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Court grants permission to Darshan for foreign travel

Court grants permission to Darshan for foreign travel

Hans India5 days ago

Bengaluru: A Bengaluru trial court on Friday granted permission to Kannada actor Darshan Thoogudeepa to travel abroad for film shooting between July 1 and July 27. The 57th City Civil and Sessions Court had earlier reserved its order on Wednesday. Darshan, currently out on conditional bail, had approached the court under Section 439(1)(b) of the Criminal Procedure Code, seeking approval to travel to Dubai and Europe.
The actor is the second accused in the murder case of his fan Renukaswamy, which allegedly involves his partner Pavithra and 15 others. The Special Public Prosecutor strongly opposed the petition, arguing that if Darshan is allowed to leave the country, there is a serious risk he may not return, potentially derailing the trial proceedings.
Following his release on bail, Darshan resumed filming for his upcoming movie 'Devil'. Although his movements were initially restricted to Bengaluru, he previously obtained court permission to travel within India. This latest plea sought an extension of those permissions to include international travel and the court allowed it on Friday.
Darshan, Pavithra, and others were arrested on June 11, 2024, for allegedly kidnapping and murdering Renukaswamy, a 33-year-old Darshan fan from Chitradurga. The Karnataka police have challenged the bail granted to Darshan and others in the Supreme Court. On January 24, 2025, the apex court issued notices to the actor, Pavithra, and five other co-accused, following a state government appeal.
As per the bail conditions, Darshan is required to appear before the court every month. Controversy continues to swirl around the actor, who previously skipped court proceedings citing severe back pain but was later spotted attending a movie premiere alongside actor Chikkanna, a key witness in the case.
On April 8, a Bengaluru court criticised Darshan for his absence, warning that no future excuses would be entertained. On May 21, the Karnataka police submitted an additional charge sheet against the actor and other accused, further deepening the legal battle.

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Manowara Bewa, a barely literate Muslim widow in her fifties, is 'missing'. Manowara, who is from Dhubri, a district in western Assam bordering Bangladesh, was designated an 'illegal foreigner' by a foreigners tribunal in 2016. Unique to Assam, foreigners tribunals are quasi-judicial bodies that assess citizenship based on lineage and a 1971 cut-off date. These bodies rely primarily on documents submitted by individuals to establish their family's residence in Assam (or India) before 1971. On May 24, amid a renewed crackdown on unauthorised migrants in Assam, Manowara was arrested from her home despite her ongoing appeal against the tribunal ruling in the Supreme Court. Her family and lawyers suspect that she has been secretly 'pushed back' into Bangladesh by Indian authorities. 'Push-back' is the term the Indian authorities use when they force people suspected of being undocumented migrants across the border into Bangladesh. 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In March 2016, Foreigners Tribunal No. 5 of Dhubri declared Manowara an 'illegal foreigner', dismissing her documentary claims – her father's name in the 1951 National Register of Citizens prepared in Assam during the census that year and the 1966 electoral roll; her family's land documents from 1965; a gaon or gram panchayat certificate to establish her native village; and a certificate from the school she studied till Class 4. The tribunal attributed minor variations in names, arising from phonetic and transliteration mismatches, to intentions of fraudulence. All documents that could first verify Kashem Ali's identity and second demonstrate that Manowara was his daughter were rejected. Soon after, Manowara, then working as a cook at a madrasa, was arrested and sent to a detention centre. When I interviewed her son a few years ago for my book No Land's People, he recounted that he had to leave his job at a footwear manufacturing plant in Delhi to return home after hearing of his mother's arrest. The family's limited resources ran out, leaving him to care for himself and his younger sister. Through these years, Manowara's struggle to prove her citizenship has pitched her into a legal process that has often been criticised as arbitrary and loaded against the poor and marginalised because of its excessive reliance on error-proof documents. It has also coincided with crucial shifts in Assam's citizenship crisis. Her case was at the heart of a far-reaching development in 2017 – the state's decision to question the gaon or gram panchayat certificate, one of the most important documents on which poor, uneducated women relied to claim citizen status in the National Register of Citizens and continue to do so in foreigners tribunal cases. The National Register of Citizens is a list of legitimate Indian citizens in Assam, which was updated in 2019 after a rigorous and exhaustive verification of the ancestral documents of millions of residents. The doubts cast over gaon panchayat certificates made thousands of women vulnerable and the increased scrutiny of the document, some say, cost them their citizenship. In 2019, Manowara's release on bail from the detention centre was part of a shift in policy that allowed many 'declared foreigners' in Assam to return to their lives, provided they met their bail conditions. Her recent arrest and her son's concern that she may have been surreptitiously forced out of India warn of a troubling change in the country's approach to Assam's declared foreigners. The rejected documents The complications with Manowara's paperwork – inconsistencies in names and ages across ancestral documents – that led to her being declared a foreigner in 2016 broadly illustrate the reasons for the exclusion of a vast number of people in Assam from Indian citizenship. At the foreigners tribunal, Manowara claimed that her father, Kashem Ali, was listed in the 1951 National Register of Citizens, proof that her lineage in Assam dated back to the years before 1971. That year, the creation of Bangladesh resulted in millions of refugees seeking shelter in India. Manowara's family has a certified extract from the 1951 National Register of Citizens listing their names. It was issued in 1993 by the officer in charge of their local police station, Golakganj. Many Muslim families, especially in western Assam, hold similar certified extracts issued during the 1980s. 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Nevertheless, these two documents – the school certificate and the gram panchayat certificate – which connected Manowara to her father, Kashem Ali, were not proven to the satisfaction of the foreigners tribunal and were discarded. The High Court reviewed Manowara's written submissions to the tribunal and the documents presented before it. But in early 2017, Justices Ujjal Bhuyan and Rumi Kumari Phukan dismissed Manowara's petition, upholding the foreigners tribunal order that she was an 'illegal foreigner'. A setback for women In the High Court, Manowara's lawyers attached a second gram panchayat certificate, which stated that Manowara, aged 35 in 2015, was the daughter of Kachim Ali of Sukhatikhata and that she had married Sapial Hoque. After this, she moved to her husband's village, Khoderchar. The High Court order pointed out that the certificate states she migrated to Khoderchar, while the first panchayat certificate indicated that she lived in Khagrabari. Her lawyers, in their petition to the Supreme Court, argued that Manowara had indeed migrated to Khoderchar, but moved back to her ancestral village of Sukhatikhata after the death of her husband – all neighbouring areas in the same district. As they had previously argued, Sukhatikhata was carved out of Khagrabari, and were neighbouring villages. Presented with two certificates from two village panchayats, the Gauhati High Court decided to expand the scope of the case beyond Manowara's foreigners' tribunal order to what it termed a 'larger issue', questioning the very need and legality of such gram panchayat documents. The National Register of Citizens procedure had permitted married women to utilise certificates from their village panchayats or circle officers as supporting documentation to establish their lineage. Women, especially those from marginalised Bengali-origin Muslim families, often lack documentation that identifies their parentage. This is largely due to factors such as not attending school, marrying before being registered on the electoral roll with their parents and not being mentioned as heirs in their family's land records. Hence, they rely on the village panchayat certificate, which states their parentage, to substantiate their claim for lineage-based citizenship in the National Register of Citizens or at a foreigners' tribunal. Over 40 lakh such documents were submitted in the National Register of Citizens. Summoned to the High Court, Prateek Hajela, the former Indian Administrative Service officer who led the National Register of Citizens exercise in Assam, submitted that these certificates did not certify citizenship. Rather, they were intended to clarify the parental linkage and residential status of married women who had migrated from their native villages to another location after marriage. The High Court finally ruled that a gram panchayat certificate was not admissible as a 'public document' and possessed 'no statutory sanctity'. Amnesty International criticised the order, commenting that it 'failed to consider the particular vulnerability of married women who migrate from their paternal homes at a young age to their marital homes and thus find it difficult to prove a documented linkage to their parents'. Several appeals contesting the ruling, including one by Manowara, were filed at the Supreme Court. In December 2017, the top court set aside the High Court's order, clarifying that the certificates would not prove citizenship and would only be used to establish lineage between the holder and their ancestors. But the court asked that the authenticity of the certificate and its contents be verified through an 'exhaustive process'. The legal doubts surrounding the certificates cost many marginalised women their citizenship, according to lawyers and activists. Following the Supreme Court order, 'special verification' hearings were conducted for such documents issued to married women in the National Register of Citizens in 2018. Nearly 50,000 married women who had submitted gram or gaon panchayat certificates and were included in the first draft of the NRC were excluded in the second draft after the special verification hearings. The humanitarian crisis 'Declared foreigners' are not individuals who have been apprehended at India's borders, attempting to enter the country without documentation on the sly. They are typically long-term residents with families and properties in Assam, who assert that they are Indian citizens. Most declared foreigners appeal to the High Court, and subsequently to the Supreme Court, if necessary, to prove their Indian citizenship. Bangladesh accepts 'convicted foreigners' – Bangladeshi nationals whom judicial courts in India convict. But it rarely accepts 'declared foreigners'. The humanitarian crisis in Assam's citizenship imbroglio begins here – neither India nor Bangladesh acknowledges the 'declared foreigners' as their own. The Supreme Court, it is worth noting, has not yet determined whether Manowara is a foreigner. Manowara remained in detention until 2019, when she was released under a Supreme Court order allowing conditional bail to 'declared foreigners' who had spent three years in detention. Given the bleak prospects of deportation, the 2019 Supreme Court order was followed by another in 2020, which reduced the detention period to two years amid the Covid-19 pandemic. As a result, hundreds of declared foreigners were conditionally released from detention. If Manowara was released on bail with her case pending in the Supreme Court, how is it that she is thought to have been been arrested and pushed into Bangladesh now? The answer may lie in what seems to be a change in the status quo, and the government's rethinking on how to deal with declared foreigners. In a case in February, a Supreme Court bench comprising Justices AS Oka and Ujjal Bhuyan asked the Assam government to being the process of deporting 63 'declared foreigners' currently held at the Matia detention centre, even if the addresses of these individuals in Bangladesh are unknown. The court ordered this after the Assam government claimed that the nationality of the 63 people was known (that they are Bangladeshis). The submission failed to indicate that the process of nationality verification for 'declared foreigners' can be considerably more complex than that for convicted foreigners. Their legal appeals against foreigners' tribunal orders in India can take years, as demonstrated by Manowara's case. Asked about the pushback of declared foreigners, Assam Chief Minister Himanta Biswa Sarma stated that the government is operating in accordance with the Supreme Court's directive. As part of this new crackdown, evidently not limited to 'declared foreigners' in detention but also those out on bail, Manowara was summoned to the police station on May 24 and has since been missing. The authorities have not provided any information regarding her whereabouts. Her family fears that she may have been 'pushed' across the border and there are claims that she has been spotted in a video from Bangladesh's Sherpur district. Bangladeshi officials have said that such ' pushbacks' are unacceptable and they 'violate established repatriation procedures and bilateral norms'. As Manowara's family awaits relief from the Supreme Court, there is no clear end in sight to her ordeal. Hers is a stark story of how an ordinary woman previously regarded as a citizen can be declared a foreigner, how discrepancies in documents can undermine her claims of belonging, and how a 'push-back' policy may have pitched her into another upheaval in the contentious citizenship question in Assam. Abhishek Saha is a DPhil candidate at the University of Oxford. He is the author of No Land's People: The Untold Story of Assam's NRC Crisis.

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