Tag: Order

Kerala HC quashes Guv’s order withdrawing 15 senate members

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Kochi: In a huge set back to Governor Arif Mohammed Khan, the Kerala High Court on Friday quashed his order which withdrew 15 nominated senate members to the University of Kerala.
Khan, who is also the chancellor of universities in the state, took the decision to withdraw in October last year, after the nominated senate members by him refused to heed to his directives.
It was against this order that a few senate members who lost their membership approached the high court and after a long drawn legal battle, the court quashed the order.
Congress spokesperson and former senate member Jyothikumar Chamakala said that this directive from the court was expected.
“The Chancellor (Governor) made a mistake of withdrawing four ex-officio members also, which though nominated by him, he doesn’t have the authority. The remaining 11 members can be Aremoved by him, but he did the mistake of removing all 15. We had pointed this out, then itself,” said Chamakala.
Meanwhile sources close to Khan’s office said they are waiting for the order of the court to see the scope for going for an appeal.
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#Kerala #quashes #Guvs #order #withdrawing #senate #members
( With inputs from www.siasat.com )

March 24, 2023
Allahabad HC reserves order on Atiq’s missing minor sons

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Prayagraj: The Allahabad High Court has reserved its order on a habeas corpus writ petition seeking to know the whereabouts of the two missing minor sons of jailed mafia don Atiq Ahmed.
Atiq’s wife Shaista Parveen had filed the petition alleging that their two minor sons — Ahzan and Aaban — were arrested by the police on February 24 after the killing of Umesh Pal and their whereabouts are not known since then.
Atiq, Shaista, his brother Ashraf and two sons are named as accused in the case.
The order was passed by a division bench comprising Justices Vivek Kumar Birla and Surendra Singh after hearing submissions by counsels for the petitioner and state government.
Appearing on behalf of the petitioner, senior advocate Daya Shankar Mishra argued that the life and liberty of Atiq’s two minor sons are in danger.
Therefore, he requested the court that a direction be issued that they (minors) be produced before the court and set at liberty.
A preliminary objection was raised on behalf of additional advocate general Manish Goyal, who represented the state government, that an application under section 97 of criminal procedure code (CrPC) was already pending before the CJM Allahabad and hence the habeas corpus writ petition was not maintainable.

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#Allahabad #reserves #order #Atiqs #missing #minor #sons
( With inputs from www.siasat.com )

March 24, 2023
Govt is examining SC order on appointment of ECs, CEC: Kiren Rijiju

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New Delhi: Responding to a question asked by a Congress MP whether the Government has any plans to enact a law for the appointment of Election Commissioners (ECs) and the Chief Election Commissioner (CEC) to conduct free and fair elections, Law Minister Kiren Rijiju said that the government is examining the judgement of the Supreme Court and will take appropriate action.
Congress Rajya Sabha MP Mukul Wasnik asked Union Law Minister Kiren Rijiju whether the Government has any plans to enact a law for the appointment of Election Commissioners (ECs) and the Chief Election Commissioner (CEC) that will ensure the integrity of the Election Commission of India for the conduct of free and fair elections.
In the written reply to Wasnik, Union Minister Kiren Rijiju further said, “Recently, in Writ Petition (Civil) No.104 of 2015, Anoop Baranwal vs Union of India, with Writ Petition (Civil) No.1043 of 2017, 569 of 2021 and 998 of 2022, the Supreme Court of India has inter alia held in its judgment dated March 2, 2023, that until the Parliament makes a law in consonance with Article 342(2) of the Constitution the appointment of the Chief Election Commissioner and the Election Commissioners shall be made on the recommendations made by a three-member Committee comprising the Prime Minister, Leader of the Opposition of the Lok Sabha and in case no Leader of Opposition is available, the Leader of the largest opposition party in the Lok Sabha in terms of numerical strength and the Chief Justice of India.”
Highlighting that the Election Commission of India is a permanent constitutional body established in accordance with Article 324(1) and Article 324 (2) of the Constitution of India.
The Union Minister said, “Election Commission shall consist of the Chief Election Commissioner and such number of Election Commissioners, if any, as the President may from time to time fix and that the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President.”
“Originally, the Commission was headed by the lone Chief Election Commissioner. In order to ensure transparency in the working of the Commission and for the conduct of free and fair elections in the country, the government appointed two additional Commissioners in October 1989, who continued only till January 1990. Later, on 1st October 1993, two Election Commissioners were appointed and the concept of present-day multi-member Commission has been in vogue since then,” he added.
No specific law has been made by the Parliament as envisaged under Article 324 (2) of the Constitution of India for the appointment of Chief Election Commissioner and the Election Commissioners, Rijiju further elaborated further.
“According to Rule 8 of the Government of India (Transaction of Business) Rules, 1961 read with Sl. No. 22 of the Third Schedule to the said Rules, the appointment of the Chief Election Commissioner and other Election Commissioners requires the approval of the Prime Minister and the President,” the law minister said.

“So far the senior members of Civil Service and/or other serving or retired officers of the rank of Secretary to the Government of India/Chief Secretary of the State Governments are appointed as Election Commissioners and the senior-most among the three Election Commissioners, as Chief Election Commissioner. The appointments to the posts of Chief Election Commissioner and the Election Commissioners are in consonance with the constitutional values that uphold the integrity and credibility of the Commission,” Rijiju said.
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#Govt #examining #order #appointment #ECs #CEC #Kiren #Rijiju
( With inputs from www.siasat.com )

March 24, 2023
Delhi riots: Court rejects police revision petition against separate FIR order

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New Delhi: A court here has dismissed a revision petition filed by the Delhi Police against the order of a magisterial court to register a separate FIR on the basis of a complaint pertaining to the 2020 northeast Delhi riots.
Upholding the order directing the station house officer (SHO) concerned to register a case, the sessions court said that just because there was a flood of complaints, the investigating agency could not make an exception to the mandate of law.
The court also observed that an excess number of complaints cannot be a reason for the clubbing them together unless there was the proximity of time and place showing “continuous action” by the perpetrators in the alleged crime.
The court was hearing the matter wherein the complainant, Mohd Vakil, had moved an application for the registration of a separate case, rather than attaching his complaint in an FIR registered by Karawal Nagar police station, and the magisterial court in November last year had allowed his plea.
Against the magisterial court’s order, the Delhi Police had filed the present revision petition in the sessions court.
“Excess number of complaints cannot be a ground to club all or several complaints without there being the proximity of time and place of the alleged crime, so as to show continuous action of the perpetrators,” Additional Sessions Judge Pulastya Pramachala said in an order passed on Tuesday.
The judge also said there was no “illegality” committed by the magistrate.
The judge noted that complainant Mohd Vakil, a resident of Shiv Vihar, claimed to have been injured by an acid bottle thrown on his house by some rioters on February 25, 2020, and his complaint was clubbed in FIR number 138/20.

This FIR was registered on the complaint of a man called Furkan Ansari, of another lane in the same locality, who had alleged damage to his car and house by rioters during his absence on the same day, the court noted.
The judge also noted that during the proceedings, the prosecution informed that the final report in the FIR was not yet filed and they were about to file an “untrace report” (regarding the offenders remaining untraceable).
“The complainant in a case is conferred with certain legal remedies, in case he is not satisfied with the investigation carried out by the investigating agency and clubbing all complaints of several incidents, in one FIR cannot be termed legal, unless all these complaints on the face of it show the time and place of such incidents to be the same and indicate towards the same perpetrators of the crime i.e, on the basis of continuity of action of the perpetrators,” the judge said.
ASJ Pramachala further said that “just because there was a flood of complaints, investigating agency could not make an exception to the mandate of law”.
The judge said, “I also find that the FIR no. 138/20 cannot be termed as a sufficient step taken on the complaint of the respondent (Mohd Vakil) herein. The place of incident in aforesaid FIR and the place of incident as disclosed in the complaint of the respondent herein were apparently different places.”
He said that even though both incidents were outcomes of riotous acts, still the investigation in both could not be the same.
The judge said that Ansari was not present at his house during the alleged incident, and according to him, the incident occurred at an unknown time and date, while Vakil had claimed to be an eyewitness of the incident, besides mentioning the concrete date and time of the alleged incident.
“The case laws referred by the state are not applicable to the situation involved herein. It is not a case of two versions of the same incident,” the judge said rejecting the arguments of the petitioner (Delhi Police).
According to Delhi Police, the magisterial court had failed to consider that Vakil’s complaint was clubbed in accordance with the law and that Vakil had no grievance against the police regarding the quality of the investigation.
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#Delhi #riots #Court #rejects #police #revision #petition #separate #FIR #order
( With inputs from www.siasat.com )

March 23, 2023
Delhi court reserves order on summons in defamation case by Shekhawat against Raj CM

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New Delhi: A Delhi court on Thursday reserved the order on the point of issuance of summons in a defamation case filed by Union Jal Shakti Minister Gajendra Singh Shekhawat against Rajasthan Chief Minister Ashok Gehlot over the latter’s “misleading statements” against him.
Additional Chief Metropolitan Magistrate Harpreet Singh Jaspal of the Rouse Avenue Court has listed the matter for order on the issuance of summons for Friday after the conclusion of submission and recording of pre-summoning of evidence in the case.
Shekhawat filed a defamation case against Gehlot earlier this month, claiming that the latter made defamatory statements against him in connection with the Sanjivani Credit Cooperative Society scam.
He has said that an investigation was initiated in the case but his name was not mentioned anywhere and demanded prosecution against Gehlot for criminal defamation under the Indian Penal Code (IPC). He has also demanded appropriate financial compensation for the loss of his reputation.
Earlier, the war of words between Gehlot and Shekhawat had intensified over the Sanjivani Credit Cooperative Society scam with the Rajasthan Chief Minister openly declaring the Union Minister “a culprit like the others”.
“The Union Minister is trying to mislead the public in the case of the Sanjivani Cooperative Society Ltd scam. In the investigation of the Special Operation Group (SOG), the crime has been proved against him under the same sections as the other arrested accused.”
Shekhawat had said that Gehlot terming him as an ‘accused’ in the Sanjivani Credit Cooperative Society scam is akin to his “political assassination to settle scores”.
“The SOG presented three chargesheets but there is neither my nor my family’s name anywhere. Still, the Chief Minister called me an accused,” he said.

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#Delhi #court #reserves #order #summons #defamation #case #Shekhawat #Raj
( With inputs from www.siasat.com )

March 23, 2023
Delhi court reserves order on summons in defamation case by Shekhawat against Raj CM

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New Delhi: A Delhi court on Thursday reserved the order on the point of issuance of summons in a defamation case filed by Union Jal Shakti Minister Gajendra Singh Shekhawat against Rajasthan Chief Minister Ashok Gehlot over the latter’s “misleading statements” against him.
Additional Chief Metropolitan Magistrate Harpreet Singh Jaspal of the Rouse Avenue Court has listed the matter for order on the issuance of summons for Friday after the conclusion of submission and recording of pre-summoning of evidence in the case.
Shekhawat filed a defamation case against Gehlot earlier this month, claiming that the latter made defamatory statements against him in connection with the Sanjivani Credit Cooperative Society scam.
He has said that an investigation was initiated in the case but his name was not mentioned anywhere and demanded prosecution against Gehlot for criminal defamation under the Indian Penal Code (IPC). He has also demanded appropriate financial compensation for the loss of his reputation.
Earlier, the war of words between Gehlot and Shekhawat had intensified over the Sanjivani Credit Cooperative Society scam with the Rajasthan Chief Minister openly declaring the Union Minister “a culprit like the others”.
“The Union Minister is trying to mislead the public in the case of the Sanjivani Cooperative Society Ltd scam. In the investigation of the Special Operation Group (SOG), the crime has been proved against him under the same sections as the other arrested accused.”
Shekhawat had said that Gehlot terming him as an ‘accused’ in the Sanjivani Credit Cooperative Society scam is akin to his “political assassination to settle scores”.
“The SOG presented three chargesheets but there is neither my nor my family’s name anywhere. Still, the Chief Minister called me an accused,” he said.

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#Delhi #court #reserves #order #summons #defamation #case #Shekhawat #Raj
( With inputs from www.siasat.com )

March 23, 2023
Karnataka HC quashes ED’s order freezing bank accounts of Amnesty International

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Bengaluru: The Karnataka High Court has quashed a 2018 Enforcement Directorate order of freezing the bank accounts of Amnesty International India Private Limited.
The petition filed by Amnesty International in 2018 was allowed and the notices quashed, the single-judge bench of Justice K S Hemalekha said in its February 24 order. A copy of the judgment was made available recently.
In the judgment, the court said: “On perusal of the provisions of Section 132(8A) of the Act, it is evident that order under Sub-Section (3) of Section 132 of the Income Tax Act would not be in force beyond sixty days from the date of the order. In light of the provisions of Section 132(8A), the impugned notices dated 25.10.2018 have lost their efficacy by efflux of time as the period of sixty days has expired.”
The court, however, said all the contentions are left open to be urged before the appropriate authority in accordance with law.
Calling itself a company “engaged in the business of rendering, research (primary and secondary) and consultancy services regarding human rights”, Amnesty claimed in the petition before the High Court that on October 25, 2018, without any notice to it, a search and seizure was conducted on its premises. Several documents, agreements and mobile phones were scrutinised and confiscated.
Following this, the bank accounts of Amnesty in HDFC Bank and Kotak Mahindra Bank were frozen by a Government Order without any notice to it. This was challenged in the petition before the High Court.
The advocate for Amnesty pointed to the Greenpeace India Society vs Union of India case in which a similar issue was decided. The High Court accepted this contention.
In the Greenpeace case, the NGO sought to quash the order blocking its financial assets which had been frozen by an order of the Ministry of Home Affairs following a bank transfer from another NGO located in Netherlands. The High Court held that the Ministry’s arguments were not satisfactory enough to freeze the financial assets of Greenpeace and ordered that the bank allow the NGO to have access to its accounts.

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#Karnataka #quashes #EDs #order #freezing #bank #accounts #Amnesty #International
( With inputs from www.siasat.com )

March 23, 2023
Jamia violence: Delhi HC reserves order on police’s plea

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New Delhi: The Delhi High Court on Thursday reserved its judgment on police’s plea against the trial courts order discharging 11 accused, including Sharjeel Imam, in the Jamia violence case.
A week before, the court had adjourned the hearing for Thursday.
A copy of the detailed order is awaited.
Earlier, Justice Swarana Kanta Sharma was informed by Delhi Police’s junior counsel that the senior is not well and that he seeks adjournment.
The court had recorded which respondents have filed the written statements in the matter and asked the rest to do so in four days.
In view of Delhi Police challenging the Saket court’s order dated February 4, discharging 11 accused in a 2019 Jamia violence case, the High Court had earlier said that there will be no influnence on the further investigation or trial of the remaining accused due to the trial court’s order.
“Since further investigation will be carried out, observations made against the investigating agency will not affect either further investigation or trial of any accused,” Justice Sharma had said while she also issued notice on the Police’s revision petition.
Incidents of violence at Jamia Millia Islamia in December 2019, erupted after a clash between the police and people protesting against the Citizenship Amendment Act (CAA).

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#Jamia #violence #Delhi #reserves #order #polices #plea
( With inputs from www.siasat.com )

March 23, 2023
Court Reserves Order On Bail Plea Of ‘Gujrat Conman’

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SRINAGAR: A court in Srinagar reserved orders on the bail plea of Kiran Bhai Patel, a man from Gujarat who allegedly impersonated a PMO official to obtain benefits before being arrested earlier this month. While the accused’s counsel argued for his release based on personal liberty and the absence of “serious” charges against him, the prosecution opposed the bail plea, citing the early stages of the investigation.
“I applied sometime back to seek a personal security officer but my request is yet to be approved. Then how is it possible that a man comes to Kashmir from Gujarat and gets a Z-plus security cover? What was the state doing all this time?” The judge observed.
The defence argued in court, stating that “my client has not committed any offence and that his liberty was curtailed by false allegations.” They also questioned, “even if he managed to get security cover, whose negligence is it? How come an outsider comes and gets security without getting mandatory clearances in a region where security remains on the highest degree of alert.”
After hearing the submissions of the counsels, the court of Chief Judicial Magistrate (CJM) Srinagar Raja Mohammad Tasleem reserved the order to be pronounced on Thursday (March 23).
Pertinent to mention, Kiran Patel, who was arrested earlier this month for allegedly impersonating a senior government official and duping people, has been sent to judicial custody by a local court in Srinagar. The accused has been booked under sections 419, 420, 467, 468, and 471 of the Indian Penal Code.
The Jammu and Kashmir police has formed a three-member team, led by SP East Srinagar, to investigate the case against Patel, who had been posing as a member of a “PMO team” that has been visiting Kashmir since October last year. The imposter had also visited forward areas near the Line of Control and shared pictures and videos of his ‘official visits’ on social media.
The conman’s first visit to the valley was on October 27 last year. He came with his family. In subsequent visits, the other members of the “PMO team” joined him.
According to a senior officer, the fact that an IAS officer introduced a conman as a PMO official, and that the security wing of the police and other officials granted him official protocol and Z plus security cover for an extended period of time, is a major concern.

In a statement, the police reported that on March 2, 2023, the CID wing of the J&K Police provided information about the arrival of an impersonator in Kashmir. “SSP Srinagar immediately dispatched a team led by SP East to Lalit hotel, where they discovered Kiran Bhai Patel, son of Juddesh Bhai Patel and a resident of Ahmadabad, Gujarat, who was impersonating himself as Additional Director (Strategy and campaigns) PMO New Delhi. As his responses were found to be suspicious, he was taken to Police Station Nishat, where he confessed to his crime,” the statement said.
The police spokesperson stated that during the investigation, ten counterfeit visiting cards and two mobile phones were confiscated from the accused. The investigation is being headed by a team led by SP East Srinagar, SDPO Nehru Park, and SHO Nishat. Several relevant individuals have been interrogated in connection with the case, and the investigation is in its initial stages.
The police have revealed that the accused has three cases registered against him in various police stations in Gujarat: Raopura Police Station, Baroda City Case No I/0064/2019, Naroda Police Station Ahmedabad City case No I/0066/2017, and Bayad Police Station, Aravali Case No I/0047/2019. The accused has been charged under various sections of the IPC, including 114, 294(KH), 406, 420, and 5072, as well as 120B. The police will share further details regarding the case in due course.

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#Court #Reserves #Order #Bail #Plea #Gujrat #Conman
( With inputs from : kashmirlife.net )

March 21, 2023
Russia and China want to disrupt the world order, NSC spokesperson says

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Kirby said the United States would be watching carefully to see what emerges from the much-heralded meetings between Chinese President Xi Jinping and Russian President Vladimir Putin this week in Russia.
“They have been increasing their cooperation and their relationship, certainly of late,” Kirby said of the two superpowers.
China recently floated a 12-point plan designed to end the Russia-Ukraine war. Kirby told host Mike Emanuel that the Biden administration remains dubious of China’s intentions when it comes to this war.
“What we have said before,” Kirby said, “and we’ll say it again today, that if coming out of this meeting, there’s some sort of call for a ceasefire, well, that’s just going to be unacceptable because all that’s going to do, Mike, is ratify Russian’s conquest to date.”
Kirby said he hoped China’s president would keep open “lines of communication” with President Joe Biden and also seek out the Ukrainian side of the story through discussions with President Volodymyr Zelenskyy.
“We hope, and we’ve said this before, that President Xi will call and talk to President Zelenskyy because we believe that the Chinese need to get the Ukrainian perspective here,” Kirby said.
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#Russia #China #disrupt #world #order #NSC #spokesperson
( With inputs from : www.politico.com )

March 19, 2023