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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.

Also Read: Veteran music composer Khayyam passes away at 92 – Bollywood fraternity condoles

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.

Also Read: Yamuna above danger mark, over 10,000 evacuated in Delhi

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”.

2024 Lok Sabha Elections

PM Modi raises national security pitch to attack Congress, says Pakistan now weeping and screaming for help under BJP rule

Prime Minister Narendra Modi addressed a massive gathering in Palamu, Jharkhand, where he highlighted the achievements of his government and warned against the dangers posed by the Congress and its allies

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Prime Minister Narendra Modi on Saturday made a scathing attack on the Congress over national security and said the grand old party is a coward as its government used to weep on global platforms after terrorist attacks. The prime minister was addressing a rally in Jharkhand’s Palamu where he said the situation has changed under the BJP rule and Pakistan is now weeping and screaming for help.

Prime Minister Narendra Modi addressed a massive gathering in Palamu, Jharkhand, where he highlighted the achievements of his government and warned against the dangers posed by the Congress and its allies. Speaking to the enthusiastic crowd, PM Modi emphasized the significance of each vote and the transformative impact it can have on the nation.

He took a veiled dig at Rahul Gandhi and said Pakistani leaders, shaken by surgical strikes, are praying for shahzada to become the next Prime Minister. But a strong India wants a strong government. Prime Minister Narendra Modi’s attack on Rahul Gandhi comes days after a former minister in Imran Khan’s Cabinet in Pakistan, Chaudhry Fawad Hussain, shared a video which featured the Congress leader on his social media handle and praised him for attacking the BJP.

PM Modi trained his guns on the ruling alliance in Jharkhand and said corrupt JMM and Congress leaders have amassed huge wealth for their children. He further added that he did not own a home or even a bicycle. There is no blot of corruption on him in the past 25 years as chief minister and prime minister. Earlier while speaking in Sabarkantha, PM Modi said the BJP government has been consistently taking strong action against terrorism across the Pakistan border in comparison to weak governments in the past.

The Prime Minister said terrorists used to come to India and carry out attacks. The weak government during that time used to send dossiers. He further added that today’s new India does not send dossiers, it gives dose to terrorists.

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2024 Lok Sabha Elections

PM Modi takes a dig at Rahul Gandhi after Congress picks him for Raebareli, says daro mat, bhago mat

PM Modi, speaking at a Lok Sabha election rally in Bengal, said both Rahul Gandhi and Sonia Gandhi had fled their constituencies.

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Prime Minister Narendra Modi today commented for the first time to Congress leader Rahul Gandhi’s announcement of his candidacy for the Raebareli seat. Rahul is making his way towards Raebareli because he is afraid of Amethi seat, according to the PM.

The Prime Minister sneered as he said at a rally in Bengal that today he also want to tell him, Daro Mat (don’t be afraid), Bhaago Mat (don’t run).

Rahul Gandhi has often said, Daro Mat while accusing the BJP government of using investigaticve agencies to terrorise critics and political opponents.

According to Prime Minister Modi, there is no need for an exit poll or opinion survey because Congress would lose by a greater margin than the previous time.

Their tallest leader did not have the guts to fight the polls in Raebareli, Prime Minister Modi added, making reference to Sonia Gandhi. She went away and joined the Rajya Sabha in Rajasthan.

The PM reffered Rahul Gandhi as Shehzaada and said he would lose Wayanad, as he has predicted. He was searching for a second seat because of this. Also, their supporters said that he would battle from Amethi. However, PM Modi said, he is so afraid that he ran to Raebareli to find a way out.

Additionally, he claimed that the I.N.D.I.A bloc is only committed to the voting base of a specific locality.

Speaking out against the TMC and the Left-Congress allience in Bengal, Prime Minister Modi claimed he was not afraid since he had overcome poverty. Getting scared is not in his dictionary. He is determined to work for the country, he said.

Meanwhile, the Amethi-Raebareli decision was attacked by a number of BJP leaders, who claimed it was obvious that Rahul Gandhi knew he couldn’t win Amethi, where Smriti Irani is contesting again following her stunning success in the previous Lok Sabha election.

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2024 Lok Sabha Elections

Lok Sabha elections 2024: Rahul Gandhi to contest from Raebareli, KL Sharma from Amethi

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The Congress party unveiled its list of candidates on Friday, and the party has picked Rahul Gandhi from Raebareli and Kishori Lal Sharma from Amethi has been nominated. After a great deal of speculation regarding the two Uttar Pradesh seats, the announcement was made.

Raebareli and Amethi have both been strongholds for the Congress. Rahul Gandhi lost against BJP leader and Union Minister Smriti Irani in the 2019 Lok Sabha elections from Amethi.

Taking to social media X, Congress announced their decision to field Rahul Gandhi from Raebareli and KL Sharma from Amethi, which was made at a meeting of the Central Election Committee.

Today is the final day to submit nominations for the  fifth phase of the election, which is scheduled to held on May 20th. Both the candidates will file nominations today. 

Priyanka Gandhi praised KL Sharma shortly after the nominees for the two prestigious seats were revealed, stating that his loyalty and dedication will help him win the election.

She wrote X, her family has known Kishori Lal Sharma ji for a very long time. His dedication to serving the public good serves as an example. The Congress Party’s decision to nominate Shri Kishori Lal Ji as an Amethi candidate is a matter of joy. She also said Kishori Lal Sharma will undoubtedly win this election because of his devotion to duty and loyalty.

However, given Union minister Smriti Irani’s success in Amethi in 2019, there is worry that Rahul Gandhi’s change of seat could work in the BJP’s favour. With her impending victory, the senior BJP leader has said that the Congress’s delay was due to cold feet and is prepared to defend the seat.

KL Sharma will contest against Smriti Irani in Amethi in the Lok Sabha elections. While, Rahul Gandhi’s opponent would be Dinesh Pratap Singh, who was named by BJP for Raebareli on Thursday. Singh lost the 2019 Lok Sabha elections to former Congress president Sonia Gandhi.

Meanwhile, Rahul Gandhi  is scheduled to hold a roadshow in Raebareli after filing of nominations. Congress President Mallikarjun Kharge will also visit Raebareli today.

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