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Hijab row: Public order not a ground to curb fundamental rights, say petitioners

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The government can’t restrict fundamental rights in the garb of maintaining public order, the counsel for the girl students seeking permission to wear the hijab told the Karnataka High Court on Monday.

Meanwhile, the high court refused to intervene to restrain media from reporting the case hearing, as the advocate defending petitioners submitted that the hijab case will have an impact on voting in states where elections are underway. Chief Justice Ritu Raj Awasthi stated that if at all they can do something, they will have to stop live streaming of the court proceedings. Other than this, they can’t take any measure to restrict media.

During the hearing on Monday, senior advocate Devdatt Kamat told the bench of Chief Justice Awasthi, Justice Krishna S. Dixit and Justice Khaji Jaibunnesa Mohiyuddin that the College Development Committee (CDC) has no legal statutory basis to frame rules on uniforms.

“The government’s decision in this regard shows lack of wisdom and a legislator heading the committee will decide on fundamental rights. It is not legal to restrict the wearing of hijab,” he argued.

Kamat stated that all Central schools run by the Central government are allowing the wearing of hijab and petitioners have been wearing hijab of the same colour as the uniform since long.

“The state has made a fatal error while referring to public order in its circular. There is not even mention of Article 21 in the quoted order by the government on the basis of which the circular restricting hijab is issued,” he said.

He maintained that the state is an outsider when it comes to the point of belief, though it seems regressive to others. Authorising college committees is equal to making mockery of the fundamental rights, he said, while maintaining that maintaining public order is an enshrined responsibility of the state and it can’t deny rights and say because certain acts incites violence, they are restricting students from wearing hijab.

Advocate Kamat pleaded that the bench should permit students to wear hijab of the same color of the uniform.

The bench subsequently adjourned the matter till Tuesday.

The bench had last week given an interim order that no religious symbols are allowed for the students in schools and colleges until the final order of the court, thus barring use of both hijab and saffron shawls in the school and college premises.

However, petitioners moved the Supreme Court challenging the interim order but it had rejected the demand of urgent hearing by petitioners and said that it will only interfere at an appropriate time. The state government has resumed function of schools till Class 10 and is expected to take call on reopening colleges soon.

The hijab row which started last month in Udupi Pre-University College by six girl students, has snowballed into a major crisis in the state and has hit international attention too.

Maharashtra

Delhi HC to pronounce today verdict on anticipatory bail plea of ex-IAS trainee officer Puja Khedkar

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New Delhi, Dec 23: The Delhi High Court is slated to deliver on Monday its judgment on anticipatory bail plea of sacked Maharashtra cadre probationary IAS officer Puja Khedkar, who allegedly submitted false OBC and PwBD (Persons with Benchmark Disabilities) certificates and fraudulently availed attempts beyond the permissible limits provided for the Civil Services Examination (CSE) by faking her identity.

As per the causelist published on the website of the Delhi HC, a bench of Justice Chandra Dhari Singh will pronounce its verdict on December 23.

Earlier on November 28, Justice Singh-led Bench reserved its decision after hearing both sides. It was then clarified that till the judgment is delivered, the interim relief granted earlier to Puja Khedkar shielding her from arrest will continue.

Asking Khedkar to cooperate with the investigation, the Delhi High Court, in an interim order passed on August 12, granted her protection from arrest.

Earlier, a court here had turned down her anticipatory bail plea and asked the investigating agency to find out if anyone from inside the UPSC had helped Khedkar.

Widening the scope of the probe, Additional Sessions Judge Devender Kumar Jangala had asked Delhi Police to investigate if other people recommended by the UPSC have availed quota benefits without entitlement.

The Centre, on September 7, sacked Khedkar from the Indian Administrative Service (IAS) with immediate effect, a month after the UPSC cancelled her selection in government service. Khedkar has been found guilty of faking and wrongly availing OBC and disability quota benefits.

After cancelling her selection, the UPSC also barred her for life from taking the entrance exam after finding her guilty of faking her identity to take the exam multiple times.

In a status report submitted to the Delhi High Court, Delhi Police had contended that former Maharashtra cadre probationary IAS officer Khedkar had submitted two separate disability certificates for her UPSC exam. The disability certificates dated 2018 and 2021 citing ‘multiple disabilities’ were purportedly issued by the Ahmednagar District Civil Hospital for her UPSC attempts made in 2022 and 2023.

However, as per Delhi Police’s status report, the hospital authorities had denied that the certificates claiming ‘multiple disabilities’ were issued to her by them. It was found that Khedkar availed relaxed criteria for OBC candidates and persons with disabilities.

It then came to light that her father, a former Maharashtra government officer, had property to the tune of Rs 40 crore and that she did not qualify for the non-creamy layer OBC quota.

The UPSC had said that its Standard Operating Procedure (SOP) “could not detect her number of attempts primarily because she changed not only her name but also her parents’ names”.

The Delhi High Court also issued notice to Khedkar on an application filed by the UPSC alleging that she committed perjury by swearing a false affidavit and making a false statement in relation to her anticipatory bail plea.

In its application, the UPSC disputed that it did not collect any biometrics (eyes and fingerprints) during Khedkar’s personality test and she made a “false statement” regarding the collection of her biometrics for obtaining favourable orders.

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‘Stubborn, anti-farmer’, Kharge attacks Centre while paying tribute to Chaudhary Charan Singh

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New Delhi, Dec 23: Congress President Mallikarjun Kharge on Monday accused the Centre of being stubborn and anti-farmer, hoping that the government would not do injustice to the farmers and implement its promises.

He said this while paying tribute to former Prime Minister Chaudhary Charan Singh, whose birth anniversary is marked as the Farmers’ Day.

In a post on X, Kharge wrote, “Farmer is India, the pride of the country. Warm wishes to all farmer sisters and brothers, and farm labourers on Farmer’s Day. Respectful tributes to former Prime Minister Chaudhary Charan Singh ji on his birth anniversary, who fought for the farmers of the country.”

Attacking the Modi-led Centre, the Congress chief accused the government of being stubborn and anti-farmer. “It is hoped that the Modi government will not do further injustice to our farmers through its stubbornness and anti-farmer policies and will implement its old promises,” he further wrote.

Even as Kharge attacked the government on the farmers’ issues, the Centre on Sunday said it has been recognising the vital role of farmers and has introduced a suite of initiatives designed to support their socio-economic upliftment and ensure sustainable agricultural growth.

“These programmes, including the Pradhan Mantri Kisan Samman Nidhi (PM-KISAN), Pradhan Mantri Fasal Bima Yojana (PMFBY), and Pradhan Mantri Kisan Maandhan Yojana (PM-KMY), are aimed at providing financial security, risk mitigation, and long-term social security for farmers,” said a government statement.

It said that by addressing both immediate challenges and long-term needs, these schemes underscore the government’s commitment to nurturing the backbone of the nation and fostering a sustainable agricultural future.

Earlier in the day, Vice President Jagdeep Dhankhar, Prime Minister Narendra Modi, Defence Minister Rajnath Singh and others paid rich tributes to the former PM Chaudhary Charan Singh.

Vice President Jagdeep Dhankhar paid tribute to Chaudhary Charan Singh at Kisan Ghat, Delhi. Union Minister Jayant Chaudhary — RLD chief and grandson of Chaudhary Charan Singh — was also present with the Vice President.

After paying tributes, the Vice President said, “On the occasion of Kisan Diwas, I salute all the farmers of India. In 2001, the right decision was taken and Kisan Diwas was started in the name of such a great man who dedicated his life to the nation’s development along with the farmers and rural development. His thinking and philosophy are exemplary for all of us.”

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Will the changed rules of the Election Commission affect transparency? Understand every point

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New Delhi: On the recommendation of the Election Commission, the rules have been clarified regarding the electronic records sought by the Law Ministry in the form of documents. The amended rules say that common people will not be able to take the footage of CCTV cameras installed in polling booths and webcasting. The opposition, including the Congress, is strongly opposing these amendments.

Amidst the commotion in the matter, spoke to the Election Commission. An attempt was made to find out whether the new amended rules will have any effect on the transparency of elections? Can there be any possibility of malpractice due to this? Or any other kind of manipulation? In this entire matter, a senior official of the Election Commission clarified about the amended rules.

Question: Congress has strongly opposed the amended rules and has questioned the transparency of the amendment.
Answer: Election Commission official says that this is completely baseless. There will be no reduction in transparency in the new amended rules. We are not hiding anything from anyone nor are we trying to hide anything, through amendment, Rule 93 (2) (A) of the old rule Conduct of Election Rule, 1961 has been amended to make it clear and unambiguous that there is no mention of CCTV cameras and webcasting footage in seeking records.

For those who ask for this record, it should not be construed as giving the footage of CCTV cameras and webcasting installed inside the polling booths. The new amended rules make it clear that these electronic records will not be given to the general public. This includes footage from CCTV cameras, webcasting and videography.

Question: Where did the case start?
Answer:
 It started with the case of Advocate Mehmood Pracha, in which on his petition, the Punjab and Haryana High Court on December 9 ordered the Election Commission to give a copy of the videography, CCTV footage and documents related to votes of a polling booth during the Haryana Assembly elections to Advocate Pracha. Only after this, on the recommendation of the Election Commission, the Law Ministry made these changes in the rules. Officials say that in the old rules, electronic data was also being sought under 17 (C) by citing Rule 93 (2) (A). There is no clear mention of this in the old rules, because at that time there was no provision for CCTV cameras, webcasting and videography at polling stations.

Question: So will the candidate also not be able to get CCTV footage?
Answer:
 This is not so, if the candidate wants, he will still be able to get electronic records like CCTV cameras through the court as before. This restriction will be only on common people. But here it would be right to clarify that the candidate will also be able to get electronic data of only that assembly or Lok Sabha constituency from where he has contested the election. It is not that he will be able to get CCTV records of any electoral area. In this too, this electronic record will be available only to the candidate, not to his political party.

Question: What is the problem in providing electronic records?
Answer:
 The Commission official says that there are major problems on two fronts. First, the safety of voters and second, its misuse by mischievous elements through AI. The Commission said that if such CCTV footage records in Jammu and Kashmir, Manipur, Chhattisgarh and many other states including Naxal-affected states fall into wrong hands, it can pose a threat to the safety of voters. Secondly, it can be misused through AI. Especially during elections.

People can misuse this on social media by creating polling booths of different states through AI on the day of voting and can make fake news viral by giving wrong messages to voters as per their wish. If this is stopped, the voting will be over and the wrong people can succeed in their nefarious intentions. Electronic data can also be sold outside the country.

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