News Analysis India

Tag: Madhya Pradesh HC

  • HC declares 2018 MP Assembly election of Uma Bharti’s nephew Rahul Lodhi as void

    By PTI

    JABALPUR: The Madhya Pradesh High Court has set aside and declared void the 2018 election of Bharatiya Janata Party leader Rahul Singh Lodhi as Member of Legislative Assembly from Khargapur constituency after finding him at fault for furnishing wrong information in his nomination papers.

    Strict action must be taken against the Returning Officer who went “out of her way to accept the nomination paper to favour Lodhi,” a single bench of Justice Nandita Dubey said in its last month’s order which was made available on Wednesday.

    Rahul Singh Lodhi is the son of former Madhya Pradesh chief minister Uma Bharti’s elder brother Harval Lodhi.

    Chanda Singh Gour, the Congress candidate who lost the 2018 poll to Lodhi, had filed an election petition under relevant provisions of the Representation of the People (RP) Act, challenging the BJP leader’s election from Kharagpur Assembly seat in MP’s Tikamgarh district.

    The high court in its order said the election of respondent Rahul Singh Lodhi as Member of the Legislative Assembly from Khargapur Assembly constituency is “set aside and declared void”.

    As the election of the respondent is being declared void, he, therefore, must not be allowed any benefits of this election, the court said.

    Clearly there is a failure of duty and violation of statutory provisions under the RP Act by the Returning Officer, who “went out of her way to accept the nomination paper to favour Rahul Singh Lodhi,” the HC said.

    For non-compliance and violation of the procedure and rules, strict action must be taken against the Returning Officer and in future she must not be assigned any duty of similar nature, it said.

    Resultantly, this petition is allowed, the court said.

    According to the petitioner, the respondent suppressed in his nomination paper the fact that the HC had earlier imposed a cost of Rs 10,000 on him and further not given the cost to the petitioner and thus, guilty of non-compliance of the court order.

    The petitioner further alleged the respondent’s nomination papers were improperly accepted, which materially affected the result of the election.

    It is alleged that the respondent submitted two nomination forms, with different information regarding his status as partner in the firm M/s R S Constructions, Tikamgarh, having contract with MPRRDA, which amounts to corrupt practices as enumerated under provisions of the RP Act, the court said.

    The petitioner’s counsel, Rajmani Mishra, said the court has allowed both the issues in favour of the petitioner.

    He said the order was issued on November 9.

    JABALPUR: The Madhya Pradesh High Court has set aside and declared void the 2018 election of Bharatiya Janata Party leader Rahul Singh Lodhi as Member of Legislative Assembly from Khargapur constituency after finding him at fault for furnishing wrong information in his nomination papers.

    Strict action must be taken against the Returning Officer who went “out of her way to accept the nomination paper to favour Lodhi,” a single bench of Justice Nandita Dubey said in its last month’s order which was made available on Wednesday.

    Rahul Singh Lodhi is the son of former Madhya Pradesh chief minister Uma Bharti’s elder brother Harval Lodhi.

    Chanda Singh Gour, the Congress candidate who lost the 2018 poll to Lodhi, had filed an election petition under relevant provisions of the Representation of the People (RP) Act, challenging the BJP leader’s election from Kharagpur Assembly seat in MP’s Tikamgarh district.

    The high court in its order said the election of respondent Rahul Singh Lodhi as Member of the Legislative Assembly from Khargapur Assembly constituency is “set aside and declared void”.

    As the election of the respondent is being declared void, he, therefore, must not be allowed any benefits of this election, the court said.

    Clearly there is a failure of duty and violation of statutory provisions under the RP Act by the Returning Officer, who “went out of her way to accept the nomination paper to favour Rahul Singh Lodhi,” the HC said.

    For non-compliance and violation of the procedure and rules, strict action must be taken against the Returning Officer and in future she must not be assigned any duty of similar nature, it said.

    Resultantly, this petition is allowed, the court said.

    According to the petitioner, the respondent suppressed in his nomination paper the fact that the HC had earlier imposed a cost of Rs 10,000 on him and further not given the cost to the petitioner and thus, guilty of non-compliance of the court order.

    The petitioner further alleged the respondent’s nomination papers were improperly accepted, which materially affected the result of the election.

    It is alleged that the respondent submitted two nomination forms, with different information regarding his status as partner in the firm M/s R S Constructions, Tikamgarh, having contract with MPRRDA, which amounts to corrupt practices as enumerated under provisions of the RP Act, the court said.

    The petitioner’s counsel, Rajmani Mishra, said the court has allowed both the issues in favour of the petitioner.

    He said the order was issued on November 9.

  • Madhya Pradesh HC refuses bail to rape-accused constable; orders transfer of senior officials

    By PTI

    JABALPUR: Dismissing the bail application of a police constable accused of raping and impregnating a woman, the Madhya Pradesh High Court has directed the state government to transfer him as well as Jabalpur’s Additional Director General of Police (ADG) and Chhindwara’s Superintendent of Police (SP) to remote areas in the state so that the constable does not influence the witnesses in the case.

    In the order passed on April 21, the single bench of Justice Vivek Agrawal said the forensic evidence in the case has been tampered with.

    Constable Ajay Sahu was arrested in the case on November 13, 2021 based on the complaint filed by the woman, who alleged that he raped her, after which she underwent abortion.

    Sahu had submitted a bail application in the court.

    “As far as merits of the present appeal are concerned, it is evident that forensic evidence has already been tampered with and now the case is dependent on the ocular evidence.

    Therefore for the present when the appellant (Sahu) appears to be wielding sufficient influence on various authorities who are supposed to be independent, probability of tampering with the evidence cannot be ruled out.

    “Thus, unless important prosecution witnesses are examined it cannot be said that the appellant is entitled to be enlarged on bail,” the high court said in its order.

    The court said it would have handed over this case to the Central Bureau of Investigation (CBI) in view of the conduct of the police personnel, including the constable, Superintendent of Police – Chhindwara and Additional Director General of Police – Jabalpur.

    “But at this distance of time when Civil Surgeon of District Hospital, Chhindwara and concerned police personnel have already played their role, it is not possible to retry the sample. Therefore, any indulgence of the CBI prima facie does not appear to be of immediate help in protecting the rights of the victim,” it said.

    “Therefore, instead of handing over the investigation to the CBI, it is directed that concerned officials be transferred, specially the appellant, to a far-flung place in Madhya Pradesh so that he is not able to influence the witnesses as now case is to be decided on its own merits in view of the available ocular evidence,” it read.

  • Madhya Pradesh High Court seeks state government’s reply over OBC quota order

    By PTI

    JABALPUR: The Madhya Pradesh High Court has sought a reply from the state government by September 20 on a petition challenging the General Administration Department’s order announcing 27 per cent reservation for the OBC category in certain admissions and recruitment.

    A Delhi-based organisation named ‘Youth For Equality’ has filed a petition challenging the state General Administration Department order issued on September 2.

    The petition came up for hearing before a division bench of Chief Justice M Rafiq and Justice V K Shukla on Thursday.

    The plea says that the high court had on September 1 had declined to vacate its stay to an ordinance which increased the reservation for Other Backward Classes (OBCs) from 14 per cent to 27 per cent in the state.

    Therefore it is not possible to provide 27 per cent reservation to the OBCs for any admission or recruitment process, the petition argued.

    A day after the high court continued its stay, the state government had announced 27 per cent reservation for OBC in certain admissions and recruitments, barring the departments where the high court’s injunction prevailed.

    The court has fixed the next date of hearing on September 20.

  • Madhya Pradesh HC reserves order on jailed comedian Munawar Faruqui’s bail plea

    By Express News Service
    BHOPAL: The Madhya Pradesh High Court has reserved orders on the bail application of stand-up comedian Munawar Faruqui, who was arrested in Indore on January 2 for allegedly hurting Hindu religious sentiments.

    Hearing the bail pleas of Munawar Faruqui and Indore-based Nalin Yadav — two of the five accused in the case —  the single judge MP High Court bench of Justice Rohit Arya reserved the pleas on Monday,

    “The HC heard both the bail applications on Monday. Senior Supreme Court advocate Vivek Tankha and I appeared for the bail applicants. We submitted before the court that both the bail applicants didn’t do any act as has been mentioned in the First Information Report (FIR). It was also submitted before the court that the allegations and contents in the FIR are vague. We also submitted before the court that when Munawar Faruqui and Nalin Yadav didn’t perform any act at the New Year show, then how has the police accused them of performing acts which hurt the religious sentiment,” the bail applicants’ counsel Anshuman Srivastava said.

    “After hearing the prosecution and bail applicants, the court has reserved its order on both bail pleas,” he added.

    While hearing the two bail pleas, Justice Arya also asked the petitioner’s counsel whether he would like to withdraw the bail application, but the senior Supreme Court counsel Vivek Tankha responded said no and proceeded to make submissions in the matter.

    The hearing which continued for around half an hour, also saw the Judge asking, “How can you hurt the feelings of others?”               

    ALSO READ | Jokes on Hindu deities: UP cops reach Indore to take comedian Munawar Faruqui to Allahabad

    However, Faruqui’s counsel submitted that there was no video evidence or material to show that Faruqui had made any comment to deride Hindu deities during the New Year Day show, as alleged in the FIR.

    Besides the prosecution counsels, there were at least six objectors (interventionists) who opposed the bail pleas, submitting that Faruqui has made objectionable remarks about Hindu deities on multiple occasions in the past also.

    “We submitted before the court that since the hearing of bail plea pertained to case registered on January 2 at Tukoganj police station of Indore, hence other cases and complaints against our client (Faruqui) elsewhere in the country cannot be made a ground for opposing the bail plea here,” Faruqui’s counsel Anshuman Srivastava told The New Indian Express.

    Importantly, Faruqui and others were arrested on January 2 for being part of a New Year Day comedy show on January 1 evening at a popular café in Indore’s Chhappan Dukan area. A case was registered against them under Sections 295-A (deliberate and malicious acts intended to outrage religious feelings), 298 (deliberate intent to wound the religious feelings), 269 (negligent act likely to spread disease), 188 (disobedience to order duly promulgated by public servant) and 34 (common intention) of IPC.

    The bail pleas of the accused, including Faruqui have since been rejected by the District Sessions Court, after which the bail pleas have been moved by Faruqui and Yadav before the MP High Court.

    ALSO READ | Lack of case diary extends comedian Munawar Faruqui’s bail hearing in Madhya Pradesh HC

    During the last hearing of the bail pleas on January 16, the HC had adjourned the hearing as the Tukoganj police had failed to furnish case diary in HC, despite the Tukoganj police station being just across the road.

    Five men, including Faruqui, Indore-based Priyam and Prakhar Vyas, Nalin Yadav and Edward Anthony were arrested for making derisive remarks against Hindu deities at the New Year Day event in Indore on the complaint of Eklavya Singh Gaur, the head of right-wing Hindu outfit Hind Rakshak Sangathan. Eklavya Gaur is the son of ex-Indore mayor and present BJP MLA Malini Gaur.

    The George Town Police of Payagraj district of Uttar Pradesh has obtained a production warrant from a court in the district in a similar case registered against Faruqui in April 2020.The warrant as per Prayagraj police has already been submitted to the Indore District Jail and the CJM court for taking Faruqui for production before court in Prayagraj in the April 2020 case.  

  • Lack of case diary extends comedian Munawar Faruqui’s bail hearing in Madhya Pradesh HC

    By Express News Service
    BHOPAL: The Indore Bench of Madhya Pradesh High Court on Friday adjourned for the next week, hearing of application filed by Mumbai-based stand-up comedian Munawar Faruqui for bail in a January 1, 2020 case pertaining to alleged derisive remarks about Hindu deities and Union Home minister Amit Shah.

    A single judge HC bench of Justice Rohit Arya adjourned the hearing of bail plea filed by Munawar Faruqui and Indore resident Nalin Yadav, as the Tukoganj police failed to produce the case diary of the case in which Faruqui, Yadav and four others have been arrested and their pleas rejected by the lower courts.

    “We had moved bail applications on behalf of Munawar Faruqui and Nalin Yadav and the matter was listed for hearing before the HC for hearing. Senior Supreme Court advocate and Rajya Sabha member Vivek Tankha appeared on behalf of the bail applicants. But since the local police could not produce the case diary, the hearing in the matter was adjourned for next week,” Faruqui’s counsel Anshuman Srivastava told in Indore.

    “Personally I believe that it is negligence on part of the police that they could not produce the case diary in the HC on time. We further requested the HC to direct the police authorities to produce the case diary, particularly since the Tukoganj police station in Indore is located just in front of the court. But since the matter was already adjourned, the HC listed it for hearing on the next date after a week,” Srivastava added.

    Faruqui along five others, including Indore based stand-up comedian siblings Prakhar and Priyam Vyas, Nalin Yadav, event coordinator Endwin Anthony and Sadaqat were arrested by the Tukoganj police in Indore on January 1, 2021 in connection with a New Year Day comedy show at a popular café, where derisive remarks were allegedly made about Hindu deities and also union home minister Amit Shah. They were also booked for violation of COVID-19 safety protocol as the New Year Day show was organized without permission of local administration-police.

    The arrested were booked Sections 295-A (deliberate and malicious acts intended to outrage religious feelings), 298 (deliberate intent to wound the religious feelings), 269 (negligent act likely to spread disease), 188 (disobedience to order duly promulgated by public servant) and 34 (common intention) of IPC.

    The arrests were made by Indore’s Tukoganj police on the complaint of local saffron outfit head Eklvaya Singh Gaur, who is also the son of local BJP MLA and ex-Indore mayor Malini Gaur.

    Eklaviya Gaur along with other members of his right wing Hindu outfit was present among the audience at the New Year Day comedy show at the popular café at Indore. Gaur and his supporters had stopped the show, alleging that a stand-up comedian performing there had hurt religious sentiments of a community by making derisive remarks about Hindu deities and union home minister Amit Shah.

    UP Police seeks Faruqui’s custody in April 2020 case lodged in Prayagraj district

    Meanwhile, in a related development, the Prayagraj district police of Uttar Pradesh have submitted a production warrant to the Indore Central Jail and also the CJM court in Indore for Faruqui’s production in a April 2020 case lodged against him at George Town police station of Prayagraj district.

    The case registered on April 19, 2020 at Prayagaraj’s George Town police station on the complaint of Prayagraj-based advocate Ashutosh Mishra pertains to videos uploaded on the Youtube by Faruqui in which insulting remarks have been made about Hindu deities Ram-Sita and also linking Union Home Minister Amit Shah with the 2002 Godhra violence.

    The case at George Town police station in UP’s Prayagraj district was lodged under Sections 153-A, 295-A of IPC and Section 65 and 66 of Information and Technology Act 2008 on April 19, 2020.

    When contacted in the matter, official sources in Prayagraj police confirmed that a Production Warrant has been submitted before the Indore Central Jail authorities and Indore CJM court on January 7, 2021 for Faruqui’s custody for production before the court in Prayagraj district in connection with the April 2020 case.