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Tip-off about porn racket in February, women lured with roles, Raj Kundra and his personal involvement: What led to his arrest and what we know so far

OpIndia Staff
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Tip-off about porn racket in February, women lured with roles, Raj Kundra and his personal involvement: What led to his arrest and what we know so far

On Monday, the British-Indian businessman and husband of Bollywood actress Shilpa Shetty – Raj Kundra was arrested by the Mumbai Police on charges of creating pornographic films and publishing them through mobile apps.

According to the reports, Raj Kundra is accused of being a key conspirator in creating and published pornographic content online. The Mumbai Police officials investigating the porn film racket case involving Raj Kundra have alleged that he has made over 100 porn movies in the last one-and-a-half-year.

The Crime branch officials said they have recovered “huge data” of porn movies, running into terabytes (TB) during their raids at Raj Kundra’s office in Andheri West, Mumbai. The police have also seized the server and devices allegedly used to store this data. At least 70 adult movies have been recovered from the server.

The Mumbai officials alleged that Raj Kundra entered the porn industry in August 2019 and earned crores through them. The arrest of Raj Kundra comes months after Mumbai Police had initiated a coordinated probe into the porn film racket case. The case is under investigation since the beginning of this year.

Mumbai Police received tip-off in February, conducted coordinated probe to unearth porn racket

According to the reports, the Mumbai Police first received a tip-off on February 4, saying a porn movie was being shot at a bungalow in Madh Island. During the surprise raid on the bungalow that followed, the police found two persons in a state of undress being filmed in intimate poses.

The Mumbai Police had arrested five men from the spot, and a woman was rescued from the house that day. The latter was made a complainant in the case, which eventually led to the arrest of businessman and actor Shilpa Shetty’s husband, Raj Kundra, five months later on July 19.

According to the police, the five accused would lure aspiring actresses, especially those who came from rural areas of Maharashtra or Jharkhand, promising them roles in web series. On the day of the shoot, the accused would eventually inform the victims that the script had been changed. Later, they would force them to undress and shoot intimate scenes.

If any of them refused to indulge in such movies, the accused would threaten them with the bill for setting up the shooting. As these women came from humble backgrounds, most of these women would succumb to the pressure, the police had said. After forcefully shooting the pornographic content, the accused used to upload them on mobile applications like Hot Hit Movies and Hotshots.

The accused offered monthly subscriptions through these apps similar to mainstream OTT platforms and also earned revenue through paid advertisements on their social media platforms. In June 2020, the Apple Store and Google Play Store removed the apps after receiving complaints saying the apps were streaming pornographic material.

Adult movies were shot in a bungalow, sold films to foreign entities: Mumbai Police

During the probe, the Crime Branch found that these adult movies were shot in a day at rented bungalows on the outskirts of Mumbai, usually Madh Island. A staff of five to six people, who doubled up as directors, dialogue writers, web app developers and assistants, worked in making the films. As the accused uploaded the content regularly, these apps became especially popular, with some of them having more than a lakh subscribers.

During the course of its investigation, the Mumbai Police focused on producers and others who assisted in the process of shooting. The Mumbai Police had arrested nine people, including producer Rowa Khan, small-time model and actor Gehana Vasisth.

Later, the crime branch started probing entities that bought such adult films. Upon the investigation, they came across a name called Umesh Kamat. The police arrested Umesh Kamat, who worked with UK-based Kenrin Pvt Ltd, a production company that owns the Hotshots app where some of these movies were uploaded. Umesh Kamat was a former personal assistant of Raj Kundra.

As Mumbai Police grilled Umesh Kamat and went through his call records, the Mumbai police found that Kenrin just owned the app, but Raj Kundra ran the operation through his Mumbai-based company Viaan Industries. The Mumbai Police filed a charge sheet filed in April, however, they did not name Kundra.

Umesh Kamat confessed that he uploaded at least eight “pornographic and obscene” videos shot by Gehna Vasisth on a social media app. The police suspect that Kundra has a stake in Kenrin.

The Mumbai Police subjected Kamat’s laptop to forensics which revealed more damning details about the involvement of Raj Kundra. The police team raided Kundra’s place on Monday and said they now have “incriminating evidence” to prove his involvement in the porn racket.

WhatsApp chats have revealed that Kundra had hatched a ‘Plan B’ for broadcasting pornographic films after app ban

According to a report by News18, the Whatsapp conversation of Raj Kundra have revealed that he had devised a backup plan to broadcast pornographic films after his Hotshots app was taken down by both Google and Apple store.

During the raids, the crime branch also recovered a server and 70 videos filmed by Kundra’s former assistant Umesh Kamat in association with other production houses. In total, Raj Kundra is believed to have produced more than 100 porn movies in the last few years.

The police have accessed a series of WhatsApp conversations allegedly belonging to Kundra, where he spoke about a standby plan of launching another OTT platform. The “Plan B” involved launching a new application to continue the illegal business of producing and circulating pornographic content.

The police have also analysed agreement papers, subscription details, emails, WhatsApp chats, etc. In one of the WhatsApp groups named “H ACCOUNTS”, he had discussed live revenue of Rs 1.85 lakh and movie sales of Rs 4.52 lakh, the police said. The police have accessed at least four screenshots of the WhatsApp chats in which Kundra was allegedly seen discussing his plans.

The screenshots read, “Plan B started max 2-3 weeks the new app will be live iOS and Android it’s a blessing”. During this conversation, a member named Rob Digital Marketing Hotshots asks Kundra, “until then, can we deactivate all the bold films and the Appeal again the Play store”.

In another screenshot, a member said to Kundra, “till BF (Bollyfame) is up, let’s find out a way to sustain HS (Hotshots).” Apparently, Kundra discussed of removing “extremely bold content” from the platform, for the time being, the Mumbai Police said.

On October 11, the members of the “H ACCOUNTS” WhatsApp group also discussed the live revenue of Rs 1.85 lakh and movie sales of Rs 4.52 lakh. Kundra and his brother-in-law Pradeep Bakshi appreciated the member.

The police have now sent the server for forensic analysis to know whether Raj Kundra used the servers to upload pornographic material to his UK-based shell company Kenrin. The police have asked the businessman to share his bank details. Meanwhile, Kundra’s bank accounts with deposits of around Rs.7.5 crore have been frozen by the police in connection with the case.

Meanwhile, the police have described Kundra as the “key conspirator” in the case that was registered on February 4 at the Malwani police station in suburban Mumbai. In all, 11 persons have been arrested so far in the case, the Mumbai police have said.

Raj Kundra has been booked under IPC sections 420 (cheating), 34 (common intention), 292 and 293 (related to obscene and indecent advertisements and displays), besides relevant sections of the IT Act and the Indecent Representation of Women (Prohibition) Act.

‘No Holy Cow’: Ex-Dainik Bhaskar Editor defends IT raids, talks about the media house being involved in ‘illegal activity’, harassing govt

OpIndia Staff
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‘No Holy Cow’: Ex-Dainik Bhaskar Editor defends IT raids, talks about the media house being involved in ‘illegal activity’, harassing govt

Hours after the Income Tax (IT) Department raided the offices of Dainik Bhaskar, a former Editor of the Hindi daily has voiced his support for the media crackdown. Headquartered in Madhya Pradesh, Dainik Bhaskar is one of the leading dailies with over 60 editions in multiple languages.

In a Facebook post, LN Shital wrote, “Media is not a holy cow, which is somehow immune from being probed. The crackdown on the ‘Bhaskar group’ by the IT Department and ED (Enforcement Directorate) has been dubbed as an attack on independent media. It is being said that the government is miffed with the anti-establishment reportage of Dainik Bhaskar and wanted to intimidate other media houses. Those who say this must remember that no newspaper or media channel is a ‘holy cow’ with innate immunity.”

LN Shital emphasised that everyone is aware of the fact that several media houses run illegal businesses and therefore harass the government such that it ignores their activities. He alleged that Dainik Bhaskar has been at the forefront of such activities. Shital claimed that the media group acquired land from the government at cheap prices and repurpose the land for their own benefits. He added that Bhaskar has been building and selling duplex flats by collaborating with builders and merchants. According to the ex-Editor of Bhaskar, the group is now doing superlative work in provoking the masses against the government.

Screengrab of the Facebook post by LN Shital

“Media is an industry. Why can’t it be raided like other industries? But whenever such a thing happens, some cry that the government is carrying out an act of vengeance. How did a company (valued less than ₹100 crores in 1990) is valued at ₹1000 crore in 2021? This information is known to everyone. And it does not take much knowledge to understand… Bhaskar is the strongest, largest, and fastest-growing media group! It wields a lot of power. Its outreach extends way beyond, and even governments tremble at its might!! Then what are they afraid of?” he pointed out.

While speaking about the power assumed by the Dainik Bhaskar group, LN Shital said, “If it didn’t evade tax, then it can shake the Parliament with the help of the opposition. It can hire the most expensive lawyers and keep its point of view before the Supreme Court of India. It can manipulate its large reader base and determine election outcomes. When they have the power to do so much, what can IT Department or ED do to them?” According to his LinkedIn profile, LN Shital worked for 9 years at Dainik Bhaskar between 1992 and 1999.

TMC MP Santanu Sen suspended from Rajya Sabha for the Monsoon Session, had snatched and torn IT Minister’s statement

OpIndia Staff
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TMC MP Santanu Sen suspended from Rajya Sabha for the Monsoon Session, had snatched and torn IT Minister’s statement

A day after Trinamool Congress (TMC) MP Shantanu Sen snatched and tore IT Minister Ashwini Vaishnaw’s Pegasus statement on the floor of Rajya Sabha, he has been suspended from the upper house for the remaining period of the monsoon session.

According to the reports, Minister of State for Parliamentary Affairs V Muraleedharan moved a motion for Sen’s suspension on Friday. The motion was passed by a voice vote leading to his suspension.

After suspending TMC MP Santanu Sen from the Rajya Sabha for the rest of the monsoon session, Rajya Sabha Chairman M Venkaiah Naidu asked him to leave the house.

Vice President Venkaiah Naidu, the presiding officer of the upper house, said that he was deeply distressed by the course of events in House on Thursday.

“Unfortunately, proceedings of the House hit a new low with papers being snatched from the Minister and torn into pieces. Such actions are a clear assault on our Parliamentary democracy,” RS Chairman Venkaiah Naidu said.

Meanwhile, the TMC members in Rajya Sabha protested against the decision of the house and claimed that the motion was brought without listing it in the day’s business.

TMC MP snatches paper from IT Minister Ashwini Vaishnaw, tears it down

On Thursday, Trinamool Congress Rajya Sabha MP Santanu Sen had snatched papers from Union IT Minister Ashwini Vaishnaw and tore them to bits as he rose to address the Pegasus snoop gate controversy.

The TMC members, along with Congress and other opposition party members, had rushed into the well of the House as the minister was called to make a statement on the Pegasus snooping row. As they were protesting, Sen snatched the papers, tore them into pieces and threw them at the presiding officer’s chair.

Bombay High Court takes back its statement praising Stan Swamy after objections by NIA

OpIndia Staff
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Bombay High Court takes back its statement praising Stan Swamy after objections by NIA

The Bombay High Court today withdrew its comments praising Stan Swamy after objections by the NIA. Justice SS Shinde said that he realises that NIA was hurt that he said something personally, and informed that he is taking those words back.

He said that the court always endeavours to be balanced. However, the judge justified the earlier comment saying that they are also human beings.

On July 19, the Bombay High Court had praised Stan Swamy following his demise. The court said that it has respect for works done by him. Justice Shinde had said that the graceful funeral service of Swamy had touched him. He had said, “I was informed about the timing of the funeral service. Such a wonderful person. The kind of services he has rendered to the society. We have respect for his work. Legally, whatever is there against him is a different matter…We normally don’t get time for TV, but we saw this funeral, and it was very graceful.”

84 years old Stan Swamy was under arrest by NIA in the Bhima Koregaon-Elgar Parishad case, and died on July 5 in a Mumbai hospital due to health issues. After his death, a Bombay High Court bench of Justices SS Shinde and NJ Jamadar had asked the authorities conduct a probe into the death.

The court had made comments on Monday during the hearing of an appeal to allow ex-Xaviers College Principal Father Frazer Mascaren to join the mandatory Magisterial inquiry into Father Swamy’s death as next of kin. The court had also said that it had ensured that Swamy received all possible medical attention after his health had deteriorated.

The court mentioned that Mascaren didn’t have any complaint against the court and the hospital regarding treatment of Stan Swamy. “When the matter was heard, and the medical officer informed about the very, very sad news, you said you don’t have a grievance against the hospital or the court… Every time we have acceded to your request. It is very unfortunate. We never imagined that this would happen. So far as our court is concerned, we give patient hearing to every side,” the court had said regarding the death.

Afghanistan: Taliban killed over 100 civilians after the fall of Spin Boldak, US forces carry out strikes in Kandahar

OpIndia Staff
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Afghanistan: Taliban killed over 100 civilians after the fall of Spin Boldak, US forces carry out strikes in Kandahar

The raging Afghanistan conflict has taken a turn for the worse as Taliban terrorists reportedly have killed more than 100 civilians, seemingly without any reason. The Afghan Ministry of Interior(MoI) confirmed the massacre that took place in the Spin Boldak district of Kandahar province.

The Ministry also suspected Pakistani hand in the carnage that unfolded in Kandhar that resulted in the casualty of more than 100 civilians. 

“The brutal terrorists on the order of their Punjabi bosses (Pakistan) ambushed the homes of the innocent Afghans in certain areas of Spin Boldak, looted the homes and martyred 100 innocent people,” said Mirwais Stanekzai, a spokesman for the Ministry of Interior.

In addition to the tragic loss of more than 100 civilians, a member of Kandhar’s provincial council said that he lost his two sons after unidentified gunmen abducted them from their home a day before Eid and killed them. 

The Taliban, however, has denied their involvement in the barbaric killing of civilians. 

But the Afghan security agencies claim the carnage was Taliban’s handiwork. Personnel of Afghan forces say dead bodies are still strewn on the grounds in Spin Boldak. 

“They (Taliban) even resorted to the looting of the homes of civilians and govertment offices including the destruction of public infrastructure,” said Rohullah Ahmadzai, a spokesman for the Ministry of Defense. “They also assassinated the civilians,” he further added.

By some accounts, those killed include athletes, CS activists, business persons, vloggers & persons suspected of sympathising with the Afghan government. It is also worth noting that Pakistani agencies have long viewed the town where the massacre took place as fiercely against the Durand line and sympathising with Baluch & Achekzais next door.

The current chaos that has swept Afghanistan can be linked to the US government’s decision of pulling out all American troops stationed in the country by 11 September 2021. The withdrawal announcement has touched off a free-for-all crisis, where different terror groups, including the Taliban, are vying to wrench the control of the country from the official Afghan government. 

As a result, violence has erupted in many parts of the country as the Taliban seeks to establish its dominance and pushback the government forces. As a part of its offensive, the Talibani fighters are systematically attacking province after province, increasing their territorial hegemony. The Spin Boldak is one of the areas that is currently controlled by Taliban. It is also the same region where Indian journalist Danish Siddiqui was killed while covering the conflict. 

US military carries strikes against Talibani terrorists in Kandahar

Meanwhile, the United States carried out overnight strikes in support of Afghan forces in the Kandahar province and to repel the advancing Talibani terrorists. The US military retains the authority to carry out strikes it deems suitable even as the forces are in their final steps of withdrawal. 

“In the last several days, we have acted through airstrikes to support the ANDSF,” said Pentagon spokesman John Kirby, referring to Afghan government forces.

However, the frequency of strikes has evidently reduced. The US military has carried out six to seven strikes in the last thirty days, mostly using drones to strike the targets. 

The US has long provided air assistance to the Afghan forces on the ground to take on the Talibani terrorists. But many analysts believe, the hasty pullout of the US forces might benefit the Taliban as the Afghan’s fledgling air power has proven to be woefully incompetent in stopping the terrorists.

Rahul Gandhi claims his phone was ‘tapped’ even though ‘Pegasus Project’ story did not prove so, says IB tells him about it in secret

OpIndia Staff
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Rahul Gandhi claims his phone was ‘tapped’ even though ‘Pegasus Project’ story did not prove so, says IB tells him about it in secret

The Pegasus ‘snoop gate’ story has taken mammoth proportions even though the entire story that was concocted by several media outlets, including The Wire, has fallen flat on its face. Now, Rahul Gandhi has come making some grave allegations on the back of the debunked Pegasus ‘snoopgate’ story. Congress leader Rahul Gandhi has claimed while talking to the media that “not just this” but “all his phones” are tapped.

Hilariously, being true to the moniker given to him by people, lovingly so, Rahul Gandhi says that people from the Intelligence Bureau call him up to inform him that his phone is being “tapped” and therefore, he should be careful about what he says.

Rahul Gandhi doesn’t stop there. He further says that his security personnel tell him that they have to debrief their own seniors about whatever Rahul Gandhi says in front of them. It is pertinent to remember that Rahul Gandhi is an SPG protectee and therefore gets Z+ security.

What is interesting to note here is the fact that Rahul Gandhi has used the Pegasus story to claim that not “just this” (meaning the phone number that appeared in the purported Pegasus list), but all his other phones have also been tapped.

However, his basic premise itself is incorrect. While Rahul Gandhi claims that “not just this phone was tapped”, the underlying assumption being made by him is that this phone of his, meaning the number which appeared in the questionable Pegasus list, was certainly tapped.

While Rahul Gandhi makes such statements, it is important to remember that the Pegasus “expose”, which has now been thoroughly debunked, never really claimed that Rahul Gandhi was indeed tapped. They merely worded their article carefully and slyly enough to mislead the people into making wild conjectures.

The Guardian had published an article where they claimed that Rahul Gandhi was another POTENTIAL target of snooping “by the Modi govt”. To make their point, which is not based on facts, the featured image they used contained the photo of Narendra Modi and Rahul Gandhi.

It is important to note that The Guardian only says that the number was “selected as a potential target”. The turn of phrase makes it sound like the Indian govt had planned to hack these phones, however, the truth is far from it. It is pertinent to note that in the previous stories published by The Guardian, it had itself, repeatedly said that merely the fact that a number appears in the list does not mean that the phone was hacked or that any NSO client even intended to hack the phone.

Essentially, The Guardian said that Rahul Gandhi’s numbers appear on the NSO list that they claim to have access to, however, there is no evidence that he was hacked or that anyone had planned to hack him, let alone the Indian govt that has refuted the claim that it even uses the Pegasus software. 

Therefore, to further draw the link that the Indian government POTENTIALLY hacked Rahul Gandhi’s phones is a lie, one that is being spread by The Guardian with impunity.

Further, one also has to remember that now, Amnesty itself has alluded to the fact that the list of the 50,000 numbers that they claim to have access to is not an NSO list at all. They claim that they found some phones which were apparently infected with Pegasus and then, they basically accessed a list of “the kind of people” that “maybe potential targets”.

At this point in time, therefore, one does not even know where this list really came from and what the authenticity of this list is. While Amnesty claims to stand by its story, there are several crucial aspects that remain unanswered.

While Rahul Gandhi has, expectedly, used a suspicious story to claim that ‘all his numbers’ are being tapped by the Modi government, another claim he made is far more laughable. He claimed that Intelligence Bureau officers call him to inform him that his phone is being tapped and therefore, he should be careful about what he says. It is pertinent to note that in India, set guidelines are prescribed for the tapping of phones. Under Section 5(2) of Indian Telegraphic Act, 1885 state and central governments can tape phones, however, the guidelines and permissions required are extensive. No phone tapping is authorised without permission from the various departments involved and all departments have to fill out forms to justify the need for such tapping.

It is a bit fantastical for Rahul Gandhi to make allegations that he cannot substantiate since it is easier to make unverifiable statements that create an atmosphere of doubt. However, as of now, there is no proof that any of his phones are tapped – The Pegasus story has been a massive fail with no proof of any illegal tapping by the Indian government and further, while Rahul Gandhi speaks to friendly media and makes unsubstantiated claims, it must be remembered that he has provided no proof of his allegations other than his words – which let’s admit – are not exactly reliable.

Model Sagarika, who accused Raj Kundra of asking her for a ‘nude audition’, gets rape and death threats: Read details

OpIndia Staff
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Model Sagarika, who accused Raj Kundra of asking her for a ‘nude audition’, gets rape and death threats: Read details

On Thursday (June 22), model Sagarika Shona Suman claimed that she has been receiving death and rape threats following her revelations about Raj Kundra. The model had accused Kundra of forcing her to participate in nude auditions.

In a video statement, Suman emphasised, “I am disturbed and depressed because I am getting calls from different online platforms. They are threatening me. I am getting threats of death and rape. People are calling me from different numbers and asking me what wrong has Raj Kundra done.” She says she has been receiving abusive calls on Whatsapp and Messenger apps. The actress added, “They are threatening me and accusing me of shutting down their business. They even said that you people watch porn films that’s why we are making it.”

The model said that she is fearful about her life and will file a police complaint on Friday (July 23). Suman has conceded that Raj Kundra asked her to audition for a web series in the nude. She said, “In August 2020, I got a call from Umesh Kamat, who offered me a web series produced by Kundra. When I joined the video call, he demanded a nude audition that I refused. Kundra had ties with a London-based company that streamed porn on a mobile app called ‘Hotshots.’

Arrest of Raj Kundra in pornography case

On Monday (July 19), actor Shilpa Shetty’s husband, Raj Kundra, was arrested by Mumbai Police for his alleged role in creating and publishing pornographic films on some mobile applications. As per reports, he had appeared before the Property Cell of Mumbai Police’s Crime Branch for questioning, after which he was placed under arrest. Kundra was taken for medical examination at JJ Hospital in the early hours of Tuesday.

Mumbai Police Commissioner Hemant Nagrale said, “Businessman Raj Kundra has been arrested by the Crime Branch in a case relating to the creation of pornographic films and publishing them through some apps. He appears to be the key conspirator. We have sufficient evidence regarding this. We have arrested Raj Kundra in this case on July 19, 2021, as he appears to be the key conspirator of this. We have sufficient evidence regarding this. The investigation is in progress, please.”

Another case of Hindu temple vandalism reported from Punjab, idols desecrated and posters of gods and goddesses burnt

OpIndia Staff
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Another case of Hindu temple vandalism reported from Punjab, idols desecrated and posters of gods and goddesses burnt

In yet another case of Hindu temple vandalism in Punjab, some miscreants on Wednesday night desecrated the idols of Neelkanth Mahadev Temple situated in Kalaudi Ghanvda village, on Sangrur-Patiala road, Bhawanigarh. The posters of gods and goddesses which were put up around the temple were also found burnt. This is the second such case in the month of July.

As per a Dainik Jagran report, the incident came to light after Bagga Ram and Tari Ram- two locals who were taking a walk at 5:30 am on Thursday morning saw the temple vandalized. They immediately informed the village head after which several villagers and members of Hindu organizations reached the spot.

As per the Daily Post news report, the villagers informed that when they reached the temple, they saw the idols of Shiva and Hanuman were destroyed, the Trishul was broken and the posters were burnt to ashes.

As the temple is in an open area and alongside the road, there were no CCTVs installed. The police have registered a complaint in this regard at the behest of village head Gurjant Singh. 

Enraged by the incident, the members of Bajrang Dal staged a protest demanding justice. The village head has assured the villagers and members of resurrecting the temple. 

DSP Satpal Singh commenting on the matter said, “The temple is in an open space and was ransacked during the night. The Sangrur police station has registered a case against unknown people under various sections.”

“The miscreants will be nabbed soon,” assured Singh.

Shiv Temple in Ahmadgarh vandalized

On July 10, a case of vandalism at Shiv Temple came to light in Saroud Village, Ahmedgarh, district Malerkotla in Punjab. When Kumar the person taking care of the temple reached the site, he noticed that the Shivling had been vandalized, and a part of it was lying outside. 

Kumar immediately informed the Police. A case has been registered against unknown persons, and an investigation has been initiated. 

While talking to OpIndia, Aman Thapar, district President Bharatiya Janata Party (BJP) Malerkotla, said that an unknown person vandalized Bhagwan Nandi’s idol and Shivlinga in the temple. He added, “The administration has locked the temple premises. We demand that the Police take quick action in the matter and arrest the culprits.”

Thapar further added that such incidents are increasing in Punjab. Recently, the sacrilege of Guru Granth Sahib was reported in the state. “It is an attempt to cause disharmony among communities in the state,” he added. 

Delhi HC raps Arvind Kejriwal for not fulfilling promise of paying rent for poor in press conference, Delhi govt calls it ‘political statement’: Read details

OpIndia Staff
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Delhi HC raps Arvind Kejriwal for not fulfilling promise of paying rent for poor in press conference, Delhi govt calls it ‘political statement’: Read details

On Thursday (July 22), the Delhi High Court came down hard on the Delhi CM Arvind Kejriwal for not fulfilling his promise made during a press conference on March 29 last year. The verdict came in response to petitions filed in the court by migrant workers and a landlord seeking payment of house rent from the Delhi government.

The pleas were heard by a single-judge bench of Justice Prathiba M Singh. In a significant judgment, the Delhi High Court ruled, “This court is of the opinion that the promise/assurance/representation given by the CM clearly amounts to an enforceable promise, the implementation of which ought to be considered by the Government. Good governance requires that promises made to citizens, by those who govern, are not broken, without valid and justifiable reasons.”

It must be mentioned that the Delhi government, in a press conference held on March 29, 2020, had promised to pay the rent of poor tenants on their behalf. He had also requested all landlords to postpone the collection of rent from poor tenants. The petitioners argued that it was a ‘clear promise’ made by Arvind Kejriwal to the poor tenants of Delhi. As such, the Court held that any assurance by the Chief Minister of a State is enforceable as per the doctrine of promissory estoppel and legitimate expectations.

“The assurance given by the CM has to be considered by the Government and a decision has to be taken whether to implement or not implement the same,” it emphasised. Justice Prathiba M Singh directed the Delhi government to frame a policy as per the assurance given by Kejriwal and cite reasons if they decide to not implement the policy. The Court also made it clear that a decision on the same must be reached within a period of 6 weeks.

Delhi High Court rejects a ‘mere political statement’ argument

Advocate Gaurav Jain, representing the petitioners, emphasised that the Right to Shelter falls under the category of Fundamental rights and the Delhi government is bound by its said assurance. He argued that the trust reposed on the CM by the citizens will be completely breached if the said promise is not kept. Advocate Rahul Mehra, representing the Government of Delhi, claimed that the doctrine of legitimate expectation can only be based on an executive decision/governmental notification or policy and not a “political statement”.

The Delhi High Court, however, rejected his arguments and pointed out that the heads of State are expected to make reasonable and responsible assurances to people in times of crisis. It ruled, “On behalf of the citizens, there would obviously be a reasonable expectation, that an assurance or a promise made by a senior Constitutional functionary, not less than the CM himself, would be given effect to. It cannot be reasonably said that no tenant or landlord would have believed the CM.”

Assurance by Head of State is enforceable, cannot be overlooked in times of distress

The Court observed that it is not the absence of a positive decision but the lack of decision making, which is contrary to the law of the land. Justice Prathiba M Singh said, “Once the CM had made a solemn assurance, there was a duty cast on the GNCTD to take a stand as to whether to enforce the said promise or not and if so on what grounds or on the basis of what reasons.” The Delhi High Court further added that announcements made in a press conference, in the backdrop of the pandemic, lockdown, and migrant crisis, cannot be overlooked.

“The statements made by persons in power are trusted by the public who repose faith and believe in the same. Thus, “puffing” which may be permissible in commercial advertising, ought not to be recognisable and permissible in governance,” it said. The Court concluded that such public assurances, even in the absence of a formal policy, create a ‘valuable and legal right’ for the petitioners based on the promissory estoppel doctrine.

The Court, therefore, passed the following directions: 

i. The Delhi government would, having regard to the statement made by the CM on 29th March 2020, to landlords and tenants, take a decision as to the implementation of the same within a period of 6 weeks.

ii. The said decision would be taken, bearing in mind the larger interest of the persons to whom the benefits were intended to be extended in the said statement, as also any overriding public interest concerns.

iii. Upon the said decision being taken, the Delhi government would frame a clear policy in this regard. 

iv. Upon the said decision being taken, if a Scheme or Policy is announced, the Petitioners’ case be considered under the said Scheme/Policy as per the procedure prescribed therein, if any. Remedies against any decision taken are left open.

Kerala minister AK Saseendran asks father of victim to resolve sexual harassment case ‘in a nice manner’, govt supports him

OpIndia Staff
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Kerala minister AK Saseendran asks father of victim to resolve sexual harassment case ‘in a nice manner’, govt supports him

Kerala Minister and NCP leader AK Saseendran stoked a massive controversy after asking a sexual harassment victim to agree to a compromise and ‘settle’ the case involving a party member.

According to the reports, Kerala Forest Minister Ak Saseendran is in a soup after an audiotape surfaced on Wednesday in which he was heard asking the complainant’s father, who is also an office-bearer of the NCP, to “solve” the sexual harassment case in a “nice manner”.

The victim woman, a member of BJP Yuva Morcha, accused NCP leader Padmakaran of making sexual advances by grabbing her hands and uttering lewd remarks. The victim had also said that her fake Facebook profile was created, and she was slandered through WhatsApp messages.

In the conversation, Saseendran was reportedly heard saying to the father, “There is some small case against our party people”. To which, the complainant’s father then said that his daughter is now a member of the BJP. “How should I solve it? They are BJP people,” he was heard saying.

“If it comes as a controversy, it is bad. You know how to solve it well. Don’t you know?” the minister replied.

Saseendran admits that he had made that call to the victim’s family

The victim’s had filed a complaint before the police on June 28, however, Kerala police did not register any case against the accused. Following that, AK Saseendran called the victim’s father, asking to settle the case amicably.

Meanwhile, following the outrage, Saseendran accepted that he intervened to solve a complaint against the fellow NCP leader, however, he claimed that he did not know about the molestation angle.

“When there was a complaint against party activists, I spoke to one of the party functionaries. At the time, he said it was his daughter, and so I asked him to solve it in a nice manner. I used the same word. He then asked me how, for which I responded, ‘you know that well’,” Kerala Forest Minister AK Saseendran said.

Opposition parties demand resignation, Chief Minister Pinarayi Vijayan backs Kerala minister

Meanwhile, the opposition parties in Kerala have demanded AK Saseendran’s resignation.

BJP’s Kerala unit president K Surendran slammed the Forest Minister AK Saseendran for exerting pressure to suppress a molestation case. “He (AK Sassendran) even called the victim’s father and told him to ‘settle the case in a good way.’ Ministers like him is a disgrace to our democracy. He should resign.”

In a tweet, the Congress party said, “Minister AK Sasindran has violated his oath of office by asking the girl’s father to settle the case. The Left government has transformed Kerala into a land of compromise on smuggling, murder and oppression of women”.

Congress MLA PC Vishnunath moved a notice of adjournment motion in the Kerala assembly asking for AK Saseendran’s resignation and said that the minister has violated the oath of office by intervening in settling sexual harassment complaints.

However, Kerala Chief Minister came to AK Saseendran’s rescue by defending the Forest Minister claiming that he inquired on issues between two NCP leaders in Kollam.

“The complainant is the daughter of an NCP leader. It is learned that the accused is another NCP worker. The minister himself has made it clear to the public that the dispute between them was being inquired by the minister, as an NCP leader,” the Chief Minister said.

The Chief Minister said the state police chief would investigating as far as the delay in registering the case on the alleged sexual harassment complaint is concerned.

It is notable here that Saseendran had faced massive condemnation and criticism in 2017 after an audio recording of his vulgar phone conversation with a woman had gone viral. He had resigned from the minister’s post but was reinstated by the party later.

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