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Bombay HC Quashes Media Gag Order In Sohrabuddin Sheikh Encounter Case

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Above: (Left) Kausarbi and Sohrabuddin Sheikh

The Bombay High Court, on Wednesday (January 24), quashed an order by a special CBI court that banned the media from reporting on the proceedings in the Sohrabuddin Sheikh ‘fake encounter’ case.

Justice Revati Mohite-Dere said the ban on publishing any part of the proceeding was contrary to law and that “certainly public had a right to know what is happening in this case.”

The gag order had been issued by the special CBI court of Additional Sessions Judge SJ Sharma had, on November 29, 2017, issued the gag order against a handwritten request submitted by advocate Wahab Khan, counsel for Rajasthan policeman Abdul Rehman Khan, who had urged the court to ban media reporting on proceedings in the trial. Khan and lawyers of other accused in the case had argued that publishing such details would affect the security of the prosecution lawyers, the accused and the defence team.

The defence lawyers had pointed out that media reports raising doubts about the death of Judge Brijgopal Harkishan Loya, who had presided over the Sohrabuddin Sheikh case when BJP president Amit Shah an accused in it, had led to apprehension about the possibility of any “untoward incident”.

Nine journalists had moved the Bombay High Court seeking quashing of the gag order. The journalists had, through their lawyers Aabad Ponda and Abhinav Chandrachud, submitted before the Bombay High Court that the special CBI court had overreached its jurisdiction while imposing the gag order, a power that lies only with courts of record i.e. the high courts or the Supreme Court.

“The trial court’s order usurps jurisdiction of the superior courts. It has not prohibited access, it is an open trial which can be attended by anyone including the mediapersons but prohibits publication. The order is in nature of an injunction which it does not have the power to give. It cannot restrict the media from reporting the trial (sic),” the petitioners had said.

On Tuesday, while hearing the writ petition filed by the journalists, the Bombay High Court had asked: “Under which provision does the judge have the power to direct the media not to publish? Can the court, in the absence of power, pass such an order?”

On Wednesday, when the petition came up for hearing again, the Justice Revati Mohite-Dere said in a strongly worded order: “Sensationalism cannot be the cause to prevent media from publishing… Similarly, a mere allegation of a surcharged atmosphere cannot suffice. Nothing has been brought on record to substantiate the defendants’ contention that they are in fear of their life.”

The high court also held that the media serves a larger public purpose by disseminating information that will otherwise not be easily available to the people and added that the “Press is the most powerful watchdog of the society… a fair trial is one which balances the public interest of society. It is always open for prosecution if necessary to request the court to conceal the identity of the witness if the need so arises.”

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Rahul Gandhi says air pollution in North India a national emergency, tourism declining, global reputation crumbling

“We need a collective national response, not political blame games,” the Congress leader said on his X handle.

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Leader of Opposition in the Lok Sabha Rahul Gandhi on Friday said the air pollution in North India is a national emergency that needs a collective national response and not a political blame game. The Congress leader added that due to air pollution tourism is declining and “our global reputation is crumbling”.

It is a public health crisis that is stealing children’s future and suffocating the elderly, Gandhi said, adding an environmental and economic disaster that is ruining countless lives.

“As Parliament meets in a few days, MPs will all be reminded of the crisis by our irritated eyes and sore throats. It is our responsibility to come together and discuss how India can end this crisis once and for all,” the Leader of the Opposition in Lok Sabha said.

The former Congress chief said the poorest “among us suffer the most”, unable to escape the toxic air surrounding them. Families are gasping for clean air, children are falling sick, and millions of lives are being cut short, he added.

The Rae Bareli MP noted that the pollution cloud covers hundreds of kilometres. He said cleaning it up will require major changes and decisive action from governments, companies, experts, and citizens.

“We need a collective national response, not political blame games,” the Congress leader said on his X handle.

Gandhi also shared a video on a social media platform where he discussed the capital’s air pollution with environmentalist expert Vimalendu Jha. In the video, the Congress leader said he has been facing eye-burning and breathing issues and how the last week in Delhi has been terrible.

He said, “I tell my mother to leave town this month.” Jha explains to Gandhi that the sources of air pollution in Delhi are episodic and perennial. Episodic sources are firecrackers and stubble burning, which affect the month of November. “Vehicular contributes 50 per cent of Delhi’s pollution and construction-related roadside dust is another 30 per cent,” Jha said.

The Air Quality Index in Delhi has been severe since November 16, making it five consecutive days till Wednesday. On November 15, the average AQI was 396 (very poor).

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Indian Navy submarine collides with fishing boat near Goa coast, 2 fishermen missing

A spokesperson from the Navy told the media that eleven crew have been rescued so far.

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Indian Navy submarine collides with fishing boat near Goa coast, 2 fishermen missing

Indian Navy officials on Friday said that an Indian fishing vessel with a crew of 13 collided with an Indian Naval submarine near the Goa coast. 

Following the incident, a massive search and rescue operation has been launched by the Indian Navy, which has deployed six ships and aircraft. Reportedly, while 11 crew have been rescued, two are still missing.

The Ministry of Defence issued a statement and said that the vessel, Marthoma, collided with a Scorpene-class submarine about 70 nautical miles off the Goa coast. It added that search and rescue efforts for the remaining two are underway and are being coordinated with Maritime Rescue Coordination Centre Mumbai (MRCC). It further mentioned that additional assets including from the Coast Guard have been diverted to the area to augment the efforts.

The statement said that the cause of the incident is being investigated. Notably, Scorpene-class submarines are a major part of India’s naval power in the Indian Ocean as they can undertake multifarious types of missions, including anti-surface warfare, anti-submarine warfare, intelligence gathering, mine laying, and area surveillance.

Reports said that the state-of-the-art technology utilised for the construction of the Scorpene-class submarines has ensured superior stealth features such as advanced acoustic silencing techniques, low radiated noise levels, hydro-dynamically optimized shape and the ability to launch a crippling attack on the enemy using precision-guided weapons. Furthermore, the attack can be launched with both torpedoes and tube-launched anti-ship missiles, whilst underwater or on the surface.

Meanwhile, the Indian Navy in its statement said that 13 crew members were aboard the fishing vessel at the time of the collision. It added that while 11 crew have been rescued so far, two fishermen are still reported missing.

A spokesperson from the Navy told the media that eleven crew have been rescued so far. He stated that search and rescue efforts for the remaining two crew members of Marthoma are in progress and are being coordinated with the Maritime Rescue Coordination Centre (MRCC), Mumbai. Additional assets including from the Coast Guard have been diverted to the area to augment the efforts, he continued.

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10 Naxalites killed in encounter in Chhattisgarh’s Sukma

The District Reserve Guard (DRG) and the Central Reserve Police Force (CRPF) continue their search operation in the area.

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Ten Naxalites were killed in an encounter with security forces in the Sukma district of Chhattisgarh on Friday.

The confrontation started in the morning within a forest area under the jurisdiction of the Bhejji police station, where a joint operation was being conducted by security personnel as part of an anti-Naxalite initiative, according to Inspector General of Police (Bastar Range) Sundarraj P. 

This operation was initiated following intelligence regarding the presence of Maoists connected to the Konta and Kistaram area committees, situated in the forested regions around Korajguda, Dantespuram, Nagaram, and Bhandarpadar villages.

So far, the bodies of ten Naxalites have been recovered at the scene. Additionally, a significant cache of weapons was seized, including an INSAS rifle, an AK-47, and a Self Loading Rifle (SLR). 

The District Reserve Guard (DRG) and the Central Reserve Police Force (CRPF) continue their search operation in the area. This incident contributes to the year-to-date total of 207 Naxalite fatalities recorded in various clashes across the Bastar region of Chhattisgarh, comprising seven districts. 

On Wednesday, Chhattisgarh Chief Minister Vishnu Deo Sai met with Union Home Minister Amit Shah in the national capital, North Block. Their discussion focused on developmental progress in Naxal-affected areas of Chhattisgarh and efforts aimed at enhancing peace and stability in these regions. 

The Chief Minister emphasised that both the state government and security forces are diligently working to eradicate Naxal influence in Chhattisgarh, aligning with the Union Home Minister’s commitment to eliminate Naxalism by 2026.

“I met with Union Home Minister Amit Shah and updated him about the Naxal activities in Chhattisgarh. Over the past 11 months, close to 200 Naxals have been neutralized, and approximately 600-700 have surrendered. We are making significant strides towards the goal set by the Prime Minister and Home Minister to achieve a Naxal-free India by March 2026,” CM Sai told reporters following the meeting.

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