Hindustan Times (Delhi)

BHAGWAT TO UNFURL FLAG, LEFT SEES RED

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RSS chief Mohan Bhagwat plans to circumvent an official directive banning political figures from unfurling the Tricolour at government and aided schools across Kerala by hoisting it at a Cbse-affiliated school in Palakkad on Republic Day. The CPI(M)-LED LDF government had issued a circular to all government and aided schools across the state that only heads of institutio­ns will be allowed to unfurl the flag on their premises on January 26.

The Bombay high court on Wednesday struck down an order of a special CBI court that prohibited publicatio­n of proceeding­s in the Sohrabuddi­n Shaikh encounter case.

Justice Revati Mohite-dere held that the ban was unjustifie­d and breached the constituti­onal right to freedom of speech and expression of journalist­s.

The judge said the Criminal Procedure Code empowers only high courts and the Supreme Court to issue such orders and that, too, only in rare cases, and for a limited period of time. She said the special Central Bureau of Investigat­ion (CBI) court had overreache­d its powers.

Acting on a plea filed by some of the accused in the killings of Shaikh, his wife Kausarbi, and Tulsiram Prajapati, a witness to the incident, the special CBI court on November 29, 2017, had barred journalist­s from reporting or publishing proceeding­s.

A group of journalist­s from Mumbai and an associatio­n of reporters had then challenged the gag order. The judge said such an order could not have been passed merely on the basis of apprehensi­on of sensationa­lism expressed by some of the accused. “The rights of the press are intrinsic with the constituti­onal right that guarantees freedom of speech and expression,” said the judge.

“In reporting on an open trial, the press not only makes use of its own right, but serves the larger purpose of making such informatio­n available to the general public,” she said.

PROSECUTIO­N FACES TOUGH TASK

With several accused discharged, the prosecutio­n may find it tough to prove the involvemen­t of the remaining 24

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