Student activist Afreen Fatima vows resilience in adversity
Prayagraj: Afreen Fatima, the student activist whose family home in Prayagraj was demolished following her father Javed Mohammed's arrest, expressed unwavering determination on Thursday, emphasizing that she and her community would not be silenced despite facing threats.
Javed and Fatima are affiliated with the Welfare Party of India, with Fatima serving as the national secretary of the Fraternity Movement, the student wing of the party. Javed was arrested as one of the alleged co-conspirators of the June 10 violence stemming from suspended BJP leader Nupur Sharma's comments about the Prophet.
Speaking at a press conference organized by the Fraternity Movement via Zoom, Fatima asserted, "I stand in absolute solidarity with all Muslim families whose houses have been demolished... Whatever has happened with my father, Janaab Javed Mohammed Sahab, and with my family and to our house, is known to everyone."
Despite acknowledging her family's relative privilege, Fatima expressed empathy for those less fortunate whose homes were also destroyed. She declared her family's refusal to be intimidated, stating, "No matter how much you try to scare and threaten us, or trouble us by putting us in jail, we will not keep quiet or be silenced, nor are we going to disappear from this country."
Fatima remained steadfast in her belief in her father's innocence, and her commitment to proving it. Javed's wife, Parveen Fatima, echoed this sentiment, emphasizing that the charges against her husband were baseless. The family's primary focus, she stated, was to substantiate Javed's innocence and secure his release.
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SC stays CBI probe into West Bengal govt officials' role in teacher recruitment scam
New Delhi, Apr 29: The Supreme Court on Monday stayed a Calcutta High Court order directing the CBI to probe the role of West Bengal government officials in a teacher recruitment scam. It, however, refused to stay for now the cancellation of the appointment of over 25,000 teachers and non-teaching staff.
The top court was hearing a plea by the West Bengal government against a high court order invalidating the appointment of 25,753 teachers and non-teaching staff made by the School Service Commission (SSC) in state-run and state-aided schools.
A bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra, however, refused to stay the high court order cancelling the appointments and said it will hear the matter on May 6.
Observing that taking away the jobs of about 25,000 persons is a serious matter, the top court asked if it is possible to segregate the valid and invalid appointments on the basis of the material available and who the beneficiaries of the fraud are.
"We will stay the direction which says the CBI (Central Bureau of Investigation) will undertake further investigation against officials in the state government," the bench said.
Calcutta High Court had said the CBI would undertake further investigations with regard to the persons in the state government involved in approving the creation of supernumerary posts to accommodate illegal appointments.
If necessary, the CBI will undertake custodial interrogation of such persons involved, it had said.
Challenging the order, the state government, in its appeal filed before the top court, said the high court cancelled the appointments "arbitrarily".
"The high court failed to appreciate the ramification of cancelling the entire selection process, leading to straightaway termination of teaching and non-teaching staff from service with immediate effect, without giving sufficient time to the petitioner state to deal with such an exigency, rendering the education system at a standstill," the plea said.
Calcutta High Court last week declared the selection process as "null and void" and directed the CBI to probe the appointment process. It also asked the central agency to submit a report within three months.
"All appointments granted in the selection processes involved being violative of articles 14 and 16 of the Constitution of India, are declared null and void and cancelled," the high court said in its April 22 order.
The high court said those appointed outside the officially available 24,640 vacancies, appointed after the expiry of the official date of recruitment, and those who submitted blank Optical Mark Recognition (OMR) sheets but obtained appointment to return all remunerations and benefits received by them with 12 per cent interest per annum within four weeks.
Observing that it had given "anxious consideration to the passionate plea" that persons who obtained the appointments legally would be prejudiced if the entire selection process was cancelled, the bench said it hardly had any choice left.
The high court held that all appointments involved were violative of articles 14 (equality before law) and 16 (prohibiting discrimination in employment in any government office) of the Constitution.
"It is shocking that, at the level of the cabinet of the state government, a decision is taken to protect employment obtained fraudulently in a selection process conducted by SSC for state-funded schools, knowing fully well that, such appointments were obtained beyond the panel and after expiry of the panel, at the bare minimum," the high court had said.
It said unless "there is a deep connection between the persons perpetuating the fraud and the beneficiaries" with persons involved in the decision-making process, such action to create supernumerary posts to protect illegal appointments is "inconceivable".
The division bench had also rejected a prayer by some appellants, including the SSC, for a stay on the order and asked the commission to initiate a fresh appointment process within a fortnight from the date of the results of the ongoing Lok Sabha elections.
The bench, constituted by the high court chief justice on a direction of the Supreme Court, had heard 350 petitions and appeals relating to the selection of candidates for appointment by the SSC in the categories of teachers of classes 9, 10, 11 and 12 and group-C and D staffers through the SLST-2016.
In its 282-page judgment, the high court had said retaining appointees selected through "such a dubious process" would be contrary to public interest.
