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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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Delhi CM Atishi accuses BJP’s Parvesh Verma of distributing cash to voters in Kejriwal’s constituency

Kejriwal also hinted that the BJP might declare Parvesh Verma as their chief ministerial candidate, questioning whether the people of Delhi would want such a leader.

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Delhi Chief Minister Atishi on Wednesday accused BJP leader Parvesh Verma of handing out cash to women in New Delhi, the constituency represented by Aam Aadmi Party (AAP) convenor Arvind Kejriwal.

During a press conference, Atishi claimed that Rs 1,100 was distributed to women from slum areas at Verma’s residence in Windsor Place, with their voter ID details being recorded. She stated, “The BJP is distributing money and checking voter cards in the New Delhi assembly constituency, where Arvind Kejriwal is a candidate.

Today, Parvesh Verma was caught red-handed giving out money at his official residence, money he received as an MP. Women from various slums in the New Delhi area were called there and handed Rs 1,100 in an envelope,” ANI reported her as saying.

Earlier in the day, Kejriwal had alleged that women voters in his constituency were being paid Rs 1,100 for their votes. “I have just returned from several areas in my New Delhi Vidhan Sabha constituency, and everywhere I went, people told me that these individuals are openly buying votes, paying Rs 1,100 for each vote. People said they would take the money but wouldn’t vote for them,” he posted on X.

Kejriwal also hinted that the BJP might declare Parvesh Verma as their chief ministerial candidate, questioning whether the people of Delhi would want such a leader.

In response to the accusations, Parvesh Verma stated that the money was distributed as part of a campaign by ‘Rashtriya Swabhiman’, an NGO founded by his late father, former Delhi Chief Minister Sahib Singh Verma.

“I see the struggles faced by women that Arvind Kejriwal has ignored for 11 years. They have been suffering, so I decided to support them with Rs 1,100 per month. Unlike Arvind Kejriwal, I am not distributing liquor; I am glad to be able to help people,” he said.

Verma added that the Rashtriya Swabhiman has been actively involved in community support, including redevelopment efforts in villages affected by disasters. Elections for the 70-member Delhi Assembly are scheduled for February next year.

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Yogi Adityanath says Congress insulting Ambedkar since Nehru days

Adityanath pointed to examples of Congress’ alleged negligence, including its initial hesitance to include Ambedkar in the Constituent Assembly and the Drafting Committee, crediting Mahatma Gandhi for securing Ambedkar’s position.

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Uttar Pradesh Chief Minister Yogi Adityanath on Tuesday hit out at the Congress, accusing it of disrespecting B.R. Ambedkar, the principal architect of the Indian Constitution, both during his life and after his death.

During a press conference held at his official residence at 5 Kalidas Marg, he also claimed that Jawaharlal Nehru, India’s first Prime Minister, opposed Ambedkar’s inclusion in the Constitution Drafting Committee.

Adityanath’s comments came in the wake of a controversy sparked by Union Home Minister Amit Shah’s remarks about Ambedkar in the Rajya Sabha last week. Surrounded by ministers Swatantra Dev Singh and Asim Arun, the Chief Minister emphasised that the purpose of the press conference was to reveal what he called the unethical and unconstitutional actions of Congress and other opposition parties against Ambedkar.

“Dr. B.R. Ambedkar played a pivotal role in India’s freedom struggle, the formulation of the Constitution, and the foundational years of an independent India. Despite facing numerous societal challenges, he achieved the highest accolades in law, finance, and economics. His contributions to the nation are unmatched, and he is deeply revered by every Indian,” Adityanath stated.

He contrasted the Bharatiya Janata Party’s (BJP) respect for Ambedkar with the Congress party’s history of disrespect. Adityanath highlighted the BJP’s initiatives to honor Ambedkar’s legacy, including memorials in significant locations like Mhow, Nagpur, Mumbai, and London, where Ambedkar pursued his studies.

“Under BJP leadership, from Atal Bihari Vajpayee’s time to Prime Minister Narendra Modi’s tenure, we have made every effort to uphold Ambedkar’s ideals. In stark contrast, the Congress has consistently insulted him and minimised his contributions,” he asserted.

Adityanath pointed to examples of Congress’ alleged negligence, including its initial hesitance to include Ambedkar in the Constituent Assembly and the Drafting Committee, crediting Mahatma Gandhi for securing Ambedkar’s position.

He also recalled an incident during the UPA regime when a textbook depicted a derogatory cartoon of Ambedkar being prodded by Nehru, which was withdrawn only after widespread protests, leading to an apology from then HRD Minister Kapil Sibal.

The Chief Minister claimed that the Congress worked to defeat Ambedkar in elections, including the 1952 general elections for the Mumbai North constituency and the 1954 by-elections.

He alleged that even Nehru campaigned against Ambedkar to ensure his loss, asserting that the Congress consistently aimed to silence the voices of Dalits and marginalized communities.

Adityanath also criticised the Congress for not granting national honors to Ambedkar during his lifetime, stating, “It was only when a government supported by the BJP came to power that Ambedkar was finally awarded the Bharat Ratna.”

He further emphasised the BJP’s commitment to realizing Ambedkar’s vision through programs aimed at benefiting Dalits and marginalized groups, reiterating the party’s dedication to preserving Ambedkar’s legacy while accusing the Congress of ongoing disrespect and divisive politics.

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Government set to table One Nation, One Election bill in Lok Sabha on December 16

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Parliament Winter Session: Lok Sabha speaker warns opposition, No-Confidence motion against Rajya Sabha Chairman

The stage is set for a major legislative push by the central government as two bills related to the ambitious “One Nation, One Election” initiative are scheduled for introduction in the Lok Sabha on Monday, December 16.

Union Law Minister Arjun Ram Meghwal is expected to present The Constitution (129th Amendment) Bill and The Union Territories Laws (Amendment) Bill, marking a significant step towards implementing simultaneous Lok Sabha and state legislative assembly elections.

On Thursday, the Union Cabinet, chaired by Prime Minister Narendra Modi, gave its nod to the constitutional amendment bill that seeks to align elections for the Lok Sabha and state assemblies. This decision underscores the ruling Bharatiya Janata Party’s commitment to its long-standing agenda of electoral synchronization, aimed at reducing the frequency of polls and associated costs.

The Cabinet also approved a supplementary bill to amend specific provisions related to three Union territories with legislative assemblies—Delhi, Puducherry, and Jammu & Kashmir. This aligns their governance framework with the overarching constitutional amendments proposed under the “One Nation, One Election” initiative.

The constitutional amendment bill aims to streamline the electoral calendar by establishing a legal framework for conducting Lok Sabha and state assembly elections simultaneously. However, the government has, for now, opted to exclude local body polls, such as those for municipalities and panchayats, from this framework. A high-level committee chaired by former President Ram Nath Kovind had earlier suggested a phased approach to include local elections in the future.

The concept of “One Nation, One Election” has been a focal point in political discourse, with proponents arguing it will enhance governance by reducing electoral disruptions and fostering policy stability. Critics, however, have raised concerns about the logistical and constitutional challenges of synchronizing diverse electoral cycles across India’s federal structure.

This legislative development will undoubtedly dominate parliamentary discussions as political parties prepare to deliberate on the feasibility and implications of reshaping India’s electoral landscape.

The introduction of these bills is expected to spark robust debate, with the government emphasizing the potential benefits of reduced administrative burdens and streamlined governance, while opposition parties scrutinize its impact on India’s democratic fabric.

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