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Religious identity cannot be ground for assault, murder: Supreme Court

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Supreme Court

It took the Supreme Court of India to lay down what should be a commonly known and established natural principle – that one cannot beat up or kill anyone simply because that person follows a different religion.

Striking down bail granted by the Bombay High Court to three men accused of murdering a Muslim youth, the Supreme Court has said that “the fact that the deceased belonged to a certain community cannot be a justification for any assault, much less a murder.”

The observation by a bench of Justices SA Bobde and L Nageswara Rao came in response to a Bombay High Court order which had stated that “the only fault of the deceased was that he belonged to another religion” but apparently justified the decision of granting bail to the accused by holding that “the fact that the deceased belonged to another religion is in favour of the accused.”

Taking exception to the Bombay High Court’s order, the Supreme Court bench of Justices Bobde and Rao said that the bail ruling can “on a fair reading, be understood or misunderstood almost as a mitigating circumstance or a kind of a justification for the murder and it is obvious that the fact that the deceased belonged to a certain community cannot be a justification for any assault much less a murder.”

The top court observed that every court has to be mindful of the pluralistic character of the Indian society.

“While it may be possible to understand a reference to the community of the parties involved in an assault, it is difficult to understand why it was said that ‘the fault of the deceased was only that he belonged to another religion’ and further ‘I (the Bombay High Court Judge who granted bail to the three accused) consider this factor in favour of the applicants/accused,” the bench said while quashing the bail order.

“We have no doubt that a Court fully conscious of the plural composition of the Country while called upon to deal with rights of various communities, cannot make such observations which may appear to be coloured with a bias for or against a community,” the bench added in its order passed on February 8.

The murder case dates back to June 2014 when a meeting of the right wing outfit Hindu Rashtra Sena (HRS) was conducted at Hadapsar in Maharashtra’s Pune district on account of the alleged defiling of a statue of Shivaji Maharaj. About 30 minutes after this meeting, Ranjeet Shankar Yadav, Ajay Dilip Lalge and Vijay Rajendran Gambhire — all members of the Hindu Rashtra Sena – saw Shaikh Mohsin proceeding for dinner with his friend Riyaz. Mohsin was reportedly wearing a pastel green colour shirt and sported a beard – apparent indications to Yadav, Lalge and Gambhire that Mohsin was a Muslim.

According to the prosecution, Yadav, Lalge and Gambhire approached Mohsin and began assaulting him with hockey sticks, bats and stones. Mohsin later succumbed to his injuries.

During trial in the murder case, the Sessions Court in Pune had rejected the bail applications moved by Yadav, Lalge and Gambhire and observed that 23 persons in all (including two juveniles in conflict with law) appeared to have assaulted Mohsin. “Mohsin was assaulted because he looked like a Muslim and that the deceased prima facie had no concern with disgracing (sic) Shivaji Maharaj,” the Sessions Court in Pune had said while concluding that Yadav, Lalge and Gambhire were present in the HRS meeting “in which a conspiracy to kill the members of a certain community was hatched.”

The three accused had then moved the Bombay High Court seeking bail. The Supreme Court said that the Bombay High Court’s single judge bench (of Justice Mridula Bhatkar) had “in a cryptic order directed the release of the accused mainly for the following reason: ‘The meeting was held half an (sic)prior to the incident of assault. The applicants/accused otherwise had no other motive such as any personal enmity against the innocent deceased Mohsin. The fault of the deceased was only that he belonged to another religion. I consider this factor in favour of the applicants/accused. Moreover, the applicants/accused do not have criminal record and it appears that in the name of the religion, they were provoked and have committed the murder.”

Quashing the Bombay High Court’s order, the apex court ruled that the accused – Lalge and Gambhire – “shall be taken into custody, if they do not surrender within a period of one week from today (February 8).” Yadav, the third accused, has already been taken into custody.

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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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