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SC refuses urgent hearing on plea for direction for uniform divorce procedure

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The Supreme Court on Monday declined to urgently list a plea against the practice of Talaq-e-Hasan, under which a man can divorce his wife by pronouncing “talaq” once a month for three months, and all other forms of unilateral extra-judicial talaq.

Senior advocate Pinky Anand, representing a Muslim woman, mentioned the matter before a vacation bench of Justices Ajay Rastogi and B.V. Nagarathna.

As she submitted that two notices have already been sent to her client and sought urgent hearing in the matter, the bench asked the senior counsel to mention the matter before the court’s mentioning registrar.

Anand contended that the petition was filed at the beginning of this month and her client has been twice granted notices of divorce. “The lady is with a child. The first notice was given on April 19 and the second notice was issued on May 19,” she said.

At this, the bench said: “Make a request to the registrar and if he does not listen then come to us.”

Last week, Anand had mentioned the matter before a vacation bench headed by Justice D.Y. Chandrachud.

The plea, filed through advocate Ashwani Kumar Dubey, sought a direction to declare “Talaq-e-Hasan and all other forms of unilateral extra-judicial talaq”, unconstitutional for being arbitrary, irrational, and violative of Articles 14, 15, 21, 25 of the Constitution.

The plea also sought a direction to the Centre to frame guidelines for neutral uniform grounds of divorce and uniform procedure of divorce for all citizens.

The petitioner, who claimed to be a victim of “unilateral extra-judicial Talaq-e-Hasan”, also submitted a complaint to the Delhi Commission for Women in February this year and also lodged an FIR in April, but claimed that the police told her that Unilateral Extra Judicial Talaq-e-Hasan is permitted under Sharia.

The plea said: “The Muslim Personal Law (Shariat) Application Act, 1937, by providing for the application of Muslim personal law in matters relating to marriage where the parties are Muslims, conveys a wrong impression that the law sanctions Talaq-e-Hasan and all other forms of unilateral extra-judicial talaq, which is grossly injurious to the fundamental rights of married Muslim women and offends Articles 14, 15, 21 and 25 of the Constitution of India and the international conventions on civil and human rights.”

The plea contended that the Constitution neither grants any absolute protection to the personal law of any community, nor exempts personal laws from the jurisdiction of the legislature or the judiciary.

The plea argued that the practice of Talaq-e-Hasan and other forms of unilateral extra-judicial talaq is neither harmonious with the modern principles of human rights and gender equality, nor an integral part of Islamic faith.

“Many Islamic nations have restricted such practice, while it continues to vex the Indian society in general and Muslim women like the petitioner in particular. It is submitted that the practice also wreaks havoc to lives of many women and their children, especially those belonging to the weaker economic sections of the society,” it added.

Crime

Property dealer shot dead outside gym in Delhi Narela

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New Delhi, Sep 3: A property dealer was shot dead by three unidentified assailants outside a gym in north Delhi Narela on Thursday morning, officials said.

Police have said that they suspect the killing may be linked to an extortion attempt.

According to officials, the deceased has been identified as Pramod Dahiya, a resident of Haryana’s Sonipat district.

The incident took place at around 7 a.m. when the attackers allegedly arrived on a scooter, opened fire at Dahiya and fled the spot after the shooting, officials said.

They added that the murder seems to be connected to an extortion-related attempt.

Police teams have begun investigating the circumstances surrounding the incident and are examining CCTV camera footage from the area to identify the assailants and establish the exact sequence of events.

The body of the deceased has been sent for post-mortem examination. Police are currently investigating the case, while further details are awaited.

The Narela killing comes against the backdrop of a similar high-profile murder involving Haryanvi singer and YouTuber Ankit Baliyan, who was shot dead outside a gym in Shamli, Uttar Pradesh, on August 26.

Baliyan was attacked outside the gym by armed assailants, and investigators suspect that his murder was connected to a gang rivalry allegedly triggered by one of his songs. The case subsequently led to a major investigation by the Uttar Pradesh Police and Special Task Force.

According to the investigation, the Gogi gang is suspected to have orchestrated the killing of Baliyan.

On August 31, the Uttar Pradesh STF, along with the local police, shot dead two accused, identified as Sumit and Mohit, during an encounter. Both the suspected shooters were residents of Sonipat in Haryana and had previous criminal records.

Following the encounter, the Shamli Police announced a reward of Rs 1 lakh each for information leading to the arrest of the two remaining suspected shooters, identified as Satyam Kadyan and Aryan Sandhu.

The two accused are currently absconding, and efforts are underway to trace them.

The investigation into the Baliyan murder has also brought the name of Rakesh alias Pappu to the fore. He is suspected of being the mastermind behind the conspiracy and is currently lodged in Karnal Jail in Haryana.

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Crime

YouTuber Santosh Pandit arrested over obscene posts on Maha Minister Chandrakant Patil

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Pune, Sep 3: Social media influencer Santosh Pandit was arrested from his residence in Pune during the early hours of Thursday in connection with a case of posting obscene and sexually suggestive content targeting Maharashtra Minister Chandrakant Patil and Pune Municipal Corporation corporator Mitali Kuldeep Salvekar.

Pune Deputy Commissioner of Police (Zone 3), Sagar Kawade, told media that a case has been registered by Kothrud police against Pandit and he has been arrested in connection with the case.

The case was registered at around 1.28 a.m. on Thursday on a complaint filed by Sarika Ram Kamble, 36, a resident of Kothrud.

According to the complaint, Pandit allegedly uploaded objectionable posts and videos on his YouTube account, ‘@SantoshPandit6278’, targeting Chandrakant Patil and Mitali Salvekar.

One of the videos allegedly contained a remark that if Chandrakant Patil and Salvekar did not answer certain questions within two days, he would “parade” them. The complainant said the video had been viewed by around 4.53 lakh people.

In another video, Pandit allegedly used an obscene and sexually suggestive remark while referring to Maharashtra Chief Minister Devendra Fadnavis. According to the complaint, the post and video had received more than 12 lakh views.

The complainant further alleged that Pandit had circulated several posts and videos targeting Chandrakant Patil, using obscene language and gestures and making defamatory allegations against the minister.

The complaint also alleged that such content was circulated with the intention of attracting publicity, causing insult and creating misunderstanding and tension among people.

Kothrud police have registered the case under Sections 75(1)(iv), 75(3), 356(2) and 352 of the Bharatiya Nyaya Sanhita, 2023, and Section 67 of the Information Technology Act, 2000.

This is the second case registered against Pandit over alleged objectionable remarks concerning Chandrakant Dada Patil. An earlier case was registered at Deccan police station in connection with alleged offensive remarks against the minister.

Police have taken Pandit into custody, and further investigation is underway.

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Crime

SSB nabs man with 952 grams brown sugar near India-Nepal border

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Kolkata, Sep 2: The Sashastra Seema Bal (SSB) conducted a raid at a house near the India-Nepal border in the early hours of Wednesday and seized 952 grams of suspected brown sugar. The value of the narcotics could be more than Rs 40 lakh in the illicit market, officials said.

One person has been taken into custody in this connection.

“Around 5 a.m. on September 2, acting on specific information received from the intelligence setup of 41 Bn SSB, a joint operation was conducted by personnel of G Company, Bhatgaon, A Company, Nimuguri, and a team from Galgalia Police Station at the residence of Md Jalal (60), at Thika Toli, Galgalia, Kishanganj, Bihar. During the operation, 952 gms of suspected brown sugar was recovered in five packets from the house, with the help of a sniffer dog. A mobile detection kit verified it to be narcotics. A keypad mobile phone was also recovered from the accused,” a senior SSB official said.

During interrogation, Jalal allegedly disclosed that his son-in-law, named Md Shamshad Alam, is involved in the dealing of narcotics and the packets belonged to him. The police verified the facts and confirmed that Alam is a history sheeter and has been involved in several narcotics smuggling cases.

The seized packets, along with the accused and the phone, have been handed over to the Galgalia Police Station.

On August 30, a joint team of the SSB and police had apprehended a woman from Galgalia with 50 grams of brown sugar. She had revealed that her husband and son are involved in the drug trade.

Drug trafficking is rampant in the area close to the India-Nepal border. Criminals take advantage of the boundary between Bihar and West Bengal and the international border to carry out their nefarious activities, authorities said.

“Once they cross over into West Bengal, the Bihar Police have no jurisdiction and vice versa. The police have no jurisdiction close to the border, while the SSB can’t operate too far inside. The criminals are aware of this and take advantage,” another official said.

The unique nature of the border between India and Nepal also poses a problem for the enforcers. Citizens of both countries require no passports or visas to move across, and not everybody can be searched without a valid reason.

Cross-border trafficking of drugs also takes place. In the past, Indians have been apprehended in Nepal with drugs, while citizens of that country have been found in possession in India. The heavy tourist footfall in Nepal and the demand for banned substances is also an issue.

Officials suspect that several gangs operate in the area. Over time, better co-ordination has evolved between the various agencies, and there is regular information sharing. Intelligence networks have also been activated for information about criminals.

“Apart from maintaining vigil along the border, we co-ordinate with central and state agencies to prevent crime in the area. Locals are also regularly told to seek out help to keep the area crime-free for their own sake,” the SSB official added.

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