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Supreme Court grants bail to four 2002 Gujarat riot convicts, says conviction debatable

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[vc_row][vc_column][vc_column_text]The Supreme Court on Tuesday, Jan 22, ordered the release on bail of four convicts in 2002 Gujarat riots case of Naroda Patiya, which saw one of the worst massacres, calling their conviction “debatable”.

The convicts, Umeshbhai Bharwad, Rajkumar, Harshad and Prakashbhai Rathod, had been found guilty and sentenced to a 10-year jail term for arson and rioting by the Gujarat High Court on June 25 last year.

The top court also said it is seized of appeals by others convicted in the case, including Babu Bajrangi.

At least 97 Muslims were killed in Naroda Patiya near Ahmedabad on February 28, 2002, which saw one of the worst instances of mob violence when nearly 100 Muslims were slaughtered by a mob of thousands during the communal riots that followed the Godhra train burning in which 59 Hindu train passengers were killed.

In June last year, the Gujarat High Court had sentenced the convicts to 10 years rigorous imprisonment, observing that their punishment must be consistent with the brutality of the crime.

The high court had convicted 16 people, including Babu Bajrangi, and acquitted 18 others, among them former BJP minister Maya Kodnani for want of evidence.

“The court cannot set aside the agony and anguish of the victims… Offences are not against individuals but society at large and has consequences of polarising society,” Gujarat high court had said while convicting them.

“Imposing too lenient a sentence would amount to travesty of justice… Imposition of 10 years of rigorous imprisonment would be adequate punishment,” the court held.

The court further observed that any liberal attitude with respect to such offences would be “counter-productive” and “against the interest of society”.

On Tuesday, a Supreme Court bench headed by Justice AM Khanwilkar granted bail to four convicts on the chief grounds that the High Court verdict of conviction was “debatable” and that they should be released on bail since their appeal would take much time for disposal.

In three bail orders, the Supreme Court has expressed serious doubts over the conviction.

All these accused were held guilty under Section 436 (mischief by fire or explosive substance with intent to destroy house) of the Indian Penal Code, along with other provisions relating to unlawful assembly.

The bench released Umeshbhai Surabhai Bharwad, Rajkumar, Padmendrasinh Jaswantsinh Rajput and Harshad alias Mungda Jila Govind Chhara Parmar on bail after imposing ordinary conditions to be laid out by the trial court.

The Supreme Court, while deciding the bail plea, noted that the Gujarat HC had primarily relied upon identification of these convicts by police officials but in some cases, no identification parade was conducted and the appeals raised doubt over their identification in a group of around 15,000 persons.

“Prima facie, we find that the approach of the High court is debatable,” said the bench, while granting bail to Bharwad. It also noted that Bharwad was undergoing treatment for HIV and that he had been on bail during the trial of the case.

Taking up the bail plea by Rajkumar, the apex court noted that the HC convicted him while observing that even in absence of any specific role attributed to the applicant his presence being established, the charge of being a member of the unlawful assembly must hold good.

“Prima facie, we find this approach to be doubtful, especially when the witnesses relied upon by the prosecution are police officials and no identification parade of this applicant was conducted during the investigation by the Police,” noted the bench, granting bail to Rajkumar.

The court further noted that Harshad alias Mungda Jila was sentenced to 10 years in jail. “He has already undergone more than five years of actual imprisonment coupled with the fact that the hearing of the appeal is not likely to take place in the immediate near future. Accordingly, applicant is ordered to be released on bail to the satisfaction of the trial court,” directed the bench.

It also released another convict, Prakashbhai Sureshbhai Rathod, on interim bail between January 28 and February 15 to attend his daughter’s wedding.[/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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