Tag: Court

  • ‘Modi surname’ case: Rahul moves Guj HC against sessions court verdict

    ‘Modi surname’ case: Rahul moves Guj HC against sessions court verdict

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    Ahmedabad: Congress leader Rahul Gandhi has moved the Gujarat High Court challenging the Surat Sessions court verdict that rejected his plea seeking a stay on his conviction in the 2019 criminal defamation case over the ‘Modi surname’ remark.

    The hearing in the case is likely this week.

    A Surat court on April 20 rejected Rahul Gandhi’s plea seeking a stay on his conviction in the 2019 criminal defamation case.

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    The Congress had said that Rahul Gandhi will move the High Court against the verdict.

    In his judgement, Additional sessions judge Robin P Mogera had cited Gandhi’s stature as an MP and former chief of the country’s second-largest political party and said he should have been more careful. He cited prima facie evidence and observations of the trial court and said it transpires that Gandhi made certain derogatory remarks against Prime Minister Narendra Modi apart from comparing people with the same surname with thieves.

    Mogera said the surname of the complainant in the case, Bharatiya Janata Party (BJP) lawmaker Purnesh Modi, is also Modi. “…the complainant is [also an] ex-minister and involved in public life and such defamatory remarks would have certainly harmed his reputation and caused him pain and agony in society,” he said.

    Mogera cited the disqualification criteria under the Representation of the People Act and added that removal or disqualification as MP could not be termed irreversible or irreparable loss or damage to Gandhi.

    Earlier on April 3, the Sessions Court granted bail to the Congress leader.

    While granting bail to the former MP, the court had issued notices to Purnesh Modi and the state government.

    It heard both parties and then reserved the order for April 20.

    Rahul Gandhi was a Lok Sabha MP from Wayanad but was disqualified after a lower court in Surat sentenced him to two years in jail on March 23 under sections 499 and 500 (defamation) of the Indian Penal Code (IPC) in a case filed by Purnesh Modi.

    The case pertained to a remark Rahul Gandhi made using the surname ‘Modi’ while addressing a campaign event ahead of the 2019 Lok Sabha elections.

    At a rally in Karnataka’s Kolar in April 2019, Rahul, in a dig at Prime Minister Narendra Modi, said, “How come all the thieves have Modi as the common surname?”.

    Following his conviction, Rahul was disqualified as an MP on March 24, as per a Supreme Court ruling in 2013. Under the ruling, any MP or MLA is automatically disqualified if convicted and sentenced to two years or more. (ANI)

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    ( With inputs from www.siasat.com )

  • Charles undermined late queen’s plan to sue News UK, Prince Harry tells court

    Charles undermined late queen’s plan to sue News UK, Prince Harry tells court

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    Queen Elizabeth II personally threatened Rupert Murdoch’s media company with legal proceedings over phone hacking only for her efforts to be undermined by the then Prince Charles, the high court has heard.

    Prince Harry said his father intervened because he wanted to ensure the Sun supported his ascension to the throne and Camilla’s role as queen consort, and had a “specific long-term strategy to keep the media on side” for “when the time came”.

    The Duke of Sussex made the claims on Tuesday as part of his ongoing legal action against News Group Newspapers. The legal case lays bare Harry’s allegations of the deals between senior members of the British royal family and tabloid newspapers.

    The prince said his father, the king, had personally demanded he stop his legal cases against British newspaper outlets when they were filed in late 2019.

    The court filings state: “I was summoned to Buckingham Palace and specifically told to drop the legal actions because they have an ‘effect on all the family’.” He added this was “a direct request (or rather demand) from my father” and senior royal aides.

    Harry blamed tabloid press intrusion for collapses in his mental health, said journalists had destroyed many of his relationships with girlfriends, and said British tabloid journalists fuelled online trolls and drove people to suicide.

    He said: “How much more blood will stain their typing fingers before someone can put a stop to this madness?”

    The duke also suggested that press intrusion by the Sun and other newspapers led to his mother – Diana, Princess of Wales – choosing to travel without a police escort, ultimately leading to her death in 1997.

    In 2017, Harry decided to seek an apology from Murdoch’s News UK for phone hacking, receiving the backing of Queen Elizabeth II and his brother. His submission said: “William was very understanding and supportive and agreed that we needed to do it. He therefore suggested that I seek permission from ‘granny’. I spoke to her shortly afterwards and said something along the lines of: ‘Are you happy for me to push this forward, do I have your permission?’ and she said: ‘Yes.’”

    Having received the support of Queen Elizabeth II, Harry said he asked the royal family’s lawyers to write to the Murdoch executives Rebekah Brooks and Robert Thomson and seek a resolution. Yet the company refused to apologise and, out of desperation, Harry discussed banning reporters from Murdoch-owned outlets from attending his wedding to Meghan, Duchess of Sussex.

    In 2018, Sally Osman, Queen Elizabeth II’s communications secretary, wrote an email to Harry explaining that she was willing to threaten legal action in the name of the monarch.

    The email read: “The queen has given her consent to send a further note, by email, to Robert Thomson, CEO of News Corporation and Rebekah Brooks, CEO of News UK.

    “Her Majesty has approved the wording, which essentially says there is increasing frustration at their lack of response and engagement and, while we’ve tried to settle without involving lawyers, we will need to reconsider our stance unless we receive a viable proposal.”

    However, there was no apology, which Harry ascribes to a secret deal between the royal family and senior Murdoch executives to keep proceedings out of court. As part of the legal proceedings he alleged that his brother, Prince William, had secretly been paid a “huge sum of money” by Murdoch’s company in 2020 to settle a previously undisclosed phone-hacking claim.

    Harry claimed that, shortly before his wedding, he was informed Murdoch’s company would not apologise to the queen and the rest of the royal family at that stage because “they would have to admit that not only was the News of the World involved in phone hacking but also the Sun”, which they “couldn’t afford to do” as it would undermine their continued denials that illegal activity took place at the Sun.

    Murdoch’s company has always denied that any illegal behaviour took place at the Sun and that all phone hacking and illicit blagging of personal material was limited to its sister newspaper, the now-defunct News of the World.

    Harry insists this is untrue and claims phone hacking was widespread at the Sun when it was edited by Brooks, now a senior Murdoch executive. He has said he is willing to go to trial in an attempt to prove this. Murdoch’s company denies any wrongdoing at the Sun, or that there was any secret deal between the newspaper group and the royal household over phone hacking.

    The prince also said press intrusion into the life of his mother was “one of the reasons she insisted on not having any protection after the divorce” as she suspected those around her of selling stories to outlets such as the Sun. He claims: “If she’d had police protection with her in August 1997, she’d probably still be alive today. People who abuse their power like this need to face the consequences of their actions, otherwise it says that we can all behave like this.”

    Harry now believes his father and royal courtiers were prioritising positive coverage of his father and Camilla in the Sun, rather than seeking to back his legal claims. He said: “[T]hey had a specific long-term strategy to keep the media (including [Sun publisher] NGN) onside in order to smooth the way for my stepmother (and father) to be accepted by the British public as queen consort (and king respectively) when the time came … anything that might upset the applecart in this regard (including the suggestion of resolution of our phone-hacking claims) was to be avoided at all costs.”

    He said all of his girlfriends would find “they are not just in a relationship with me but with the entire tabloid press as a third party”, leading to bouts of depression and paranoia. He claimed the press was pushing him in the hope of “a total and very public breakdown”.

    He made clear his personal loathing of Brooks, who was found not guilty of phone hacking by a jury in June 2014. He said: “Having met her once with my father when she was hosting the Sun military awards at the Imperial War Museum in London and having seen her essentially masquerading as someone that she wasn’t by using the military community to try and cover up all the appalling things that she and her newspapers had done, I felt this surprise at her acquittal even more personally, especially as I had been duped into thinking that she was OK at our meeting.”

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    ( With inputs from : www.theguardian.com )

  • NIA Court Issues Proclamation Order Against JeM Commander

    NIA Court Issues Proclamation Order Against JeM Commander

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    SRINAGAR:National Investigation Agency Court Pulwama on Tuesday issued Proclamation order under section 82 CRPC in respect of a designated militant and an active militant in various militant activities.

    In a handout, the police said that proclamation has been issued in respect of designated militant Ashiq Ah Negroo, who is involved in various terrorist activities including Case FIR No. 42/2022 under section 20, 38 UAPA (Unlawful Activities Prevention Act) of Police Station Rajpora and in respect of active militant Reyaz Ah Dar involved in case FIR No 239/2022 under section 307 IPC, 16, 18, 20, 23, 38 UAPA of Police Station Pulwama. Court has given them 30 days to surrender before the competent authority.

    According to police spokesman, before issuing proclamation, NIA Court has already issued NBW (Non-Bailable warrant) open ended warrant. Proclamation order was pasted in their native places and also on the conspicuous places of the villages along with the concerned police, reads the statement.

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    ( With inputs from : kashmirlife.net )

  • NIA Court Issues Proclamation Order Against JeM Commander Ashiq Nengroo – Kashmir News

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    Srinagar April 25: National Investigation Agency Court Pulwama on Tuesday issued Proclamation order under section 82 CRPC in respect of a designated militant and an active militant in various militant activities.

    The police said that proclamation has been issued in respect of designated militant Ashiq Ah Negroo, who is involved in various terrorist activities including Case FIR No. 42/2022 under section 20, 38 UAPA (Unlawful Activities Prevention Act) of Police Station Rajpora and in respect of active militant Reyaz Ah Dar involved in case FIR No 239/2022 under section 307 IPC, 16, 18, 20, 23, 38 UAPA of Police Station Pulwama. Court has given them 30 days to surrender before the competent authority.

    According to police spokesman, before issuing proclamation, NIA Court has already issued NBW (Non-Bailable warrant) open ended warrant. Proclamation order was pasted in their native places and also on the conspicuous places of the villages along with the concerned police, reads the statement.(GNS)


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    ( With inputs from : kashmirnews.in )

  • Hyderabad gang rape case: High Court sets aside POCSO court order

    Hyderabad gang rape case: High Court sets aside POCSO court order

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    Hyderabad: Telangana High Court on Tuesday set aside an order of POCSO Court for treating one of the minor accused in the Jubilee Hills gang rape case as major.

    On a petition filed by one of the minor accused challenging the POCSO Court order, the High Court delivered its judgment. With the High Court’s order, the sensational case will now be tried with four accused as majors and two accused as minors.

    In September last year, the lower court had ruled that four of the five minors involved in the case can be tried as majors in view of the graveness of the crime.

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    Six accused including a major were arrested in June last year for the gang rape of a 17-year-old girl in a car in posh Jubilee Hills neighbourhood of Hyderabad.

    The accused had trapped the victim after a daytime party at a bar and after offering a lift sexually assaulted her.

    The crime was committed on May 28 but came to light only on May 31 after the victim’s father lodged a complaint with the police. The case had triggered national outrage.

    Five accused including the son of a leader of the ruling Bharat Rashtra Samithi (TRS) have been charged with gang rape while sixth accused, who is the son of a legislator of Majlis-e-Ittehadul Muslimeen (MIM), is facing molestation charges.

    Saduddin Malik and four minors were booked under Indian Penal Code (IPC) sections 376 D (gang rape), 323 (causing hurt), Section 5 (G) (gang penetrative sexual assault on child) read with Section 6 of Protection of Children from Sexual Offences (POCSO) Act, 366 (kidnapping a woman) and 366 A (procuration of a minor girl) and Section 67 of Information Technology Act.

    The sixth minor was not involved in rape but he kissed the victim in the car. He was booked under IPC Section 354 (assault or criminal force to woman with intent to outrage her modesty), 323 and Section 9 (G) read with 10 of POCSO Act.

    On June 28, police filed a charge sheet both in Nampally Criminal Court and Juvenile Justice Board as five of the six accused in the case were minors.

    The police, however, made a plea to the Juvenile Justice Board to allow the minors to be treated as majors for trial in view of the serious nature of the offence. In September, the Board gave its nod and later the POCSO Court also ruled in its favour.

    All the accused are currently on bail.

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    ( With inputs from www.siasat.com )

  • JK High Court Interview Schedule

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    JK High Court Interview Schedule

    It is for the information of all the candidates of Jammu Province whose interview for the post of Driver-ll, pay Level – 2 (19900-63200) in the High Court of Jammu & Kashmir and Ladakh, which was scheduled to be held on 06-05-2023 (Saturday) at High Court Complex, Janipur, Jammu pursuantto Notification No. 597of 2022/ RR/NG dated 31-05-2023 is now re-scheduied to be held on 20-05-2023 at 11:00 a.m. (Saturday) at High Court Complex, Janipur, Jammu.

    Further instructions for the interview shall remain sa me as a Iready notified vide Notification No. 597 of 2023/RR/NG dated 31-03-2023.

    HIGH COURT OF JAMMU & KASHMIR AND LADAKH
    (OFFICE OFTHE REGISTRAR RECRUITMENT AT JAMMU)
    NO. 958 OF 2023/RR/NG DATED 24-04-2023

     

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  • Delhi court grants transit custody of Lawrence Bishnoi to Gujarat ATS

    Delhi court grants transit custody of Lawrence Bishnoi to Gujarat ATS

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    New Delhi: Delhi’s Patiala House Court on Monday granted transit custody of jailed gangster Lawrence Bishnoi to the Gujarat Anti-Terrorist Squad (ATS) in connection with a cross-border smuggling case.

    The agency wants to question Bishnoi about any possible ties to Pakistan because it believes there is a chance that his associates are involved in cross-border smuggling of drugs and weapons.

    The National Investigation Agency (NIA) had already zeroed in on Bishnoi for his possible links to anti-Indian elements in Pakistan.

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    Bishnoi was also involved in cross-border drugs trafficking and a Nigerian woman was working for him, claimed the Gujarat ATS, which now wants to interrogate the gangster in connection with the Al-Tayyasa boat matter in which 38.994 kg heroin worth Rs 194.97 crore was recovered from the Mitha Port in Gujarat.

    “Six Pakistani nationals who were on board the boat were held. Later, it was learnt that the consignment was sent for Bishnoi by Pakistan-based handlers under the supervision of a Nigerian woman. Calls were made from Punjab jail. While two of the accused have been interrogated, we want to quiz Bishnoi for which his production warrant is being sought,” a source said earlier.

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    ( With inputs from www.siasat.com )

  • Lawmakers stay in their lanes on Supreme Court abortion pill ruling

    Lawmakers stay in their lanes on Supreme Court abortion pill ruling

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    On Sunday, Sen. Lindsey Graham (R-S.C.) said he will “live with whatever decision” eventually emerges from the court, while also attacking abortion as a practice and citing his previous support for national legislation limiting it.

    “It’s a human rights issue,” Graham said on CNN’s “State of the Union.” “At 15 weeks you have a developed heart and lungs, and to dismember a child at 15 weeks is a painful experience. It’s barbaric [it’s] out of line with the rest of the civilized world.”

    That’s the stance that any Republican who hopes to have a shot at the GOP presidential nomination in 2024 will have as well, Graham said.

    “Anybody running for president who has a snowball’s chance in hell in the 2024 primary is going to be with me, the American people, and all of Europe, saying late-term abortions should be off the table,” Graham said.

    But Republican Rep. Nancy Mace (R-S.C.) cautioned against going too far on anti-abortion legislation ahead of 2024.

    “I want us to find some middle ground,” Mace said on ABC’s “This Week,” after voicing support for the court’s decision to protect mifepristone. “There are — in my home state of South Carolina, there was a … very small group of state legislatures that filed a bill that would execute women who have abortions and gave more rights to rapists than women who have been raped. That is the wrong message heading into ’24. We’re going to — we’re going to lose huge if we continue down this path of extremities.”

    New Hampshire Gov. Chris Sununu voiced the same concerns Sunday. “If we stay in our traditional lanes, we’re going to lose. There’s no doubt about it,” Sununu said on NBC’s “Meet the Press.”

    The Republican governor, a possible 2024 presidential candidate, referenced polls that he said show dwindling support for legislation banning abortion from younger generations of Republicans.

    “Look, the next generation of Republicans, right, if you look at the polls from about [ages] 45 and under, when you look at their priorities, you know, banning abortion is not one of their priorities. It’s not,” he said.

    Former Gov. Asa Hutchinson — a 2024 presidential contender — said that while he supports limits on abortions, Republicans have fought for decades to have states determine the rules, instead of the federal government. “I would prefer that this is an issue that is resolved by the states,” he said on “Fox News Sunday.”

    Meanwhile, Democratic lawmakers applauded Friday’s ruling as being a legally and medically sound decision that lets women maintain control of their own health.

    Rep. Debbie Dingell (D-Mich.) voiced support for the Supreme Court’s decision, and noted that the drug is used for medical conditions other than abortion.

    “I’m certainly not in a position to know, I’m not a medical expert, nor are the Supreme Court justices,” Dingell said on “Fox News Sunday.” “We have agencies designed and set up to do the scientific process and that is where I think the responsibility belongs.”

    Sen. Mark Warner (D-Va.) also challenged the logic behind the initial decision that was built around a challenge to the FDA’s processes.

    “I think it was crazy. The notion that you would take a drug that has been used safely for more than two decades and somehow then take that away from availability,” Warner said of the lower court decision.

    “You know, I frankly think this is an issue that women’s healthcare choices ought to be made by women, and the idea of this judge so radically intervening with a safe procedure … undermines the very integrity of our FDA process,” he said on “This Week.”

    Sen. Amy Klobuchar (D-Minn.) also said the Supreme Court’s decision Friday was the correct one.

    “The people of this country believe that the women of this country should be able to make their own decisions about their health care … and they don’t want Ted Cruz in the waiting room,” Klobuchar said on State of the Union, citing a Texas Republican senator who is an abortion foe.

    During his interview, Graham pointed to the Comstock Act, a sweeping anti-obscenity measure passed by Congress in 1873 that District Court Judge Matthew Kacsmaryk cited in his initial decision to block abortion medication from being sent by mail.

    “I think it’s a law on the books and it was placed there for a reason,” Graham said when asked about applying the 19th century law to the case.

    “But sending the abortion drug through the mail is a big change in how it is provided. In 2000 when it was first approved, you had to have four visits to the doctor. In 2021, the Biden administration said you don’t have to even consult a physician anymore and send it through the mail. Is that safe? … That’s what the court will decide,” Graham said.

    But Klobuchar said that legislation is outdated.

    “The Comstock Act that [was] literally passed, Dana, in 1873,” Klobuchar told CNN’s Dana Bash. “That is 10 years before the ‘Yellowstone’ prequel. … that is at a time when healthcare — when you were treated for pneumonia through bloodletting,” she said.

    “The American people do not want to go backward. And what I heard today is that Republican leaders in Washington aren’t backing down on their opposition to reproductive freedom. They are doubling down,” she said.

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    ( With inputs from : www.politico.com )

  • Delhi’s Saket Court firing: Injured woman is stable, says police

    Delhi’s Saket Court firing: Injured woman is stable, says police

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    New Delhi: The condition of the woman shot at inside a Delhi court complex was stated to be out of danger and stable, officials said on Saturday.

    The woman is currently undergoing treatment at the premier All India Institute of Medical Sciences (AIIMS) here. A police officer said the condition of the woman was out of danger and stable.

    The accused, a debarred lawyer, had fired four rounds at the woman, identified as M Radha, and wounded her inside Saket court in south Delhi on Friday. A man who works as a ‘munshi’ in the court was also injured in the firing that occurred around 10.30 am.

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    Kameshwar Singh alias Manoj Singh, a resident of Durga Ashram in Chhatarpur, was arrested from a house in Faridabad where he was hiding after the incident. He has been booked under IPC Section 307 (attempt to murder) and sections of the Arms Act.

    Singh had filed a case of cheating against the woman and her lawyer over a monetary dispute involving Rs 25 lakh. The hearing was scheduled for Friday.

    On his complaint, a case was registered against Radha and she was arrested in December 2022. After she got conditional bail from Delhi High Court, he asked her to return the money but she refused.

    Singh had warned Radha that if she did not return the money he would kill her in court. They had an argument over the issue on Friday, when they gathered for mediation, and Singh took the licensed revolver of his private security guard and opened fire on Radha.

    (Except for the headline, this story has not been edited by Siasat staff and is published from a syndicated feed.)

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    ( With inputs from www.siasat.com )

  • 2020 Delhi riots: Court directs DCP to take action on incriminating, unverified video

    2020 Delhi riots: Court directs DCP to take action on incriminating, unverified video

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    New Delhi: A Delhi court has directed the Deputy Commissioner of Police (DCP) concerned to take immediate remedial action regarding an unverified, incriminating video against an accused in connection with the 2020 northeast Delhi riots.

    Additional Sessions Judge Amitabh Rawat was hearing the case fixed for orders on the point of charge against four defendants — Rahul Kumar, Suraj, Yogender Singh, and Naresh –, who have been accused of participating in a riotous mob that committed arson in a place of worship and some of its ground-floor shops on fire on February 25, 2020.

    The judge noted that while Suraj and Yogender were the subjects of CCTV film, Kumar had been recognised by a public witness. Additionally, there was a video against Naresh, who is accused of committing arson and raising a flag over a house of worship.

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    “However, when the video was sent to the Central Forensic Science Laboratory (CFSL), the report was received stating that the DVD was found inaccessible in the video analyst’s system and hence, no examination was carried out. The FSL report was filed by way of a supplementary chargesheet,” the judge said.

    No other witness was found to identify accused Naresh, according to the judge, and it was “inexplicable” how the incriminating footage was discovered to be inaccessible after being given to the CFSL.

    “If it was so, the investigating officer (IO) or the station house officer (SHO) or the assistant commissioner of police (ACP) should have again sent the correct and accessible video to the FSL for their opinion and filed the same but instead, the IO has filed the supplementary chargesheet, along with the FSL report of the inaccessible video,” the judge said.

    He stated it is “difficult” for the court to frame charges against Naresh based on a “unverified DVD” because the court must do it based on the evidence that is presented.

    “But yet at the same time, if the video exists and it is verified by the FSL, it can inculpate the accused and thus, discharging him at this stage without the FSL report will hurt the conscience of this court, particularly, given the nature of the case of burning of a religious place. Moreover, the origin of the video is not disclosed,” the judge said.

    “In these circumstances, this court is of the opinion that the DCP concerned should take immediate remedial action,” he added.

    The court then listed the matter for June 7 for next hearing.

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    ( With inputs from www.siasat.com )