PDP's Waheed Para moves resolution against abrogation of Article 370 in JK Assembly
Srinagar (PTI): PDP MLA Waheed Para on Monday moved a resolution in the Jammu and Kashmir Assembly opposing the abrogation of Article 370 and calling for the restoration of special status to the erstwhile state, leading to noisy scenes in the House.
The Pulwama MLA moved the resolution immediately after veteran National Conference (NC) leader and seven-time MLA Abdul Rahim Rather was elected as the first speaker of the legislative assembly of the union territory of Jammu and Kashmir.
"Keeping the sentiments of the people of J&K in mind, this House opposes the revocation of the special status (of Jammu and Kashmir)," Para said as he moved the resolution.
This drew protests from BJP MLAs, all 28 of whom stood up to oppose the move.
BJP MLA Sham Lal Sharma demanded Para's suspension for bringing the resolution in violation of assembly rules.
Rather repeatedly requested the protesting members to take their seats but in vain. He said the resolution has not come to him yet and when it does, he will examine it.
With the BJP members refusing to budge, NC MLAs lashed out at them for interrupting the proceedings of the House. Amid the din, NC MLA Shabir Kullay rushed into the well.
The BJP members relented after Rather pointed out that Lieutenant Governor Manoj Sinha would be addressing the House.
Chief Minister and Leader of the House Omar Abdullah said, "We knew that a member was preparing to bring a resolution but we thought he would do so after the speaker's election, the LG's address and obituary references. We are dealing with it right away."
He said while he did not want to make a political speech, he had spoken at the outset with the hope that he was speaking on behalf of the entire House.
"This assembly reflects the sentiments of the people of J&K. The truth is that the people have not validated the decisions of August 5, 2019. Had that been the case, the results (of the assembly elections) would have been different.
"However, how to raise the issue and bring it on record will not be decided by one MLA. The resolution brought today has no value other than (that) it was done for the cameras," he said.
"In the coming days, we will bring a proposal in consultation with you (speaker)," he said, requesting the Chair to adjourn the House till the LG's address.
The House then witnessed noisy scenes again between members of NC, PDP, People's Conference (PC) and Awami Ittehad Party (AIP).
"I request new members to learn the rules. You have violated them on the very first day. I will not allow it, mind it," the speaker said before adjourning the House till 11.30 am.
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.
2020 Delhi riots: Court orders framing of charges against 25 accused in head constable death case
New Delhi (PTI): A court here has ordered framing of several charges, including murder, arson and dacoity, against 25 accused in a 2020 northeast Delhi rioting case pertaining to the assault of a police team that left head constable Ratan Lal dead.
Additional Sessions Judge Pulastya Pramachala also said the Constitution does not vest any right to a protester to use violence, assault, murder or damage any property. Therefore, the argument that the accused were exercising their constitutional rights, is totally misconceived, the court said.
The court was hearing the case against 27 people accused of being a part of a riotous mob that attacked and "brutally assaulted" a police team at the Chand Bagh protest site when officials tried to stop them from blocking the main Wazirabad road on February 24, 2020.
In its 115-page order passed on November 22, the court noted that Lal's postmortem report showed a firearm wound and 21 other external injuries.
"This firearm wound as well as five other wounds were found sufficient to cause death in the ordinary course of nature. Thus, the death of HC Ratan Lal took place because of the assault and gunfire shot received in the incident," the court said.
Lal, who was suffering from mild fever and was advised to rest by his colleagues, joined duty in view of the grave tension in the area under Dayalpur police station limits.
He helped the then DCP Shahdara DCP Amit Sharma and ACP Gokalpuri Anuj Kumar pacify a crowd and control it as the situation started heating up, the prosecution said.
Lal succumbed to 24 injuries he received while shielding officers when a riotous mob started attacking them.
Apart from Lal, the then DCP and ACP also sustained serious injuries, while 50 other policemen were also among the injured.
The court said on the day of the incident the protestors had a "clear objective" of resorting to violence so that they could show their strength to the government.
"The protesters not only gathered to show protest against CAA/NRC, rather they came well equipped with weapons with a mindset to use the same against the police force," it said, adding the riotous mob had the objective to "brutally" beat or assault the police officials wherever possible and also aimed to commit vandalism, loot and arson.
The court noted that a few days before the incident, a meeting was held, where it was decided to block the road and resort to violence when stopped by police.
"After the attempt to block main Wazirabad road on February 23, 2020, was neutralised by police, the emphasis on joining the protest in large numbers on February 24 and carrying weapons, shows that the organisers and speakers of the protest had framed a clear-cut mindset to attack police force," the court said, adding it was a preplanned criminal conspiracy.
"The preparations made to keep weapons in the tent of protest, or gathering of protesters equipped with different weapons, could not be a matter of coincidence. Moreover, keeping women and juveniles in the front to start pelting stones upon police, also appears to be a well-thought strategy," ASJ Pramachala said.
Noting the statements of the witnesses, the judge said there was a "persistent abetment" to incite violence by the organisers and speakers of the protest.
Ordering framing of charges of criminal conspiracy against 11 organisers and speakers of the anti-CAA/NRC meeting, the court said there was "prima facie" evidence against them.
The organisers were Mohammed Salim Khan, Saleem Malik, Mohammed Jalaluddin alias Guddu Bhai, Shahnawaz, Furkan, Mohammed Ayub, Mohammed Yunus, Athar Khan, Tabassum, Mohammed Ayaz and his brother Khalid.
The court also ordered framing charges against 14 other accused under various Indian Penal Code (IPC) sections for attacking the police team and rioting.
These include the provisions for murder, attempt to murder, attempt to commit culpable homicide, mischief by fire or explosive substance, causing grievous hurt to a public servant, committing rioting when armed with a deadly weapon, dacoity, unlawful assembly and sections of the Prevention of Damage to Public Property Act.
The 14 accused are Mohammed Sadiq, Suvaleen, Nasir, Arif, Mohammed Danish, Ibrahim, Badrul Hasan, Shadab Ahmed, Imran Ansari, Ravish Fatima, Adil, Sameer, Mohammed Mansur and Irshad Ali.
The matter has been posted on December 3 for formal framing of charges.
During the proceedings, the court also refused to entertain the argument of a defence counsel that his client Saleem Malik could not be prosecuted in the case as he was already being prosecuted in the larger conspiracy case.
It said, "Just because the accused is also named in the case of the larger conspiracy, he does not get exemption from prosecution in this case."
The judge, meanwhile, discharged one Mohammed Wasim alias Bablu, saying his identity as a part of the riotous mob was not established.
"Merely based on call detail records (CDRs) and appearance of this accused in some CCTV footages, which pertained to prior in time than the incident in question, I do not find sufficient evidence to presume that it was Wasim, who had thrown petrol bomb or that he was present in the mob."
The court also discharged another accused Sahid alias Shahbaz from whom a robbed pistol of a police official was recovered, saying he could be only charged under IPC section 412 (dishonestly receiving property stolen in the commission of a dacoity).
It said, "This accused cannot be presumed to be part of rioters, merely based on recovery of the robbed pistol. He is discharged for remaining charges."
The northeast Delhi riots, which started on February 24, 2020 and continued till February 26, 2020, resulted in the death of more than 50 people and lef over 200 people injured.
