Tag: Case

SC asks Ghaziabad court to defer PMLA case proceedings against Rana Ayyub

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New Delhi: The Supreme Court on Wednesday said it will hear on January 31, a plea by journalist Rana Ayyub against the summonses issued by a Ghaziabad court in connection with a Prevention of Money Laundering Act (PMLA) case.
The top court asked the Ghaziabad court to adjourn the hearing on January 27 and scheduled it after January 31.
Advocate Vrinda Grover, representing Ayyub, submitted before a bench comprising justices Krishna Murari and V. Ramasubramanian, that petitioner has been summoned by a Ghaziabad court and sought a stay on the coercive proceedings. The counsel argued that she is challenging the jurisdiction and cognizance of this case by PMLA court in Uttar Pradesh and added no part of the offence occurred there. Grover said the liberty of her client is at stake, and questioned whether ED be allowed to drag her to any court in the country.
Solicitor General Tushar Mehta, representing the ED, opposed her submissions. Mehta said crowdfunding is the new device where you collect money and added, why can she not file for anticipatory bail like all litigants? Every litigant is equal before the eyes of law.
After hearing arguments, the bench said it will hear the case on January 31 and in the meantime Ghaziabad special court is requested to adjourn the hearing fixed on January 27 to a date after January 31. The top court clarified that this order is being passed because the hearing before it cannot be concluded today due to paucity of time and not on merits.
The ED, in October last year, had filed a charge sheet against Ayyub, accusing her of cheating the public and utilising charity funds worth Rs 2.69 crore for creating her personal assets, and also violating the foreign contribution law.
Ayyub moved the apex court seeking quashing of the proceedings initiated by the ED in Ghaziabad. The plea contended that the alleged offence of money laundering occurred in Mumbai, while citing lack of jurisdiction.
A special PMLA court in Ghaziabad, in November last year, had taken cognizance of the prosecution complaint filed by the Enforcement Directorate and summoned Ayyub. The special court said that from the perusal of the entire record there is sufficient evidence as to a prima facie case for taking cognizance against Rana Ayyub with regard to commission of offence.

The special court has noted the alleged offence is connection with obtaining illegally money from the general public in the name of charity via ‘Ketto’ platform, which is an online crowdfunding platform, in three campaigns without any kind of approval, raising huge amounts in the bank account of her sister and father and later transferring the same to her own bank account which was not used for the intended purpose.
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#asks #Ghaziabad #court #defer #PMLA #case #proceedings #Rana #Ayyub
( With inputs from www.siasat.com )

January 25, 2023
Lakhimpur Kheri case: SC to pronounce order on Wednesday on Ashish Mishra bail plea

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New Delhi: The Supreme Court would pronounce its order on Wednesday on the bail plea of Ashish Mishra, key accused in the 2021 Lakhimpur Kheri violence case and son of Union Minister Ajay Kumar Mishra.
According to the cause list uploaded on the apex court website, a bench comprising Justices Surya Kant and J.K. Maheshwari will pronounce the order on January 25.
The apex court had reserved its order on Mishra’s plea on January 19.
Additional Advocate General for Uttar Pradesh Garima Prashad opposed Mishra’s bail plea. She had submitted that it was a grave and heinous crime and granting bail will send a wrong signal to society.
Senior advocate Dushyant Dave, appearing for those opposing the bail plea, said grant of bail will send a terrible message to society.
“It is a conspiracy and a well-planned murder. I will show it from the charge sheet. He is the son of a powerful man being represented by a powerful lawyer,” he said.
Senior advocate Mukul Rohatgi, appearing for Mishra, strongly opposed Dave’s submission, saying: “What is this? Who is powerful? We are appearing every day. Can this be a condition to not grant bail?”
He submitted that his client has been in custody for more than a year and the way the trial is going, it will take seven to eight years to complete it.

He said that Jagjit Singh, who is the complainant in the case, is not an eyewitness and his complaint is just based on hearsay.
“Jagjit Singh is the complainant and he is not an eyewitness. I am surprised that when there are many people saying we ran over people mercilessly, an FIR is registered on the version of a person who is not an eyewitness?” Rohatgi said, adding that his client is not a criminal and there are no past records.
On October 3, 2021, eight people were killed in Lakhimpur Kheri district’s Tikunia in a violence that erupted when farmers were protesting against UP Deputy Chief Minister Keshav Prasad Maurya’s visit to the area.
According to the Uttar Pradesh Police FIR, four farmers were mowed down by an SUV, in which Ashish Mishra was seated.
Following the incident, a driver and two BJP workers were allegedly lynched by angry farmers. A journalist also died in the violence.
On December 6 last year, a trial court had framed charges against Mishra and 12 others for the alleged offences of murder, criminal conspiracy and others in the case of death of the protesting farmers in Lakhimpur Kheri, paving the way for the start of the trial.
A total of 13 accused, including Mishra, have been charged under IPC sections 147 and 148 related to rioting, 149 (unlawful assembly), 302 (murder), 307 (attempt to murder), 326 (voluntarily causing grievous hurt by dangerous weapons or means), 427 (mischief) and 120B (punishment for criminal conspiracy), and section 177 of the Motor Vehicle Act.
The other 12 accused are Ankit Das, Nandan Singh Bisht, Latif Kale, Satyam a.k.a Satya Prakash Tripathi, Shekhar Bharti, Sumit Jaiswal, Ashish Pandey, Lavkush Rana, Shishu Pal, Ullas Kumar Trivedi, Rinku Rana and Dharmendra Banjara.
All of them are in jail.
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#Lakhimpur #Kheri #case #pronounce #order #Wednesday #Ashish #Mishra #bail #plea
( With inputs from www.siasat.com )

January 25, 2023
Gangster Jaggu Baghwanpuria arrested by Punjab Police from Tihar in extortion case

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New Delhi: The Punjab Police has arrested notorious gangster Jagdeep Singh alias Jaggu Baghwanpuria, allegedly been associated with the BKI and Sikh For Justice, from Delhi’s Tihar Jail.
He was taken to Punjab on transit remand and was later sent to police custody by a court there.
Recently Chief Judicial Magistrate, Sri Muktsar Sahib, Rajpal Rawl, issued a non-bailable warrant against Bhagwanpuria in connection with an extortion case and ordered he be produced before his court.
The Punjab Police arrested him from Tihar Jail, where he was presently lodged, on January 20, and produced documents before the Tis Hazari court to obtain transit remand.
As Bhagwanpuria’s counsel Deepak Sharma said that there was danger to the life of his client, the Punjab Police said then keeping the threats in mind, they brought extra vehicles with armed police personnel for the safety of the accused.
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#Gangster #Jaggu #Baghwanpuria #arrested #Punjab #Police #Tihar #extortion #case

( With inputs from www.siasat.com )

January 24, 2023
WFI sexual harassment case: Govt didn’t consult us before forming probe panel, say wrestlers

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New Delhi: The wrestlers who accused WFI president Brij Bhushan Sharan Singh of sexual harassment and intimidation on Tuesday rued that the government did not consult them before forming the oversight committee that will probe charges against the sports administrator.
Sports Minister Anurag Thakur announced on Monday that a five-member oversight committee, headed by legendary boxer M C Mary Kom, will investigate the charges against the WFI boss and also manage the day-to-day affairs of the Wrestling Federation of India.
Bajrang Punia, Vinesh Phogat, Sarita Mor and Sakshi Malik, who staged a sit-in protest at Jantar Mantar for three days demanding the sacking of the WFI president, posted identical tweet on the micro-blogging site, expressing their dismay.
हमें आश्वासन दिया गया था कि Oversight Committee के गठन से पहले हमसे परामर्श किया जाएगा। बड़े दुख की बात है कि इस कमेटी के गठन से पहले हमसे राय भी नहीं ली गई. @narendramodi @AmitShah @ianuragthakur
— Vinesh Phogat (@Phogat_Vinesh) January 24, 2023
हमें आश्वासन दिया गया था कि Oversight Committee के गठन से पहले हमसे परामर्श किया जाएगा। बड़े दुख की बात है कि इस कमेटी के गठन से पहले हमसे राय भी नहीं ली गई. @narendramodi @AmitShah @ianuragthakur
— Bajrang Punia 🇮🇳 (@BajrangPunia) January 24, 2023
“We were assured that we will be consulted before the formation of the oversight committee. It’s really sad that we were not consulted,” the wrestlers tweeted and tagged Prime Minister Narendra Modi, Home Minister Amit Shah and Thakur.
The oversight committee has former wrestler Yogeshwar Dutt, ex-badminton player and Mission Olympic Cell member Trupti Murgunde, ex-TOPS CEO Rajagopalan and former SAI executive director – teams – Radhica Sreeman as other members.
The wrestlers had accused Singh, who is also a BJP MP, of acting like a dictator and sexually harassing junior wrestlers.
The wrestlers did not reveal the identity of the athletes who faced sexual harassment.

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#WFI #sexual #harassment #case #Govt #didnt #consult #forming #probe #panel #wrestlers
( With inputs from www.siasat.com )

January 24, 2023
Karnataka govt to pay Rs 59.9L per day to legal team for border row case

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Bengaluru: The Karnataka government has fixed a professional fee of Rs 59.9 lakh a day for the team of senior lawyers, including Mukul Rohatgi to fight the case pertaining to border row with Maharashtra in Supreme Court.
A Law department order said it has fixed the terms and conditions and professional fee to the legal team to represent Karnataka before the Supreme Court in an original suit (number 4/2004) filed by the government of Maharashtra against Karnataka on the border dispute.
As per the January 18 order, senior advocate Mukul Rohatgi will be paid Rs 22 lakh per day for appearing before the apex court and Rs 5.5 lakh per day for conference and other works.
Another lawyer Shyam Divan will be paid Rs six lakh a day for appearing before the court, Rs 1.5 lakh per day for preparation of the case and other works and Rs 10 lakh for outstation visits per day. The government will bear the expenses on hotel facilities and business class air travel.
The Advocate General of Karnataka will be paid Rs three lakh a day for appearing in the SC, Rs 1.25 lakh per day for preparing cases and other works, Rs two lakh on outstation visits apart from bearing the hotel and business class air travel expenditures.
The state government has also hired senior lawyer Uday Holla, a former advocate general of Karnataka, who will be paid Rs two lakh per day for appearing in the apex court, Rs 75,000 per day for preparation of the case, Rs 1.5 lakh per day for settlement of pleadings and other works, and Rs 1.5 lakh per day for outstation visits apart from hotel and travel expenses.
The boundary row had intensified late last year, with vehicles from either side being targeted, leaders from both the States weighing in, and pro-Kannada and Marathi activists being detained by police amid a tense atmosphere in Belagavi.
The border issue dates back to 1957 after the reorganisation of States on linguistic lines. Maharashtra laid claim to Belagavi, which was part of the erstwhile Bombay Presidency, as it has a sizeable Marathi-speaking population. It also laid claim to over 800 Marathi-speaking villages which are currently part of Karnataka.

Karnataka maintains the demarcation done on linguistic lines as per the States Reorganisation Act and the 1967 Mahajan Commission Report as final.
And, as an assertion that Belagavi is an integral part of the State, Karnataka has built the ‘Suvarna Vidhana Soudha’, modelled on the ‘Vidhana Soudha’ here.
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#Karnataka #govt #pay #59.9L #day #legal #team #border #row #case
( With inputs from www.siasat.com )

January 24, 2023
CBI summons Jagan’s MP cousin in Vivekananda murder case

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Amaravati: The Central Bureau of Investigation (CBI) has summoned Kadapa MP Y.S. Avinash Reddy for questioning in his uncle and former Andhra Pradesh minister Y.S. Vivekananda Reddy’s murder case.
Avinash Reddy, a cousin of Andhra Pradesh Chief Minister Y.S. Jagan Mohan Reddy, has been asked to appear before CBI officials in Hyderabad on Tuesday.
The YSR Congress Party (YSRCP) MP, however, is reported to have conveyed his inability to appear on January 24 due to his busy schedule in Pulivendula and has sought another date. He assured the central agency that he will fully cooperate with it in the investigation.
The CBI served the notice on the day when it conducted search at the offices of Avinash Reddy and his father Bhaskar Reddy.
Vivekananda Reddy, uncle of Chief Minister Jagan Mohan Reddy, was found murdered at his residence in Kadapa on March 15, 2019, a few days before the election.
The 68-year-old former state minister and former MP was alone at his house when unidentified persons barged in and killed him. He was killed hours before he was to launch YSR Congress Party’s election campaign in Kadapa.
Though three Special Investigation Teams (SITs) conducted the probe, they failed to solve the mystery.
The CBI took over the investigation into the case in 2020 on the direction of Andhra Pradesh High Court while hearing a petition of Vivekananda Reddy’s daughter Sunitha Reddy, who raised suspicion about some relatives.

The CBI filed a charge sheet in the murder case on October 26, 2021 and followed it up with a supplementary charge sheet on January 31, 2022
In November, 2022, the Supreme Court transferred to a CBI court in Hyderabad the trial and probe into the larger conspiracy behind the murder. The apex court observed that doubts raised by Sunitha Reddy about getting a fair trial and investigation in Andhra Pradesh were reasonable.
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#CBI #summons #Jagans #cousin #Vivekananda #murder #case
( With inputs from www.siasat.com )

January 24, 2023
Tunisha suicide case: Sheezan Khan moves HC for bail and quashing of FIR

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Mumbai: Actor Sheezan Khan, arrested for allegedly abetting the suicide of his co-star Tunisha Sharma, has moved the Bombay High Court seeking bail and quashing of the case.
Khan in his petitions said to have a relationship and break-ups are normal facets of life and hence he cannot be held responsible for Tunisha’s death.
While Khan’s plea seeking bail would be heard by a single bench of Justice M S Karnik on Tuesday, his second petition for quashing of the FIR and release on interim bail is likely to be heard by a division bench of Justices Revati Mohite Dere and P K Chavan on January 30.
Tunisha (21), who last acted in the TV serial Ali Baba: Dastaan-E-Kabul, was found hanging in the washroom on the set of the serial near Vasai in Palghar district of Maharashtra on December 24, 2022. Khan (28) was arrested the next for alleged abetment. He is currently lodged in a Thane jail.
Seeking quashing of the case, Khan said if two people are in any form of a relationship, and if the relationship is terminated either mutually or even by one of them, then the mere fact that the other person commits suicide does not justify the registration of an offence under section 306 of IPC with its consequences of arrest and custody.
The plea added that in Khan’s case, there is nothing to even suggest that he had done any act with the specific intention of compelling Tunisha Sharma to commit suicide.
“There is absolutely no mens rea (intention) pointed out or for that matter acts and deeds from which a mens rea is made out for the applicant to commit the alleged crime,” it said.
The petition said to enter into a relationship and break-up are normal facets of life.
“That the victim has also been in multiple relationships before and also the present relationship ended on a graceful note. That the break-up was mutual and approximately two weeks back and the victim had admittedly moved on, thus the breakup cannot be viewed as a direct action and proximate cause leaving the victim with no other option but to commit suicide,” it stated.

Khan and Tunisha have acted in a few television serials and were said to be in a relationship which allegedly came to an end just weeks before Tunisha was found hanging on the production set of her show.
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#Tunisha #suicide #case #Sheezan #Khan #moves #bail #quashing #FIR
( With inputs from www.siasat.com )

January 23, 2023
Conman case: Delhi court exempts Jacqueline from personal appearance for one day

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New Delhi: A Delhi court on Monday granted one-day exemption from personal appearance to actor Jacqueline Fernandez in a Rs 200 money laundering case involving alleged conman Sukesh Chandrasekhar.
Additional Sessions Judge, Patiala House courts, Shailender Malik was supposed to hear the arguments on framing charges in the matter, but has adjourned this matter for February 15.
The court on January 16 issued notice to Enforcement Directorate (ED) seeking the agency to respond to an application moved to court by Jacqueline seeking permission to fly to Dubai post January 27 for professional work.
As she had made a request for urgent hearing, the court had, hence, listed the matter for next hearing on January 25.
Jacqueline, even in December last year, had moved a plea seeking to travel abroad to visit her ill mother in Bahrain. Howbeit, she withdrew it as the court wasn’t willing to allow her to travel abroad.
Chandrashekhar is accused of extorting money from politicians, celebrities and businessmen, and allegedly duped pharma company Ranbaxy’s former owner Shivinder Mohan Singh’s wife Aditi Singh of Rs 200 crore.
Chandrashekhar has allegedly sent super expensive gifts to Jacqueline, while he also booked a chartered flight for her from Mumbai to Chennai during his bail period.
Moreover, according to ED, it is suspected that alleged conman had sent huge chunks of money extorted from Singh to the actor.

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#Conman #case #Delhi #court #exempts #Jacqueline #personal #appearance #day
( With inputs from www.siasat.com )

January 23, 2023
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January 23, 2023
SC to hear plea of journalist Rana Ayyub against summons in money laundering case

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New Delhi: The Supreme Court is scheduled to hear on Monday the petition of journalist Rana Ayyub challenging the summons issued to her by a special PMLA court in Ghaziabad in a money laundering case lodged against her by the Enforcement Directorate (ED).
According to the list of business uploaded on the apex court website, Ayyub’s petition is listed before a bench of Justices V Ramasubramanian and JB Pardiwala.
Earlier on January 17, a CJI DY Chandrachud-led bench had agreed to consider listing the plea of the journalist for urgent hearing after taking note of the submissions of advocate Vrinda Grover who appeared for Ayyub.
Grover had said a summons was issued by the special court in Ghaziabad against Ayyub for January 27 and therefore the matter be listed urgently.
In her writ petition, Ayyub has sought quashing of the proceedings initiated by the ED in Ghaziabad citing lack of jurisdiction as the alleged offence of money laundering occurred in Mumbai.
On November 29 last year, the special PMLA court in Ghaziabad had taken cognizance of the prosecution complaint filed by the Enforcement Directorate and summoned Ayyub.
It had noted that the prosecution complaint (ED version of charge sheet) under section 45 read with section 44 of the Prevention of Money Laundering Act, 2002 for the commission of offences of money laundering has been filed by Sanjeet Kumar Sahu, Assistant Director of Enforcement, Delhi.
“I have perused the above mentioned prosecution complaint and have also gone through the prosecution papers as well as documents including statements. From the perusal of the entire record there is sufficient evidence as to a prima facie case for taking cognizance against Ms. Rana Ayyub with regard to commission of offence “, the special court judge said.

The special court has noted the alleged offence pertains to obtaining illegally money from the general public in the name of charity via ‘Ketto’ platform (an online crowdfunding platform) in three campaigns without any kind of approval, raising huge amounts in the bank account of her sister and father and later transferring the same to her own bank account which was not used for the intended purpose.
She is accused of acquiring proceeds of crime and creating assets for herself.
On October 12 last year, the ED had filed a charge sheet against Ayyub, accusing her of cheating the public and utilising charity funds worth Rs 2.69 crore for creating her personal assets, and also violating the foreign contribution law.
“Rana Ayyub launched three fundraiser charity campaigns on the ‘Ketto platform’ starting from April 2020 and collected funds totalling Rs 2,69,44,680,” the ED had said in a statement.
The campaigns, it had said, were meant to raise funds for slum dwellers and farmers, relief work for Assam, Bihar and Maharashtra, and help Ayyub and her team to help those impacted by COVID-19 in India.
The probe found that the funds raised on the online platforms were received in the accounts of Ayyub’s father and sister and subsequently transferred to her personal accounts, the ED alleged.
“Ayyub utilised these funds to create a fixed deposit of Rs 50 lakh for herself and also transferred Rs 50 lakh to a new bank account. Investigations found that only about Rs 29 lakh was used for relief work,” it had claimed.
“In order to claim more expenses towards relief work, fake bills were submitted by Ayyub and subsequently, bank balances in the accounts of Ayyub amounting to Rs 1,77,27,704 (including FD of Rs 50 Lakh) were attached under the PMLA vide a provisional attachment order dated February 4, 2022,” it had said.
The ED had initiated money laundering investigation on the basis of an FIR registered on September 7, 2021 by the Indirapuram Police Station of Ghaziabad in Uttar Pradesh under various sections of the IPC, Information Technology Amendment Act 2008 and Black Money Act against Ayyub.
It was also alleged that Ayyub received foreign contributions without registration under FCRA.
On August 17 last year, the Delhi High Court had restrained the ED from proceeding further with the provisional attachment of funds in connection with the alleged money laundering probe against her.
On April 4 last year, the Delhi High Court had allowed Ayyub to travel abroad while questioning the ED over a Look Out Circular (LOC) issued against her barring her from travelling abroad.
Ayyub was stopped by the ED from taking a flight to London from the Mumbai airport in March as the agency had then opened a ‘Look out Circular’ against her.
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#hear #plea #journalist #Rana #Ayyub #summons #money #laundering #case
( With inputs from www.siasat.com )

January 22, 2023