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Supreme Court stays trial of Kathua child gangrape and murder case till May 7

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Supreme Court stays trial of Kathua child gangrape and murder case till May 7

The Supreme Court Friday, April 27, ordered a 10-day stay – till May 7 – on the trial in the Kathua child gangrape and murder case.

The court will deal with the prayer of the victim’s father for shifting the trial to Chandigarh and the plea of the accused seeking handing over the probe to CBI.

A bench of Chief Justice Dipak Misra and Justices D Y Chandrachud and Indu Malhotra – who replaces Justice AM Khanwilkar – said it will deal with the prayer of the victim’s father for shifting of trial to Chandigarh and plea of the accused seeking handing over the probe to CBI. The next hearing on matter has been fixed for May 7.

The child from a minority nomadic community – the Bakarwal –  had disappeared from near her home in a village near Kathua in Jammu region on January 10. Her body was found in the same area a week later.

In a stern warning a day before, on Thursday, the apex court had said it would transfer the Kathua gangrape and murder case from the local court in Jammu and Kashmir in the “slightest possibility” of lack of fair trial, saying the “real concern” was to hold proper prosecution.

Earlier, the eight-year-old’s father had moved the apex court, apprehending threat to the family, a friend and their lawyer Deepika Rajawat.

On the other hand, the accused filed a separate plea seeking that the trial in the case be held in Jammu and the probe handed over to the CBI.

During the hearing, the court witnessed heated exchanges between senior advocate Indira Jaising, who appeared for the victim’s family, and advocate Harvinder Chaudhary, who was representing the accused.

Jaising said the case should be transferred to Chandigarh due to its proximity to Kathua and the incidents of obstruction of police personnel by lawyers of the local court, reported The Hindu. She cited as reasons the attempts to intimidate the presiding judge of the court and the heckling of crime branch officials by lawyers, as evident in the affidavit of the Jammu and Kashmir government.

Chaudhary argued her clients do not have faith in police investigation as the police were hand-in-glove with vested interests to falsely implicate the accused while the real culprits were someone else. She said the probe should be handed over to the CBI.

Advocate General Jahangir Iqbal Ganai, along with standing counsel Shoeb Alam, appearing for Jammu and Kashmir, opposed the prayer for a CBI probe and said the special investigation team of the Crime Branch was investigating the case. Ganai said the trial could be shifted from Kathua to some other district in the State as there were 221 witnesses and most of the statements recorded so far were in Urdu, said The Hindu report.

Alam said Jammu and Kashmir had its own penal law and if the trial was shifted to Chandigarh, then it may create several problems.

Additional Solicitor General Maninder Singh, appearing for the Centre, said the government was ready to provide any assistance if required but the call has to be taken by the Jammu and Kashmir government.

The state police’s Crime Branch, which probed the case, filed the main chargesheet against seven persons and a separate charge sheet against a juvenile in a court in Kathua district last week. The chargesheet revealed chilling details about how the girl was allegedly kidnapped, drugged and raped inside a place of worship before being killed.

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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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