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Farooq Abdullah detained under PSA night before Supreme Court heard plea to produce him

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Farooq Abdullah

The Supreme Court today – Monday, Sep 16 – sought response from the Centre and the Jammu and Kashmir administration on a plea seeking to produce before court former chief minister Farooq Abdullah.

Abdullah was last night placed under detention under the Jammu and Kashmir Public Safety Act (PSA). The Home Department has reportedly declared his house as a Subsidiary Jail and there is no bar on meeting of relatives and friends, according to The Indian Express (IE). Last week, the Srinagar Bench of the High Court of Jammu and Kashmir allowed two National Conference MPs to hold separate meetings with Farooq and vice president Omar Abdullah, the IE reported. They have been in detention since August 5 when the Centre revoked J&K’s special status and split the state into two Union Territories.

While Omar has been detained at Hari Niwas, Farooq has been detained at his own house in Srinagar’s Gupkar area.

Hearing the habeas corpus petition filed by Rajya Sabha MP and Marumalarchi Dravida Munnetra Kazhagam (MDMK) leader Vaiko, a bench of Chief Justice Ranjan Gogoi and justices SA Bobde and SA Nazeer issued notice to the Centre and the state, and fixed Vaiko’s plea for hearing on September 30.

Vaiko, who said he is a close friend of Abdullah for the past four decades, has contended that constitutional rights conferred on the National Conference leader had been deprived of on account of “illegal detention without any authority of law”.

Is Farooq Abdullah under detention, Chief Justice of India Ranjan Gogoi asked Solicitor General  Tushar Mehta.

Mehta told the bench that he will need to get instructions from the J&K administration.

Tushar Mehta had argued against the court issuing notice to the government on the petition, arguing that Vaiko did not have a locus standi in this case. The three-judge bench, also comprising justices SA Bobde and Abdul Nazeer, however, went ahead and told the Centre to respond before September 30 when it will take up the petition again.

In his petition, Vaiko said National Conference leader Farooq Abdullah was to participate in the birth anniversary celebrations of late Tamil Nadu chief minister, CN Annadurai, also the founder of the Dravidian movement, on September 15. But he could not be located because of his alleged detention by the government. “Union home minister said Abdullah was not under any kind of detention, but we don’t know his whereabouts,” Vaiko’s counsel said.

Earlier, Home Minister Amit Shah told the Lok Sabha that the former chief minister had not been detained or arrested but was at home “out of his own free will” and that the NC leader was missing the session of his own volition. “I’m saying this for the fourth time, and I have the patience to say it for the 10th time, Farooq Abdullah has neither been detained, nor arrested,” Shah had said.

Abdullah had then accused the home minister of lying to the House, insisting that he had been under house arrest. “Dictatorial authority has been invoked and not a democratic authority that we thought they will invoke. I don’t know how many have been arrested. Nobody is allowed to come in or go out, we are under house arrest,” he said, according to news agency PTI.

Shah’s claim was also rebutted by none other than the Jammu and Kashmir high court, albeit indirectly, when it allowed two NC leaders to visit Abdullah in his home.

The top court is hearing a batch of petitions regarding the situation in Jammu and Kashmir in the wake of the Centre revoking the special status granted to it under Article 370 of the Constitution.

The court has also given permission to Congress leader Ghulam Nabi Azad to visit Srinagar, Anantnag, Baramullah and Jammu districts to enquire about the well being of his family members.

It will also hear CPI(M) general secretary Sitaram Yechury’s plea regarding the detention of party leader Mohammad Yusuf Tarigami. According to a media report, the court allowed Communist Party of India (Marxist) leader Mohammed Yousuf Tarigami to return to Jammu and Kashmir.

Meanwhile, reports came that Farooq Abdullah, currently a member of the Lok Sabha, was placed under detention under the stringent Public Safety Act that allows detention for up to two years without a trial.

The decision to slap the PSA on the NC leader came last night (Sunday), just before Vaiko’s habeas corpus petition in the Supreme Court came up for hearing this morning.

Recalling that Prime Minister Narendra Modi had met Farooq Abdullah and his son Omar Abdullah in his office before the August 5 bombshell, The Hindu‘s Suhasini Haidar tweeted: “Amazing, when one considers that PM Modi himself met Farooq Abdullah and Omar Abdullah just before they announced #370 restrictions and detentions…..The govt should explain why it considers him a PSA threat now.”

The Opposition has also raised questions.

Congress leader Ghulam Nabi Azad, another former Chief Minister, strongly condemned the PSA law – usually invoked against terrorists, separatists and stone-throwers in Jammu and Kashmir – being used against Abdullah. This is the first time that the law has been slapped on a mainstream politician, especially an MP.

“Habeas corpus is an instrument in law to protect personal liberty. You are denying that also and then want us to believe that things are normal. Please change the definition of normal. You have the majority,” Manoj Jha, RJD’s Rajya Sabha MP said.

Top politicians and separatist leaders of Kashmir, including former chief ministers Omar Abdullah and Mehbooba Mufti, have also been kept under house arrest for over 40 days.

Also Read: CJI may visit J&K ‘if required’ as petitioners allege difficulty in approaching J&K High Court

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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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