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SC issues contempt notice to UP’s DG Prisons for non-compliance on release of convicts

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The Supreme Court on Friday issued notice on a contempt plea filed against Uttar Pradesh Director General of Prisons for non-compliance with court’s earlier orders directing the state government to consider premature release of convicts, who have undergone more than 16 years of actual imprisonment and 20 years with remission.

Advocate Rishi Malhotra, representing the prisoners, submitted before a bench headed by Chief Justice D.Y. Chandrachud that due to inaction of the state, the petitioners continue to languish in jails despite categorial orders passed by the apex court. Malhotra stressed though most of the 48 petitioners have been granted permission for release, the remaining cases have not been considered.

In an order passed on March 14, 2022, the apex court directed the Uttar Pradesh government and the prison authorities to consider the case of the petitioners for premature release within 3 months from the date of the order as per the policy dated August 1, 2018.

After hearing arguments, the bench, also comprising Justice P.S. Narasimha, sought response from DG, Prisons. “Issue notice returnable on next Friday,” it said.

Malhotra stressed petitioners were continuing to languish in jail despite prison authorities recommending their premature release, which amounted to a violation of their fundamental right to life and liberty under Article 21.

“The petitioners continuous to languish in jail custody despite the order passed by this court which is nothing but clear infringement of their Fundamental Right guaranteed under Article 21 of the Constitution as well as illegal detention as the petitioners have already undergone much more than the prescribed sentence in judicial custody,” said the petition.

On January 5, the Supreme Court had asked the DG, Prisons, Uttar Pradesh, to file an affidavit in his personal capacity in connection with steps taken to grant benefits of remission to convicts.

The apex court, in a judgment in September last year, had issued several directions impacting remission of nearly 500 convicts undergoing life imprisonment in Uttar Pradesh.

The UP government on August 1, 2018, issued a remission policy for prisoners undergoing life imprisonment. According to the government, for a lifer to be considered for premature release, the prisoner should undergo 16 years of actual sentence and 4 years of remission – 20 years of total sentence. The policy was amended subsequently in July 2021, 16 years actual sentence and 4 years remission was not changed, but a rider was added that to be eligible the convict must be above 60 years.

The top court had said that all cases for premature release of convicts undergoing imprisonment for life should be considered in terms of the policy dated August 1, 2018. It added that the restriction that a life convict is not eligible for premature release until attaining the age of 60 years, which was introduced by the policy of July 28 2021, stands deleted by the amendment dated May 27, 2022. Hence, no case for premature release shall be rejected on that ground, it said.

It had said that there was no requirement for the convict to submit an application for premature release, and jail authorities must consider their cases automatically.

The top court had also said that district legal services authorities in Uttar Pradesh shall take necessary steps in coordination with the jail authorities to ensure that all eligible cases of prisoners who would be entitled to premature release in terms of the applicable policies, as noticed above, would be duly considered and no prisoner, who is otherwise eligible for being considered, shall be excluded from consideration.

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Elections for 23 ULBs in Andhra Pradesh to be held on November 26

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Polling for elections to 23 Urban Local Bodies (ULBs) in Andhra Pradesh will be held on November 26, the State Election Commission announced on Thursday.

The poll panel issued notification for elections to four Municipal Corporations and 19 Municipalities/Nagar Panchayats.

Elections to 100 ULBs were held on November 1 and their results have also been declared.

Elections for the remaining 23 ULBs could not be conducted due to court cases.

State Election Commissioner, Anil Chandra Punetha, said polling for the posts of Mayors and Chairpersons and Corporators and Ward Members of the ULBs will be held on November 26.

Re-polling, if any, will be conducted on November 27 while counting of votes will be taken up on November 27.

Elections will be held for the Mayors and Corporators of Srikakulam, Kakinada, Rajamahendravaram and Mangaiagiri-Tadepalli Municipal Corporations and chairpersons and ward members of 19 Municipalities/Nagar Panchayats.

The ULBs have a total of 1,009 wards including 269 in the four Municipal Corporations.

He said November 16 will be the last date of receipt of nominations while scrutiny will be taken up the next day. November 19 will be the last date for withdrawal of nominations.

These ULBs have a total of 24,98,152 voters. Polling will be conducted at a total of 2,801 polling centres.

The SEC directed District Collectors and Superintendents of Police to work in coordination to ensure that the local body elections across the state are conducted in a peaceful and transparent manner, without any untoward incidents.

He emphasised that the utmost priority must be given to maintaining law and order, ensuring robust police deployment, and implementing comprehensive security arrangements.

Speaking during a video conference, Commissioner Anil Chandra Punetha noted that in the past, violent incidents had occurred in certain sensitive districts during local body elections. He highlighted that, following interventions by the Supreme Court and the implementation of stringent security measures, there has been a significant positive shift in how these elections are conducted.

He further acknowledged that the recent MPTC and ZPTC elections, as well as the elections for Urban Local Bodies, were successfully managed through the collective efforts of the administrative and police machinery.

It was stated that the election process for the MPTC and ZPTC elections, as well as the first phase of elections for 100 ULBs, has already been completed. It was announced that the subsequent elections for MPP Presidents will be held on November 19, and for ZPP Chairpersons on November 20.

The Commissioner announced that Gram Panchayat elections in the state will be held in three phases. Notifications for the first, second, and third phases will be issued on November 13, November 16, and November 19, respectively.

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Sonia Gandhi’s memoir attempts to whitewash Congress’ Himalayan mistakes, misdeeds: BJP

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The BJP on Thursday launched a sharp attack on Congress Parliamentary Party (CPP) Chairperson Sonia Gandhi over her memoir, alleging that the book appears to be less of an autobiography and more of an attempt to cover up the “Himalayan mistakes and misdeeds” of the Gandhi family.

Speaking to media, BJP MP Tarun Chugh said, “Sonia Gandhi’s book appears to be less of an autobiography and more of an attempt to cover up the Himalayan mistakes and misdeeds of the Gandhi family. It seems that Maino’s Manohar Kahaniyan’, written by a ghostwriter, has been presented before the country. By describing the Emergency as merely a mistake, the book has covered up the arrest of lakhs of people, press censorship, the violation of the Constitution, the suppression of democracy and the transformation of the country into a prison. It is silent on the military operation at Sri Harmandir Sahib in 1984, the wounds of which are still fresh.”

Meanwhile, BJP Keralam President Rajeev Chandrasekhar criticised Sonia Gandhi over references in her book to the 1984 anti-Sikh riots, accusing her of attempting to shift responsibility for the atrocities.

Speaking about the memoir, Chandrasekhar said, “I have not read the book, but I have read a few excerpts on social media. She is trying to blame the Indian Army and General Vaidya for the heinous crimes committed against Sikhs in 1984. Now, Sonia Gandhi wants to whitewash history and give it a new colour. Indians will never fall for this or forget the crimes committed by the Congress party, particularly the 1984 genocide. She should have called the book ‘whitewashing’ rather than whatever else she has called it.”

BJP leader Manmeet Singh also questioned the omissions in Sonia Gandhi’s memoir, alleging that it failed to mention several controversies and scams associated with the Congress-led United Progressive Alliance (UPA) government.

He said, “Sonia Gandhi calls herself the Super PM. She used Manmohan Singh as a front. Although Manmohan Singh held the post of Prime Minister, everything in the party and the country was run according to Sonia Gandhi’s wishes. We want to ask Sonia Gandhi why she has mentioned the good work she did in her book, ‘The Belonging’, but forgot to mention the scams. She has not mentioned the National Herald, Bofors or 2G scams, or the scams that took place in the country during the UPA government. She should also tell the public about these scams and explain why she is no longer in power…”

BJP leader Mukhtar Abbas Naqvi also questioned the nature of the memoir, saying it appeared to be more of a political commentary than a personal account.

“Her book appears to be more of a political satire than a personal memoir. When a personal memoir appears to be political satire, and an individual’s account raises political controversies and questions, it naturally gives rise to several questions…” he said.

Meanwhile, reacting to the controversy surrounding the portrayal of former Bihar Chief Minister Nitish Kumar in Sonia Gandhi’s book, Janata Dal (United) National Spokesperson Rajiv Ranjan said it reflected the Congress leadership’s frustration.

Ranjan said, “In fact, this reflects the Congress leaders’ frustration over the objectionable portrayal of Nitish Kumar in Sonia Gandhi’s book. Sonia Gandhi suggested that Nitish Kumar was looking for excuses to leave the INDIA bloc and that his proximity to the BJP was the reason behind his decision.”

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AIMIM-ASP alliance will have no impact, says BJP, SP; Congress says fight is between PM Modi and Rahul

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The BJP, the Samajwadi Party (SP), the Congress, and the Rashtriya Lok Dal (RLD) on Thursday made light of the prospects of the AIMIM-Azad Samaj Party (ASP) alliance for the upcoming Uttar Pradesh Assembly election.

While BJP leaders dismissed the alliance, claiming that it would not affect their political position, Samajwadi Party leaders maintained that the people of Uttar Pradesh had already decided to remove the BJP government.

Meanwhile, the Congress said that the main political contest is between Prime Minister Narendra Modi and Leader of the Opposition in the Lok Sabha, Rahul Gandhi.

Speaking to media, Uttar Pradesh Minister Girish Chandra Yadav said: “Let them (the new alliance) contest on 200 seats; it is not going to have any impact on us, the Bharatiya Janata Party. And no alliance or front can stop the BJP. We want to remind you that in 2022, the Samajwadi Party had taken out a Vijay Yatra; they set out with a Vijay Rath. The Vijay Rath itself got punctured, and the BJP formed the government with more than a two-thirds majority. So, in 2027 as well, under the leadership of the illustrious Chief Minister of Uttar Pradesh, a BJP government will be formed; no one on earth can stop it.”

Shiv Sena leader Shaina N.C. questioned the electoral performance of AIMIM chief Asaduddin Owaisi and Azad Samaj Party-Kanshi Ram chief Chandrashekhar Aazad in the previous Assembly elections.

“Asaduddin Owaisi contested 100 seats in 2022. How many did he win? Zero. Chandrashekhar Azad contested 33 seats in 2022. How many did he win? Zero. Zero means zero, and this time too, zero means zero. Those who engage in politics based on caste and religion should understand that people will not vote based on Muslim, Yadav, OBC or Dalit identities…” she said.

BJP MLA Ram Kadam said that forming an alliance and contesting elections together was a democratic right. However, he questioned the development agenda of the two parties.

“It is their personal decision whether Asaduddin Owaisi and Chandrashekhar Azad choose to make an announcement together at a press conference in Uttar Pradesh. However, forming an alliance and contesting elections together is a democratic right. Both parties have acknowledged that they cannot fight the BJP alone and are therefore seeking each other’s support. Even if they come together, what is their agenda for Uttar Pradesh’s development, education and law and order? What concrete plans do they have? Is their only objective to protect each other’s political interests and create political equations?” he asked.

BJP leader Mukhtar Abbas Naqvi also dismissed the political significance of the alliance, saying: “…They all know that there is no political space for them… But let them do it. They keep doing these things for a little happiness and self-satisfaction…”

On the other hand, Samajwadi Party MP Awadhesh Prasad asserted that the people of Uttar Pradesh had made up their minds to defeat the BJP and bring the SP-led alliance to power.

“The people of the state have firmly resolved that if any party has the strength to remove the Bharatiya Janata Party (BJP), it is solely the Samajwadi Party, PDA, the INDI Alliance, and its leader Akhilesh Yadav. They have resolved this; it has been decided. So, as for anyone meeting one another, whatever meetings they hold, the public knows very well who they are meeting for and who they are meeting to help win; the public knows. Now, the public is no longer under any illusion,” he said.

SP spokesperson Udayveer Singh said that parties were free to form alliances according to their political convenience and understanding, adding that the primary objective of his party was to remove the BJP government from power.

“Certainly, it is election time, so all parties are forming alliances according to their convenience and understanding. This party is also forming one; they are welcome, and they will form their own alliance. We are also in our own alliance, and our objective is to uproot and throw out the Bharatiya Janata Party government. So, certainly, the people of the state have to decide who is fighting against the Bharatiya Janata Party in what manner at such a time…” he said.

RLD leader K.C. Tyagi, meanwhile, said that the alliance would not affect the NDA’s electoral prospects but could make the election campaign more competitive.

“This will have no impact on the NDA’s success or its agenda. However, I believe their presence will bring more excitement and aggression to the election campaign,” he said.

SP MP Jitendra Kumar Dohare also dismissed the possibility of the AIMIM-ASP alliance affecting his party’s prospects, alleging that both parties were working in the BJP’s interest.

“There will be no harm. There will be no harm from these people. As I told you, they are the BJP’s ‘B-team,’ so why would people want to vote for the BJP’s people? No, not at all; it will be a completely one-sided election in favour of the Samajwadi Party. The Samajwadi Party was respected Netaji’s party, and it is Akhilesh Yadav’s party. Everyone wants to see, and everyone wishes, ‘May I get business, may I get employment, may I get a job’…” he said.

Dohare further alleged that Owaisi and Chandrashekhar were working in coordination with the BJP to weaken the Samajwadi Party.

“You must have heard Owaisi’s speeches, and you must have heard Chandrashekhar’s speeches as well. Both of them are the BJP’s ‘B-team,’ and the public has come to realise this too. Because there is no trust in them, whenever you look at the past elections, whether it was the Assembly elections or the Lok Sabha elections, nobody wants to give their vote to Chandrashekhar Ravan. Because they work in collusion with the BJP; they are hand-in-glove with the BJP. Owaisi too; both of them together want the Samajwadi Party to suffer losses…” he said.

Congress MP Imran Masood, meanwhile, said that the political contest was primarily between the two leading national figures, Rahul Gandhi and Narendra Modi.

“…The fight is clearly between Rahul Gandhi and Narendra Modi. There is no middle ground…” he said.

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