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Delhi High Court issues notice to Centre on Shah Faesal’s detention

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The Delhi High Court yesterday (Monday, Aug 19) issued notice to the Centre and the Jammu and Kashmir (J&K) administration seeking their response by Thursday, Aug 22, on a habeas corpus writ petition filed on behalf of Shah Faesal, an IAS topper from J&K who resigned earlier this year to take up politics, alleging that he was detained illegally at the New Delhi airport and taken to Srinagar against his wishes.

The plea was filed by Md Hussain Pader, the Pairokar or next friend on behalf of Shah Faesal who is allegedly under illegal detention in Kashmir. The court will hear the case on Friday, August 23.

The matter was heard by a Division Bench of Justices Manmohan and Sangita Dhingra Sehgal after it was mentioned for urgent hearing before Chief Justice DN Patel. The bench directed the Central government’s Bureau of Immigration, the State of Jammu and Kashmir and the J&K Police to file their replies to his habeas corpus plea, which also urges that his wife be allowed to meet him.

The Court has orally permitted the wife to meet Faesal for an hour.

Solicitor General Tushar Mehta, appearing for the government, opposed Faesal’s contention and said that he will file a detailed response.

Shah Faesal, an IAS 2009 topper who quit the services to start his political party – Jammu and Kashmir People’s Movement (JKPM) party – had gone to Mumbai via Delhi on Aug 9 for an interview with the BBC on the Kashmir issue and returned to Delhi on Aug 10.

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In the intervening night of Aug 14-15, the plea says that Faesal was illegally picked up from the New Delhi airport when he was on his way to take an international flight to USA, via Istanbul and Frankfurt, to complete his academic fellowship at Harvard University, US.

Faesal was reportedly detained under the Public Safety Act. He was whisked away to J&K against his wishes and reportedly accommodated in a makeshift detention centre at the Centaur Hotel in Srinagar.

The petition alleges high-handedness of concerned authorities in not disclosing the charges based on which the detention order may have been issued. JKPM office bearer Pader who filed the petition said he has derived all information through wife of Shah Faesal who was allowed to meet him once on Aug 17 at Centaur hotel in Srinagar.

While seeking the court’s directions to the authorities to “immediately set him at liberty”, Faesal submitted that his life is at “risk”, and the “illegal detention amounts abduction”.

The petition said Faesal’s illegal detention followed the abrogation of special status of Jammu and Kashmir under Article 370 by a Presidential order on August 5.

The petition states that not informing grounds of arrest to a detenue is violative of all safeguards mentioned in the CrPC. Shah Faesal was even not been produced before a Magistrate at New Delhi to seek transit demand from Delhi to Kashmir. The materials like twitter and facebook posts and the BBC interview are all speaking of the best intentions of Faesal where he asked people of Kashmir to maintain calm and use the judicial route to challenge the abrogation.

“At the immigration counter he (Faesal) was suddenly taken in for questioning and after that he was illegally detained. He was not allowed to board his international flight and the detaining authorities cancelled his boarding passes,” the petition said.

“The next day, it was learnt through the media that he had not been allowed to travel to Harvard University to complete his fellowship/academic commitments. Instead he has been whisked away to Srinagar,” the plea stated.

It claimed that Faesal has never committed any crime nor been named in any FIR. He is not part of any ongoing legal proceedings in any court of law and that there are no pending proceedings or cases against him.

Already six days in illegal detention, Faesal has not been made known of the grounds of arrest or detention, the plea added.

“All the safeguards mentioned in the CrPC (Code of Criminal Procedure) before any arrest or detention have been violated. In particular, the petitioner (Faesal) was not produced before the local magistrate in New Delhi to seek the transit remand,” the plea contended.

“The petitioner has a wife, Iram Rashid, who is a KAS officer and they have a young child Jami, aged around four years. When his wife met him briefly on August 17 at the detention centre, Srinagar, he was looking very frail and was very apprehensive and fearful for his life, physical safety and liberty,” it said.

Faesal has been posting tweets and Facebook content critical of abrogation of Article 370 that gave special status to J&K, and split the state into two Union Territories.

On August 12, he had triggered controversy with his tweet that there would be “no Eid till the last bit of insult is avenged and undone” over what he termed as the “illegal annexation” of Kashmir.

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Just before that he had tweeted: “There is no Eid. Kashmiris across the world are mourning the illegal annexation of their land. There shall be no Eid till everything that has been stolen and snatched since 1947 is returned back.”

His comments have invited strong criticism on social media.

Apart from Faesal, several other political leaders from Jammu & Kashmir, including former Jammu and Kashmir Chief Ministers Mehbooba Mufti and Omar Abdullah are currently under detention and house arrest since August 4.

In his interview to the BBC, Shah Faesal had remarked that Central Government’s move to take away Jammu & Kashmir’s special status was a “betrayal”.

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BJP says it stands for credibility of promises under PM Modi, Congress for crisis

Trivedi mockingly questioned whether Kharge was truthful in his statements made the previous day, implying that his critiques of the BJP were a reaction driven by pressure to reconcile his earlier remarks.

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The BJP said on Saturday that it stood for the credibility of promises made under Prime Minister Narendra Modi’s leadership, while labeling the Congress party as one suffering from a crisis of credibility, intensifying their ongoing rhetorical conflict over unfulfilled electoral pledges.

BJP spokesperson Sudhanshu Trivedi said that the ruling party has expanded its welfare initiatives, including health insurance, free food grains, and cash transfers to farmers, emphasising a strategy focused on wealth creation followed by equitable distribution as the Indian economy has grown over the last decade.

“We believe in the creation of wealth and its distribution. The Congress fosters corruption and depletes wealth,” he stated, referencing numerous unfulfilled promises made by Congress-led governments across various states.

Following Mallikarjun Kharge’s remark labeling “Modi ki guarantee” as a cruel joke after Modi seized Kharge’s guidance on budgetary constraints in state poll announcements, the BJP launched new accusations.

Trivedi mockingly questioned whether Kharge was truthful in his statements made the previous day, implying that his critiques of the BJP were a reaction driven by pressure to reconcile his earlier remarks.

Trivedi highlighted several accomplishments of the Modi government, including the construction of the Ram temple, the abrogation of Article 370, the building of over 14 crore homes for the impoverished, the establishment of more than 51 crore Jan Dhan accounts, and a firm stance against terrorism from Pakistan, to demonstrate the government’s fulfillment of its commitments.

He noted that Kharge, having witnessed notable leaders like PV Narasimha Rao and Pranab Mukherjee manage economic challenges effectively, is now observing the Congress party struggling under the influence of urban Naxals due to Leader of Opposition in the Lok Sabha Rahul Gandhi.

Addressing Kharge’s criticisms on various issues, Trivedi pointed to data from the Employees’ Provident Fund Organisation (EPFO) indicating a rise in account holders from 11 crore to 25 crore over the past decade.

He also referenced significant infrastructure projects, such as the construction of homes for the poor, 74 new airports, and an impressive pace of 37 kilometers of road built per day, claiming that these initiatives have created substantial employment opportunities.

“India is now ranked third in auto manufacturing and second in mobile phone manufacturing; if anyone is unable to recognize the country’s progress, there is a profound deficiency in their perspective,” asserted the BJP spokesperson.

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Maharashtra elections: Congress says Mahayuti understands its exit is certain

Congress leader Sachin Pilot, also an observer of the Congress party for the Maharashtra elections, said that the ruling Mahayuti alliance is aware that its exit is imminent.      

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The Congress on Wednesday asserted the ruling Mahayuti government in Maharashtra has understood that its exit is certain as the Maha Vikas Aghadi alliance is strong and that all its candidates are in a strong position for the upcoming Assembly elections in the state.

Congress leader Sachin Pilot, also an observer of the Congress party for the Maharashtra elections, said that the ruling Mahayuti alliance is aware that its exit is imminent.      

The Congress leader stated that the party is fully prepared and that its ally parties in Maharashtra are strong. He mentioned that the seat-sharing negotiations occurred in a positive atmosphere and that the ruling party has recognized that their exit is inevitable.

“All the candidates of the Maha Vikas Aghadi (MVA) are in a strong position. The people here have decided to support Congress and its allies in the upcoming Assembly elections,” he said.

He also noted that the alliance’s performance in the recent Lok Sabha elections was impressive. “Wherever Congress contested, our candidates won 80 percent of the seats. We expect this trend to continue,” he added.

Pilot acknowledged that there have been some differences among party members regarding specific seats but assured that those issues would be resolved in the next 2-3 days, ensuring there would be only one candidate from the MVA for each seat.

Earlier in the day, Ramesh Chennithala, Congress in charge of Maharashtra, slammed the BJP, claiming that the party is undermining its alliances in the state.

“The BJP is dismantling its alliances. They are forcefully converting alliance partner candidates into their own party candidates. The people will respond to this,” he stated while speaking to reporters.

Earlier on October 26, Chennithala alleged that crores of rupees have been reportedly offered to two of its MLAs to join Maharashtra Deputy Chief Minister Ajit Pawar-led NCP faction, ahead of state Assembly elections.

Chennithala made those allegations while speaking to reporters in the national capital. He also questioned the Maharashtra Chief Minister Eknath Shinde.

Voting for all 288 constituencies for the Maharashtra Assembly elections are set for November 20 and counting on November 23. In the 2019 Assembly elections, the BJP won 105 seats, the Shiv Sena 56, and the Congress 44. In 2014, the BJP secured 122 seats, the Shiv Sena 63, and the Congress 42.

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Rahul Gandhi not upset, Opposition spreading fake news: NCP (SP) leader Anil Deshmukh

“Opposition parties are spreading false information. It is not true that Rahul Gandhi is upset with leaders in the State,” he said.

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Asserting that Leader of Opposition in the Lok Sabha and Congress leader Rahul Gandhi was not upset with the Maharashtra unit, NCP (SP) leader Anil Deshmukh on Saturday accused the Mahayuti of spreading fake news over the issue of seat-sharing in the state.

Deshmukh mentioned that meetings between leaders of Congress in Maharashtra, including Balasaheb Thorat, Nana Patole, and Vijay Wadettiwar, and representatives of NCP (SP) and Shiv Sena (UBT), went well.

“Rahul Gandhi is not upset. Leaders like Balasaheb Thorat, Nana Patole and Vijay Wadettiwar all had meetings with leaders of NCP-SCP and Shiv Sena (UBT). We had taken the decision regarding seat sharing based on merit,” the NCP(SP) leader said.

He further clarified that the decision on seat sharing was made based on merit, countering the false information being spread by Opposition parties. Deshmukh also dispelled the notion that Rahul Gandhi was upset with the state leaders.

“Opposition parties are spreading false information. It is not true that Rahul Gandhi is upset with leaders in the State,” he said.

Furthermore, in preparation for the upcoming Assembly polls in Maharashtra, Congress released its second list of 23 candidates on Saturday.

The Maha Vikas Aghadi (MVA) has concluded talks on sharing seats in 255 constituencies, with each party planning to contest 85 Assembly constituencies, as informed by Maharashtra Congress President Nana Patole.

On the same day, the BJP released a list of 40 star campaigners, including prominent party leaders such as Prime Minister Narendra Modi, party chief Jagat Prakash Nadda and Union Home Minister Amit Shah.

The other leaders from the saffron party — Union Minister Nitin Gadkari, Defence Minister Rajnath Singh, Uttar Pradesh Chief Minister Yogi Adityanath, Assam Chief Minister Hemant Biswa Sarma, Madhya Pradesh Chief Minister Shivraj Singh Chouhan, Union Minister Bhupendra Yadav, Smriti Irani, Piyush Goyal, Jyotiraditya Scindia, Pramod Sawant were in the list.

The list also includes names of prominent leaders from the State — Maharashtra deputy CM Devendra Fadnavis, Vinod Tawde, Narayan Rane, Pankaja Munde, Chandrakant (Dada) Patil, Girish Mahajan, Radhakrishna Vikhe Patil, Ashish Shelar, Udayan Raje Bhonsle, Raosaheb Danve Patil, Ashok Chavan, Sudhir Mugantiwar, Navneet Rana, among others.

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