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SC Defers Hearing On NIA Petition Against Gautam Navlakha

The Supreme Court on Friday asked the National Investigation Agency (NIA) to provide Gautam Navlakha’s Counsel with a copy of its petition, while adjourning the matter till July 6. The interim order of the Court ordering stay on the Delhi High Court’s order will continue till then.

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The Supreme Court on Friday asked the National Investigation Agency (NIA) to provide Gautam Navlakha’s Counsel with a copy of its petition, while adjourning the matter till July 6. The interim order of the Court ordering stay on the Delhi High Court’s order will continue till then.

A division Bench of Justices Arun Mishra and Abdul Nazeer issued the direction while hearing a petition filed by the NIA challenging an order of the Delhi High Court dated May 27, that had asked for a record of proceedings before Special NIA Courts in Delhi & Mumbai based on which Gautam Navlakha was transferred from Delhi to Mumbai

During the hearing today, Counsel appearing for petitioner Navlakha, Shadan Farasat insisted on getting a copy of NIA petition. ASG Aman Lekhi appearing for NIA submitted that the Supreme Court has no territorial jurisdiction to call for records.

Lekhi added that NIA did not act in haste while moving Navlakha to Mumbai. Navlakha had surrendered in Delhi on April 14 but could not be moved to Mumbai due to lockdown, and was moved only after necessary permission was obtained from the NIA court in Mumbai.

Solicitor General Tushar Mehta today stated that the Order passed by the Delhi High Court is patently without jurisdiction. The Court has asked NIA to give a copy of the petition to Gautam Navlakha’s lawyer and has listed the matter on July 6.

The Apex Court in its last hearing had issued notice in the petition filed by the NIA against the Delhi High Court order dated May 27 passed by Justice Anup J.  Bhambani that had directed the NIA to furnish the complete copy of the proceedings in the matter pertaining to Navlakha’s bail plea. Navlakha had approached the Delhi High Court seeking interim bail on account of the COVID-19 pandemic.

The High Court on May 22 had issued notice to the NIA and had directed it to file its status report. Navlakha was, however, taken to Mumbai after warrant from a Mumbai court was produced, even before the matter could be taken up for hearing again. An application was filed on May 25 seeking an order to be passed for his transfer, which was allowed and he was taken to Mumbai on May 26.

Thereafter on May 27, the Delhi High court noted that the NIA had acted in “unseemly haste” to transfer Navlakha from Delhi to Mumbai and directed NIA to file a proper report with all the details related to his transfer, including the proceedings before the Mumbai court and his medical records

According to NIA, the Delhi High Court lacked the territorial jurisdiction to pass the impugned directions, since the case is registered at Mumbai, making the Special Court at Mumbai the competent court to hear the matter.

They have challenged jurisdiction of the Delhi High Court order stating that Gautam Navlakha was charged by an authority outside the territorial jurisdiction of the Delhi High Court because the remand order of the accused was passed by a Special NIA Judge in Mumbai.

According to NIA, the plea for interim bail filed by Gautam Navlakha before the Delhi HC was not maintainable since the charges against him include scheduled offences under the Unlawful Activities (Prevention) Act (UAPA) and plea for bail can only be heard and decided by a Special NIA Court.

NIA, in its petition has also added according to Sections 13, 14, 16 and 21 of the NIA Act, it’s clear that an interim bail plea filed by persons accused under the Unlawful Activities (Prevention) Act, can be heard by Division Benches of High Courts, only in appeal against orders of Special NIA Judges. The plea before the Delhi High Court was therefore not maintainable. The NIA has also stated that they were right in transferring Navlakha from Delhi to Mumbai on the said date, considering the uncertainty of air travel after that on the account of pandemic, which is why they rightly moved an application before the competent jurisdictional Court i.e. Ld. NIA Special Court, Mumbai seeking transfer of Gautam Navlakha from Delhi to Mumbai in the aforesaid FIR.

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Four militants killed as rival Naga groups clash in Manipur village

Four militants were killed in a gunfight between suspected rival Naga groups at Taodaijang village in Manipur’s Noney district on Wednesday.

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Manipur violence

At least four militants were killed in a gunfight between suspected rival Naga militant groups in Manipur’s Noney district on Wednesday, November 4.

The exchange of fire took place at Taodaijang village in the Khoupum area of the Naga-majority district. According to officials, the cadres involved were suspected to belong to rival Naga militant outfits, including the Zeliangrong United Front-Jenchui (ZUF-J) and the Zeliangrong United Front-Kamson (ZUF-K).

Initial reports indicated that the gunfight continued for several hours, leaving three cadres of ZUF-J and one cadre of ZUF-K dead.

The bodies of the deceased militants were subsequently recovered by local residents.

Residents appeal to armed groups to stop firing

Following the gunfight, local residents, including women, reached the spot in an attempt to prevent further violence between the rival groups.

They also used a public address system to appeal to the armed cadres to stop firing and prevent the situation from escalating further.

Further details about the circumstances surrounding the clash were awaited.

Manipur government reviews security situation

In a separate development, Manipur Chief Minister Yumnam Khemchand Singh directed senior security officials to identify active armed groups suspected of involvement in recent incidents of violence in the state.

The directive excluded groups engaged in peace talks with the state government.

The Chief Minister issued the instructions during a review meeting on the state’s law and order situation on Tuesday night.

He also asked security agencies, including the Army and central paramilitary forces, to submit a detailed report on the involvement of the suspected groups.

The Chief Minister said the state Cabinet could consider declaring such groups unlawful if their involvement in violence against innocent civilians was established.

He also emphasised that necessary action would be initiated against groups continuing to perpetrate violence against civilians.

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Agnipath scheme gets 2-year extension for Agniveers, tenure may rise to 6 years

The Centre has introduced a two-year extension for the remaining 75% of Agniveers under the Agnipath scheme, creating another opportunity for them to seek enrolment in the regular armed forces.

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The Centre has introduced a significant change to the Agnipath recruitment scheme, offering a two-year extension to Agniveers who were earlier expected to leave the armed forces after completing their initial four-year service.

Chief of Defence Staff (CDS) General NS Raja Subramani announced the decision on Wednesday following a Union Cabinet meeting. Under the revised arrangement, the 75% of Agniveers who were not initially selected for absorption into the regular armed forces will be offered an additional two-year engagement period.

The development creates another opportunity for these personnel to continue serving in the armed forces beyond their original four-year tenure.

What changes under the revised Agnipath scheme?

Under the original Agnipath framework, Agniveers were recruited for a four-year service period, including training. At the end of this tenure, up to 25% of each batch could be selected for permanent enrolment into the regular armed forces, while the remaining 75% were expected to return to civilian life.

The revised arrangement introduces an additional two-year engagement for the latter group. This means their potential service period could increase from four to six years.

The extension also creates another opportunity for Agniveers to seek enrolment into the regular armed forces after completing the additional two years.

What happens after the additional two years?

According to General NS Raja Subramani, Agniveers completing the extended engagement period and willing to continue serving will be considered for enrolment in the regular armed forces.

Their selection will be based on objective criteria.

This creates an additional pathway for those who are not absorbed into the regular forces after their initial four-year tenure. However, the revised arrangement does not mean that every Agniveer will automatically receive permanent enrolment.

Why has the decision been taken now?

The announcement comes as the first batch of Agniveers recruited under the scheme approaches the completion of its initial four-year service period.

The Agnipath scheme was introduced on June 14, 2022, to recruit personnel into the Indian Army, Navy and Air Force for a fixed four-year engagement.

General Raja Subramani said the scheme had been undergoing periodic reviews, with the performance of Agniveers being continuously evaluated. He also indicated that feedback on their performance had been very positive.

The latest Cabinet decision creates an additional route for retaining personnel beyond the initial engagement period.

What was the original Agnipath arrangement?

Under the original framework, the armed forces could retain up to 25% of Agniveers in the regular cadre after their four-year service period, subject to selection.

The remaining 75% were to complete their engagement and transition to civilian life.

With the latest revision, this group will receive an additional two-year engagement opportunity before being considered for enrolment into the regular armed forces under the prescribed selection criteria.

The change therefore modifies the earlier arrangement by providing an additional opportunity for Agniveers to continue their military careers.

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Hardeep Singh Puri set to win Rajya Sabha bypoll unopposed

Union Minister Hardeep Singh Puri is set to be elected unopposed to the Rajya Sabha from Madhya Pradesh after the returning officer rejected the nomination papers of two independent candidates.

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Hardeep Puri

Union Petroleum Minister Hardeep Singh Puri is set to enter the Rajya Sabha unopposed from Madhya Pradesh after the nomination papers of two independent candidates were rejected during scrutiny on Tuesday.

The two candidates whose nominations were rejected were Kante Sayanna and Rajkumar Lohani, the latter being backed by the Congress. Their rejection leaves Puri as the only candidate in the contest for the vacant Rajya Sabha seat.

According to an official, the result will be announced on November 5, which is also the last date for withdrawal of nominations.

The Returning Officer, Umesh Sharma, examined the nomination papers on the last day of scrutiny and rejected the two independent candidates’ applications.

Objections raised against Hardeep Puri’s nomination

The nomination papers submitted by Puri also faced objections from the two independent candidates and Congress leader Hemant Katare.

They questioned the validity and completeness of Puri’s affidavit filed in Form 26, raising concerns over whether the mandatory details had been properly furnished.

However, after examining the objections, Returning Officer Umesh Sharma concluded that Puri had not violated any requirements under the Representation of the People Act.

Sharma stated in his order that no defect had been found in Puri’s nomination papers that could justify their rejection.

Following the decision, Katare and Congress MLA Atif Aqeel announced that they would approach the court against the order.

Calling the decision an attack on Indian democracy, the Congress leaders said in a statement that Puri’s nomination should have been rejected despite what they described as significant errors.

Why the Madhya Pradesh Rajya Sabha seat fell vacant

The by-election was necessitated by the resignation of Union Minister L Murugan, which left a Rajya Sabha seat vacant in Madhya Pradesh.

With the nomination papers of both independent candidates rejected and Puri’s nomination cleared, the Union minister is set to be elected unopposed.

The final announcement is expected on November 5, the last day for withdrawal of nominations.

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