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‘Don’t sensationalise’, SC refuses urgent hearing on plea against K’taka HC order on hijab

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The Supreme Court on Thursday declined to give any specific date to hear a plea challenging the Karnataka High Court order, which dismissed all petitions seeking direction for permission to wear hijab in classrooms.

Senior advocate Devadutt Kamat mentioned one of the cases on behalf of a petitioner, a Muslim girl student, and sought urgent listing of the matter. Kamat insisted that exams were approaching and urged the court for an urgent hearing on the matter.

A bench headed by Chief Justice N.V. Ramana said this has nothing to do with the exams. The Chief Justice told Kamat not to sensationalise the matter.

Kamat contended that the girl students were not being allowed to enter the schools, and they will lose one year. However, the bench moved on to the next item.

On March 16, the Supreme Court on Wednesday declined to grant an urgent hearing on a plea challenging the Karnataka High Court order, which held that wearing of hijab by the Muslim women does not form a part of the essential religious practice in Islamic faith.

Then, senior advocate Sanjay Hedge, representing the petitioners, mentioned the plea before a bench headed by Chief Justice N.V. Ramana. Hedge said there was urgency in the matter, as several girls have to appear in exams. The bench said others have also mentioned and the court will look into the matter.

Hedge had insisted that the exams are starting and there was urgency in the matter.

The bench said it needed time and it would post the matter for hearing. After brief submissions, the bench said the court may list it after Holi vacations. “Give us time, we’ll post the matter,” said the bench.

The plea filed through advocate Adeel Ahmed and Rahamathullah Kothwal said the high court order creates an unreasonable classification between the Muslim and the non-Muslim female students, and thereby is in straight violation of the concept of secularism which forms the basic structure of the Indian Constitution. The petitioners are Mohamed Arif Jameel and others.

The plea said: “The impugned order is also in sheer violation of the Article 14, 15, 19, 21 and 25 of the Indian Constitution and also violates the core principles of the International Conventions that India is a signatory to.”

It further added, “Being aggrieved by the impugned Government Order, as it is in violation of Indian constitution, the petitioner had approached the Hon’ble High Court by way of a Public Interest Litigation (PIL) petition challenging the validity of the same.

“The Hon’ble High Court vide the impugned order had sought to curtail the fundamental right of Muslim student-women by upholding the impugned Government Order which bars Muslim women from wearing the hijab and pursue their education. It is hereby submitted that the right to wear hijab is an ‘essential religious practice’ and falls within the ambit of the right of expression guaranteed by Article 19 (1) (a), the right to privacy and also the Freedom of Conscience under Article 25 of the Constitution. The same cannot be infringed upon without a valid ‘law’.”

Another plea, filed by two Muslim students, Manan and Niba Naaz, through advocate Anas Tanwir, said: “The petitioners most humbly submit that the High Court has erred in creating a dichotomy of freedom of religion and freedom of conscience wherein the court has inferred that those who follow a religion cannot have the right to conscience.”

Crime

RG Kar victim’s parents yet to secure death certificate even after six months

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Kolkata, Feb 22: Over six months have passed since the shocking rape and murder of a junior woman doctor at Kolkata’s R.G. Kar Medical College and Hospital but her parents are still to get a copy of her death certificate.

The body of the victim was recovered from a seminar hall within the premises of the state-run institution early on August 9 last year.

The victim’s parents have alleged that they have been unable to get the death certificate till now as the R.G. Kar and Kolkata Municipal Corporation (KMC) authorities are shifting the responsibility onto each other.

According to them, the KMC authorities are claiming that since the “place of death” is R.G. Kar, it is the responsibility of the hospital authorities to provide the death certificate.

On the other, the R.G. Kar authorities claim that if a patient dies within the hospital premises or is even brought dead to the hospital, the death certificate will have to be provided by the KMC authorities, the parents added.

The victim’s parents have further claimed that although they have not got a copy of the death certificate, it has been mentioned in the court documents, as per the statement of a medical officer attached to R.G. Kar.

They now say if the death certificate is mentioned in the court documents, why was a copy of the certificate not handed over to them?

Last week, a special court in Kolkata, which had convicted and sentenced civic volunteer Sanjay Roy in the rape and murder case, directed the Central Bureau of Investigation (CBI) to file a fresh progress report on its investigation in the matter on February 24.

Since the special court has already pronounced the sentence for the convict in the main crime of rape and murder, legal circles feel that the fresh progress report will be related to the angle of tampering with the evidence in the case.

It is learnt that the special court had directed the CBI to submit a fresh progress report following a complaint filed by the counsel of the victim’s family accusing the central agency of not updating the court on the progress of investigation in the matter periodically.

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Crime

Ten persons arrested for attack on Congress MP, says Assam CM

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Guwahati, Feb 21: Assam Chief Minister Himanta Biswa Sarma said on Friday that ten persons have been arrested in connection with the attack on Congress MP Rakibul Hussain.

Taking to social media platform X, CM Sarma said, “The police have identified the individuals involved in the alleged incident of assault on Congress MP Sri Rakibul Hussain.”

He also mentioned that the actions will be taken as per the law.

The Dhubri MP was attacked while attending a public programme in the Nagaon district.

The Congress MP had to run from the spot wearing a helmet to save himself. The security officers of Hussain sustained minor injuries in the attack.

In a viral video, it was seen that some masked miscreants initially showed black flags to the Congress MP and after that attacked him.

In the video, Hussian was seen fleeing from the spot in a two-wheeler to save himself from the attack.

The incident that happened in the Ruporihat locality drew criticism from the opposition with Congress leaders training guns on the BJP government.

Gaurav Gogoi, Deputy Opposition leader in the Lok Sabha, launched a sharp attack on the BJP government as Congress MP Hussain was attacked on Thursday.

Gogoi said, “In Assam, a Congress Lok Sabha MP is attacked by thugs in broad daylight in a busy marketplace. The goons even attack the police security officers and try to snatch their weapons. All of this is recorded on camera. Yet the Chief Minister of Assam Himanta Biswa Sarma refuses to ensure that the thugs will be arrested immediately.”

“The Chief Minister should at least think of his constitutional duty towards Assam Police and the innocent civilians in the marketplace. If the goons had got hold of the machine gun, a terrible tragedy could have taken place. The attitude of the Chief Minister will only embolden the thieves, dacoits, smugglers and those accused of murder. Democracy is under threat and people of Assam want freedom from this gunda raj culture,” he added.

The Leader of the Opposition in the Assembly Debabrata Saikia said it was a “failure” of the police and administration.

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Crime

New India Co-operative Bank Scam: EOW Arrests Former CEO Abhimanyu Bhoan

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Mumbai: The Economic Offences Wing (EOW) has made another arrest in the New India Co-operative Bank scam. Former CEO Abhimanyu Bhoan has been taken into custody, making him the third accused in the case.

The Court has remanded accused into police Custody untill February 28.Bhoan’s arrest follows an ongoing investigation into financial irregularities within the bank, which allegedly led to taken place during his working period.

The authorities suspect his involvement in mismanagement and fraudulent transactions.Further investigation is underway, and officials believe that more arrests may follow in the case.

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