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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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Rahul Gandhi wouldn’t need to fear disqualification if he had not done this

Observers had been upbeat on the Congress’s chances despite the “Aayega Modi hi” slogan and potential allies talking of a non-Congress, non-BJP alliance.

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Rahul Gandhi and Manmohan Singh

Rahul Gandhi is finding himself in the eye of the news cycle storm after a Gujarat court convicted him of defamation for his 2019 remark against Prime Minister Narendra Modi.

Rahul Gandhi faces up to 2 years in jail for taking the Prime Minister’s name along with IPL founder Lalit Modi and fugitive businessman Nirav Modi and wondering if all Modis are thieves. The complaint against Gandhi was filed by BJP leader Purnesh Ishvarbhai Modi at Adajan police station in Surat district.

While convicting Gandhi, Chief Judicial Magistrate HH Varma granted him bail for 30 days for him to file his appeal, which would be in a higher court.

It is a coincidence that if Rahul Gandhi had not ripped up a Manmohan Singh government ordinance to protect legislators (MPs/MLAs/MLCs) convicted of criminal offences from disqualification, he could have escaped this Surat court judgment unscathed. But since the ordinance was withdrawn by the Manmohan Singh government, a legal protection that could have saved him and others can be looked upon wistfully.

The United Progressive Alliance-II regime had been at the receiving end of Opposition assaults over perceived corruption scams including 2G, coalgate and the railway cases, implicating ministers of allies Dravida Munnetra Kazhagam and Rashtriya Janata Dal among others.

The general perception of those years was that the allies were responsible for the falling goodwill of the Congress minority government. Though multiple parties including the Aam Aadmi Party went on the offensive, the biggest gainer from the hit on the Congress was the BJP.

Possibly, the UPA bigwigs could read among the tea leaves what lay ahead of them. Rahul Gandhi’s trashing other ordinance happened in the first few weeks of September 2013 when then PM Singh was away in the United States. The highlight of the next week was Narendra Modi being chosen as the BJP’s PM candidate above veteran leader LK Advani. What happened hence is well-known.

The Rahul Gandhi-led march, the Bharat Jodo Yatra, had won some eyeballs at the man’s ability to pull off the march with relative elan. Following the Hindenburg Research report on Adani, the Congress had shown some verve and fight in a marked departure from the grand old party dismissal.

A remark from spokesperson Pawan Khera on Modi saw Delhi Police armed police haul him off a flight at Delhi airport in connection with three FIRs against Khera, one in Assam and two in Uttar Pradesh.

Observers had been upbeat on the Congress’s chances despite the “Aayega Modi hi” slogan and potential allies talking of a non-Congress, non-BJP alliance. The Surat court decision could spark greater opposition coherence since Arvind Kejriwal himself came out in support of Gandhi.

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Shiromani Akali Dal offers legal assistance to those arrested during Amritpal Singh clampdown

Recently the Akali Dal Chief also put out a series of tweets that stressed on the unity and integrity of India and further condemned the divisive outfits for polarising the communal harmony in Punjab.

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Akali Dal chief Sukhbir Singh Badal

Day after Akali Dal chief Sukhbir Singh Badal slammed the AAP government over the law and order situation by dubbed the hunt of pro-Khalistani leader Amritpal Singh and his aids as a conspiracy to defame the Sikh community for communal polarisation and electoral benefits. Akali Dal on Wednesday swung in to offer legal assistance to those arrested during the clampdown.

As per the reports, Sukhbir Singh Badal took to Twitter for the second consecutive day to talk about the Amritpal Singh crackdown and wrote that his party has agreed to offer complete legal assistance to all Sikh youth arrested in the ongoing extra-constitutional crackdown in Punjab.

The tweet by Badal also read that they are offering legal aid in order to safeguard the rights of the youth from being violated by the AAP Government in Punjab. The tweet also put out the contacts of the legal aid that the families of the arrested can approach to access.

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Recently the Akali Dal Chief also put out a series of tweets that stressed on the unity and integrity of India and further condemned the divisive outfits for polarising the communal harmony in Punjab. The tweet also read that the Sikh community has always been at the forefront of making sacrifices for the nation.

In another tweet, Badal wrote and claimed that attempts are being made to malign the Sikh community for electoral benefits. He further wrote and affirmed to the Punjabi community that Akali Dal will fight for every community including all minorities. Another tweet also slammed the arrest of the innocent youth and dubbed it to be a bid done under the garb of the crackdown of Amritpal Singh.

He further urged the authorities to stop the arrest to clear the Punjabis from feeling insecure in the state. As per the reports, so far the Punjab Police have arrested more that 100 associates of Amritpal Singh and held them for questioning. The prime accused Amritpal Singh, who spoke in favour of Khalitan, continues to be at large as the man hunt continues.

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Delhi Police crackdown on anti-Modi posters, police arrest 4 including owner of printing press, 44 cases registered

According to the reports, the posters were slapped on several walls and poles of the National Capital. The reports said that over 2000 posters were removed and 2,000 more seized after a van was intercepted by the Police authorities.

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Narendra Modi

The Delhi Police has taken cognizance of the cases of the posters that slammed Prime Minister Modi and in a bid to curtail such incidents, the police have rained down on the several accused. So far, the Delhi Police has registered 44 FIRs in the matter and arrested 4 people including two owners of a printing press.

The clampdown by the police comes after a reported operation on Tuesday as the Delhi Police nearly 2,000 posters from various parts of Delhi. As per the reports, the posters that were removed by the Delhi police had promoted the idea of unseating Prime Minister Narendra as the posters read Modi Hatao, Desh Bachao.

According to the reports, the posters were slapped on several walls and poles of the National Capital. The reports said that over 2000 posters were removed and 2,000 more seized after a van was intercepted by the Police authorities.

The Special Commissioner of Police (North), Dependra Pathak, who informed the media about the police intercepting the van, also told the media that the police traced and nabbed down the van at IP Estate and also added that the van was coming from AAP headquarters on DDU Marg.

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It was reported the man driving the van was arrested by the police and upon being questioned, he told the authorities that his employer instructed him to deliver the posters to AAP’s headquarters and also added that he made a delivery day before as well.

Pathak also informed that 2 other men have also been arrested in the case and two printing press firms were given an order for making 50,000 more anti-modi posters. It was also reported that the workers of the company also pasted posters from late Sunday night to Monday morning. The police have arrested the owners of the printing press for reportedly not publishing the names of their company on the posters. The police are investigating further about the face behind who placed the order.

The AAP government has yet to make a statement on the matter after being accused of being linked to the poster pasting that goes against PM Modi.

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