Tag: plea

SC reserves verdict on Rana Ayyub’s plea against summons in money laundering case

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New Delhi: The Supreme Court on Tuesday reserved its verdict on a plea of journalist Rana Ayyub challenging the summons issued by a special court in Ghaziabad in the money laundering case.
A bench of Justice V Ramasubramanian and Justice J B Pardiwala said it will pass orders on the plea.
During the hearing, advocate Vrinda Grover, appearing for Ayyub, submitted, “Can her personal liberty be deprived by a procedure not authorised by law?”
She submitted that the Ghaziabad special court has no jurisdiction to try the offence as the alleged act is said to have been committed in Mumbai.
Grover said the Enforcement Directorate (ED) has attached the journalist’s personal bank account in a bank at Navi Mumbai in which around Rs 1 crore was lying.
Solicitor General Tushar Mehta, appearing for the ED, said the prosecution complaint has been filed in the Ghaziabad court by the agency as part of the cause of action had arisen in Uttar Pradesh, where a lot of people, including from Ghaziabad, contributed to her crowdfunding campaign.
He said the money laundering offence is not an independent offence and is always connected to a scheduled offence for which an FIR was lodged in Indirapuram police station of Ghaziabad.
Mehta said arguments advanced by the other side is that if a person chose to launder money in Singapore or Thiruvananthapuram, the agency has to go there and lodge a case.

“Sorry, this is not the scheme,” he said, adding that Ayyub raised funds through online platform Ketto’ in the name of helping slum dwellers, COVID-19 patients and people of Assam which resulted in the collection of Rs 1 crore, out of which Rs 50 lakh fixed deposit was done in a personal account.
He said, “Money was shown by fake bills, groceries, among others, and was used for personal luxury items and consumption.”
On January 25, the top court had asked a special court in Ghaziabad to adjourn the proceedings in the money laundering case against Ayyub scheduled for hearing on January 27 to a date after January 31.
In her writ petition, Ayyub has sought quashing of the proceedings initiated by the ED in Ghaziabad citing lack of jurisdiction as the alleged offence of money laundering occurred in Mumbai.
On November 29 last year, the special PMLA court in Ghaziabad took cognisance of the prosecution complaint (charge sheet) filed by the ED and summoned Ayyub.
The ED charge sheet was filed under section 45 read with section 44 of the Prevention of Money Laundering Act (PMLA), 2002.
“I have perused the above mentioned prosecution complaint and have also gone through the prosecution papers as well as documents, including statements.
“From the perusal of the entire record, there is sufficient evidence as to a prima facie case for taking cognisance against Ms Rana Ayyub with regard to commission of offence,” the special court judge had said.
The special court had said Ayyub’s alleged crime involves taking money illegally from the general public in the name of charity via Ketto — an online crowdfunding platform — in three campaigns, without any approval, raising a huge sum in the bank account of her sister and father, and transferring it into her own bank account which was not used for the intended purpose.
On October 12 last year, the ED had filed a charge sheet against Ayyub, accusing her of cheating the public and using Rs 2.69 crore she got in charity for creating personal assets, and also violating the foreign contribution law.
“Rana Ayyub launched three fundraiser charity campaigns on the ‘Ketto’ platform, starting from April 2020 and collected funds totalling Rs 2,69,44,680,” the ED had said in a statement.
The campaigns, it had claimed, were meant to raise funds for slum dwellers and farmers, relief work for Assam, Bihar and Maharashtra, and help Ayyub and her team help those impacted by coronavirus in India.
“Ayyub utilised these funds to create a fixed deposit of Rs 50 lakh for herself and also transferred Rs 50 lakh to a new bank account. Investigations found that only about Rs 29 lakh was used for relief work,” the ED had claimed.
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#reserves #verdict #Rana #Ayyubs #plea #summons #money #laundering #case
( With inputs from www.siasat.com )

January 31, 2023
Sedition case: HC asks police to inform whether Sharjeel Imam’s bail plea be sent back to trial court

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New Delhi: The Delhi High Court Monday sought to know the stand of the city police as to whether a plea by JNU student Sharjeel Imam seeking bail in connection with a 2020 riots case involving allegations of sedition be remanded back to the trial court for adjudication.
The high court said there was no ground mentioned in the trial court’s order rejecting Imam’s bail plea.
A bench of Justices Siddharth Mridul and Talwant Singh granted two-week time to the Delhi Police counsel to take instructions whether the trial court’s order rejecting the bail plea be remanded back. It listed the matter for further hearing on February 20.
The high court was hearing Imam’s plea challenging the trial court’s January 24, 2022 order, dismissing his bail application in the case.
Meanwhile, his counsel withdrew Imam’s interim bail plea as the court was taking up his appeal challenging the trial court’s order denying him regular bail in the case.
The bench said since section 124A (sedition) of the Indian Penal Code has been kept in abeyance following the directions of the Supreme Court, it will have to examine the trial court’s bail rejection order while keeping in mind the other sections framed against Imam.
Last year, the trial court had ordered the framing of charges against Imam under Sections 124A (sedition), 153A (promoting enmity), l53B (Imputations prejudicial to national integration), 505 (Statements conducing to public mischief) of IPC and Section 13 (Punishment for Unlawful Activities) of Unlawful Activities Prevention Act.
“The other thing you (prosecution) will have to answer is what is the ground on which bail has been rejected?” the bench said.

As Special Public Prosecutor Amit Prasad said the ground is that charges have been framed against the accused.
“So what? That is not a ground. Where is the ground? You have to decide we are hearing appeal or fresh bail plea. There is no ground on the bail in the whole bail order. You seek instructions,” the bench said.
During the hearing, the bench said that Section 2(1)(o) of the UAPA which defines ‘unlawful activity’ is completely different from Section 124A IPC which defines sedition.
The high court perused the definitions and said that unlawful activity would be an activity which is committed against India, whereas sedition is committed against the “Government established by law in India”.
“This is the principle difference. Sedition is against the government established by law in India and it has nothing to do with unlawful activity,” the bench said.
While advancing arguments on the bail plea, Imam’s counsel said charges have already been framed against the accused and it was a case for grant of regular bail.
He said it is an admitted position that there was no overt act on behalf of Imam and the speech delivered by him rather than calling for violence, calls for non-violence as he says they will not burn down property.
He stressed the point that Imam has been in custody for three years now.
Imam had earlier sought interim release until the top court decides the constitutional validity of offence of sedition. The court was also informed that Imam’s plea challenging the framing of charges in the matter is also pending before it.
As per the prosecution, Imam had allegedly made speeches at Jamia Millia Islamia on December 13, 2019 and at the Aligarh Muslim University on December 16, 2019 where he threatened to cut off Assam and the rest of the Northeast from India.
In his petition before the high court, Imam has said the trial court “failed to recognise” that pursuant to the directions of the top court, the basis for dismissal of his earlier bail plea, the charge of sedition, no longer existed and therefore relief must be granted to him.
On May 11, 2022, the Supreme Court had stayed till further orders the registration of FIRs, probes, and coercive measures for the offence of sedition across the country by the Centre and the states until an appropriate forum of the government re-examines the colonial-era penal law.
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#Sedition #case #asks #police #inform #Sharjeel #Imams #bail #plea #trial #court
( With inputs from www.siasat.com )

January 31, 2023
SC judge recuses from hearing Punjab govt plea against bail to Majithia

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New Delhi: Supreme Court judge Justice Surya Kant on Monday recused himself from hearing a Punjab government plea challenging the high court order, which granted bail to Shiromani Akali Dal leader and former minister Bikram Singh Majithia in a drug case.
The matter was listed for Monday before a bench of Justices Surya Kant and J.K. Maheshwari.
As soon as the matter came up for hearing, Justice Surya Kant said he was part of the high court bench which passed directions to set up a special task force to investigate the matter.
Majithia, the brother-in-law of SAD President Sukhbir Singh Badal and brother of former Union minister Harsimrat Kaur Badal, had been lodged in the Patiala jail onFebruary 24 last year.
The Punjab government, represented by senior advocate Shyam Divan, moved the apex court challenging the Punjab and Haryana High Court order dated August 10, 2022.
The bench ordered: “Let the matter be listed before a bench in which one of us (Justice Kant) is not a member.”
Granting bail to Majithia, the high court had observed that there were “reasonable grounds” to believe that he is not guilty. Majithia was released after spending more than five months in the Patiala jail in the drug case.
However, the high court had clarified that the trial court should proceed independently of the observations made by it. Majithia was booked on the basis of a 2018 report of the anti-drug special task force (STF) into a drug racket in the state.

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#judge #recuses #hearing #Punjab #govt #plea #bail #Majithia
( With inputs from www.siasat.com )

January 30, 2023
Air India urination case: Delhi court reserves order on accused Shankar Mishra’s bail plea

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New Delhi: A Delhi court on Monday reserved for January 31 its order on the bail application of Shankar Mishra, accused of urinating on a woman on board an Air India flight from New York to New Delhi.
Police have opposed the bail application, saying India has been defamed internationally because of the incident.
“It may be disgusting but that is another matter, let’s not get into that. Let’s go into how the law deals with it,” the judge said.
The judge also observed that the witnesses named by the prosecution “are not deposing in your (police) favor”.
Police have also alleged that the accused threatened the complainant.
Mishra had sought bail, saying initially, the bail had been declined by a magisterial court because the investigation was pending.
“Now that’s done and they have examined other crew members and witnesses. Also, they asked for reimbursement of the ticket and sought no action against me,” the counsel said.

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#Air #India #urination #case #Delhi #court #reserves #order #accused #Shankar #Mishras #bail #plea
( With inputs from www.siasat.com )

January 30, 2023
Plea in SC seeks direction to empower citizens to petition Parliament

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New Delhi: A plea has been filed in the Supreme Court seeking a direction to the Centre and others to take steps to create an appropriate system which empowers citizens to petition Parliament and seek initiation of deliberations on issues highlighted by them.
The plea came up for hearing on Friday before a bench comprising justices K M Joseph and B V Nagarathna.
The bench asked the counsel appearing for petitioner Karan Garg to serve a copy of the plea to the Centre’s lawyer and posted the matter in February.
Advocate Rohan J Alva appeared for the petitioner.
The plea has sought a declaration that it is the fundamental right of citizens under Articles 14, 19(1)(a) and 21 of the Constitution to directly petition Parliament to seek initiation of a debate, discussion and deliberation on the issues highlighted by them in their petitions.
“The present writ petition prays that it is imperative for the respondents (Centre and others) to take substantive steps in order to ensure that citizens can have their voices heard in Parliament without facing undue barriers and difficulties,” it said.
The plea said as an ordinary citizen of the country, the petitioner felt “disempowered” when it came to participation in the democratic process and after people cast their votes and elect representatives, there is no scope for any further participation.
It said there is a complete absence of any formal mechanism by which citizens can engage with the lawmakers and take steps in order to ensure that issues which are of vital importance are debated in Parliament.

“The absence of this mechanism creates a void between elected representatives and the citizens. The people are disconnected from the law-making process. This distancing of the citizens to their inherent rights to fully participate in Indian democracy is a matter of grave concern and is an issue which needs to be immediately addressed,” the plea said.
It said a system by which the citizens can directly petition Parliament is already in place in the United Kingdom and it has been working well for several years.
It also said that if citizens have the ability to engage with the Centre and Parliament at a deeper level, it may reduce the burden on the apex court and high courts “since there may exist an effective and alternative remedy for espousing and pursuing public interest causes”.
The plea said citizens have a fundamental right to participate in democratic affairs and are constitutionally entitled to present workable and constructive suggestions to Parliament on matters of national importance so that public interest is appropriately safeguarded.
“The current system does not fully allow citizens to initiate discussions in Parliament by moving appropriate petitions,” it added.
The petition said formulation of well-reasoned and reasonable rules which allow citizens to directly petition Parliament will usher in a transformative era of democratic governance and create an environment for robust engagement between the people of the country and the members of Parliament.
It has sought a direction to the Centre and others to expeditiously take steps to create an appropriate system or reasonable rules and regulations which empower citizens to petition Parliament and seek initiation of a debate on the issues highlighted by them.
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#Plea #seeks #direction #empower #citizens #petition #Parliament
( With inputs from www.siasat.com )

January 28, 2023
Ahobilam Mutt temple: SC refuses to entertain plea against AP HC order

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New Delhi: “Let the religious people deal with it,” the Supreme Court said on Friday while refusing to entertain a plea against an Andhra Pradesh High Court order holding that the state of Andhra Pradesh had no authority under law to appoint an executive officer to the Ahobilam mutt temple.
A bench of Justices S K Kaul and A S Oka said Andhra Pradesh has no authority, jurisdiction or entitlement under law to appoint an executive officer of the ‘Sri Ahobila Mutt Parampara Aadheena Sri Lakshmi Narasimha Swamy Devasthanam’ (Ahobilam Mutt Temple).
“Let the religious people handle this. In every case under Article 136 (special leave to appeal by the Supreme Court), we need not try to settle the law. Sorry,” the bench told the lawyer appearing for the state that had challenged the high court order.
One petition before the high court stated that the Ahobilam temple, situated in the Kurnool district of Andhra Pradesh, has been under the control of Sri Ahobilam Mutt, which is based in Tamil Nadu, since time immemorial.
The state of Andhra Pradesh and others had challenged the October 13, 2022, high court order, which said the Ahobilam temple is an “integral and inseparable part of the Ahobilam Math, which was established as a part of the propagation of Hindu religion and for rendering spiritual service for propagating Sri Vaishnavism”.
The high court had said appointing an executive officer for the temple, which is a part of the Mutt, is violative of Article 26(d) of the Constitution as it affects the right of administration of Jeeyars’/Mathadipathis.
The high court had passed the order on separate petitions questioning the appointment of an executive officer of the ‘Devasthanam’.
The state claimed in its plea that the high court had erred in holding that the Commissioner of the Endowments department does not possess the power to appoint an executive officer to take charge of the administration of the temple under section 29 of the Andhra Pradesh Religious Endowments and Charitable Institutions Act 1987 simply because the temple is affiliated with the Ahobilam Mutt.

“The high court failed to appreciate that the subject temple and the Ahobilam Math are distinct, independent juristic persons and thus, the subject temple’s inclusion in the definition of ‘Math’ is simply incongruous,” it said.
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#Ahobilam #Mutt #temple #refuses #entertain #plea #order
( With inputs from www.siasat.com )

January 27, 2023
Lakhimpur Kheri case: SC to pronounce order on Wednesday on Ashish Mishra bail plea

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New Delhi: The Supreme Court would pronounce its order on Wednesday on the bail plea of Ashish Mishra, key accused in the 2021 Lakhimpur Kheri violence case and son of Union Minister Ajay Kumar Mishra.
According to the cause list uploaded on the apex court website, a bench comprising Justices Surya Kant and J.K. Maheshwari will pronounce the order on January 25.
The apex court had reserved its order on Mishra’s plea on January 19.
Additional Advocate General for Uttar Pradesh Garima Prashad opposed Mishra’s bail plea. She had submitted that it was a grave and heinous crime and granting bail will send a wrong signal to society.
Senior advocate Dushyant Dave, appearing for those opposing the bail plea, said grant of bail will send a terrible message to society.
“It is a conspiracy and a well-planned murder. I will show it from the charge sheet. He is the son of a powerful man being represented by a powerful lawyer,” he said.
Senior advocate Mukul Rohatgi, appearing for Mishra, strongly opposed Dave’s submission, saying: “What is this? Who is powerful? We are appearing every day. Can this be a condition to not grant bail?”
He submitted that his client has been in custody for more than a year and the way the trial is going, it will take seven to eight years to complete it.

He said that Jagjit Singh, who is the complainant in the case, is not an eyewitness and his complaint is just based on hearsay.
“Jagjit Singh is the complainant and he is not an eyewitness. I am surprised that when there are many people saying we ran over people mercilessly, an FIR is registered on the version of a person who is not an eyewitness?” Rohatgi said, adding that his client is not a criminal and there are no past records.
On October 3, 2021, eight people were killed in Lakhimpur Kheri district’s Tikunia in a violence that erupted when farmers were protesting against UP Deputy Chief Minister Keshav Prasad Maurya’s visit to the area.
According to the Uttar Pradesh Police FIR, four farmers were mowed down by an SUV, in which Ashish Mishra was seated.
Following the incident, a driver and two BJP workers were allegedly lynched by angry farmers. A journalist also died in the violence.
On December 6 last year, a trial court had framed charges against Mishra and 12 others for the alleged offences of murder, criminal conspiracy and others in the case of death of the protesting farmers in Lakhimpur Kheri, paving the way for the start of the trial.
A total of 13 accused, including Mishra, have been charged under IPC sections 147 and 148 related to rioting, 149 (unlawful assembly), 302 (murder), 307 (attempt to murder), 326 (voluntarily causing grievous hurt by dangerous weapons or means), 427 (mischief) and 120B (punishment for criminal conspiracy), and section 177 of the Motor Vehicle Act.
The other 12 accused are Ankit Das, Nandan Singh Bisht, Latif Kale, Satyam a.k.a Satya Prakash Tripathi, Shekhar Bharti, Sumit Jaiswal, Ashish Pandey, Lavkush Rana, Shishu Pal, Ullas Kumar Trivedi, Rinku Rana and Dharmendra Banjara.
All of them are in jail.
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#Lakhimpur #Kheri #case #pronounce #order #Wednesday #Ashish #Mishra #bail #plea
( With inputs from www.siasat.com )

January 25, 2023
Cattle scam: ED hopeful as Delhi court rejects Anubrata’s bail plea

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Kolkata: The Enforcement Directorate (ED) probing the multi-crore cattle smuggling scam in West Bengal is now hopeful of taking Trinamool Congress strongman and the party’s Birbhum district president Anubrata Mondal to Delhi for questioning after the Rouse Avenue Court in the national capital rejected the latter’s bail plea on Tuesday.
However, sources said that ED will have to wait for a decision of the Delhi High Court on this count.
“Mondal had adopted the path of approaching multiple courts to stop us from taking him to Delhi for questioning. Accordingly, his counsels moved bail pleas in both Rouse Avenue Court and Delhi High Court. Now with the Rouse Avenue Court rejecting his bail petition, the first hurdle is clear. We will now have to wait for the Delhi High Court’s decision on this count,” said a legal associate of the central agency.
Mondal’s bodyguard Sehgal Hossain, who was also arrested in connection with the cattle smuggling scam, is currently under judicial custody at Delhi’s Tihar Jail. Sources said that the reason why the ED is so keen to take Mondal to the national capital is to place him face-to-face with Hossain and question the two together.
The hearing in the matter was scheduled at Delhi High Court on Monday. However, it did not happen because of the absence of the judge concerned and the next date of hearing has been scheduled on February 2.
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#Cattle #scam #hopeful #Delhi #court #rejects #Anubratas #bail #plea

( With inputs from www.siasat.com )

January 24, 2023
Bilkis Bano’s plea against grant of remission to convicts could not be heard in SC

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New Delhi: The hearing on Bilkis Bano’s plea challenging the remission of sentence of 11 convicts in the gang-rape case by the Gujarat government, could not be held in the Supreme Court on Tuesday as the judges concerned were hearing a matter related to passive euthanasia as part of a five-judge Constitution bench.
The petition of Bilkis Bano, who was gang-raped and seven members of her family slaughtered during the 2002 Gujarat riots, was scheduled to be heard on Tuesday by a bench of Justices Ajay Rastogi and CT Ravikumar.
However, Justices Rastogi and Ravikumar were busy hearing, as part of a Constitution bench headed by Justice K M Joseph, the pleas seeking modification of guidelines on execution of a “Living Will or Advance Medical Directive” for permitting passive euthanasia.
A fresh date for hearing will now be notified by the apex court registry..
Bilkis Bano had moved the apex court on November 30, 2022 challenging the grant of remission of sentence to 11 convicts by the state government, saying their premature release has “shaken the conscience of society”.
Besides the plea challenging the release of the convicts, the gang-rape survivor had also filed a separate petition seeking a review of the apex court’s May 13, 2022 order on a plea by a convict.
In its May 13, 2021 order, the apex court had asked the state government to consider the plea of a convict for premature release in terms of its policy of July 9, 1992 which was applicable on the date of conviction and decide it within a period of two months.
All the 11 convicts were granted remission by the Gujarat government and released on August 15 last year.

Her review plea, however, was dismissed by the top court in December last year.
The victim, in her pending plea, said the state government passed a “mechanical order” completely ignoring the requirement of law as laid down by the Supreme Court.
“The enmasse premature release of the convicts in the much talked about case of Bilkis Bano, has shaken the conscience of the society and resulted in a number of agitations across the country,” she said in the plea.
Referring to past verdicts, the plea said enmasse remissions are not permissible and, moreover, such a relief cannot be sought or granted as a matter of right without examining the case of each convict individually based on their peculiar facts and role played by them in the crime.
“The present writ petition challenging the decision of the State/ Central Government granting remission to all the 11 convicts and releasing them prematurely in one of the most gruesome crimes of extreme inhuman violence and brutality by a group of human beings upon another group of human beings, all helpless and innocent people – most of them were either women or minors, by chasing them for days together persuaded by hate towards a particular community,” it said.
The plea, which gave minute details of the crime, said Bilkis and her grown up daughters were “shell-shocked with this sudden development”.
The decision of the government came as a shock to the citizens, nationally and internationally, and the society across segments showed “anger, disappointment, distrust” and protested the clemency shown by the government.
“When the nation was celebrating its 76th Independence Day, all the convicts were released prematurely and were garlanded and felicitated in full public glare and sweets were circulated and this is how the present petitioner along with the entire nation and the whole world came to know about the shocking news of premature release of all the convicts (respondents no. 3-13) of one of the most gruesome crime this country has ever seen of multiple time gang rape of a pregnant woman,” it said.
It referred to wide-virtual public protest in each city, on all social media platforms and news channels, portals.
“It was also reported heavily that Muslims of the area started fleeing away from Rahimabad in fear after release of these 11 convicts,” the plea said.
The top court is already seized of PILs filed by CPI(M) leader Subhashini Ali, Revati Laul, an independent journalist, Roop Rekha Verma, who is a former vice chancellor of the Lucknow University, and TMC MP Mahua Moitra against the release of the convicts.
Bilkis Bano was 21 years old and five months pregnant when she was gang-raped while fleeing the riots that broke out after the Godhra train burning incident. Her three-year-old daughter was among the seven family members killed.
The investigation in the case was handed over to the CBI and the trial was transferred to a Maharashtra court by the Supreme Court.
A special CBI court in Mumbai had on January 21, 2008 sentenced the 11 to life imprisonment on charges of gang-rape of Bilkis Bano and murder of seven members of her family.
Their conviction was later upheld by the Bombay High Court and the Supreme Court.
The 11 men convicted in the case walked out of the Godhra sub-jail on August 15 after the Gujarat government allowed their release under its remission policy. They had completed more than 15 years in jail.
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#Bilkis #Banos #plea #grant #remission #convicts #heard
( With inputs from www.siasat.com )

January 24, 2023
Plea withdrawn in Delhi HC against wrestlers alleging sexual harassment by WFI chief

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Delhi: Hours after a plea was moved in the Delhi High Court on Monday against the sexual assault allegations on Wrestling Federation of India (WFI) chief Brij Bhushan Sharan Singh by multiple wrestlers, it was withdrawn.
Talking to IANS, Lawyer Shrikant Prasad said that Vicky, who was the petitioner, has asked us to withdraw the plea as the matter has been highlighted a lot.
The lawyer further said that the motive to file the plea was about the misuse of law by women on sexual harassment and resorting to protests and there should be some guidelines set up in this context.
In the plea, it is said that Phogat, who is also the first respondent in the plea, started blackmailing Bhushan for resigning from the post of WFI president on the pretext of protest against the sexual harassment of the wrestlers.
It is said that the media thinks of itself as Janata Adalat and has started intervening in the proceedings of the court, the plea said.
It is contended that wrestlers, instead of moving to court, have approached the media to show their concern, said the petition.
In the petition, it has been argued that respondents (wrestlers) have crossed all their limits to approach the issue and that his reputation and dignity were being tarnished.
It further claimed that sexual harassment laws were being misused and an extortion was being done on him.

This writ petition is filed against the complete misuse of sexual harassment laws by the wrestler women, the petition read.
It is in the petition that wrestlers are trying to get their own benefits out of this issue.
A huge protest by the wrestlers at Delhi’s Jantar Mantar was called off following assurances from the Centre that grievances would be addressed and Brij Bhushan Sharan Singh was asked to step aside for four weeks.
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#Plea #withdrawn #Delhi #wrestlers #alleging #sexual #harassment #WFI #chief
( With inputs from www.siasat.com )

January 23, 2023