These MPs and MLAs were disqualified after conviction

News Network
March 24, 2023

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Congress leader Rahul Gandhi who was suspended from Lok Sabha following his conviction in a criminal defamation case joins an ignominious list of members of Parliament and assemblies who faced similar action in the past.

According to the Representation of the People Act, a person sentenced to imprisonment of two years or more shall be disqualified "from the date of such conviction" and remain disqualified for another six years after serving time.

Here are some of the lawmakers suspended upon conviction and sentencing in criminal cases:

Lalu Prasad:

The RJD supremo was disqualified from the Lok Sabha after his conviction in the fodder scam case in September 2013. He was an MP from Saran in Bihar.

J Jayalalithaa:

AIADMK supremo J Jayalalithaa was disqualified from the Tamil Nadu Assembly in September 2014 after she was sentenced to four years in jail in a disproportionate assets case. She was the chief minister of Tamil Nadu at the time of her disqualification and had to resign from the post.

P P Mohammed Faizal:

Lakshadweep MP P P Mohammed Faisal of the Nationalist Congress Party stood automatically disqualified after he was sentenced to 10 years in jail in January 2023 in connection with an attempt to murder case. However, the Kerala High Court later suspended his conviction and sentence. According to the MP, the Lok Sabha Secretariat is yet to issue a notification revoking his disqualification.

Azam Khan:

Samajwadi Party leader Azam Khan was disqualified from the Uttar Pradesh Assembly in October 2022 after a court sentenced him to three years in jail in a 2019 hate speech case. He represented Rampur Sadar in the Assembly.

Anil Kumar Sahni:

RJD MLA Anil Kumar Sahni was disqualified from the Bihar Assembly in October 2022 after he was sentenced to three years in jail in a case of fraud. He represented the Kurhani assembly seat.

He was held guilty of attempting to avail travel allowance in 2012 using forged Air India e-tickets without having undertaken the journeys. Sahni, who was a JD(U) Rajya Sabha MP at the time of the attempted fraud, had submitted claims of Rs 23.71 lakh.

Vikram Singh Saini:

BJP MLA Vikram Singh Saini was disqualified from the Uttar Pradesh Legislative Assembly with effect from October 2022 after he was sentenced to two years of imprisonment in a 2013 Muzaffarnagar riots case. Saini was an MLA from Khatauli in Muzaffarnagar.

Pradeep Chaudhary:

Congress MLA Pradeep Chaudhary was disqualified from the Haryana Assembly in January 2021 after he was sentenced to a three-year jail term in an assault case. He was an MLA from Kalka.

Kuldeep Singh Sengar:

Kuldeep Singh Sengar was disqualified from the Uttar Pradesh Assembly in February 2020 following his conviction in a rape case. Sengar, who was elected from the Bangarmau constituency in Unnao, was earlier expelled by the BJP.

Abdullah Azam Khan:

Samajwadi Party MLA Abdullah Azam Khan was disqualified from the Uttar Pradesh Assembly in February 2023, days after a court sentenced him to two-year imprisonment in a 15-year-old case. He represented Suar in Rampur district in the Assembly.

The case against Abdullah Azam Khan, the son of Azam Khan, pertained to a dharna on a highway after his cavalcade was stopped by police for checking following an attack on a CRPF camp in Rampur on December 31, 2007.

Anant Singh:

RJD MLA Anant Singh was disqualified from the Bihar Assembly in July 2022 after being convicted in a case related to the recovery of arms and ammunition from his residence. Singh was an MLA from Mokama in Patna district.

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News Network
November 19,2024

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The Karnataka Police’s Anti-Naxal Force (ANF) achieved a major breakthrough on Monday night by eliminating Vikram Gowda, one of Karnataka’s most wanted Naxal leaders for over two decades. The encounter occurred in the dense Kabbinale forest of Udupi district, marking a significant victory against Naxal insurgency in the region.

Who Was Vikram Gowda?

Hailing from Hebri in Udupi, Vikram Gowda, 44, was a prominent figure in the Naxal movement. He went underground in 2002, initially serving as a courier and fund collector before rising to lead a breakaway Naxal group. Despite having only a fourth-grade education, he was a staunch advocate for tribal rights and a key player in the movement’s survival in Karnataka.

Bounty: ₹3 lakh from Karnataka and ₹50,000 from Kerala.

Legacy: The last major Naxal leader in Karnataka after the 2021 arrest of B G Krishnamurthy.

The Encounter

Police revealed that Gowda and his team visited Kabbinale village to collect groceries on Monday night. Acting on a tip-off, ANF ambushed the group. When the Naxals opened fire, ANF responded, leading to Gowda's death.

Escapees: Three Naxals fled, including prominent members Latha (aka Mundgaru Latha) and Raju.

Significance: This was the first Naxal casualty in Karnataka in over two decades.

Home Minister G. Parameshwara confirmed the operation, stating, “Gowda was elusive for 20 years, escaping multiple encounters. His death is a critical step in dismantling Naxal operations in the region.”

The Decline of Naxal Activity in Karnataka

Karnataka's Naxal movement has been dwindling, with members seeking refuge in Kerala and Tamil Nadu. The group’s strength had reduced to just 19 members by 2018, but recent sightings indicate attempts at revival:

2023 Activity: Reports of Gowda-led movements in the Kodagu and Hassan districts reignited concerns.

Political Heat: The BJP criticised the Congress government, alleging it created a “safe haven” for Naxals.

A Glimpse into Gowda’s Past

Personal Life: Gowda’s ex-wife, Savitri (alias Rajita), was arrested in 2021. She was a senior Naxal commander involved in insurgency since 2004.
Rehabilitation Efforts: Since 2013, Karnataka’s rehabilitation policy has seen 14 Naxals surrender and reintegrate into mainstream society.

A Milestone in Karnataka’s Fight Against Insurgency

The operation signifies a decisive blow to Naxal resurgence in the Western Ghats. While the ANF continues its search for escapees, the Karnataka government reaffirmed its commitment to offering rehabilitation to those willing to surrender.

As Karnataka celebrates this triumph, the message is clear: there is no room for insurgency in the state.

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News Network
November 12,2024

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The Palestinian Hamas resistance movement says its fighters have killed at least 20 Israeli soldiers in northern parts of the besieged Gaza Strip in just two days, in retaliation for the occupying regime’s genocidal war on the Palestinian territory.

In a statement on Monday evening, Hamas said that fighters of its military wing, al-Qassam Brigades, “killed at least five occupation soldiers” in northern parts of the coastal territory earlier in the day.

It added that Hamas fighters also killed 15 Israeli soldiers in the war-ravaged region on Sunday.

The resistance movement’s “qualitative operation … confirms once again the failure of the criminal Zionist entity to suppress and eradicate the Palestinian resistance, which continues to direct qualitative strikes against its terrorist soldiers,” Hamas further said on its Telegram channel.

Palestinians have increased their resistance operations in the face of intensified Israeli aggression in northern Gaza that has claimed the lives of more than 1,000 over the past weeks.

“Our valiant resistance is waging a war of attrition with the criminal enemy, inflicting daily losses on its soldiers and vehicles, and all of [Israeli prime minister Benjamin] Netanyahu’s bets and dreams of achieving any of his goals are failing,” the Gaza-based resistance movement added.

Hamas also vowed that Israel’s ongoing crimes and aggression against Gaza would be met with increased resistance and painful strikes, which will continue until the aggression against Palestinians ends and the regime fully withdraws from the blockaded territory.

As the war in Gaza enters its 14th month, the Health Ministry reports that Israeli attacks have killed at least 43,603 Palestinians and wounded 102,929 others.

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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