Allahabad HC orders Uttar Pradesh govt to pay Rs 50,000 to man jailed in false anti-conversion case
Lucknow: The Allahabad High Court has imposed a fine of Rs 75,000 on the Uttar Pradesh government in a false anti-conversion case, directing the state to pay Rs 50,000 to the petitioner, Umed alias Ubaid Khan, who was jailed for one and a half months even after the alleged victim had stated before a magistrate that she had left home voluntarily.
A division bench of Justices Abdul Moin and Babita Rani passed the order on October 30 while hearing a petition filed by Khan and others, who were arrested under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, The Indian Express reported on Wednesday.
The petitioners had sought to quash a First Information Report (FIR) lodged at Matera police station in Bahraich district, accusing them of abducting a woman and attempting to convert her religion.
The bench ordered Khan’s release, noting that even after the woman had stated before a magistrate that she had gone to Delhi voluntarily to meet her daughter, the police continued the probe and kept the accused in custody.
“This petition is a glaring example of the state authorities failing and scrambling over each other in order to score brownie points,” the newspaper quoted the court as saying.
Describing the police action as “vexatious”, the bench ordered the state to pay Rs 50,000 to Khan and deposit the remaining Rs 25,000 with the court’s Legal Aid Services.
The case pertains to a complaint filed on September 13 by Pankaj Kumar, a resident of Bahraich, alleging that his wife had gone missing with jewellery and cash, and that five men, including Khan, had lured her away. Police booked the accused under Bharatiya Nyay Sanhita sections pertaining to kidnapping and under the state’s anti-conversion law.
The woman returned home and gave a statement, following which police added charges of criminal breach of trust, stolen property and a provision of the 2021 Prohibition of Unlawful Conversion of Religion Act. Khan was arrested on September 18.
However, on September 19, the woman gave a fresh statement before the magistrate, saying that she had left home voluntarily due to “regular domestic abuse” by her husband. In this statement, she did not allege any attempt at religious conversion and handed over all her jewellery to the police. Her lawyer later told the High Court that her earlier statement had been made under threats and coercion from her husband and in-laws, the report added.
“The court, having gone through the entire records… proceeds to exercise powers vested in it under Article 226 of the Constitution of India to quash the FIR and all consequential proceedings,” the court stated.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
National Herald case: Shivakumar to seek time next week to appear before Delhi police
New Delhi/Bengaluru (PTI): Karnataka Deputy Chief Minister D K Shivakumar on Monday said he will ask for time from Delhi police to appear before them next week, to provide required information as part of the probe into the National Herald case.
He said he will seek time after the ongoing winter session of Karnataka legislature ends on December 19. He will also ask the Delhi police to provide him the FIR copy.
Shivakumar, who is in the national capital, had earlier said that he will appear before the Delhi police on Monday. But, he postponed the plan in order to rush back to Karnataka to participate in the last rites of veteran Congress leader Shamanuru Shivashankarappa, scheduled later in the day in Davangere.
"I had to go (to appear before the Delhi police), but I have to go back urgently. I'm asking them for time, stating that I will come next week," Shivakumar told reporters in New Delhi.
"They (Delhi police) have not attached the FIR copy while issuing notice to me. I need FIR copy, because we had already given all the required replies to the ED. I don't know what the FIR says, I only read in papers. They have given notice, I will ask for a FIR copy. I will come next week after the Assembly session."
The Delhi Police had issued a notice to Shivakumar, who is also the Karnataka Congress chief, seeking financial and transactional details as part of its probe into the National Herald case.
The notice issued by the Economic Offences Wing (EOW) states that Shivakumar is "supposed to be having vital information" pertaining to the National Herald case registered on October 3 this year, against top Congress leaders Sonia Gandhi and Rahul Gandhi.
In the notice dated November 29, the EOW had asked Shivakumar to appear before it or provide the requested information by December 19 latest.
Investigators have sought details about his personal background, his association with the Congress party, and a complete break up of funds allegedly transferred by him or associated entities to Young Indian.
To a question on meeting AICC General Secretaries K C Venugopal and Randeep Singh Surjewala, amid the ongoing power tussle between him and CM Siddaramaiah over the Chief Minister post, Shivakumar said when he comes to Delhi, he usually meets every one.
"Whether it is Surjewala or Kharge (AICC President Mallikarjun Kharge) or Venugopal, I will meet everyone. During lunch yesterday I met Rahul Gandhi and Sonia Gandhi. I have met everyone. What's wrong?" he asked.
Shivakumar was in Delhi to take part in Congress' "Vote Chori" rally on Sunday, and had also participated in the lunch organised by the party for its leaders.
Responding to a question, whether any meeting is planned with leaders today, the Deputy CM said, he and Kharge will be travelling together to Karnataka, to pay last respects to Shamanuru Shivashankarappa.
Asked if he will seek time for a separate meeting with Congress leadership including Rahul Gandhi, during the next visit to Delhi, Sivakumar said, "such things will be there between us in the party.... you don't worry."
