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By:

Quaid Najmi

4 January 2025 at 8:56:24 pm

HC denies shield to anti-CEC protesters

Court says it will intervene if specific illegalities are brought to its notice Mumbai: The Bombay High Court on Tuesday refused to pass blanket orders against police detentions of people protesting against Chief Election Commissioner Gyanesh Kumar, while assuring that it would take action if specific illegalities are brought before it. The court was hearing a petition filed by advocate Sagar Devre, who alleged that Mumbai police illegally detained hundreds of peaceful demonstrators,...

HC denies shield to anti-CEC protesters

Court says it will intervene if specific illegalities are brought to its notice Mumbai: The Bombay High Court on Tuesday refused to pass blanket orders against police detentions of people protesting against Chief Election Commissioner Gyanesh Kumar, while assuring that it would take action if specific illegalities are brought before it. The court was hearing a petition filed by advocate Sagar Devre, who alleged that Mumbai police illegally detained hundreds of peaceful demonstrators, including women and students, who took out marches in solidarity with agitations in the national capital over the weekend. Advocate Manish Tomar, representing the petitioner, urged the court to issue an interim order restraining the police from making further detentions during peaceful demonstrations. A division bench, however, declined the plea for a general stay on police action.
Court’s Assurance "We cannot pass a blanket order saying no person shall be detained. You point out if there is any such instance, we will take care. We will not permit anything wrong," the court observed. Additional Government Pleader Manish Upadhye sought time to seek instructions from the concerned authorities on the claims made in the petition. Accepting the request, the high court adjourned the matter and posted the plea for further hearing on October 19. Devre's plea sought protection of the fundamental rights of citizens, peaceful demonstrators, lawyers and others in connection with the protests in the national capital against the CEC. Terming it as an issue involving the fundamental right of people, the PIL said it was filed to protect a simple freedom of every Mumbai resident citizens – to walk freely on the city roads, to stand peacefully with others, or to stay in one’s home “without being lifted and carried away” by the police without an individual reason. It mentioned how students were allegedly picked up from their homes in connection with protest cases dating back to July 2026, which the petition said had already been quashed by the Supreme Court. Making it clear that the challenge was not against the police’s legal authority to regulate public assemblies or the political positions taken by protesters, the petitioner claimed it was to question the practice of detaining people without individualised, lawful and recorded reasons, or using previously quashed cases and past detentions against them. Invoking Article 14 of the Constitution, which guarantees equality before the law, the plea argued that coercive action based merely on a person's association, appearance on a list, previous detention or presence in a public place would amount to arbitrary state action. It further contended that a quashed FIR could not be used as a continuing basis for hostile discriminatory treatment as a ‘permanent mark’ against a citizen since "a quashed FIR is no FIR at all”. The PIL seeks the court's declaration as 'unconstitutional' the sweeping detention of peaceful demonstrators, pedestrians and others without lawful individual justification. It seeks an independent inquiry into the alleged police excesses, preservation of CCTV footage, police records, a verified list of the detenus and framing of standard operating procedures to govern policing action during mass-protests. Long detentions The petitioner contended that the detentions went beyond the demonstrators to include bystanders and passers-by, among them women, a mother with a child and a senior citizen. Among those detained included Mahatma Gandhi’s great-grandson Tushar Arun Gandhi, his daughter Kasturi, actor Imran Khan, activists Feroze Mithiborwala, S. L. Guddi, scores of youth and students, though they were released after several hours of detention by various police stations.

India working on logistics of Tahawwur Rana's extradition

PTI
Feb 14, 2025
3 min read

Updated: Feb 18, 2025

Tahawwur Rana

Washington: India is working on the logistics of Tahawwur Rana's surrender and extradition from the US, Foreign Secretary Vikram Misri has said, as President Donald Trump announced that his administration has given the go-ahead to extradite the 26/11 terror attack accused “to face justice".

“This is an issue on which the US authorities have taken very clear decisions. I think you've seen the President announce it himself from the White House podium" the decision of the US to extradite Rana, Misri said at a press conference here on Thursday.


During a joint press conference with Prime Minister Narendra Modi in the White House, US President Donald Trump announced that his administration has approved the extradition of "very evil" Tahawwur Rana, wanted by Indian law enforcement agencies for his role in the 26/11 Mumbai terror attacks, "to face justice in India”.


In response to a question by PTI on the timeframe by when Rana will be extradited to India, Misri said: "We are working on the logistics of his surrender and extradition to India. There are a few final steps to be completed. The two sides are in touch on this particular issue.”


The India-US joint statement issued during the Prime Minister's visit to the US notes that Modi and Trump reaffirmed that the global scourge of terrorism must be fought and terrorist safe havens eliminated from every corner of the world.

“They committed to strengthen cooperation against terrorist threats from groups, including Al-Qaeda, ISIS, Jaish-e Mohammad, and Lashkar-e-Tayyiba in order to prevent heinous acts like the attacks in Mumbai on 26/11 and the Abbey Gate bombing in Afghanistan on August 26, 2021," the joint statement said.


“Recognising a shared desire to bring to justice those who would harm our citizens, the US announced that the extradition to India of Tahawwur Rana has been approved," it said.


The leaders further called on Pakistan to expeditiously bring to justice the perpetrators of the 26/11 Mumbai, and Pathankot attacks and ensure that its territory is not used to carry out cross-border terrorist attacks.

"The leaders also pledged to work together to prevent the proliferation of weapons of mass destruction and their delivery systems and to deny access to such weapons by terrorists and non-state actors,” the joint statement added.

Rana, a Canadian national of Pakistani origin, is currently lodged at a metropolitan detention centre in Los Angeles. He is known to be associated with Pakistani-American terrorist David Coleman Headley, one of the main conspirators of the 26/11 attacks.

Speaking at the joint press meet, Trump said "Today I am pleased to announce that my administration has approved the extradition of one of the plotters and very evil people of the world, and having to do with the horrific Mumbai terrorist attack, to face justice in India. So, he is going back to India to face justice."


The extradition of Rana was cleared by the US Supreme Court in January as it rejected his review petition in the case.


India last month said it was working with American authorities for the early extradition of Rana.


"The US Supreme Court on January 21 declined to hear a petition from the accused. We are now working with the US side on procedural issues for early extradition to India of the accused in the Mumbai terror attack," External Affairs Ministry spokesperson Randhir Jaiswal had said.


In November 2012, Ajmal Amir Kasab, the lone surviving gunman among the Pakistani group, was hanged to death in Yerawada Jail in Pune.

-PTI

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