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Jamia Nagar violence: Delhi HC asks Sharjeel Imam, others to clarify stand on police plea challenging discharge

The Delhi High Court, Monday, asked 2019 Jamia Nagar violence accused Sharjeel Imam, Asif Iqbal Tanha and others on their stand over the police challenge to a trial court order discharging them in the case.

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Sharjeel Imam

The Delhi High Court, Monday, asked 2019 Jamia Nagar violence accused Sharjeel Imam, Asif Iqbal Tanha and others on their stand over the police challenge to a trial court order discharging them in the case.

A notice issued by Justice Swarana Kanta Sharma to Sharjeel Imam and others on the petition filed by Delhi Police against their discharging. The notice clarified that the of the lower court would not affect further investigation in the matter or trial.

On February 4, a trial ordered the discharging of Sharjeel Imam, Asif Iqbal Tanha among 11 people. In its judgement, the court ruled that the accused were made scapegoats by the police while observing that dissent must not be stifled but encouraged.

However, it ordered that charges be framed against one of the accused Mohammad Ilyas.

Violent protests erupted as locals clashed with the police during the demonstrations against Citizenship (Amendment) Act (CAA) in Delhi’s Jamia Nagar area in December 2019.

The police registered a case and lodged an FIR in which Sharjeel Imam was accused of instigating the riots by delivering a provocative speech at the Jamia Milia University on December 13, 2019.

Imam, who is also an accused in the 2020 northeast Delhi riots, will continue to stay behind bars.

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Delivering its judgement, the trial court, while admitting that there may have been some anti-social elements within the mass of people who staged protests against the CAA, however, it observed that the question is whether the accused persons were even prima facie complicit in taking part in that mayhem?”, adding that the answer is an “unequivocal no.”

The Jamia Nagar police station had filed a charge sheet against Imam, Asif Iqbal Tanha, Safoora Zargar, Mohammad Qasim, Mahmood Anwar, Shahzar Raza Khan, Mohammad Abuzar, Mohammad Shoaib, Umair Ahmad, Bilal Nadeem, Chanda Yadav and Mohammad Ilyas.

Following sections of the Indian Penal Code (IPC) were invoked against the accused in the chargesheet, section 148 (rioting, armed with a deadly weapon), 186 (obstructing public servant in discharge of public functions), 353 (assault or criminal force to deter public servant from discharge of his duty), 308 (attempt to commit culpable homicide), 435 (mischief by fire or explosive substance with intent to cause damage), 323 (voluntarily causing hurt), 341 (wrongful restraint) and 120B (criminal conspiracy).

The Delhi Police moved the top court challenging the trial court’s order and described it a as a slap in the face of settled principles of law, and suffering from grave infirmities which go to the root of the matter and is perverse in the eyes of the law.

In their plea, the police argued that the trial court has not only discharged the accused persons but was also swayed by “emotional” and “sentimental feelings” and has cast aspersions on the prosecuting agency and passed “gravely prejudicial” and “adverse” remarks against the prosecuting agency and the investigation.

The matter would be heard next on March 16.

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Women’s quota bill fails in Lok Sabha as it falls short of two-thirds majority

Women’s reservation proposal failed in Lok Sabha after securing 298 votes, below the required two-thirds majority

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Government secures 298 votes in favour, 230 against; proposal does not pass constitutional threshold

The proposed amendment related to women’s reservation failed to pass in the Lok Sabha on Friday after the government could not secure the required two-thirds majority.

The bill received 298 votes in favour and 230 against, falling short of the constitutional threshold needed for passage. As a constitutional amendment, it required the support of at least two-thirds of members present and voting.

Despite securing a simple majority, the government was unable to gather sufficient support to meet this requirement.

Debate continues over two days

The discussion on the bill extended late into Thursday and continued on Friday, with members from both sides participating in the debate on women’s representation in legislative bodies.

Prime Minister Narendra Modi urged members to support the proposal, calling for wider consensus on the issue.

Implications of the outcome

The failure of the bill underscores the challenges in securing broad political agreement on constitutional amendments, especially those related to representation and electoral reforms.

The proposal was aimed at advancing women’s representation in the Lok Sabha and state assemblies, an issue that has remained under discussion for several years.

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Rahul Gandhi faces FIR order as Allahabad High Court acts on dual citizenship plea

High Court allows plea in Rahul Gandhi citizenship case, paving the way for further legal process.

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Rahul Gandhi

The Lucknow bench of the Allahabad High Court has allowed a petition seeking legal action in connection with allegations related to Congress leader Rahul Gandhi’s citizenship status, marking a fresh development in the case.

The petition was filed by a political worker, who had approached the court seeking directions for registration of a case over claims that Gandhi may have held foreign citizenship. The High Court, while hearing the matter, passed directions for further proceedings in accordance with law.

The development comes after a special MP/MLA court in Lucknow had earlier declined to order registration of an FIR, reportedly observing that it lacked jurisdiction in matters concerning citizenship.

Background

The case is linked to allegations that Rahul Gandhi may have held British citizenship. Under Indian law, dual citizenship is not permitted. However, these claims remain part of the petitioner’s submissions and have not been established by any court.

During earlier hearings, the High Court had sought records and considered material presented by the parties involved.

What happens next

With the High Court allowing the plea, the matter is expected to proceed as per due legal process. This may involve examination by the appropriate authority and further judicial review at subsequent stages.

The case carries both legal and political significance given Rahul Gandhi’s role as Leader of the Opposition in the Lok Sabha.

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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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