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Supreme Court grants bail to four 2002 Gujarat riot convicts, says conviction debatable

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[vc_row][vc_column][vc_column_text]The Supreme Court on Tuesday, Jan 22, ordered the release on bail of four convicts in 2002 Gujarat riots case of Naroda Patiya, which saw one of the worst massacres, calling their conviction “debatable”.

The convicts, Umeshbhai Bharwad, Rajkumar, Harshad and Prakashbhai Rathod, had been found guilty and sentenced to a 10-year jail term for arson and rioting by the Gujarat High Court on June 25 last year.

The top court also said it is seized of appeals by others convicted in the case, including Babu Bajrangi.

At least 97 Muslims were killed in Naroda Patiya near Ahmedabad on February 28, 2002, which saw one of the worst instances of mob violence when nearly 100 Muslims were slaughtered by a mob of thousands during the communal riots that followed the Godhra train burning in which 59 Hindu train passengers were killed.

In June last year, the Gujarat High Court had sentenced the convicts to 10 years rigorous imprisonment, observing that their punishment must be consistent with the brutality of the crime.

The high court had convicted 16 people, including Babu Bajrangi, and acquitted 18 others, among them former BJP minister Maya Kodnani for want of evidence.

“The court cannot set aside the agony and anguish of the victims… Offences are not against individuals but society at large and has consequences of polarising society,” Gujarat high court had said while convicting them.

“Imposing too lenient a sentence would amount to travesty of justice… Imposition of 10 years of rigorous imprisonment would be adequate punishment,” the court held.

The court further observed that any liberal attitude with respect to such offences would be “counter-productive” and “against the interest of society”.

On Tuesday, a Supreme Court bench headed by Justice AM Khanwilkar granted bail to four convicts on the chief grounds that the High Court verdict of conviction was “debatable” and that they should be released on bail since their appeal would take much time for disposal.

In three bail orders, the Supreme Court has expressed serious doubts over the conviction.

All these accused were held guilty under Section 436 (mischief by fire or explosive substance with intent to destroy house) of the Indian Penal Code, along with other provisions relating to unlawful assembly.

The bench released Umeshbhai Surabhai Bharwad, Rajkumar, Padmendrasinh Jaswantsinh Rajput and Harshad alias Mungda Jila Govind Chhara Parmar on bail after imposing ordinary conditions to be laid out by the trial court.

The Supreme Court, while deciding the bail plea, noted that the Gujarat HC had primarily relied upon identification of these convicts by police officials but in some cases, no identification parade was conducted and the appeals raised doubt over their identification in a group of around 15,000 persons.

“Prima facie, we find that the approach of the High court is debatable,” said the bench, while granting bail to Bharwad. It also noted that Bharwad was undergoing treatment for HIV and that he had been on bail during the trial of the case.

Taking up the bail plea by Rajkumar, the apex court noted that the HC convicted him while observing that even in absence of any specific role attributed to the applicant his presence being established, the charge of being a member of the unlawful assembly must hold good.

“Prima facie, we find this approach to be doubtful, especially when the witnesses relied upon by the prosecution are police officials and no identification parade of this applicant was conducted during the investigation by the Police,” noted the bench, granting bail to Rajkumar.

The court further noted that Harshad alias Mungda Jila was sentenced to 10 years in jail. “He has already undergone more than five years of actual imprisonment coupled with the fact that the hearing of the appeal is not likely to take place in the immediate near future. Accordingly, applicant is ordered to be released on bail to the satisfaction of the trial court,” directed the bench.

It also released another convict, Prakashbhai Sureshbhai Rathod, on interim bail between January 28 and February 15 to attend his daughter’s wedding.[/vc_column_text][/vc_column][/vc_row]

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Harivansh set to be elected Rajya Sabha Deputy Chairperson unopposed

Harivansh is set to be elected unopposed as Rajya Sabha Deputy Chairman after no opposition nominations were filed before the deadline.

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Former Rajya Sabha Deputy Chairman Harivansh is set to be re-elected to the same post unopposed in the election due to be held later today.
The date has been fixed by the Chairman under the relevant rules governing the conduct of business in the Upper House.
According to sources, the deadline for submitting motions for the election was 12 noon on April 16. A total of five notices were received within the stipulated time, all proposing Harivansh for the post.

Multiple nominations, single candidate
The motions were submitted by members across parties, including Jagat Prakash Nadda, Nitin Nabin, Nirmala Sitharaman, Sanjay Kumar Jha, and Jayant Chaudhary, each backed by seconding members.
All five motions explicitly state that Harivansh be chosen as the Deputy Chairman of the Rajya Sabha.

No opposition nomination filed

Notably, no motion was submitted by the Opposition before the deadline. This effectively clears the path for a unanimous election, as there is no contest for the position.
As per parliamentary procedure, motions will be taken up one by one. Once any one motion is adopted by the House, the remaining motions will not be put to vote.

Likely to be elected by voice vote
In line with established practice, the first motion — expected to be moved by Nadda — may be adopted through a voice vote. Following this, the Chairman will formally declare Harivansh as elected Deputy Chairman.
After the declaration, Harivansh will be escorted to the Chair by members from both the Treasury and Opposition benches, adhering to parliamentary convention.

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Amit Shah counters delimitation concerns, says southern states to gain Lok Sabha seats

Amit Shah assures Parliament that southern states will gain Lok Sabha seats after delimitation, countering opposition criticism during the women’s reservation debate.

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Amit Shah

Union Home Minister Amit Shah on Thursday addressed concerns over the proposed delimitation exercise, asserting in the Lok Sabha that southern states will not lose representation but instead see an increase in their number of seats.

His remarks came during a heated debate linked to the implementation of women’s reservation, where opposition parties have raised fears that population-based delimitation could reduce the political weight of southern states.

Shah rejected these claims, calling them misleading, and said the proposed framework ensures fairness while expanding the overall strength of the Lok Sabha.

Seat count to rise with expansion of Lok Sabha

The government has indicated that the total number of Lok Sabha seats could increase significantly as part of the delimitation process. In this expanded House, the combined representation of southern states is expected to rise from 129 seats at present to around 195 seats.

Shah emphasised that no state will lose seats in absolute terms, and the exercise is designed to reflect population changes while maintaining balance across regions.

State-wise projections shared in Parliament

During his address, Shah also provided indicative figures for individual southern states, suggesting notable increases in representation. According to the projections:

  • Tamil Nadu could see its seats rise substantially
  • Kerala, Telangana, and Andhra Pradesh are also expected to gain additional seats
  • Karnataka’s representation may increase as well

These figures were presented to counter the argument that delimitation would disproportionately favour northern states.

Political debate intensifies over linkage with women’s quota

The delimitation exercise has been closely linked to the rollout of women’s reservation, which proposes one-third seats for women in Parliament and state assemblies.

Opposition leaders have questioned this linkage, arguing that tying reservation to delimitation could delay its implementation and raise federal concerns. Some leaders have also warned that the move could impact national unity if apprehensions among states are not addressed.

The government, however, maintains that the reforms are necessary to ensure equitable representation and to align the electoral system with demographic realities.

Centre dismisses ‘false narrative’ on southern states

Shah reiterated that concerns about southern states losing influence are unfounded. He said the delimitation process will increase representation across regions and described the criticism as a “false narrative” aimed at creating confusion.

The issue is expected to remain a key flashpoint as Parliament continues discussions on the women’s reservation framework and related legislative changes.

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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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PM modi

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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