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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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Bihar IAS triggers outrage after her condom reference to girl’s demand for free sanitary pads | WATCH

After the video of the seminar went viral, social media users slammed the IAS for her condom reference to the valid question.

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Bihar IAS condom

A Bihar IAS officer triggered a massive social media outrage over her response to a girl’s demand for free sanitary napkins during a seminar in Sashakt Beti, Samriddh Bihar in the state capital Patna on Tuesday.

The managing director of Bihar’s Women Development Corporation and IAS, Harjot Kaur Bamhrah was asked by the girl if the government could provide free sanitary pads to girls as it is providing numerous other facilities for free.

Responding to the question, which got applauded by the audience, the IAS said today she asked for sanitary pads and in future, she will also ask the government for free condoms. She further questioned why people need everything for free and said ‘this mentality is incorrect.’

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Watch the viral video here:

After the video of the seminar went viral, social media users slammed the IAS for her condom reference to the valid question.

One user wrote being an IAS officer the behaviour was insensible. Another user demanded the IAS termination from her position with immediate effect. Yet another user called her as shameless as present-day politicians.

Have a look at Twitter reactions here:

Following the incident, the National Commission for Women sought an explanation from Bamhrah for her remarks. NCW Chairperson Rekha Sharma wrote to Harjot Kaur and the reply must be communicated to the Commission within seven days.

Bihar’s Social Welfare Minister Madan Sahani also criticised the IAS remarks and said the officer should not have discouraged the girls.

Bamhrah on Wednesday responded to the criticism she has been facing online and claimed that there was a deliberate attempt to malign her during the seminar.

Speaking to NDTV, Bamhrah said she is known to be one of the most vociferous champions of women’s rights and empowerment and some mischievous elements against whom stringent actions have been taken by WCDC have now resorted such low attempts to malign her reputation.

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Bihar IAS triggers outrage after her condom reference to girl’s demand for free sanitary pads | WATCH

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Bihar youth addicted to online gaming fakes own kidnapping, demands Rs 50,000 ransom from family | WATCH

After losing a lot of money in cricket betting on the online betting app, when Nandan did not understand anything, he planned to kidnap himself.

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Bihar youth addicted to online gaming

A bizarre incident has come to light in Bihar’s Bhagalpur, where a youth created a fake story of his kidnapping and then demanded a ransom from his family members. Believing the story to be true, his father reached the Ghogha Police Station and informed them about the incident. After losing a lot of money in cricket betting on the online betting app, when Nandan did not understand anything, he planned to kidnap himself.

Narrating the incident, his father told the police that his son, Nandan Kumar, went for a morning walk at around 4 am and didn’t return for a while. They tried calling him, but his phone was switched off. He further said that he then received a call from Nandan from an unknown number. Nandan told his father to transfer Rs 50,000 as a ransom amount as he was kidnapped by three people.

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Soon after, an alert was issued everywhere regarding the abduction of Nandan, a resident of NH 80-Phulkiya in the Ghogha police station area. After getting instructions from the senior police officer, prompt action was taken under the leadership of Kahalgaon SDPO Shivanand Singh. The police were conducting raids at suspicious places. Within two and a half hours of the complaint, the police safely found the allegedly abducted youth near the Mamalkha railway station.

The SHO of Ghogha police station, Mohd. Dilshad, SI Ajay Mishra, Jokhan Ram and Hareram Chaudhary, Kanhai Kumar of Rasalpur police station, and PSI Chandan Kumar of Sanhola police station took the matter into their hands.

During the interrogation, the youth told the officials that he created a fake story of three motorcyclists kidnapping him and blindfolding him to mislead the family members on the phone. On asking why he did this, Nandan told the police that he wanted the money for online gaming and that’s why he fabricated his kidnapping.

The officials said the youth is currently in police custody. Further action is being taken on this matter.

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Supreme Court says all women, married or unmarried, have right to safe and legal abortion

The Court held that the marital status of women cannot be ground to deprive them right to abort unwanted pregnancies.

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The Supreme Court of India on Thursday held that all women, irrespective of their marital status, have the right to safe and legal abortion. The Apex Court held that the marital status of women cannot be ground to deprive them right to abort unwanted pregnancies.

Under the Medical Termination of Pregnancy Act, both single and unmarried women have the right to abort the foetus till 24 weeks of pregnancy.

A bench comprising Justice DY Chandrachud, Justice JB Pardiwala, and Justice AS Bopanna made the ground-breaking judgement. Justice Chandrachud said if Rule 3bc was to be interpreted that it applies to married women it would mean that unmarried does not involve in sex.

The bench also stressed recognising marital rape though purely within the ambit of abortion. The court said under the Medical Termination of Pregnancy Act, the definition of rape must include marital rape.

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He further said the artificial distinction between married and unmarried women cannot be sustained.

Highlighting differences in circumstances, he said a woman in a situation of emergency or disaster may decide to have the child but it may also impact the choice of a woman who may think pregnancy is not viable to keep.

While talking about reproductive autonomy being closely linked to bodily autonomy, the Apex Court ruled that the right to choose contraception, the number of children and whether or not to abort have to be taken without the influence of social factors.

The ground-breaking judgement by the Supreme Court of India comes after the court allowed a pregnant unmarried woman to abort her 24-week foetus in July this year. The court had sought a report from the All India Institute of Medical Sciences (AIIMS) on safe abortion of the girl’s circumstance and directed the hospital to form a team of two experts to report on whether abortion is possible without harming the girl.

The girl moved to Supreme Court after the Delhi High Court refused to grant her permission to terminate the pregnancy that was 23 weeks.

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