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Delhi High Court ends Journalist and activist Gautam Navlakha’s house arrest

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Delhi High Court ends Journalist and activist Gautam Navlakha’s house arrest

The Delhi High Court today (Monday, October 1) set free journalist and social activist Gautam Navlakha from house arrest while quashing a local court order granting transit remand to Maharashtra police to transfer him to Pune.

Navlakha was one of five rights activists under house arrest in the Bhima Koregaon case. The Pune police had arrested Navlakha from Delhi last month following searches in several cities.

The development comes days after the Supreme Court, while extending the house arrest of Navlakha and others by four weeks, said the accused could seek legal recourse in an appropriate court

The High Court bench of Justice S Muralidhar and Justice Vinod Goel said that the transit remand was given by the local court without compliance of mandatory provisions of the Constitution and Code of Criminal Procedure (CrPC).

The judges said that in light of the “non-compliance” of the Constitution of India and the Code of Criminal procedure, “it is obvious that the order passed by the Chief Metropolitan Magistrate (CMM) is unsustainable in law.“

The court noted that the transit remand order was passed in violation of the mandate of Article 22 of the Constitution and Sections 41(1)(ba) and 167 of the Code of Criminal procedure.

It said that the CMM had passed the order without due satisfaction with respect to the “existence” of material proving necessity of arrest. Neither the case diary was perused by the CMM, nor the ground of arrest were communicated to Navlakha, said the court.

The Court lifted the house arrest order, saying, “In view of Section 56 and 57 of CrPC and absence of remand order by the CMM, detention of Petitioner has exceeded 24 hours, which is untenable in law.”

“Consequently, house arrest of Petitioner comes to an end as of now,” ordered the Bench, rejecting the argument of the Maharashtra Police to extend the house arrest by few more days. The Maharashtra Police wanted to take Navlakha to Pune in connection with an FIR lodged there following an event — ‘Elgaar Parishad’ (conclave) — held on December 31 last year that had triggered violence at Koregaon-Bhima village.

The Court observed that the apex court had extended the house arrest by four more weeks to make the Petitioner “avail the remedies” available under law.

The Court clarified that the Maharashtra Police may nonetheless proceed with the case in accordance with law.

Navlakha was detained by Maharashtra Police from his residence in South Delhi’s Nehru Enclave late August in presence of Delhi Police (Special Cell) SWAT team.

Last week, the Supreme Court held that the crackdown and arrests of five activists, including Navlakha, from some parts of the country in the Bhima-Koregaon violence case on August 28 was not an attempt to silence dissent.

By a majority opinion, the top court dismissed the petition filed by historian Romila Thapar and four others seeking a Supreme Court–monitored special investigation team (SIT) probe into the allegations raised against the five arrested activists — poet Vara Vara Rao, lawyer Sudha Bhardwaj, Arun Ferreira, Vernon Gonsalves and Navlakha.

The Supreme Court gave the accused four weeks time to take legal remedy and seek bail in a lower court.

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Manipur: Congress hits back at BJP chief Nadda’s letter to Kharge

Ramesh emphasised that Nadda’s letter is replete with inaccuracies and reiterated that the people of Manipur long for normalcy, peace, and harmony.

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The Congress on Friday lashed out at BJP president JP Nadda’s accusations that the Opposition party was promoting a politically motivated narrative concerning the situation in Manipur.

The grand old party described Nadda’s letter to Congress chief Mallikarjun Kharge as a 4D exercise, which means denial, distortion, distraction, and defamation.

Nadda, responding to Kharge’s call for President Droupadi Murmu’s intervention and his claims of the Centre’s total failure in managing the crisis, claimed that the consequences of Congress’s “abject failure” in handling local issues in Manipur during its governance are still being felt today.

Responding to Nadda, Congress General Secretary for Communications Jairam Ramesh stated, “Congress President Kharge ji wrote to the President of India on Manipur. Apparently, to counter that letter, the BJP President has now written to the Congress President.”

Ramesh emphasised that Nadda’s letter is replete with inaccuracies and reiterated that the people of Manipur long for normalcy, peace, and harmony.

He noted that they are posed with four critical questions: When will the Prime Minister visit the state? How much longer will the Chief Minister remain in office despite lacking majority support? When will a full-time Governor be appointed? And when will the Union Home Minister be held accountable for his failures in Manipur?

Nadda expressed astonishment at the Congress’s ongoing efforts to sensationalize the situation in Manipur, pointing out that Kharge appeared to overlook the fact that his party’s past government had legitimized the illegal migration of foreign militants to India, during which former Home Minister P Chidambaram had signed relevant treaties.

On Tuesday, Kharge had written to President Murmu regarding the worsening conditions in Manipur, requesting her immediate intervention to ensure that the citizens of the state can live peacefully and with dignity.

In his two-page letter, Kharge accused both the Union and Manipur state governments of “completely failing” to restore peace and normalcy over the past 18 months, resulting in a loss of public confidence in their leadership.

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Rahul Gandhi is right, Gautam Adani should be arrested: RJD president Lalu Yadav

“Rahul Gandhi is right. Adani should be arrested,” said Prasad, who is an old ally of the Congress and a staunch opponent of the BJP, to which Adani is said to be close.

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RJD president Lalu Prasad Yadav on Friday spoke in support of Congress leader Rahul Gandhi’s demand for immediate arrest of Gautam Adani, after the Industrialist was charged in the US for alleged bribery and fraud.

Gandhi, the Leader of Opposition in the Lok Sabha, said on Thursday that Gautam Adani should be arrested immediately, and his protector Madhabi Puri Buch should be investigated

The former Congress chief claimed that the recent developments vindicate his long-standing allegations against Gautam Adani. He took a sharp dig at Prime Minister Narendra Modi and alleged that Modi is protecting Adani, and is also involved in corruption. 

Yadav, the former chief minister of Bihar, was responding to queries from journalists here about Gandhi’s statement on the previous day, in the backdrop of charges of bribery and fraud against the Adani group in the US.

“Rahul Gandhi is right. Adani should be arrested,” said Prasad, who is an old ally of the Congress and a staunch opponent of the BJP, to which Adani is said to be close.

The RJD supremo, who incidentally has been convicted in several fodder scam cases and is on bail, was also asked about prospects of the INDIA bloc, of which his party is a part, in Jharkhand, where the counting of votes for assembly polls is scheduled on Saturday.

Speaking to PTI, the ailing septuagenarian replied, “I would like to remain focused on my statement that Adani must be arrested. I am not worried much about a new government (in Jharkhand) where we are already in power.” Jharkhand witnessed a straight battle between the INDIA bloc and the BJP-led NDA, which included the JD(U) headed by Nitish Kumar, Prasad’s arch-rival and the current Chief Minister of Bihar.

Addressing a press conference on Thursday, Gandhi further said that Chief Ministers have been jailed for scams of Rs 10-15 crore, but Adani, who has committed a scam of Rs 2000 crore is walking free.

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Cash for votes row: BJP leader Vinod Tawde sends legal notice to Rahul Gandhi, Mallikarjun Kharge, asks them to apologise or face defamation

The BJP leader said the allegations against him were false, baseless and made with malafide intentions.

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Cash for votes row: BJP leader Vinod Tawde sends legal notice to Rahul Gandhi, Mallikarjun Kharge, asks them to apologise or face defamation

BJP leader Vinod Tawde, accused of distributing cash to influence voters, has sent a legal notice to Congress leaders Mallikarjun Kharge, Supriya Shrinate and Rahul Gandhi over the controversy. The BJP leader has demanded their apologies or face a Rs 100-crore defamation case.

Vinod Tawde’s legal notice came after regional party Bahujan Vikas Aghadi (BVA) leader Hitendra Thakur on Tuesday accused him of distributing Rs 5 crore at a hotel in Virar in Palghar district, 60 km from Mumbai, to woo voters.

In the legal notice, the BJP leader said the allegations against him were false, baseless and made with malafide intentions. He claimed that he demanded an apology from the three Congress leaders for their remarks against him in the cash-for-votes row or he would be forced to initiate criminal proceedings against them.

Just a few hours before the Assembly Elections, a video went viral on Tuesday showing BVA workers storming into the hotel in Palghar during a meeting between Vinod Tawde and Rajan Naik, the BJP candidate from the Nalasopara seat. The BVA workers alleged that Tawde was caught red-handed with Rs 5 crore cash.

In the viral video, the BVA workers were seen taking out bundles of cash from a bag, while Tawde was sitting at a distance. The BVA workers also took pictures and videos of him on their phones. Amid these allegations, BVA leaders said that Rs 5 crore cash was distributed, an election official on Tuesday said Rs 9.93 lakh cash was recovered from the hotel rooms.

However, Vinod Tawde denied the allegation, saying he was only providing guidance to party workers on poll procedures and said he was not stupid enough to distribute money at his opponent’s hotel. Speaking to the media, he said that the Vivanta Hotel is owned by the Thakurs, and he is not stupid to go to their hotel and distribute money there.

The Police registered two FIRs against Tawde, BJP candidate Naik and others in connection with the controversy. Additionally, the Election Commission filed three FIRs against Tawde.

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