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Decks cleared for Dr Kafeel Khan release as Allahabad HC drops NSA charges

The Allahabad High Court on Tuesday dropped charges under the National Security Act (NSA) against Dr Kafeel Khan. Khan has been incarcerated in Mathura jail for the last six months.

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New Delhi: The Allahabad High Court on Tuesday dropped charges under the National Security Act (NSA) against Dr Kafeel Khan. Khan has been incarcerated in Mathura jail for the last six months. 

The Division Bench comprising Chief Justice Govind Mathur and Allahabad High Court held that prima facie the speech is not such that a reasonable man could have arrived at a conclusion as the inference drawn by the District Magistrate, Aligarh, who passed the detention order against Dr Khan in February this year.

The petitioner’s counsel submitted that Khan was earlier granted bail by a court and he was due to be released. However, charges under the NSA were imposed against him.  Hence, his detention was illegal. Under the NSA, a person can be detained without a charge for up to 12 months if authorities are satisfied that they are a threat to national security or law and order.

Khan’s counsel said he was arrested from Mumbai in January this year, for allegedly giving a provocative speech at the Aligarh Muslim University on December 13, 2019, amidst the protests against the Citizenship Amendment Act (CAA). Khan had been granted bail by the court of CJM, Aligarh on February 10. But he continues to be in jail under the NSA, which was slapped on him by the Aligarh DM on February 15.

The Court observed that State failed to discharge its burden to establish that Kafeel Khan’s December speech had “such a deleterious effect on the public order in district Aligarh as had continued to exist up to 13.02.2020 necessitating preventive detention of the detenue”.

The Court further observed that when the alleged provocative speech was delivered in December 2019, the District Administration, Aligarh did not find Khan’s speech sufficient for preventive detention. However, only when the CJM allowed his bail application on February 10, the Aligarh DM initiated the process for detaining Dr Khan under the NSA.

The Court held that no recommendation, even at the time of Dr Khan’s bail hearing, was made for invoking powers under sub-Section (2) of Section 3 of the National Security Act, 1980. Hence, the Court held that the “causal link” between the Act and the detention order is missing/ completely broken.

Moreover, state authorities have failed to discharge their “bounden burden” to establish that the lecture delivered by Dr Khan in December 2019 had such a deleterious effect on the public order in district Aligarh as had continued to exist up to 13.02.2020, necessitating preventive detention of the detenue on that later date.

The Court observed, “Preventive detention is an exceptional mode to curtail liberty and freedom of a person in exceptionally rare circumstances. Under Article 21 of the Constitution of India along with the right to life, the right to personal liberty is a precious fundamental right. This precious fundamental right must always be protected.”

The Bench clarified that the delay in passing of detention orders or in recording subjective satisfaction to preventively detain a person may not be a subject matter of a hard and fast rule. Nevertheless, it observed, the record must itself indicate that there existed a “continuing casual link” between the satisfaction claimed to have been recorded and the offending act.

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BJP releases first list of 47 candidates for Kerala assembly polls

The BJP has released its first list of 47 candidates for the Kerala Assembly elections scheduled for April 9, including three former Union ministers.

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BJP releases list of candidates

The Bharatiya Janata Party (BJP) on Monday released its first list of 47 candidates for the upcoming Kerala Assembly elections scheduled for April 9.

Voting will take place for all 140 seats in the state assembly, with counting of votes scheduled for May 4. A party or coalition needs at least 70 seats to secure a majority in the House.

Among the candidates announced in the first list are three former Union ministers — Rajeev Chandrasekhar, V. Muraleedharan and George Kurian.

Key candidates announced

Kerala BJP chief and former Union minister Rajeev Chandrasekhar has been fielded from the Nemom assembly constituency. In the 2024 Lok Sabha election, Chandrasekhar lost the Thiruvananthapuram seat to three-time MP Shashi Tharoor, but he led in the Nemom assembly segment during that contest. The party believes this performance strengthens its prospects in the constituency.

Nemom has held political significance for the BJP since 2016, when senior leader O. Rajagopal won the seat and became the party’s first-ever MLA in the 140-member Kerala Legislative Assembly. The victory marked the BJP’s initial breakthrough in the state assembly.

However, the seat returned to the Left camp in the 2021 Assembly election when V. Sivankutty defeated BJP leader Kummanam Rajasekharan.

Former Union minister V. Muraleedharan will contest from the Kazhakoottam constituency, while George Kurian has been nominated from Kanjirappally.

Other candidates in the list

According to the list released by the party, several other candidates have also been announced for key constituencies. P. C. George will contest from Poonjar, R. Sreelekha from Vattiyoorkavu and Padmaja Venugopal from Thrissur.

The BJP has also nominated Sobha Surendran from Palakkad, Navya Haridas from Kozhikode North and Kavitha K. S. from Sulthanbathery, a reserved constituency.

Raji Prasad will contest from the Kunnathur seat reserved for Scheduled Castes, while R. Rashmi has been fielded from Kottarakkara.

Political backdrop in Kerala

Kerala’s electoral politics has traditionally alternated between the Left Democratic Front (LDF) and the Congress-led United Democratic Front (UDF). However, the BJP has been attempting to expand its presence in the state.

The alternating trend was interrupted in the 2021 Assembly election when the electorate returned the Pinarayi Vijayan-led government to power for a second consecutive term.

The BJP believes recent electoral performances and local body successes have strengthened its position as it prepares to contest the upcoming assembly polls.

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Fire in ICU at SCB medical college hospital in Cuttack kills 10 patients

Ten patients died after a fire broke out in the trauma ICU at SCB medical college hospital in Cuttack early Monday morning. Odisha Chief Minister Mohan Charan Majhi announced compensation and ordered a judicial probe.

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A major fire at the trauma care intensive care unit (ICU) of SCB Medical College and Hospital in Cuttack, Odisha, early Monday morning left ten patients dead and several hospital staff members injured.

According to officials, the fire broke out between 2:30 am and 3:00 am in the trauma ICU where critically ill patients were undergoing treatment. Emergency teams rushed to the scene soon after the incident, and multiple fire engines were deployed to control the blaze and assist in rescue operations.

Odisha Chief Minister Mohan Charan Majhi said hospital staff were injured while evacuating patients from the affected ward during the emergency.

Patients shifted as rescue operations continued

Following the fire, 23 patients were moved to other departments and wards within the hospital to ensure their safety and continued medical care.

Speaking to reporters, the Chief Minister said seven critically ill patients died while being shifted to other ICUs and wards, while three more succumbed later.

“A total of 23 patients have been shifted to other departments. Seven serious patients died while shifting to other ICUs and wards, while another three patients died later. I have directed the concerned officers for proper treatment of the injured patients,” Majhi said.

Chief minister visits hospital, announces compensation

Soon after the incident, Majhi visited the hospital along with Odisha Health Minister Mukesh Mahaling to review the situation. They also met patients who were undergoing treatment at the facility.

The Chief Minister announced financial assistance of ₹25 lakh for the families of each deceased patient.

He also ordered a judicial probe into the incident to determine the cause of the fire and examine safety measures at the hospital.

Authorities continue to monitor the condition of injured staff members and patients who were shifted from the ICU.

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Arvind Kejriwal moves Supreme Court against Delhi High Court order in excise policy case

Arvind Kejriwal has approached the Supreme Court challenging a Delhi High Court order related to proceedings in the excise policy case and alleging violation of his fundamental rights.

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Arvind Kejriwal

Aam Aadmi Party chief and former Delhi Chief Minister Arvind Kejriwal has approached the Supreme Court of India challenging certain proceedings in the Delhi excise policy case and alleging a violation of his fundamental rights.

In a petition filed under Article 32 of the Constitution, Kejriwal has questioned a decision of the Delhi High Court that put a freeze on remarks related to the investigation conducted by the Central Bureau of Investigation.

The petition also challenges an order of the High Court Chief Justice rejecting Kejriwal’s request to transfer the case to another bench.

Plea seeks change of bench

Earlier, on March 11, Kejriwal and several others submitted a representation to Delhi High Court Chief Justice Devendra Kumar Upadhyaya seeking reassignment of the case to what they described as an “impartial” judge.

In the representation, Kejriwal stated that he had a “grave, bona fide and reasonable apprehension” that the matter may not receive an impartial hearing before the current bench.

However, the Chief Justice declined the request and said the petition had been assigned as per the existing roster.

According to the communication sent by the High Court’s Registrar General on March 13 to eight individuals including Kejriwal, the Chief Justice noted that any decision on recusal must be taken by the judge hearing the matter and that there was no reason to transfer the petition administratively.

Order on trial court proceedings also challenged

Kejriwal has also challenged a March 9 order passed by Justice Swarana Kanta Sharma of the Delhi High Court.

In that order, Justice Sharma had stayed a trial court direction that called for an investigation into a CBI officer who handled the excise policy case. The High Court had also asked the trial court to defer proceedings connected to the anti-money laundering aspect of the case.

Justice Sharma had further rejected certain observations made by the trial court while discharging Kejriwal and 22 others, stating that some of those remarks were erroneous.

Hearing expected on CBI plea

Meanwhile, Justice Sharma is scheduled to hear a petition filed by the CBI challenging the discharge of Kejriwal, former Delhi Deputy Chief Minister Manish Sisodia and others in the excise policy case.

The matter remains under judicial consideration as the legal challenge now moves to the Supreme Court.

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