HC gives day’s time to police for instruction on Zargar's bail plea in UAPA case

News Network
June 22, 2020

New Delhi, Jun 22: The Delhi Police Monday urged the Delhi High Court to grant them a day’s more time for seeking instructions on a plea by Jamia student Safoora Zargar, who was pregnant and arrested under the anti-terror law --UAPA--, seeking bail in a case related to communal violence in northeast Delhi during protests against the Citizenship Amendment Act in February.

Justice Rajiv Shakdher, who conducted the hearing through video conferencing, allowed the request after Zargar’s counsel said she has no objection to it and listed the matter for Tuesday.

Zargar, M Phil student of Jamia Millia Islamia University, is more than four months pregnant.

During the hearing, Solicitor General Tushar Mehta, representing the Delhi Police, sought a day’s time to take instructions on the issue and said it will be in “larger interest” if he is given indulgence.

Additional Solicitor General (ASG) Aman Lekhi also joined Mehta and said they are ready with the arguments on merits of the case but they do not intend to proceed on merits at this stage.

Advocate Nitya Ramakrishnan, appearing for Zargar, said the woman is in a delicate state and is in a fairly advanced stage pregnancy and if the police need time to respond to the plea, she be granted interim bail for the time being.

The high court asked Solicitor General (SG) Tushar Mehta to come back with instructions on Tuesday.

The police has also filed a status report in response to the bail plea.

Jamia Coordination Committee member Zargar, who was arrested by the Special Cell of Delhi Police on April 10, has challenged in the high court the June 4 order of the trial court denying her bail in the case.

The hearing in the high court also witnessed exchange of words between Mehta, Lekhi on one side and Delhi government standing counsel (criminal) Rahul Mehra who objected the appearance of the two senior law officers on behalf of Delhi Police in the case.

Mehra contended that unlike another North East Delhi violence matter in which requisite approval was sought by the Delhi Police to be represented by a team of lawyers led by the Solicitor General, no such procedure was followed in this case.

"They know that my view in such cases will be more humanitarian and not as per their whims and fancies. I am not supposed to be the mouth piece of the Delhi Police, I am an officer of the court," he said.

Lekhi shot back "a client chooses the lawyer and a lawyer cannot impose himself on the client.

He said this controversy would deviate the court from the issue in hand and Mehra's objection can be kept aside in this case.

The high court concluded the hearing, asking the counsel for Delhi Police to sort out their battles by tomorrow.

 The trial court, in its order, had said “when you choose to play with embers, you cannot blame the wind to have carried the spark a bit too far and spread the fire.”

It had said that during the course of investigation a larger conspiracy was discernible and if there was prima facie evidence of conspiracy, acts and statements made by any one of the conspirators, it is admissible against all.

The trial court had said that even if there was no direct act of violence attributable to the accused (Zargar), she cannot shy away from her liability under the provisions of the Unlawful Activities (Prevention) Act (UAPA).

However, the trial court had asked the concerned jail superintendent to provide adequate medical aid and the assistance to Zargar.

The police had earlier claimed that Zargar allegedly blocked a road near Jaffrabad metro station during the anti-CAA protests and instigated people that led to the riots in the area.

It further claimed that she was allegedly part of the “premediated conspiracy” to incite communal riots in northeast Delhi in February.

Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and scores injured.

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Agencies
July 21,2020

The Retailers Association of India (RAI) has said that ad hoc lockdowns by state governments are impacting the businesses of already-stressed retailers, along with hurting the economic revival of the country.

In a statement, the body of the organised retail industry said that the long road to recovery for the Indian retail industry continues to meet stumbling blocks with numerous restrictions being imposed at the state and local levels.

"Total lockdowns in some places and limited operational hours and days in several others are creating setbacks for retailers as the already stressed retail businesses are getting further interrupted and in turn, dampening consumer sentiment," it said.

According to RAI, although the intentions are that of citizen safety and social distancing, the recent instances of local lockdowns and ad hoc restrictions being imposed in Uttar Pradesh, Maharashtra, Andhra Pradesh and Karnataka are having a distressing impact on retail businesses.

Retailers are already facing huge setbacks in terms of payment of wages and rentals due to very low sales of about 40 per cent as compared to last year, thanks to the extended lockdown, it said.

Contesting the restrictions on operating hours, Sandeep Kataria, CEO, Bata India said: "Restricted shopping time can lead to unnecessary overcrowding of stores, which is unfavourable towards the personal safety of both store staff and customers. Longer operational hours will support recovery for retailers as well as help adhering to social distancing norms."

Arvind Mediratta, MD and CEO, METRO Cash & Carry India said that these lockdowns will create severe inconvenience for all citizens as they also bar operations of food and grocery retail and wholesale stores.

Such hastily-implemented decisions by states undermine investor confidence and would come in the way of making the country "aatmanirbhar" or self-reliant, he said.

Voicing the concerns of retailers, the RAI has submitted representations to various state and local authorities that puts forth recommendations to get businesses and life of consumers on the track to recovery.

It has said that authorities should mandatorily allow essential shops including kiranas, general trade shops, supermarkets, hypermarkets and wholesalers to operate every day of the week until 9 p.m. to cater to the daily needs of the customers.

It has also sought ensuring uniform and regular opening of all categories of retail for full working hours while following stringent hygiene practices and adhering to social distancing norms. This will help avoid overcrowding outside stores as demand will get distributed over all days of the week, it said.

The industry body has also asked the local authorities to open malls in all states. Malls can ensure a safe shopping experience wherein safety measures are taken by both, the mall authorities and the retailers, it said.

Kumar Rajagopalan, CEO, RAI, said: "The need of the hour is concerted efforts by all stakeholders. While retailers are doing their bit by following stringent hygiene practices, the policymakers too need to support to ensure economic revival across the country. Consumption is important for the country and supports the business environment."

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News Network
January 31,2020

New Delhi, Jan 31: Slamming the BJP over the Jamia firing incident, Congress leader Priyanka Gandhi Vadra on Friday said such incidents were possible with the ruling party's leaders inciting people to shoot, and asked Prime minister Narendra Modi to answer whether he stands with violence or non-violence.   

Her attack on the government comes a day after tensions in the Jamia area spiralled on Thursday after a man fired a pistol at a group of anti-CAA protesters, injuring a student, before walking away while waving the firearm above his head and shouting "Yeh lo aazadi" amid heavy police presence in the area.

"When the BJP government ministers and party leaders incite people to shoot, give provocative speeches, then all this becomes possible. The Prime Minister should answer what kind of a Delhi he wants to build?" Priyanka Gandhi said in a tweet in Hindi.

Does the PM stand with violence or non-violence, she asked.

"Does he stand with development or with anarchy?" the Congress general secretary said.

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News Network
March 7,2020

Srinagar, Mar 7: Two more accused, including a man who allegedly bought chemicals online for making improvised explosive device (IED) to be used in an attack on a convoy of the Central Reserve Police Force (CRPF) in Jammu and Kashmir's Pulwama last year, were arrested by the National Investigation Agency (NIA) on Friday, an official said.

The terror attack left 40 CRPF personnel dead in south Kashmir's Pulwama last year.

Waiz-ul-Islam, 19, from Srinagar and Mohammad Abbass Rather, 32, from Pulwama were arrested by the NIA, taking the number of those arrested in the case in the past week to five.

"During initial interrogation, Islam disclosed that he used his Amazon online shopping account to procure chemicals for making IEDs, batteries and other accessories on the directions of Pakistani Jaish-e-Mohammed (JeM) terrorists," the official said.

He said Islam personally delivered the items to the JeM terrorists after buying them online as a part of the conspiracy to carry out the attack.

"Rather is an old overground worker of the JeM. He has disclosed that he gave shelter at his home to Jaish terrorist and IED expert Mohd Umar after he came to Kashmir in April-May 2018," the official said.

Rather also sheltered other JeM terrorists - suicide bomber Adil Ahmad Dar, Sameer Ahmed Dar and Kamran, a Pakistani -- at his house before the Pulwama attack, the official said.

"He also facilitated safe shelter for the JeM terrorists, including Adil, at the house of accused Tariq Ahmed Shah and his daughter Insha Jan of Hakripora, who were arrested on March 3," the official said.

He said Islam and Rather will be produced before the NIA special court in Jammu on Saturday, while further investigation in the case continues. The NIA took over the case to probe the conspiracy behind the February 14, 2019, attack in Pulwama.

The last video of Adil, which was released by the JeM from Pakistan after the terror attack, was filmed at the home of Tariq Ahmed Shah. On February 28, the NIA achieved a major breakthrough in the case when it arrested 22-year-old Shakir Bashir Magrey, a furniture shop owner and resident of Pulwama.

Magrey had given shelter and other logistical assistance to suicide bomber Adil. He was introduced to Adil in mid-2018 by Pakistani terrorist Mohammad Umar Farooq and he became a full-time OGW of the JeM.

The explosives used in the attack were determined through forensic probe to be ammonium nitrate, nitro-glycerin and RDX. During investigation into the attack, the identity of the suicide bomber to be Adil Ahmad Dar was confirmed through DNA matching with that of his father.

The other key terrorists involved in the attack have been found to be JeM's south Kashmir divisional head Muddasir Ahmad Khan, killed in an operation by the security forces on March 11 last year; Pakistani terrorists Muhammad Umar Farooq and IED expert Kamran, both killed on March 29 last year; the owner of the car Sajjad Ahmad Bhat, a resident of Anantnag who was killed on June 16 last year, and Qari Yassir, JeM's commander for Kashmir who was killed on January 25 this year.

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