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SC grants custody parole to Tahir Hussain for campaigning in Delhi polls

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New Delhi, Jan 28: The Supreme Court on Tuesday granted custody parole to the 2020 Delhi riots accused Tahir Hussain to campaign ahead of the February 5 Assembly polls in the national capital.

Asaduddin Owaisi-led All India Majlis-e-Ittehadul Muslimeen (AIMIM) has fielded Hussain as a candidate from the Mustafabad constituency.

A bench headed by Justice Vikram Nath ordered that Tahir Hussain walk out of jail for 12 hours every day under police custody from January 29 to February 3.

The Bench, also comprising Justices Sanjay Karol and Sandeep Mehta, recorded the undertaking given on Tahir Hussain’s behalf that he may deposit the expenses incurred towards his security arrangements. The expenses for the first two days of police custody need to be paid by 6 p.m. Tuesday, said the apex court.

Further, it restrained Tahir Hussain from making any public comments regarding the merits of the cases pending against him.

Justice Nath-led bench clarified that its order granting custody parole will have no bearing on the merits of the bail application pending adjudication before the Delhi High Court in connection with Intelligence Bureau officer Ankit Sharma’s murder case.

Earlier in the day, the top court asked the Delhi Police to apprise it of the security measures that would be needed if Tahir Hussain is allowed to campaign under custody parole. It told Additional Solicitor General (ASG) S.V. Raju, appearing for the Delhi Police, to give an estimate of how much security personnel would be required if Tahir Hussain is given custody parole and the expenses it would entail.

Senior advocate Siddharth Agarwal, appearing on Tahir Hussain’s behalf, stated that he was restricting his prayer to grant custody parole in view of the limited time of 3-4 days left for campaigning.

Agarwal said that Tahir Hussain is willing to stay away from his residence and will stay in a hotel room and provide details. Opposing this, ASG Raju said that granting relief to Tahir Hussain would set a “wrong precedent” as every prisoner would then file a nomination to contest elections to walk out of jail.

After the Justice Nath-led Bench sought to know the details of security arrangements and costs if Tahir Hussain is granted custody parole, the law officer sought an adjournment to seek instructions.

Last week, a 2-judge Bench of the top court delivered a split verdict on Tahir Hussain’s petition. While Justice Pankaj Mithal dismissed his plea, Justice Ahsanuddin Amanullah was inclined to order Tahir Hussain’s release on interim bail in view of his incarceration of over four years on the charge of being an instigator during the 2020 riots in the national capital. Resultantly, the 2-judge Bench ordered the file to be placed before the Chief Justice of India, who is the master of the roster, for referring the matter to another bench.

Earlier, the Delhi High Court had turned down Tahir Hussain’s plea for interim bail but granted him parole to enable him to file nomination papers for the upcoming Assembly polls. Following the order of the Delhi High Court, Hussain, while out on custody parole, did not have any access to the phone or Internet, did not interact with any person except the officials concerned in the nomination process, and also could not address the media.

On January 14, the Justice Neena Bansal Krishna-led Bench reserved its decision after hearing the arguments raised by senior advocate Rebecca John, representing the former Councillor, and Additional Solicitor General (ASG) Chetan Sharma, who appeared on behalf of Delhi Police. Opposing Hussain’s interim bail plea, ASG Sharma said the AIMIM candidate, facing “gruesome allegations”, may file his nomination papers from Tihar jail or under custody parole. Sharma added that there is no fundamental right to contest elections and if released on interim bail, Hussain may influence witnesses.

National News

Cyclone Montha Effect On Mumbai: Thunderstorms, Gusty Winds Lash City & Coastal Maharashtra

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Under the influence of severe cyclonic storm “Montha”, which is over Bay of Bengal, the western costal regions including Mumbai have been witnessing change in weather conditions from last couple of days. The parts of the island city and its metropolitan regions continued witnessing thunderstorms and gusty winds on Tuesday.

The India Meteorological Department (IMD) in the evening issues a weather warning for rain spells with gusty winds gusty winds reaching at the speed of 40-50 kmph for the districts of Mumbai, Thane and Palghar. The region experienced similar weather on Monday evening too. The state is likely to witness similar weather conditions for the entire week.

The IMD has issued a Yellow Alert for thunderstorm accompanied with lightning, light to moderate rainfall & gusty winds (30- 40kmph) at isolated places for Maharashtra upto October 30. However, the unseasonal rainfall conditions will continue till November 1.

The IMD Mumbai’s state on Tuesday morning said, “The Severe Cyclonic Storm “Montha” over westcentral Bay of Bengal moved north-northwestwards with a speed of 12 kmph during past 6 hours. A through now runs from the upper air cyclonic circulation associated with the depression over eastcentral Arabian sea.” 

As per local weather forecast for Mumbai city and suburbs for the next 48 hours, the skies will be generally cloudy with possibility of thunderstorms accompanied with light to moderate rainfall and gusty winds. The maximum and minimum temperatures will be around 33 deg. C. and 25 deg. C.

The weather department of October 26 had issued a weather warning saying, “Under the influence of upper air cyclonic circulation, thunderstorms accompanied with lightning & gusty wind speed reaching 40-50 kmph are very likely to occur over parts of Maharashtra between 26-30 October. Fairly Widespread to Widespread moderate rainfall activity with Heavy rainfall at isolated places is expected over Konkan and Madhya Maharashtra during the above period. Isolated to scattered light/moderate rainfall accompanied with thunderstorms is expected over Marathwada, during 26 -29 October.” The fishermen are advised not to venture into sea. ‘

Cyclone Montha is a new cyclonic storm formed over the Arabian Sea and was expected to reach Andra Pradesh on October 28. 

The weather department has warned that low pressure area has formed over the Bay of Bengal, and the depression is likely to gain strength over the next few days, thereby affecting the weather conditions in several states. 

The cyclones in the North Indian Ocean region are given names from a predetermined list submitted by countries in the region. The name Montha was suggested by Thailand, which means fragrant flower or beautiful flower in the Thai language.

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Crime

K’taka CM urges police to join him in his mission to make state drug-free

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Bengaluru, Oct 28: Karnataka Chief Minister Siddaramaiah on Tuesday called upon the state police to join him in the mission to make Karnataka a “drugs-free state”, urging officers to take strong and coordinated action against the menace.

“My goal is to make Karnataka drugs-free, and I urge you to make it your goal as well. If we achieve this, the people of Karnataka will express their gratitude to the police department,” the Chief Minister said.

He was speaking after distributing new peak caps to police personnel, inaugurating the Anti-Narcotics Task Force, and releasing the ‘Sanmitra’ action plan handbook at an event organised by the Karnataka State Police Department at the Vidhana Soudha Banquet Hall in Bengaluru.

“Our youth, students, and young generation should not fall prey to drugs. The police department must take a firm and committed stand against this menace,” he said.

“In Mangaluru district, there were frequent communal clashes and instances of misconduct by police personnel earlier. The officers in charge at the time failed to maintain control, so I ordered the transfer of two officials. Now, Mangaluru district is under control. This achievement too belongs to our own officers and staff — they are not from another world; they are ours. Therefore, if you resolve to do it, everything is possible. Prove it through your work,” the Chief Minister urged.

“In the same way, it is possible for you to curb the menace of drugs across the entire state. If you succeed, the prestige of the Karnataka Police will rise to international standards,” he added.

“Some police personnel are involved with real estate operators and drug networks. It is within your power to nip rowdy elements in the bud. The fear of the police has diminished in the criminal world. Ask yourselves why this has happened — you know the answer,” Siddaramaiah said, appealing to the conscience of police officers and staff.

“You know who sells drugs, who brings them in, and who the agents in this network are. Make Karnataka a ‘Drugs-Free State’ at the earliest. Achieve it and show results,” he urged.

“The design of the peak cap released today was chosen by me personally. We have replaced the model that was in use since 1956 –nearly 70 years. Now, both officers and personnel will have a uniform cap design. I hope this change will boost your confidence,” the Chief Minister said.

“It’s not just the cap that should change — your performance should also improve,” he added.

The Chief Minister lauded the police department’s efficiency, saying, “The government earns a good name because of the police department’s dedication. The India Justice Report ranking Karnataka Police as number one in the country has enhanced the state’s prestige.”

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Crime

Bengal assault case: Daughter of arrested BJP leader files counter complaint claiming molestation

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Kolkata, Oct 28: After BJP leader Rakesh Singh and his children were arrested in connection with an assault case in West Bengal, his minor daughter on Tuesday filed a counter-complaint of molestation against the son of the flat owner, on whose complaint her father was held.

The police said flat owner Chandu Khan’s son has been arrested, based on a complaint lodged by the BJP leader’s daughter.

Kasba Police said that all the arrested will be produced in court later in the day, where police custody of the accused will be sought.

According to sources, the police are investigating whether Rakesh Singh’s minor daughter also had any role in the incident on Monday.

“We have received a counter-complaint today. The BJP leader’s daughter has made the complaint. The accused has been arrested on charges of molestation. We are investigating both incidents. Separate cases have been registered. Investigation is on,” said a senior officer of Kolkata Police.

Kolkata Police arrested Rakesh Singh and his son on charges of going on a rampage inside a housing complex in the Kasba area of Kolkata on Monday.

The police had also detained the minor daughter of the BJP leader over the same charge.

According to flat owner Chandu Khan’s son Rajarshi Khan, “Rakesh Singh has a flat on the fourth floor. He has forcibly occupied our flat on the third floor. He has kept his belongings there. I have repeatedly asked him to remove the belongings. But, he did not remove them. We were taking the workers today and putting their belongings down because we were paying rent. Then eight to nine people came and beat my father and brother. They had firearms in their hands. They beat them with gun butts. My father had to be admitted to the hospital. They also attacked me with a knife.”

However, the daughter has now filed a molestation case against the son of the flat owner.

In September, Rakesh Singh was arrested for vandalism at the West Bengal Pradesh Congress Committee (WBPCC) office in central Kolkata. Later, he was released on bail.

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