Tag: convicted

SC declines to hear plea against automatic disqualification of convicted MPs, MLAs

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New Delhi: The Supreme Court on Thursday declined to entertain a plea challenging the validity of the provision mandating “blanket and automatic” disqualification of legislators upon conviction and sentence.
Counsel for petitioner Aabha Muralidharan, contended before Chief Justice of India D.Y. Chandrachud that the provision restrains a lawmaker from freely discharging the duties cast upon him/her by the voters of the constituency.
The bench, also comprising Justices P.S. Narasimha and J.B. Pardiwala, told counsel that the court is not inclined to entertain the petition and “let the aggrieved party come before us”.

The bench asked the counsel, “How are you as an individual affected? When you are disqualified due to the provision, then we can look into it” and asked the lawyer to either withdraw your petition or it will dismiss it.
The plea prayed that automatic disqualification under Section 8A(3) of the Representation of People Act, 1951, should be declared as ultra vires of the Constitution, for being arbitrary, illegal, and violative of fundamental right to equality.
The petitioner, a social worker from Kerala’s Malappuram, sought a direction that automatic disqualification did not exist under Section 8A(3) of the Act, while citing Congress leader Rahul Gandhi’s disqualification as an MP by the Lok Sabha Secretariat.
The plea said: “The grounds for disqualification ought to be specific with the nature of offences as specified under the Code for Criminal Procedure and not in a blanket form, as is currently in force under Section 8(3) of the RP Act”.
The plea contended that interpretation provided by the apex court in Lily Thomas case (2013) requires re-examination, to the effect of adjudicating the provisions of disqualification under Chapter III of the Act. “The operations of Lily Thomas case are being blatantly misused for wreaking personal vengeance against the political parties,” said the plea.

“If the offence under SectionA499 and 500 of the IPC, which just technically has a maximum punishment of 2 years is not removed singularly from the sweeping effect of the judgement in Lily Thomas, it will have a chilling effect on the right of representation of the citizens.”
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#declines #hear #plea #automatic #disqualification #convicted #MPs #MLAs
( With inputs from www.siasat.com )

May 5, 2023
Far-right extremist who set off ‘fireball’ in his kitchen convicted of terrorism offences

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A far-right extremist who accidentally set off a “fireball” in his own kitchen while experimenting with explosives has been convicted of terrorism offences.
Vaughn Dolphin, who had spoken of his desire for ethnic minorities to be shot, was found guilty on a series of charges after a jury viewed videos and incriminating conversations on social media.
In one self-filmed video, he was seen in a gas mask surrounded by a choking cloud of smoke after attempting to blend a blast mixture in a saucepan on a domestic hob.
Dolphin spoke of causing an “awesome fireball” in videos posted on far-right chatrooms, in which he complained: “Ah the bastard fucking mixture set itself prematurely, oh my God. Next time I’ll do this outside, but, ah well, you live and learn.”
When arrested in June 2022 at his grandfather’s home, the 20-year-old college student told police: “I’m not a terrorist, OK? I have an interest in chemicals and military memorabilia, that’s all.”
Vaughn Dolphin’s homemade body armour. Photograph: West Midlands Police/PA
Dolphin, from Walsall in the West Midlands, was convicted at Birmingham crown court on two charges of possession of explosives, including nitrocellulose, discovered during a raid on his home. He was also found guilty of having an unlicensed firearm that he had made from a length of aluminium tube and on terrorism charges.
An encrypted USB thumb-drive found on his bedroom shelf contained a series of DIY guides on constructing a shotgun, making homemade plastic explosives and conducting arson attacks.
The encrypted files were found in electronic folders with the name “Boogaloo”, which the prosecution claimed was a “significant” as it was used as a reference to “race war” in far-right circles.

Dolphin had also written on extremist channels on the social media platform Telegram of creating a handheld “cannon”, and about mixing gunpowder. He claimed he would do “something that would make [the Unabomber US terrorist] Ted Kaczynski blush”.
He had further ranted about his hatred of Muslims on one Telegram chatgroup and he was found to have a significant collection of material relating to the Nazis, including his own body armour in which he slid a plate bearing the symbol of the SS.
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Others on the Telegram channels had warned Dolphin that he risked being arrested by the “Feds”, in what appeared to be a reference to the police. In response, Dolphin had said he would be safe as he had encrypted the incriminating material. He claimed he could argue that the explosive ingredients he had purchased were for “gardening” purposes.
Dolphin in a soldier’s helmet and skull face-mask. Photograph: West Midlands Police/PA
Dolphin, who shrugged his shoulders while keeping his hands in his pockets as the verdicts were read out, will be sentenced on 11 May.
Ch Supt Mark Payne, the head of West Midlands counter-terrorism unit, said: “This was clearly a young man with a really dangerous mindset. I’ve got no doubt at all that his intent was to cause harm.”
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#Farright #extremist #set #fireball #kitchen #convicted #terrorism #offences
( With inputs from : www.theguardian.com )

April 28, 2023
Delhi riots: In arson of Muslim woman’s property case, father-son duo convicted

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New Delhi: A court here has convicted a father-son duo for rioting and arson in a case of the 2020 North East Delhi riots, saying the prosecution proved the charges against them beyond reasonable doubt.
Additional Sessions Judge Pulastya Pramachala was hearing a case against Mithhan Singh and his son Jony Kumar, who were accused of being present in a riotous mob that torched several properties in lane number four of Khajuri Khas on February 25, 2020.
“I find that it is proved beyond doubt against both the accused that they were part of the mob which burnt the property (of complainant Shabana Khatoon)… Thus, they are held guilty of the offences under sections 147 (rioting) 148 (rioting, armed with a deadly weapon) 436 (mischief by fire or explosive substance with intent to destroy house, etc.) read with section 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object) of the Indian Penal Code and convicted accordingly,” the judge said in an order passed on Monday.

The court posted the matter for filing affidavits on April 19, following which the proceedings on sentencing will commence.
ASJ Pramachala noted the statements of several public witnesses and said it was safe to conclude that an unlawful assembly was formed with the common intention of attacking the properties of a particular community and that the riotous mob engaged in incidents of vandalism and arson.
Regarding the identification of the duo as part of the mob, the judge said none of the public witnesses or residents of the lane, including the complainants, supported the prosecution’s case and refused to identify the accused persons as members of the mob.
The only witnesses who identified both accused as members of the mob were prosecution witnesses Mohd. Tahir and Constable Rohtash, the judge said.
He said Tahir’s testimony was “reliable” to show both accused were out in the lane and that they had joined the riotous mob raising slogans, while Constable Rohtash was the beat officer of the area and saw the duo as part of the mob that torched Khatoon’s property.

The judge said the testimony of the police official could not be discarded because of the absence of the daily diary (DD) entry or a formal report on the incident.
Based on the evidence of the two witnesses, there was “no doubt that both accused persons were part of the mob” that indulged in the incident of arson at Khatoon’s property, the judge said.
The Khajuri Khas police station had registered an FIR against the duo on the basis of Khatoon’s statement. Later, six other complaints were also clubbed with the case.
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#Delhi #riots #arson #Muslim #womans #property #case #fatherson #duo #convicted
( With inputs from www.siasat.com )

April 18, 2023
Hyderabad: Wife convicted of life imprisonment for killing husband

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Hyderabad: The seventh additional metropolitan sessions judge on Wednesday convicted a wife of life imprisonment for killing her husband.
On March 1st, 2021 Reshma Begum had murdered her husband Mohammed Sohail aka Nisar at footpath beside Government School Chandrayangutta and one media reporter who happened to visit the scene first and have recorded the videograpy of the deceased lying and also accused sitting beside him.
The deceased and accused are beggars and both used to consume alcohol daily and quarrelling with each other. After the murder, Chandrayangutta police had registered a murder case against the wife and a charge sheet was also filed against her.

Based on the testimony given by the media reporter, the seventh additional metropolitan sessions judge Jai Kumar has convicted Reshma Begum for life imprisonment after she was found guilty of murdering her husband.
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#Hyderabad #Wife #convicted #life #imprisonment #killing #husband
( With inputs from www.siasat.com )

April 13, 2023
Far-right influencer convicted in voter suppression scheme

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Mackey, who was arrested in January 2021, could face up to 10 years in prison. His sentencing is set for Aug. 16.
His lawyer, Andrew Frisch, said in an email that the 2nd U.S. Circuit Court of Appeals in Manhattan will have multiple reasons to choose from to vacate the conviction.
“We are optimistic about our chances on appeal,” Frisch said.
U.S. Attorney Breon Peace said in a release that the jury rejected Mackey’s cynical attempt to use the First Amendment free speech protections to shield himself from criminal liability for a voter suppression scheme.
“Today’s verdict proves that the defendant’s fraudulent actions crossed a line into criminality,” he said.
The government alleged that from September 2016 to November 2016, Mackey conspired with several other internet influencers to spread fraudulent messages to Clinton supporters.
Prosecutors told jurors during the trial that Mackey urged supporters of then-Democratic presidential candidate Hillary Clinton to “vote” via text message or social media, knowing that those endorsements were not legally valid votes.
At about the same time, prosecutors said, he was sending tweets suggesting that it was important to limit “black turnout” at voting booths. One tweet he sent showed a photo of a Black woman with a Clinton campaign sign, encouraging people to “avoid the line” and “vote from home,” court papers said.

Using social media pitches, one image encouraging phony votes utilized a font similar to one used by the Clinton campaign in authentic ads, prosecutors said. Others tried to mimic Clinton’s ads in other ways, they added.
By Election Day in 2016, at least 4,900 unique telephone numbers texted “Hillary” or something similar to a text number that was spread by multiple deceptive campaign images tweeted by Mackey and co-conspirators, prosecutors said.
Twitter has said it worked closely with appropriate authorities on the issue.
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#Farright #influencer #convicted #voter #suppression #scheme
( With inputs from : www.politico.com )

April 1, 2023
BJP MLA convicted in fake mark sheet case surrenders before Ayodhya court

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Ayodhya: Former BJP MLA from the Gosaiganj constituency of Ayodhya Indra Pratap Tiwari who has been convicted in a fake mark sheet case, surrendered before the MP-MLA court here on Friday.
Tiwari was currently out on bail.
The surrender has come after the Allahabad High Court dismissed his appeal on March 17 against a trial court order that led to his conviction.
Talking to PTI, Dinesh Tiwari, Council for the MLA, said, “Indra Pratap Tiwari surrendered on Friday in the court of Special Judge MP-MLA Additional District Judge Ashok Dubey. The court took the former MLA in custody and sent him to jail.”
Dismissing Tiwari’s appeal, the Lucknow bench of the court, earlier this month, noted that the former legislator should be taken into custody forthwith to serve out the sentence awarded to him by a sessions court in Ayodhya.
In its order, the court took note of the fact that Tiwari had a criminal history of 35 cases. Besides the former MLA, the two other appellants were Kripa Nidhan Tiwari and Phool Chand Yadav.
“From the evidence led by the prosecution, the offences under sections 420 (cheating), 468 (forgery) and 471 (using as genuine a forged document) of the IPC are fully made out and proved against the appellants and the trial court rightly convicted and sentenced the appellants for the aforesaid offences,” the HC order read.
In separate appeals, the three had challenged the 2021 judgment of a special MP-MLA court in Ayodhya, sentencing Tiwari to five years in jail.

After his conviction in the case, Tiwari was disqualified.
The appellants were put on trial for the offences committed while getting themselves admitted to Saket Mahavidyalaya in Ayodhya on the basis of fake mark sheets.
A complaint was filed by the then principal of the college, Yaduvansh Ram Tripathi, on February 14, 1992, and February 16, 1992, with the senior superintendent of police (SSP), Faizabad. Subsequently, a chargesheet was filed in the case.
The MP-MLA court convicted the trio of the charges against him on October 18, 2021.
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#BJP #MLA #convicted #fake #mark #sheet #case #surrenders #Ayodhya #court
( With inputs from www.siasat.com )

March 31, 2023
Hope Rahul will be convicted in my petition too: Sushil Modi

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Patna: Former Bihar Deputy Chief Minister Sushil Kumar Modi on Thursday expressed hope that Congress leader Rahul Gandhi will get “adequate punishment” by a court here which has “summoned” the latter next month in connection with a case lodged by the former.
In a video statement, Modi, now a Rajya Sabha member, disclosed that the MP/MLA court in Patna has asked Gandhi to appear in person on April 12 in connection with the petition lodged by the BJP leader following the then Congress president’s controversial speech at Karnataka in 2019.
“Gandhi has been summoned for recording of statement under Section 317 CrPC. I am confident that like the court in Surat, the court here will hold him guilty and award adequate punishment (adequate punishment)”, said Modi, who had filed his petition on April 18, 2019, five days after Gandhi made the impugned remarks at a rally in the thick of Lok Sabha polls.
Modi added “Gandhi and his party believe in dynasty politics and cannot bear the sight of an OBC, Narendra Modi, in the Prime Minister’s chair. They, therefore, routinely engage in slander. Only the judiciary can effectively check this tendency”.
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#Hope #Rahul #convicted #petition #Sushil #Modi
( With inputs from www.siasat.com )

March 30, 2023
Indian-origin prolific shoplifter convicted of multiple frauds in UK

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London: An Indian-origin woman, who prosecutors said shoplifted on an industrial scale and deceived shops into refunding her for items that she had never actually purchased, has been convicted by a UK court of multiple counts of fraud and related offences.
Narinder Kaur aka Nina Tiara was convicted of 26 counts on a UK Crown Prosecution Service (CPS) indictment, which included fraud, possessing and transferring criminal property and perverting the course of justice, at the end of a trial last week that lasted four months at Gloucester Crown Court.
The 53-year-old was dubbed a “prolific serial shoplifter” by the CPS, which told the court that Kaur made it her full-time career to travel all over the country, steal items from high street stores, and dishonestly claim refunds on those items, sometimes on multiple occasions, that she was not entitled to.
During two police searches of her home, around 150,000 pounds in cash was found hidden away, as well as stolen goods.
The CPS was able to prove that Kaur defrauded the various retailers over a thousand times between July 2015 and February 2019 and she remains in custody until her sentencing.
“Narinder Kaur undertook fraud on a long-standing and wide-ranging manner,” said Giovanni D’Alessandro, a Senior Crown Prosecutor at CPS West Midlands.
“It was a very lucrative full-time job which demonstrably made her over half a million pounds over this period of offending. She went to extraordinary lengths to carry out her deceptions, seeking to find a way of defrauding a retailer and then travelling all over the country to replicate the fraud,” he said.
She also changed her name legally and opened new bank accounts and credit cards in a second identity to avoid detection, he said.

“She now righty faces a significant sentence for her crimes and the prosecution will look to recoup as many of her ill-gotten gains as the law allows,” he added.
A close examination of Kaur’s bank and credit card accounts, of which she had several, showed that she had visited and defrauded several high street retailers by claiming thousands of pounds in refunds way beyond the amounts she had originally spent in those stores.
She also attempted to defraud Wiltshire Council the local authority for the Cleverton area where she is based in south-west England of 7,400 pounds by overpaying using stolen credit cards and then contacting the council for a refund, claiming she had accidentally made a payment with too many zeros.
According to the CPS, she worked with a male accomplice to use stolen bank card details to make payments to her own heating oil supplier.
She also instructed several solicitor’s firms to sue her brother and arranged for an accomplice to make payments in the thousands of pounds using stolen card details, which she then asked the solicitors to pay to her.
She also lied to the court and produced false documentations to avoid being convicted of speeding offences and to relax her bail conditions, the court was told.
Working with the police, the CPS said it was able to prove the case using financial data, retail records, witness evidence and CCTV which proved Kaur’s pattern of offending.
She was seen on CCTV entering stores, taking items from the shelves and taking them to the tills as if they had been previously purchased. A close examination of her accounts confirmed the pattern of purchases and refunds and that the same process seen on the CCTV was being repeated on hundreds of occasions.
The final part of her crime was to lie in the face of court proceedings, in order to mislead the court and try to affect the outcome. Each lie she made to the courts was uncovered piece by piece and disproven so her perversion of justice could be uncovered, the CPS said.
Some of the UK high street retailers and department stores hit by the wide-ranging fraud included Boots, Debenhams, House of Fraser, TK Maxx, Monsoon and John Lewis.
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#Indianorigin #prolific #shoplifter #convicted #multiple #frauds
( With inputs from www.siasat.com )

March 15, 2023
Four Hizb Operatives Convicted By Delhi

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SRINAGAR: A Special Court in Delhi has convicted four persons in a money laundering case related to the Jammu and Kashmir terror funding on Friday, which was probed by the Enforcement Directorate. Among those convicted are Mohammad Shafi Shah, Talib Lali, Muzaffar Ahmad Dar and Mushtaq Ahmad Lone.
It said the court of Additional Sessions Judge-3 (Patiala House court) would announce the punishment on February 27.
The case stems from an FIR filed by the NIA under the UAPA. In April 2020, the ED filed a chargesheet against 12 terrorists.
Eight have been declared proclaimed offenders. The federal agency has also attached assets worth Rs 1.22 crore.
They had pleaded guilty before the trial court for the offence of money laundering.
The case stems from an FIR filed by the National Investigation Agency (NIA) under various sections of the Unlawful Activities Prevention Act (UAPA), the ED said in a statement. “The Hizbul Mujahideen (HM), one of the most active terrorist organisations in Jammu and Kashmir, has been regularly receiving funds … for carrying out terrorist activities. The investigation established that in the garb of Jammu Kashmir Affectees Relief Trust (JKART), Hizbul Mujahideen had been actively involved in funding terrorist activities,” the ED said.
The ED had filed a chargesheet in this case against 12 terrorists in April 2020. Out of them, eight have been declared ‘proclaimed offenders’ by the court, it said. The federal agency has also attached assets worth Rs 1.22 crore as part of the investigation.

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#Hizb #Operatives #Convicted #Delhi
( With inputs from : kashmirlife.net )

February 18, 2023
Four Hizb Operatives Convicted By Delhi Court

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SRINAGAR: A Special Court in Delhi has convicted four persons in a money laundering case related to the Jammu and Kashmir terror funding on Friday, which was probed by the Enforcement Directorate. Among those convicted are Mohammad Shafi Shah, Talib Lali, Muzaffar Ahmad Dar and Mushtaq Ahmad Lone.
It said the court of Additional Sessions Judge-3 (Patiala House court) would announce the punishment on February 27.
The case stems from an FIR filed by the NIA under the UAPA. In April 2020, the ED filed a chargesheet against 12 terrorists.
Eight have been declared proclaimed offenders. The federal agency has also attached assets worth Rs 1.22 crore.
They had pleaded guilty before the trial court for the offence of money laundering.
The case stems from an FIR filed by the National Investigation Agency (NIA) under various sections of the Unlawful Activities Prevention Act (UAPA), the ED said in a statement. “The Hizbul Mujahideen (HM), one of the most active terrorist organisations in Jammu and Kashmir, has been regularly receiving funds … for carrying out terrorist activities. The investigation established that in the garb of Jammu Kashmir Affectees Relief Trust (JKART), Hizbul Mujahideen had been actively involved in funding terrorist activities,” the ED said.
The ED had filed a chargesheet in this case against 12 terrorists in April 2020. Out of them, eight have been declared ‘proclaimed offenders’ by the court, it said. The federal agency has also attached assets worth Rs 1.22 crore as part of the investigation.

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#Hizb #Operatives #Convicted #Delhi #Court
( With inputs from : kashmirlife.net )

February 18, 2023