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SC judge recuses from hearing Bilkis Bano case, again

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Supreme Court judge Justice Bela M. Trivedi on Wednesday recused herself from hearing a clutch of petitions against the release of 11 convicts in the Bilkis Bano case.

A bench of Justices Ajay Rastogi and Trivedi took up the petitions filed by CPI-M leader Subhashini Ali, journalist Revati Laul, Lucknow University’s former Vice Chancellor Roop Rekha Verma, and Trinamool Congress MP Mahua Moitra, challenging the release of the convicts.

Advocate Rishi Malhotra, representing one of the convicts, vehemently argued that petitioners must prove their locus standi in the case. Advocates Vrinda Grover and Aparna Bhat, representing the petitioners, opposed Malhotra’s contention, saying that the stage of maintainability was crossed after the court issued notice on their plea.

Bilkis Bano was gang-raped and multiple members of her family were killed during the 2002 Gujarat riots.

Advocate Shobha Gupta, representing Bilkis Bano, contended that earlier Justice Trivedi had recused herself from hearing her client’s plea against the release of convicts.

At this juncture, the judges on the bench had a brief conversation. Justice Rastogi said that if Justice Trivedi had already recused from hearing the victim’s plea, she would like to recuse from hearing this matter also.

He further added that Bilkis Bano’s plea will be taken up as the lead matter and the rest of the writ petitions would be tagged along with it when the bench sits in a different combination of judges.

Senior advocate Siddharth Luthra and Malhotra requested the bench that rejoinder affidavits being filed by the petitioners should be served upon them. Justice Rastogi said everything should be shared among the parties.

Bhat submitted that pleadings in the matter are over, and the court may take up the petitions for hearing in February. The bench agreed to list the petitions in February.

Justice Trivedi, last month, had opted out from hearing a plea filed by Bilkis Bano against the release of 11 convicts. Like the previous occasion, no reason was assigned for recusal.

In the plea, Bilkis Bano said release of all the convicts came as a shock not only to the petitioner, to her grown-up daughters, to her family, but also to the society at large, nationally, and internationally.

“The premature release of all the convicts came as a shock not only to the petitioner, to her grown up daughters, to her family, but also to the society at large, nationally and internationally, and the society across segments had shown their anger, disappointment, distrust and protest to the clemency shown by the Government by releasing criminals like the 11 convicts of the case,” her petition said.

Terming the release order mechanical, the plea said the premature release of the convicts in much talked about case of Bilkis Bano, has shaken the conscience of the society and resulted in several agitations across the country.

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Death toll from overnight US airstrikes on Yemen’s capital rises to 3

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Sanaa, April 10: The death toll from fresh US airstrikes on Yemen’s capital Sanaa rose to three, with several others wounded, medics and health authorities told Xinhua.

The airstrikes targeted the Al-Nahdayn area which is surrounded by densely residential neighbourhoods on Wednesday late night.

Shrapnel hit many houses and shattered windows, causing damage and killing three residents. Several wounded civilians have been rushed to hospital.

This was the latest wave of US airstrikes on northern Yemen since the US military resumed airstrikes on the Houthi group on March 15 to deter the group from targeting Israel and US warships in the northern Red Sea.

The airstrikes also targeted several locations across other northern areas late on Wednesday, including the Red Sea port city of Hodeidah and the Island of Kamaran, where no casualties have been reported so far.

The US military has yet to comment, Xinhua news agency reported.

Earlier on April 9, Yemen’s Houthis said that they had shot down another US MQ-9 drone, the 18th since the start of the war in Gaza, the military group said.

“Our air defences shot down a US MQ-9 drone in the airspace of Al-Jawf province, using a locally manufactured surface-to-air missile,” the group’s spokesperson, Yahya Sarea, said in a televised statement aired by Houthi-run al-Masirah TV.

“This is the 18th US drone shot down by our air defences since October 2023,” Sarea said, referring to the timeframe when his group began launching attacks against Israeli targets to show solidarity with Palestinians a few days after the outbreak of war in Gaza on October 7, 2023.

The last MQ-9 was reportedly shot down by the Houthi forces on Thursday over the Red Sea port city of Hodeidah.

This type of drone has become well-known to Yemenis because it has been hovering overhead across northern Yemeni provinces almost daily since October 2023.

The Houthis, who control much of northern Yemen, have been launching regular rocket and drone attacks against Israel and disrupting “Israeli-linked” shipping in the Red Sea since November 2023 to show solidarity with Palestinians in the Gaza Strip amid their conflict with Israelis.

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SC quashes Gujarat Police FIR against Cong MP Imran Pratapgarhi

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New Delhi, March 28: The Supreme Court on Friday quashed an FIR registered in Gujarat against Congress Rajya Sabha member and poet Imran Pratapgarhi for allegedly disturbing social harmony.

Pronouncing its verdict, a bench of Justices Abhay S. Oka and Ujjal Bhuyan said that no criminal offence was made out and allowed Pratapgarhi’s plea to quash the complaint alleging that a video posted by the Congress leader on Instagram, which featured a poem, was inciting unrest and harming social peace.

“Even if a large number of persons dislike the views expressed by another, the right of a person to express the views must be respected and protected. Literature, including poetry, drama, films, satire, and art, enriches human life,” observed the Justice Oka-led Bench of the apex court.

After the Gujarat High Court had turned down Pratapgarhi’s plea to quash the FIR, he moved a special leave petition before the Supreme Court.

In an interim order passed on January 21, the Justice Oka-led Bench shielded Pratapgarhi from arrest as it issued a notice to the Gujarat government in the matter, and also, in the meantime, ordered that no coercive steps should be taken against the petitioner in any manner on the basis of the impugned FIR.

During the course of the hearing, the apex court raised questions over the registration of an FIR. “Please see the poem. It’s ultimately a poem. It is not against any religion. It is not against any particular community. Please apply your mind to the poem,” remarked the Justice Oka-led Bench.

The complaint against Imran Pratapgarhi dates back to January 3, when a complaint was filed at the Jamnagar police station by an advocate’s clerk. The complainant alleged that a video posted by Pratapgarhi on Instagram, which featured a poem, was inciting unrest and harming social peace.

Refusing to quash the FIR, the Gujarat HC stated that as a lawmaker, the Congress leader should have acted responsibly and respected the legal process. It further directed him to submit an affidavit clarifying the origin of the poem used in the video.

Pratapgarhi was asked to specify whether the poem was written by him or sourced from elsewhere, and if so, provide the details of its author.

He told the High Court that the poem in question was either written by the renowned poets Faiz Ahmed Faiz or Habib Jalib. He stated that he had found the poem through online sources, including Internet forums and chat rooms, but could not provide a definitive source.

He presented screenshots from an AI tool (ChatGPT) to support his claims. He argued that the poem, which promotes love and non-violence, was harmless and did not constitute a criminal act. However, the prosecution disagreed, asserting that as a parliamentarian, he had a responsibility to act with caution and not to incite public unrest through social media.

The police had issued a notice to Imran Pratapgarhi on January 4, asking him to appear on January 11, but he failed to cooperate with the investigation.

The Gujarat High Court highlighted that Imran Pratapgarhi’s action could not be defended simply based on his status as a public figure. His failure to appear before the authorities and his lack of clarity about the origin of the poem were key factors in turning down his petition. The Gujarat HC ultimately dismissed Pratapgarhi’s plea, reinforcing that lawmakers must uphold the law and act responsibly.

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Rana’s interrogation will expose ISI-Lashkar links in Mumbai attack, says Ujjwal Nikam

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Mumbai, Jan 25: Renowned Special Public Prosecutor of the 2008 Mumbai terror attacks, Ujjwal Nikam, has hailed the US Supreme Court’s decision to extradite Tahawwur Rana, an alleged conspirator in the 26/11 terror attacks, to India.

“This is a major victory for the Indian government,” Nikam stated while addressing the media on Saturday.

He explained that Rana’s appeal to the US Supreme Court, which argued against extradition citing his conviction in a Chicago court, was firmly rejected.

“The U.S. government opposed his petition, emphasising the need for him to face trial in India. The US Supreme Court’s decision paves the way for his extradition,” Nikam elaborated.

Talking about the potential impact of Rana’s interrogation, Nikam said, “This is an essential step forward. His questioning might unveil new dimensions of the Pakistan Army’s involvement in the 26/11 terror attack.”

Recalling his earlier interrogation of David Coleman Headley, a key conspirator in the Mumbai attack case, Nikam added, “Headley revealed the deep-seated collusion between Pakistan’s Inter-Services Intelligence (ISI) and Lashkar-e-Taiba. Similarly, Rana’s testimony could provide critical insights into the ISI-Lashkar nexus.”

Prominent political figures also commented on the development. Maharashtra BJP MLA Ram Kadam credited Prime Minister Modi’s effective foreign diplomacy for the extradition.

He said, “The path has been cleared to bring Tahawwur Hussain Rana to India. This is a major triumph for the country. His interrogation will once again expose Pakistan’s infamous role in global terrorism.”

Sanjay Raut of Shiv Sena (UBT), however, asked when other culprits would be brought to justice.

“This is a routine judicial process. While it’s commendable, we must also question the broader issue. When will other culprits like Nirav Modi, Dawood Ibrahim, and Tiger Memon be brought to justice? These matters cannot be overlooked.”

NCP (SP) leader Fahad Ahmad said, “While it is better late than never, we must focus on extracting as much information as possible from the accused. However, this should be a non-partisan effort, free from attempts to seek political credit or portray oneself as a hero. An investigation into the delays in handling this case is necessary to ensure such incidents do not recur in the future.”

Earlier, the US Supreme Court cleared Tahawwur Rana’s extradition to India, dismissing his review petition against the move, that is being seen as an outcome of President Trump assuming charge of the country.

Rana, a Canadian national of Pakistani origin, is wanted in the 2008 Mumbai terrorist attacks case. This was Rana’s last legal chance not to be extradited to India.

Rana on November 13 filed a “petition for a writ of certiorari” before the US Supreme Court which was denied by the top court, a day after Donald Trump was sworn in as the American President.

Rana, 64, is currently detained at the Metropolitan Detention Centre in Los Angeles.

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