Tag: Case

Bilkis Bano case: SC posts hearing on July 11, directs to serve notice to convict

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New Delhi: The Supreme Court on Tuesday posted for July 11 a batch of petitions challenging the pre-mature release of 11 convicts who had gang-raped Bilkis Bano and murdered her family members during the 2002 Godhra riots.
Abench of Justices KM Joseph, BV Nagarathna and Ahsanuddin Amanullah adjourned the matter for hearing after the summer break of the top court. The Supreme Court will go on summer vacation from May 20 till July 2.
The bench directed the issuance of notice to the convict, which remained unserved till now.

The apex court directed the publication of notice in local newspapers, including in Gujarati and English, against the convict who could not be served notice.
During the hearing, the bench was informed that the house of one convict was found by the local police to be locked and his phone was switched off also.
The next date of hearing of the matter, i.e. July 11 shall also be published in the notice to be carried in the newspapers, the top court directed.
The bench passed this order saying it’s adopting this process so that time is not wasted on the next date of hearing and it cannot be argued that service is left incomplete.
“Notice to be published in one English newspaper and one vernacular in circulation in the area,” the apex court directed.

On May 2 also the Supreme Court deferred the hearing of the case after some of the counsels for the convicts raised objections about not being served notices on the pleas.
Bilkis Bano and others had approached the top court challenging the premature release of 11 convicts.
Besides filing a petition against the per-mature release of convicts, Bano had also filed a review petition seeking a review of its earlier order by which it had asked the Gujarat government to consider the plea for the remission of one of the convicts.
The review petition was dismissed.
Some PILs were filed seeking directions to revoke the remission granted to 11 convicts.
The pleas were filed by the National Federation of Indian Women, whose General Secretary is Annie Raja, Member of the Communist Party of India (Marxist) Subhashini Ali, journalist Revati Laul, social activist and professor Roop Rekha Verma and TMC MP Mahua Moitra.
Gujarat government in its affidavit had defended remission granted to convicts saying they completed 14 years of sentence in prison and their “behaviour was found to be good”.
The State government had said it has considered the cases of all 11 convicts as per the policy of 1992 and remission was granted on August 10, 2022, and the Central government also approved the release of convicts.
It is pertinent to note that the remission was not granted under the circular governing grant of remission to prisoners as part of the celebration of “Azadi Ka Amrit Mahotsav”, it had said.
The affidavit stated, “State government considered all the opinions and decided to release 11 prisoners since they have completed 14 years and above in prisons and their behaviour was found to be good.”
The government had also questioned the locus standi of petitioners who filed the PIL challenging the decision saying they are outsiders to the case.
The pleas said they have challenged the order of competent authority of the government of Gujarat by way of which 11 persons who were accused in a set of heinous offences committed in Gujarat were allowed to walk free on August 15, 2022, pursuant to remission being extended to them.
The remission in this heinous case would be entirely against public interest and would shock the collective public conscience, as also be entirely against the interests of the victim (whose family has publicly made statements worrying for her safety), pleas stated.
The Gujarat government released the 11 convicts, who were sentenced to life imprisonment, on August 15. All the 11 life-term convicts in the case were released as per the remission policy prevalent in Gujarat at the time of their conviction in 2008.
In March 2002 during the post-Godhra riots, Bano was allegedly gang-raped and left to die with 14 members of her family, including her three-year-old daughter. She was five months pregnant when rioters attacked her family in Vadodara.
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#Bilkis #Bano #case #posts #hearing #July #directs #serve #notice #convict
( With inputs from www.siasat.com )

May 9, 2023
NIA raids 16 locations in J&K in case linked to newly launched militant outfits

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New Delhi, May 09: The National Investigation Agency (NIA) on Tuesday carried searches at 16 locations across Jammu & Kashmir in a case linked to newly launched militant outfits in the Union Territory.
In a statement, issued to the news agency—Kashmir News Observer (KNO), a spokesperson said that the searches were carried in the premises of cadres of hybrid militants and over ground workers linked to newly formed offshoots and affiliates of several major banned Pak-backed outfits.
The statement reads were conducted in Anantnag, Srinagar, Budgam, Shopian, Kulgam and Baramulla, Poonch, Rajouri and Kishtwar districts.
“The NIA has been investigating the activities of newly floated terrorist groups, such as The Resistance Front (TRF), United Liberation Front Jammu & Kashmir (UL J&K), Mujahideen Gazwat-ul-Hind (MGH), Jammu & Kashmir Freedom Fighters (JKFF), Kashmir Tigers, PAAF and others. These outfits are affiliated to Laskhar-e-Toiba (LeT), Jaish-e-Mohammed (JeM), Hizb-ul-Mujahideen (HM), Al-Badr, Al-Qaeda, etc,” it reads.
It added that the raids were part of NIA’s investigations into the activities of OGWs and cadres in support of these new outfits.
“These cadres and workers have been found involved in collection and distribution of sticky bombs/magnetic bombs, IEDs, cash, drugs and small weapons, as well as in spreading activities relating to violence and subversion in J&K. Investigations have further revealed that Pak-based operatives were using drones to deliver weapons, bombs, drugs etc. to their operatives and cadres in the Kashmir valley.”
It added that NIA had earlier on May 2 conducted raids at 12 locations in Jammu and Kashmir, leading to the seizure of incriminating material and digital devices, in the terror conspiracy case it had registered suo motu on 21 June 2022.
“The case (RC-05/2022/NIA/JMU) related to the hatching of a conspiracy, both physical and cyber space, and plans by the proscribed militant organisations to unleash violent militant attacks in J&K with sticky bombs, IEDs and small arms.”

It added the plans are part of a larger conspiracy by these outfits to commit acts of terror and violence, in association with local over ground workers, to disturb peace and communal disharmony in J&K—(KNO)
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#NIA #raids #locations #case #linked #newly #launched #militant #outfits
( With inputs from : roshankashmir.net )

May 9, 2023
Closely monitoring Guwahati child abuse case: Himanta Biswa Sarma

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Guwahati: Assam Chief Minister Himanta Biswa Sarma on Monday said he is closely monitoring a case in which a doctor couple was arrested for allegedly sexually abusing children who they claimed were adopted by them.
Sarma, while addressing a press conference, said he will write to the Chief Justice of the Gauhati High Court to ensure that justice is delivered within six months.
‘I have asked the police to file the chargesheet within 30-45 days. I am monitoring the case on a day-to-day basis,” he said.

A doctor and his family’s domestic help were arrested in Guwahati on Saturday, while his psychiatrist wife, who is frequently seen in local TV channels’ talk shows on mental health, was caught on Sunday while trying to flee from the city.
The police have slapped various Sections of the IPC along with Protection of Children from Sexual Offences Act, 2012 (POCSO) against the doctor couple and their maid, who has also been arrested.
After their arrest, they were produced before the Chief Judicial Magistrate who remanded the couple to five days police custody and the maid to judicial custody.
The police had received information that a four-year-old girl was tied to a pole in the terrace of their apartment and kept there for hours, following which a team from Paltan Bazar police station went to their apartment and picked up the doctor and his family domestic help on Friday evening.
The girl was sent for a medical examination and according to the report, she was sexually abused and had injury marks on her body as well as private parts,

The couple claimed they have three children whom they have adopted but the police are investigating whether they had followed proper legal procedure for adoption, Guwahati Police Commissioner Diganta Barah had said on Sunday.
The police also rescued the other two children from their apartment and sent them for medical examination.
The doctor’s wife had made a video on the day of his arrest and uploaded it on social media, claiming that a conspiracy was hatched to “defame and destroy” her family.
The Assam Commission for Protection of Child Rights (ASCPCR) has also taken cognisance of the matter and wrote to the civil and police administration to initiate an inquiry and take action against the accused.
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#Closely #monitoring #Guwahati #child #abuse #case #Himanta #Biswa #Sarma
( With inputs from www.siasat.com )

May 8, 2023
Accused Sentenced To Four Months Imprisonment In Cheque Bounce Case

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SRINAGAR: A court in Uri has sentenced an accused to four months of simple imprisonment after convicting him in a cheque bounce case.
A case was filed by Mohammad Dawood Lone, son of Abdul Karim Lone, resident of Ramgie Uri, against Abdul Rasheed Bhat, son of Anaytullah Bhat, a resident of Ihtishampora Boniyar under Section 138 of Negotiable Instruments Act before Sub-judge Uri.
In a 22-page long order, of which the gist is produced here, the learned judge, Altaf Hussain Khan, observed that the accused is sentenced to simple imprisonment for a period of four months and a fine of Rs 12,00,000 (Rupees Twelve Lakhs only) since the accused has paid an amount of Rs 1,94,0000 (Rs One Lakh and Ninety-Four Thousand Rupees) during the pendency of the proceedings in terms of the order passed by this court under section 143-A of N.I act, and the same is set off from the fine imposed. The rest of the fine amount of Rs 10,06,000 (Rupees Ten Lakhs and Six Thousand) shall be paid by the accused to the complainant as compensation within the period of 30 days from the date of this judgment.
“With these observations, the accused is convicted of the offense U/S 138 of N.I Act. However, keeping in view the object of Negotiable Instrument Act, the financial gains which the cheque amount in question could have fetched had the payment of the amount mentioned in the cheques been made to the complainant by the accused on the due date, as the complaint in hand has been filed on 21/02/2022. The trial of the case has reached a conclusion within a span of one year and two months. Furthermore, the accused is apparently of old age and is suffering from illness. His conduct during the trial has also remained satisfactory. He has also paid the interim compensation of Rs 1,94,000 to the complainant pursuant to the order passed by this court on 06/05/2022, in the application for interim relief submitted under section 143-A of Negotiable Instruments Act and other facts and circumstances. The accused is sentenced to simple imprisonment for the period of four months and a fine of Rs 12,00,000 (Rupees Twelve Lakhs only) since the accused has paid an amount of Rs 1,94,0000 (Rs One Lakh and Ninety-Four Thousand Rupees) during the pendency of the proceedings in terms of the order passed by this court under section 143-A of N.I act, and the same is set off from the fine imposed. The rest of the fine amount of Rs 10,06,000 (Rupees Ten Lakhs and Six Thousand) shall be paid by the accused to the complainant as compensation within the period of 30 days from the date of this judgment,” the order reads. (GNS)

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#Accused #Sentenced #Months #Imprisonment #Cheque #Bounce #Case
( With inputs from : kashmirlife.net )

May 7, 2023
Accused Sentenced to 4 Months Simple Imprisonment As Court in Uri Convicts Him in Cheque Bounce Case

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Zaffer Iqbal
Uri, May 7 (GNS): A Court in Uri has sentenced an accused to four months of simple imprisonment after convicting him in a Cheque Bounce Case.
As learnt by GNS, a case was filed by one Mohammad Dawood Lone son of Abdul Karim Lone, resident of Ramgie Uri against one Abdul Rasheed Bhat, son of Anaytullah Bhat, a resident of Ihtishampora Boniyar under Section 138 of Negotiable Instruments Act before Sub-judge Uri.
In a 22-page long order, gist of which is produced here, the learned judge Altaf Hussain Khan observed that the accused is sentenced to simple imprisonment for the period of four months and fine of Rs 12,00000 (Rupees Twelve Lakhs only) since the accused has paid an amount of Ruppes 1,94,0000 (Rs one lakh and Ninety Four thousand Rupees) during the pendency of the proceedings in terms of order passed by this court under section 143-A of N.I act and the same is set off from the fine imposed. Rest Fine amount of Rs 10,06000 (Ruppes Ten lakh and six thousand) shall be paid by the accused to the complainant as compensation within the period of 30 from the date of this judgment.
“With these observations, accused is convicted of the offence U/S 138 of N.I.Act. However, keeping in view the object of Negotiable Instrument Act, Financial gains which cheque amount in question could have fetched had the payment of amount mentioned in the cheques been made to the complainant by the accused on due date as the complaint in hand has been filed on 212022. Trail of the case 1 too has reached to conclusion within a span of one year and two months. Further accused is apperently old age and is suffering illness. His conduct during trail too has remained satisfactory. He has also paid the interim compensation of Rs 1,94,000 to the complainant in pursuance to order passed by this court on 6-5-2022 in the application for interim relief submitted under section 143-A of Negotiable instruments act and other facts and the circumstances. The accused is sentenced to simple imprisonment for the period of four months and fine of Rs 12,00000 (Rupees Twelve Lakhs only ) since the accused has paid an amount of Ruppes 1,94,0000 (Rs one lakh and Ninety Four thousand Rupees ) during the pendency of the proceedings in terms of order passed by this court under section 143-A of N.I act same is set off from the fine imposed. Rest Fine amount of Rs 10,06000 (Ruppes Ten lakh and six thousand) shall be paid by the accused to the complainant as compensation within the period of 30 from the date of this judgment”, the order, as per GNS, reads. (GNS)
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#Accused #Sentenced #Months #Simple #Imprisonment #Court #Uri #Convicts #Cheque #Bounce #Case
( With inputs from : thegnskashmir.com )

May 7, 2023
Excise policy case: Delhi court grants bail to 2 accused citing ‘insufficient evidence’

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New Delhi: A Delhi court has granted bail to two accused persons in a money laundering case related to alleged excise scam, saying the evidence was not sufficient for the case against them to be considered prima facie “genuine”.
Special Judge M K Nagpal granted the relief to Rajesh Joshi and Gautam Malhotra on a personal bond of Rs two lakh each and one surety of like amount.
The same judge had dismissed AAP leader Manish Sisodia’s bail plea in the case on April 28 and in a related corruption case, being probed by the CBI, on March 31.

In connection with the bail plea by Joshi, the court said it was of the prima facie view that the evidence was not sufficient to make it believe that the case against him was genuine or that he was going to be held guilty of the offence of money laundering.
On Gautam Malhotra, the court said that the case of the prosecution as based on oral and documentary evidence “cannot be prima facie considered to be a genuine case”.
The judge further said in the order passed on May 6 that the mere apprehension that the accused may resort to commission of an offence again will not be sufficient to oppose bail.
He observed that Joshi was not in the liquor business and admittedly, he was also not a participant in any of the meetings which allegedly took place among the other co- accused or conspirators of the criminal conspiracy in connection with the formulation of the now-scrapped excise policy or its implementation.
Joshi is also not alleged to be a member of the ‘South lobby’ or the ‘liquor lobby’ of any region and hence, admittedly, he is not among the persons who are alleged to have paid the kickbacks to co- accused Sisodia or his other associates, and he is also not a recipient of the kickbacks or bribes, he noted.

On the ED’s claim that Joshi was involved in the transfer of advance kickback amount of around Rs 20 -30 crore that was allegedly used in the AAP election campaign for the 2022 Goa assembly polls, the court said there was nothing on record at this stage to link these payments.
It noted Joshi was arrested on February 8 and even prior to that, he was stated to have joined the investigation of this case, as well as that of the connected case being probed by the CBI.
Regarding Malhotra, it noted the ED had claimed that he had paid Rs 2.5 crore as bribe or kickbacks for the ‘South liquor lobby’ and this fact was specifically stated by co-accused Amit Arora.
However, it pointed out that approver Dinesh Arora expressed total ignorance about this transaction. “The statements on this aspect made by the approver cannot be sidelined or ignored at this stage as he is a star witness,” the judge said.
The court further dismissed the ED’s contention that Malhotra formed a cartel by participation in the liquor business of Delhi at all the three levels of manufacturing, wholesale and retail, and thus, he became a member of the super cartel and the criminal conspiracy with the other co- accused.
“Though the above cartel might have been formed in violation of provisions of the excise policy… it appears to be a pure business cartel formed to push the sale of liquor brands of the manufacturing unit(s) of the applicant,” it said.
The court noted it was the admitted case of prosecution that Malhotra had not played any role in the formulation of the excise policy and was even not a part of the ‘South lobby’ paying advance kickbacks of Rs 100 crore.
“Again, he is also not alleged to have paid any such advance kickbacks to co -accused Vijay Nair, other politicians of AAP or other public servants before or in connection with the formulation of the said policy,” the judge said.
The only allegation of payment of any money or bribe against him is in the form of payment of Rs 2.5 crore to co -accused Amit Arora in May 2022, when this policy had already been in operation for a considerable time, he noted.
Even the evidence in the form of a statement by co -accused Amit Arora about the payment of Rs 2.5 crore bribe by him is not convincing enough, the court said.
Regarding the ED’s claim that the accused received proceeds of crime of Rs 48.9 lakh through excess credit notes, it said no specific or connecting evidence showing any such cash payments against the amounts of credit notes has been produced.
The judge said Malhotra also deserved to be granted default bail since the ED filed an “incomplete” supplementary complaint against him and “it has apparently been filed to scuttle or defeat the right of applicant to seek default bail”.
He added that neither Joshi nor Malhotra can be considered a flight risk. The court directed both the accused persons not to leave the country without its permission or threaten or influence witnesses.
However, it is made clear that the observations made in this order are only for the purpose of deciding the bail applications of the applicants and nothing contained in this order shall tantamount to the expression of any opinion on merits of the case, the judge said.
Sisodia, who was arrested on March 9, is currently in judicial custody in the case. The court on April 28 dismissed his bail application in the case, saying the evidence prima facie “speaks volumes of his involvement in commission of the offence”.
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#Excise #policy #case #Delhi #court #grants #bail #accused #citing #insufficient #evidence
( With inputs from www.siasat.com )

May 7, 2023
Man Sentenced To Six Months Jail, Rs 8 Lakh Fine In cheque Bounce Case

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SRINAGAR: A local court in the Sopore area of north Kashmir’s Baramulla district sentenced a man to six months of simple imprisonment and a fine of Rs eight Lakh in a cheque bounce case.
An official said that Judicial Magistrate Ist Class Sopore sentenced the man to six months simple imprisonment in a cheque bounce case and also imposed a penalty of Rs 800000.
The accused has been identified as Ghulam Mohiddin War son of Hayaat War Of Warpora Sopore
He was sentenced to six months jail after he was found guilty of the commission of an offense under section 138 of the Negotiable Instrument Act.
“A fine of Rs 8,00,000 which is double the cheque amount was also imposed on him,” the official said—(KS)

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#Man #Sentenced #Months #Jail #Lakh #Fine #cheque #Bounce #Case
( With inputs from : kashmirlife.net )

May 6, 2023
Excise policy case: Delhi court lists ED’s charge sheet against Sisodia on May 10

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New Delhi: A Delhi court on Saturday posted for consideration the Enforcement Directorate’s (ED) supplementary charge sheet filed against former deputy chief minister and Aam Aadmi Party leader Manish Sisodia in excise policy case on May 10.
The probe agency informed the Special CBI Judge M.K. Nagpal of Rouse Avenue Court that a proceed of a crime worth Rs 622 crore was generated due to the activities of the accused as excise minister.
On ED apprising the court that hard copy of the supplementary charge sheet has been filed, the judge directed it to file the soft copies of the charge sheet by May 8.

The probe agency had, on Thursday, filed a third supplementary charge sheet in the case naming Sisodia.
This is the first time that the ED has named Sisodia in its charge sheet in the matter. Earlier, the CBI, which is conducting a parallel probe into the excise policy case, had named Sisodia in its supplementary charge sheet.
The ED has alleged that Sisodia was the mastermind behind the entire excise policy case and that he had deliberately leaked the policy to the co-accused to generate financial kickbacks.
Sisodia is currently in judicial custody.
Judge Nagpal had, on April 29, also extended Sisodia’s custody till May 8 in the case registered by the ED.

The Delhi High Court on Thursday sought ED’s response on Sisodia’s bail plea.
Justice Dinesh Kumar Sharma issued notice on Sisodia’s bail plea and another application seeking interim bail on the ground of his wife’s ill-health.
ED’s counsel Zoheb Hossain said that the response will be filed to both the bail applications within a week.
Accordingly, the court listed the matter for further consideration on May 11.
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#Excise #policy #case #Delhi #court #lists #EDs #charge #sheet #Sisodia
( With inputs from www.siasat.com )

May 6, 2023
Sexual harassment case: WFI chief Brij Bhushan yet to be questioned

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New Delhi: The Delhi Police are yet to interrogate Brij Bhushan Sharan Singh, the chief of the Wrestling Federation of India (WFI), in connection with the two FIRs registered against him on April 21, pertaining to serious allegations, including violations under the Protection of Children from Sexual Offences (POCSO) Act.
As per sources, the police are yet to summon Singh, despite the FIRs filed 14 days ago.
“We have recorded the statements of seven wrestlers and Singh will be served summons soon,” said a source.

According to police, one of the cases against him was registered under IPC sections 354 (assault or criminal force to woman with intent to outrage her modesty), 354A (sexual harassment), and 354D (stalking), while the other was registered under section 10 of the POCSO Act.
What law says?
While demands for the arrest of Brij Bhushan Sharan Singh, the chief of the Wrestling Federation of India (WFI), persist due to three non-bailable and “serious” offences, legal provisions and Supreme Court rulings provide clarity on the matter.
As per section 41A of IPC and various judgments of the apex court, the arrest of an accused is not obligatory if the maximum punishment prescribed for the offence is less than seven years of imprisonment.
Supreme Court lawyer Vineet Jindal said that the decision to make an arrest lies solely with the police authorities. However, in cases involving serious offences, it is generally considered the norm to make an arrest. “Notably, offences under the POCSO Act are classified as non-bailable. Therefore, if there is a legitimate investigative requirement, the likelihood of an arrest occurring as a consequential action is high,” said Jindal.

Another Supreme Court lawyer, Rudra Vikram Singh said that since there is delay in arresting Singh, it might be due to primary investigation in the matter.
“Also since the offences under POCSO Act and other acts allegedly committed entail a sentence up to seven years hence in these circumstances, the investigating officer might follow the compliance of provisions of Section 41 and Section 41-A of the CrPC as provided by Supreme Court in Amresh Kumar vs State of Bihar. If Singh does not cooperate with the ‘Investigating Officer’ (IO) in the probe, police can arrest him,” Singh added.
What wrestlers demand?
Earlier, after the Supreme Court closed the proceedings on a plea by three women wrestlers, who have levelled sexual harassment allegations against Brij Bhushan, Olympic medallist Sakshi Malik said, “it’s okay”, and that they will decide the future course of action after consulting with seniors.
“It is okay, we respect the Supreme Court. Their job is only to register the FIR. No court can ask anyone to arrest. We are sitting firm on our protest and it will go on till we get justice,” the 30-year-old wrestler told IANS.
“First the statements of our girls should be recorded before the magistrate under 164 CrPC. That is not done yet. We are waiting for it, after that we will see what needs to be done in this regard.”
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#Sexual #harassment #case #WFI #chief #Brij #Bhushan #questioned
( With inputs from www.siasat.com )

May 6, 2023
Court to indict Imran Khan on May 10 in Toshakhana case

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Islamabad: An Islamabad court will indict Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan in the Toshakhana case, in which the deposed Prime Minister is accused of taking gifts in an illegal manner, media reports said.
Islamabad District and Sessions Court’s Additional Sessions Judge Humayun Dilawar said on Friday that he would charge the PTI chief, as he ordered Khan to ensure his presence in his courtroom after rejecting the latter’s request to dismiss the case.
Khan has not appeared before the court to date. He came to the capital judicial complex once to appear before the court, but due to PTI workers’ presence, chaos ensued and Khan was allowed to mark his attendance in his car.

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#Court #indict #Imran #Khan #Toshakhana #case
( With inputs from www.siasat.com )

May 5, 2023