Tag: Court

Excise policy scam: Delhi court extends Sisodia’s judicial custody by 2 weeks

[ad_1]
New Delhi: A court here on Monday extended former Delhi Deputy Chief Minister Manish Sisodia’s judicial custody by two weeks in connection with the excise policy case being investigated by the Enforcement Directorate (ED).
Before the bench of special judge M.K. Nagpal of the Rouse Avenue Court, the ED had earlier submitted that Sisodia had planted fabricated e-mails to show that there was a public approval for the policy.
“We have evidence that Sisodia had e-mails planted. These have been received not only in the official e-mail account of the Excise Department but even in his personal e-mail account. The content of the e-mails was given by Sisodia which suited his agenda,” the counsel for the ED had told while opposing the bail plea.

“Fabricated e-mails were sent to show that there was a public approval of the policy. This is a sham approvala Illegal ecosystem was created to give benefits to the liquor cartels in lieu of kickbacks.”
The ED’s special public prosecutor Zoheb Hossain had then told the judge that the agency wanted to show him the case diary.
To this, Sisodia’s counsel had said that it should not be done so in secrecy.
“Sealed cover business should go. If something is used against me to deny me my libertya If they are relying on something behind my backa It should be put to me as well,” the counsel said.
However, the probe agency said that the 60 days to complete the investigation against him are not over yet.

The ED said: “We will put it to you after 60 days.”
The court then adjourned the hearing in bail matter for Tuesday.
On April 5, the ED had informed Judge Nagpal that it has found fresh evidence indicating Sisodia’s involvement in the alleged excise scam, and the investigation is at a crucial stage.
The court had extended AAP leader’s custody till April 17 in this case.
On March 21, Sisodia had moved a plea seeking bail plea in ED’s case.
After the CBI arrested the AAP leader on February 26, the ED also arrested him in the same case on March 9.
The probe agency had earlier claimed that within a span of one year, 14 phones have been destroyed and changed, and that Sisodia has been evasive from the start.
[ad_2]
#Excise #policy #scam #Delhi #court #extends #Sisodias #judicial #custody #weeks
( With inputs from www.siasat.com )

April 17, 2023
Kashmiri Cook’s PSA Detention In Agra Jail Quashed By High Court

[ad_1]
SRINAGAR: The High Court of Jammu and Kashmir has quashed the detention of Ashiq Hussain Teli, a resident of Watrina Bandipora who was lodged in Agra jail under the Public Safety Act (PSA).
Teli, who worked as a cook, was arrested by police in Bandipora in January 2022 on charges of stone-pelting.
However, his lawyer, Advocate Bashir Ahmed Tak, argued that the detaining authority did not attribute any specific allegation against Teli and that he was arrested on old cases and fake charges.
Justice Sanjay Dhar, presiding over the case, ordered Teli’s release from the Agra Jail.

[ad_2]
#Kashmiri #Cooks #PSA #Detention #Agra #Jail #Quashed #High #Court
( With inputs from : kashmirlife.net )

April 15, 2023
Defamation case: Maha court grants Rahul permanent exemption from appearance

[ad_1]
Thane: A court in Maharashtra’s Thane district on Saturday granted a permanent exemption to Congress leader Rahul Gandhi from appearing before it in a defamation case filed against him by a Rashtriya Sawyamsevak Sangh (RSS) functionary.
Bhiwandi First Class Judicial Magistrate Laxmikant C Wadikar who heard Gandhi’s application filed through his counsel Narayan Iyer observed that the Congress leader deserves a permanent exemption.
The magistrate also set June 3 for recording evidence in the defamation suit filed by local RSS worker Rajesh Kunte.

Kunte had in 2014 filed a private complaint before the Bhiwandi magistrate’s court after watching Gandhi’s speech where he allegedly accused the RSS of Mahatma Gandhi’s assassination. Kunte claimed this statement slandered the reputation of the RSS.
Gandhi had appeared before the court in June 2018 and pleaded not guilty.
“Accused Rahul Rajiv Gandhi is hereby exempted from appearance in the court till the further order passed by the court subject to following conditions,” reads the order, a copy of which was accessed by PTI.
“Accused to undertake that his duly designated advocate punctually and regularly appears before court on each and every scheduled date and conduct the trial in absence of accused,” says one of the conditions. “Accused to remain present in court as and when directed,” reads another.
Rahul Gandhi, who was recently disqualified as an MP after his conviction by a Surat court in a defamation case, had last year sought exemption from appearance in the Bhiwandi court on the grounds that he was a Delhi resident and a Lok Sabha member who had to visit his constituency (Wayanad), attend party work and travel a lot. Gandhi had requested that whenever required, he be allowed to be represented by his lawyer in the hearing.

Kunte recently argued that since Gandhi is no longer a parliamentarian, he should not be given an exemption in the matter.
The Surat court had on March 23 sentenced Gandhi to two years in jail in a 2019 criminal defamation case filed against him over his “why all thieves have Modi surname” remarks. The court also granted him bail and suspended the sentence for 30 days to allow him to appeal in a higher court. The next day, he was disqualified as a member of the Lok Sabha.
[ad_2]
#Defamation #case #Maha #court #grants #Rahul #permanent #exemption #appearance
( With inputs from www.siasat.com )

April 15, 2023
Mehul Choksi wins in Antigua and Barbuda’s court

[ad_1]
Roseau: Mehul Choksi, the diamantaire who is wanted in India in connection with Rs 13000 crore fraud cannot be removed from Antigua and Barbuda, the country’s High Court said Friday as it gave the ruling in his favour.
The claimant, Mehul Choksi in his civil lawsuit has argued that there is an obligation on the part of the defendants, the Attorney General of Antigua and the Chief of Police to carry out a thorough inquiry and that he has an arguable claim that he was subjected to inhuman or degrading treatment or punishment, Dominica based Nature Isle News reported.
Demanding an investigation into his claims, Choksi has sought relief which includes a declaration that suggests he is entitled to a prompt and thorough investigation into the circumstances surrounding his forcible removal from Antigua and Barbuda on or about May 23, 2021.

The court order has prohibited the removal of the Claimant, Mehul Choksi from Antigua and Barbuda’s territory without a High Court ruling following an inter party hearing and subject to the Claimant (Mehul Choksi) exhausting all available legal remedies, including appeals.
“Further or in the alternative, a Declaration that the first Defendant is to establish an independent, judicial inquiry as to the circumstances of the Claimant (Mehul Choksi)’s forcible abduction and removal from the jurisdiction of Antigua and Barbuda on or around 23 May 2021. A Declaration that the second Defendant has a duty to confirm to the Dominican police that the evidence supports that the Claimant was forcibly removed from the jurisdiction and taken to Dominica against his will,” the court order read.
“An Order that the Claimant may not be caused to leave and/or be removed from the jurisdiction of Antigua and Barbuda without an order from the High Court after an inter partes hearing and subject to the Claimant exhausting any appeals or other legal relief provided by law. An Order that the second Defendant releases the statement taken by its officers from the Claimant on 15 August 2021,” it read further.
The defendants, on the other hand, argued that there is no valid complaint that exposes a cause of action for any failure to carry out an “effective” and “rapid” investigation within the scope of the jurisdiction under section 7 of the Constitution.
According to Nature Isle News, the defendant also claimed that the claim was frivolous, vexatious, and an abuse of the court’s process.

Collusion, forced abduction, removal from Antigua and Barbuda, assault, and battery are among the incidents detailed in the Claimant Mehul Choksi’s affidavits in support of the claim.
The Claimant was forcibly transported to the Commonwealth of Dominica aboard a boat, as per the report of Nature Isle News.
According to the claimant’s evidence, he asked to consult with his lawyers at the time he was approached by the individuals, but that request was denied.
The 63-year-old diamantaire is wanted in India in connection with a Rs 13,000-crore fraud in the Punjab National Bank (PNB).
CBI in its statement said that it remains committed to returning fugitives and criminals to India to face the process of criminal justice.
“Systematic steps have been initiated in close coordination with foreign law enforcement agencies for geo-locating and return of wanted criminals and economic offenders. In the last 15 months, over 30 wanted criminals have returned to India,” it read.
CBI said that a case was registered against Mehul Choksi and others on February 15, 2018, for defrauding Punjab National Bank.
Subsequently in 2022, CBI registered five more criminal cases against Mehul Choksi and others for defrauding banks and financial institutions.
In 2018, wanted criminal Mehul Chinubhai Choksi approached the Commission for Control of INTERPOL’s Files (CCF) making a request for the non-publication of a Red Notice.
“CCF is a separate body within INTERPOL that is not under the control of INTERPOL Secretariat and is mainly staffed by elected lawyers from different countries. CCF had studied his request and consulted CBI. CCF dismissed representation of Mehul Chinubhai Choksi and INTERPOL published a Red Notice,” CBI stated.
The agency said that INTERPOL had only published a Red notice against wanting to accuse Mehul Chinubhai Choksi in December 2018 at the request of CBI and ED.
[ad_2]
#Mehul #Choksi #wins #Antigua #Barbudas #court
( With inputs from www.siasat.com )

April 15, 2023
Alito keeps access to abortion pill unchanged for next five days while Supreme Court reviews emergency appeals

[ad_1]

The appeals court ruling — if it takes effect — would suspend several policies the FDA has approved since 2016 to make mifepristone more accessible, including telemedicine prescription, mail delivery and retail pharmacy dispensing. The ruling also would suspend approval of the generic version of the drug and would narrow the window of time the drug can be prescribed from 10 to seven weeks of pregnancy — though off-label prescription after seven weeks would still be possible. The Biden administration warned the court in its Friday petition that letting these changes move forward would wreak “regulatory chaos” nationwide and harm patients.
The ruling had been scheduled to take effect on Saturday. But it is now temporarily frozen by Alito’s interim orders — known as administrative stays — keeping everything on hold until next Wednesday night while the justices receive further briefing and decide whether to issue a longer stay.
The anti-abortion medical groups challenging the pill’s approval have until noon on Tuesday to file responses. In a statement Friday, their attorney, Alliance Defending Freedom Senior Counsel Erin Hawley, called Alito’s stay orders “standard operating procedure” that would give justices “sufficient time to consider the parties’ arguments before ruling.”
Alito’s move maintains for now the current national patchwork of abortion access, with near-total bans on all forms of abortion in many red states and broad access to both medication abortion and surgical abortion in blue states.
Alito, a George W. Bush appointee who wrote the court’s decision last year overturning Roe v. Wade and allowing a wave of GOP-led states to impose abortion bans, single-handedly issued the administrative stays on Friday because all emergency appeals from the 5th Circuit are initially directed to him. As is customary with interim orders, he did not elaborate on why he granted the temporary relief. But administrative stays are typically intended only to buy the court time in fast-moving litigation and do not foreshadow the justices’ substantive views.
The FDA did not immediately comment on the stay orders or how the agency plans to enforce the restrictions if the high court allows them to go into effect.
Abortion rights groups cheered the stay orders and vowed to keep pressing the court to permanently halt the looming restrictions on the drug. Anti-abortion groups called them disappointing, with one group, Students for Life, accusing the Supreme Court of “playing politics.”
The legal battle over mifepristone escalated last week when a federal district judge in Texas, Matthew Kacsmaryk, issued an order suspending the approval of mifepristone nationwide and halting the various moves FDA has made since 2016 to broaden access to the drug.

On Wednesday, a panel of the New Orleans-based 5th Circuit issued a 2-1 ruling putting a hold on the portion of the lower judge’s order that suspended the drug’s approval but allowing the rest of his decision to kick in on Saturday.
That prompted the Justice Department and Danco, which makes the brand-name version of mifepristone, to turn to the high court for relief. They said that even the 5th Circuit panel’s approach – leaving the drug approved but rolling back expanded access in recent years – would be highly disruptive and could force the company to stop selling and distributing the drug for months.
Adding to the turmoil is a separate ruling from a federal judge in Washington state, who last week ordered the FDA not to permit any new restrictions on access to mifepristone in 17 states and the District of Columbia.
[ad_2]
#Alito #access #abortion #pill #unchanged #days #Supreme #Court #reviews #emergency #appeals
( With inputs from : www.politico.com )

April 15, 2023
ED has been ‘lying’ in court, Sisodia didn’t destroy mobile phones, claims AAP leader

[ad_1]
New Delhi: Senior AAP leader Sanjay Singh on Friday accused the Enforcement Directorate of “lying” before the court and claimed that no mobile phones were destroyed by former deputy chief minister Manish Sisodia.
In March, the ED had claimed before a Delhi court that Sisodia was involved in “large scale destruction of digital evidence to impede investigation” in the Delhi excise policy case and had changed and destroyed
14 phones.
Sisodia was arrested in a money laundering case related to the alleged excise case.

“The Enforcement Directorate has been lying before the court all this while. They said 14 mobile phones were destroyed by Sisodia but the reality is, no mobile phones were destroyed by the former deputy chief minister,” Singh claimed.
“In fact, five out of those 14 phone are in ED and CBI custody,” the senior AAP leader added.
However, ED sources said the charge sheets in this case are based on “credible evidence” and that, the court “has taken cognisance of them.”
“According to an ED report, all the phones are functioning and five out of the 14 phones have already been seized by the ED and CBI,” AAP’s Rajya Sabha member claimed.
Lashing out at the probe agency, Singh alleged that the phone numbers listed by the ED included the ones that belonged to Sisodia’s househelp, driver and other staff.

“They have made a mockery of an investigation. Those BJP leaders who have been alleging that Manish Sisodia destroyed 14 mobile phones and ED officers who defamed the best education minister of Delhi, should apologise publicly,” Singh said.
The Senior AAP leader also read out the International Mobile Equipment Identity (IMEI) numbers of the mobile phones allegedly listed by the ED.
[ad_2]
#lying #court #Sisodia #didnt #destroy #mobile #phones #claims #AAP #leader
( With inputs from www.siasat.com )

April 14, 2023
Court Quashes PSA Against Kashmiri Journalist

[ad_1]
SRINAGAR: On Thursday, the Jammu Kashmir High Court overturned the Public Safety Act of Kashmiri journalist Fahad Shah, who has been detained at Kot Balwal jail in Jammu since June 2022, nearly 300 kilometres away from his home in Srinagar’s Soura. Despite calls from organizations such as the Committee to Protect Journalists (CPJ) for his release, Fahad has remained in detention for over a year.
Fahad was initially arrested by Pulwama Police on February 4, 2022, for social media posts that were deemed to glorify terrorist activities and harm the image of law enforcement agencies, as well as cause ill-will and disaffection towards the country.
Although he was granted bail in that case on February 26, he was arrested again by Srinagar police on March 5 in connection with a report on his news portal from January 2021, and was granted bail again on March 14 before being moved to Kupwara District jail on March 16. He was later shifted to Kot Balwal jail on June 9, after being booked under the Public Safety Act.
In the PSA dossier submitted to the District Magistrate of Srinagar, the Jammu and Kashmir police accused Fahad of propagating stories that were in line with ISI/separatist propaganda, posting anti-national content, and glorifying stone pelters, terrorists, and separatism.
The dossier also claimed that Fahad’s news portal, The Kashmir Walla, published stories that were against the interest and security of the nation, and that they mostly highlighted the allegations of the Kashmir conflict and the “Indian state’s highhandedness.”
Despite securing bail twice before, Fahad was arrested for the third time and booked under a fresh PSA case on Monday. The police described Fahad as an “instigator” and accused him of working against the ethics of journalism by posting anti-national content that had a negative impact on the sovereignty and unity of the country. The PSA dossier concluded that Fahad could pose a serious threat to the security of J&K by way of his unlawful activities. (KDC)

[ad_2]
#Court #Quashes #PSA #Kashmiri #Journalist

( With inputs from : kashmirlife.net )

April 14, 2023
Supreme Court rejects bid to block major class-action settlement on student debt relief

[ad_1]
Conservatives had seized on the case as a way to rein in Joe Biden’s efforts to cancel student debt and attack a potential backup plan to enact mass loan forgiveness if the Supreme Court strikes down his debt relief program in two other pending cases.
The three college operators were challenging the same law — the Higher Education Act’s “compromise” authority — that is widely seen as a fallback option for Biden. The administration’s existing student debt relief program is tied to the Covid-19 national emergency under a 2003 law known as the HEROES Act.
Everglades College Inc., Lincoln Educational Services Corporation and American National University argued that the settlement unfairly maligns them. About 3,800 of the colleges’ former students who said they were defrauded are set to receive relief under the settlement, but the schools note that those allegations were never proven.
The settlement, which the Education Department agreed to last year, came after years of litigation that accused the agency of mishandling and delaying applications by borrowers seeking loan forgiveness based on the misconduct of their college.
The deal is aimed at wiping out a backlog of hundreds of thousands of those applications, which are known as “borrower defense” claims. Some have languished at the department for years.
The Biden administration and attorneys who represent the student loan borrowers had argued that the three colleges lacked standing to challenge the settlement in the first place, dismissing the schools’ claims of reputational harm as too speculative.
In its brief earlier this week, the Justice Department pushed back on the idea that the class-action settlement is related to Biden’s broader debt cancellation program, calling them “entirely distinct.” The settlement “does not reflect any ‘en masse’ cancellation of outstanding debt, nor an assertion by the Secretary of the power to discharge the Department’s entire $1.6 trillion loan portfolio,” Solicitor General Elizabeth Prelogar wrote.
The decision by the Supreme Court on Thursday sends the case back to the 9th Circuit Court of Appeals, which has already set a briefing schedule to hear the colleges’ appeal of the settlement.

It’s possible the case could return to the high court after that. The justices’ ruling on Thursday addressed only emergency relief.
But in the meantime it clears the Education Department to continue processing loan discharges for tens of thousands of borrowers.
The Biden administration reported on Wednesday that it had already wiped out the debts of about 78,000 borrowers out of the roughly 200,000 borrowers who qualify for immediate relief under the settlement.
Beyond the immediate loan forgiveness, the settlement also requires the Education Department to set up a streamlined process for tens of thousands of additional borrowers to obtain loan forgiveness.
Eileen Connor, president and director of the Project on Predatory Student Lending, which represents the class of student loan borrowers in the case welcomed the court’s decision on Thursday.
“Today’s swift and decisive action from the highest court should end, once and for all, any ongoing debate about the legitimacy of this settlement,” she said in a statement. “The message is clear: the rights of student borrowers will not falter, even in the face of well-funded, politically-motivated attacks masquerading as legal argument.”
Josh Gerstein contributed to this report.
[ad_2]
#Supreme #Court #rejects #bid #block #major #classaction #settlement #student #debt #relief
( With inputs from : www.politico.com )

April 14, 2023
Court seeks ED’s response to Satyendar Jain’s case transfer plea

[ad_1]
New Delhi: A Delhi court on Thursday sought the Enforcement Directorate (ED)’s response to an application moved by jailed Aam Aadmi Party (AAP) leader Satyender Jain seeking transfer of a money laundering case to another judge.
Principal District and Sessions Judge Vinay Kumar Gupta issued notice to the ED on Jain’s plea, returnable by May 4, the next date of hearing in the matter.
The court, however, refused to stay the proceedings before Special Judge Vikas Dhull, who is currently hearing the case, during the pendency of the application.

Jain on Tuesday sought transfer of two cases related to alleged corruption and money laundering brought against him by the Central Bureau of Investigation (CBI) and the ED to another judge.
Both the cases are currently being heard by Special Judge Dhull.
The proceedings in the CBI corruption case have been temporarily halted by the District Judge until May 4, when arguments on Jain’s transfer application will be heard.
Jain was placed under arrest on May 30, 2022, by the central agency under Section 19 of the Prevention of Money Laundering Act, 2002.
The ED had initiated a money laundering investigation on the basis of the FIR registered by the Central Bureau of Investigation in 2017 under Sections 13(2) read with 13(1)(e) of the PC Act, 1988 against Jain, his wife Poonam Jain, and Ajit Prasad Jain, Sunil Kumar Jain, Vaibhav Jain, and Ankush Jain.

The CBI has alleged that Jain, while holding the office as a Minister in the Delhi government during February 14, 2015 to May 31, 2017, had acquired assets disproportionate to his known sources of income.
A charge sheet was filed by the CBI on December 3, 2018, against Jain, his wife Poonam Jain, and other accused.
Earlier, the ED had provisionally attached immovable properties worth Rs 4.81 crore belonging to companies beneficially owned and controlled by Jain on March 31, 2022.
[ad_2]
#Court #seeks #EDs #response #Satyendar #Jains #case #transfer #plea
( With inputs from www.siasat.com )

April 13, 2023
Pak court grants Imran Khan interim bail till May 4 in three cases

[ad_1]
Lahore: An anti-terrorism court in Pakistan on Thursday extended interim bail to Imran Khan till May 4 in three cases related to the clashes between his supporters and the police during an operation to arrest the former premier in the Toshakhana corruption case last month.
Lahore’s Anti-terrorism court (ATC) granted one-time permission to Khan, the chairman of the Pakistan Tehreek-e-Insaf (PTI), to appear for the hearing via video link in the case.
Khan had filed petitions for bail in three FIRs registered with the Race Course police station under anti-terror laws.

Khan, 70, has been repeatedly claiming that his life is under threat because of which he was abstaining from attending court hearings.
ATC judge Ejaz Ahmad Bhutta asked Khan’s lawyer Salman Safdar what he had done for which he was facing threats to his life.
To this, Safdar said those who were behind a gun attack on his client (in last November) could answer this.
“If Imran Khan is assassinated Pakistan will descend into chaos like what had happened after the murder of former premier Benazir Bhutto,” he said.
“There are credible reports that Mr Khan can be targeted by snipers on his way to courts and these can be verified from the law enforcement agencies,” he said.

In November last year, Khan survived an assassination attempt on his life.
After hearing arguments, the judge allowed Khan to mark his attendance in court through a video link and extended his pre-arrest bail till May 4, a court official said.
The Lahore police had booked Khan and hundreds of his party workers in three terrorism cases during clashes with police last month in an operation to arrest him in the Toshakhana case.
Khan has been in the crosshairs for buying gifts, including an expensive Graff wristwatch he had received as the premier at a discounted price from the state depository called Toshakhana, and selling them for profit.
He was disqualified by the Election Commission of Pakistan in October last year for not sharing details of the sales.
The election body later filed a complaint with the district court to punish him, under criminal laws, for selling the gifts he had received as prime minister of the country.
Khan has vehemently denied those charges.
The other case is related to the killing of a PTI worker in which Khan was booked for attempted murder.
Khan, the cricketer-turned-politician, is currently facing over 140 cases registered against him under treason, terrorism, murder, attempted murder, blasphemy, and other charges.
Khan was ousted from power in April last year after losing a no-confidence vote, which he alleged was part of a US-led conspiracy targeting him because of his independent foreign policy decisions on Russia, China, and Afghanistan.
Since his ouster, he has been demanding early elections to remove what he termed an “imported government” led by prime minister Shehbaz Sharif.
Sharif has maintained that elections will be held later this year once parliament completes its five-year tenure.
[ad_2]
#Pak #court #grants #Imran #Khan #interim #bail #cases
( With inputs from www.siasat.com )

April 13, 2023