Home Blog Page 799

UAPA accused Jalaluddin Khan granted bail: Read about the shocking details in the charge sheet and what the Supreme Court said during the hearing

Jalaluddin Khan arrested under the Unlawful Activities (Prevention) Act (UAPA) was granted bail by the Supreme Court on 13th August. It claimed that the legal principle “bail is the rule, jail is an exception” applies even to offences under special statutes and it would be a breach of the fundamental rights to deny bail in deserving circumstances. Notably, Jalaluddin Khan was booked under the UAPA and other sections of the Indian Penal Code which has now been replaced by Bharatiya Nyaya Sanhita (BNS) after he rented out the top floor of his house to the outlawed Islamist outfit Popular Front of India (PFI).

A bench of Abhay S Oka and Augustine George Masih pronounced the order while pointing out the significance of evaluating bail requests in compliance with the law, even in cases involving grave accusations. “Allegations of the prosecution may be very serious, but it is the court’s duty to consider the case for bail in accordance with the law. Bail is the rule and jail is the exception that applies even to special statutes. If courts start denying bail in deserving cases, it will be a violation of rights guaranteed under Article 21,” the court conveyed as it didn’t regard PFI as a terrorist organisation.

The National Investigation Agency (NIA) earlier stated that the investigation revealed the formation of a criminal conspiracy to carry out violent and terror acts which would foster fear and jeopardize the country’s integrity and unity. The accused set up rented accommodation in Ahmad Palace, Phulwarisharif (Patna), as part of this scheme and the spaces were used for criminal conspiracy meetings and training people on how to commit violent crimes.

The accused reportedly intended to cause disruptions during Prime Minister Narendra Modi’s anticipated visit in 2022, according to information provided to the Bihar Police. On 11th July 2022, the Phulwarisharif Police raided the residence of Jalaluddin Khan who is a retired police constable in response to a tip-off and arrested him the next day.

Shocking details in the chargesheet

Meanwhile, the statements of the protected witnesses were brought to the bench’s attention by Aishwarya Bhati, Additional Solicitor General of India. She also referred to the CCTV footage that the Investigating Agency had taken from the Ahmad Palace building, which indicated that Khan and another accused person were seen removing certain items from the building’s first floor on 6th and 7th June 2022. Khan tampered with the evidence since the objects were found missing during the police raid carried out on 11th July 2022. She based her submission on the charge sheet, which stated that a protected witness revealed that Khan and many other accused connected to PFI attended a meeting and training session on 29th May 2022, on the first floor of the Ahmad Palace building to discuss the group’s growth, basic as well as advanced training of PFI members, Muslim empowerment and PFI’s future plans.

She quoted a statement from a protected witness that trained PFI members were given orders to attack and murder was given to the trained PFI members to attack and murder the designated targets who were engaged in making comments against Islam following former Bharatiya Janata Party (BJP) spokesperson Nupur Sharma’s remarks on Prophet Muhammad. A total of Rs. 25,000 was moved from an absconding accused to the account of Amir Jalal Khan, his elder son. She mentioned that Khan had intentionally permitted the first floor to be occupied by the PFI for its operations and the rent agreement was fabricated to deceive the police.

She argued that the charge sheet and the supporting documentation contained sufficient evidence to establish a strong prima facie case regarding his involvement in the offences covered by Sections 13, 18, 18A, and 20 of the UAPA. She drew attention to the fact that the accused, under whose name the first-floor lease was displayed, had actively participated in the Student Islamic Movement of India (SIMI), another outlawed terrorist organization.

However, the court stated that the building was in the name of Khan’s wife. Information concerning a plot by certain suspected individuals who had gathered in the Phulwarisharif area to obstruct PM Modi’s planned visit to Bihar was reported to the Bihar Police after which a raid was conducted based on this secret information. The authorities retrieved five sets of documents titled “India 2047 Towards Rule of Islamic India, Internal Document: Not for circulation,” pamphlets titled “Popular front of India 20 February 2021” (of which twenty-five were in Hindi and thirty in Urdu), 49 cloth flags, two magazines titled “Mulk ke liye Popular front ke saath (With PFI, for the sake of India)” and one copy of a rent agreement on non-judicial stamp. Seized items also included the recovered articles and a Samsung phone that had the accused Mohammed Jalaluddin’s SIM card (A-2). They were associated with anti-Indian operations.

A protected witness confirmed that a meeting cum training was organized in Ahmad Palace, Phulwarisharif on 29th May 2022 to discuss the aforementioned plans of PFI’s expansion and its targetted killings. A gathering of about forty to forty-five people, including accused Mahboob Alam Nadvi, accused Sanaullah, accused Riyaz Mourif, accused Mehboob-Ur-Rehman, accused Ehsan Parvez, accused Ansarul Huque, accused Riyaz Ahmed, accused Perwez Alam, accused Tausif Alam, accused Athar Parvej, accused Jalaluddin Khan, and others connected to PFI, was presided over by accused Riyaz Firangipet of Karnataka.

The CCTV footage verified that on 6th and 7th July 2022, at the Ahmad Palace in Phulwarisharif, which was attended by the accused (from multiple states) named in the First Information Report (FIR) including Athar Parvej. The CCTV footage additionally corroborated that on 11th July 2022, at approximately 7 pm, the Police of PS Phulwarisharif conducted a raid on the first floor of Ahmad Palace with Athar Parvej and Jalaluddin Khan present there. Additionally, it also proved that before the search, Khan tampered with the evidence by moving objects from the first floor of Ahmad Palace. After investigation, it was also determined that Rs 25,000 had been deposited into the account of Khan’s son

The contents of the document titled “India 2047 Towards Rule of Islamic India” are thoroughly explained in the charge sheet which highlighted that after the aforementioned texts were examined closely, it became clear that their purpose was to impose Islamic law in India. However, the court countered that the charge sheet does not refer to the type of items that Khan previously moved from the first-floor premises and declared that he would have moved the items listed in the charge sheet if he had wanted to change the incriminating materials that PFI had distributed while mentioning that the floor was home to commercial premises. The bench added, “If the appellant intended to allow the conduct of the objectionable activities of PFI by giving first-floor premises on rent, he would not have installed CCTV cameras.”

Court demands explanation from NIA

The apex court also considered the testimony of the prosecution witness, asserting that the witness failed to explicitly indicate that Khan attended the meeting on 29th May 2022. The names of several attendees have been listed by him which does not contain Khan’s name who was identified as the building’s owner after the meeting. The court declared that the protected witness had in fact testified that the discussion focused on elevating the position of Muslims, providing them with both basic and advanced training, and elevating their standing in terms of administration, politics, and education along with Muslim empowerment.

“Going by the witness’s version, we find that there was no discussion about the activities of PFI in the meeting held on 29th May 2022,” the bench expressed. The court contended that the charge sheet contained a significant distortion of the genuine statement of the witness and multiple statements that the protected witness did not utter have been included. This court then demanded an explanation from the National Investigation Agency (NIA) and announced that the investigative apparatus must be impartial.

Subsequently, many earlier rulings were examined and debated to determine the conditions under which bail may or may not be granted under such strict provisions, particularly the UAPA. However, the Supreme Court eventually ruled in favour of Khan. It stated that nothing in the charge sheet indicated that he indulged in or completed any illegal activity as defined under the UAPA and proclaimed that there isn’t any concrete evidence to suggest he encouraged, assisted, or facilitated the performance of any unlawful actions. “Assuming that the co-accused were indulging in terrorist acts or were making any act preparatory to the commission of terrorist acts, there is absolutely no material on record to show that there was any conspiracy to commit any terrorist act to which the appellant was a party. There is no material produced on record to show that the appellant advocated, abetted, advised, or incited the commission of terrorist acts or any preparatory activity,” the court observed.

The negotiations to rent out the first floor were handled by Khan’s son, according to the court which pointed out that if the charge sheet is accurate, then it is impossible to establish, even based on a preliminary inquiry, that Khan intentionally enabled the commission or planning of terrorist actions by renting out the first floor of the building. The charge sheet against him made no mention of any camps he established to provide terrorist training.

The court noted that the charge sheet made no mention of Khan’s membership in any terrorist organization. “As regards the second part of being a member of a terrorist organisation, as per Section 2(m), a terrorist organisation means an organisation listed in the first schedule or an organisation operating under the same name as the organisation was listed. The charge sheet does not mention the name of the terrorist organisation within the meaning of Section 2(m) of which the appellant was a member,” it stated while clarifying that PFI is not a terrorist group.

Supreme Court announces the verdict

The Supreme Court ruled that, in light of the development, it is not conceivable to conclude from a plain reading of the charge sheet that there are reasonable reasons to suspect that Khan committed crimes that are punishable by the UAPA. The court declared, “We have taken the charge sheet and the statement of witness Z as they are without conducting a mini-trial. Looking at what we have held earlier, it is impossible to record a prima facie finding that there were reasonable grounds for believing that the accusation against the appellant of commission of offences under the UAPA was prima facie true. No antecedents of the appellant have been brought on record.” The court then concluded, “The upshot of the above discussion is that there was no reason to reject the bail application filed by the appellant.”

The Supreme Court communicated that the evidence in the charge sheet had not been sufficiently taken into account by the special court and high court. “Perhaps the focus was more on the activities of PFI, and therefore, the appellant’s case could not be properly appreciated. When a case is made out for a grant of bail, the courts should not have any hesitation in granting bail. The allegations of the prosecution may be very serious.” It termed “Bail is the rule and jail is an exception” as “a settled law” and added, “Even in a case like the present case where there are stringent conditions for the grant of bail in the relevant statutes, the same rule holds good with only modification that the bail can be granted if the conditions in the statute are satisfied. The rule also means that once a case is made out for the grant of bail, the court cannot decline to grant bail.”

The court pronounced, “Hence, the impugned orders are set aside. The appeal is allowed. The appellant is directed to be enlarged on bail on the terms and conditions as may be fixed by the special court,” and further ordered that Khan should appear before the special judge no later than seven days after the judgement was produced and will receive bail from the special court, subject to suitable terms and conditions, until the trial’s conclusion. The respondent’s attorney must be heard by the special court before the terms and conditions are decided. The court also explained that the judgment’s provisional conclusions are solely intended to be taken into account when evaluating the bail request. “The reasons are confined to the case of the appellant. The same will have no bearing on the trial and cases of the co-accused,” it highlighted.

Jalaluddin Khan was booked under sections 121, 121A and 122 of the Indian Penal Code and sections 13, 18, 18A and 20 of the Unlawful Activities (Prevention) Act. A charge sheet was filed on 7th January of last year. He made an application for bail under the UAPA before the special court but was denied. As a result, he and the other accused petitioned the High Court for bail. However, his plea was again rejected by the impugned judgment while his co-accused obtained bail.

‘Islamists attacking and killing Hindus in Bangladesh because India is Hindu majority’: This is what the New Yorker would like us to believe

Ever since the unceremonious ouster of Sheikh Hasina from the helm of power in Bangladesh, Hindus are being killed, attacked, and raped with their temples vandalised, idols broken and properties looted by Islamists. Even in the face of the worst atrocities being committed by Islamists against Hindus, a significant section of the Western media is dead set on whitewashing the Islamist crimes. After the “Hindus are safe in Bangladesh” and “politically and not religiously driven attacks” narratives to whitewash Islamist crimes fell flat, the Western media weaving a fresh narrative of “anti-India sentiments”.

On the 14th of August, the American magazine The New Yorker published an article based on a phone conversation with Subho Basu, an associate professor of history and classical studies at McGill University and author wherein it attempted to justify anti-Hindu violence in Bangladesh since India is a Hindu-majority country.

The article [archive] titled The Historical Forces Behind the Student Rebellion in Bangladesh delved into what led to the ouster of Sheikh Hasina, and what was the breaking point. Subho Basu told the publication about the quota system history in Bangladesh and how the recent anti-quota protests erupted. Subho Basu asserted that the opposition to Sheikh Hasina did not come from the Islamist political outfit Bangladesh Nationalist Party (BNP) but only from the students who wanted to ‘reform’ the State. However, right after Sheikh Hasina left Bangladesh, it was seen how the ‘reform’ enthusiasts stormed into her residence, stole items, and cattle and flashed her undergarments in celebration. Too much reform for a Muslim-majority nation.

Subho Basu hands clean chit to BNP and Jamaat-e-Islami even as they actively magnified the violent protests

While Basu gave a clean chit to BNP suggesting that students’ protests took the form of anti-government protests, OpIndia has earlier reported how the anti-quota protests led by students were never anti-government protests since it was the Sheikh Hasina-led government that had scrapped the quota for government jobs and later filed an appeal against Supreme Court upholding the High Court’s decision to reinstate the quotas in government jobs. this Islamist political outfit alongside Jihadist Jamaat-e-Islami hijacked the protests. While protests became more violent as clashes between protestors and police rose, the violence escalated when the Jamaat-e-Islami (JeI) and the Bangladesh Nationalist Party (BNP) began to amp up the protests and use them to attack the ruling Awami League government. The involvement of these opposition groups exacerbated the intensity of the protests, as their supporters joined the fray.

Anti-Hindu violence in Bangladesh is justified since the Hindu nationalist party is ruling in India‘: New Yorker article tries to insinuate

In his blatant justification of the violence unleashed by Islamists in Bangladesh, Subho Basu said that the ‘protestors’ perceived that somehow India was behind curbed press freedom, alleged forced disappearances by Awami League leaders and illegal arrests.

According to Basu’s insinuation, since there is a “Hindu nationalist” part in power in India, the killings of Hindus, rape, arson, and attacks on temples is all justified as a Hindu nationalist party ruling a Hindu majority country ‘did not sit well’ with a Muslim majority Bangladesh. On one hand, Basu claimed that the protestors were not Islamists, on the other, he also blamed the “Hindu India” for causing discontent among them. Why would Bangladesh “non-Islamist” protestors be upset with India being ruled by a democratically elected so-called Hindu nationalist party unless they hate India, particularly the Hindu majority?

Excerpt from The New Yorker’s article

It must be recalled how the BNP and Jamaat-e-Islami spearheaded an anti-India campaign “India Out” calling for a boycott of Indian goods.

Downplaying the anti-Hindu violence in Bangladesh, The New Yorker’s reporter Isaac Chotiner said that there are ‘fears’ that Hindus have been targeted in this ‘revolution. This comes despite the fact that more than 205 attacks on Hindus by Islamist mobs have been reported. It is pertinent to mention here that The New Yorker has time and again targeted the Modi government in its propaganda pieces. Last year, Isaac Chotiner exposing his disdain for Hindus vocal about their rights had launched an unprovoked attack on Suhag A Shukla, co-founder and executive director of advocacy organisation Hindu American Foundation after the foundation posted a message congratulating Shukla on being honoured by the US health secretary.

OpIndia has persistently been exposing the sinister agenda of Western and Islamist-sympathising media outlets. While Australian state-owned ABC News passed off the anti-Hindu pogroms in Bangladesh as politically motivated and blamed the Indian media for ‘inflaming anxieties’ by reporting Islamist attacks on Hindus, Qatar-funded Islamist propaganda outlet Al Jazeera claimed that Indian media houses reporting the attacks on Hindus in Bangladesh are ‘Islamophobic’ and ‘Alarmist’. Before this, the New York Times also tried to pass off the violence against Hindus as “political revenge attacks”. These propaganda outlets are using Hindu ‘intellectuals’ and some sold-outs to cement their anti-Hindu narrative and whitewash the Islamist crimes.

Notably, OpIndia punctured the apocryphal narrative peddled by these Islamist cheerleaders that attacks on Hindus happened since they are Awami League supporters, by questioning if that was actually the case why Islamists targeted Hindu temples. The Western media through the ‘intellectuals’, ‘authors’ and ‘political analysts’ is throwing a fresh argument that Hindus are under attack as they supported Sheikh Hasina who was pro-India. Thus, for attacking Hindu leaders of the Awami League, their association with the party was enough, and for vandalising Hindu temples, Sheikh Hasina’s closeness with India was enough.

Those who singled out Hindus, assaulted them, raped their women and destroyed their temples were driven by their hate for “Hindu India” as claimed by Subho Basu, and yet he fails to muster the courage to call them Islamist fanatics. It was also reported that Jamaat-e-Islami prepared a list of Hindu houses and shops to be attacked regardless of their political affiliation or opinion about India. Hating India just because the Indian people voted a Hindu nationalist party to power thrice itself establishes that the mob violence in Bangladesh is solely driven by Hindu hate. It must be noted that Muslim leaders of Awami League have also been targeted and killed, which can be called political revenge, however, the Jamaat and BNP supporters did not burn mosques to exact political revenge or express their hatred towards Awami League for its India-friendly stance.

‘Hindu India’ and Indian ‘right-wing’ to be blamed for anti-Hindu violence in Bangladesh, but attackers are not Islamists

Much like how the Indian liberals and Islamist bootlickers are blaming Indian media and the “right-wing” for magnifying the anti-Hindu violence, Subho Basu while speaking to The New Yorker, blamed the Indian right wing for the same. He went on to claim that the ruling Bhartiya Janata Party is trying to capitalise on the anti-Hindu violence in India since its popularity is declining.

Excerpt from The New Yorker’s article

This argument, however, is flawed. Firstly and most importantly, the BJP’s popularity is not essentially declining. In a largely free and fair democracy like India wherein every move of the government is under public scrutiny, the BJP has managed to gain more seats than the entire united opposition alliance for the third consecutive time with Narendra Modi still being on the helm of power and popularity. Secondly, while Islamists and their propaganda wing would want India to leave Hindus at the mercy of Islamists, the so-called Indian right wing does not see the plight of Hindus from the perspective of political gains. For Hindus in India, it is a matter of their co-religionists being persecuted by a community which is the majority in Bangladesh and the second-largest majority in India. It is not rocket science that the unrest in a neighbouring country like Bangladesh would have ramifications for India.

It is ironic that Basu blamed ‘Hindu India’ and Indian ‘right-wing’ for the Muslim mobs attacking Hindus and their temples and yet opines that they are ‘reform’ seekers not Islamists. Historically, Hindus were driven out of Afghanistan, are being persecuted in Pakistan and are now being attacked in Bangladesh at a significant scale, if this systematic genocide of Hindus continues, the Indian Hindus will also face a similar existential threat.

After justifying Hindu persecution as a political reprisal, Islamist pens for hire are now whitewashing it by blaming ‘Hindu India’. In every scenario, they want to shape global opinion such that persecution of Hindus for political reasons, or simply because Islamists are dissatisfied with the Hindu majority India, is legitimate and not unworthy of global outrage.

Kolkata Police had sought 7 days before transferring doctor’s rape and murder case to CBI, counsel alleges ‘top executives’ asked police to ‘get the case settled and keep shut’

A shocking revelation has come to the fore in the 31-year-old doctor woman’s rape and murder in Kolkata’s RG Kar Medical College. On Thursday, 15th August, a clipping of an argument from the Calcutta High Court was shared on social media, and it was exposed that the Kolkata Police and the state investigating the case wanted 7 days before transferring the case investigation to CBI.

After the court denied the plea, the police demanded at least 24 hours before transferring the case to CBI. “This is the least the police can be expected to transfer,” the counsel representing the police could be heard. Meanwhile, the other counsel arguing in the case stated that the top executives had asked the police to ‘get the case settled’ and ‘not to talk to anyone on this issue’, and the same was conveyed to the parents of the victim.

It is alleged that the state sought time to allegedly derail the evidence and create hindrances in the central investigation. The unidentified goons however are believed to have attacked the College premises last night in a bid to allegedly destroy the evidence which could lead to substantial revelations in the case.

The video clipping of the Court argument from the hearing on 13 August is making rounds on social media. The counsel representing the petitioners in the case can be heard saying that WB Police Commissioner Vineet Goel who was the Inspector General of CID during the Kamdun rape case was responsible for the acquittal of the accused at that time. “It is due to his botching up in that case that the accused were acquitted and Kamduni failed. This time also the accused will be acquitted and I will show how it all happens,” the lawyer was heard saying.

“This person is now made a Commissioner of Police. He should be put on compulsory waiting. He is the person who is responsible for the Kamduni rape and murder case. Because he was the head of the investigation, he blotched it up completely. And the same thing he has done. What he has done? On the victim’s body, he has brought a scratch mark. In the Kamduni case, the same happened. They got a scratch mark on the victim, we argued and then this honorable court acquitted that person. The same modus operandi is being followed by the Goel. He needs to go,” the counsel defending the victim could be heard saying. (time stamp: 25:00+)

As per the reports, after the Court’s intervention, CP Vineet Goel was ordered to go on compulsory waiting in connection with the rape and murder of a young doctor at RG Kar Medical College, and the case was immediately transferred to the CBI on 14th August.

Notably, unidentified goons attacked RG Kar Medical College and Hospital in Kolkata on Wednesday night, causing massive damage amid ongoing protests over the rape and murder of a doctor at the facility.

A mob disguised as protestors, entered the hospital grounds, vandalized property, and also pelted stones at the police officers. The violence led to the damage of a police vehicle and several two-wheelers, with some officers sustaining injuries. As per the BJP, TMC goons vandalized the hospital properties to create hindrances in the investigation. It is alleged that the mob tried to vandalise the crime scene, but they vandalised the wrong floor due to confusion with the floor number.

Kolkata Police Commissioner Goel who arrived at the scene around 2 am, selectively attributed the violence to social media posts and rumors. He stated that the police responded to the chaos by firing tear gas shells. The Police meanwhile also attempted to allegedly cover up the violence by claiming that the scene of the crime had not been disturbed during the mob vandalism that broke out late on the night of August 14. Goel also said that police could not arrest anyone just based on ‘rumors’ that were being spread.

“I can’t just arrest an intern based on some kind of rumor, it’s against my conscience… As far as I am concerned, my team is concerned we have done what is right. Now the case is already gone… CBI will be investigating it… We have been transparent with everyone… We wanted the students to form a seven-member committee on Sunday to share everything with them but they haven’t come up with the committee till today. It’s the most unfortunate thing–the motivated media campaign that was being run has portrayed the Kolkata Police in a very bad light. We are always with the people of Kolkata, but unfortunately, this kind of incident wouldn’t have happened if this kind of malicious campaign wasn’t run by the media…We have not tried to save anyone,” the Kolkata Commissioner of Police said.

On Tuesday, 13th August, the Calcutta High Court also directed the West Bengal state counsel to ensure that the Principal of RG Kar Medical College stepped down from the post immediately else the Court would pass an order. The directions from the High Court came during the hearing of the RG Kar Medical College Rape and Murder Case where a 31-year-old PG student was brutally raped and murdered inside college premises. The matter was heard by a Bench of Chief Justice TS Sivagnanam and Justice H Bhattacharyya.

The Court pointed out that there was an attempt to cover up the matter by declaring the incident as suicide. The Principal also indulged in victim blaming suggesting it was a case of psychosis.

The petitioner’s counsel informed the court that the state said they would transfer the matter to CBI but now suggesting it would be done after seven days. “These 7 days are very crucial to wipe away evidence,” the counsel asserted.

RG Kar Medical College Rape and Murder Case

On 9th August, a semi-nude body of a female PG trainee doctor was found inside the seminar hall of RG Kar Medical College and Hospital in Kolkata. It is a government-run hospital. Following the discovery, her father had said that she was raped and killed inside the hospital, and efforts were underway to “conceal the truth.”

The doctor had dinner with four of her coworkers at 2:30 am that night after seeing Neeraj Chopra’s javelin throw event during the Paris Olympics. Afterwards, she went to the seminar hall to relax. The main accused in the case, Sanjay Roy, had access to every department as he worked at the RG Kar Medical College and Hospital police outpost. He was not affiliated with the institution but often went there. CCTV evidence shows him entering the premises where the doctor was discovered, that led to his arrest on 10th August. He returned home after committing the horrifying act and slept in late. Roy also cleaned the outfit he wore to remove any evidence. The police recovered his bloodstained shoes during a search.

The Doctor was brutally tortured before she was suffocated to death, according to the post-mortem report. The four-page report stated that she had been strangled and that “perverted sexuality” and “genital torture” had resulted in a serious wounds in her private parts.

The Doctor’s thyroid cartilage was also shattered. A source stated that the rape and murder occurred on 9th August most likely between 3 and 5 am. Her lips, fingers, left leg, and abdomen were all covered with injuries.

According to sources, the Doctor’s head was slammed against a wall or the floor resulting in severe injuries and her mouth and nose were squeezed shut to stop the victim from shouting. The accused had reportedly beaten her up as she attempted to defend herself and resist. He then raped and killed her. According to the autopsy, the girl’s hands and face had cuts on them. Shards of glass from her spectacles broke and got into her eyes following an intense blow. The initial postmortem report ruled out suicide and stated that the trainee doctor had been sexually assaulted before being murdered.

Assembly elections in Jammu and Kashmir to be held in three phases from 18 September, counting on 4 October

0

The Assembly elections in the Union Territory of Jammu and Kashmir will be held in three phases from September 18, the Chief Election Commissioner, Rajiv Kumar announced on Friday.

Addressing a press conference in the national capital, Rajiv Kumar said that the assembly election in Jammu and Kashmir will be held in three phases.

The elections of first phase will be held on September 18, second phase will be held on September 25 and third phase will be held on October 1. The counting of the votes will be held on October 4.

“Assembly polls in Jammu and Kashmir will be held in three phases, with voting on September 18th, September 25th, and October 1st. Counting of votes on October 4,” Kumar said.

The dates to file the nominations for the first phase will be on August 27, nominations for the second phase will be on September 5, and September 12 is the last day to file nominations for the third phase.

Chief Election Commissioner Rajiv Kumar said, “During Lok Sabha elections in J-K, people were there to participate in the elections. The long queues and the shine on their faces were a testament to this…There was thriving political participation in the entire election…We want the layers of democracy to be strengthened in J&K”

On August 14, the Election Commission held a meeting with Union Home Secretary Ajay Bhalla to review the security situation in Jammu and Kashmir.

There are a total of 90 assembly constituencies, of which 74 are General, nine are ST and seven are SC.

In Jammu and Kashmir, there are 87.09 lakh total electors. Of which 44.46 lakh are male, 42.62 female, 169 are Transgender, 82,590 PwDs, 73943 very senior citizens, 2660 centenarians, 76092 service electors, and 3.71 lakh are first-time voters.

Meanwhile, directions were given to Enforcement Agencies, DMs, and SPs to ensure free, fair, and inducement-free elections.

In December of last year, the Supreme Court directed the Centre to conclude the election process by September 30, 2024.

Jammu and Kashmir will witness elections after a gap of ten years as the last assembly election was held in 2014.

The PDP-BJP coalition government fell in June 2018 when the latter withdrew support to the then-Chief Minister, Mehbooba Mufti.

 


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

Longer jail sentences and hefty fines for criminals and ₹1 lakh compensation for victims: How Modi govt is planning to curb violence against doctors

The Modi government is planning to revive the discarded draft bill ‘The Healthcare Service Personnel and Clinical Establishments (Prohibition of violence and damage to property)’ amid ongoing protests over the rape-murder of a female doctor at R G Kar Medical College and Hospital in Kolkata.

The draft bill [pdf] was first formulated in September 2019 to address cases of violence against healthcare professionals and damage to hospitals and clinics.

The legislation was proposed in the aftermath of nationwide protests over the attack on two doctors by relatives of a patient named Mohammed Sayeed at the NRS Medical College and Hospital in Kolkata.

Provision for longer jail terms and hefty fines

No person shall indulge in any act of violence against a healthcare personnel or cause any damage or loss to any property in a healthcare institution,” the bill stated.

It proposed a minimum of 6 months of imprisonment, which could be extended up to 5 years, for committing acts of violence against doctors. The minimum jail term was set to three years (extendable up to 10 years) for attacks leading to grievous hurt.

Besides, a provision was made to impose fines ranging between ₹50000 and ₹5 lakhs for acts of violence. In case of grievous injury to the health professional, the fines imposed on the culprit were to range from ₹2 lakhs to ₹10 lakhs.

Non-bailable offence, investigation by DSP-level officer

Most importantly, crime committed under the proposed bill ‘The Healthcare Service Personnel and Clinical Establishments (Prohibition of violence and damage to property)’ was made not only cognisable but non-bailable.

Another provision in the proposed legislation was the mandatory notification to the police by the healthcare institutions about the attack on a health professional.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973, upon a written request of the aggrieved healthcare service personnel, it shall be mandatory for the person in charge of a clinical establishment to inform the officer in charge of the concerned police station of the commission of an offence under this Act,” the bill emphasised.

It was also provided that such a case would be investigated by a senior cop who is not below the rank of Deputy Superintendent of Police (DSP).

Compensation for targeted doctors and damaged hospitals

The proposed legislation also directed convicted individuals to pay compensation to doctors and healthcare professionals targeted by them. This included paying ₹1 lakh for causing ‘hurt’ and ₹5 lakh for causing ‘grievous hurt’.

Besides, the compensation for vandalising a healthcare institution was set to twice of Fair Market Value (FMV) of the damaged property.

“If the convicted person does not pay the compensation granted under sub-section (1), the said sum shall be recovered as an arrear of land revenue under the Revenue Recovery Act, 1890,” the bill added.

Violence against healthcare professionals defined

The draft legislation defined violence as –

  1. Harm, injury, hurt, grievous hurt, intimidation to, or danger to the life of, a healthcare service personnel in the discharge of duty, either within the premises of a clinical establishment or otherwise;
  2. Obstruction or hindrance to a healthcare service personnel in discharge of duty, either within the premises of a clinical establishment or otherwise;
  3. Loss of or damage to any property or documents in a clinical establishment;

What happened to the bill

During the COVID-19 pandemic, the Modi government promulgated the Epidemic Diseases (Amendment) Act, 2020 which made violence against healthcare personnel cognizable and non-bailable offences.

In July 2022, it was reported that the Union Ministry of Health and Family Welfare had dumped the ‘The Healthcare Service Personnel and Clinical Establishments (Prohibition of violence and damage to property)’ Bill of 2019.

The revelation was made in an RTI reply obtained by activist K.V. Babu. “It is informed that it was decided not to pursue the draft legislation further,” it was stated.

In February 2023, Union Health Minister Dr Mansukh Mandaviya confirmed that the government was not going forward with separate legislation for doctors and healthcare professionals.

“Thereafter it was decided not to enact a separate Legislation for prohibiting violence against doctors and other health care professionals,” he had said.

Revival of the bill

Following the rape and murder of a junior doctor at the R G Kar Medical College and Hospital in Kolkata, discussions began on the need for a new law to protect healthcare workers.

On 12th August, the Indian Medical Association (IMA) put forth a set of demands before the governemnt. One of them included the enactment of the ‘The Healthcare Service Personnel and Clinical Establishments (Prohibition of violence and damage to property)’.

It has now come to light that the Modi government is forming a panel to review the proposed legislation.

A senior bureaucrat told News18, “The new panel is likely to include representations from all stakeholders involved including doctors, medical associations and senior officials from multiple ministries,” a senior bureaucrat.

“In 2019, the panel included officials from the law ministry, ministry of Home Affairs, doctors from All India Institute of Medical Sciences (AIIMS), representatives from the Indian Medical Association (IMA) and officials from health ministry. We are considering the same mix including the representatives from the young resident doctors,” the official added.

GST department seeks Rs 120 crore tax from IIT Delhi over govt research fund issued for 5 years till 2022, concerns raised on taxing of education

On Friday, 16th August, the Indian Institute of Technology-Delhi (IIT-D) was issued a show-cause notice from the Directorate General of Goods and Services Tax (GST) Intelligence, seeking ₹120 crore GST on research funds acquired by the institute between 2017 and 2022, along with interest and penalties. The notice has ignited concerns about the government allegedly taxing education grants provided by the government itself.

A senior official from the Ministry of Education while talking to Times of India called the notice disappointing and claimed that it intends to challenge it, arguing that GST should not be applied to government-funded research. The notification offers the institute 30 days to explain why the amount should not be imposed, along with the corresponding penalties.

“We believe this is a misinterpretation. In our opinion, GST should not be levied on government-funded research,” a senior education ministry official was quoted as saying. “It is regrettable that such notices are issued. Instead of viewing research as a taxable entity, we should be fostering and supporting it,” it added.

According to the reports, other educational institutions in India, including famous IITs, central universities, and state-run and private universities, have also recently received similar notices from the GST officials. These notices question the exempt status of research funding and whether they should be subject to GST. 

A well-known academician and former head of an IIT stated, “The Gs: GST, GEM (Government e-Marketplace) portal, Global Tender Enquiry (GTE), GFR (General Financial Rules), and Governance, which are essentially hurting the institutions where it hurts the most. We are not even increasing the funding and not providing decent overheads and taking back the money through GST.” 

One of the heads of a private deemed university also commented on the issue on the condition of anonymity. While talking to TOI, he said, “Imposing GST on research grants to universities is a major setback for the progress of Indian higher education institutions. The finance ministry has overlooked the fact that a substantial portion of the grant is used for purchasing assets and consumables, which are already subject to GST. Viewing educational institutions as sources of tax revenue will only increase the cost of education.” 

Earlier on Wednesday, 14th August, there was a clash between the Union and Tamil Nadu governments when the Chennai zonal unit of the Directorate General of GST Intelligence ordered that Anna University pay Rs 5.4 crore in GST on research funding received between 2017 and 2022. 

The Indian Institute of Technology Delhi has received Rs 470 crore in research funding. Last year, the institute published 4,000 research publications, which helped to enhance its global rankings. Despite a modest fall in placements, IIT Delhi has witnessed a surge in PhD aspirants and intends to expand PhD placements.

Calcutta HC pulls up West Bengal govt calling vandalism of RG Kar Hospital ‘failure of state machinery’, asks CBI to probe the attack

The Calcutta High Court on Friday again came down heavily on the West Bengal government over the RG Kar Medical College Hospital rape and murder incident, and transferred the case of vandalism in the hospital to the CBI. The court has already handed over the probe into the rape and murder of trainee doctor Moumita Debnath to the central probe agency.

The state claimed that police tried to stop the mob, but they were outnumbered by around 7000 strong mob and could not prevent the attack, adding that several cops were injured. The court responded by saying how police will protect the doctors and others if they can’t protect even themselves.

Unsatisfied with the replies of the state, the court even threatened to close down the hospital and shift the patients to a different hospital. The division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya made the observations while hearing the matter of the attack on the RG Kar Medical College and Hospital on 14th August, amid the protests by doctors and students demanding justice for Moumita Debnath.

The state counsel informed the court that a mob of around 7000 attacked the hospital, and the numbers swelled quickly. Despite resistance by police who fired tear gas shells, the mob broke the barricade and vandalised the hospital. The state counsel said that 15 police personnel were injured, the DCP was seriously injured, police vehicles were damaged, and the emergency room was also ransacked.

To this, the CJ wondered why police intelligence didn’t know about the attack beforehand. Chief Justice TS Sivagnanam said, “Normally the police always has an intelligence wing. Similar things happened on Hanuman Jayanti. If 7000 people are to gather, it hard to believe the state police did not know.” When the state counsel said that no permission was granted for the crowd to assemble, the court asked why section 144 of CrPC was not imposed as already so much commotion was going on.

“You pass 144 CrPC orders for any reason, when so much commotion is going on, you should have cordoned the area,” the CJ said. The state counsel said that the mob gathered at night suddenly, the CJ lambasted the state for the failure, saying “this is an absolute failure of state machinery.”

The court also slammed the police for not even being able to protect themselves from the mob. The chief justice asked, “they couldn’t protect their own men? Sorry state of affairs. How will these doctors work fearlessly?” The court noted that while the police are taking steps now, no preventive measures were taken.

Sr Adv Bikash Ranjan Bhattacharya told the court that hours after the High Court transferred the case to CBI, demolition was carried out at the hospital. “They demolished a portion after the order of the HC. In the night, when there was demonstration, there was a speech by the CM. In the dead of night hooligans attacked the place of demonstration by the doctors. Then they vandalised the hospital and the police. The police hid behind the demonstrators.” the Advocate Bhattacharya appearing for the petitioners said.

He added that the hooligans went to look for the third floor, where the crime scene is located. But as Third floor is called fourth storey in Bengali, they misunderstood and went to the second floor instead, thereby saving the crime scene. The advocate said that this proved that the attack was pre-planned.

The state counsel tried to defend the demolition by arguing that the demolition didn’t take place near the crime scene. But the court shot back, asking what was the urgency to carry out the demolition for renovation at this time. The court said that so many govt buildings like district courts lack basic amenities like ladies washrooms, and therefore there was no need to start renovations at the hospital when investigation into the case is going on.

Angered with the responses of the state, the court said, “we will close down the hospital. We will shift everyone. Close the hospital.” The court asked how many patients are there in the hospital. When the state pleaded that the crime scene is secured, the court agreed to take their word, but said that the attack on police shows failure of law and order situation.

The court said, “could this vandalism had been prevented is the question. Who did it comes later. What is the reason to break all facilities. Can never be understood. The police are also injured. Therefore, had the law and order failed? Something is required to inspire our confidence. The issue is that if this thing which happened on 14th, what will happen if it is repeated? If police got injured and couldn’t stop the mob, the law and order situation had failed?”

When the counsel of the principal said his house is threatened to be set on fire, court asked him to stay at home. The court said, “state is with you, they will give you 400-500 police people. Or you make an application, we will give you central forces.”

The court then handed over the probe into the mob attack on the hospital to the CBI. The division ordered the police to record the entire sequence of events leading to the incident. “We direct those incharge of the hospital to narrate the state of affairs over there,” the court further said, adding that the investigation team of the CBI shall also file an interim report regarding the investigation.

Police allow terror outfit PFI’s student wing SDPI to carry Tipu Sultan poster on Independence Day: Here are some of the atrocities against Hindus he committed

On Thursday, 15th August, the Social Democratic Party of India (SDPI), which is the political wing of the banned Islamist terrorist organization Popular Front of India (PFI) organized a rally citing the occasion of India’s Independence Day in the Mumbra region of Mumbai. The SDPI members further honored Tipu Sultan who was one of the most ruthless Islamic invaders in India, and Begum Hazrat Mahal, a Muslim national icon among others as India’s freedom fighters. The SDPI members could also be heard raising the slogans of ‘Tipu Sultan Jindabad,” as they moved in a bike rally creating chaos in the capital city of Maharashtra.

The video of the bike rally is making rounds on social media in which they can be seen honoring the posters of Tipu Sultan, Begum Hazrat Mahal, Hussain Ahmad Madani, an Islamic scholar who has served as the principal of Darul Uloom Deoband, Socialist leader Yusuf Mehar Ali, Congress’ Jawaharlal Nehru, Dr BR Ambedkar and MK Gandhi. However, they could also be seen arguing with the state police who stopped the rally for creating chaos on the streets.

SDPI brought Hindu’s Kawad Yatra into argument, Police slammed

The Mumbai Police happened to take cognizance of the bike rally organized by the SDPI members and stopped them for congestion of the traffic. “You people are blocking the traffic, you’ve even employed small kids in the rally. You people need to follow the discipline,” the police could be heard saying.

To this, the SDPI leaders argued saying if kids are allowed on the streets to go shopping with their parents, why can’t they be allowed to participate in the rally? The police then ordered the SDPI members to remove the kids from the rally and allowed the rally in two rows directing two persons on one bike. But this too happened to enrage the Islamists who began comparing the Kawad Yatra performed by Hindus to the Islamist rally.

“Sir you have always been opposing us. Have you seen the Kawad Yatra? How many people travel together? They are never questioned,” one of the leading SDPI members said. The Police then slammed the SDPI for escalating the argument by bringing the Hindu yatra into the picture. The police stated that those (Kawad) Yatras are conducted only after obtaining police permission. The police further indicated that they (SDPI) should restrict their communication to the current rally.

However, later the rally was allowed by the police as the SDPI members agreed to remove the kids from the rally and move in two columns throughout the area. It seems that no prior police permission was obtained by the SDPI members for the rally in which Islamists yelled slogans of ‘Tipu Sultan Zindabad’.

Tipu Sultan’s atrocities on Hindus and tribals

It is important to note that Tipu Sultan is often credited in our history textbooks as a ‘secular’ ruler of Mysore who fought against the British in the late 1700s. But he was one of the most ruthless Islamic invaders in South India. There have been several recorded instances of Tipu’s army forcefully converting, raping, and kidnapping Hindus on his orders. Many temples are recorded to have been demolished under his reign. Several historians and researchers like Khan Hussain Ali Kirmani have recorded that Tipu Sultan had animosity toward the local Hindus and tribals in the area. 

According to historian Lewis B. Boury, the devastation Tipu Sultan inflicted on the southern part of India was harsher and more barbaric than the atrocities performed against the Hindu inhabitants in India by the infamous Mahmud of Ghazni, Alauddin Khalji, and Nadir Shah.

According to Sandeep Balakrishna, author of ‘Tipu Sultan: The Tyrant of Mysore,’ Tipu Sultan’s 17-year reign represented a united image of military, economic, and religious anguish for the Hindu population. He had openly announced that he would launch a Jihad against Hindus. He carried out the majority of his crimes and anti-Hindu activities in Malabar. Malabar was both Tipu’s wealthiest and most turbulent territory. However, he and his Moplah companions caused chaos throughout the region.

He invaded Kodagu in 1788, destroying numerous towns and villages. Mir Hussein Kirmani, Tipu’s courtier and biographer, describes how the raid destroyed hundreds of villages in Kushalapura (now Kushalnagar), Talakaveri, Madikeri, and other areas. He brags in a letter to Kurnool’s Nawab, Runmust Khan, about imprisoning 40,000 Coorgis, forcing them to convert to Islam, and enrolling them into the Ahmadi army.

Letters by Tipu Sultan to army commanders ordering them to kill Hindus

In one of the letters dated March 22, 1788, to Abdul Kadir, Tipu Sultan says, “Over 12,000 Hindus were honored with Islam. There were many Namboodri Brahmins among them. This achievement should be widely publicized among the Hindus. Then the local Hindus should be brought before you and converted to Islam. No Namboodri Brahmin should be spared.”

The letter set a precedent and it followed several other orders by Tipu Sultan, calling for violence against Hindus. One of his letters to an army commander in Calicut on 14th December 1788 says, “I am sending two of my followers with Mir Hussain Ali. Along with them you should capture and kill all Hindus. Those below 20 years may be kept in prison and 5000 from the rest should be killed by hanging from tree tops. These are my orders.”

In a letter dated January 18, 1790, to Syed Abdul Dulai, Tipu Sultan openly condones the killing and forced conversions of Hindus, and proclaims this as a ‘Jihad’. The letter reads, “… almost all Hindus in Calicut are converted to Islam. I consider this as jihad.”

Ordering of destruction of Hindu temples

Tipu Sultan’s military activities caused extensive damage to Hindu temples on an unprecedented scale. He and his ruthless warriors enjoyed demolishing temples, smashing idols placed within, and chopping the heads of animals over the temple deity.

As reported earlier, he demolished the Thrichambaram and Thalipparampu temples at Chirackal Taluqa, the Thiruvangatu Temple (Brass Pagoda) in Tellicherry, and the Ponmeri Temple in Badakara, as per William Logan’s Malabar Manual. According to the Malabar Manual, the Maniyoor mosque was previously a Hindu temple. According to locals, it was transformed into a mosque during Tipu Sultan’s reign.

Tipu Sultan’s forces further demolished at least three temples in South India, including the Harihareswara temple at Harihar, the Varahaswami temple in Srirangapatnam, and the Odakaraya temple in Hospet. In 1793, historian Roderick Mackenzie wrote of Tipu’s campaign to Trinomaly, describing the cruelty and violence unleashed on the Hindu population in the places he passed through.

“Here neither respect, for the grandeur and antiquity of their temples, nor veneration for the sacred rites of a religion whose origin no time records, proved any protection for the persons or property, even of the first Brahmins. Their pagodas, breached with sacrilegious cannon, were forcibly entered, their altars defiled, their valuables seized, their dwellings reduced to ashes, and the devastation was rendered still more horrible by the scattered remains of men, women, and children, mangled beneath a murderous sword,” records by historian Roderick Mackenzie read.

The Voyage to the East Indies by Portuguese missionary Fr Bartholomew further gives us a basic sight of Tipu Sultan’s catastrophic attacks. “First a corps of 30,000 barbarians who butchered everybody on the way… followed by the field-gun unit… Tipu was riding on an elephant behind which another army of 30,000 soldiers followed. Most of the men and women were hanged in Calicut, first mothers were hanged with their children tied to their necks. That barbarian Tipu Sultan tied the naked Christians and Hindus to the legs of elephants and made the elephants move around till the bodies of the helpless victims were torn to pieces… These atrocities were told to me by the victims of Tipu Sultan who escaped from the clutches of his army and reached Varappuzha..” it recalls.

Tipu Sultan, like other Islamic invaders in India, was notorious for brutally suppressing the native Hindu community and forcibly converting many Hindus. Tipu was known throughout Tamil Nadu and Malabar as the ‘Killer of Brahmins and Demolisher of Temples’. However, he is still celebrated as a freedom fighter by Islamists who want to see India as an Islamic nation by 2047.

MP: Muslim youths raise ‘Pakistan Zindabad’ slogans in response to ‘Bharat Mata ki Jai’ slogans at Independence Day program in Vidisha

In the Vidisha district of Madhya Pradesh, several Muslim youths raised “Pakistan Zindabad” slogans on Independence Day (15th August). The Muslim accused youths raised pro-Pakistan and religious slogans during the Independence Day celebrations at Lateri tehsil headquarters.

As the video of the incident went viral on social media, local BJP leaders sent a memorandum to the municipal inspector. The police have also apprehended a student in this case. BJP leader Sanjay Jain stated that an Independence Day program was held on Thursday at the district campus.

As the program ended, some students raised Bharat Mata Ki Jai slogans, while Muslim students raised Pakistan Zindabad slogans and an altercation ensued. The police apprehended one of the students on the spot, while the others fled. The BJP and Bajrang Dal have demanded that the rest of the students who raised pro-Pakistan slogans be arrested. 

Meanwhile, SDOP Ajay Mishra said that a minor has been taken into custody and efforts are being undertaken to arrest more people by filing a case based on the complaints received. 

Ongoing ethnic cleansing in Bangladesh: How a Hindu woman was gang-raped after a mob of 35 broke into her house, her family returned only after ‘assurance’ by Jamaat

A 35-year-old Hindu woman was gang-raped in Tala upazila in the Satkhira district of Bangladesh soon after the ouster of Sheikh Hasina as the Prime Minister of the country.

According to a report by Kalbela, the incident took place on 5th August this year. The victim, who is a housewife by occupation, narrated that a mob of 30-35 men broke into her house at 7 pm and carried out vandalism.

The accused damaged doors and windows and took away a tin box, which contained cash, gold and necessary documents. Armed with sharp weapons, they took the woman behind a cowshed and coerced her into silence.

Mob involved in gang rape yet to be identified

The men then took turns to rape her. The victim could not identify her perpetrators since their faces were covered. At that time, her husband was undergoing treatment at a hospital in Khulna.

On learning about the incident of rape, he left the area and took the family away. The victim, her husband and children returned only on Tuesday (13th August) on the ‘assurance’ of local Jamaat leaders Dr Kamal and Ebadul.

The victim’s husband said that they have not been able to ascertain the identity of the rapists so far.

Police claim to have no idea

The officer-in-charge of Tala police station, Mominul Islam, claimed that the police have not been informed about the rape case.

He said that ‘necessary action’ would be taken after talking to the victim’s family and getting information about their name and address.

While speaking about the matter, Magura UP Chairman Ganesh Debnath remarked, “I have heard from the victims’ families and the neighbours. I will not be able to help unless the political situation is normal. So I am requesting journalists to stand by the victim’s family.”

Attacks on Hindus in Bangladesh

On 9th August, the Bangladesh Hindu Buddhist Christian Oikya Parishad released a report detailing 205 instances of attacks on minority community members especially Hindus in the country’s 52 districts following Prime Minister Sheikh Hasina’s departure on 5th August, reported The Daily Star.

The council made the statement in an open letter to Nobel laureate Economist Muhammad Yunus, who took the oath of office as the interim government’s chief adviser on 8th August. The letter was unveiled at the Dhaka Reporters Unity (DRU) Nasrul Hamid Auditorium.

“We have preliminarily learned that at least 205 incidents of minority persecution have occurred in 52 districts so far. We seek protection because our lives are in a disastrous state. We are staying up at night guarding our homes and temples. I have never seen such incidents in my life. We demand that the government restore communal harmony in the country,” conveyed Nirmal Rosario, the organisation’s president.

In Satkhaira, minority shops were looted in Kolaroa, the house of Biswajit Sadhu, president of the District Unity Council was attacked, looted and burnt and the house of Dr Subrata Ghosh, central assistant organizational secretary of the Unity Council, was attacked and burnt.