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JNU sedition case: Court raps Delhi Police for filing chargesheet without Delhi Govt sanction

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JNU sedition case

[vc_row][vc_column][vc_column_text]A Delhi court today (Saturday, Jan 19) rapped the Delhi Police for filing a chargesheet in the JNU sedition case without taking an approval from the Arvind Kejriwal-led AAP Government of Delhi.

“You don’t have approval from legal department, why did you file chargesheet without approval?” the court asked.

The Delhi Police told Metropolitan Magistrate Deepak Sherawat that they will get the sanction approval within 10 days but could not explain why they did not do it before filing the chargesheet three years after they registered the case.

The court gave Delhi Police time till February 6 to get the requisite approval of the Delhi government’s legal department by that time.

The court had set January 19 for consideration of chargesheet against former Jawaharlal Nehru University Students’ Union (JNUSU) president Kanhaiya Kumar and others in the 2016 JNU sedition case.

The Delhi Police had filed a voluminous 1200 page chargesheet slapping charges under various sections of the Indian Penal Code (IPC) including 124A 323, 465, 471,143, 149, 147, 120B, against the former students on Monday, Jan 14.

The chargesheet said Kumar he was leading a procession and supported seditious slogans raised on the varsity campus on February 9, 2016, at an event to commemorate the hanging of Parliament-attack mastermind Afzal Guru.

Police also charged former JNU students Umar Khalid and Anirban Bhattacharya for allegedly shouting anti-India slogans during the event.

In its chargesheet in the sedition case filed against former JNU students, Delhi Police have relied on video footage from six mobile phones, of which at least three belong to current or former members of the ABVP’s JNU unit, and one belongs to a constable.

Police have, in their chargesheet, also cited raw footage collected by Zee News and a debate aired on the TV, channel to build their case against the accused in the sedition case, filed in connection with a February 9, 2016, event in JNU held to mark the hanging of Parliament attack convict Afzal Guru and protest against alleged subversion of the law and due process that preceded his hanging in the Tihar Jail premises on February 9, 2013.

Police have affixed a total of 12 video transcripts in the annexures of the chargesheet. According to the chargesheet, an iPhone 6 belonging to JNU student Jaspreet Singh, which had 13 videos of the incident, was handed over to police after they served a seizure memo. The Auxus mobile phone handed over by Saurabh Sharma, former JNUSU joint secretary from ABVP, has 14 videos, the chargesheet states.

Kanhaiya Kumar was the president of the JNU Students’ Union when the event was organised and the FIR filed. He, along with Khalid and Bhattacharya, was arrested in connection with the case but all three were later let out on bail.

The FIR states that “anti-national” slogans were allegedly raised at the event by Kumar and others. The police claims it has relied on “forensic evidence, testimonies of other students, videos from the event and news reports about it,” to arrive at the conclusion that sedition charges can be invoked against the accused.

The police’s decision to slap the sedition charge against Kanhaiya and others in the chargesheet triggered a fresh controversy since the apex court has already made serious comments against the wanton use of the sedition law by the police and the State ostensibly to curb dissent.

The controversy over the FIR against Kumar, Khalid and Rashid had thrust the three students to instant stardom of sorts, giving them a youth icon status and making them faces of the resistance to Prime Minister Narendra Modi and his BJP’s alleged crackdown on dissent, particularly in educational institutions. Protests had also erupted across educational campuses in the country against the persecution of Kumar and his fellow students. Ever since, Kumar and Rashid have been regulars at many public events organized to speak against the alleged tyranny of the Modi government and its efforts to muzzle criticism of any sort.

The filing of the chargesheet months before the Lok Sabha poll campaign is expected to give the Opposition as well as Kumar and his comrades a handle to attack the Modi government for trying to harass critics and opponents.

Kumar has already declared his willingness to contest the upcoming Lok Sabha polls from a constituency in Bihar as an independent candidate supported by the ‘mahagathbandhan’ of Lalu Prasad Yadav’s Rashtriya Janata Dal, Congress party and other smaller political outfits in Bihar. It is being speculated that Rashid too could mark her electoral debut from a constituency in Jammu & Kashmir, either in the upcoming Lok Sabha polls or the assembly elections in the state that is currently under President’s Rule and will go to the hustings in April-May.

Kanhaiya Kumar called chargesheet “politically motivated”. “The filing of chargesheet after three years, ahead of elections, clearly shows it to be politically motivated. I trust the judiciary of my country,” the former student leader said.

Kumar added: “all of these, starting from the Citizenship Amendment Bill to the 10 percent quota act to now this charge, are being brought at the same time to coincide with the election. Why was so much time taken to file a chargesheet for sedition? I can see a complete lack of seriousness on the part of the Narendra Modi-government regarding everything.”[/vc_column_text][/vc_column][/vc_row]

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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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