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Religious identity cannot be ground for assault, murder: Supreme Court

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Supreme Court

It took the Supreme Court of India to lay down what should be a commonly known and established natural principle – that one cannot beat up or kill anyone simply because that person follows a different religion.

Striking down bail granted by the Bombay High Court to three men accused of murdering a Muslim youth, the Supreme Court has said that “the fact that the deceased belonged to a certain community cannot be a justification for any assault, much less a murder.”

The observation by a bench of Justices SA Bobde and L Nageswara Rao came in response to a Bombay High Court order which had stated that “the only fault of the deceased was that he belonged to another religion” but apparently justified the decision of granting bail to the accused by holding that “the fact that the deceased belonged to another religion is in favour of the accused.”

Taking exception to the Bombay High Court’s order, the Supreme Court bench of Justices Bobde and Rao said that the bail ruling can “on a fair reading, be understood or misunderstood almost as a mitigating circumstance or a kind of a justification for the murder and it is obvious that the fact that the deceased belonged to a certain community cannot be a justification for any assault much less a murder.”

The top court observed that every court has to be mindful of the pluralistic character of the Indian society.

“While it may be possible to understand a reference to the community of the parties involved in an assault, it is difficult to understand why it was said that ‘the fault of the deceased was only that he belonged to another religion’ and further ‘I (the Bombay High Court Judge who granted bail to the three accused) consider this factor in favour of the applicants/accused,” the bench said while quashing the bail order.

“We have no doubt that a Court fully conscious of the plural composition of the Country while called upon to deal with rights of various communities, cannot make such observations which may appear to be coloured with a bias for or against a community,” the bench added in its order passed on February 8.

The murder case dates back to June 2014 when a meeting of the right wing outfit Hindu Rashtra Sena (HRS) was conducted at Hadapsar in Maharashtra’s Pune district on account of the alleged defiling of a statue of Shivaji Maharaj. About 30 minutes after this meeting, Ranjeet Shankar Yadav, Ajay Dilip Lalge and Vijay Rajendran Gambhire — all members of the Hindu Rashtra Sena – saw Shaikh Mohsin proceeding for dinner with his friend Riyaz. Mohsin was reportedly wearing a pastel green colour shirt and sported a beard – apparent indications to Yadav, Lalge and Gambhire that Mohsin was a Muslim.

According to the prosecution, Yadav, Lalge and Gambhire approached Mohsin and began assaulting him with hockey sticks, bats and stones. Mohsin later succumbed to his injuries.

During trial in the murder case, the Sessions Court in Pune had rejected the bail applications moved by Yadav, Lalge and Gambhire and observed that 23 persons in all (including two juveniles in conflict with law) appeared to have assaulted Mohsin. “Mohsin was assaulted because he looked like a Muslim and that the deceased prima facie had no concern with disgracing (sic) Shivaji Maharaj,” the Sessions Court in Pune had said while concluding that Yadav, Lalge and Gambhire were present in the HRS meeting “in which a conspiracy to kill the members of a certain community was hatched.”

The three accused had then moved the Bombay High Court seeking bail. The Supreme Court said that the Bombay High Court’s single judge bench (of Justice Mridula Bhatkar) had “in a cryptic order directed the release of the accused mainly for the following reason: ‘The meeting was held half an (sic)prior to the incident of assault. The applicants/accused otherwise had no other motive such as any personal enmity against the innocent deceased Mohsin. The fault of the deceased was only that he belonged to another religion. I consider this factor in favour of the applicants/accused. Moreover, the applicants/accused do not have criminal record and it appears that in the name of the religion, they were provoked and have committed the murder.”

Quashing the Bombay High Court’s order, the apex court ruled that the accused – Lalge and Gambhire – “shall be taken into custody, if they do not surrender within a period of one week from today (February 8).” Yadav, the third accused, has already been taken into custody.

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PM Modi assures no discrimination in women’s quota, delimitation debate intensifies in Parliament

PM Narendra Modi has assured that women’s reservation will be implemented without discrimination, amid a heated debate over delimitation in Parliament.

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Prime Minister Narendra Modi has assured that there will be no discrimination in the implementation of women’s reservation, as Parliament witnessed a sharp debate over the proposed linkage between the quota and delimitation exercise.

During the ongoing special session, the government reiterated its commitment to ensuring fair representation while addressing concerns raised by opposition parties regarding the timing and structure of the legislation.

The proposed framework aims to reserve 33 percent of seats for women in the Lok Sabha and state assemblies. However, its implementation is tied to a fresh delimitation exercise, which is expected after the next census.

Opposition questions timing and intent

Opposition leaders have raised concerns that linking the women’s quota to delimitation could delay its implementation. They argue that the process of redrawing constituencies may push the actual rollout further into the future.

The issue has triggered a broader political confrontation, with multiple parties questioning whether the move could alter representation across states.

Some critics have also alleged that the delimitation exercise could disproportionately benefit certain regions based on population, a charge the government has rejected.

Government reiterates commitment to fair implementation

Responding to these concerns, the Centre has maintained that the reforms are necessary to ensure accurate and updated representation based on population data.

Leaders from the ruling side have repeatedly emphasized that the process will be carried out transparently and without bias. The assurance that there will be “no discrimination” is aimed at addressing fears among states and opposition parties.

The debate marks a key moment in Parliament, with both sides engaging in intense exchanges over one of the most significant electoral reforms in recent years.

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Give all tickets to Muslim women, Amit Shah says, attacking Akhilesh Yadav on sub-quota demand

A sharp exchange between Amit Shah and Akhilesh Yadav in Parliament over sub-quota for Muslim women highlights key divisions on women’s reservation implementation.

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A heated exchange broke out in Parliament during discussions on the women’s reservation framework, with Union Home Minister Amit Shah and Samajwadi Party chief Akhilesh Yadav locking horns over the demand for a sub-quota for Muslim women.

The debate unfolded as the government pushed forward key legislative measures to implement 33% reservation for women in the Lok Sabha and state assemblies.

Akhilesh Yadav argued that the proposed reservation must ensure representation for women from marginalised communities, including Other Backward Classes (OBCs) and Muslim women. He said that without such provisions, large sections could remain excluded from political participation.

He also questioned the timing of the bill, alleging that the Centre was avoiding a caste census. According to him, a census would lead to renewed demands for caste-based reservations, which the government is reluctant to address.

Government rejects religion-based quota

Responding to the demand, Amit Shah made it clear that reservation based on religion is not permitted under the Constitution.

He stated that any proposal to provide quota to Muslims on religious grounds would be unconstitutional, firmly rejecting the idea of a separate sub-quota for Muslim women within the broader reservation framework.

The government has maintained that the existing framework already includes provisions for Scheduled Castes (SC) and Scheduled Tribes (ST) women within the overall reservation structure.

Wider political divide over implementation

The issue of sub-categorisation within the women’s quota has emerged as a major flashpoint, even as most opposition parties broadly support the idea of women’s reservation.

Samajwadi Party leaders reiterated that their support for the bill depends on inclusion of OBC and minority women, while the government continues to defend its constitutional position.

The debate is part of a broader discussion during the special Parliament session, where multiple bills linked to delimitation and implementation of the women’s quota are being taken up.

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No state will lose a seat, Centre assures as delimitation debate takes centre stage in Parliament

Parliament’s special session begins with key focus on implementing women’s reservation and delimitation, setting the stage for major electoral changes.

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Parliament

A special session of Parliament commenced on Thursday, with the Centre set to take up crucial legislation related to women’s reservation and delimitation of constituencies. The session, scheduled over three days, is expected to witness intense debate as the government pushes forward its legislative agenda.

At the centre of discussions is the proposal to operationalise the women’s reservation law, which seeks to allocate 33 percent of seats in the Lok Sabha and state assemblies to women. The law, passed earlier, requires enabling provisions before it can be implemented.

The rollout of the reservation is closely tied to the delimitation exercise — a process that redraws parliamentary constituencies based on updated population data. The implementation is expected only after the next census and delimitation process are completed.

The government is aiming to put in place the framework so that the reservation can be enforced in future elections, likely around 2029.

Delimitation and numbers at play

Delimitation is a key aspect of the proposed changes, as it will determine how seats are redistributed and which constituencies are reserved. The exercise is expected to reflect population shifts and may also involve an increase in the total number of Lok Sabha seats.

This linkage has made the issue politically sensitive, with several opposition parties backing women’s reservation in principle but raising concerns over how and when delimitation will be carried out.

Political reactions and expected debate

The session is likely to see sharp exchanges between the government and opposition. While there is broad agreement on increasing women’s representation, disagreements remain over the timing, process, and potential political implications of the delimitation exercise.

Some leaders have argued that delimitation could significantly alter the balance of representation among states, making it a contentious issue beyond the women’s quota itself.

The government, however, has framed the move as a step toward strengthening women’s participation in governance and ensuring more inclusive policymaking.

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