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Petitions in court, EC seek to bar Sadhvi Pragya from contesting LS polls

A 2008 Malegaon blast victim’s father has moved a Special NIA Court, while political analyst Tehseen Poonawalla has filed a petition in the EC urging it to debar the BJP candidate from Bhopal from contesting the election to be held on 12 May

SNS | New Delhi | April 19, 2019 5:13 pm

Petitions in court, EC seek to bar Sadhvi Pragya from contesting LS polls

BJP leader Sadhvi Pragya Singh Thakur addresses a party workers' meeting in Bhopal on April 18, 2019. (Photo: IANS)

Day after the ruling BJP announced that it was fielding Sadhvi Pragya Singh Thakur from Bhopal in the Lok Sabha elections, petitions were filed in a court and the Election Commission of India seeking directions to restrain Sadhvi Pragya Singh Thakur from contesting the polls on the ground that she faces terror charges.

On Thursday, a 2008 Malegaon blast victim’s father moved a Special NIA Court, while political analyst Tehseen Poonawalla filed a petition in the EC urging it to debar the BJP candidate from Bhopal from contesting the election to be held on 12 May.

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Thakur is scheduled to file her nominations on April 23, and she has been pitted against Congress leader Digvijaya Singh.

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Currently out on bail, she is facing trial under the stringent Unlawful Activities Prevention Act (UAPA) in a Mumbai court for allegedly conspiring and abetting a terror act and also has murder to criminal conspiracy charges against her.

In his letter to the EC, Poonawalla said: “I would humbly request the Election Commission of India to take further necessary steps to uphold the Model Code of Conduct 2019 and take appropriate action against Sadhvi Pragya Singh Thakur and debar her from contesting elections.”

He said “a candidate accused with terror links must not be permitted to contest elections”. Poonawalla said the Maharashtra Anti-Terrorism Squad (ATS) had charged her as the “principal conspirator” in the 2008 Malegaon blast in which six people were killed.

“Thakur was in jail for nine years and since 2017, she was out on bail citing health grounds. She is currently facing charges under the Unlawful Activities (Prevention) Act,” he added.

According to existing laws, any Indian citizen above 25 years of age is eligible to contest polls unless convicted for any crime, which involves punishment for two years or more.

In Mumbai, Nisar Ahmed Sayyed Bilal, 59, father of Sayyed Azhar Nisar Ahmed who was killed in the 2008 Malegaon blast, filed an intervention application before the Special NIA Court on Thursday seeking Thakur to be barred from contesting elections saying the trial against her was still under way.

In 2008, Sayyed Azhar Nisar Ahmed was killed in the explosion that took place in Malegaon’s Bhikku Chowk.

In his application, Bilal has argued that Pragya was granted bail on health grounds as she had pleaded that she was “a patient of breast cancer” and was unwell.

However, the petition said, Thakur had been seen participating in various programmes since her release from jail, adding that she misguided the court about her health as she appeared fit to fight elections and campaign in peak summer.

During the hearing for bail, Pragya’s lawyer had in a written statement before the high court said she was suffering from breast cancer and was unable to walk without support.

Opposing Thakur’s bail and her discharge plea, Bilal said even though the NIA did not have anything to say against Thakur, it was his duty to “inform the court about this development which hurt the bomb blast victims massively”.

“That the intervener respectfully prays that accused number 1 (Thakur) may be asked to attend court proceedings here in Mumbai and barred to contest the election as trial is still in progress and petition of cancellation of bail is sub-judice before the Honourable Supreme Court,” Bilal said in his plea.

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# India

The Kerala High Court, on Thursday, granted bail to M K Nasar, one of the individuals convicted by the special NIA court last year in the case of chopping the hands of Professor T J Joseph in 2010. A division bench comprising Justice Raja Vijayaraghavan and Justice P V Balakrishnan suspended Nasar’s sentence and granted conditional bail to him after considering his appeal against the NIA court’s conviction in the case Considering the prolonged detention and citing the potential for trial delays, the court suspended Nasar’s sentence and granted conditional bail, taking into account that some co-accused with similar allegations had already been released after serving shorter terms. The court noted that he had already spent nine years in jail and that delays in resolving appeals could justify suspending a convict’s prison term. It also observed that other accused in the case had received lesser sentences and had already been released after serving their terms. “The applicant has been undergoing incarceration, at the pre-conviction and post-conviction phases, for over 9 years. Furthermore, the fact that the accused facing the same allegations were earlier imposed a lesser term of imprisonment and have been released after having undergone the sentence is a factor that cannot be ignored. Additionally, the appeals filed by the NIA against the findings of the learned Sessions Judge are being considered in separate appeals, which have not yet been taken up. “There is also the likelihood of delay, as the prime accused has surrendered, and the learned Sessions Judge may have to take up the trial and dispose of it in accordance with the law and some of the original records may be required for that purpose. In view of these facts and circumstances, we are of the considered opinion that the sentence imposed on the applicant can be suspended pending the consideration of the appeal.” The court said The court, however, imposed strict conditions for Nasar’s bail. He is not supposed to provide a bond of Rs 1 lakh with two sureties, refrain from leaving the country without the court’s permission, avoid interfering with the trial or witnesses, and not commit similar offences while on bail The gruesome incident dates back to July 4, 2010, when Joseph, a professor at Newman College, Thodupuzha, was returning from Sunday mass with his family, members of the now-banned Popular Front of India (PFI) attacked him, allegedly in retaliation for a question paper he set, which contained a passage that they claimed insulted Prophet Mohammed was derogatory. His right hand was chopped off in this attack. Nasar was accused of playing a critical role in the attack. Investigations revealed his involvement in recruiting gang members, assigning specific tasks, collecting funds, procuring communication devices, and maintaining communication links with key conspirators.

The Kerala High Court, on Thursday, granted bail to M K Nasar, one of the individuals convicted by the special NIA court last year in the case of chopping the hands of Professor T J Joseph in 2010.