures, Union Minister Rajeev Chandrashekhar asserted that Congress leaders Rahul Gandhi, Siddaramaiah, DK Shivakumar and their cronies have amassed enormous wealth.

On 16th October, the BJP minister tweeted, “A few days it was only 42 crores and I had predicted it was tip of iceberg – and so it was. Tdy the cash, gold haul details came out and its 102 crores. Note the 40 luxury watches – perhaps siddaramaiahs 75 lac Hublot also stored with Ambikapathy & “contractors”. Rahul, Siddaramaiah, DK Shivkumar and their cronies are like a bottomless pit of loot – more you dig, the more you unearth.”

BJP leader CT Ravi said, “We had earlier alleged that the state (Karnataka) would be an ATM for the Congress Government. That has turned out to be true. The truth will come out after enquiry. We are demanding a CBI inquiry.”

Video of Muslim men offering namaz in public in Junagadh’s Uparkot goes viral, police launches probe

OpIndia Staff
-
0
Video of Muslim men offering namaz in public in Junagadh’s Uparkot goes viral, police launches probe

In Gujarat, people often offer namaz in public places. Several such incidents have occurred at Vadodara’s Maharaja Sayajirao Gaikwad University (MSU) in the past when many Muslim students were caught offering namaz on campus. One such case has come to the fore from the Junagadh district of Gujarat, where eight Muslims in Uparkot offered namaz in public, a video of which has gone viral, triggering outrage.

According to a report in Sandesh Samachar, the incident took place on Sunday (15th October). 8 people offered namaaz in public near Adi Kadi Vav in the historic place of Junagadh, Uparkot, after which photos and videos of the incident went viral. The Junagadh police also took cognizance of the incident and stepped up to take action. The police started an investigation about this in Uparkot.

The police had requested CCTV video from the Uparkot administration in connection with the incident of offering namaz in Upper Kot. The administration, however, refused to share the CCTV footage. The police are actively looking into the matter.

Muslim youths attempted to disturb peace in Uparkot, a historical site near Junagadh, by offering Namaaz in public, the reports said. Later, the Bajrang Dal protested in this regard. Bajrang Dal’s Gujarat region coordinator Bhavesh Thakkar commented on the matter and said, “Land jihad has been started by Jihadi-minded regionalists near Adi Kadi Vavni in Uparkot, a historical heritage site within Junagadh. The Bajrang Dal strongly opposes the mentality of offering namaz in a public place inside the Uparkot.”

Also, the Bajrang Dal now has requested to perform a mass Hanuman Chalisa recital at 6 p.m. on Wednesday (18th October) in Uparkot.

Muslims attacked Police in Junagadh

It should be noted that violence erupted in Junagadh on June 16, when a mob of about 500 Muslims attacked the police. In fact, the Junagadh Municipal Corporation sent notices to eight religious locations, including temples and the Dargah near Majewadi Gate. After receiving the notice, the Muslim community began congregating at Gebanshah Dargah near Majewadi Gate in the evening.

As more mobs gathered on the evening of the 16th of June, the police tried to calm them and encourage them to try to resolve the situation through dialogue, but around 10 p.m., the mob attacked the police personnel and also targeted the nearby vehicles. The crowd also threw stones at the bus. A Hindu man was killed in the violence, while four police personnel were injured. OpIndia’s complete coverage of the Junagadh violence can be read here.

Prayer events at MSU

It should be mentioned that, just as photographs of Namaz being offered in public have become commonplace in Junagadh, similar pictures have emerged from Vadodara’s Maharaja Sayajirao University (MSU) in the past. The Muslims in the University were seen offering Namaaz in public in the institution.

Not long ago, MSU reported a similar event in which three Muslim teenagers wearing skull caps offered public prayers near the Shiva temple. The video of the incident had gone viral, triggering outrage.

Prior to this, a video was released in January in which a Muslim girl wearing a chadar was praying in public. Earlier, a Muslim man and woman offered Namaaz outside the same university’s Sanskrit faculty, and the video of the same had gone viral.

Earlier in December 2022, a video of two Muslim students offering namaz outside the university’s commerce faculty had gone viral. The investigation proved that they were both students at that faculty.

4 fundamental issues, directives to the govt and what each judge said: Breaking down the 3-2 Supreme Court judgement rejecting the legalisation of same-sex marriage

Dibakar Dutta
-
0
4 fundamental issues, directives to the govt and what each judge said: Breaking down the 3-2 Supreme Court judgement rejecting the legalisation of same-sex marriage

On Tuesday (17th October), a 5-judge Constitutional Bench of the Supreme Court refused to recognise same-sex marriage in India in a split 3-2 verdict.

The matter was heard by Chief Justice of India (CJI) DY Chandrachud, Justices S Ravindra Bhat, Sanjay Kishan Kaul, Hima Kohli and PS Narasimha for a total of 10 days, following which they reserved their verdict on 11th May this year.

Although the petitioners initially challenged the Hindu Marriage Act, the Foreign Marriage Act and the Special Marriage Act (SMA), the apex court decided to not touch the personal laws and confine the case to the inclusion and recognition of same-sex marriages under the SMA [pdf].

Supreme Court on same-sex marriages

The petitioners had argued that the legislation in its current form discriminates against non-heterosexuals (referring to LGBTQIA+) and demanded social security and welfare measures for ‘same-sex’ and ‘queer’ couples.

Dissenting Verdict

At the very onset, CJI DY Chandrachud noted that marriage is an evolving institute and that the Parliament has brought in laws from time to time to reflect changes (despite opposition from several sections of the society).

He conceded that marriage is not a ‘fundamental right’ but held that restrictions on same-sex marriages would violate Article 15 (protection against discrimination) and Article 21 (protection of life and personal liberty) of the Indian Constitution.

The CJI stated, “The need to form part of family is a core part of the human trait and is important for self-development…For the full enjoyment of such relationships… such unions need recognition and there cannot be denial of basic goods and services. The State can indirectly infringe upon the freedom if it does not recognize the same.”

“The ability to choose a partner goes to the root of the right to life and liberty under Article 21…This Court has recognized that queer persons are not discriminated upon and their union cannot be discriminated against based on sexual orientation and material and services flowing to heterosexual couples and denied to them will be a violation of the fundamental right. The word sex cannot be read without social and historical contexts. Restriction to their union based on sexual orientation will be a violation of Article 15 of the constitution,” he added.

Dy Chandrachud further stated that sexual orientation cannot be a ground to deny ‘union’ (marriage) and ruled that both queer and trans individuals have the right to marry under the existing law.

His dissenting verdict was also supported by Justice SK Kaul, who too ruled in favour of recognition of same-sex marriages. “I recognize this as civil unions. I agree with the judgement of CJI…These unions are to be recognized as a union to give partnership and love…Legal recognition of same sex unions is a step towards marriage equality…Let us preserve the autonomy so long as it does not impinge on others’ rights,” he observed.

Majority verdict

The majority verdict against the recognition of ‘same-sex marriage, under the Special Marriage Act (SMA), came from Justice Ravindra Bhat and Justice PS Narasimha. Justice Hima Kohli supported the judgement of Justice Bhat.

Justice Ravindra Bhat upheld that marriage in itself is not a fundamental right and that the institution has been historically based on customs such as Muslim personal law, the Shariat Act, and the Karaj Act.

“Civil marriage and such relationships cannot exist in absence of a statute. There is a paradox which runs deep in court’s mind and the intervention of State has to be through State action and be compelled by the agency of this court,” he observed.

Justice Bhatt added that queer people have the right to choose a partner, enjoy privacy and live with dignity but their marriage cannot be recognised in the absence of codification.

“Right to cohabit cannot lead to setting up of an institution…Ordering a social institution or re-arranging existing social structures would require the construction of a new code and also require marriage laws concerning alimony etc…We cannot agree with CJI tracing union to freedom of speech and expression and the positive obligations,” he ruled.

He concluded, “What petitioners seek is not lost on us… desire for social acceptability is known but the means to achieve the means should be constitutionally sound. If we leave it to the wind then it may have untold consequences and while moulding relief, we should not be led astray as we are blinded by the glow.“

Justice PS Narasimha also agreed with the verdict of Justice Ravindra Bhatt. “I agree with the opinion of Justice Bhat. Marriage equality for LGTBQIA never arose in this court and thus no precedent,” he noted.

He also conceded that marriage is not a fundamental right and that the social institution is ‘conditioned with legislative intervention’.

Justice PS Narasimha also added, “CJI locates right to union in Article 19, 21 of the constitution. For me, there is no such right in these articles. CJI recognizes tangible and intangible benefits… in other words, marriage however fundamental for life does not make it fundamental and similar with civil unions.. thus i dont agree with the same.”

Conclusion

As such, the all-out effort to legalise ‘same-sex marriage’ and its inclusion within the ambit of the Special Marriage Act was turned down by a 3-2 verdict.

Supreme Court on Adoption

The apex court also decided on whether same-sex couples could legally adopt a child under the existing framework and guidelines of Central Adoption Resource Authority (CARA), a statutory body under the Union Ministry of Women & Child Development.

Dissenting judgement

The Chief Justice of India ruled in favour of adoption for same-sex and queer couples in his dissenting judgement. He criticised the guidelines laid down by the CARA for supposedly perpetuating stereotypes against the queer community

“CARA regulation 5(3) discriminates between partners in atypical unions. It will disproportionately effect non heterosexual couples and thus an unmarried heterosexual couple can adopt but this is not the same for the queer community,” he stated.

The CJI further added, “The law cannot make an assumption about good and bad parenting and it perpetuates a stereotype that only heterosexuals can be good parents. Thus the regulation is held to be violative of (the rights of) the queer community.”

It must be mentioned that CARA Regulation 5(3) prevents the adoption of a child by couples unless they can exhibit that they have a stable marital relationship of at least 2 years. The exceptions include relatives and step-parents only.

Justice DY Chandrachud ruled that such a provision somehow violated Article 15 (protection against discrimination) of the Indian Constitution. Justice SK Kaul also agreed with his verdict.

Majority judgement

The remaining three Judges of the Constitution Bench ruled against adoption of a child by same-sex and queer couples.

At the very onset, Justice Ravindra Bhat made it clear, “We disagree on the Adoption aspect (with the CJI). It is not to say that unmarried or non-heterosexual couples are to be parents…when a couple separates a de facto family often plays out. “

He added, “Given the objective of section 57, State as parens patriae has to explore all areas and ensure all benefits reach the children at large in need of stable homes…To create an overarching obligation upon the state is not rooted in any past decision or jurisprudence.

He along with Justice PS Narasimha refused to declare CARA regulations as void. Justice Hima Kohli agreed with Justice Bhatt’s view.

Conclusion

Much to the dismay of the petitioners, the Supreme Court rejected the demand of same-sex couples to adopt children in a 3-2 split verdict.

Apex Court on the validity of Special Marriage Act

Chief Justice of India DY Chandrachud ruled, “If it is held void, it will take India back to the pre-independence era, clothed in social inequality and religious intolerance and eradicating one ill at the cost of another.” He also added that it is important for the court to steer away from ‘judicial legislation.’

The CJI noted that only the Parliament can bring about change in the Special Marriage Act. “Whether a change in SMA is needed is for the Parliament to ascertain and the Court must be careful to enter into the Legislative domain,” he concluded.

Justice SK Kaul said, “SMA postulates a special form of marriage and thus it provides a secular form of marriage…I agree that entitlements flowing from marriage are regulated by regulations and laws and tinkering with SMA will have a cascading effect. I agree with SG Mehta.”

Justice PS Narasimha and Justice Ravindra Bhat also upheld the constitutionality of the Special Marriage Act.

“A general interpretation of SMA is not equitable at times and can lead to women being led to vulnerabilities. The purpose of terms like wife, husband, etc. is aimed to protect the vulnerable and the women facing domestic violence is there to ensure they receive justice,” Justice Bhat ruled.

“Similarly, issues like bigamy or the prohibited relationships use gendered terms. Thus interpreting the SMA as desired would render it unworkable,” he added.

Conclusion

All the Judges of the Constitutional Bench upheld the validity and constitutionality of the Special Marriage Act and its provisions.

Directives issued by the Supreme Court to the government

Although the majority of Judges ruled against the recognition of same-sex marriages (3:2) in the current framework, all of them sought the intervention of the Legislature to protect the dignity, privacy and right to choice of same-sex and queer couples.

DY Chandrachud

The Chief Justice of India directed the Union, States, and Union Territories to ensure that the queer community is protected against discrimination in the supply of goods and services. He added that the public must be sensitised to prevent harassment of any kind.

He called for the establishment of safe houses in all areas, the prevention of sex change operations for minors and the recognition of individuals as ‘queers’ without the precondition of ‘hormonal therapy’

The CJI also directed the State, Union and UTs to allow queers to avail of all State benefits and asked the police to prevent their harassment, owing to their ‘gender identity.’

He also made references to the Solicitor General Tushar Mehta and the latter’s assurance to set up an expert committee under the supervision of the Union government to provide welfare measures and social security to the queer community.

Justice SK Kaul

The Judge demanded a separate law to tackle the ‘discrimination’ against the LTBTQIA+ community.

He stated, “There needs to be an anti discrimination law and for any discrimination court cannot look at only one form of discrimination. it is needed with a look at the inequalities which has perpetuated and the next step is to examine the framework itself. Legal recognition means social acceptance.. and through legal recognition, queer persons can be seen and heard more.“

Justice Ravindra Bhatt

Justice Ravindra Bhatt, who was part of the majority judgement, directed, “State shall ensure compliance with the judgement that choice of queer to cohabit is not interfered with. State shall take steps that queer and transgender are not subjected to involuntary medical procedures...State shall ensure compliance with the judgement that choice of queer to cohabit is not interfered with.“

Justice PS Narasimha

“A review of the impact of legislative framework in this case requires deliberative exercise and for the same the legislature is entrusted to do so constitutionally,” Justice PS Narasimha ruled.

1...1,6561,6571,658...7,584Page 1,657 of 7,584