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Congress MLA Jignesh Mevani acquitted in 2017 rally case

A Gujarat sessions court, Wednesday, overturned a lower court sentence and conviction of Congress MLA Jignesh Mevani and nine others in a case of unlawful assembly for taking out a public rally without the permission of the police in 2017.

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Congress MLA Jignesh Mevani

A Gujarat sessions court, Wednesday, overturned a lower court sentence and conviction of Congress MLA Jignesh Mevani and nine others in a case of unlawful assembly for taking out a public rally without the permission of the police in 2017.

Setting aside the lower court judgement, a sessions court in Mehsana district observed that debates and bona fide criticism of government actions are essential for the existence of democracy while also quoting former US President Abraham Lincoln: “Those who deny freedom to others deserve it not for themselves, and under a just God, cannot long retain it.”

The sessions court in its judgement noted that the prosecution’s entire case was baseless and lacked any substance or evidence.

Additional Sessions Judge CM Pawar allowed the appeal of Jignesh Mevani, Aam Aadmi Party (AAP) leader Reshma Patel, and others against the May 2022 order of a judicial magistrate court which had convicted and sentenced them for three-months in jail under sections 143 (unlawful assembly) of the Indian Penal Code (IPC).

In July 2017, an FIR was lodged against Dalit rights activist Jignesh Mevani and others at the Mehsana ‘A’ division police station for taking out an “Azadi march” in support of landless farmers of the area, without police permission, from Mehsana town to Dhanera in Banaskantha district.

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Mevani and other accused had sought permission from authorities to organise a rally under the banner of Rashtriya Dalit Adhikar Manch to air grievances of members of the Dalit community.

Jignesh Mevani—a prominent Dalit leader—is also a working president of the Gujarat Congress.

An executive magistrate via an order June 27, 2017 granted the permission for the rally, however, it was rescinded on July 7 of that year on grounds of public disorder but Mevani and others persisted and went ahead with their planned rally leading to an FIR against them for unlawful assembly under section 143 of the IPC.

Mevani, at the time, was an independent legislator from Banaskantha district’s Vadgam and was reelected from the same constituency on Congress ticket in the December 2022 elections.

Justice Pawar in his ruling observed that “deliberations, discussions, debates and bona fide dissent against policies of government and even bona fide criticism of action of government are essential for the existence of democracy in the nation.”

The sessions judge also highlighted the misuse of power and process of law by authorities for suppressing the voice of people, and noted showing “dominance of power” is not unknown even in a democratic set up.

The judge noted that in a democracy elected leaders meant to serve the people not to rule them, adding that a democratic nation is duty-bound to “protect the rights of citizens without any fear of criticism for survival of the ethos of democracy in the nation.”

He observed that right of freedom will be nullified in a democracy if dissent or peaceful protest is branded as an offence.

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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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