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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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Congress hits back at Foreign Minister Jaishankar, says PM Modi began taking domestic politics abroad first

On Ramesh’s tweet, people wrote various comments, where one said Rahul Gandhi is a failed dynast and has been rejected by 1.2 billion people of the country twice and has now turned to the Indian NRI population living abroad.

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Congress hits back at Foreign Minister Jaishankar, says PM Modi began taking domestic politics abroad first

The war of words between Congress and External Affairs S Jaishankar is continuing. Congress General Secretary Jairam Ramesh hit back at Jaishankar for his criticism of Rahul Gandhi for his remarks made in the US recently. He said Prime Minister Narendra Modi began taking domestic politics abroad first.

On Ramesh’s tweet, people wrote various comments, where one said Rahul Gandhi is a failed dynast and has been rejected by 1.2 billion people of the country twice and has now turned to the Indian NRI population living abroad. He also said the hypocrisy of Congress knew no limits.

Earlier, Jaishankar had slammed Gandhi for his habit of criticising India outside the country, saying this was not good for the health of democracy in India. He added, he did not have a problem with what happened within the country, but taking politics outside the national boundaries was not best for the nation’s interest.

Congress General Secretary Randeep Surjewala mocked that the BJP had given an old script to Jaishankar and he should read a new one. He further added, the Prime Minister had made fun of previous governments and insulted the country’s 70-year-old history, whereas Rahul Gandhi had said that there was a planned systematic attack going on the democratic institutions of the country, which was the truth.

Earlier, Jaishankar had said in a press conference that Gandhi has a habit of criticizing the country and making comments on domestic politics in foreign soil. He said the world has its eyes set on India and this creates a detrimental effect on the image of the country on the world stage. He said elections are held and sometimes one party wins or the other party wins. He was confident the NDA-led government would come back to power in 2024.

He advised Rahul Gandhi that taking politics outside India will not help in improving his face value.

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Rajya Sabha Secretariat orders AAP MP Raghav Chadha to vacate the bungalow in Central Delhi’s Pandara road

He was told that the bungalow was above his grade as a first-time MP.

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Rajya Sabha Secretariat orders AAP MP Raghav Chadha to vacate the bungalow in Central Delhi’s Pandara road

A dispute over Aam Aadmi Party MP Raghav Chadha’s official bungalow is ongoing. The matter is to be moved to a higher Court after a Delhi Court put on hold an order canceling its allotment. The Rajya Sabha Secretariat had ordered Raghav Chadha to vacate the bungalow in Central Delhi’s Pandara Road, which he had been allotted a year ago.

He was told that the bungalow was above his grade as a first-time MP. However, the Patiala Court had paused the order saying Chadha, who was staying with his parents in the bungalow, could not be thrown out and the proper process had to be followed as per the law. The next hearing will take place on July 10.

Head of the Rajya Sabha Housing Committee CM Ramesh said the ruling will be challenged.

He further added that Chadha, as a first-time MP, was not entitled to a type 7 bungalow. These types of bungalows are assigned to former Chief Minister, former Union Ministers, and former Governors. He cited BJP MP Radha Mohan Das had been moved from a type 7 bungalow to a type 5 bungalow.

Chadha had approached the Court after receiving the cancellation notice. He asked the notice to be declared illegal and demanded Rs 5.50 lakhs in damages for mental agony and harassment.

He told the Court that he had been allotted a type 5 bungalow on July 6, 2022. On August 29, he wrote a letter to the Rajya Sabha Secretariat requesting a Type 7 bungalow. He was then assigned the current bungalow from the Rajya Sabha pool on September 3.

Chadha said, he accepted the allotment and shifted with his parents in November, after carrying out renovations. He further added that the allotment was canceled without a reason or logic and he was informed about the same on March 3, 2023.

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Big opposition meet in Patna on June 23: Rahul Gandhi, Mallikarjun Kharge, Mamata Banerjee, Arvind Kejriwal among others to attend

The meeting will be attended by Congress chief Mallikarjun Kharge and former chief Rahul Gandhi, West Bengal Chief Minister Mamata Banerjee, Delhi Chief Minister Arvind Kejriwal, Tamil Nadu Chief Minister MK Stalin, Jharkhand Chief Minister Hemant Soren.

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opposition parties

A mega opposition meet is scheduled to take place in Patna, Bihar on June 23. A meeting that is expected to bring a series of opposition parties from across the country together at the same table.

The meeting will be attended by Congress chief Mallikarjun Kharge and former chief Rahul Gandhi, West Bengal Chief Minister Mamata Banerjee, Delhi Chief Minister Arvind Kejriwal, Tamil Nadu Chief Minister MK Stalin, Jharkhand Chief Minister Hemant Soren.

The meeting will also witness the presence of Nationalist Congress Party supremo Sharad Pawar, Shiv Sena (UBT) Chief Uddhav Thackeray and Samajwadi Party National President Akhilesh Yadav and Bihar’s Deputy CM Tejashwi Yadav.

Leaders of the left front are also likely to join the meeting.

The huge meeting convened by Bihar Chief Minister and Janata Dal(United) supremo Nitish Kumar was earlier slated to take place on June 12. Reports said the decision to change in dates was taken after Congress announced Kharge and Gandhi would not be able to be part of the meeting on June 12 due to prior commitments.

This will be the first mega meeting of all the opposition parties together, which was in planning for almost two months now. Bihar CM Kumar had started his bid for opposition unity against the Centre ruling BJP in April when he met Kharge and Gandhi in Delhi with his deputy Yadav and other leaders of Bihar Mahagathbandhan.

The Agenda of the meeting in Patna is expected to be deciding a common strategy for the 2024 Lok Sabha elections. Opposition parties have been throwing signals of unity for some months now, the most recent one, the boycott of the inauguration of the new Parliament building by 20 like-minded opposition parties, the show of strength- leaders of different parties shared the stage while attending the swearing-in ceremony of Siddaramaiah as Karnataka CM on May 20.

Congress leader KC Venugopal said they believe in unity and are committed to the purpose of defending democracy. He further added they would surely defeat the divisive forces which are in power at the Centre.

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