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‘It’s a human issue’: SC stays Uttarakhand HC’s order for eviction of over 4k families 

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The Supreme Court on Thursday stayed the Uttarakhand High Court direction for eviction of over 4,000 families from the railway land in Haldwani in the state’s Nainital district.

A bench of Justices Sanjay Kishan Kaul and Abhay S. Oka said: “There is a human angle to it”, and added there cannot be uprooting of several thousand people in seven days.

The bench also noted that it may not be correct to say that paramilitary forces have to be deployed to remove people, who have been living there for many decades.

The top court stayed the high court’s direction for eviction of families within a week and that their houses be demolished. It observed that a large number of people cannot be uprooted by using force without examining their occupancy rights, and emphasised that alternate arrangements would have to be made before uprooting people.

The petitioners claimed they are poor people who have been lawful residents of Mohalla Nai Basti and Line No 17 & 18, Banbhulpura (Azad Nagar), Haldwani for more than 70 years.

The top court issued notice to the Uttarakhand government and the railways on a batch of petitions filed against the judgment passed by a division bench of the high court on December 20, 2022.

During the hearing, the top court asked the railways to find a practical solution to the issue and stressed that many of the occupants have been residing there for decades, claiming rights on the basis of leases and auction purchases.

The bench said, “There are two aspects of the issue. One, they claim leases. Two, they say people migrated after 1947 and the lands were auctioned.”

Justice Kaul said that there are establishments on the land in question and questioned, “how can you say in seven days clear them off?”

Justice Oka noted that the people have been staying there for 50 years. He further added: “How do you deal with the scenario of people who have purchased the land in auction. You may acquire the land and utilise…”

Additional Solicitor General Aishwarya Bhat, representing the Railways, submitted that the land belongs to the Railways and several orders for eviction have been passed under the Public Premises Act.

Advocate Prashant Bhushan, representing some of the petitioners, submitted that they were ex-parte orders passed during the Covid period. Bhati contended that the petitioners claim the land as their own and that they have not sought rehabilitation.

The bench pointed out that the high court passed the order without hearing the affected parties. It added, “Find out some solution. It is a human issue…”

Justice Kaul added that the human issue arises from long periods of occupation and maybe all of them cannot be painted with the same brush. “Maybe there are different categories… Somebody will have to verify the documents,” he said.

Senior advocate Siddharth Luthra submitted that many petitioners had government leases executed in their favour.

Bhati said the land is gateway to the state and critical for its development and proceedings under the Public Premises Act were initiated, and no stay was granted on it.

After staying the high court direction, the top court scheduled the matter for further hearing on February 7, and asked the state government and the railways to find a “practical solution”.

Senior advocates Salman Khurshid, Colin Gonsalves, Luthra and advocate Bhushan represented the petitioners in the matter. One of the petitions was filed ‘Jan Sahyog Sewa Samiti’ through its President Salim Saifi and others against the high court order.

The petitioners have claimed that they are in possession of valid documents that clearly establish title and valid occupation. Also, the names of the local residents have been recorded in the municipal records in the house tax register and they are paying the house tax regularly. They said there are five government schools, one hospital, and two overhead water tanks in the area.

National News

Bihar: Minor girl raped in Sheikhpura; accused arrested

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A minor girl was allegedly raped after being offered a lift in Bihar Sheikhpura district, following which the accused abandoned her in an unconscious condition on the roadside and fled.

Police arrested the accused in neighbouring Lakhisarai district within 12 hours of the incident.

Addressing a press conference at the SDPO’s office on Saturday, SDPO Dr Rakesh Kumar said the incident took place on Friday evening when the student was waiting near the RD College turn after attending coaching classes.

According to the police, the accused, Amrit Kumar alias Amit Kumar, a resident of Jakhraj Sthan, arrived in his Scorpio SUV and offered to drop her home.

The girl reportedly insisted that he first speak to her family members before she got into the vehicle.

The accused tried calling them from his mobile phone, but they did not answer.

After he assured her that he would drop her home safely, the girl agreed to get into the vehicle.

However, instead of taking her home, the accused allegedly drove towards Madari Road, beyond the deserted Bhadaus turn, where he raped her inside the car.

He subsequently abandoned the girl near Jharkhand Mandir turn, close to Pachna village, while she was unconscious, and fled.

After managing to reach home, the girl and her family approached the police. A case was registered at the women’s police station the same night.

Following directions from Superintendent of Police Himanshu, a Special Investigation Team (SIT) was formed under the leadership of the SDPO.

The team included the Cyber DSP, Sadar SHO, SHO of the women’s police station and personnel from the technical cell.

Police traced the accused through the mobile number he had used to contact the girl’s family.

The number appeared on the family’s phone, providing investigators with a crucial lead.

Tracking its location, the team raided the residence of Munna Singh at Jamui Mor in Lakhisarai district and arrested Amrit Kumar late Friday night.

The accused was brought to Sheikhpura. Police also seized the Scorpio SUV allegedly used in the crime and two mobile phones.

Dr Kumar said the victim underwent a medical examination, while a Forensic Science Laboratory (FSL) team collected scientific evidence from the vehicle and the alleged crime scene.

“The case will undergo a speedy trial. The police administration will submit a chargesheet against the accused in court within 15 days,” the SDPO said.

Police said further investigation was underway.

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National News

PM Modi leads ‘National Unity Pledge’ at Ekta Nagar; BSF woman officer commands national flag guard

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Prime Minister Narendra Modi on Saturday led the National Unity Pledge at the Rashtriya Ekta Diwas celebrations at Ekta Nagar in Gujarat Narmada district, where participants vowed to uphold the country’s unity, integrity and security and contribute to safeguarding its internal security.

The pledge was administered during the ceremony at the Parade Ground, marking the 151st birth anniversary of Sardar Vallabhbhai Patel.

The audience was asked to stand, extend their right hands and repeat the oath after the Prime Minister.

“I solemnly pledge that I will dedicate myself to preserving the unity, integrity and security of the nation and also strive to spread this message among my fellow countrymen,” the pledge said.

It also acknowledged Sardar Patel’s vision and contribution to national integration, with participants resolving to contribute towards safeguarding the country’s internal security.

The ceremony concluded with the slogan “Bharat Mata Ki Jai”.

The proceedings began with the arrival of the national flag, for which the audience was asked to stand while uniformed personnel saluted.

The national flag guard was commanded by Assistant Commandant Mrudula Lingaraju described by the officials as the Border Security Force’s first woman parachute-trained officer.

The guard has led the national flag contingent at the National Unity Day parade for the fifth consecutive year.

Officials said the observance of Sardar Patel’s birth anniversary as Rashtriya Ekta Diwas was conceived to strengthen the spirit of national unity and reaffirm the commitment to building a strong and self-reliant India.

The programme also featured a presentation of the flags of Indian police forces, symbolising their commitment to internal security and their service to the country.

The presentation was directed by Lokesh Anand and Yogesh Solanki.

The annual celebrations at Ekta Nagar, near the Statue of Unity, commemorate Sardar Patel’s contribution to the integration of princely states after Independence.

The day is observed on October 31 to reinforce the message of national unity and integrity.

Saturday’s programme also included a march-past by police and security forces from different parts of the country, with a special focus on personnel involved in operations against Left-Wing Extremism and the Union government’s campaign for a ‘Naxal-free’ India.

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Crime

Couple, 5-month-old son killed as pickup truck hits motorcycle in MP Shajapur

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Three members of a family, including a five-month-old child, were killed when a speeding pickup truck collided with their motorcycle in Madhya Pradesh’s Shajapur district, police said on Saturday.

The deceased have been identified as Ajit Panwar, his wife Pooja Panwar and their five-month-old son Shivanshu. They were residents of Indra Colony in Ashta town of neighbouring Sehore district.

The accident occurred in the Salsalai police station area when the family was travelling from Bolai village towards Ayyapur for temple darshan.

According to preliminary investigation, a stray dog suddenly came in front of their motorcycle. Ajit, who was riding the two-wheeler, tried to avoid hitting the animal but lost control of the motorcycle, which swerved into the path of a pickup truck approaching from the opposite direction. The pickup truck hit the motorcycle with considerable force, leaving all three family members critically injured. The motorcycle was badly damaged in the collision. The injured were rushed to a nearby hospital, where doctors declared all three dead.

The family had left home on Saturday to visit a temple and offer prayers to mark the completion of five months of their son Shivanshu. However, they met with the fatal accident before reaching their destination.

“The family was going for temple darshan with their child when a stray dog suddenly came in front of their motorcycle. The rider tried to save the animal but lost control and collided with a pickup coming from the opposite direction,” a police official said.

The pickup driver fled the scene after the accident. Police seized both vehicles and registered a case against the unidentified driver for rash and negligent driving.

“Efforts are underway to trace the absconding driver with the help of CCTV footage and eyewitness accounts. The bodies have been sent for post-mortem examination, and further investigation is underway,” the official added.

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