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‘Don’t approve, not good’, SC reserves order on plea challenging bail to Ashish Mishra

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The Supreme Court on Monday reserved the order on a petition seeking cancellation of bail granted to Ashish Mishra, prime accused in the Lakhimpur Kheri violence case which claimed eight lives.

A bench headed by Chief Justice N.V. Ramana and comprising Justices Suya Kant and Hima Kohli made strong observations against the February 10 Allahabad High Court granting bail to Mishra. “We don’t approve of such irrelevant things…don’t want to use word nonsense,” said the bench. It further added, “This is not good…what we feel this way going into the merits, injuries (caused by bullet) is not necessary.”

Senior advocate Mahesh Jethmalani, representing the Uttar Pradesh government, submitted that the alleged offence is very serious and the state government has provided adequate security to all the 98 witnesses in the case, and the police are also in regular touch with them.

The bench noted that the top court appointed Justice Rakesh Kumar Jain, a former judge of the Punjab and Haryana High Court, to monitor the Lakhimpur Kheri violence probe, and had recommended cancellation of bail granted to Mishra.

The Chief Justice told Jethmalani, “Not filing SLP (special leave petition), protection provided to witnesses, these all are not issues…state should have acted on suggestions made by the SIT. We are not forcing you to file an SLP.”

The Chief Justice further categorically asked Jethmalani, “What is your stand?” Jethmalani replied that Mishra is not a flight risk and to say the offence was intentional or not, is a matter of trial, and reiterated that offence is serious.

During the hearing, the bench observed why did the high court judge go into merits of the case in a bail matter. The bench noted, “Forget about merits, how can the judge go into all this post mortem and all?”

Senior advocate Dushyant Dave, representing the family members of the victims’, submitted that the high court failed to consider relevant facts, and the order suffered from gross non-application of mind by the high court. After hearing detailed arguments in the matter, the top court reserved the order.

Jethmalani said the state government opposed the bail granted to Mishra in the case.

Mishra was arrested on October 9 last year in the case. On October 3, 2021, eight people, including four farmers, were killed in Lakhimpur Kheri in clashes during a farmers’ protest. He was granted bail on February 10.

The family members of the farmers, mowed down by a car belonging to Mishra, in Lakhimpur Kheri had moved the top court challenging bail granted to him. He is the son of Union Minister and BJP MP Ajay Kumar Mishra. The victims’ families have claimed that the state has not filed an appeal opposing bail granted to Mishra.

In November last year, the Supreme Court appointed Justice Rakesh Kumar Jain, a former judge of the Punjab and Haryana High Court, to monitor the Lakhimpur Kheri violence probe. The top court also reconstituted the SIT investigating the incident and appointed IPS officer S.B. Shiradkar, as its head.

Crime

Mumbai Malad Gudi Padwa violence: Three arrested, situation peaceful, police alert, DCP Asmita Hotel

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Mumbai: After the violence on Gudi Padwa in Malad, Mumbai, the situation is now peaceful here, but despite this, politics has also started on this issue and an attempt has been made to spread communal tension by giving it a Hindu-Muslim color. On the occasion of Gudi Padwa, a local youth attacked five minors passing in front of Noorani Mosque. In this case, the police has controlled the situation and so far three people have been arrested. A case of rioting has also been registered against them. The crowd is also being identified. The accused have been identified on the basis of CCTV and three people have been arrested. Along with this, after getting control of the situation, the police has put Malad on high alert and is also keeping an eye on communal elements.

Now communal elements have started trying to spoil the atmosphere in Mumbai, so the police is also keeping an eye on social media. Local DCP Smita Patil said that the situation in Malad Maloni is peaceful and action is being taken against the miscreants. Arrests are also continuing after examining CCTV footage and other footage.

So far three people have been arrested in this case, one of whom is Sharan, who attacked the minor. In this case, Vishwa Hindu Parishad Bajrang Dal has given an ultimatum to the police that if they do not arrest the accused as soon as possible, they will protest. In this case, the DCP has made tight security arrangements at all places and has also appealed not to pay attention to rumors and not to share unverified videos or controversial posts on social media. The police is on alert to maintain law and order in Mumbai and Mumbai Police Commissioner Vivek Panchalkar has issued strict instructions.

Sanjay Nirupam’s venomous attack on the violence on Gaddi Padwa

After the violence on Gudi Padwa, Sanjay Nirupam has made many serious allegations against the police, he has accused the police of delaying action and protecting the accused. He has questioned the action of Mumbai Police and said that the main accused Sharan and his mother do not allow Hindus to celebrate their festivals and their hooliganism continues here. Sanjay Nirupam has called Muslims Jihadis. Sanjay Nirupam said that the police took action when pressure was put on them.

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Crime

Kunal Kamra row: 3 more FIRs filed over Shinde jibe, merged with Mumbai case

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Mumbai, March 29: In fresh trouble for controversial comedian Kunal Kamra, three additional FIRs filed against him in different cities have been merged with the one registered in Mumbai’s Khar police station over his alleged jibe at Maharashtra Deputy Chief Minister Eknath Shinde.

The stand-up comedian courted controversy for cracking an allegedly objectionable joke during a show last month, using the term ‘gaddar’ (traitor) to make a veiled reference to Shinde.

The three zero FIRs that have been merged with the main case registered in Khar were filed in Thane, Nashik and Buldhana by Shiv Sena workers.

The three FIRs were filed by Sunil Jadhav from Nandgaon Manmad, Nashik; Sanjay Bhujbal from Jalgaon Jamod, Buldhana and Mayur Borse from Manmad, Nashik.

The complainants in the three FIRs said that the comedian allegedly created hatred between political parties by making ‘objectionable’ remarks against Shinde. They also alleged that Kamra’s remarks defamed Shinde’s ‘conduct’.

The three FIRs were registered under penal provisions of the Bharatiya Nyaya Sanhita dealing with defamation and public mischief.

Kamra, who has been granted protection against arrest till April 7 by the Madras High Court, has been summoned by Khar police for recording his statement on Monday – this will be the third police attempt to call him as he has not responded to two earlier requests.

Deputy Commissioner of Police, Zone 9 (Mumbai), Dixit Gedam said two offences have been registered at Khar police station.

One is against Kamra for derogatory comments, while the other is against people who vandalised the Unicontinental hotel in Khar where the shoot of his stand-up comedy act titled ‘Naya Bharat’ took place.

Kamra landed in trouble after giving a comic spin-off to a popular Hindi song in which he indirectly described Shinde as a ‘traitor’, referring to the 2022 Maharashtra political crisis which eventually led to the collapse of the Uddhav Thackeray-led state government.

The controversy snowballed after Kamra uploaded a clip from the show on social media last Saturday. Angry Shiv Saniks vandalised the hotel, resulting in the arrest and the subsequent granting of bail to 12 Shinde supporters.

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Crime

Accused in Saif Ali Khan stabbing case files bail plea, claims innocence

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Mumbai, March 29: Mohammad Shariful Islam Shahzad, the accused in the stabbing of Bollywood superstar Saif Ali Khan, has filed a bail petition in the Mumbai Sessions Court, asserting that he is innocent and the case against him is fabricated.

The attack took place in the early hours of January 16 when the accused allegedly entered Saif’s Bandra residence through his youngest son Jeh’s room.

The actor, who was reportedly trying to fend off the assailant, suffered multiple stab wounds. Despite his injuries, Saif managed to go to the hospital on his own, accompanied by his son Taimur.

Shariful Islam Shahzad’s petition, filed through his lawyer, claims that the FIR was wrongly registered and that he has fully cooperated with the police investigation.

His legal team argues that since all evidence is already in police custody, there is no risk of tampering, and therefore, he should be granted bail.

Currently, the case is being handled by the Bandra Magistrate Court, but it falls under the jurisdiction of the Mumbai Sessions Court. Once the police file a charge sheet, the case will be transferred to the Sessions Court. However, the charge sheet is yet to be filed.

According to media reports, doctors removed a 2.5-inch knife from Saif’s wound. The actor sustained six stab injuries, two of which were serious as they were near his spine.

The incident reportedly occurred around 2:15 am on January 16 when the accused broke into the house, attacked the house help, and then stabbed Saif when he intervened.

Saif was alerted by noises from Jeh’s room, where he found the accused in an altercation with the house help. Attempting to protect the staff, Saif fought off the intruder with his bare hands before being stabbed multiple times.

Investigations have revealed that the accused, a Bangladeshi national, intended to rob a wealthy individual to finance his mother’s medical treatment in his home country. He has a history of petty theft and was previously dismissed from restaurants in Worli and Thane for stealing.

It is also reported that the attacker was unaware of Saif Ali Khan’s celebrity status and targeted the residence purely because it was located in an upscale apartment complex.

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