Tag: criminal

Ex-US President Donald Trump arrives in NY to face criminal charges

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New York: Former US President Donald Trump has arrived here to face arraignment in a Manhattan court on charges related to paying hush money to a porn star during his 2016 presidential campaign.
Trump, 76, flew to New York City in his Boeing 757 aircraft from his Mar-a-Lago home on Monday and arrived at the La Guardia airport around 3 pm EST (12.30 am IST).
His motorcade then made its way to the Trump Tower on 5th Avenue in Manhattan where he will stay for the night. Streets around the high-end Trump Tower have been cordoned off, with heavy police presence in and around the area.

The former President waved at scores of his supporters as he came out from the SUV and was escorted immediately inside the building.
Trump, the first former US president to face a criminal charge, will appear before Judge Juan Merchan at 2.15 pm EST (11.45 pm IST) on Tuesday.
American media has quoted Trump’s attorneys as saying that the former president will plead not guilty. After his court appearance, Trump will immediately fly back to Florida where he will deliver remarks at Mar-a-Lago in Palm Beach in the evening.
The arraignment proceeding is expected to be brief. The charges in the indictment will be read to him at the hearing, which is set to last about 10-15 minutes. Trump has denied all wrongdoings in connection with the payments made to Stormy Daniels, 44, ahead of the 2016 presidential election.
The indictment comes as Trump faces legal hurdles in other potential criminal cases. Trump is currently the front-runner among all declared and potential contenders for the 2024 Republican White House nomination. But there is nothing in the US law that prevents a candidate, who is found guilty of a crime, from campaigning for and serving as President — even from prison.

Trump was twice impeached by the House of Representatives. He was acquitted by the Senate both times.
Trump and his aides are using the indictment to rile up his supporters and bolster his 2024 re-election campaign.
“It’s hard to believe that I will be ARRESTED tomorrow as a result of the most disgraceful witch hunt in our nation’s history,” a Trump Campaign mail titled Tomorrow, I will be arrested’ said, as it urged voters to make a “contribution” to his campaign given that the “fate of our Republic” is “on the line”.
Trump’s team claimed that he has “raised over USD 4 million” in the 24 hours following Manhattan District Attorney Alvin Bragg’s “unprecedented political persecution of the President, and blatant interference in the 2024 election against the leading Republican presidential candidate”.
Another Trump Campaign email said that November 5, 2024 “will no longer just be an Election Day. It will be our Vindication Day. When we win, it will be a vindication for our movement but also a vindication for America”.
President Joe Biden, who was travelling to Minnesota, refrained from commenting on the legal battle that his predecessor is facing. Talking to reporters in Minneapolis, he exuded confidence that law and order would be maintained in New York City.
“I have faith in the New York Police Department,” he said.
“The president is focused on delivering for the American people. That’s what he wakes up and thinks about each day. We’re on our way to Minnesota where we’ll talk about the Invest in America tour,” Olivia Dalton, White House Deputy Press Secretary, told reporters during an Air Force One gaggle.
“He’s also talking about all the ways in which they’ve created an ecosystem for the private sector to invest in America as well,” Dalton said in response to a question.
Last week, Trump had exuded confidence that he would win “this battle” as well as the 2024 presidential elections.
“When this election is over, I will be the president of the United States, you will be vindicated and proud, and the thugs and criminals who are corrupting our justice system will be defeated, discredited, and totally disgraced,” Trump had said.
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#ExUS #President #Donald #Trump #arrives #face #criminal #charges
( With inputs from www.siasat.com )

April 4, 2023
Most Americans think criminal charges should disqualify Trump from running again: poll

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And while 55 percent of respondents think Manhattan District Attorney Alvin Bragg is probing Trump for “serious” claims related to a 2016 hush money payment to a porn star, 60 percent believe the case is politically motivated. Only about a third of those surveyed believe the probe is being motivated by the law.
Trump has repeatedly blasted Bragg, a Democrat, for waging a so-called political witch-hunt aimed at stymying his chances for re-election.
POLITICO first reported Wednesday that the grand jury hearing evidence in Bragg’s investigation is expected to take a month-long break from the case.
Manhattan prosecutors are investigating Trump’s alleged role in a hush-money payment made to adult entertainer Stormy Daniels. The payment came during the height of his 2016 presidential campaign in order to prevent Daniels from publicizing an alleged affair with Trump. He has denied the affair and any wrongdoing in connection with the payment.
The probe is just one of several ongoing state and federal investigations into Trump.
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#Americans #criminal #charges #disqualify #Trump #running #poll
( With inputs from : www.politico.com )

March 29, 2023
SC refuses to stay conviction of Abdullah Azam Khan in criminal case, seeks UP’s reply

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New Delhi: The Supreme Court on Wednesday refused to stay the conviction and sentence of senior Samajwadi Party (SP) leader Azam Khan’s son Abdullah Azam Khan in a 15-year-old case without hearing the state.
A bench of justices KM Joseph and BV Nagarathna asked senior advocate Vivek Tankha and advocate Sumeer Sodhi to serve the copy of the petition to the standing counsel of Uttar Pradesh government and posted the matter for further hearing on April 5.
Tankha said Khan was a juvenile at the time of offence and hence his conviction and sentence be stayed.
“Sorry, for that we will have to hear the state also,” the bench said.
During the hearing, Tankha said Khan was juvenile at the time of incident and the high court has erred in not staying the session court’s order.
In his plea filed through Sodhi, Khan said he has challenged the order of Allahabad High Court dated March 17 by which it had asked the state to respond to the appeal in three weeks.
“The high court failed to appreciate the fact that if the application is not decided expeditiously then the same would be rendered infructuous and the petitioner would suffer irreparable harm which no court of competent jurisdiction would be able to undo even if the application is decided in favour of the petitioner,” it said.
Giving the detail of the case, he said the trial court had on February 13, convicted him for offences punishable under section 353 and 341 of IPC and other offences and sentenced him to undergo two years of simple imprisonment with a fine of Rs 2,000.

He said subsequent to the order of the trial court, the Uttar Pradesh Legislative Assembly secretariat on February 15, notified that Suar constituency of Rampur district of Uttar Pradesh has become vacant with effect from February 13.
Khan said he appealed the verdict of the trial court before additional sessions judge Rampur and also filed an application for stay of conviction and sentence but the court on February 28 dismissed the plea and application.
He said that on the same day he approached the high court against the order of the sessions court but the high court on March 17, granted a time period of three weeks to the state government to respond to his plea.
“In a nutshell, the case of the SLP petitioner before this court is that the impugned order passed by the high court is bad in law as the said order is passed without taking into account the urgent requirement of the issues involved in the application preferred by the petitioner,” the plea said.
Khan said that non-adjudication of his application in a time bound manner would render the same infructuous and therefore it is imperative that the high court considers the application as soon as possible, given the potential consequences of the conviction and sentence, which may include re-election on his assembly seat in the assembly.
“The petitioner believes that during the pendency of the application before the high court, by-election to the Rampur constituency would be announced. The petitioner is concerned that if such an announcement is made and thereafter, the high court passes a stay order the same would be rendered moot due to the announcement of the by-elections,” his plea said.
Khan said his conviction is legally unsustainable as he was a minor when the offence was committed.
“There are judicial orders to the effect that the date of birth of the petitioner is January 1, 1993, hence the petitioner was merely 15 years old at the time of commission of the offence in question. Accordingly, the entire trial proceedings are flawed,” he said.
The FIR against Khan, Azam and seven others was lodged in 2008.
Khan had sat on dharna on a state highway on January 29, 2008 as their cavalcade was stopped by police for checking in the wake of an attack on a Central Reserve Police Force (CRPF) camp in Rampur in Uttar Pradesh on December 31, 2007.
The FIR was lodged at the Chhajlait police station.
While Khan and Azam were sentenced to two years in jail under section 353 (criminal force to deter public servant from discharge of his duty) and other provisions of the Indian Penal Code (IPC), the seven other accused were exonerated.
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#refuses #stay #conviction #Abdullah #Azam #Khan #criminal #case #seeks #UPs #reply
( With inputs from www.siasat.com )

March 29, 2023
SC asks Centre, states to take steps to unclutter jails to clean criminal justice system

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New Delhi: The Supreme Court asked the Centre and the states on Tuesday to take effective steps to “unclutter” jails as it would eventually lead to the cleansing of the criminal justice system.
“Everybody talks about the cluttering of jails in the country and the people from socially weaker sections are languishing in jail. Some thought process we wanted from the government … by taking steps, you not only unclutter jails but you will unclutter the criminal justice system in the country,” a bench comprising Justices Sanjay Kishan Kaul, Ahsanuddin Amanullah and Aravind Kumar said.
The bench, which was hearing a 2021 suo motu (on its own) case on the “Policy Strategy for Grant of Bail”, made the observations after amicus curiae (friend of court) Gaurav Agrawal referred to the data on issues such as non-release of undertrial prisoners (UTPs) and convicts despite being granted bail, their premature release and the status of plea bargaining in the country.
On the issue of releasing UTPs under the plea-bargaining scheme, where an accused in certain offences accepts the guilt and is let off with a minor punishment, the bench expressed concern and said, “Keeping in mind the celebration of 75 years of independence, if these matters (of the accused) can be identified and released considering the pendency of the cases, it would be worth experimenting.”
The amicus curiae referred to a written note and said more than 5,000 accused and convicts were identified till December 31 last year, who were not released despite being granted bail.
He said, “5,362 such prisoners were identified till December 31, 2022 and 2,129 were released till March 13 this year. Around 600 people could not be released due to the pendency of multiple cases against them. In some cases, the modification of the orders has been sought. And about 2,000 cases are still pending.”
The bench also raised the issue of software and said there has to be a “better ability” on the part of jail authorities to put data in the public domain and the National Informatics Centre (NIC) has to play a proactive role in training them.
“We understand that there is a system used in Gujarat, which is named ‘Email My Case Status’. We have requested the amicus to look into that aspect, if it can be successfully used for other states,” it said.

The amicus curiae also referred to the status of plea bargaining, compounding of offences and probation in various states.
He said in the last two months, 1,428 cases of plea bargaining were dealt with.
Earlier, the National Legal Services Authority (NALSA) had told the Supreme Court that according to recent data, about 5,000 UTPs were in jails despite being granted bail and 1,417 of them have now been released.
In a report filed in the apex court, the NALSA said it was in the process of creating a “master data” of all such UTPs who are unable to furnish surety or bail bonds due to poverty, including the reasons for their non-release from prison.
The top court had earlier flagged the issue of UTPs who continue to be in custody despite being granted bail on account of their inability to fulfil the conditions for the relief.
It had asked the states to issue directions to jail authorities to give the details of such UTPs to the NALSA, which will process it for making necessary suggestions on how to deal with the issue and provide legal assistance wherever necessary.
In the report, the NALSA had sought several directions from the apex court, including to the effect that a court that grants bail to an UTP or a convict would be required to send a copy of the order to the prisoner through the jail superintendent on the same day or the next day.
It had further sought a direction that the DLSA secretary, with a view to find out about the economic condition of an accused, may take the help of probation officers or paralegal volunteers to prepare a report on his socio-economic conditions, which may be placed before the court concerned with a request to relax the conditions of bail or surety.
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#asks #Centre #states #steps #unclutter #jails #clean #criminal #justice #system
( With inputs from www.siasat.com )

March 28, 2023
DeSantis cleans up earlier Ukraine comments, calls Putin a ‘war criminal’

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But during an interview with Morgan set to air this week, DeSantis called Putin a “a gas station with a bunch of nuclear weapons,” repeating a similar line he had used in early March to describe the Russian leader. Both lines echoed a 2014 quip from then-Sen. John McCain (R-Ariz.) in which he said, “Russia is a gas station masquerading as a country.”
“I think [Putin’s] hostile to the United States, but I think the thing that we’ve seen is he doesn’t have the conventional capability to realize his ambitions,” DeSantis said, according to Fox News. “And so, he’s basically a gas station with a bunch of nuclear weapons and one of the things we could be doing better is utilizing our own energy resources in the U.S.”
DeSantis, who is widely expected to jump into the 2024 presidential race after Florida’s Legislative sessions in May, has faced increasing attacks from Donald Trump and other Republicans for his comments on Ukraine and his perceived disloyalty to the former president, who declared in November that he’s running for president.
Trump supporters have also targeted DeSantis after the governor said he wouldn’t intervene in Trump’s likely indictment in connection with hush money payments made to porn star Stormy Daniels. Under Florida law, DeSantis could intervene in any extradition attempt if it is disputed.
“I’ve got real issues I’ve got to deal with here in the state of Florida,” DeSantis said earlier this week during a press conference. “We’re not getting involved in it in any way.”
His comments to Morgan, however, represent a pivot of sorts for DeSantis, who until this week only mildly pushed back against Trump’s repeated criticism on Truth Social and elsewhere.
In a portion of the Morgan interview, DeSantis said that “you can call me whatever you want, just as long as you also call me a winner” in response to Trump calling the Florida governor “Ron DeSanctimonious.”
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#DeSantis #cleans #earlier #Ukraine #comments #calls #Putin #war #criminal
( With inputs from : www.politico.com )

March 23, 2023
Moscow opens criminal case against ICC over Putin warrant

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Moscow: The International Criminal Court (ICC) prosecutor and judges, who issued an arrest warrant against Russian President Vladimir Putin, have become the targets of a criminal case, Russias Investigative Committee announced on Monday, according to a media report.
In a Telegram post, the committee said that it has opened cases against ICC prosecutor Karim Ahmad Khan, as well as judges Tomoko Akane, Rosario Salvatore Aitala and Sergio Gerardo Ugalde Godinez, RT reported.
Khan had sent a petition on February 22 to the ICC Pre-Trial Chamber to obtain warrants for the arrest of Putin and Russia’s Commissioner for Children’s Rights, Maria Lvova-Belova, whom he accused of being responsible for the “illegal deportation of children from Ukraine”.
The petition was approved by the aforementioned judges, RT reported.
Russia’s investigative committee has described the ICC prosecutions as “obviously illegal, since there are no grounds for criminal liability”. It also pointed to the 1973 UN Protection of Diplomats Convention, which grants heads of states absolute immunity from the jurisdiction of foreign countries.
The committee considers Khan’s actions a crime under Russian law for “knowingly bringing an innocent person to criminal liability, combined with unlawfully accusing a person of committing a grave or especially grave crime”.
He is also charged with preparing an attack on a representative of a foreign state “with the intention of complicating international relations”, RT reported.
The three judges are being accused of attacking a foreign state representative as well as attempting a “deliberately unlawful detention”.

Russia has disregarded the ICC warrant as having no legal basis, with ex-President Dmitry Medvedev suggesting that it was a sign of the collapse of international law. He also described the ICC as “s**tty and wanted by nobody” and said it had a poor record of holding high-profile suspects accountable, explicit pro-Western bias and had failed to investigate US war crimes in Afghanistan and Iraq, RT reported.
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#Moscow #opens #criminal #case #ICC #Putin #warrant
( With inputs from www.siasat.com )

March 20, 2023
SC quashes criminal proceedings against doctor accused of stocking medicines for sale

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New Delhi: The Supreme Court on Wednesday quashed criminal proceedings against a doctor accused of stocking medicines for sale, saying the “extremely small” quantity of medicines which was seized can easily be found in the house or consultation room of a medical practitioner.
The apex court observed that considering the small quantity of medicines, most of which were in the category of lotions and ointments, it cannot be said by any stretch of imagination that they could be stocked for sale.
It noted that the appellant is a senior doctor who is engaged as an associate professor and head of the dermatology department in a government medical college in Chennai.
“When small quantity of medicine has been found in the premises of a registered medical practitioner, it would not amount to selling their medicines across the counter in an open shop,” a bench of Justices Krishna Murari and Sudhanshu Dhulia said.
The bench delivered its verdict on a plea filed by the doctor against a June 2022 order of the Madras High Court which had dismissed her petition seeking quashing of criminal proceedings.
The top court observed it is permissible for her under the law to practise medicine when she is not performing her official duties.
It noted that the doctor, in her individual and independent capacity, was carrying on her medical practice at a premises in Chennai and an inspection was made there by the drugs inspector in March 2016.
The bench further noted that as per the inspection report, the drugs inspector found some medicines like lotions and ointment in the inner room of her premises and he had also referred to certain sale bills of medicines.

The bench noted the drugs inspector thereafter moved an application for obtaining sanction from the office of the Director of Drugs Control, Tamil Nadu, which was given in January 2018 and consequently, a complaint was filed before a court for prosecuting her under section 18(c) of the Drugs and Cosmetics Act, 1940.
It said the prohibition under section 18(c) of the Act is on the manufacturing, distribution, stocking or exhibition of medicines for the purpose of sale.
“The charge in the present case is that the appellant (doctor) had ‘stocked’ medicines for ‘sale’. The entire emphasis is on ‘sale’ of these medicines,” the bench noted.
It said what the director of drugs control and the high court lost sight of is the fact that she is a registered medical practitioner and her area of specialisation being dermatology.
“It is not a case that she had opened a shop in her premises from where she was selling drugs and cosmetics across the counter! It is possible that she was distributing these drugs to her patients for emergency uses and thus she is protected by the Act itself,” the apex court said.
The bench observed it is not the case of the prosecution that she was selling drugs from an open shop across the counter.
“But given the facts and circumstances of the case and considering that the appellant is a registered medical practitioner, along with the fact that the quantity of medicines which have been seized is extremely small, a quantity which can be easily found in the house or a consultation room of a doctor, in our considered view no offence is made out in the present case,” it said.
The bench noted that the search was carried out in March 2016 and the sanction for prosecution was sought in September 2016.
It said the sanction was given in January 2018 and there is no explanation given for this delay in getting the approval.
“The sanction for prosecution given in the present case appears, prima facie, to suffer from the vice of non -application of mind. There is no reference to any of the documents, evidence or the submissions submitted by either of the parties, no reasons assigned or even an explanation pertaining to the delay which indicates it has been passed in a mechanical manner,” the bench said.
While allowing the appeal, it set aside the order of the high court and quashed the criminal proceedings in the case.
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#quashes #criminal #proceedings #doctor #accused #stocking #medicines #sale
( With inputs from www.siasat.com )

March 15, 2023
House Republicans are working on setting up a trip to visit individuals jailed for alleged criminal behavior on Jan. 6.

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House Republicans are working on setting up a trip to visit individuals jailed for alleged criminal behavior on Jan. 6.

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#House #Republicans #working #setting #trip #visit #individuals #jailed #alleged #criminal #behavior #Jan
( With inputs from : www.politico.com )

March 7, 2023
D.C. Council attempts to pull criminal code revisions before looming Senate vote

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Democratic D.C. Council Chair Phil Mendelson said at a press conference he had withdrawn the passed changes to D.C.’s criminal code. President Joe Biden said last week he would not veto a congressional resolution axing the updates, after the House passed a measure last month that would overturn the changes and the Senate is expected to clear that legislation this week. The measure only requires a simple Senate majority to pass, and a number of Democratic senators have indicated they would vote for it.
“It’s clear that Congress is intending to override that legislation,” Mendelson told reporters.
Whether he can do so is up for debate, however. Asked if the city council had withdrawn a bill before, Mendelson said “I have not found precedent” for doing so but argued there was no provision in the law against him pulling it back either.
“There’s no prohibition on what I’m doing,” he said.
It was not yet immediately clear if the D.C. Council could call back the legislation, which many in Congress have characterized as a “soft on crime” approach. Democratic D.C. Mayor Muriel Bowser had vetoed the bill, saying it would not make the city safer, but the council overrode that veto.
“The messaging got out of our control, and that the messaging got picked up by Republicans who wanted to make a campaign out of it for next year against Democrats,” Mendelson said.
The House on Feb. 9 voted 250-173 to overturn the move by D.C.’s government to revise its criminal code, with 31 House Democrats joining Republicans. A Senate vote is expected this week.
“If the Republicans want to proceed with a vote, it will be a hollow vote because it really isn’t there before them,” Mendelson argued.

Mendelson said the congressional action would not affect how D.C. approaches city issues.
“I don’t plan on doing a gut check. Let’s be clear, I don’t plan on installing a hotline to Republican leadership in the House in the Senate and calling them every week and asking for permission to move forward,” Mendelson said.
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#D.C #Council #attempts #pull #criminal #code #revisions #looming #Senate #vote
( With inputs from : www.politico.com )

March 6, 2023
SC to consider whether state HRC can examine criminal medical negligence

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New Delhi: The Supreme Court has agreed to consider whether a State Human Rights Commission has the power to examine a case of criminal medical negligence when a contrary view has been taken by the National Human Rights Commission (NHRC).
A bench of Justices Hrishikesh Roy and Sanjay Karol was hearing a matter filed by IVF doctor Roya Rozati from Telangana.
The bench noted that the petitioner is charged with medical negligence and her contention is whether the State Human Rights Commission has the power to examine a case of criminal medical negligence when a contrary view in favour of the petitioner was taken by the NHRC.
The top court noted the view taken by NHRC by an order passed on March 29, 2016.
The NHRC had said: “Direction issued by the Commission: This case pertains to allegations of medical negligence by a private nursing home. Since to public servant is involved in this case the matter is dismissed in limine. The file be sent to SB-II after issuing the letter. Action taken: Dismissed in limine (dated 3/29/2016). Status on 5.17.2016: Dismissed.”
The top courtA posted the matter for further hearing after four weeks, and directed pleadings to be completed in the meanwhile.
The medical practitioner has been charged with criminal medical negligence for administering fertility related drugs to a patient who was suffering from tuberculosis and ultimately, these proved to be fatal to her. The matter was referred to the NHRC which refused to interfere stating that no public servant is involved. However, the State Human Rights Commission issued notice to Rozati and sought documents from her.
Advocate Namit Saxena, appearing for Rozati, argued that there is a statutory bar under section 21 of the Protection of Human Rights Act that once the NHRC or any other state human rights commission adjudicates upon a complaint, no other state human rights commission can examine the same.

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#state #HRC #examine #criminal #medical #negligence
( With inputs from www.siasat.com )

February 22, 2023