Nagaland Lynching: Questions Raised Over Killing of Alleged Rapist, Brother Cries Foul

March 7, 2015

Dimapur(Nagaland), Mar 7: Jamal Uddin Khan, the brother of the man lynched in Nagaland's Dimapur on Thursday, has claimed that medical reports have shown that the woman who had filed a rape complaint against his brother had not been sexually assaulted.dimapur

Speaking to media, he alleged that his brother, Syed Sarif Uddin Khan, had been made a scapegoat and framed by Naga groups, and claimed that the police were hand in glove in the incident.

"Is the Nagaland government running a jungle raj? The girl who filed the rape complaint was my brother's wife's cousin. Nagaland police have said that the medical reports say she was not raped," said Jamal Uddin Khan to reporters.

"There are multiple members of our family serving in the Army. How could they have killed him claiming he was Bangladeshi? My brother was made a scapegoat," he added.

Jamal Uddin Khan said he and another brother, Kamal Khan, are currently serving in the Indian Army's Assam regiment. Yet another brother, Iman Uddin Khan, too had been in the Army, and had been killed in the Kargil conflict in 1999. Their father, Syed Hussain Khan, had retired from the Indian Air Force, and their mother continues to draw his pension. Jamal Uddin Khan claimed that his family hailed from Assam's Karimganj District.

A number of questions have been raised over the events leading to the lynching. These include questions over the unavailability of a medical report to confirm the rape of the Naga woman, for which Syed Sarif Uddin Khan had been charged. Other questions surround to the Nagaland police not confirming the whereabouts of the alleged rape victim and why police had initially claimed that Syed Sarif Uddin Khan was an illegal Bangladeshi immigrant.

Syed Sarif Uddin Khan had been lynched by a mob on Thursday. The 2000-strong mob had broken into the Central prison in Dimapur, where he was in judicial custody on rape charges, paraded him naked through the town, beat him to death and hung his body from a clock tower.

Naga civil society groups have condemned the lynching. They also attacked both the Centre and state governments, alleging that they were apathetic to their growing concerns over illegal migrants in the region. They also said they still suspect that Syed Sarif Uddin Khan was an illegal immigrant.

"We resent the Assam government's vote bank politics. Anyone can procure documents for citizenship proof for even 50 rupees, and even manage a job here. We strongly suspect Khan to be an illegal migrant, even if he has a (documentary) proof," said Joel Naga, general secretary of Naga Council, a civil society group.

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News Network
May 4,2020

New Delhi, May 4: Rebutting the Congress' criticism, the BJP said on Monday that the railways has subsidised 85 per cent of ticket fare for special trains being run for migrant workers and the state governments have to pay the remaining 15 per cent.

The ruling party also accused the Congress of promoting indiscriminate movement of people which, it said, would lead to "faster spread" of coronavirus infection "just like we saw in Italy", and asked if this is what Sonia Gandhi wants.

The counter-charge from BJP leaders, including its spokesperson Sambit Patra and information technology department in-charge Amit Malviya, came after Congress president Sonia Gandhi hit out at the central government for making migrants pay for their train fare and asked her party's state units to pick the tab.

Congress leader Rahul Gandhi also took a swipe at the railways, saying, on one hand, it is seeking ticket fare from people stranded in various states while on the other it is donating Rs 151 crore to the PM-CARES Fund.

Responding to him, Patra said, "Rahul Gandhi ji, I have attached guidelines of MHA which clearly state that 'No tickets to be sold at any station'. Railways has subsidised 85% & state govt to pay 15%. The state govt can pay for the tickets (Madhya Pradesh's BJP govt is paying). Ask Cong state govts to follow suit," Patra tweeted.

The BJP leader further clarified that for each 'Shramik Express', special trains being run for migrants to take them back to their native places during the lockdown, about 1,200 tickets to the destination are handed by the railways to the state government concerned.

State governments are supposed to clear the ticket price and hand over the tickets to workers, he said.

He said the BJP government in Madhya Pradesh is doing so and asked Rahul Gandhi to tell the Congress-ruled states to follow suit.

Hitting out at Sonia Gandhi, Malviya tweeted, "Congress is obviously upset at how well India has handled Covid. They would have ideally wanted a lot more people to suffer and die. Promoting indiscriminate movement of people would lead to faster spread of infection, just like we saw in Italy. Is this what Sonia Gandhi wants?"

BJP MP Subramanian Swamy claimed that migrant workers returning home will not have to pay money as the rail travel will be free from now onwards.

"Talked to Piyush Goyal office. Govt will pay 85% and State Govt 15%. Migrant labour will go free. Ministry will clarify with an official statement," he tweeted.

BJP Congress Coronavirus COVID-19 Coronavirus lockdown Italy Sonia Gandhi Rahul Gandhi Sambit Patra Amit Malviya Subramanian Swamy Piyush Goyal

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News Network
January 1,2020

Jan 1: The ban on the practice of instant triple talaq, making it a penal offence and the increase in the strength of Supreme Court judges were two of the major achievements of the law ministry in 2019.

In July, Parliament gave its nod to The Muslim Women (Protection of Rights on Marriage) Bill, 2019. The new law makes talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband void and illegal.

It makes it illegal to pronounce talaq three times in spoken, written or through SMS or WhatsApp or any other electronic chat in one sitting.

According to the new law, any Muslim who pronounces the illegal form of talaq upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

During the year, four new judges were appointed to the Supreme Court in September, taking its strength to 34, the highest-ever.

However, vacancies in high courts and lower courts are on the rise and convincing state governments and the 25 high courts to come on board to create an all-India judicial service to recruit judges for the subordinate courts tops the agenda of the Law Ministry in 2020.

Besides creating a consensus on setting up the All-India Judicial Services, the ministry will also have to focus on filling up vacancies in the high court. On an average, the vacancies stood at 400 throughout this year.

With more than 5,000 positions of judicial officers in district and subordinate courts lying vacant, the Law Ministry has pitched for setting up all-India judicial services.

The sanctioned strength of the judicial officers in district and subordinate courts was 22,644. The number of judicial officers in position and vacant posts is 17,509 and 5,135, respectively.

The government has proposed that while states and high courts can recruit judicial officers, the Union Public Service Commission (UPSC) can hold pan-India entrance tests.

The ministry has made it clear that such services would not encroach on the powers of the states.

As of now, the selection and appointment of judges in subordinate courts is the responsibility of the high courts and state governments concerned.

The Narendra Modi government has given a fresh push to the long-pending proposal to set up the new service to have a separate cadre for the lower judiciary in the country.

But there is a divergence of opinion among state governments and respective high courts on the constitution of the All India Judicial Service (AIJS).

One of the problems cited is that since several states have used powers under Code of Criminal Procedure (CrPC) and Code of Civil Procedure (CPC) to declare that the local language would be used in lower courts even for writing orders, a person say selected from Tamil Nadu may find it difficult to hold proceedings in states like Uttar Pradesh and Bihar.

The other point of opposition is that an all India service may hamper the career progression of state judicial services officers.

Another key issue the ministry has to handle in 2020 is vacancies in the 25 high courts.

Throughout 2019, on an average, the high courts faced a shortage of 400 judges.

According to Law Ministry data, as on September 1, the high courts had 414 vacant positions as compared to the sanctioned strength of 1,079 judges. The figure was 409 in August and 403 in July, as per the data.

A three-member Supreme Court collegium recommends the names of candidates for appointment as high court judges. In case of appointments to the Supreme Court, the collegium consists of five top judges of the top court.

High court collegiums shortlist candidates for their respective high courts and send the names to the law ministry.

The ministry, along with background check reports by the Intelligence Bureau, forwards it to the Supreme Court collegium for a final call.

The government has maintained that appointment of judges in the high courts is a "continuous collaborative process" between the Executive and the Judiciary, as it requires consultation and approval from various Constitutional authorities.

Vacancies keep arising on account of retirement, resignation or elevation of judges and increase in judges' strength. In June last year, the vacancy position stood at 399, while it was 396 in May.

In April, 399 posts of judges were vacant, while the figure was 394 in March. The vacancy position in February stood at 400 and in January, it was 392, according to the data collated by the Department of Justice.

Over 43 lakh cases are pending in the 25 high courts.

Another priority would be the finalisation of the memorandum of the procedure to guide the appointment and transfer of the Supreme Court and high court judges. The issue had now been pending for over two years now with the SC collegium and the government failing to reach a consensus.

Successive governments have also been working on making India a hub of international arbitration. It has taken several steps to change laws dealing with commercial disputes.

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News Network
January 18,2020

Jan 18: To mark the 30th anniversary of the mass exodus of Kashmiri Pandits from the Valley, members of the community took to social media to post videos of themselves by narrating the "Hum Aayenge Apne Watan" dialogue from an upcoming flick, 'Shikara', with the hope that they would return to their homeland one day.

On January 19, 1990, lakhs of Kashmiri Pandits were forced to leave their homes in the Valley following a genocidal campaign launched by the terrorists.

Theatre actor Chandan Sadhu participated in the campaign and said that Kashmiri Pandits have shown "unimaginable resilience" and hope to return to the Valley soon.

"As Kashmiri Pandits complete 30 years in exile this weekend, let our cry for justice be finally noticed. We have shown unimaginable resilience, and today we resolve to return home. Kashmiri Pandit friends: please record this video statement and put it up with #HumWapasAayenge," Sadhu tweeted.

The #HumWapasAayenge is trending on Twitter as more and more Kashmiri Pandits joined in the campaign to narrate the "Hum Aayenge Apne Watan" dialogue and a pledge to return to their homes.

Noted political commentator Sunanda Vashisht tweeted a throwback image of herself and said that resolve to go back home has strengthened more.

"I don't have many pictures left of my childhood. Choosing between life and family albums is really no choice at all. When lives were rescued, family albums got left behind. 30 years have passed. Resolve to go back home has only strengthened. #HumWapasAayenge," she tweeted.

Radio personality Khushboo Mattoo tweeted a video repeating the dialogue from Shikara and tweeted, "Said this in a BBC interview three years back. And I am saying it again #HumWapasAayenge #Shikara."

Journalist Rahul Pandita also took to his Twitter and captioned his post saying, "30 years of exile from Kashmir. Let us now pledge that we will return home."

'Shikara' chronicles the exodus of Kashmiri Pandits from the Valley on the night of January 19, 1990. Helmed by Vidhu Vinod Chopra, the movie is slated to release on February 7.

Netizens have supported the initiative and have expressed solidarity with the Kashmiri Pandits.

In July last year, Home Minister Amit Shah said in the Rajya Sabha that the central government is committed to bringing Kashmiri Pandits and Sufis back to the Valley saying a time will come when they will offer prayers at the famous Kheer Bhawani temple.

"Kashmiri Pandits were forced to leave Kashmir. Many of their shrines were demolished. Sufism was targeted in Jammu and Kashmir. Sufism used to talk about unity and harmony but they were attacked. No voice was raised in favour of Kashmiri Pandits and Sufis when they were brutally attacked. Sufis used to talk about the unity among Hindus and Muslims but they were forced to leave the Valley. Narendra Modi-led government is committed to bringing back Kashmiri Pandits, he had said.

The Mata Kheer Bhawani temple is one of the holiest shrines of Kashmiri Pandits, located about 14 kilometres east of Srinagar.

Last September, a delegation of the Kashmiri Pandit community met the Prime Minister in Houston and thanked him for the historic decision to abrogate Article 370 that gave special status to Jammu and Kashmir.

Modi acknowledged the hardships endured by the community following their exodus from their ancestral homeland back in 1989-1990 due to militancy.

"You have suffered a lot, but the world is changing. We have to move ahead together and build a new Kashmir," the Prime Minister had told the delegation.

"I had a special interaction with Kashmiri Pandits in Houston," Modi had tweeted following the interaction.

In October, Union Minister Prakash Javadekar announced that the Centre has decided to provide compensation of Rs 5.5 lakh each to 5,300 displaced families from Pakistan-occupied Kashmir (PoK), who initially opted to move outside Jammu and Kashmir but later on returned.

These families were earlier left out in the rehabilitation package that was approved by the Cabinet on November 30, 2016.

The Prime Minister had announced a reconstruction plan for Jammu and Kashmir in November 2016. His plan included a rehabilitation package for a one-time settlement of 36,384 displaced persons' (DPs) families of PoK-1947 and Chhamb.

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