Tag: appeal

  • Rahul Gandhi to file appeal in Surat court against conviction in defamation case

    Rahul Gandhi to file appeal in Surat court against conviction in defamation case

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    Surat: Congress leader Rahul Gandhi will be in Gujarat’s Surat city on Monday to file an appeal in a court against his conviction in a criminal defamation case over his “Modi surname” remarks.

    Senior Congress leaders, including Priyanka Gandhi Vadra, chief ministers of three Congress-ruled states, and other national and state party leaders are likely to accompany him to the court, sources said.

    Gandhi’s lawyers said the matter is likely to be taken up for hearing by the sessions court on Monday itself.

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    The Congress leader will seek suspension of his sentence by the sessions court, they said.

    Gandhi will land in Surat at around 2 pm, as per the Congress sources.

    Rajasthan Chief Minister Ashok Gehlot, Congress Rajya Sabha member K C Venugopal, and other senior party leaders will also be in Surat.

    Congress general secretary Priyanka Gandhi Vadra, Chhattisgarh Chief Minister Bhupesh Baghel, and Himachal Pradesh CM Sukhvinder Singh Sukhu are also likely to be in the city as Gandhi moves court, the sources said.

    The court of Chief Judicial Magistrate H H Varma here had on March 23 convicted 52-year-old Gandhi and sentenced him to two years in jail in a 2019 criminal defamation case filed against him over his “Modi surname” remarks.

    It had held the Congress leader guilty under Indian Penal Code sections 499 and 500.

    The court had also granted him bail and suspended the sentence for 30 days to appeal in a higher court.

    The former Congress chief was on March 24 disqualified from the Lok Sabha following his conviction by the Surat court in the case.

    Following his disqualification, Gandhi would not be able to contest elections for eight years unless a higher court stays his conviction and sentence.

    The case was filed against Gandhi on a complaint by Bharatiya Janata Party MLA and former Gujarat minister Purnesh Modi for the Congress leader’s alleged remarks “How come all thieves have Modi as the common surname?”

    Gandhi, who had served as an MP from Wayanad in Kerala, made the remarks while addressing a rally at Kolar in Karnataka on April 13, 2019, during the Lok Sabha elections campaign.

    The sentence of two years invited his disqualification from the membership of Parliament under provisions of the Representation of the People Act, 1951.

    The RP Act holds that an MP or a member of the legislative Assembly (MLA) convicted for any offense and sentenced to imprisonment for not less than two years shall be disqualified from the date of conviction.

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    #Rahul #Gandhi #file #appeal #Surat #court #conviction #defamation #case

    ( With inputs from www.siasat.com )

  • Rahul to appear in Surat court on Monday for filing of appeal

    Rahul to appear in Surat court on Monday for filing of appeal

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    New Delhi: Congress leader Rahul Gandhi will be present in a court in Gujarat’s Surat on Monday as an appeal is filed against his conviction and sentencing in a criminal defamation case while party workers and leaders are reaching there.

    The legal team has done all the preparation for the appeal, party sources said.

    Gandhi was convicted on March 23 in the defamation case and sentenced to two years jail, following which he was disqualified from the Lok Sabha.

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    Congress President Mallikarjun Kharge on Thursday had said that a legal team was working on the case.

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    #Rahul #Surat #court #Monday #filing #appeal

    ( With inputs from www.siasat.com )

  • Owaisi slams Cong for decision to appeal 2008 Jaipur blasts verdict

    Owaisi slams Cong for decision to appeal 2008 Jaipur blasts verdict

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    Hyderabad: AIMIM chief Asaduddin Owaisi on Saturday slammed the Congress-led Rajasthan government for its decision to appeal the Rajasthan High Court’s decision to acquit four Muslim men in the Jaipur serial bomb blast case which rocked the state capital on May 13, 2008.

    Late on Friday night, at a high-level meeting, Chief Minister Ashok Gehlot reviewed the acquittal of the four accused. He decided to remove Additional Advocate General (AAG) Rajendra Yadav for the weak prosecution in the case with immediate effect.

    Also, Chief Minister Gehlot ordered a Special Leave Petition (SLP) in the Supreme Court at the earliest against the acquitted accused.

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    Owaisi said that the HC had raised serious questions on the ATS officer and that many evidences appear to be forged.

    “…The court said that many evidences appear to be forged, action should be taken against the investigating officer. The Gehlot government wants to appeal instead of investigating. Don’t know how many thousands of innocent Muslims’ lives have been ruined because of the UAPA-love of the Congress. Junaid-Nasir were brutally murdered by Hindutvaists in Rajasthan a few months back, till now only one accused has been caught,” Owaisi said in a series of tweets.

    The Hyderabad MP further questioned the Gehlot government on why it was silent when the Centre did not appeal against the verdict acquitting the culprits in the Khwaja Ajmer Dargah bomb blast case.

    “….Why was the Gehlot government silent then? From this you must have got an idea for whom the heart of Congress beats,” he remarked.

    In this context, the AIMIM chief also took a dig at Congress leader Rahul Gandhi on his ‘Mohabbat ki Dukan remark he made during the Bharat Jodo Yatra in Jaipur. “Where are those people who were setting up ‘Mohabbat ki Dukan’ by conducting seminars in Jaipur? What is his stand?” he asked.

    A division bench of Justices Pankaj Bhandari and Sameer Jain acquitted these four convicts who had presented 28 appeals in the High Court. The hearing on this entire case was going on for 48 days.

    In its verdict, the bench reportedly said that the investigating officer did not have legal knowledge. Therefore, instructions have been given to the DGP to take action against the investigating officer as well. The court has also asked the Chief Secretary to conduct an inquiry into the investigating officer.

    Syed Sadat Ali, the lawyer representing the accused, said that the High Court has termed the entire theory of ATS wrong, which is why the accused have been acquitted.

    He said that four accused were sentenced to death by the sessions court. “We had come to the High Court against that decision. One of the accused is a minor. The court has accepted that he was 16 years old at the time of the incident. The court acquitted the accused by saying that there is no proof against the accused. ATS and Prosecution have not been able to prove the allegations. Neither planting bombs has been proved nor was it proved that the accused had bought the cycle.”

    “The court made strong remarks about the Investigation Officer while giving the verdict. The court has ordered DGP Rajasthan to take action against Rajendra Singh Nayan, Jai Singh and retired IPS officer Mahendra Chaudhary, who were the investigating officers of the entire case. In the 10-page judgment, the court said that the theory of the police does not match with the entire case.”

    On May 13, 2008, there were serial bomb blasts at 8 places in the walled city. In these, 71 people were killed, while 185 were injured. The court found Mohd Saif, Saifur Rahman, Sarwar Azmi and Mohd Salman guilty of murder, sedition and the Explosives Act.

    A total of 13 people were made accused in this case by the police. Three accused are still absconding, while two are lodged in jails of Hyderabad and Delhi. The remaining two criminals have been killed in the Batla House encounter in Delhi. The four accused were lodged in Jaipur jail and were sentenced to death by the lower court.

    Former BJP state chief Satish Poonia said: “The acquittal of all four convicted in such a big offense by the high court raises doubts on the advocacy of the Ashok Gehlot government of Rajasthan.

    “The manner in which the evidence was presented by the ATS, and later it was clipped and edited and the manner in which the court said that the prosecution was not done properly and the evidence did not come in a proper manner, raises doubts on the side of the investigation.”



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    ( With inputs from www.siasat.com )

  • AAP will appeal in Delhi HC for Sisodia’s bail: Sanjay Singh

    AAP will appeal in Delhi HC for Sisodia’s bail: Sanjay Singh

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    New Delhi: Senior AAP leader and Rajya Sabha MP Sanjay Singh said Friday the party will move the Delhi High Court after a city court denied bail to former minister Manish Sisodia in an excise policy scam case.

    Eight people involved in this matter were granted bail, two of whom even received anticipatory bail, but Sisodia’s bail application was wholly rejected, he said.

    The MP called the decision “shocking” and said the party would appeal against it in the high court.

    “We respect the judiciary and the courts, but the Constitution gives us the right to agree and disagree with the judgments of the judiciary, as well as the right to appeal against them. Anyone who sees this order will see the truth,” he said.

    He urged the judiciary to reconsider its decision and emphasised the importance of upholding the principles of justice and fairness.

    A Delhi court dismissed the bail plea of former Deputy Chief Minister Sisodia in the excise policy scam case of CBI, saying he was “prima facie the architect” and played the “most important and vital role” in the criminal conspiracy relating to alleged payment of advance kickbacks of around Rs 90-100 crore, meant for him and his colleagues in the Delhi government.

    Observing that the release of Sisodia, who is in custody since February 26 in the case, at the moment will “adversely affect the ongoing investigation”, special CBI judge M K Nagpal said.

    The CBI arrested Sisodia in connection with alleged corruption in the formulation and implementation of the now-scrapped Delhi Excise Policy 2021-22 after several rounds of questioning.

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    #AAP #appeal #Delhi #Sisodias #bail #Sanjay #Singh

    ( With inputs from www.siasat.com )

  • Arizona court declines most of Kari Lake’s appeal over governor’s race

    Arizona court declines most of Kari Lake’s appeal over governor’s race

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    kari lake election challenge 53409

    In her challenge, the former TV anchor focused on problems with ballot printers at some polling places in Maricopa County, home to more than 60% of the state’s voters.

    The defective printers produced ballots that were too light to be read by the on-site tabulators at polling places. Lines backed up in some areas amid the confusion. Lake alleged ballot printer problems were the result of intentional misconduct.

    County officials say everyone had a chance to vote, and all ballots were counted because those affected by the printers were taken to more sophisticated counters at election headquarters.

    In mid-February, the Arizona Court of Appeal rejected Lake’s assertions, concluding she presented no evidence that voters whose ballots were unreadable by tabulators at polling places were not able to vote.

    The appeals court noted that even a witness called to testify on Lake’s behalf confirmed ballots that couldn’t initially be read at polling places may ultimately have been counted. And while a pollster testified that the polling place problems disenfranchised enough voters to change the election’s outcome, the appeals court said his conclusion was baseless.

    Lake’s attorneys also said the chain of custody for ballots was broken at an off-site facility where a contractor scans mail-in ballots to prepare them for processing. The lawyers asserted that workers put their own mail-in ballots into the pile rather than returning them through normal channels, and that paperwork documenting ballot transfers was missing. The county disputes the claims.

    Hobbs’ attorneys have said Lake was trying to sow distrust in Arizona’s election results and offered no proof to back up her allegations.

    Lake faced extremely long odds in her challenge, which required proving misconduct specifically intended to deny her victory and that it resulted in the wrong woman being declared the winner.

    Hobbs took office as governor on Jan. 2.

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    #Arizona #court #declines #Kari #Lakes #appeal #governors #race
    ( With inputs from : www.politico.com )

  • Asaram files appeal in Gujarat HC against conviction in rape case

    Asaram files appeal in Gujarat HC against conviction in rape case

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    Ahmedabad: The Gujarat High Court on Thursday admitted to hearing an appeal filed by self-styled godman Asaram against a recent trial court order convicting him of rape.

    The Gandhinagar sessions court in January this year sentenced Asaram to life imprisonment in a rape case, based on a complaint filed by a former woman disciple in 2013.

    A division bench of Justices S H Vora and Mauna Bhatt heard the appeal briefly on Thursday and admitted it for final hearing.
    The sessions court convicted Asaram of rape, unnatural offences and wrongful confinement.

    A woman disciple from Surat had alleged that Asaram raped her on several occasions between 2001 to 2007 at his ashram at Motera near Ahmedabad. The 81-year-old `godman’ is currently serving a life sentence in a Jodhpur jail in another case where he was accused of raping a girl at his ashram in Rajasthan in 2013.

    In its order, the Gandhinagar court noted that Asaram sexually abused a victim who was younger than his daughter.

    “The accused committed a very serious crime against society and such a heinous crime cannot have any place of sympathy and should be punished to the fullest extent prescribed by law…It becomes the moral responsibility not only of the society but also of the court to set an example and prevent such behaviour,” Additional Sessions Judge D K Soni noted in the order.

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    #Asaram #files #appeal #Gujarat #conviction #rape #case

    ( With inputs from www.siasat.com )

  • Ridwana becomes 1st Muslim woman appointed CEO of Penny Appeal

    Ridwana becomes 1st Muslim woman appointed CEO of Penny Appeal

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    Ridwana Wallace-Laher has made history becoming the first Muslim woman to be appointed the new Chief Executive Officer (CEO) of Wakefield-based Penny Appeal, the Muslim international humanitarian charity.

    Ridwana’s appointment comes after being part of the Penny Appeal team on and off for eight years.

    “I’m really pleased, these are exciting times and I feel like a trendsetter,” the former Co-op Academy Grange teacher told The Telegraph & Argus.

    Penny Appeal took to Twitter and wrote, “📣 Welcoming our new Chief Executive Officer, Ridwana Wallace-Laher @RizzWL 😊🍊”

    “With close to a decade of experience in the humanitarian sector, we’re thrilled to have Ridwana at the helm, who also happens to be the first female CEO of a major British Muslim-led charity!,” Penny appeal added.

    Founded in 2009, Penny Appeal provides relief from poverty across Asia, the Middle East and Africa by providing water solutions, organizing group feeding, supporting orphan care, and providing emergency food and medical aid.

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    ( With inputs from www.siasat.com )

  • Bhiwani killings: Appeal launched to support kin of Junaid, Nasir

    Bhiwani killings: Appeal launched to support kin of Junaid, Nasir

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    A few days ago, two men named Nasir, aged 25 years, and Junaid alias Juna, aged 35 years were abducted and charred to death. Their charred bodies were found inside a burnt vehicle in Haryana’s Bhiwani district on February 16.

    It has been alleged that the youths were burnt alive on suspicion of being involved in cow smuggling.

    According to the relatives of the deceased, the two were first badly beaten by 8 to 10 men and then kidnapped by their assaulters. The kin also said that the youths were later burnt to death.

    Appeal launched for kin of Junaid, Nasir

    Junaid who was the sole bread-earner of the family is survived by his wife Sajda, and six children. As his brother is not mentally stable, Junaid used to take care of his brother’s family too.

    On the hand, Nasir’s family also needs financial assistance to start their life again. The families of both victims are poor.

    Now as these families are left with no one to take care of, editor of Siasat Urdu Daily Zahid Ali Khan, former Rajya Sabha MP Brinda Karat, Secretary of Faiz-e-Aam Trust Iftekhar Hussain, and Maqdoom Mohiuddin of Bibi Amena Multi Speciality Hospital have appealed to philanthropists to help the kin of the victims as much as possible.

    The amount can be transferred to the bank accounts of the victims’ kin. The details of the bank account of Junaid’s wife are as follows:

    Account holder name: MS Sajida
    Account No. :2676001700092464
    MICR Code: 321024525
    IFSC Code: PUNB0267600.
    Bank name: Punjab National Bank

    Nasir’s family account details are as follows:

    Account number- 2676001700018657
    IFSC code: PUNB0267600
    Bank name: Punjab National Bank

    Details Bhiwani killings

    The youths Nasir and Junaid were kidnapped, lynched, and murdered allegedly by members of the Bajrang Dal, including Monu Manesar, on suspicion of their involvement in cow smuggling.

    Their bodies were found inside a burnt vehicle in Bhiwani district, Haryana.

    So far in the case, Rajasthan police arrested one accused Rinku Saini out of nine persons reportedly involved in the killing. The police released the pictures of the eight accused.

    Recently, Brinda Karat and other visited the victims’ house and met with family members.

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    #Bhiwani #killings #Appeal #launched #support #kin #Junaid #Nasir

    ( With inputs from www.siasat.com )

  • EX-ISIS bride loses appeal to regain her British citizenship

    EX-ISIS bride loses appeal to regain her British citizenship

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    London: A Bangladeshi-origin British woman, who fled the UK as a 15-year-old schoolgirl to join the Islamic State (ISIS) terrorist network, on Wednesday lost a legal bid before a specialist tribunal to regain her British citizenship and return to the country.

    Now aged 23, London-born Shamima Begum had challenged then Home Secretary Sajid Javid’s decision to revoke her British citizenship on national security grounds in 2019 at the Special Immigration Appeals Commission (SIAC).

    Justice Robert Jay ruled that concerns raised by her lawyers over her “sexual exploitation” and breaches of duty by certain state bodies did not trump the home secretary’s legal duty to make a national security decision to strip Begum of her British nationality.

    “There is some merit in the argument that those advising the secretary of state see this as a black and white issue, when many would say that there are shades of grey,” said Justice Jay.

    “In my mind and that of colleagues, it is not conceivable that even a 15-year-old… an intelligent, articulate and presumably critically thinking individual – would not know what (ISIS) was about. In some respects, I do believe she knew what she was doing and had agency in doing so,” the judgment notes.

    The British government has claimed Begum could seek a Bangladeshi passport given her heritage but her family has argued that she is British and has never held Bangladeshi citizenship.

    The specialist tribunal accepted that Javid’s conclusion to revoke her British citizenship was “an integral part of the overall national security assessment carried out by the Security Service” and therefore not a matter for the court.

    “If asked to evaluate all the circumstances of Begum’s case, reasonable people with knowledge of all the relevant evidence will differ, in particular in relation to the issue of the extent to which her travel to Syria was voluntary and the weight to be given to that factor in the context of all others,” notes Justice Jay.

    “Likewise, reasonable people will differ as to the threat she posed in February 2019 to the national security of the United Kingdom, and as to how that threat should be balanced against all countervailing considerations. However, under our constitutional settlement these sensitive issues are for the secretary of state to evaluate and not for the Commission,” he said.

    Begum, referred to as an ISIS bride for marrying a Dutch member of the terror network in Syria, gave birth to three children – all of whom later died. She and two fellow teenage schoolgirls at Bethnal Green Academy travelled from east London to Syria in 2015.

    At a five-day SIAC hearing in November last year, Begum’s lawyers said that she was “recruited, transported, transferred, harboured and received in Syria for the purposes of ‘sexual exploitation’ and ‘marriage’ to an adult male”.

    Justice Jay found that there was “credible suspicion” Begum was a victim of trafficking to Syria.

    “The motive of bringing her to Syria was sexual exploitation for which, as a child, she could not give valid consent,” he said, during a brief hearing on Wednesday.

    However, the commission ultimately concluded the home secretary was not formally required to consider whether Begum was a victim of trafficking when he removed her citizenship.

    The UK Home Office welcomed the ruling and said in a statement: “We are pleased that the court has found in favour of the government’s position in this case.

    “The government’s priority remains maintaining the safety and security of the UK and we will robustly defend any decision made in doing so.” Last year, the UK Supreme Court upheld the decision to bar the now 23-year-old from returning to the UK. Begum currently lives in a detention camp in northern Syria and has been fighting to return to her home in east London, claiming the only law she broke was to travel to Syria and had not participated in any ISIS atrocities.

    Her legal team has indicated plans to mount further challenges to restore her British citizenship.

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    ( With inputs from www.siasat.com )

  • UN launches $1 bn appeal for earthquake victims in Turkey

    UN launches $1 bn appeal for earthquake victims in Turkey

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    The United Nations (UN) has launched an appeal for 1 billion dollars in aid to help the victims of the catastrophic earthquakes that struck Turkey on Monday, February 6, killing thousands of people.

    The international organization said in a statement that the money would provide three months of humanitarian relief to 5.2 million people, allowing aid organizations to “rapidly scale up vital support.”

    “Turkey is the country that hosts the largest number of refugees in the world, and it has been generous with its Syrian neighbors for years,” said UN Secretary-General Antonio Guterres.

    Guterres added that the time has come to support the Turkish people, who stand in solidarity with all those in the world who are asking for help.

    He continued, “I call on the international community to provide full support for this initiative to confront the largest natural disaster of our time.”

    The death toll from the devastating earthquakes that struck southern Turkey and northern Syria at dawn on February 6 exceeded 41,000 people, with hopes waning to find survivors 10 days after the disaster.

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    #launches #appeal #earthquake #victims #Turkey

    ( With inputs from www.siasat.com )