Connect with us
Sunday,25-September-2022

National News

Delhi HC seeks Police response on Mohammed Zubair’s plea against laptop seizure

Published

on

The Delhi High Court on Wednesday sought the response of the Delhi Police on a plea moved by Alt News co-founder Mohammed Zubair challenging a lower court order allowing his police custody and seizure and examination of his laptop in connection with a 2018 contentious tweet case.

Zubair was seeking restoration of the device/laptop or document seized by the police, being beyond the allegation in the FIR.

Justice Purushaindra Kumar Kaurav allowed four weeks’ time for the Police to respond to the plea. The court also granted liberty to the fact-checker for filing rejoinder and additional documents in response.

On July 1, while dealing with the plea, a vacation bench of Justice Sanjeev Narula directed the police to file a counter-affidavit within two weeks.

In the last hearing, Zubair’s counsel Vrinda Grover argued that her client was arrested in breach of the Arnesh Kumar guidelines issued by the Supreme Court and that it was an attempt to breach his journalistic freedom as the police seized his mobile phone and laptop.

The Supreme Court had last week granted bail to Zubair in all the six FIRs registered by the Uttar Pradesh Police in different districts over his tweets and clubbed these FIRs with the Delhi FIR.

The top court disposed of Zubair’s plea by granting him bail in all the UP Police cases and also gave him liberty to move the Delhi High Court seeking the quashing of the cases. The top court clarified that its directions will apply to future cases, registered on the basis of tweets that were part of the previous FIRs.

Last month, Chief Metropolitan Magistrate, Patiala House Courts, Snigdha Sarvaria had allowed custody of Zubair to Delhi Police in connection with one of his tweets on the micro-blogging platform Twitter in 2018 in which he allegedly hurt the religious sentiments of a community.

In a follow-up of the case, the Special Cell of Delhi Police flew Zubair to Bengaluru to recover his laptop which he used for uploading various contents on social media sites.

Zubair was charged under the Indian Penal Code’s Sections 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence) and 295A (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) for one of his objectionable tweets.

“Transmission and publication of such posts have been deliberately done by Mohammed Zubair through electronic media to insult the religious feelings of a particular community with the intent to provoke breach of peace,” read the FIR.

As per the FIR, accused Zubair had used a screengrab of an old Hindi movie which showed an image of a hotel, with its board reading ‘Hanuman hotel’ instead of ‘Honeymoon hotel’. In his tweet, Zubair had written, “BEFORE 2014: Honeymoon Hotel. After 2014: Hanuman Hotel”.

Maharashtra

India reports 4,777 fresh Covid infection, 23 deaths

Published

on

By

India on Sunday reported 4,777 fresh Covid infection in the last 24 hours, against 4,912 Covid cases reported on previous day, said the Union Health Ministry.

In the same period, the country has recorded 23 more Covid-related deaths, taking the national fatalities tally to 5,28,510 as per the report.

Meanwhile, the active caseload of the country presently stands at 43,994 cases, accounting for 0.10 per cent of the country’s total positive cases.

The recovery of 5,196 patients in the last 24 hours took the cumulative tally to 4,39,95,610. Consequently, India’s recovery rate stands at 98.72 per cent.

Meanwhile, India’s Daily Positivity rate has been reported to be 1.58 per cent, while the Weekly Positivity Rate in the country currently also stands at 1.63 per cent.

Also in the same period, a total of 3,02,283 tests were conducted across the country, increasing the overall tally to over 89.36 crore.

As of Sunday morning, India’s Covid-19 vaccination coverage exceeded 217.56 crore.

Over 4.09 crore adolescents have been administered with a first dose of Covid-19 jab since the beginning of vaccination drive for this age bracket.

Continue Reading

National News

‘Politically motivated’, Bilkis Bano case convict to SC on plea challenging release of accused

Published

on

By

A convict in the Bilkis Bano case has told the Supreme Court that the petition challenging Gujarat government’s remission order is “speculative and politically motivated”.

The plea filed by Radheysham Bhagwandas Shah said: “This court not only on the ground of locus and maintainability, but also on the ground of such speculative and politically motivated petition, should dismiss the said plea with heavy hand and impose an exemplary cost so that such politically motivated petition by strangers are not encouraged in the future.”

The plea cited a number of the top court judgments, including Janata Dal vs H.S. Chowdhary (1992), Simranjit Singh Mann vs UOI (1992) and Subramanian Swamy vs Raju (2013), in which it was consistently held in clear terms that a third party who is a total stranger to the prosecution has no ‘locus standi’ in criminal matters.

The convict also referred to the apex court judgment dated May 13, 2022 on the merits of the case, which after hearing all the parties came out with a categorical judgment that only the Gujarat government’s policy of premature release would be applicable, which prevailed at the time of conviction and not a subsequent policy at the time of consideration of remission.

Shah was challenging the plea filed by former CPI-M MP Subhasini Ali, journalist Revati Laul and professor Roop Rekha Verma against the release of 11 men convicted for the gang-rape of Bilkis Bano and multiple murders during the 2002 Gujarat riots.

A similar plea was also filed by Trinamool Congress MP Mahua Moitra.

On September 9, the apex court had directed the Gujarat government to file all records, which formed the basis for granting remission to all the accused in the case. It directed the state government to file its response within two weeks and also asked advocate Rishi Malhotra, representing some of the accused, to file a response.

Shah’s plea contended that if such type of third-party petitions are entertained by the apex court, it would not only unsettle the settled position of law, but would also be an open invitation to any member of the public to jump in any criminal matter before a court of law.

Shah argued that the plea is nothing but a gross abuse of Article 32, as on one hand, the petitioners plead that they do not have the copy of the remission order and yet without ascertaining the reasons for grant of remission, the petitioners have sought quashing of the remission order.

It further argued that the apex court had categorically held that a total stranger in a criminal case cannot be permitted to question the correctness of a decision, and if that was to be permitted, any and every person could challenge a criminal prosecution/proceeding recorded day in and day out by courts even if the person convicted do not desire to do so and are inclined to acquiesce in the decision.

“Interestingly enough, neither the state nor the victim nor even the complainant has approached this court, and thus it is respectfully submitted that if such cases are sought to be entertained by this court, a settled position of law would certainly become an unsettled position of law,” Shah’s plea added.

Continue Reading

Crime

Ankita Bhandari’s body found from Uttarakhand’s Chilla canal

Published

on

By

The body of Ankita Bhandari, a 19-year-old staffer at a resort in Uttarakhand who went missing a few days ago, was recovered from the Chilla canal in the state on Saturday and Chief Minister Pushkar Singh Dhami has ordered an SIT probe led by DIG P. Renuka Devi to probe the murder.

The prime accused in the case is BJP leader Vinod Arya’s son Pulkit Arya.

Ankita, a resident of Dobhin Srikot, who used to work in the Vantara resort in Uttarakhand’s Pauri Garhwal. She went missing on September 18.

The BJP has removed Vinod Arya as well as his other son Ankit following the incident.

Taking to Twitter, Dhami poste:, “Today morning, daughter Ankita’s body was recovered. Heart-broken with this heart-wrenching incident.”

On directions of the Chief Minister, the JCB razed to ground accused’s illegal resort on Friday night.

Strict action will be taken against the officers who were involved in the illegal construction of the resort, Dhami said.

“It is our resolve that the those guilty of this heinous crime will bot be spared,” he added.

Ankita’s family had lodged a missing complaint on September 21 with the revenue police and on the District Magistrate’s direction, the matter was trasferred to regular police the next day.

Taking cognisance of the incident, Ashok Kumar, Director General of Police, Uttarakhand, had directed the Superintendent of Police, Pauri for a speedy investigation into the incident.

Following their arrest, they told the police that after murdering Ankita, they threw her body in Chila Shakti canal.

Under the guidance of DGP Uttarakhand, the SDRF started search for Ankita in Shakti Canal, Chila Power House.

SDRF rescue team has been searching the spot and the deep divers were also looking for the body in the bottom of the canal.

The search operation had resumed this morning during which the body was found.

The body has been handed over to the district police.

Continue Reading

Trending