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Delhi High Court issues notice to Centre on Shah Faesal’s detention

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The Delhi High Court yesterday (Monday, Aug 19) issued notice to the Centre and the Jammu and Kashmir (J&K) administration seeking their response by Thursday, Aug 22, on a habeas corpus writ petition filed on behalf of Shah Faesal, an IAS topper from J&K who resigned earlier this year to take up politics, alleging that he was detained illegally at the New Delhi airport and taken to Srinagar against his wishes.

The plea was filed by Md Hussain Pader, the Pairokar or next friend on behalf of Shah Faesal who is allegedly under illegal detention in Kashmir. The court will hear the case on Friday, August 23.

The matter was heard by a Division Bench of Justices Manmohan and Sangita Dhingra Sehgal after it was mentioned for urgent hearing before Chief Justice DN Patel. The bench directed the Central government’s Bureau of Immigration, the State of Jammu and Kashmir and the J&K Police to file their replies to his habeas corpus plea, which also urges that his wife be allowed to meet him.

The Court has orally permitted the wife to meet Faesal for an hour.

Solicitor General Tushar Mehta, appearing for the government, opposed Faesal’s contention and said that he will file a detailed response.

Shah Faesal, an IAS 2009 topper who quit the services to start his political party – Jammu and Kashmir People’s Movement (JKPM) party – had gone to Mumbai via Delhi on Aug 9 for an interview with the BBC on the Kashmir issue and returned to Delhi on Aug 10.

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In the intervening night of Aug 14-15, the plea says that Faesal was illegally picked up from the New Delhi airport when he was on his way to take an international flight to USA, via Istanbul and Frankfurt, to complete his academic fellowship at Harvard University, US.

Faesal was reportedly detained under the Public Safety Act. He was whisked away to J&K against his wishes and reportedly accommodated in a makeshift detention centre at the Centaur Hotel in Srinagar.

The petition alleges high-handedness of concerned authorities in not disclosing the charges based on which the detention order may have been issued. JKPM office bearer Pader who filed the petition said he has derived all information through wife of Shah Faesal who was allowed to meet him once on Aug 17 at Centaur hotel in Srinagar.

While seeking the court’s directions to the authorities to “immediately set him at liberty”, Faesal submitted that his life is at “risk”, and the “illegal detention amounts abduction”.

The petition said Faesal’s illegal detention followed the abrogation of special status of Jammu and Kashmir under Article 370 by a Presidential order on August 5.

The petition states that not informing grounds of arrest to a detenue is violative of all safeguards mentioned in the CrPC. Shah Faesal was even not been produced before a Magistrate at New Delhi to seek transit demand from Delhi to Kashmir. The materials like twitter and facebook posts and the BBC interview are all speaking of the best intentions of Faesal where he asked people of Kashmir to maintain calm and use the judicial route to challenge the abrogation.

“At the immigration counter he (Faesal) was suddenly taken in for questioning and after that he was illegally detained. He was not allowed to board his international flight and the detaining authorities cancelled his boarding passes,” the petition said.

“The next day, it was learnt through the media that he had not been allowed to travel to Harvard University to complete his fellowship/academic commitments. Instead he has been whisked away to Srinagar,” the plea stated.

It claimed that Faesal has never committed any crime nor been named in any FIR. He is not part of any ongoing legal proceedings in any court of law and that there are no pending proceedings or cases against him.

Already six days in illegal detention, Faesal has not been made known of the grounds of arrest or detention, the plea added.

“All the safeguards mentioned in the CrPC (Code of Criminal Procedure) before any arrest or detention have been violated. In particular, the petitioner (Faesal) was not produced before the local magistrate in New Delhi to seek the transit remand,” the plea contended.

“The petitioner has a wife, Iram Rashid, who is a KAS officer and they have a young child Jami, aged around four years. When his wife met him briefly on August 17 at the detention centre, Srinagar, he was looking very frail and was very apprehensive and fearful for his life, physical safety and liberty,” it said.

Faesal has been posting tweets and Facebook content critical of abrogation of Article 370 that gave special status to J&K, and split the state into two Union Territories.

On August 12, he had triggered controversy with his tweet that there would be “no Eid till the last bit of insult is avenged and undone” over what he termed as the “illegal annexation” of Kashmir.

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Just before that he had tweeted: “There is no Eid. Kashmiris across the world are mourning the illegal annexation of their land. There shall be no Eid till everything that has been stolen and snatched since 1947 is returned back.”

His comments have invited strong criticism on social media.

Apart from Faesal, several other political leaders from Jammu & Kashmir, including former Jammu and Kashmir Chief Ministers Mehbooba Mufti and Omar Abdullah are currently under detention and house arrest since August 4.

In his interview to the BBC, Shah Faesal had remarked that Central Government’s move to take away Jammu & Kashmir’s special status was a “betrayal”.

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Shehzad Poonawalla steps down from BJP, says personal and financial pressures led to decision 

Shehzad Poonawalla has resigned from the BJP, citing pressing financial and personal circumstances, and said he will move to the private sector.

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Shehzad Punawalla

Shehzad Poonawalla on Monday resigned from the BJP, citing what he described as pressing financial and personal circumstances.

The BJP’s national spokesperson said he had first submitted his resignation on July 30. However, the party did not accept it at the time and asked him to reconsider his decision.

Poonawalla has now reiterated his decision to step down as the BJP’s national spokesperson and relinquish his primary membership of the party.

In his resignation letter to BJP president Nitin Nabin, Poonawalla said that after “long and hard contemplation”, he had decided to seek relief from his organisational responsibilities and active primary membership.

He also referred to developments involving certain individuals in recent days, saying they had reinforced his earlier decision. He did not name anyone in his letter.

Shehzad Poonawalla thanks BJP leadership

Poonawalla said he was touched that the BJP had initially declined to accept his resignation and expressed gratitude towards the party leadership.

He thanked Prime Minister Narendra Modi, BJP president Nitin Nabin, Home Minister Amit Shah, Defence Minister Rajnath Singh and BJP General Secretary (Organisation) BL Santosh for the platform and opportunities he received during his five years with the party.

Poonawalla said his decision to leave was not driven by any sense of hurt and described his sentiments towards the party leadership with “gratefulness, love, affection, and highest regard”.

He said that his decision was linked to pressing financial and personal circumstances and that he would move into the private sector.

At the same time, Poonawalla said he would continue to support Prime Minister Modi’s vision and work, as well as that of the BJP, wherever possible.

“I am only leaving the Vyavastha not the Vyakti or Vichar,” he said.

Shehzad Poonawalla’s political journey

A lawyer, Poonawalla began his political career with the Congress before later joining the BJP.

He came into prominence in 2017 after publicly questioning the Congress’s internal election process. He alleged that the process was rigged in favour of Rahul Gandhi for the post of party president.

Poonawalla subsequently left the Congress and joined the BJP, where he became one of the party’s prominent representatives in television debates.

On July 30, he had also changed his bio on X, removing the reference to himself as “BJP National Spokesperson” while retaining his description as a lifelong follower of Prime Minister Narendra Modi.

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Kharge, Rahul Gandhi skip Independence Day event for 2nd straight year

Congress chief Mallikarjun Kharge and Rahul Gandhi skipped the 80th Independence Day celebrations at the Red Fort for the second consecutive year.

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Rahul Kharge

Congress president Mallikarjun Kharge and Leader of Opposition in the Lok Sabha Rahul Gandhi skipped the 80th Independence Day celebrations at Delhi’s Red Fort for the second consecutive year.

Prime Minister Narendra Modi led the Independence Day celebrations at the historic venue on Saturday.

The absence of the two senior Congress leaders comes amid strained relations between the ruling party and the Opposition, which further deteriorated during the Monsoon Session of Parliament that concluded on Thursday.

2024 seating controversy

Rahul Gandhi had attended the Independence Day celebrations in 2024 but his seating arrangement triggered a controversy. The Congress leader, who holds the status of a Cabinet minister as Leader of the Opposition in the Lok Sabha, was seated in the second-last row during the ceremony at the Red Fort.

The Opposition had criticised the seating arrangement, calling it an insult to the people. The Defence Ministry, which organised the event, said the arrangement had been modified to accommodate Olympians at the venue.

According to protocol, the Leader of the Opposition is seated in the front row during ceremonial events.

Opposition-ruling party tensions

Relations between the government and the Opposition remained tense during the Monsoon Session, which ended on Thursday.

The session saw repeated clashes between the two sides, with both the Opposition and the ruling party blaming each other for the low productivity of Parliament.

The session began on July 20, with students marching towards Parliament on the first day. Twelve bills were passed during the session, while detailed discussion took place on only one legislation, concerning paper leaks.

The Congress, along with the Trinamool Congress and Samajwadi Party, also boycotted the customary tea party hosted by Lok Sabha Speaker Om Birla after the House was adjourned sine die.

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Assam BJP leader Bikash Dhar found dead, 5 arrested for murder

BJP leader Bikash Dhar, 52, was found dead in an abandoned house in Assam’s Sribhumi district after being reported missing on August 12. Police have arrested five people in connection with the alleged murder.

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A 52-year-old BJP leader who had been missing for two days was found dead in Assam’s Sribhumi district on Friday, with police alleging that he was murdered.

Bikash Dhar, a resident of Chagalmowa village under Bazaricherra police station, was found dead inside an abandoned house in the Yogicherra area near the Tripura border on Friday morning.

Dhar’s family had filed a missing complaint on August 12 after he left home following a phone call.

According to his son Madan Dhar, Bikash left around 1 pm after saying that he had to attend an emergency meeting. When he did not return and his phone was switched off, the family began searching for him and later approached the police.

Five arrested in murder case

Sribhumi Superintendent of Police Leena Doley said an investigation was launched after the missing complaint was received. The probe was conducted under the supervision of the Additional Superintendent of Police (Crime).

Police said five people have been arrested in connection with the alleged murder. They were identified as Abdul Salam, Sifat Ali, Abdul Ahad, Saiful Ali and Badrul Haque.

According to the police, interrogation of Abdul Salam revealed that the accused had an enmity with Dhar. Police alleged that the group killed him and dumped his body near a water body.

Another person, identified as Sunam Miya, was named during the investigation and reportedly fled to Tripura on the night of the incident.

Police find injury and cut marks on body

Police said injury and cut marks were found on Dhar’s body, and a murder case has been registered.

During the recovery of the alleged weapon, police said accused Badrul Haque attempted to escape from custody. A police constable was injured during the incident.

Police said they fired at Haque’s leg to prevent him from escaping, resulting in a bullet wound.

The investigation into the circumstances surrounding Dhar’s death and the alleged involvement of the accused is underway.

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