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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

Haryana IPS suicide: Punjab Scheduled Caste panel seeks report from Chandigarh DGP

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Chandigarh, Oct 11: The Punjab State Scheduled Castes Commission on Saturday took suo moto notice in the suicide case of Haryana’s ADGP Y. Puran Kumar in Chandigarh and sought a report from the Chandigarh Director General of Police.

Commission Chairman Jasvir Singh Garhi said this matter has come to his notice through the media, on which he has taken action and he has instructed the Director General of Police of Chandigarh to submit a report regarding this matter and the action taken so far on the suicide note and the complaint given by his wife Amneet Kaur through an ADGP-level officer to the commission on October 13.

Also, the Scheduled Castes Commission Chairman will visit the victim’s family’s house on October 13.

Meanwhile, Jai Narayan, a spokesperson for the 31-member committee for justice for Puran Kumar, told the media here that they formed this 31-member committee on Friday to sustain the movement across all over Haryana with key members from various regions.

“The government has not conducted any meaningful investigation, and we demand that at the very least, those responsible be terminated; only then will the post-mortem be performed,” he said.

Meanwhile, protests were held in Rohtak, demanding arrest of the accused in the suicide case. Inspector General of Puran Kumar, who allegedly shot himself dead at his Chandigarh residence on October 7 with his service revolver, left behind a “final note”.

The victim’s spouse, Amneet P. Kumar, a Haryana cadre senior bureaucrat, in a letter to Chief Minister Nayab Singh Saini has sought justice for her husband.

The letter, marked urgent and confidential, two days ago expressed anguish over what she described as a “grave injustice” and “complete administrative inaction” even after more than 48 hours of her husband’s death.

In a nine-page “suicide note”, Puran Kumar reportedly accused nine serving IPS officers of the Haryana Police, a retired IPS officer and three retired IAS officers of “caste-based discrimination”.

The serving officers included DGP Shatrujeet Singh Kapur and Rohtak Superintendent of Police Narendra Bijarniya.

Meanwhile, the government has removed Bijarniya from his post and has been replaced by Surinder Singh Bhoria as the Superintendent of Police of Rohtak.

No posting has been given to Bijarniya as of now. Congress Parliamentary Party chairperson Sonia Gandhi wrote a letter to the wife of late Haryana IPS officer, saying the incident “reveals that even the highest-level officers can be denied social justice on account of discriminatory attitude”.

“The passing away of Mr Y Puran Kumar reveals that even the highest-level officers can be denied social justice on account of the discriminatory attitude and the preconceived notions of the powers that be. Crores of Indians stand with you in your fight for justice,” she wrote.

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Crime

AI Misuse Horror In Pune: Woman’s Fake Nude Images Shared Online After BGMI Chat; Accused Nabbed From Mumbai

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Pimpri-Chinchwad: A shocking case has come forward in Pune’s Bavdhan area, as a young woman’s nude and obscene photos created with the help of AI were circulated on social media. Police have arrested a young man from the Mumbai area regarding this. The victim is a Master of Business Administration (MBA) student at a Pune-based college. All of this was done after the man met the woman through the Battlegrounds Mobile India (BGMI) game.

A 21-year-old woman, a resident of Bavdhan, has lodged a complaint at Bavdhan Police Station. Police have arrested Chirag Rajendra Thapa (21), a resident of Virar East, Mumbai. A case has been registered against him under the relevant sections of the Bharatiya Nyaya Sanhita (BNS) and the Information Technology Act, 2000.

According to Bavdhan Police, the accused and the victim became acquainted about a fortnight ago through the BGMI game. Professional gamers say that players can meet random people on BGMI and similar games through matchmaking, team lobbies, or voice chats. These games connect players from different regions for cooperative or competitive gameplay. In a similar way, the accused and the victim got connected.

Police further said that after a BGMI gaming session, the accused “slid into” the victim’s Snapchat and Instagram. They were talking on Instagram. However, around a week ago, the accused asked the victim out on a date and to be his girlfriend. She refused, citing that they had never met and she didn’t want a romantic relationship with the accused.

A police official told media “This angered the accused, and he created over 13 fake profiles in the victim’s name on Instagram. He started sending threats to the victim through them. As the victim didn’t budge, he made obscene and morphed nude photos of her with the help of AI and circulated them. He sent them to the victim’s family and friends. Not stopping there, he also went on to create similar images of her other lady friends, asking them to convince the victim to talk to him and accept his love proposal.”

The victim finally reached out to Bavdhan Police Station on Thursday. A case was registered. Through technical analysis and skilful investigation by the Detection Branch (DB) of Bavdhan Police Station, under the guidance of Senior Police Inspector Anil Vibhute, the accused’s location was identified. API Ambarish Deshmukh, PSI Bandu Marne, and Police Constables Arun Narale and Swapnil Sabale went to Karjat and arrested the accused, Thapa, from there.

Police said that they have secured three days of police custody of the accused. The investigation is ongoing, led by PI (Crime) Bhaskar Kadam.

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Crime

Mumbai: Real Estate Contractor Arrested In Alleged Multi-Crore Fraud Case

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Mumbai: In an interesting turn to an alleged fraud case, a real estate contractor who approached the Khar police against his partner became an accused himself and was arrested. Notably, the sessions court recently refused to even grant him bail, observing that the investigation has revealed that he, in fact, cheated 35 people with fake documents.

The court said that if the contractor, Syed Abi Ahmed, 53, is released, the “prosecution will suffer a lot”. Ahmed was arrested on August 25 on the direction of the Bombay High Court. As per the prosecution case, he had filed a complaint against Peer Mohammad Shaikh alias Babu and Babu’s sister Karima Mujid Shaikh alias Lady Don. It was claimed that in 2014, Ahmed bought a property spanning 2,860 sq ft in Santacruz from one Vijay Dhule by sale agreement which was notarised.

Claiming financial problems, Ahmed did not develop the property into a residential complex. On April 12, 2024, Babu approached him to develop the plot but by June wanted to break the partnership claiming losses. Ahmed claimed he returned Babu’s share of Rs1.60 crore collected from the 35 persons who had booked houses. In June that year, Babu gave up his rights on the flats in writing, with his role limited to constructing the building and handing it over to Ahmed.

In August 2024, Ahmed claimed Babu demanded more money which led to a dispute and also a scuffle, landing Ahmed in hospital for four months. Ahmed claimed that, in his absence, Babu sold flats on the first floor. The Khar police began investigating and found that the sale agreement of the alleged plot was forged. The probe revealed that the advocate whose name appeared as notary had passed away and his signature was forged. Besides, the investigating officer found that Ahmed had entered into an agreement with 35 persons.

The MoUs were allegedly attested by one Advocate Mustari, who denied signing the documents. Advocate for Babu, Tariq Khan, pointed out these findings while arguing for bail for Babu during the hearing on August 18. The court later ordered to implicate Ahmed, following which he was arrested. Ahmed sought bail, claiming that the documents were genuine. He also raised medical grounds for the bail, which the court refused, noting that “there is prima facie case” against him.

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