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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.

2024 Lok Sabha Elections

Lok Sabha Elections: Voter turnout 62.02% in Tamil Nadu till 5pm

The voter turnout in Tamil Nadu stands at 62.02%, while Uttar Pradesh records a turnout of 57.5%. Meanwhile, in West Bengal, voter participation surges to 77.5% as of 5 pm.

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The Lok Sabha elections 2024 began today, marking the onset of the world’s largest electoral event. Voting ended in all 39 Lok Sabha constituencies in Tamil Nadu with a total voter turnout of 62.02%. State BJP chief and Coimbatore Lok Sabha constituency candidate K Annamalai said, they were getting complaints from a large number of voters that their names were missing from the voters’ list.

This incident happened in many places. Annamalai said they are demanding re-poll in places where the names of a large number of voters were missing.He said they had a doubt that there was some political interference because the names of a large number of BJP caders were missing from the voters list.

 The voters in South Chennai showed lukewarm interest to participate in the election process and had a total voter turnout of 57.04% till 5pm. Although the overall percentage is poor, some areas like Thiruvanmiyur witnessed brisk polling from 7am onwards. Elderly, middle aged and young voters turned up and it was a family outing for many as they cast their vote.

Corporation volunteers assisted senior citizens with wheelchairs and guided them to their respective polling booths. The hot weather also had an impact on the polling as it reduced the voter turnout as many booths in the corporation school in MGR Nagar were seen deserted around noon. Senior citizens showed courage as they reached the polling booths in private vehicles to exercise their franchise.

Most of the polling booths had shamianas for voters so that they could wait in a queue. Some people even found refuge in the nearby buildings to save themselves from the scorching heat. The polling officials gave instructions to the voters to keep their phones switched off while they exercised their franchise. The security personnel at the polling booth also regulated traffic outside the polling booth in MGR Nagar.

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2024 Lok Sabha Elections

Deserted by key supporters, the Kamal Nath story looks set to wind to an end in Chhindwara

Nath’s closest allies in his near 50-year reign—Deepak Saxena and Kamlesh Shah—have deserted him. His local team of corporators has also decided to jump ship leaving a gaping hole in Nath’s campaign trail.

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By Neeraj Mishra

The Congress has lost Chhindwara only once since Independence when the wily Sunderlal Patwa was sent there by Atal Bihari Vajpayee to test Kamal Nath’s hold on the constituency. Patwa won the 1997 by-election by a slim margin in the backdrop of Nath having forced his wife to first contest and later vacate the seat for him. Nath, however, returned to his winning ways the very next year and has won the seat nine times.

It seems possible that Chhindwara, the lone surviving Congress seat, will be lost again this time and may be forever. A day ahead of polling, the town was drowned in saffron. Not so much the effect of vigorous campaigning by Vivek Sahu of the BJP but the Ram Navami festival which brought out saffron flags on every rooftop.  The effect is likely to last since the polling is today. At 77, Nath is unlikely to contest another election here and his son Nakul seems like a pale shadow of his father unable to even make a forceful speech. The days of running Chhindwara from Shikarpur kothi are gone.

Nath’s closest allies in his near 50-year reign—Deepak Saxena and Kamlesh Shah—have deserted him. His local team of corporators has also decided to jump ship leaving a gaping hole in Nath’s campaign trail. Nakul had won by a margin of 37,000 votes in 2019 and the biggest lead had come from Kamlesh’s Amarwada Assembly segment. With Saxena in control of Chhindwara and forced to show his strength in his new party, it is highly likely that Nakul will not be depending on these segments. Instead, the Congress campaign was focused on Pandhurna, Parasia and Chaurai.

Amit Shah was in the region a couple of days ago and warned all BJP workers—old and new—against lethargy. His message was clear, the BJP wants all 29 seats this time. Cabinet Minister Kailash Vijayvargiya is camped here and using all his political acumen for the desired results. One such tactic was to raid the Shikarpur Kothi of Kamal Nath for his assistant Miglani who handles almost everything for him. With Miglani temporarily neutralised, BJP is best placed to repeat its win in Chhindwara in 1997.

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2024 Lok Sabha Elections

Lok Sabha Elections 2024:  Nearly 40% voter turnout till 1pm

Chennai recorded an average voter turnout of 34% as of 1 pm on Friday. According data released by the Election Commission of India, Chennai (North) recorded 35%, Chennai (Central) recorded 32.3% and Chennai (South) recorded 34%.

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The first phase of voting for the 18th Lok Sabha elections started taking place in 21 states and Union territories on Friday. Nearly 40% voter turnout was recorded till 1pm across the states. Seats in Assam, Arunachal Pradesh, Chhattisgarh, Bihar, Maharashtra, Madhya Pradesh, Manipur, Mizoram, Meghalaya, Rajasthan, Nagaland, Tamil Nadu, Sikkim, Uttar Pradesh, Tripura, West Bengal, Uttarakhand, Jammu and Kashmir, Andaman and Nicobar Islands, Lakshadweep and Puducherry go to elections on Friday.

There has been a substantial increase in the voter turnout charts across the Northeast states, with Tripura leading at 53.04% until 1 pm, as per the data released by the Election Commission of India. Other northeast states like Manipur (46.92%) and Meghalaya (48.91%) are also witnessing high voter turnout. After Tripura, West Bengal is experiencing a high voter turnout of 50.96%.

Chennai recorded an average voter turnout of 34% as of 1 pm on Friday. According data released by the Election Commission of India, Chennai (North) recorded 35%, Chennai (Central) recorded 32.3% and Chennai (South) recorded 34%.

Over 33% voter turnout was recorded in the first 6 hours of voting on Friday in 12 parliamentary constituencies of Rajasthan. According to the Election Commission, voting started at 7 am amid tight security arrangements and 33.73 % voting took place till 1 pm. The highest voter turnout of 40.72 % was recorded in the Ganganagar Lok Sabha seat while Karauli-Dholpur saw the lowest turnout of 28.32 %. Jaipur recorded a poll percentage of 39.35 %.

Over 37 % voter turnout was recorded till 1 pm in the Lok Sabha election being held for five parliamentary constituencies in Uttarakhand on Friday. Elections began at 7 am and the five constituencies recorded an overall poll percentage of 37.33 % up to 1 pm. The Nainital-Udham Singh Nagar seat recorded the highest turnout of 40.46 %, followed by Haridwar with 39.41%, Pauri Garhwal with 36.60 %, Tehri Garhwal with 35.29 % and Almora with 32.29 %.

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