Tag: interim

Excise policy case: Delhi HC adjourns hearing on Sisodia’s interim bail plea to May 10

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New Delhi: The Delhi High Court on Thursday adjourned the hearing on former Delhi Deputy CM Manish Sisodia’s interim bail plea in the 2021-22 excise policy case being probed by the Central Bureau of Investigation (CBI) to May 10.
Appearing for the probe agency, Additional Solicitor General (ASG) S.V. Raju submitted before the bench of Justice Dinesh Kumar Sharma that “the change from 5 percent to 12 percent in the interest rate was made to get the kickback money. He (Sisodia) made the policy in such a way that guaranteed return in form of kickbacks came”.
“Sisodia concealed legal experts’ opinion given by eminent personalities as well. He hadn’t mentioned it anywhere. It was ignored completely. They (members of AAP) did not include it in the policy,” the ASG added.

He also said that there was a draft note prepared by a person named Rahul Singh on the instance of Manish Sisodia, which can be proved from their WhatsApp chats.
“The original is missing. Only a part of the draft has been retrieved from the phones,” he said.
Taking note of the submission, the judge adjourned the matter for further submissions to May 10.
Notably, Sisodia had moved the high court on Wednesday seeking interim bail in the case on the ground of his wife’s illness.
Earlier on Thursday, the high court had sought the Enforcement Directorate’s (ED) response on Sisodia’s bail plea in the same case.

Last week, Special Judge M.K. Nagpal of the Rouse Avenue Court had extended Sisodia’s judicial custody till May 12.
The court had also directed the CBI to supply an e-copy of the supplementary charge sheet to Sisodia.
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#Excise #policy #case #Delhi #adjourns #hearing #Sisodias #interim #bail #plea
( With inputs from www.siasat.com )

May 4, 2023
Defamation case: No interim relief for Rahul as Guj HC reserves order on revision plea

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Ahmedabad: The Gujarat High Court on Tuesday reserved its orders in the revision plea filed by Congress leader Rahul Gandhi in connection with his conviction in a defamation case that subsequently led to his disqualification as a Member of Parliament.
Rahul Gandhi had appealed to the Gujarat High Court for an interim stay of his conviction until the court pronounced its order on his petition.
However, the single judge hearing the case, Justice Hemant Prachchhak, has postponed his decision until after the summer vacation, which ends on June 4.

On April 29, Rahul Gandhi’s lawyer — Abhishek Manu Singhvi, also a Congress leader, argued in the court that his client had not committed any heinous crime or an offence involving moral turpitude, which are the two tests for denying suspension of conviction.
The case stems from a 2019 rally in Kolar, Karnataka, where Rahul Gandhi had said, “Nirav Modi, Lalit Modi, Narendra Modi. How come all the thieves have ‘Modi’ as a common surname?”
This remark led to a criminal defamation case being filed against him by Surat BJP legislator, Purnesh Modi.
Gandhi had been sentenced to two years in jail by a Surat court, leading to his disqualification as a Member of Parliament.
During the previous hearing, Justice Prachchhak had emphasised that Rahul Gandhi, being an elected representative of the people, should have been more cautious while making statements.

Singhvi had argued that the maximum punishment for a bailable, non-cognizable offence of two years could result in his disqualification, leading to a “very serious additional irreversible consequence to the person and the constituency he represents”.
Earlier this year, the Sessions Court in Surat had dismissed Rahul Gandhi’s plea seeking suspension of his conviction by the Magistrate court, stating that his disqualification would not result in an irreversible loss to him.
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#Defamation #case #interim #relief #Rahul #Guj #reserves #order #revision #plea
( With inputs from www.siasat.com )

May 2, 2023
Pak court grants Imran Khan interim bail till May 4 in three cases

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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.
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#Pak #court #grants #Imran #Khan #interim #bail #cases
( With inputs from www.siasat.com )

April 13, 2023
Bombay HC grants interim relief to Anil Ambani in IT case under Black Money Act

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The Bombay High Court ordered the Income Tax Department on Friday not to take any action regarding the penalty notices issued against Anil Ambani, the chairman of Reliance (ADA) Group till March 17, in connection with the income tax proceedings started against him.
The order was passed in response to a petition Ambani filed in which he contested a show-cause notice sent to him under the 2015 Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act.
On September 26, 2022, a co-ordinate bench of the High Court granted Ambani ad-interim relief from any coercive action over the show cause notice.
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#Bombay #grants #interim #relief #Anil #Ambani #case #Black #Money #Act
( With inputs from www.siasat.com )

March 10, 2023
Morbi bridge collapse: Oreva Group MD denied interim bail

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Morbi: A court on Tuesday rejected jailed Oreva Group managing director Jaysukh Patel’s plea for interim bail, which he had sought to complete the formalities to pay compensation to the victims of last year’s collapse of a suspension bridge in Gujarat’s Morbi town, in which 135 people were killed.
The court of principal district and sessions judge P C Joshi here dismissed Patel’s interim bail plea, which was opposed by both the state government and family members of the victims.
The Ahmedabad-headquartered Oreva Group was responsible for the operation and maintenance of the ill-fated British-era bridge on the Machchhu river, which collapsed on October 30 last year, killing 135 persons and injuring 56 others.
Patel, one of the 10 accused arrested in the case, had filed a plea seeking temporary release from jail for 15 to 20 days to complete the formalities required to pay compensation to the families of the deceased and those injured in the crash as per the Gujarat High Court’s February 22 order.
The high court had directed the company to pay Rs 10 lakh as interim compensation to the kin of each deceased and Rs 2 lakh to each injured within four weeks.
During arguments in the sessions court last week, the state government had opposed Patel’s plea and said the company itself came forward with the offer to pay compensation to the victims, and it should be assumed it was ready with the financial arrangement required for the payment.
The government also submitted that the high court’s direction on compensation was for the Oreva Group and not its promoters, and the company has continued to operate even when Patel was jailed.
The lawyer for the families of the victims stated that if released on bail, the businessman may try to influence witnesses of the case.

The Oreva Group had made an offer before the high court to pay an ‘interim’ compensation totaling Rs 5 crore to the kin of those who lost their lives and those injured in the collapse.
The 10 accused arrested in the case are currently lodged in Morbi sub- jail under judicial custody.
Patel, who was shown as an accused in a chargesheet filed by the police, had been absconding for three months and surrendered before a court on January 31.
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#Morbi #bridge #collapse #Oreva #Group #denied #interim #bail
( With inputs from www.siasat.com )

March 7, 2023
Pak probe agency accuses Imran of misusing interim bail

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Islamabad: Pakistans Federal Investigation Agency (FIA) on Saturday accused PTI Chairman Imran Khan of “misusing” his interim bail to skip court hearings as it petitioned a banking court hearing his prohibited funding case to form a medical board to examine the former Prime Minister, media reports said.
The FIA had in October 2022 booked Khan and other PTI leaders in connection with their party allegedly receiving prohibited funding, Dawn reported.
The case was filed by the state through FIA’s Corporate Banking Circle in Islamabad.
Later, a special court in Islamabad had granted him an interim bail, in which he kept getting an extension on medical grounds, after he received bullet wounds in an assassination bid at a rally in Wazirabad on Nov 3 last year, Dawn reported.
In a fresh application filed with Islamabad’s banking court today, the FIA said a bail application filed by Imran was pending before the court.
“After getting an interim bail, the accused is misusing the concession and not appearing before this honourable court and in fact, he is not cooperating with the process of law and till date, neither he joined the investigation nor he is appearing before the court on one pretext or the other,” the agency said, Dawn reported.
It also said that a “stereotype medical certificate” was being presented from a cancer hospital, “although the petitioner alleges he has issues related to orthopedic”.
The FIA pointed out that the medical report presented by Khan was issued by a hospital which was owned by him, “thus the said reports are otherwise not credible”, Dawn reported.

The agency said, “The principles of fair play and justice requires that the accused is to be examined by the board of expert doctors on the subject from PIMS or polyclinic and if their reports can be entertained.”
“It is respectfully prayed that order of the constitution of a medical board and examination of accused may graciously be passed and said board may kindly be directed to submit report qua physical health or mobility of accused in the light of injuries claimed by him on his leg in the best interest of justice,” the FIA said in its prayer to the court.
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#Pak #probe #agency #accuses #Imran #misusing #interim #bail
( With inputs from www.siasat.com )

February 25, 2023
SC imposes interim stay on demolition order passed by Calcutta HC

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New Delhi: The Supreme Court on Saturday imposed an interim stay on a February 3 order of the Calcutta High Court order directing the demolition of a building.
In a special hearing, a bench of justices V Ramasubramanian and Hrishikesh Roy issued a notice in the matter and sought a response from the parties.
Senior advocate Siddhartha Dave, appearing for petitioners, contended that the impugned order directing demolition of the building has been passed in a contempt case which is pending, and the petitioners are yet to be found guilty.
“It is also contended that in the event of the court carrying out the demolition now and eventually finding the petitioners not guilty of contempt, there must be one more restitution which is not permissible in law.
“In view of the above, issue notice returnable on March 14, 2023. There will be an interim suspension of the impugned order till the next date of hearing,” the bench said.
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#imposes #interim #stay #demolition #order #passed #Calcutta

( With inputs from www.siasat.com )

February 4, 2023