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Hijab ruling will have effect on constitutional morality, individual dignity, AG to HC

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Karnataka Advocate General Prabhuling Navadgi on Tuesday told the High Court that the judicial decision on hijab will have binding on “constitutional morality” and “individual dignity”.

“When we impose, the element of choice of dress goes away. The woman will be obligated to wear that dress. It becomes compulsory,” he said in his concluding remarks before a three-judge bench, headed by Chief Justice Ritu Raj Awasthi, hearing the hijab row.

“Women cannot be subjugated to any form of dress code and she can’t be made to feel less equal and children of a lesser god. Judicial declaration of every woman of a particular religion to wear hijab, would it not violate the dignity? If it is a compulsion of an attire, it is impermissible on this day.

“We propose no ban on hijab, it should be left to the choice of the woman. Right to privacy cannot be enshrined in public. Institutional discipline is paramount. Dignity of women must also be kept in mind in a plural society,” Navadagi said.

He also quoted a Bollywood song: “Na muh chupake jiyo, na sar jhuka ke jiyo, gamon ka daur bi aaye toh muskura ke jiyo”.

He argued that it is entirely on the petitioner to prove that the practice of hijab is obligatory in nature and compulsorily followed in Islam. However, they have placed 144 Surahs of Quran to the court’s query and there is no record on table to show that the custom is obligatory and it is an element of compulsion which compels a member to be expelled from the community, he added.

“Wearing of dress is freedom of speech, as argued by the petitioners as their fundamental right under Article 19 (1) (a). However, Article 19 (1) (a) is subject to public order, decency under Article 19 (2). In the present case, the uniform rule is subjected to institutional restriction and it is subjected to institutional discipline not only in schools but also in hospitals, military establishments and others,” the AG submitted.

“The rule imposes reasonable restrictions on wearing a headscarf,” he said, adding that a uniform is being prescribed till Pre-University as they have “an impregnable mindset”.

“There is no restriction on campus to wear a hijab. Only during class hours, in the classrooms, it has been not allowed and anything beyond uniforms, irrespective of any religion, is not allowed,” he said.

As Navadgi mentioned the total ban on hijab by France and Turkey in public spaces, Justice Krishna S. Dixit, who is also on the bench, intervened and stated that it depends on the constitutional policy of every country. He then said that he only wanted to bring out that there is no prohibition as such in our country.

Reiterating that hijab is not an essential practice of Islam and can’t come under the Constitution’s Article 25. (Freedom of conscience and free profession, practice and propagation of religion) he sought to bring to the notice of the court that how this has been upheld by various High Courts and Supreme Court judgments.

Giving clear indications of an early verdict on hijab row, the bench had directed counsel to complete their arguments by this week.

Chief Justice Awasthi asked the Advocate General to complete his submissions at the earliest, and he said that he would complete his arguments on Tuesday.

CJ Awasthi informed all counsel that the bench wants to complete the hearing on the case by this weekend and directed them to keep the arguments brief. “Make positive endeavors to complete within this week only,” he said.

Senior advocate R. Venkataramani, appearing for teachers who have been made respondents in the case, maintained that there are no hierarchies of religions between teachers and students. “School environment is more important than a public place. There should be a free mind among students and all minds of children should be in unity for education,” he said.

“Whatever may be the assertion, if the state is in collision with public order, morality and health, it will stop. The state comes in through Article 25 (2) in the matters of religion and finance, when it comes to regulation. There is public space and qualified public space. School is a qualified public space,” he added.

Referring to the verdict of the South African court allowing the wearing of ‘nose ring’ to school there, he stated that the court did not make an emphatic statement of religion in the judgment. “Borrowing from foreign judgments could be problematic here, though we cannot close our eyes on them,” he held.

Senior advocate S.S. Nagananda, who also appeared for teachers, maintained that there is a fine line of distinction as far as culture and religion are concerned. “It is not possible for Muslims to give five time prayers, similarly, it is not possible for a Brahmin to perform Sandhyavandana three times. This practice of wearing hijab is not an essential religious practice. There are some practices, which are required to perform otherwise, they will have consequences,” he said.

Hearing will continue om Wednesday.

Crime

Amrapali Group case: ED attaches Rs 99 crore assets for duping homebuyers

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Lucknow, Jan 3: In fresh action against real estate player, the Amrapali Group, the Enforcement Directorate (ED) provisionally attached immovable properties worth Rs 99.26 crore for fraudulently diverting and misappropriating homebuyers’ funds, an official said on Saturday.

The immovable properties attached under the provisions of the Prevention of Money Laundering Act (PMLA), 2002 include the office and factory land and building of Mauria Udyog Ltd., which is one of the entities of the Sureka Group, whose promoters are Navneet Sureka and Akhil Sureka.

The aggregate fair market value of the seized office and factory land and building was Rs. 99.26 crore as on December 30, 2016, the ED said in a statement.

The ED has now passed a total of six Provisional Attachment Orders, including the present one, under Section 5(1) of the PMLA, 2002, attaching properties having a cumulative value of Rs 303.08 crore.

The ED, Lucknow Zonal Office, initiated the investigation on the basis of multiple FIRs registered at different Police Stations in Gautam Buddha Nagar, Uttar Pradesh, and EOW, Delhi Police, and also pursuant to a Supreme Court order.

On July 23, 2019, the Supreme Court passed the order in Bikram Chatterji versus Union of India matter that was related to petitions filed by aggrieved homebuyers.

The allegations were that the Amrapali Group collected huge sums of money from homebuyers, failed to deliver possession of flats within the stipulated time, and fraudulently diverted and misappropriated the homebuyers’ funds by adopting a criminal conspiracy involving bogus transactions, forgery and cheating.

The ED investigation revealed that the accused persons, their associates and promoters — namely Anil Kumar Sharma, Shiv Priya and Ajay Kumar, Directors of the Amrapali Group — in connivance with Navneet Sureka and Akhil Sureka, Directors of Mauria Udyog and Jotindra Steel and Tubes Ltd, diverted homebuyers’ funds through non-genuine and fraudulent transactions under the guise of procurement of TMT bars and construction material.

The funds were layered through a complex web of shell entities and bogus suppliers, withdrawn substantially in cash and irreversibly dissipated, thereby generating and laundering the Proceeds of Crime (POC), the ED said.

It has been established that an amount of Rs110.39 crore was diverted to Mauria Udyog, representing POC generated from the money collected from Amrapali homebuyers.

As the original POC were dissipated and no longer available for direct attachment, the ED has attached the immovable properties of Mauria Udyog on the principle of “value thereof” under the PMLA, 2002, in order to secure the POC.

Earlier, the ED had arrested Anil Sharma, Shiv Priya and Ajay Kumar, Directors of the Amrapali Group; Anil Mittal, Statutory Auditor of the Amrapali Group; and Chander Prakash Wadhwa, CFO of the Amrapali Group.

So far, the ED has filed six Prosecution Complaints in this case, arraigning 33 individuals and entities as accused.

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Crime

Thane Crime: Assistant Police Inspector Arrested For Accepting ₹20,000 Bribe

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Thane: The Anti-Corruption Bureau (ACB) arrested an assistant police inspector (API) for allegedly accepting a bribe of Rs 20,000 from a man for helping him and his family members in a case in Maharashtra’s Thane district, an official said on Saturday.

Based on a complaint, API Sanjay Dhondiram Bidgar (48) of Ulhasnagar police station was caught red-handed while accepting the bribe amount on Friday, the official said.

He said that a case had been registered at the Ulhasnagar police station against the complainant, his son, and wife, and the accused officer allegedly demanded Rs 20,000 in exchange for not arresting the trio and for helping them in the case.

Unwilling to pay the bribe, the complainant approached the ACB in Thane, and after a preliminary verification, a trap was laid.

A case has been registered against Bidgar under the Prevention of Corruption Act, and a further probe is underway, the official said.

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Crime

Two accused involved in ATM fraud arrested by Delhi Police

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New Delhi, Jan 3: Delhi Police on Saturday arrested two accused allegedly involved in ATM fraud in the South-West District. The arrests were made by the staff of Kishangarh Police Station as part of intensified patrolling and surveillance to curb crime and ensure the safety and security of residents.

According to a statement released by the South-West District police, the arrested accused have been identified as Salman, son of Kabir, and Salman, son of Usman. With their arrest, the police recovered one country-made pistol (desi katta), two live cartridges, Rs 12,700 in cash, four ATM jamming devices, and one screwdriver allegedly used for breaking or opening ATM shutters.

The police said that the staff of Kishangarh Police Station had been directed to maintain a strict vigil over suspicious persons and criminals involved in illegal activities. As part of these directions, patrolling was intensified in sensitive areas falling under the jurisdiction of the police station.

On January 1, during routine patrolling, Head Constable Subhash and Head Constable Hitender noticed a suspicious person roaming in the area of Kishangarh Police Station. On spotting the police team, the individual allegedly attempted to flee but was apprehended after a brief chase. During the personal search of the accused, identified as Salman, son of Kabir, a country-made pistol was recovered from his possession.

The information was immediately conveyed to the Duty Officer of Kishangarh Police Station, following which Sub-Inspector Kamal Chaudhary, along with other police staff, reached the spot and completed the necessary legal formalities. A case vide FIR No. 02/2026 under Section 25 of the Arms Act was subsequently registered at Kishangarh Police Station, and the accused was formally arrested.

During interrogation, the accused disclosed his involvement in ATM fraud activities and revealed the name of his associate, Salman, son of Usman, who had allegedly supplied him with the illegal firearm. Acting on this information, the police apprehended the co-accused, from whose possession two live cartridges were recovered.

Further interrogation revealed that the accused used to commit ATM fraud by inserting small metallic jamming clips inside the cash-dispensing shutter of ATM machines. When unsuspecting customers attempted to withdraw money, the amount would be debited from their accounts, but the cash would not be dispensed due to the jamming device.

Believing the issue to be a technical fault and expecting a refund from the bank, the customers would leave the ATM. The accused would then remove the jamming clip and take away the cash trapped inside the machine. To protect themselves while committing these crimes, the accused allegedly carried illegal firearms. Further investigation in the case is currently underway.

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