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‘Politically motivated’, Bilkis Bano case convict to SC on plea challenging release of accused

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A convict in the Bilkis Bano case has told the Supreme Court that the petition challenging Gujarat government’s remission order is “speculative and politically motivated”.

The plea filed by Radheysham Bhagwandas Shah said: “This court not only on the ground of locus and maintainability, but also on the ground of such speculative and politically motivated petition, should dismiss the said plea with heavy hand and impose an exemplary cost so that such politically motivated petition by strangers are not encouraged in the future.”

The plea cited a number of the top court judgments, including Janata Dal vs H.S. Chowdhary (1992), Simranjit Singh Mann vs UOI (1992) and Subramanian Swamy vs Raju (2013), in which it was consistently held in clear terms that a third party who is a total stranger to the prosecution has no ‘locus standi’ in criminal matters.

The convict also referred to the apex court judgment dated May 13, 2022 on the merits of the case, which after hearing all the parties came out with a categorical judgment that only the Gujarat government’s policy of premature release would be applicable, which prevailed at the time of conviction and not a subsequent policy at the time of consideration of remission.

Shah was challenging the plea filed by former CPI-M MP Subhasini Ali, journalist Revati Laul and professor Roop Rekha Verma against the release of 11 men convicted for the gang-rape of Bilkis Bano and multiple murders during the 2002 Gujarat riots.

A similar plea was also filed by Trinamool Congress MP Mahua Moitra.

On September 9, the apex court had directed the Gujarat government to file all records, which formed the basis for granting remission to all the accused in the case. It directed the state government to file its response within two weeks and also asked advocate Rishi Malhotra, representing some of the accused, to file a response.

Shah’s plea contended that if such type of third-party petitions are entertained by the apex court, it would not only unsettle the settled position of law, but would also be an open invitation to any member of the public to jump in any criminal matter before a court of law.

Shah argued that the plea is nothing but a gross abuse of Article 32, as on one hand, the petitioners plead that they do not have the copy of the remission order and yet without ascertaining the reasons for grant of remission, the petitioners have sought quashing of the remission order.

It further argued that the apex court had categorically held that a total stranger in a criminal case cannot be permitted to question the correctness of a decision, and if that was to be permitted, any and every person could challenge a criminal prosecution/proceeding recorded day in and day out by courts even if the person convicted do not desire to do so and are inclined to acquiesce in the decision.

“Interestingly enough, neither the state nor the victim nor even the complainant has approached this court, and thus it is respectfully submitted that if such cases are sought to be entertained by this court, a settled position of law would certainly become an unsettled position of law,” Shah’s plea added.

National News

Supreme Court Sets January 21 For Final Hearing In Shiv Sena Symbol & Disqualification Case

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New Delhi: The Supreme Court on Wednesday said it will begin final hearing on January 21, 2026, the dispute between Uddhav Thackeray and Eknath Shinde group of Shiv Sena in relation to allotment of ‘bow and arrow’ election symbol and dismissal of disqualification pleas by Maharashtra Speaker against Shinde faction MLAs.

A bench of Justices Surya Kant and Joymalya Bagchi stated that it will first hear the case relating to a dispute between the Shiv Sena faction and then proceed to hear the disagreement involving the Nationalist Congress Party (NCP).

The Thackeray faction petitioned the Election Commission, assailing its February 2023 order, which awarded the party name and symbol to the faction led by Eknath Shinde, following the split in the Shiv Sena after the 2022 political crisis.

Thackeray’s camp has contended the dismissal of disqualification pleas by the Maharashtra Speaker against Shinde and his faction’s MLAs.

It also agreed to consider the petition filed by NCP (Sharad Pawar) against the ECI’s decision to allot the official symbol to NCP (Ajit Pawar).

Sharad Pawar’s group has also challenged the Election Commission’s order, passed in February 2024, which allowed the Ajit Pawar group to use the official ‘clock’ symbol.

Following a rift between the Sharad Pawar and the Ajit Pawar factions of the NCP, the Election Commission of India recognised Ajit Pawar’s party as the real NCP based on its legislative majority. It allotted the ‘clock’ symbol to it.

The top court had asked the Sharad Pawar faction to use the ‘Nationalist Congress Party-Sharadchandra Pawar’ name for the upcoming elections and the “man blowing turha” symbol.

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Crime

Interstate borders will be strictly monitored: Rajasthan DGP

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Jaipur, Nov 12: Director General of Police (DGP) Rajiv Kumar Sharma said on Wednesday that interstate borders will be strictly monitored to fight the drug cartels who are hell-bend on destroying the youth of the country.

The Rajasthan Police has also taken a significant stride toward its vision of a drug-free society, with the inauguration of the new headquarters of the Anti-Narcotics Task Force (ANTF) in Jaipur.

Director General of Police (DGP) Rajiv Kumar Sharma inaugurated the state-of-the-art facility at Jagatpura on Wednesday. The new office is expected to provide fresh impetus to the state’s intensified campaign against drug trafficking and substance abuse.

Addressing the media, DGP Rajiv Sharma highlighted the ANTF’s strengthened strategy to counter drug trafficking across the state.

He informed that 18 ANTF checkpoints are being established, out of which 10 are already functional. The task force, he said, will be equipped with advanced resources and technology to ensure a strong crackdown on the illegal drug trade.

He added that a coordinated approach has been launched involving central and state enforcement agencies to ensure a comprehensive fight against narcotics.

“Anti-drone systems have been deployed along interstate borders to curb drug smuggling, while the BSF and Rajasthan Police are jointly working to tighten border surveillance,” he said.

Sharma emphasised that while local police units will also participate in anti-drug operations, the ANTF will function as a dedicated and specialised force, devoting its full capacity to the mission.

He further warned that strict action will be taken against criminals who exploit minors for drug trafficking under the new legal provisions.

The inauguration began with a puja ceremony, followed by DGP Rajiv Sharma formally cutting the ribbon to open the ANTF headquarters.

Inspector General (IG) ANTF Vikas Kumar welcomed the DGP and gave him a detailed tour of various branches of the unit. He also presented an overview of the ANTF’s major operations and achievements to date.

In-charges of 10 operational ANTF checkpoints, including those in Sriganganagar, Jodhpur, Barmer, and Jalore, joined the event virtually and introduced themselves to the DGP.

The ceremony was attended by several senior officers, including DG Traffic Anil Paliwal and ADGs Dinesh MN, Hawa Singh Ghumaria, Bhupendra Sahu, VK Singh, Vishal Bansal, Bipin Pandey, Prashakha Mathur, and Lata Manoj Kumar, along with other senior police officials.

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Mumbai Press Exclusive News

Mumbai: Fake call center exposed, five arrested, used to fool American and Canadian citizens in the name of providing loans

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Mumbai: The Mumbai Police has claimed to have busted a gang of fraudsters in the Miland area who were duping American and Canadian nationals through a fake call center and charging them processing fees for obtaining bank loans. Senior Police Inspector Ajay Joshi of the Miland Police Station received information that a person named Sagar Gupta was running a call center with his four associates in a residential building in Miland and he was calling American and Canadian nationals for loans and then charging them $90-100 as processing fees for obtaining payday loans. The police raided the call center and seized two laptops, 11 mobile phones, two routers and other documents, arresting a total of five people. The police have registered a case under the IT Act and cheating against them and started investigation.

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