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Time of India
22-05-2025
- Politics
- Time of India
HC removes adverse remarks from Nainital rape accused's son's PWD transfer order
Dehradun: Uttarakhand high court on Thursday removed adverse remarks from the transfer order of a public works department assistant engineer whose father has been accused of raping a 12-year-old girl in Nainital last month. Rizwan Khan , who was moved from Khatima to Ghansali in April, challenged the transfer, saying it appeared "retaliatory and violated" transfer norms, especially as the order was widely circulated on social media before he received it officially. Rizwan is the son of Mohammad Usman , a 73-year-old contractor arrested for allegedly raping a minor in Nainital on April 12, 2025. The incident came to light on April 30 when the girl informed her family. Usman's arrest led to widespread outrage and communal tensions in the area. Prominent Muslim leaders also publicly expelled Usman from the community. Rizwan was posted in the Loniwi construction division in Khatima and was transferred to the temporary division in Ghansali, Tehri Garhwal. While the order was officially labelled administrative, Khan filed a petition under the Uttarakhand Transfer Act, 2017, claiming it was "punitive and in violation of section 18(4)". Appearing before the division bench of Justice Manoj Kumar Tiwari and Justice Ashish Naithani, Khan's advocate, Kartikeya Hari Gupta, said, "The transfer order included baseless allegations such as 'laxity in work' and 'non-compliance with seniors' orders'. Rizwan had no issue with the new posting, but the language in the order had harmed his professional standing." He also expressed concern that the order had been leaked online before being formally served, suggesting a "breach of procedure and possible bias". The court accepted the petition and ordered the removal of all adverse remarks. "After the court's decision, the transfer stands as one made in public interest," said Gupta. The bench did not stay the transfer and allowed the department to act under rules if genuine violations were found. Gupta also faced online threats and impersonation for representing Usman. A fake social media account, falsely attributed to Gupta, shared inflammatory content, prompting him to lodge a police complaint. The court separately ordered Nainital police to investigate coordinated online abuse targeting judges and lawyers involved in the case. The court had also questioned a resolution passed by the Nainital Bar Association, which urged its members not to represent Usman, reiterating that every accused is entitled to legal defence. Meanwhile, Usman remains in judicial custody after a special Pocsocourt in Haldwani denied him bail.
Time of India
15-05-2025
- Politics
- Time of India
HC orders probe into online abuse of judges, lawyers in Nainital minor rape case
Dehradun: on Thursday directed Nainital police to investigate and report online abuse targeting its judges and lawyers in a rape case involving a minor girl. The court has asked SSP Nainital to submit a report by Monday. Tired of too many ads? go ad free now The rape case pertains to the alleged sexual assault of a 12-year-old girl by 73-year-old contractor Mohammad Usman in Nainital on April 12, an incident that led to largescale violence and arson in the hill station. Though the crime was allegedly committed on April 12, it came to light on April 30 when the girl informed her parents. Police arrested Usman soon after. During Thursday's hearing, a division bench of Chief Justice G Narendra and Justice Alok Mehra took strong exception to the online targeting of judicial officers and lawyers. "How can the name of the high court be misused in hate speeches, and why has the administration done nothing? What is the high court bar doing?" the court said, while hinting it may take judicial notice of the hate content. The bench was hearing a petition challenging the transfer of Rizwan Khan, an assistant engineer in the public works department, from Khatima to Ghansali. Rizwan is the son of Usman, the rape accused. His counsel Kartikey Hari Gupta said the transfer had been carried out without any prior notice or valid reason, in violation of the Uttarakhand Transfer Act 2017. He claimed that the May 5 transfer, which was officially justified on administrative grounds, appeared punitive as it followed the rape case. He also said the order was shared by right-wing leaders on social media before the petitioner received it. "We have pleaded before the Hon'ble court that the transfer order violates the Uttarakhand Transfer Act 2017. The law mandates that any transfer on administrative grounds must be preceded by a due inquiry, which was never conducted in this case," Gupta said. Tired of too many ads? go ad free now Advocate general S N Babulkar and chief standing counsel Chandrashekhar Rawat defended the decision, saying it was made in accordance with established norms. The court did not grant immediate relief and scheduled the next hearing for Monday. Earlier, the Nainital Bar Association passed a resolution urging its members not to representUsman. The high court, however, questioned the move, noting that every accused has the right to legal representation. The Muslim community in Nainital later publicly expelled Usman and pledged to support the survivor's medical and educational needs.
Time of India
04-05-2025
- Politics
- Time of India
Nainital minor rape: Lawyer representing accused's wife files complaint over death threats, fake communal post
Nainital: The lawyer representing the wife of the man accused of raping a 12-year-old girl in a separate case has allegedly received life threats and faced online impersonation through a fake social media account that posted inflammatory content in his name. Tired of too many ads? go ad free now The incident led the advocate to file a police complaint on Sunday. Advocate Kartikay Hari Gupta is representing Husan Begam, 60, the wife of accused Mohd Usman, in a case challenging a demolition notice to her home issued by the Nainital municipal council soon after her husband's arrest in the rape case. Gupta told TOI he does not use social media and a fake account created on Facebook posted vulgar and communal content falsely attributed to him. "I have no social media accounts, but some friends informed me about people targeting me online, after which I saw the post," the lawyer said. He also pointed out that an old photograph of him with former chief minister Harish Rawat was being circulated to link him to Congress, which he described as 'misleading'. Gupta added that he and his family received life threats on various online platforms as part of the harassment campaign. "The content is not only abusive and inflammatory but clearly designed to damage my professional standing and communal harmony," he said, urging authorities to take swift legal action. He also warned of the broader risks of allowing such misinformation to circulate unchecked, saying it undermines trust in the judiciary and threatens the safety of those involved in legal processes. Legal experts and civil society groups also raised concerns over the use of digital platforms to target lawyers involved in high-profile or sensitive cases, calling for improved protection and prompt investigations. Tired of too many ads? go ad free now SP Jagdish Chandra confirmed receiving Gupta's complaint and said a police investigation was in progress. "We are verifying the allegations before initiating legal action," he told TOI. Usman is accused of raping a minor in Nainital on April 12. His arrest triggered communal tension, protests, and vandalism in Nainital. The Nainital Bar Association recenty passed a resolution urging its members not to represent Usman in court. The association said anyone taking up his case would face disciplinary action. The high court, however, observed that every accused is entitled to legal representation and questioned the bar's position.
