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Andhra Pradesh: 8 patients die in a hospital in Nellore, kin blame the authorities for the shortage of oxygen

A shocking incident has surfaced from a Government General Hospital in Nellore city of Andhra Pradesh, wherein 8 persons have passed away. The relatives of the deceased have alleged that the deaths occurred due to a lack of oxygen at the hospital. The family members of the deceased have blamed the hospital administration for the tragic occurrence.

The hospital administration responded to the charges and stated that nobody died from a lack of oxygen. They said that the patients died from their underlying medical conditions. They emphasised that there was ample oxygen available throughout the hospital.

Six of the eight patients, according to the information, were admitted to the hospital’s Medical Intensive Care Unit (MICU) unit. Following their deaths, the superintendent of the hospital, Siddha Naik, intervened and launched an extensive investigation into the tragedy.

Naik delivered a report to the district collector as part of the inquiry. He, however, refuted any accusation that oxygen shortage contributed to the fatalities in his report and identified multiple medical factors as the causes of the deaths.

Iranian government official calls for boycott of all products from Sweden and Denmark over Quran burnings

On 22nd July, a senior Iran government official called for a boycott of all the products originating from Sweden and Denmark over Quran burning incidents in those countries. In a statement, the secretary of a top advisory economic body for the Iranian government, Mohsen Rezaei, said Muslim countries should boycott products either manufactured or sold by Denmark and Sweden as these two Nordic countries have allowed the desecration of the Quran.

Iran’s leader called for boycott of products from Sweden and Denmark. Source: Twitter

Rezaei said that the boycott should be included in the coordinated measures that Islamic governments are adopting to condemn the acts of desecration of the Quran in Sweden and Denmark. He said, “What is happening in some European countries, including in Sweden and Denmark, against Islamic sanctities and the Quran is barbarism rather than freedom.”

He added, “To prevent a repetition of such heinous and inhumane acts, the Muslim countries have a duty to boycott their commodities, expel their ambassadors and follow up on the prosecution of the abusive people and their backers.”

The Islamic countries expressed their anger earlier this week after a second incident of the Quran burning happened in Sweden this year with consent from police authorities and the administration. On 21st July, another case of Quran burning was reported from Denmark, where a man set a copy of the Quran on fire near the Iraqi Embassy in Copenhagen.

In an attempt to express their anger over the incident, Iran has announced it would not accept a new Swedish ambassador and will avoid sending any new envoy.

The protests against the Quran burning are spreading across Islamic countries. In the wee hours of 22nd July, hundreds of people in Baghdad tried to storm into the city’s Green Zone, which is a heavily fortified area as there are several foreign embassies and the seat of Iraq’s government. The protesters raised slogans like ‘Yes, yes to the Quran!’.

Danish humanitarian organisation’s headquarter attacked

As per local media, in a separate incident, headquarters of the Danish Refugee Council (DRC) located in the Basra governorate of Iraq was set ablaze by the protesters. The organisation’s executive director for the Middle East, Lilu Thapa, said, “Our staff on the premises at the time were physically unharmed, but there has been damage to the property with structures set on fire.” DRC has been active in the country for over 20 years.

Iraqi Presidency warns people not in indulge in ‘acts of sedition’

Meanwhile, the Iraqi Presidency has urged international organisations and Western governments to stop incitement and hate practices, “whatever their pretexts”. The official statement also warned the Iraqi citizens not to act in a way that might be described as a ‘plot of sedition’ aimed to show Iraq is unsafe for foreign missions.

Danish Foreign Minister says Quran burning not a crime but ‘foolish’

Denmark’s Foreign Minister Lars Lokke Rasmussen called Quran burning a foolish act while noting it is not a crime in the country. He said, “It is a disgraceful act to insult the religion of others”. He added, “This applies to the burning of Korans [Qurans] and other religious symbols. It has no other purpose than to provoke and create division.” In an official statement, Denmark’s Foreign Ministry said, “It is a provocative act that hurts many people and creates division between different religions and cultures. Denmark has freedom of religion and many Danish citizens are Muslims. They are a valued part of the Danish population. Denmark underlines that freedom of expression and freedom of assembly must be respected. Denmark supports the right to protest but emphasises it must remain peaceful.”

Andhra Pradesh: Woman in Nandigama cuts husband’s genitals for watching ex-wife’s video on Instagram, says it unintentional

On Friday, 21st July 2023, a shocking incident unfolded in Nandigama, Andhra Pradesh, wherein a woman brutally cut her husband’s genitals in an act of revenge. The reason behind the attack was her husband watching a video of his first wife on Instagram.

The victim, identified as Kota Anand Babu, hails from Muppalla village in Chanderlapadu Mandal near Nandigama of the NTR district of Andhra Pradesh. He had separated from his first wife several years ago due to unresolved conflicts and had subsequently married Varamma. The couple had been living in Muppalla for the past five months.

The horrifying incident occurred on Friday evening when Varamma caught Anand Babu watching Instagram reels of his first wife. Enraged by this act, she confronted him, and what began as a heated argument quickly escalated into a violent altercation.

In a fit of rage, Varamma attacked Anand Babu’s private parts using a blade, resulting in severe bleeding and injuries. He was immediately rushed to the Government Hospital in Nandigama for immediate medical attention. However, due to the severity of his injuries, he was later transferred to a hospital in Vijayawada for advanced treatment.

Anand Babu, after receiving medical care, filed a complaint with the police regarding the incident. The police have duly registered a case and have begun their investigation into the matter.

When approached by the media, Varamma explained that the altercation occurred when she discovered her husband watching his first wife’s video on Instagram. However, she claimed that the attack on his private parts was not intentional. As the investigation continues, more details may emerge to shed light on the underlying reasons behind this act.

This is not the first case in recent times where a woman has cut her husband’s genitals. There were two similar cases reported from Odisha and Rajasthan in the recent past. In November 2022, a woman chopped off her husband’s genitals in Rajasthan’s Barmer after a trivial fight. The woman was talking on the phone at night, which led to a fight between the couple. In October 2022, a 33-year-old woman allegedly chopped off the genitals of her husband before stabbing him to death in Odisha’s Jajpur district.

Second wife cannot accuse husband of cruelty under Section 498A of IPC: says Karnataka High Court, quashes conviction of a man

On the 22nd of July, the Karnataka High Court overturned the ruling of the lower courts and quashed the conviction of a 46-year-old man charged under Section 498A of the Indian Penal Code (IPC). The Court ruled that the complaint against the man was filed by his ‘second wife’, which rendered their marriage ‘null and void’ and therefore a case can’t be filed under Section 498A . 

Notably, Section 498A aims to safeguard married women from abuse by their husbands or their spouse’s family members. Since the marriage was found illegal, the High Court set aside the conviction order passed by the lower courts.  

The single-judge bench of Justice S Rachaiah asserted that the lower courts should not have accepted or entertained the charges as the complainant woman was recognised as the man’s second wife. On that basis, the alleged offence under Section 498-A of IPC was not maintainable. 

The court said, “In other words, a complaint filed by the second wife against the husband and her in-laws is not maintainable. The Courts below committed errors in applying the principles and also the law on this aspect. Therefore, interference by this Court in exercising the revisional jurisdiction is justified.”  

The case pertains to Kantharaju who is a resident of Vittavathanahalli in the Tumakuru district and his ‘second wife’. He had filed a Criminal Revision Petition before the High Court where the court addressed serious allegations against him. 

According to the complainant, she was Kantharaju’s second wife. They lived together for five years and had a son together. However, she suffered from health issues and was paralysed which left her incapacitated. She claimed that as her health deteriorated, Kantharaju’s behaviour towards her changed dramatically. Later on, he began subjecting her to cruelty and mental torture. To come out of this situation, she lodged a complaint against him.

Following her complaint and trial proceedings, the Tumakuru Trial Court found Kantharaju guilty under Section 498A of the IPC. The verdict was pronounced on the 18th of January 2019. This court verdict was later confirmed by the Sessions Court in October 2019. 

However, Kantharaju challenged the conviction and filed a Revision Petition before the Karnataka High Court, in the same year. 

After a thorough examination, the High Court concluded that a second wife does not have the entitlement to file a complaint under Section 498A. As a result of it, the High Court set aside the earlier verdicts of the lower courts passed during January and October 2019. 

According to the High Court verdict, the lower court should have considered the complainant as the second wife, as evidence suggested, unless the prosecution had established that their marriage was legal and they should have proceeded according to that. 

The court said, “The prosecution has to establish that the marriage of PW.1 is legal or she is the legally wedded wife of the petitioner. Unless it is established that she is the legally wedded wife of the petitioner, the Courts below ought to have acted upon the evidence of PWs.1 (complainant woman) and 2 (her mother) that PW.1 was the second wife.” 

The High Court highlighted two Supreme Court rulings relevant to this case – the Shivcharan Lal Verma case and the P Sivakumar case.  

Justice Rachaiah stated that the ratio of these two judgments of the Hon’ble Supreme Court clearly indicates that if the marriage between the husband and wife ended as null and void, the offence under Section 498A of IPC cannot be sustained. 

Justice Rachaiah added that since the complainant’s mother admitted that the complainant was the second wife of the petitioner, the conviction ruling of the lower courts is to be set aside.  

The Court remarked, “Admittedly, in the present case, the complainant in her evidence, PW.2 being the mother of PW.1 both have consistently deposed and admitted that PW.1 is the second wife of the petitioner. Accordingly, the concurrent findings of the Courts below in recording the conviction requires to be set aside.”

Odisha triple train accident: 41 bodies kept at AIIMS Bhubaneswar yet to be identified and claimed

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 As many as 41 bodies at the All India Institute of Medical Sciences (AIIMS), Bhubaneswar are yet to be identified after the triple train collision in Odisha’s Balasore district on June 2.

“We have 41 unclaimed bodies. People are coming to us and we are handing over the bodies after matching DNA samples,” said Dr (Prof) Ashutosh Biswas, Director, AIIMS Bhubaneswar, Odisha. “The handing over process for bodies is going on and the relatives/claimants of other bodies are coming to take bodies,” Biswas added.

The process of handing over the bodies will continue till the claimants arrive, it added.

Earlier on Friday Railway Minister Ashwini Vaishnaw said that the lapses in the ‘signalling-circuit-alteration’ leading to wrong signals caused the tragic triple train accident in Odisha’s Balasore district.

The Union Minister further said that the Commissioner of Railway Safety under the Ministry of Civil Aviation has completed its inquiry into the Balasore train accident, which claimed 295 lives.

“The rear-collision was due to the lapses in the signalling-circuit-alteration carried out at the North Signal Goomty (of the station) in the past, and during the execution of the signalling work related to replacement of Electric Lifting Barrier for level crossing gate no. 94 at the Station. These lapses resulted in wrong signalling to Train No. 12841 wherein the UP Home Signal indicated a Green aspect for run-through movement on the UP main line of the station, but the crossover connecting the UP main line to the UP loop line (crossover 17A/B) was set to the UP loop line; the wrong signalling resulted in the Train No.12841 traversing on the UP loop line, and eventual rear-collision with the Goods train (No. N/DDIP) standing there,” Ashwini Vaishnaw told the Rajya Sabha.

The minister was replying to questions by Communist Party of India (Marxist) leader John Brittas and Aam Aadmi Party (AAP) leader Sanjay Singh in Rajya Sabha on the tragedy.

The tragic incident of the triple train accident on June 2 involving the Chennai-bound Coromandel Express, the Howrah-bound Shalimar Express and a goods train.

He further said that 295 passengers lost their lives while 176 sustained grievous injuries, 451 suffered simple injuries and 180 received First Aid Treatment and left.

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

‘They are among top 10 in the world, not arbitrary to classify them as elites’: Delhi HC rejects plea challenging exemptions to Bajrang Punia and Vinesh Phogat

On the 22nd of July, the Delhi High Court dismissed the plea filed by ace wrestlers Antim Panghal and Sujeet Kalkal. The plea had challenged the exemption granted to wrestlers Bajrang Punia and Vinesh Phogat which allowed their direct entry into the Asian Games 2023. 

Justice Subramonium Prasad claimed that the unanimous decision of the ad-hoc committee was not arbitrary or perverse. Claiming that the two athletes are among the top 10 wrestlers in the world, it is not arbitrary to classify them as ‘elite athletes’. 

The court said, “It is nobody’s case that Respondent No.3 & 4 (Bajrang Punia and Vinesh Phogat) are not well known in their respective categories. In fact, both the athletes are in the World Top 10 rankings and, therefore, the categorisation of these athletes as elite athletes also cannot be said to be perverse or arbitrary.”

The court clarified that it was not commenting upon the merits of Panghal and Kalkal as they have also excelled in the field of wrestling, however, it declined to intervene in this matter. 

The court argued that since the Asian Games 2023 will begin in September, there are only two months left, and in case the ‘elite athletes’ sustained injury they would not be able to recover from it. With that, the court added that they are also medals probable and thus the decision to allow them direct entry to the Asian Games was not arbitrary. 

It added, “The Asian Games are to begin in about two months’ time, and in case the injury is caused to the elite athletes, who are medal probables, the time for recovery is extremely low and, therefore, the decision taken by the Committee to exempt Respondents No.3 & 4 (Punia and Phogat) from selection trials in order to ensure that they are not to exposed to injuries during trials cannot be said to be arbitrary or capricious or perverse.”

Earlier on Tuesday, 18 July, the Indian Olympic Association’s (IOA) ad-hoc committee granted exemptions to Punia and Phogat from the trials for the men’s freestyle 65 kg and women’s 53 kg categories. This decision was met with stiff opposition from coaches, current and former athletes, and their parents. 

In a video communication, Antim Panghal raised objections to the ad-hoc panel’s decision. The 19-year-old wrestler from Hisar, along with 21-year-old wrestler Sujeet, currently training in Sonepat, expressed their belief that trials should be conducted fairly, without granting any exemptions to any wrestler. They also emphasised that the entire process should be video-graphed to ensure transparency.

Upset and dejected at the ad-hoc panel’s decision, Panghal asked whether she should quit wrestling completely. 

She said, “Hum pehelwani chhod dein? (Should I quit wrestling?) All I want is a fair trial. I’m not saying that only I can defeat her, there are many women wrestlers out there who can do so.” 

A day after the exemption was granted, on 19th July, under-20 World Champion Antim Panghal and Under-23 Asian Champion Sujeet Kalkal filed a petition in the Delhi High Court challenging the decision by the IOC’s ad-hoc committee. They challenged the exemption and urged the court to direct the wrestling body to conduct a fair selection process for the Asian Games.

The petition was moved by advocates Hrishikesh Baruah and Akshay Kumar. They wanted the court to quash the directive issued by the IOA ad-hoc committee and set aside the exemptions granted to wrestlers Punia and Phogat. 

While Panghal and Kalkal challenged the exemption in the Delhi High Court, several wrestlers and their parents protested at the venue for the trials in New Delhi. Resultantly, the trials at the Indira Gandhi Stadium in the national capital will go ahead behind closed doors on the 22nd and 23rd of July. 

Except for the two weight categories, wrestlers will try their luck to secure a ticket for the grand event scheduled to be held in China later this year. 

On the 22nd of July, the trials for men’s Greco-Roman and women’s wrestling commenced. A day later, on the second and final day, 23rd July, trials for the freestyle team will be held. The committee will oversee trials in a total of 18 Olympic weight categories except for the two for which Punia and Phogat’s have already been exempted.

Karnataka: Three persons arrested over ‘unstable prime ministerial contender’ posters against Bihar CM Nitish Kumar in Bengaluru

Three people were apprehended by the Karnataka police on 22 July in connection with installing posters critical of Bihar CM Nitish Kumar in Bengaluru during the recently completed meeting of the opposition parties. The three persons arrested have been identified as Sriram, Nandakumar, and Mohan, all of whom live in Bengaluru’s Sheshadrip uram neighbourhood.

Sriram sponsored the mounting of the posters, according to the police. They were printed using Nandakumar’s printing press. The tempo that belonged to Mohan was utilised to transport them. The men displayed the posters at twenty different spots throughout the city. They were also concisely placed on the route leading to Bengaluru Airport. The police are now questioning them to learn whether political figures were involved in the instance.

The posters mocking the Janata Dal-United supremo first appeared on 18 July in a number of prominent locations throughout Bengaluru, including the Chalukya Circle, Windsor Manor Bridge and Airport Road near Hebbal locality. They referred to the seasoned politician as an “Unstable Prime Ministerial Contender” along with a picture of him.

The development occurred while opposition parties were conducting a two-day massive ‘unity’ event in the city to demonstrate their power before the pivotal 2024 general elections and create a platform against the incumbent Bharatiya Janata Party alliances.

The posters recounted mishaps of bridge collapses that took place in Bihar during his administration and read, “Bangalore rolls out the Red Carpet for Bihar CM Nitish Kumar. First date of Sultanganj bridge collapse – April 2022. Second date of Sultanganj bridge collapse – June 2023.”

The fact that he was invited to the occasion was also critiqued and stated, “Bangalore rolls out the red carpet for CM Nitish Kumar.” Another derided him and mentioned, “Shri Nitish Kumar, the CM, Government of Bihar, the man who builds underwater bridges.” Additionally, they featured photographs of the fall of the Sultanganj Bridge.

The posters poked fun at his ability to be a strong leader of the opposition. “Sultanganj Bridge, Nitish Kumar’s gift to Bihar, that keeps collapsing. While bridges in Bihar cannot withstand his reign, count on him to lead the ‘Opposition Party’ campaign.”

The police responded quickly and took down the posters after becoming aware of them being displayed at Chalukya Circle, a short distance from the meeting that Nitish Kumar was scheduled to attend.

D.K. Shivakumar, state Congress president and the deputy chief minister of Karnataka had accused the BJP of hanging up the posters attacking the veteran JD(U) leader. He alleged, “It is all our BJP friends’ work. He is a big threat to BJP and by putting up posters against him they are giving him publicity. The Congress party is ready to fight all these forces. Like cowards, they are doing it. Nitish Kumar too knows Karnataka politics well.”

Chattisgarh: ED arrests IAS officer Ranu Sahu in connection with coal levy scam

On Saturday, July 22, the Enforcement Directorate (ED) arrested IAS officer Ranu Sahu in Chattisgarh in connection with the coal levy scam. The arrested civil servant is posted in the state agriculture department. The arrest came after ED conducted raids at her premise on Friday. 

ED counsel Saurabh Pandey said that “Ranu Sahu was arrested for her involvement with an alleged coal levy case, and she was produced in a court hearing Prevention of Money Laundering Act (PMLA) cases here to seek her custody.”

Advocate Pandey added that IAS Ranu Sahu has been remanded in three-day ED custody. ED has provisionally attached Sahu’s property worth Rs 5.52 crores.

Meanwhile, Sahu’s counsel Faizal Rizvi termed the grounds of her arrest as “imaginary” adding his client has been arrested despite cooperating in the probe. 

It is notable that Ranu Sahu is the state’s second IAS officer to be arrested in the matter. Last year, 2009 batch IAS Sameer Vishnoi was arrested after he and his wife were found to be in possession of Rs 47 Lacs of unaccounted cash and Gold jewellery of 4 kg.

Sahu, a Chhattisgarh-cadre IAS officer from the 2010 batch had previously served as a collector for the coal-rich districts of Korba and Raigarh.

The ED raided 15 sites across the state earlier this week, including Sahu’s residence in Raipur, in what agency sources claimed was a new case. The agency also raided Congress Treasurer Ram Gopal Agrawal’s residence. The ED has also raided the homes of bureaucrats, lawmakers and business owners in connection with two scams involving the coal levy and the liquor sales.

The ED had previously stated that the illegal coal levy scam involved a cartel of bureaucrats, businessmen, middlemen, and politicians extorting over Rs 25 per tonne of coal moved throughout the state, with the scam estimated to be worth over Rs 800 crore.

In February this year, the Enforcement Directorate filed a second chargesheet in the case at Raipur PMLA court. The ED chargesheet stated that a Chhattisgarh civil services officer Saumya Chaurasia, then employed as deputy secretary to CM Bhupesh Baghel, is the suspected key individual in creating the syndicate led by the main accused Suryakant Tiwari and that she directly obtained profits of crime to the tune of more than Rs 30 crore.

Andhra Pradesh ex-minister killing: CBI presents YS Sharmila as ‘secret witness’ in YS Vivekananda Reddy’s murder case

The CBI’s second and final chargesheet in the high-profile murder case of Former Andra Pradesh Minister YS Vivekananda Reddy was made public on the 20th of July. In its chargesheet, the CBI revealed that its ‘secret witness’ in the case was none other than YS Sharmila. Notably, she is the younger sister of CM Jagan Mohan Reddy and the YSR Telangana party’s founder and President. 

The CBI chargesheet and her statement given before the CBI officials came out on Friday, 21st of July. In her statement, Sharmila stated that his paternal uncle Vivekananda Reddy wanted to ensure that Avinash Reddy doesn’t get a ticket from Kadapa in the 2019 Lok Sabha elections. 

She categorically stressed that there is a link between the murder and his political moves targeting Avinash Reddy’s political chances. 

She added that there was a cold war-like situation between the two families of  Vivekananda and Avinash Reddy. It is important to note that both their families are closely related and Jagan’s wife Bharathi is the daughter of Bhaskar Reddy’s sister. 

Sharmila further revealed that her uncle Vivekananda had contested against YS Avinash Reddy earlier. According to her, Avinash’s family may have developed ill will against Vivekananda for these reasons.

Sharmila also told the CBI officials that her uncle had blamed Bhaskar Reddy, his brother Manohar Reddy and Avinash Reddy for his defeat in the Andhra Pradesh legislative council elections in 2017. She added that he then decided to teach them a lesson.

She said, “They might have kept this in their heart that this person (Vivekananda) was coming in their way. It may be a political murder or motive.” 

According to the charge sheet, Sharmila’s testimony has corroborated the agency’s theory that YSRCP’s Kadapa MP YS Avinash Reddy (second cousin of Jagan and YS Sharmila) and his father Bhaskar Reddy are the main accused in this murder case and political motives were the reason for the killing. 

As per the theory put forth by CBI, Avinash Reddy and his father Bhaskar wanted to eliminate Vivekananda as their families had been embroiled in a long-running political rivalry, however, this worsened over the Kadapa MP seat in 2019. Subsequently, the father-son duo allegedly hatched a plan to murder Vivekananda with their aide D Siva Shankar Reddy. Apparently, a few of Vivekananda’s closest aides including Yerra Gangi Reddy, Sunil Yadav, and Dastagir were also involved in this murder case. 

According to the CBI, Vivekananda informed Jagan that he should allocate the party’s ticket for the Kadapa seat to either his mother, YS Vijayamma, or his sister Sharmila. In her statement, Sharmila too confirmed this theory. 

She said that Vivekananda came to her two months before his murder and insisted that she agree to his proposal to keep Avinash and his family out of the fray. She claimed that she accepted his proposal despite the fact that she had apprehensions about whether his brother Jagan would give her the ticket.

In the 2011 by-polls, Vivekananda contested as the Congress candidate from Pulivendula assembly seat. YSRCP had fielded Vijayamma who won the seat. Later in the 2014 polls, Avinash was chosen as the Kadapa MP candidate. When Vivekananda thought that Jagan may not give him the seat for the 2019 polls, so he saw Vijayamma or Sharmila as alternatives to block Avinash’s bid for the ticket. 

Sharmila’s testimony to CBI was recorded on the 7th of October, 2022 at the CBI office in Delhi. On account of that, the CBI had earlier stated that it had convinced a key witness to corroborate its theory. In its final charge sheet, the central agency has charged both Avinash and his father Bhaskar Reddy for planning the murder and hiring four assailants. 

The political blame game

On the 15th of March 2019, YSRCP leader YS Vivekananda Reddy was brutally killed at his residence in the Kadapa district of Andhra Pradesh. He was a former Minister, the young brother of Former Andra Pradesh CM YS Rajasekhara Reddy, and the paternal uncle of current Andra Pradesh CM Jagan Mohan Reddy. The CBI took over the case in July 2020.

Back then, YSCRP released a press note stating, “Preliminary conclusions of the post-mortem stated that YS Vivekananda Reddy had been murdered. The coroner’s report held that there were seven stab wounds on his body made by a sharp object.”

The Police added that the deceased suffered multiple injuries caused by a sharp weapon, probably an axe. 

At that time, YSRCP President Jagan Mohan Reddy blamed the TDP for his uncle’s murder. Demanding a CBI inquiry, he asserted that only a probe by an independent agency could reveal the truth. 

However, later Vivekananda’s daughter Suneetha asked the Andhra Pradesh High Court to allow for a CBI inquiry. She claimed that AP CM Jagan was unwilling to pursue it. 

Four Tihar jail officials suspended for security lapse after terrorist Yasin Malik’s physical appearance at the Supreme Court

On 22nd July 2023, Delhi’s Tihar Central prison authorities took stringent action after a serious security breach occurred on 21st July 2023 when separatist leader Yasin Malik was physically presented in the Supreme Court violating orders. Four officials from Tihar Jail have been suspended in connection with the incident. The suspended officials include one deputy superintendent, two assistant superintendents, and one head warder of jail number 7.

Suspension of Tihar Jail Officials

Delhi prison authorities, led by Director General (Prisons) Sanjay Baniwal, suspended the four Tihar Jail officials after a preliminary investigation pointed to their responsibility for the security lapse. Baniwal ordered a detailed inquiry to determine the extent of the officials’ involvement in the incident. The deputy inspector general (prisons headquarters) Rajiv Singh was assigned the task of conducting the inquiry and submitting a report by Monday.

Director General Sanjay Baniwal stated, “I’ve already ordered a detailed inquiry in the matter to be conducted by deputy inspector general (prisons headquarters) Rajiv Singh to fix the responsibility of erring officials. He has been asked to submit his reports in this connection by Monday as it was a serious lapse on the part of jail officials.”

He added, “We have a clear-cut instruction to produce Malik through video conferencing only. Instead, Malik was produced in person before the court. It’s definitely a gross lapse on our part. The erring officials will not be spared.”

Yasin Malik appearing in court is a major security lapse: Supreme Court

Yasin Malik, who is serving life imprisonment in a terror funding case, made a physical appearance in the Supreme Court despite there being no summon or authorisation from the court for his presence. The apex court, represented by a bench of justices Surya Kant and Dipankar Datta, expressed shock at his presence and recused from hearing the matter as it was not within their expectation. The court emphasised the availability of virtual modes for appearances, indicating that physical presence was unnecessary.

The Supreme Court clarified that it had not issued any orders mandating Yasin Malik’s personal appearance in court. The court expressed shock and surprise at the incident, highlighting the seriousness of the breach in security protocols. The bench of justices Surya Kant and Dipankar Datta stated, “There was no such order passed by the Supreme Court asking Yasin Malik to present before it.”

The case for which Yasin Malik appeared in the Supreme Court

The case in which Yasin Malik appeared physically was related to an appeal filed by the Central Bureau of Investigation (CBI), challenging a September 2022 order passed by a TADA court in Jammu. The order required Malik’s personal presence for cross-examination of witnesses related to the 1990 killing of four Indian Air Force (IAF) personnel in Srinagar and the 1989 abduction of Rubaiya Sayeed, daughter of former Union Minister Mufti Mohammad Sayeed.

The Supreme Court had stayed the Jammu court’s order in April 2023, issuing a notice to the respondents, including Yasin Malik, to appear either in person or through an authorised lawyer. However, the court’s order did not specifically call for Malik’s physical presence. As per home ministry guidelines, all terrorists are required to present via video conferencing when their personal appearance in a hearing is required, and there is a ban on physically transporting to courts as it is a major security risk.

Solicitor General’s Response and Letter to Home Secretary

Solicitor General Tushar Mehta, representing the Centre, expressed serious concerns over the security lapse. He brought to light the Ministry of Home Affairs directive, issued under section 268 of the Criminal Code of Procedure, which prevented Yasin Malik’s physical removal from the jail premises for security reasons.

In a letter addressed to Home Secretary Ajay Bhalla, Mehta expressed his firm view that the incident was a grave security lapse. He emphasised the risks associated with Malik’s presence, given his background as a terrorist and separatist with connections to terror organisations in Pakistan. Mehta stressed that the incident not only jeopardised Malik’s security but also put the Supreme Court’s security at risk.

“It is my firm view that this is a serious security lapse. A person with a terrorist and secessionist background like Mr. Yasin Malik who is not only a convict in a terror funding case but has known connections with terror organisations in Pakistan could have escaped, could have been forcibly taken away or could have been killed,” Solicitor General Mehta stated in the letter.