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‘Modi-Thieves’ Remark: Gujarat HC judge recuses from hearing Rahul Gandhi’s petition seeking stay on conviction

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On Wednesday, a Gujarat high court judge recused herself from hearing Congress leader Rahul Gandhi’s appeal request for a stay of execution in the criminal defamation case. He was sentenced to two years imprisonment by the Surat court in the case.

Justice Gita Gopi instructed the court registry to remand the case to the Chief Justice for assignment to a different bench.

Pankaj S. Champaneri, the attorney for the Congressman, requested an urgent hearing before the high court justice. The motion was challenged by the assistant government pleader (AGP), who argued that the matter should be allowed for urgent circulation but not hearing. However, Pankaj S. Champaneri objected, claiming that the state had no involvement because it was a private complaint.

Justice Gita Gopi withdrew from the case after a brief hearing and ordered the court registry to refer the case back to the chief justice for a new bench to be assigned. She wrote, “Not before this court,” withdrawing her right to preside over the proceeding.

Rahul Gandhi appealed to the Gujarat high court on Tuesday to overturn his conviction in the ‘Modi thieves’ case from a Surat magisterial court last month. He contested the April 20 ruling issued by a Surat sessions court rejecting his application for a stay of the conviction.

After the magistrate court found him guilty of the defamation charge and gave him a two-year prison sentence, his membership in the Parliament was immediately suspended. He was granted regular bail and had his two-year sentence deferred while his appeal was underway, despite the fact that extra sessions judge Robin Mogera declined to stay his conviction.

The lawyer for the suspended Wayanad MP noted that he had been in touch with the high court, sent scanned copies of the revision application to the high court registry, and would provide the signed application in the physical copy on Wednesday.

Rahul Gandhi was given a two-year prison term in March under Sections 499 and 500 of the Indian Penal Code (IPC) with his comment, “Why all thieves share the Modi surname,” which he stated at a political campaign in April during the 2019 general election. The case against Gandhi was filed by Surat Bharatiya Janata Party MLA and former minister Purnesh Modi. 

He also had to leave his official residence in Delhi, on Saturday, where he had been living as the MP for the Wayanad constituency.

Operation Kaveri: IAF C-17 aircraft to bring back Indians stranded in war-hit Sudan

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Under “Operation Kaveri”, the Indian Air Force C-17 transport aircraft is scheduled to leave for Jeddah, Saudi Arabia to bring back Indian citizens stranded in Sudan to their homes, according to government sources. 

As per the government sources, the aircraft is planned to leave in the evening from Ghaziabad’s Hindon air base and return with Indians from Jeddah tomorrow morning to Mumbai. India has started evacuating Indians from conflict-ridden Sudan under “Operation Kaveri.” 

The evacuation operation started in Port Sudan. Till now, an estimated 300-500 Indian citizens have been evacuated by ship and other evacuation processes are going on. 

The government sources also stated that the INS Teg is stationed at Port Sudan to bring back Indians from there to Jeddah. 

Earlier, the INS Sumedha has already disembarked 278 Indians from there to Jeddah. INS Tarkash is in the vicinity to take part in the operations there, according to Government sources. 

Now, private carriers in India are also showing their willingness to operate charter flights from India to Jeddah for evacuation. India’s low-cost carrier Indigo has offered its services to the government regarding evacuation under Operation Kaveri. 

“We have offered our services for charter flights to Jeddah under the Indian Government’s Operation Kaveri rescue mission of our citizens from Sudan,” an IndiGo official said. 

“We are still awaiting details from the ministry to launch these flights, nothing has been confirmed as of yet,” the airlines company added. 

Earlier, Abdalla Omer Bashir Elhusain, Ambassador of Sudan to India told ANI, “The evacuation process is a very sensitive process given to the political situation, due to the violation of the ceasefire. Due to the distance between Khartoum and Port Sudan, where most of the Indian citizens are staying, which is almost 1000 kilometres, they will have to go by road. So, it is very clear and obvious that this needs a lot of arrangements and coordination. We provided security and protection for the convoy from Khartoum towards Sudan. Hopefully, this operation will continue until all Indian citizens come back safely to their homes and to their families.” 

Operation Kaveri was launched by India to evacuate Indians stranded in Sudan where the Sudanese Army and paramilitary groups are fighting. Indian Navy has also joined Operation Kaveri with INS Teg arriving at Port Sudan on Tuesday with additional officials and essential relief materials. 

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

Delhi: School van driver Mohd Azhar sexually assaults a 6-year-old girl, arrested

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On Tuesday, the Delhi Police arrested a Muslim person named Mohammed Azhar for sexually assaulting a minor girl. The accused person is said to be the driver of a school van and he has been charged u/s 376 of IPC and section 6 of the POCSO Act for assaulting a 6-year-old school-going girl.

The information was revealed by DCP South East Rajesh Deo to the ANI news agency. The DCP confirmed the identity of the accused and said that the case has been registered at Shaheen Bagh Police Station in Delhi.

Section 376 of the Indian Penal Code deals with the rape of a woman and attracts jail of not less than ten years, which also may extend to imprisonment for life. The accused charged under the IPC is also liable to a fine in such cases. However, section 6 of the Protection of Children from Sexual Offences Act, 2012 deals with aggravated penetrative sexual assault. The law attracts rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life.

This is not the first case of sexual assault reported from Delhi. On April 24, a 58-year-old man identified as Mohd Taqi Ahmed was arrested for allegedly sexually assaulting a minor girl in his house in east Delhi’s Ghazipur.

According to the reports, on April 21, Ahmed reportedly approached the girl, a Class 6 student at a government school, while she was coming from her aunt’s house and pulled her to his residence where he allegedly undressed her and brutally molested her.

Also, last year in September, an underage boy was gang raped by his cousin and three of his friends in the Seelampur area of northeast Delhi. As reported earlier, the victim was just 12 years old. He was beaten with rods, and sticks and a rod was inserted in his private parts. The incident had come to light only after the authorities at the Lok Nayak Jai Prakash Narayan (LNJP) Hospital informed the police that on September 22, a minor boy was admitted for physical assault.

A case then had been lodged under Sections 34 and 377 (unnatural sex) of the Indian Penal Code (IPC) and relevant provisions of the Prevention of Child Sexual Offences (POCSO) Act. The police had also nabbed two of the accused.

In the current case, the accused identified as Mohammed Azhar has been arrested for sexually assaulting a minor girl. Further investigations in the case are underway.

Iranian cleric Abbas-Ali Soleimani assassinated in Babolsar

On Wednesday, April 26, prominent Iranian cleric Ayatollah Abbas Ali Soleimani was assassinated in an armed attack. According to the Iranian state media IRNA, Soleimani was gunned down this morning by an assailant inside a bank in the city of Babolsar in the northern province of Mazandaran. 

IRNA reported that the assailant was immediately arrested and interrogated by the security officials present there. Moreover, it has been reported that the motive behind the attack remains unclear. Three persons were also reported to have sustained injuries during the attack, however, there is no confirmation from the authorities yet.

Soleimani was a member of the 88-member Assembly of Experts, which selects and supervises Iran’s supreme leader. Additionally, he once served as Ayatollah Ali Khamenei’s personal delegate to the unrest-ridden Sistan and Baluchestan province of Iran.

According to local media reports, the attacker snatched the guard’s gun and began firing as Ayatollah Abbas Ali Soleimani was sitting in a bank.  According to some reports, the assailant was a bank guard there.

Soleimani was the Babolsar imam for Friday prayers and has been accused of taking part in the 1980s executions.

In his autobiography, he claimed that he was selected to lead Babolsar’s Friday prayers so that he could counteract the actions of opposition groups.

In 2020, Iran had unfurled a red flag on top of the iconic The Holy Dome of Jamkaran Mosque in Qom, which is an old Shi’ite tradition symbolizing bloody revenge. The words ‘Those who want to avenge the blood of Hussein’ were written across the war flag. As per Shi’ite tradition, red flags also symbolize ‘blood spilt unjustly’ and also serve as a call to avenge the person who is slain. The Jamkaran mosque is on the outskirts of the holy city of Qom, about 100 miles south of Tehran. 

This came after Iranian Revolutionary Guard’s elite Quds Force head General Qasem Soleimani was killed in a drone strike by the US in 2020. He was murdered, along with several other officials from Iraqi militias backed by Tehran, after an American MQ-9 Reaper drone fired missiles at a convoy leaving the airport.

Maulana Tauqeer Raza Khan wants Yogi Adityanath prosecuted, accuses him of ‘conspiring’ to kill Atiq Ahmed

Ittehad-e-Millat Council (IMC) chief Maulana Tauqeer Raza has alleged that Uttar Pradesh chief minister Yogi Adityanath has played a pivotal role in the killing of Atiq Ahmed and Ashraf Ahmed in Prayagraj. Maulana Tauqeer Raza Khan also demanded that Yogi Adityanath should be held accused of criminal conspiracy in this case.

Maulana Tauqeer Raza Khan held a press conference on Monday, 17th April 2023. In this press conference, he said, “There is only one person to be blamed for all the encounters that have taken place till date including the encounter of Vikas Dubey. The man who first says he will reduce them to dust and then does what he said must be held accused of 120B.”

Section 120B of the IPC refers to criminal conspiracy to commit an offence carrying punishment up to death. According to the Maulana, as Yogi Adityanath had said that ‘Mafia ko mitti mein mila denge’, after which Atiq Ahmed was killed, therefore the CM should be made guilty of criminal conspiracy to kill the mafia don.

While speaking to UP Tak, Maulana Tauqeer Raza Khan also defended Atiq Ahmed’s wife Shaista. He said, “A woman is accused under Section 120B. In fact, Yogi Adityanath should be accused of 120B, but here Shaista is accused. I would like to demand at this time that according to the Shariat, it is obligatory for a Beva (widow woman) that she should stay in “Iddat” for 4 months and 10 days and not show her face to any forbidden person (or a strange man). My appeal is that Shaista should be searched for and if she is found, her face should not be exposed. She is in the middle of her “iddat period” and till the end of iddat, she should be kept under house arrest.”

Maulana Tauqeer Raza Khan announced an indefinite sit-in protest on Thursday, 20th April 2023. After this, the police put him under house arrest. Due to this, he could not easily go out of the house for Namaz. A large number of policemen were deployed outside his house.

Maulana Tauqeer Raza Khan said in an interaction with UP Tak, “If I threatened to kill someone, then even if I didn’t kill him, and someone else killed him, won’t there be any case against me? He (Yogi Adityanath) announced in the Assembly House that he would reduce them to dust and then he literally reduced them to dust, whether the case can be made against him or not? I have such a simple question. If such a case is booked, he should face it.”

He further said, “Today, I am not protesting in support of Atiq, but in support of the court. If people supporting the court are villains for you, then you present them as a villain. The Chief Minister said in the House, his ministers and leaders also said that the car will overturn, this will happen, and that will happen. This means that they had planned to do this. If there is an honest investigation, he will be found guilty, but I do not expect an honest investigation. If there is anything called justice left and Yogi Adityanath Ji has even the slightest bit of humanity in his heart, then he should face this trial and resign from his post till the trial is done.”

Gangster Atiq Ahmed and his brother Ashraf Ahmed were killed on 15th April 2023 while being taken for a medical checkup in the government hospital in Prayagraj at around 10:40 pm. All three assailants were arrested by the police on the spot. The investigations, in this case, are going on.

‘Gather the guts to question Sharad Pawar’s relations with Adani’: Assam CM Himanta Biswa Sarma challenges Rahul Gandhi

On Wednesday, Assam CM Himanta Biswa Sarma challenged Congress’ leader and former MP Rahul Gandhi to raise questions about NCP Supremo Sharad Pawar and Business tycoon Gautam Adani’s relations. He asked if Gandhi, who tweeted about him being friends with Adani, had the guts to question Sharad Pawar over his friendship with the businessman.

The Assam CM was speaking at the third edition of the Republic Summit 2023 in New Delhi. Recalling Gandhi’s tweet in which he had alleged that Sarma was friends with Adani, the Assam CM said, “So, these people do politics of convenience. You tweeted about Adani and BJP but when Gautam Adani sits at Sharad’s house for two-three hours, then why did Gandhi don’t tweet about it?”

“Rahul Gandhi tweeted that we are Gautam Adani’s friends. If it was possible, then I would have considered myself lucky. I don’t know him but unfortunately, North East people would take time to reach Adani, Ambani, and TATA. We are trying to reach there but does Rahul have the guts to tweet about Sharad Pawar and his friendship with Adani, ‘Pawar ji, what are your relations with Adani?'” he pondered.

On April 9, Assam Chief Minister Himanta Biswa Sarma had said that he would move to court against former MP Rahul Gandhi over his recent ‘Adani’ tweet linking some ex-Congress leaders, including Sarma, with the Adani Group.

“They hide the truth, that’s why they mislead everyday! The question remains the same – who has ₹20,000 crore benami money in Adani’s companies?” the Congress leader had tweeted. Additionally, he stated that Sarma had financial stakes in the Gautam Adani-led enterprise, along with Ghulam Nabi Azad, Jyotiraditya Scindia, Kiran Reddy, and Anil Antony.

The Assam CM then had slammed Gandhi by saying, “It was our decency to have never asked you, on where have you concealed the proceeds of crime from the Bofors and National Herald Scams. And how you allowed Ottavio Quattrocchi to escape the clutches of Indian justice multiple times. Anyway, we will meet in the Court of Law.”

On April 20, Industrialist Gautam Adani met Nationalist Congress Party (NCP) chief Sharad Pawar at his Mumbai residence ‘Silver Oak’ and the meeting lasted for around 2 hours. The said meeting had become a talk of the town as it stood amid the intense speculation over Sharad Pawar’s nephew Ajit Pawar joining hands with the BJP.

The meeting also followed the episode in which the NCP supremo had defended Adani over the Hindenburg report controversy, though the Congress and the other opposition parties continued to attack the businessman.

Congress leader Rahul Gandhi in the parliament during the budget session questioned Prime Minister Narendra Modi’s relationship with Gautam Adani after the Hindenburg report alleged that the Indian giant had participated in a clear stock manipulation and accounting fraud scheme over decades.

During the budget discussion, the opposition urged to form a joint parliamentary committee to look into the accusations made against Adani. The session finished on April 6, but the following day, Pawar told Gautam Adani-owned NDTV in an interview that the demand for a JPC was impractical because the Supreme Court was still hearing the matter.

Pawar’s NCP is in a coalition with the Congress and Uddhav Thackeray’s Sena in Maharashtra. While Pawar defended Adani over the Hindenburg report, Rahul Gandhi and Uddhav Thackeray remain firm over their demand for a JPC probe.

Goa: FIR registered against two Muslim sisters over derogatory Instagram posts on Hindu deities

Goa Police’s Crime Branch has registered a case against two Muslim sisters studying at DAV School for sharing derogatory posts against Hindu Dharma and deities on Instagram. Both the sisters have been summoned by the Crime Branch for questioning. 

This comes after a Twitter user shared screenshots of the contentious content posted by the two Muslim sisters and also shared links to their Instagram accounts. The Twitter user alleged that the two sisters in question were abusing Hindus and also inciting communal hatred.

Goa Police took note of the matter, meanwhile, the Instagram accounts of the two Muslim sisters are unavailable. IPS officer Nidhin Valsan tweeted that an FIR has been filed in response to the tweet that highlighted the actions of the two sisters, tainted with an anti-Hindu mindset. After that, on April 25, 2023, IPS Valsan quoted the tweet and stated that the Crime Branch had summoned the accused twin sisters to appear for questioning. 

“Twin sisters from Goa who allegedly made religiously derogatory Instagram posts have been summoned under crpc 41(a) by Crime Branch Goa in the case registered,” IPS Nidhin Valsan tweeted.

Notably, social media platforms like Instagram have evolved into a hub for the propagation of hatred against Hinduism. Due to the lack of immediate action against offensive content about Hindus posted, Instagram is turning out to be a hotbed of anti-Hindu mentality.

Editorial Note: Names of the accused sisters have not been published as they are minors.

Same-sex marriage row: Married in Texas, gay India couple files petition in SC seeking to make Foreign Marriage Act gender neutral

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A new petition has been submitted to the Supreme Court that has added a new angle to the same-sex marriage argument, which is currently the subject of a contentious Supreme Court hearing. Vaibhav and Parag have been in a gay relationship since 2012.

They got married in Texas in 2017 and recently adopted a four-month-old baby. Now, the couple is pleading with the Supreme Court to make the Foreign Marriage Act gender-neutral through senior counsel Geeta Luthra.

The pair made an appearance virtually during the proceedings before a five-judge constitutional bench, which was presided over by Chief Justice DY Chandrachud. On Monday, the CJI had disapproved of attorney Mathews Nedumpara for pointing at a woman petitioner to tell the court that she had come five times to request an early hearing of her petition. “We don’t need an exhibit here,” he stated.

“They are free and equal in other countries but on coming to India, they become non-married. During the Covid pandemic, visas were granted to spouses to visit their home country, but this couple was denied as their marriage was not recognised in India. The SC should make the FM Act gender-neutral to allow them to register their marriage here,” Geeta Luthra argued mentioning that Texas laws recognise same-sex marriage.

“Marriage, the oldest social institution, has never been a static concept. Inter-caste and inter-faith marriages were not recognised earlier. Some countries did not recognise interracial marriages. But marriage as an institution has evolved to usher in equality in social relationships,” she emphasised.

The LGBTQIA+ community cannot wait for Parliament, which will take its time, to recognise their right to marriage, similar to that of heterosexual couples, insisted senior attorney Anand Grover. “The right to marriage is a fundamental right which cannot be curtailed on the ground that same-sex couples lack the capacity to procreate,” he proclaimed.

According to senior counsel Jayna Kothari, the right to marriage is unaffected by sexual orientation or gender identity. “Right to marry confers the right to have a family, which is not a heterosexual phenomenon as a family gives a person stability, dignity, social recognition and emotional support,” she voiced.

Senior advocate Menka Guruswamy asserted that world over, 5-7% of the population identifies themselves as LGBTQIA+. Millions of people in India are a part of this global community, and the government cannot order the court to wait until Parliament recognises their basic rights.

He cited the Indian Psychiatric Society’s statement in support of same-sex marriage rights, which was released on the day of the SC hearing on April 18. He claimed that the right to marriage is inextricably tied to the right to life.

Chhattisgarh: 10 DRG jawans and 1 driver killed in IED blast by Naxal terrorists in Dantewada, many vehicles damaged

In Chattisgarh’s Dantewada, an IED blast by Naxal terrorists has killed 10 personnel of the District Reserve Guard (DRG) and a civilian driver. The IED blast was aimed at the vehicle carrying the DRG personnel.

Chhattisgarh CM Bhupesh Baghel has confirmed the news. He has called the incident very saddening. This is the first major attack by Left Wing terrorists this year.

As per initial information the incident occurred in Aranpur area of Dantewada during an anti-Naxal operation. Many jawans have been injured and several vehicles have been damaged.

As per initial reports, the attack happened when the personnel were mobilised upon receiving intel about the presence of Naxal terrorists in the area. More details are awaited.

‘Worry about Bihar’: Prashant Kishor’s sharp attack on Nitish Kumar and Tejashwi Yadav amid JDU chief’s attempt for ‘United Opposition’

Political strategist Prashant Kishor on Tuesday took a dig at Bihar Chief Minister Nitish Kumar’s calls for opposition unity against the Bharatiya Janata Party (BJP) by citing the example of former Andhra Pradesh Chief Minister N Chandrababu Naidu’s attempt in the 2019 general elections.

“In 2019, former Andhra Pradesh Chief Minister Chandrababu Naidu played the role that Nitish Kumar is trying to play. Nitish Kumar has 42 MLAs, it is a ‘langdi sarkar’ (crippled government), while in Andhra Pradesh, Naidu was in the majority. Even he was touring India. But what was the result? He lost in Andhra Pradesh. So, Nitish Kumar should worry about Bihar,” he stated while addressing the media during the Jan Suraj Yatra.

“The party which has zero MPs is deciding who will be PM of the country. His party has no hold and now he is trying to unite other parties,” the former Nitish Kumar advisor and ex-national vice president of Janata Dal (United) remarked.

“Has Mamata Banerjee agreed to concede seats to Congress in West Bengal? Is she offering seats to Lalu and Nitish in West Bengal or will they offer TMC (Trinamool Congress) even one seat in Bihar? Does Nitish Kumar know more about Mamata Banerjee than me? Who knows about Nitish Kumar there (West Bengal),” he asked.

Furthermore, he attacked Tejashwi Yadav, the deputy chief minister of Bihar, mentioning that the latter, who had pledged to create 10 lakh jobs, would not have been employed if he weren’t the son of Rashtriya Janata Dal (RJD) leader Lalu Prasad Yadav.

“Tejashwi Yadav talked about providing 10 lakh jobs in the first cabinet meeting itself. Everyone knows he cannot give 10 lakh jobs. If he was not Lalu ji’s son, he would not have got a job himself. If Tejashwi Yadav was not the son of Lalu Prasad Yadav, what job would he have got in the country,” he charged. The deputy chief minister should ask for an apology, according to the political strategist, for lying about offering employment.

On Monday, Nitish Kumar, along with his deputy Tejashwi Yadav met his West Bengal counterpart Mamata Banerjee and Samajwadi Party chief Akhilesh Yadav, pitching for a united opposition. He had also met the recently disqualified Wayanad Lok Sabha MP Rahul Gandhi and Congress president Mallikarjun Kharge.