DAILY FROM: AHMEDABAD, CHANDIGARH, DELHI, JAIPUR, KOLKATA, LUCKNOW, MUMBAI, NAGPUR, PUNE, VADODARA JOURNALISM OF COURAGE TUESDAY, JULY 6, 2021, NEW DELHI, LATE CITY, 18 PAGES SINCE 1932 `6.00 (`8 BIHAR & RAIPUR, `12 SRINAGAR) WWW.INDIANEXPRESS.COM LAWYER DEMANDS JUDICIAL INQUIRY, SAYS NOT GIVEN PROPER CARE Stan Swamy’s is death in custody: Waiting for medical bail, ailing 84-year-old passes away With all humility, we are shocked, have no words to express, says court Lt Governor Manoj Sinha at the launch of the Golf Training Academy at Kashmir Golf Club in Srinagar on Monday. PTI OMKAR GOKHALE MUMBAI, JULY 5 FATHER STAN Swamy, the Jesuit priest and tribal rights activist who was arrested in the Elgaar Parishad case last year, breathed his last in a Mumbai hospital on Monday afternoon. Doctors from Holy Family Hospital, Bandra, informed the BombayHighCourtthatSwamy, 84,passedawayaround1.30pm. Swamy was arrested by the NIA from Ranchi on October 8 last year. He had been lodged in Taloja Central Jail thereafter. Swamy’slawyershadmoved the High Court on Monday morning, seeking urgent hearing of his plea for medical bail, after his health deteriorated on Sundayandhe was put onventilator support. On July 3, the HC had said that Swamy could stay in hospital until July 6, when it would hear his bail plea. At 2.30 pm, a division bench of Justices S S Shinde and N J Jamadar took up for hearing the appeal by Swamy against the specialcourt’sorderrejectinghis plea for bail on medical grounds and merits. At the beginning of the hearing, the bench said, “We have received precipice, we will hear it tomorrow (Tuesday) and keep it first on board for hearing. We want in a sealed envelope his medicalreportfromthehospital.” Senior Counsel Mihir Desai asked the court to hear Dr Ian D’Souza, medical director of HolyFamilyHospital.DrD’Souza then informed the court that Swamy was no more. Don’t like it? Ignore: SC junks plea on Cong ‘toolkit’ EXPRESS NEWS SERVICE NEW DELHI, JULY 5 THESUPREMECourtonMonday declined to entertain a petition seeking a probe by the National Investigation Agency (NIA) into allegations that the Congress party had created a “toolkit” to run a smear campaign against the NDA government and the country in the wake of Covid-19. The court told the petitioner that such material is part of political propaganda, that India is a democracy,andthatif hedidnot like the toolkit, he shouldsimply ignore it. “If you don't like the toolkit, ignore... This is a part of political propaganda. If you don’t like it, ignore it,” Justice D Y Chandrachud, heading a twojudge bench with Justice M R Shah, told the petitioner, AdvocateShashankShekharJha, who had filed a writ petition underArticle32of theConstitution. The petitioner sought to argue that the so-called toolkit contained communal propaganda. “The term like ‘Indian strain’ (for the variant of the coronavirus first detected in India, which is now known as the Delta variant) or communalisingHindus”,hesaid,andadded that “Singapore too has banned terms like Singapore strain”. But the bench made it clear that it could not grant his prayer. “India is a democracy, you know. Why should we issue directions under Article 32? We will not entertain this,” Justice Chandrachud responded. Thejudgewonderedhowthe CONTINUED ON PAGE 2 WORLD PAK, CHINA SEE RISE IN ATTACKS IN AFGHANISTAN PAGE 14 Gupkar says let down by meeting with PM: ‘Before polls, statehood’ Death followed post-Covid, other health issues. File THE EDITORIAL PAGE First joint statement after June 24 meet IWILLPOSSIBLYDIE He said, and he did. Highest institutions of justice system stand diminished. PAGE10 “It is with a very heavy heart I have to inform you that Father Stan Swamy passed away around 1.30 pm in the hospital today,” Dr D’Souza said. “On Saturday, he (Swamy) suffered cardiac arrest at 4.30 am; we couldn’t revive him. He was put on a ventilator, subsequent to which he did not regain consciousness and he was declared dead at 1.24 pm today. “Cause of death is definitely pulmonary infection and Parkinson’s disease among others.Therewerepost-Covideffects on his lungs,” Dr D’Souza said. Justice Shinde responded, “With all humility at our command, we really are shocked by hearing this news. Therefore, in thelasthearingsweimmediately CONTINUED ON PAGE 2 NAVEED IQBAL St Peter’s Church, Mumbai, Monday. It has had this board since May 28, when HC ordered Swamy be taken to hospital. Pradip Das BUSINESS AS USUAL BY UNNY NIA didn’t seek custody but kept him behind bars, rejected his plea SADAF MODAK MUMBAI, JULY 5 FULL COVERAGE PAGES 9, 13 WHEN THE National InvestigationAgency(NIA)summoned Father Stan Swamy to its Mumbai office in October last year, its officials said the Jesuit priest and rights activist, then 83 years old, was to be interrogated further in connection with the Elgar Parishad case. Swamy was arrested on October 8 and flown to Mumbai the next day, but the central agency did not seek his custody for interrogation. The following day, October 9, the NIA court, where Swamy was produced, sent him to judicial custody in Taloja Central Jail, where he remained until he was shifted to a private hospital on May 28, where he died on Monday. “What was the need for his arrest as not a single day’s custody was sought?” asked Swamy’s lawyer Mihir Desai before the Bombay High Court on Monday,minutesafterthebench wasinformedof Swamy’sdeath. Calling for an inquiry, Desai said while he had no complaints against the court or the hospital, he could not say the same about the NIA and jail authorities. Swamy was first probed in connection with the Elgar Parishad case when the Pune Police searched his home in Ranchi in 2018 and 2019. After the NIA took over the case in January 2020, he was interrogated for nearly 15 hours over five days in July-August. The NIA summoned him again in CONTINUED ON PAGE 2 SRINAGAR, JULY 5 IN ITS first joint statement after the June 24 all-party meeting with Prime Minister Narendra Modi in New Delhi, the People’s Alliance for Gupkar Declaration (PAGD) Monday said it was “disappointed” with its outcome. Inthestatement,issuedaday after the allies met Sunday, the PAGD said restoration of statehoodwastheBJP’scommitment on the floor of Parliament. “So any Assembly election must be held only after restoration of full statehoodforJ&K.Tothisend,the PAGDhasdecidedtoreachoutto otherpoliticalpartiesinJ&Kwith a view to take a common position on the issue,” it said. The statement comes a day before the Delimitation Commissionisscheduledtovisit J&Ktointeractwithpoliticalparties, public representatives and state government officials on redrawing boundaries of existing Assembly seats. Cabinet reshuffle this A Covid revision for 2022: CBSE plans two week, eye on coming Board exams for 10, 12; reduced syllabus polls, Covid control THE ROADMAP SUKRITA BARUAH NEW DELHI, JULY 5 LIZ MATHEW NEW DELHI, JULY 5 MORE THAN two years after he returned to a second term, Prime Minister Narendra Modi is set to revamp his Council of Ministers, a move that is expected to take into consideration issues of governance during the pandemic and the imperatives of the upcoming state elections, sources said. Whilethereisnoofficialconfirmation, the Cabinet reshuffle islikelytobeheldlaterthisweek in the run-up to Parliament's monsoon session scheduled to begin July 19. The reshuffle has been the subject of much speculation, especially after the Prime Minister last month launched an exercise of assessing the performance of key ministries. As part of that, he held a series of meetings with senior ministers and the party leadership last month. Many of these meetings were attended by BJP president J P Nadda. Partysourcessaidthesecond wave of the pandemic, during which the government came in PAGE 1 ANCHOR PM Modi at CoWIN Global Conclave on Monday. PTI DIGITAL GOOD, WILL SHARE COWIN: MODI PAGE 12 for vehement criticism for its allegedfailureinmanagingthesituation, will be as much a factor as the coming Assembly elections,especiallyinpoliticallycrucial Uttar Pradesh. With the UP state unit of the BJP in turmoil due to the alleged failureofthegovernmentinmanaging the Covid situation and a sectionof partyleadersspeaking out against the Yogi Adityanath government,theBJPleadershipis believedtobekeenona“balancing act” while restructuring the Council of Ministers. CONTINUED ON PAGE 2 THE CENTRAL Board of Secondary Education (CBSE)has comeoutwithaplan forClass10 and 12 Board exams for academic year 2021-2022. Instead of one Board exam at the end of the year, the academic session has been bifurcated into two terms, with the Board conducting exams at the end of each. In a notification issued on Monday, the Board also announcedthatthesyllabusforthe INSIDE year will be rationalised on the linesof whatwasdoneinthelast academic year, when the syllabus was reduced by 30%. The rationalisedsyllabus willbesplit in half across the two terms. TermIexamsaretobeheldin November-December 2021, and will have Multiple Choice Questions (MCQ) covering only the first half of the rationalised syllabus. These exams will be of 90-minute duration. The Board willsendthequestionpapersand the marking schemes to schools, which will conduct the exams underthesupervisionofexternal examiners and observers, and send the results to the Board. Term II exams are to be held in March-April 2022 at exam centresfixedbytheBoard.These examswillbetwo-hour-longpapers with questions in different formats, but “in case the situation is not conducive for normal descriptiveexaminations”,Term II exams too will be in the form of 90-minute MCQ papers. While the results of both the term-end exams will contribute to the final overall score, the Board has created a basket of PAGES 12 & 7 ■ Term I exams, to be held in schools, MCQs of 90-min duration ■ Term II exams, to be held in centres, will be of 2 hours Country has been pushed back, economy, harmony wrecked: Lalu speaks after 3 yrs NEW DELHI, JULY 5 CHORUS OVER FAILED PROMISES IN PUNJAB BOOK ROW: GOV SEEKS LEGAL ACTION ■ Syllabus split CONTINUED ON PAGE 2 DIPANKAR GHOSE AN EXPRESS SERIES-PART 2 ■ Session split into two terms, with Boards at end of each — Nov-Dec 2021; March-April 2022 IN HIS first public speech in over three years, RJD national president Lalu Prasad Yadav said the country had been “pushed backwards” under the NDA government, it was facing an economic crisis, and attempts were underwaytodestroyitssocialharmony. Yadav, who is being treated Praises Tejashwi, says will be back in Bihar soon. PTI at AIIMS in New Delhi after being released on bail, said he would return to Patna soon, and “register his presence” in every district of Bihar. “Our country has been pushed backwards. Ek taraf aarthik sankat, doosri taraf samajik tana-bana ko khandit kiya ja raha hai. Kabhi-kabhi naare lag rahe hain, ki Ayodhya ke baad ab Mathura... (Slogans CONTINUED ON PAGE 2 Theprocessof dialogue begins At least four key parties — the NC, PDP, CPIM and Congress — now want full statehood before Assembly elections. The process has begun, and more talks are expected to bring the parties closer to a common ground on the way forward. The Gupkar group, a coalition of mainstream political parties of J&K, mainly the National Conference, the People’s Democratic Party and the CPM, had met Sunday at the residence of PAGD Chairman CONTINUED ON PAGE 2 Scrapped 6 yrs ago, 66A still in use: Shocked SC seeks govt reply EXPRESS NEWS SERVICE NEW DELHI, JULY 5 THESUPREMECourtonMonday termed the continued use of Section 66A of the Information TechnologyAct,2000,bylawenforcement agencies of various states — despite the provision being struck down by the court in 2015 — as “a shocking state of affairs” and sought a response from the Centre. Section 66A empowered policetomakearrestsoverwhatpolicemen, in terms of their subjective discretion, could construe as “offensive” or “menacing” or for the purposes of causing annoyance, inconvenience, etc. It prescribedthepunishmentforsending messages through computer or any other communication device like a mobile phone or a tablet,andaconvictioncouldfetch a maximum of three years in jail. In 2015, in a landmark judgment that expanded the contours of free speech to the Internet, the Supreme Court struckdown Section66A,calling it “open-ended and unconstitutionally vague”. CONTINUED ON PAGE 2 Daughters in Afghan jail, two women take separate routes SHAJU PHILIP THIRUVANANTHAPURAM, JULY 5 FIVEYEARSaftertheirdaughters left India to join the Islamic State (IS), and eventually got jailed in Afghanistan, two mothers in Keralahavechosentwoseparate paths for their return home. On Monday, Bindu Sampath moved a petition in the Kerala High Court seeking directions to the Union Home and External Affairsministriestofacilitatethe repatriation of her daughter NimishaaliasFathimaIsaandher four-year-old granddaughter. On the same day, Mini, the mother of Merin alias Mirriam, told The Indian Express that her daughter should be brought back only if she has renounced the Islamic State and repented for her actions. “I want to directly hear my daughter’s present stand — whethershehasany repentance andabandonedtheIS.Forus,the concernof thecountryisthebiggerissue.Whattheyhavedoneis wrong... joining the IS was a crime. If they stick to the IS, we are not keen on getting my daughter back. Bring them only if they can come back as human beingswhocanloveothers,’’said Nimisha (left), Merin among 21 who left in 2016 to join the IS Mini, who is based in Kochi. Nimisha,aHindu,andMerin, a Christian, accepted Islam and married two Christian brothers whohadconvertedearlierto the samereligion.Theywereamong a 21-member group of men and women who left the country in May-June 2016 to join the IS. According to security agencies, the group moved to the Islamic State-controlled Nangarhar region in Afghanistan. A few men from that group, including the husbands of Nimisha and Merin, are believed to have been killed in US strikes and their wives detained by Afghan authorities. In December 2019, interviews of four women from Kerala — the other two are Sonia Sebastian alias Ayisha and Rafaella—werepublishedunder the title ‘Khorasan Files: The Journey of Indian Islamic State Widows’ by the website StratNewsGlobal. Nimisha, 30, was a final-year BDS student at Century Dental College in Kasaragod when she got married to Bexin alias Isa. Merin,26,hadcompletedherBA in Communicative English in Kochi when she married Bestin alias Yahiya. Inherpetition,Bindupointed to the Interpol red corner notice issued against her daughter. Her plea said that “subject to a bilateral treaty for extradition, any personnamedinanInterpolRed CornerNoticemustbeprovisionally arrested or otherwise detained after surrender till extraditedtotheRequestingCountry”. “A provisional arrest in its natural sense connotes an arrest or detention, which is merely temporary in nature. There is an existing bilateral extradition treaty entered into in 2016 and in force since 2019 after ratification by both countries. Hence, in line with the Interpol Red Corner Notice, the Union Government is bound to take the necessary steps to effect extradition of the concerned accused persons,’’ the plea stated. Bindu, who hails from Thiruvananthapuram, also said that the return of Nimisha and her daughter shall not pose a CONTINUED ON PAGE 2
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