Tag: judgement

  • S Africa to appeal judgement by UAE court on extradition of Gupta brothers

    S Africa to appeal judgement by UAE court on extradition of Gupta brothers

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    Johannesburg: South Africa will appeal the decision by a court of the United Arab Emirates (UAE) to decline the extradition of the Indian-origin Gupta brothers to be tried in the country for fraud and money laundering, said Minister of Justice and Correctional Services Ronald Lamola.

    Lamola made the remarks on Friday at a virtual media briefing on updates about the extradition of Rajesh and Atul Gupta, reports Xinhua news agency.

    The brothers are also accused of influencing former President Jacob Zuma to appoint individuals to certain cabinet and government posts to facilitate corruption.

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    The extradition was denied by a UAE court on February 13, and South Africa was informed on April 5, according to the Minister.

    “The reasons provided for denying our request are of a technical nature and fly in the face of the assurances given by Emirati authorities that our requests meet their requirements,” said Lamola.

    “This approach is inconsistent with Article 17 of the UN Convention Against Corruption, to which both nations are a signatory. Article 17 places a clear requirement on state parties to obtain clarity on a specific matter before refusing an extradition request.”

    The UAE court ruled that the arrest warrant relating to fraud was cancelled, Lamola said.

    On the charge of money laundering, the UAE court ruled the crime in question was alleged to have been committed in the country and South Africa, and they have the jurisdiction to prosecute that, according to Lamola, who added that his government would appeal against the decision.

    (Except for the headline, the 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 )

  • Delhi HC to pronounce judgement on petitions challenging Agnipath scheme on Feb 27

    Delhi HC to pronounce judgement on petitions challenging Agnipath scheme on Feb 27

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    New Delhi: The Delhi High Court on Friday said that it will pronounce its judgment on February 27 on three batches of pleas challenging the Centre’s Agnipath Scheme for recruitment in the armed forces.

    Batches of petitions have been filed challenging the scheme, its recruitment process, and appointment of candidates.

    The scheme, meant to recruit youth into the Indian Army for four years, will only keep 25 percent of the selected candidates after this period.

    A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad had reserved its order on December 15.

    The court had asked the lawyers to place on record their written submissions before vacations.

    The Centre had said that they will file an affidavit on role, responsibilities, and hierarchy of the Agniveers.

    The HC on December 14 questioned the Central government’s decision for different pay scale for Agniveers and regular sepoys (soldiers) in the Indian Army if their scope of work is the same.

    Representing the Centre, Additional Solicitor General Aishwarya Bhati had said that Agniveer is a different cadre from the regular one.

    In response, the same division bench had said: “Different cadre does not answer job profile, the question is work and responsibility.”

    “If the job profile is the same, then how do you justify different pay? A lot will depend on the job profile. Get instructions on this and put it on an affidavit,” the HC had added.

    Bhati had said that terms, conditions, and responsibilities of Agniveers are different from that of soldiers.

    “Agniveer cadre has been created as a separate cadre. It will not be counted as a regular service. After serving as an Agniveer for four years, if he or she volunteers and is found fit, then his journey in the regular cadre begins,” she had submitted.

    The Centre had said that this scheme was not hastily formulated, but with much study to enhance the morale of the youth and also skill mapping of Agniveers.

    The ASG had said that a lot has gone during the past two years into taking this decision like numerous internal and external consultations, several meetings and consultations have also been held with the stakeholders.

    Bhati had also argued that as Indian armed forces are the most professional armed forces in the world, they should be given much bigger leeway when they are taking such big policy decisions.

    With dozens of petitions being filed on the scheme, its introduction led to people protesting countrywide.

    Petitions were filed challenging the scheme, its recruitment process and appointment of candidates.

    With the scheme envisaging that only 25 per cent of the selected candidates will be retained, petitioners claimed that the rest 75 per cent candidates will be left jobless after four years and there is no plan B for them.

    “In six months, I have to develop physical endurance and learn to use these weapons. Six months is a very short time. We are going to compromise national security,” one of the petitioners who appeared had argued on December 12.

    Arguments were also raised about whether the four-year term that Agniveers serve, will be counted in their overall service once a quarter of them are commissioned into the forces.

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    ( With inputs from www.siasat.com )