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Bombay HC Quashes Media Gag Order In Sohrabuddin Sheikh Encounter Case

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Above: (Left) Kausarbi and Sohrabuddin Sheikh

The Bombay High Court, on Wednesday (January 24), quashed an order by a special CBI court that banned the media from reporting on the proceedings in the Sohrabuddin Sheikh ‘fake encounter’ case.

Justice Revati Mohite-Dere said the ban on publishing any part of the proceeding was contrary to law and that “certainly public had a right to know what is happening in this case.”

The gag order had been issued by the special CBI court of Additional Sessions Judge SJ Sharma had, on November 29, 2017, issued the gag order against a handwritten request submitted by advocate Wahab Khan, counsel for Rajasthan policeman Abdul Rehman Khan, who had urged the court to ban media reporting on proceedings in the trial. Khan and lawyers of other accused in the case had argued that publishing such details would affect the security of the prosecution lawyers, the accused and the defence team.

The defence lawyers had pointed out that media reports raising doubts about the death of Judge Brijgopal Harkishan Loya, who had presided over the Sohrabuddin Sheikh case when BJP president Amit Shah an accused in it, had led to apprehension about the possibility of any “untoward incident”.

Nine journalists had moved the Bombay High Court seeking quashing of the gag order. The journalists had, through their lawyers Aabad Ponda and Abhinav Chandrachud, submitted before the Bombay High Court that the special CBI court had overreached its jurisdiction while imposing the gag order, a power that lies only with courts of record i.e. the high courts or the Supreme Court.

“The trial court’s order usurps jurisdiction of the superior courts. It has not prohibited access, it is an open trial which can be attended by anyone including the mediapersons but prohibits publication. The order is in nature of an injunction which it does not have the power to give. It cannot restrict the media from reporting the trial (sic),” the petitioners had said.

On Tuesday, while hearing the writ petition filed by the journalists, the Bombay High Court had asked: “Under which provision does the judge have the power to direct the media not to publish? Can the court, in the absence of power, pass such an order?”

On Wednesday, when the petition came up for hearing again, the Justice Revati Mohite-Dere said in a strongly worded order: “Sensationalism cannot be the cause to prevent media from publishing… Similarly, a mere allegation of a surcharged atmosphere cannot suffice. Nothing has been brought on record to substantiate the defendants’ contention that they are in fear of their life.”

The high court also held that the media serves a larger public purpose by disseminating information that will otherwise not be easily available to the people and added that the “Press is the most powerful watchdog of the society… a fair trial is one which balances the public interest of society. It is always open for prosecution if necessary to request the court to conceal the identity of the witness if the need so arises.”

2024 Lok Sabha Elections

Mallikarjun Kharge vows to continue politics till his last breath to defeat BJP

The 81-year-old Congress leader was speaking at a election rally in Afzalpur and said that if the people did not vote for the Congress candidate, he would think that he did not have any place in Kalaburagi anymore.

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Congress President M Mallikarjun Kharge on Wednesday appealed to the people of Kalaburagi to at least attend his funeral if they thought he worked for them even though they do not wish to vote for Congress in the ongoing Lok Sabha elections.

The 81-year-old Congress leader was speaking at a election rally in Afzalpur and said that if the people did not vote for the Congress candidate, he would think that he did not have any place in Kalaburagi anymore. The Congress President sought an emotional chord with the people of his home district of Kalaburagi, Karnataka

The grand old party has fielded Kharge’s son-in-law Radhakrishna Doddamani from Kalaburagi, against BJP’s sitting MP Umesh Jadhav. Kharge had won the Lok Sabha elections from Kalaburagi in 2009 and 2014, but lost in 2019. He appealed to the voters to vote for Congress but at least come to his funeral if they thought that he had done some work in Kalaburagi. Kharge added that he would continue in politics till his last breath to defeat the BJP and RSS ideology.

The Congress leader said he is born for politics and whether or not he contests the election, he will continue to strive till his last breath to save the Constitution and democracy of the country. He asserted that he will not retire from politics. Kharge said that retirement happens from a position but one should not retire from his/her principles. He said he is born to defeat the ideology of the BJP and RSS and not to surrender before them.

He advised Karnataka Chief Minister Siddaramaiah, who shared the stage with him, to follow his principles. He said he had told Siddaramaiah many times that he may retire as CM or MLA, but he cannot retire from politics till he defeats the ideology of the BJP and RSS.

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2024 Lok Sabha Elections

Nitin Gadkari says he’s better now after collapsing at election rally in Maharashtra’s Yavatmal

A disturbing video of the incident – which was unfortunately streamed live on X (formerly Twitter), including by his own account – showed Nitin Gadkari being carried away by those on stage, many of whom rushed to form a shield around the BJP leader to give him, and those treating him, some privacy.

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Union Road Transport and Highways Minister Nitin Gadkari collapsed while speaking at an election rally in Maharashtra’s Yavatmal on Wednesday afternoon. Fortunately, the senior Bharatiya Janata Party leader received prompt treatment and was able, after a brief pause, to get back up on stage and continue his speech.

A disturbing video of the incident – which was unfortunately streamed live on X (formerly Twitter), including by his own account – showed Nitin Gadkari being carried away by those on stage, many of whom rushed to form a shield around the BJP leader to give him, and those treating him, some privacy.

Nitin Gadkari took to X and informed that he felt uncomfortable due to the heat during the rally in Pusad, Maharashtra. But now he is completely healthy and is leaving for Varud to attend the next meeting. He thanked his supporters and well wishers for their love and good wishes.

Gadkari, who fought the elections in the first phase of voting as BJP’s candidate from Nagpur Lok Sabha seat, was campaigning for Eknath Shinde-led Shiv Sena leader Rajashree Patil in Yavatmal’s Pusad. Addressing the rally, the union minister said, he was confident that the people of Yavatmal district, which has a constant tendency towards development, will give victory to the BJP-Maha alliance, which believes in all-round development.

Gadkari posted on X that as the nation moves towards a developed India, under the leadership of Prime Minister Narendra Modi, significant work has been done in the last 10 years in the areas of roads and highways as well as health, education and other sectors across the country. He said many schemes of the central government were successfully extended to the rural areas. Due to this, along with the city, the people of the rural areas are also able to benefit from many important facilities.

The Yavatmal constituency along with Akola, Buldhana, Amravati, Hingoli, Wardha, Parbhani and Nanded in Maharashtra are scheduled to vote in the second phase of the Lok Sabha election on April 26.

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2024 Lok Sabha Elections

PM Narendra Modi slams Congress over Sam Pitroda’s inheritance tax remarks, accuses Congress of intending to impose higher taxes

PM Modi was speaking at a public meeting in Chhattisgarh’s Surguja, where he alleged that the Congress wants to fill its own coffers by imposing ever higher taxes and not allowing people to pass on their hard-earned wealth to their children.

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Prime Minister Narendra Modi on Wednesday launched a scathing attack on Congress after Sam Pitroda advocated for a US-style inheritance tax amid the ongoing debate over wealth redistribution. The comments have further fuelled an already-raging controversy over Rahul Gandhi’s promise to conduct a wealth survey if the Congress won the Lok Sabha election.

PM Modi was speaking at a public meeting in Chhattisgarh’s Surguja, where he alleged that the Congress wants to fill its own coffers by imposing ever higher taxes and not allowing people to pass on their hard-earned wealth to their children.

The Prime minister said the advisor (Sam Pitroda) of the prince and the royal family had said some time ago that more taxes should be imposed on the middle class.  He said the Congress party says that it will impose an inheritance tax, and it will also impose tax on the inheritance received from parents. PM Modi added the children will not get the wealth that their parents accumulate through their hard work, rather the Congress party will snatch it away from them.

PM Modi said Pitroda’s remarks have exposed the dangerous intentions of the Congress.  He took a veiled jibe at the Congress and said the party has only one mantra – to loot people zindagi ke sath bhi, zindagi ke baad bhi (in life and even after death).

 The prime minister did not take any names and targeted the Gandhi family and said, those people who considered the entire Congress party as their ancestral property and handed it over to their children, now do not want Indians to pass on their property to their younger generations.

Indian Overseas Congress chairman Sam Pitroda while talking to the media backed his party’s stand on redistribution of wealth and called for a policy for the same while citing the concept of inheritance tax prevailing in some American states.

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