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Calcutta High Court revokes ban on Durga idol immersion during Muharram

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Durga Puja

[vc_row][vc_column][vc_column_text]The Bengal govt had imposed restrictions on idol immersions on September 30 after 10pm and completely prohibited immersions on October 1, the day of Muharram.

The Calcutta high court on Thursday revoked Mamata Banerjee’s ban order on Durga idol immersion during Muharram.

The Mamata Banerjee-led TMC government had imposed restrictions on Durga idol immersions on September 30, the Vijaya Dashami day, after 10pm and completely prohibited immersions on October 1, the day Muslims will observe Muharram.

The High Court said the government was “exercising extreme power without any basis”.

In its order, the court allowed the immersion of idol till 12 am on all days including Muharram. It also asked the police to ensure routes are designated for immersion and Tazia, ANI reported.

The order came a day after the High Court slammed the Mamata Banerjee government for hindering a citizen’s right to practise religion on the basis of a mere assumption of law and order disruption and said that it must provide sound reasons for doing so.

Reminding the state that there’s a difference between regulation and prohibition, the court said people have the right to practise their religious activities, whichever community they may be of, and the government cannot hinder a citizen’s right without providing sound reasons for doing so.

“Let them (Hindus and Muslims) live in harmony, do not create a line between them,” Acting Chief Justice Rakesh Tiwary said, asking the government to provide a “concrete ground” for its decision.

“People have the right to practise their religious activities, whichever community they may be of, and the State cannot put restrictions, unless it has a concrete ground to believe that two communities cannot live together,” the acting chief justice said on Wednesday.

West Bengal government’s notification imposing restrictions on Durga idol immersions sparked a controversy in the state and the BJP, RSS, Bajrang Dal and VHP accused the chief minister of indulging in appeasement politics. “…The state government doesn’t have the right to decide when and how immersion will take place, it can only decide the routes for immersion. This administration, especially the chief minister, has no confidence in herself or in her administration. That’s why she is attacking our religious beliefs and introducing restrictions. If she has so little confidence, let her seek the Centre’s help,” state BJP president Dilip Ghosh said.

Three petitions challenged the restrictions on the traditional immersion of idols at the end of the five-day Durga Puja.

The state government had argued that the restrictions were “a preventive action to rule out any possibility of a law-and-order situation.”

But the court said while it didn’t dispute the state’s right to regulate, the administration cannot restrict one’s religious rights. “You can exercise the power conferred to you. But we cannot permit arbitrary use of power. You have to go step by step. If a gathering got violent, first you will use water cannon, then mild lathi-charge and then the next step. You can’t fire first. Prohibition means that you are taking last step first,” said the acting chief justice.

“There is a difference between regulation and prohibition. You are exercising extreme power without any basis. Just because you are the state, you think you can pass an arbitrary order? Only because you dreamt that something will go wrong, you cannot impose restrictions,” he said.

A mere assumption that a law-and-order situation might arise, owing to Vijaya Dashami and Muharram falling one after the other, could not be the basis for imposing curbs on immersion timings, the court said.[/vc_column_text][/vc_column][/vc_row]

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Pawan Khera faces fresh setback as Supreme Court refuses relief in passport row case

Congress leader Pawan Khera faces fresh setback as Supreme Court refuses interim relief and directs him to seek bail from Guwahati High Court.

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Pawan Khera

Congress leader Pawan Khera suffered another legal setback on Friday after the Supreme Court of India declined to extend protection in a case linked to his remarks about Himanta Biswa Sarma’s wife.

A bench of the apex court refused to interfere with an earlier order that had stayed the transit anticipatory bail granted to Khera by the Telangana High Court. This decision leaves the Congress leader open to possible arrest by Assam Police in connection with the case.

During the hearing, Khera’s counsel sought interim protection, but the court declined the request and advised him to approach the appropriate court in Assam for relief. The bench clarified that the Guwahati High Court should decide any bail plea independently and on its merits.

“Am I a terrorist?” remark during hearing

While seeking protection, Khera’s legal team expressed concern over the urgency of the situation. In court, his counsel remarked, “Am I a terrorist?” highlighting the plea for temporary relief until a fresh bail application could be filed.

The Supreme Court also raised concerns over the submission of incorrect documents during the proceedings, adding another layer to the legal complications faced by the Congress leader.

Case linked to remarks on CM’s wife

The case stems from a press conference held earlier this month, where Khera made allegations regarding the citizenship status and financial assets of the Assam Chief Minister’s wife, Riniki Bhuyan Sharma.

He had claimed that she possessed multiple passports and owned undisclosed overseas properties. These allegations were strongly denied by the Chief Minister’s family, who termed them fabricated and misleading.

Legal battle intensifies

Earlier, the Telangana High Court had granted Khera temporary transit anticipatory bail, allowing him time to seek relief from a competent court in Assam. However, the Supreme Court stayed that order following a challenge by Assam authorities, escalating the legal battle.

With the latest ruling, Khera is now expected to move the Guwahati High Court for anticipatory bail as the case continues to unfold.

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Congress suspends 5 Haryana MLAs over cross-voting in Rajya Sabha polls

Congress suspends five Haryana MLAs for cross-voting in Rajya Sabha elections, citing serious indiscipline and anti-party activities.

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The Congress has suspended five of its MLAs in Haryana for cross-voting during the recent Rajya Sabha elections, taking disciplinary action over what it described as “anti-party activities”.

The move came after the state unit reviewed the conduct of certain legislators during the polls, where some were found to have voted against the party’s authorised candidate.

Five MLAs suspended after disciplinary process

According to party sources, the MLAs were issued show-cause notices seeking an explanation for their actions. After reviewing their responses, the Congress disciplinary committee recommended suspension.

The decision was approved by the party leadership, including Congress president Mallikarjun Kharge, and has been implemented with immediate effect.

Party calls it ‘grave indiscipline’

Haryana Congress chief Udai Bhan said the action was necessary to uphold party discipline, stressing that defying the official party line during elections weakens organisational unity.

He said the party takes such violations seriously and will continue to act against any form of indiscipline.

Leadership backs strict action

Senior Congress leader and Leader of Opposition Bhupinder Singh Hooda supported the decision, saying it was taken after due consideration.

He noted that while Rajya Sabha elections are conducted through an open ballot system, allowing legislators some flexibility, the party retains the authority to initiate internal disciplinary action in cases of deviation.

Background

The action follows cross-voting reported during the recent Rajya Sabha elections in Haryana, which led to internal concerns within the party. The development has highlighted organisational challenges and prompted the leadership to take corrective steps to reinforce discipline.

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Harivansh set to be elected Rajya Sabha Deputy Chairperson unopposed

Harivansh is set to be elected unopposed as Rajya Sabha Deputy Chairman after no opposition nominations were filed before the deadline.

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Former Rajya Sabha Deputy Chairman Harivansh is set to be re-elected to the same post unopposed in the election due to be held later today.
The date has been fixed by the Chairman under the relevant rules governing the conduct of business in the Upper House.
According to sources, the deadline for submitting motions for the election was 12 noon on April 16. A total of five notices were received within the stipulated time, all proposing Harivansh for the post.

Multiple nominations, single candidate
The motions were submitted by members across parties, including Jagat Prakash Nadda, Nitin Nabin, Nirmala Sitharaman, Sanjay Kumar Jha, and Jayant Chaudhary, each backed by seconding members.
All five motions explicitly state that Harivansh be chosen as the Deputy Chairman of the Rajya Sabha.

No opposition nomination filed

Notably, no motion was submitted by the Opposition before the deadline. This effectively clears the path for a unanimous election, as there is no contest for the position.
As per parliamentary procedure, motions will be taken up one by one. Once any one motion is adopted by the House, the remaining motions will not be put to vote.

Likely to be elected by voice vote
In line with established practice, the first motion — expected to be moved by Nadda — may be adopted through a voice vote. Following this, the Chairman will formally declare Harivansh as elected Deputy Chairman.
After the declaration, Harivansh will be escorted to the Chair by members from both the Treasury and Opposition benches, adhering to parliamentary convention.

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