Tag: plea

Bengaluru court rejects transit bail plea of IYC President B V Srinivas

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Bengaluru: A local court here has rejected the transit anticipatory bail to Indian Youth Congress President B V Srinivas.
He has been accused of harassment and gender discrimination by Angkita Dutta, a youth Congress leader from Assam, and has been asked to appear before the Assam Police for questioning on May 2.
In his plea before the Additional City Civil and Sessions Court, Srinivas had sought the transit bail so that he could approach the jurisdictional court for bail.

Judge K S Jyothishree heard the plea on Thursday and announced its rejection on Friday.
Appearing for Dutta, senior counsel Phaneendra submitted that the accused had already approached the Guwahati High Court in the matter but claimed he had not approached any other court in this plea.
The lawyer argued that since Srinivas was influential, he would destroy the evidence if granted bail. He was accused of serious offences and therefore custodial interrogation was necessary, he added.
Srinivas’s counsel, senior advocate Shashikiran Shetty had argued that the complainant was hand-in-glove with political rivals and had made the allegation out of political ill-will. The Assam police was in Karnataka to arrest Srinivas in a complaint filed long after the alleged incident.
Dutta had alleged that Srinivas had harassed her for over six months and had threatened her not to bring it to the notice of Congress leaders. He allegedly assaulted her on February 25 in a hotel in Chhattisgarh, and allegedly harassed her in Guwahati as well, earlier.

She filed the complaint on April 19, 2023 in a police station in Kamrup, Assam. Srinivas has been booked under various Sections of IPC 294, 342, 352, 354, 354(A)(iv), 506 and 509, and Section 67 of the Information Technology Act.
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#Bengaluru #court #rejects #transit #bail #plea #IYC #President #Srinivas
( With inputs from www.siasat.com )

April 28, 2023
Delhi excise scam: Court to pass order on Sisodia’s bail plea on Friday

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New Delhi: A court here is likely to deliver on Friday its order on the bail application of former Delhi deputy chief minister Manish Sisodia in a money laundering case related to the alleged excise policy scam.
Special Judge M K Nagpal had reserved the order after hearing arguments on Sisodia’s plea seeking relief claiming that his custody was no longer required for investigation.
The Enforcement Directorate (ED) had opposed the application, asserting the investigation was at a “crucial” stage and claiming the senior AAP leader had planted fabricated e-mails to show there was public approval for the policy.

The federal agency had also said it has found fresh evidence of his complicity in the alleged crime.
The court had on March 31 dismissed Sisodia’s bail application in a corruption case, being probed by the Central Bureau of Investigation (CBI), saying he was “prima facie the architect” in the criminal conspiracy behind alleged payment of advance kickbacks of around Rs 90-100 crore meant for him and his colleagues in the Delhi government.
The court had observed that the release of Sisodia, at the moment, will “adversely affect the ongoing investigation”.
The CBI and the ED had arrested Sisodia for alleged corruption in the formulation and execution of the now-scrapped Delhi Excise Policy 2021-22 and for laundering the money so generated.
(Except for the headline, the story has not been edited by Siasat staff and is published from a syndicated feed.)

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#Delhi #excise #scam #Court #pass #order #Sisodias #bail #plea #Friday
( With inputs from www.siasat.com )

April 27, 2023
HC seeks DU stand on St Stephen’s plea against absolute weightage to CUET score for minorities

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New Delhi: The Delhi High Court on Thursday sought Delhi University’s response on a plea filed by St Stephen’s College against the varsity’s notification insisting on admission under minority quota solely on the basis of common university entrance test (CUET) score without an interview.
A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad issued notices to DU as well as UGC on the college’s plea and asked them to file their replies.
The court orally remarked that the DU notification was “contrary” to a judgment passed by it last year in connection with the admission process. Based on this judgment, it observed the college can issue prospectus.

The judgment last year had allowed St Stephen’s College to admit minority students by additionally conducting interviews but upheld 100 per cent weightage to CUET score for non-minority students.
“The (earlier) judgment is in existence. We will issue notice,” the court said.
Additional Solicitor General Chetan Sharma, appearing for the respondent, sought time from the court to file a reply to the college’s plea, saying there was no urgency in the matter at this stage.
The petitioner, represented by advocate Romy Chacko, has said it was a minority educational institution and its right to select students for admission and administer educational institution under the Constitution cannot be interfered with or taken away by the Delhi University.
It has contended that DU’s decision insisting on 100 per cent weightage for CUET score for admission under minority quota is ultra vires (beyond the powers) to Article 30 of the Constitution and unconstitutional.

“The Delhi University has now resolved that for admissions during the current academic year (2023), even in regard to 50 per cent Christian quota of seats admission shall be only on the basis of CUET score and no interview and addition of 15 per cent marks for interview will be permitted,” the plea said.
“The impugned decision of the University denying the petitioner college its right to conduct interviews for admission to undergraduate courses in the minority category is contrary to the judgment of this Honble Court dt. 12.09.2022 in W.P. (C) No. 8814/2022 in St, Stephen’s College Vs, University of Delhi which recognized the Petitioner’s right to select students of minority category by conducting interviews,” stated the petition.
Last year, St Stephen’s College filed a petition challenging DU’s letter asking it to withdraw its prospectus which gave 85 per cent weightage to CUET and 15 per cent weightage to college interview for admission to its unreserved seats in UG courses.
Holding that the rights accorded to a minority institution under the Constitution cannot be extended to non-minorities, the court in September 2022 directed St Stephen’s College to give 100 per cent weightage to the CUET 2022 score when giving admission to non-minority students in its undergraduate courses.
It said the college has the authority to conduct interviews in addition to the common university entrance test (CUET) for the admission of students belonging to the minority community but it cannot force the non-minority candidates to additionally undergo an interview.
The matter would be heard next in May.
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#seeks #stand #Stephens #plea #absolute #weightage #CUET #score #minorities
( With inputs from www.siasat.com )

April 27, 2023
Telangana court dismisses plea to cancel BJP chief’s bail

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Hyderabad: A court in Telangana on Thursday dismissed the petition by the police to cancel the bail of state BJP president and Karimnagar MP Bandi Sanjay Kumar in the Class 10 question paper leak case.
Hanamkonda district court dismissed the petition by the police, which had sought cancellation of the bail on the ground that Sanjay was violating bail conditions.
After hearing arguments of both the sides for the last two days, the court ruled that there are no grounds for cancelling the bail of Sanjay.

The court had on April 6 ordered Sanjay’s release on bail subject to certain conditions.
The Karimnagar MP was arrested amid high-drama from his in-laws’ house in Karimnagar on the night of April 4.
Warangal police had named Sanjay as the main accused in the leakage of the Hindi question paper of Secondary School Certificate (SSC) exam from an exam centre at Kamlapur in Warangal district.
After the arrest, Sanjay was taken to a police station in Yadadri Bhuvanagiri district and then brought to Warangal in the evening. He was produced at the residence of the First Class Magistrate in Hanamkonda on April. The magistrate had remanded him to judicial custody till April 19. The court granted bail the next day.
Police alleged that Sanjay hatched a plan with other accused to leak the Class 10 question paper.

Sanjay and nine other accused were booked under Indian Penal Code (IPC) sections 120B (criminal conspiracy), 420 (cheating), 505 (circulating any report or statement with an intent to cause alarm to the public)
Police had also invoked sections 4 (A), 6 of TS Public Examinations (Prevention of Malpractices) Act and 66-D of Information Technology Act.
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#Telangana #court #dismisses #plea #cancel #BJP #chiefs #bail
( With inputs from www.siasat.com )

April 27, 2023
‘Won’t notify till..’: Centre after Kunal Kamra’s plea against govt’s fact checking unit

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Mumbai: The Union government told the Bombay High Court on Thursday that it will not notify till July 5, 2023, a fact-checking unit to identify fake news against the government on social media under the recently amended Information Technology Rules.
A division bench of Justices Gautam Patel and Neela Gokhale accepted the statement and said since the amended rules would be inoperable in the absence of a fact-checking unit, no urgent hearing was required on stay of the rules as sought by stand-up comic Kunal Kamra.
The bench posted the petition filed by Kamra, challenging the constitutional validity of the rules, for hearing on June 8.
Additional Solicitor General Anil Singh, appearing for the Union government, told the HC that the fact-checking unit would not be notified till July 5, 2023 so that the court could hear the matter in June when it reopens after the summer vacation.

Kamra’s counsel Darius Khambata insisted the court hear the matter for interim relief on Thursday itself and argued that the rules would continue to have a chilling effect irrespective of whether the fact-checking unit was notified or not.
The bench, however, said the rules would not be operable till the unit was set up or notified.
“The rules, as it currently stands, are sterile or inoperable without this fact-checking unit or committee. Whether once the unit is notified it would have a retrospective effect or not is something that needs to be seen at that stage,” the high court said.
Justice Patel in a lighter vein said if it is Kamra’s contention that he is going to be putting up some remark or comments or satire and may face action later then he should probably “take a holiday”.
“Take the summer off. If somebody chooses to be chilled then that is up to them,” Justice Patel quipped.
The bench also permitted Kamra to amend his petition to challenge the competence of the executive on the issue.

On April 6, the Union government promulgated certain amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, including a provision of a fact check unit to identify fake or false or misleading online content related to the government.
Kamra, in his petition, claimed the new rules could potentially lead to his content being arbitrarily blocked or his social media accounts being suspended or deactivated, thus harming him professionally.
He has sought that the court declare the amended rules as unconstitutional and give a direction to the government to restrain from acting against any individual under the rules.
The Union government in its affidavit filed in court last week reiterated that the “role of the fact check unit is restricted to any business of the central government, which may include information about policies, programmes, notifications, rules, regulations, implementation thereof, etc”.
“The fact check unit may only identify fake or false or misleading information and not any opinion, satire or artistic impression. Therefore, the aim of the government regarding the introduction of the impugned provision is explicitly clear and suffers from no purported arbitrariness or unreasonableness as alleged by the petitioner (Kamra),” the Centre’s affidavit had said.
As per the amendments, intermediaries such as social media companies will have to act against content identified by the fact check unit or risk losing their safe harbour protections under Section 79 of the IT Act.
“Safe harbour” protections allow intermediaries to avoid liabilities for what third parties post on their websites.
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#Wont #notify #till. #Centre #Kunal #Kamras #plea #govts #fact #checking #unit
( With inputs from www.siasat.com )

April 27, 2023
Viveka murder case: Telangana HC completes hearing on CBI plea

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Hyderabad: The Telangana High Court posted Thursday orders on the CBI petition to cancel the bail of Yerra Gangi Reddy, the main accused in former Andhra Pradesh Minister Y.S. Vivekananda Reddy’s murder case.
The court completed a hearing on the petition filed by the Central Bureau of Investigation (CBI) and adjourned the case to Thursday for judgement.
The judgement is eagerly awaited as the CBI investigation in the case has entered a crucial phase.

The Supreme Court recently extended the deadline for completing the investigation into the sensational case till June 30.
The CBI sought the cancellation of the bail on the ground that Gangi Reddy is the main accused and has been influencing key witnesses in the case.
During the previous hearing, the CBI counsel had argued that Gangi Reddy is having political backing and is trying to put pressure on the witnesses through his connections.
Justice D. Ramesh had asked the CBI to submit some evidence that Gangi Reddy is influencing witnesses.
The Special Investigation Team (SIT) of Andhra Pradesh police, which was then investigating the murder case, arrested Gangi Reddy on March 28, 2019

Gangi Reddy was granted default bail by a local court at Pulivendula in October 2021 on technical grounds as the CBI failed to file the charge sheet within 90 days of registering the FIR. Later, the Andhra Pradesh High Court also upheld the decision of the lower court.
The CBI had approached the Supreme Court, challenging the order of the High Court.
The Supreme Court in November last year transferred the trial in the murder case from Andhra Pradesh to CBI court in Hyderabad. Consequent to this, the apex court asked the CBI to approach the Telangana High Court for cancellation of bail of Gangi Reddy.
Vivekananda Reddy, brother of former Chief Minister Y.S. Rajasekhara Reddy and uncle of present Andhra Pradesh Chief Minister Y.S. Jagan Mohan Reddy, was murdered at his residence in Pulivendula of Kadapa district on March 15, 2019, weeks before elections.
The 68-year-old former state minister and former MP was alone at his house when unidentified persons barged in and killed him.
The CBI took over the investigation into the case in 2020 on the direction of Andhra Pradesh High Court while hearing a petition of Vivekananda Reddy’s daughter Suneetha Reddy, who raised suspicion about some relatives.
The Supreme Court transferred the case to Hyderabad while observing that doubts raised by Suneetha Reddy about getting a fair trial and investigation in Andhra Pradesh were reasonable.
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#Viveka #murder #case #Telangana #completes #hearing #CBI #plea
( With inputs from www.siasat.com )

April 26, 2023
Delhi HC seeks ED’s response on liquor bizman’s bail plea in excise policy case

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New Delhi: The Delhi High Court on Tuesday sought the Enforcement Directorate (ED)’s response on liquor businessman Sameer Mahendru’s plea seeking bail on medical grounds in the money-laundering case pertaining to the now-scrapped liquor excise policy.
Justice Dinesh Kumar Sharma asked the ED to submit a status report and a verification report regarding Mahendru’s health claims.
Mahendru must appear in court on May 1 while on interim bail that was already granted by a trial court on medical grounds. He has requested regular bail as well as an extension of the interim bail of at least 12 weeks, claiming that his surgery is scheduled for May 5 and that he needs to get post-surgery care.

His lawyer claimed that the trial court later prolonged the businessman’s interim bail, which had been granted on February 28 and the accused is still in poor health and that he has placed on record the most recent medical documents.
On February 28, the court had granted interim bail to Mahendru on medical grounds for a period of 30 days after he claimed he was suffering from various ailments.
Later, on March 29, the trial court had extended Mahendru’s interim bail.
Earlier this month, the court had again extended the interim bail granted to Mahendru for a period of seven days while adjourning the matter due to the ongoing protest by advocates.
The ED had earlier alleged that Mahendru is the kingpin and the focal point around which the entire criminal conspiracy developed and he was essential to the cartel’s establishment and ensuring the repayment of the kickback amounts.

Mahendru has been chargesheeted by both the investigating agencies
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#Delhi #seeks #EDs #response #liquor #bizmans #bail #plea #excise #policy #case
( With inputs from www.siasat.com )

April 25, 2023
SC issues notice on wrestlers’ plea seeking FIR against WFI chief

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New Delhi: The Supreme Court on Tuesday issued a notice on a plea by the country’s seven top wrestlers seeking a direction for the registration of an FIR against Wrestling Federation of India (WFI) chief Brij Bhushan Sharan Singh.
A bench headed by Chief Justice of India D.Y. Chandrachud and comprising Justice P.S. Narasimha, said: “There are serious allegation in plea on behest of international wrestlers with regards to sexual harassment meted out to them. Issue notice returnable on Friday. Liberty to serve standing counsel NCT Delhi. The complaints which form an attachment in sealed cover and shall be again resealeda.”.
The plea was mentioned before the bench by senior advocates Kapil Sibal and Narendra Hooda, representing the wrestlers.

Sibal submitted that this is the wrestlers’ matter and they are sitting in dharna, and seven women have complained and one is a minor.
He stressed that an FIR has not been registered and added that the plea seeks one against Singh over alleged sexual harassment by women wrestlers.
During the hearing, Sibal argued that there is a committee report which has not been made public.
The Chief Justice asked Sibal to show the case papers.
Sibal said please see the complaint by the minor, the young girl had won a gold medal and added even the police personnel can be prosecuted for not registering an FIR.

He emphasized that the court should look at the allegations and the police are not acting.
After hearing submissions, the top court sought response from the Delhi Police.
According to the plea, the wrestlers have cited an inordinate delay in registration of FIR by the Delhi Police against the WFI President and urged the apex court to issue a direction to police to lodge a case.
The top court agreed with the petitioners to suppress their identity mentioned in the petition.
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#issues #notice #wrestlers #plea #seeking #FIR #WFI #chief
( With inputs from www.siasat.com )

April 25, 2023
SC to hear on Apr 28 plea seeking independent probe into Atiq killing

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New Delhi: The Supreme Court on Monday agreed to hear on April 28 a plea seeking an independent probe into the killing of gangster-turned-politician Atiq Ahmad and his brother Ashraf in Uttar Pradesh’s Prayagraj.
Atiq Ahmad (60) and Ashraf were shot dead at point-blank range by three men posing as journalists in the middle of a media interaction on April 15 night while police personnel were escorting them to a medical college in Prayagraj for a checkup.
The plea, filed by advocate Vishal Tiwari, has also sought an inquiry into the 183 encounters that have taken place in Uttar Pradesh since 2017.

Tiwari mentioned the matter for urgent listing on Monday before a bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha.
He told the bench that his plea was slated to come up for hearing on Monday but it has not been listed.
“Since five judges are not available, some cases in which dates were given have not been listed. We will try to list this on Friday (April 28),” the CJI said, adding, some apex court judges are down with COVID-19 while some others are indisposed due to other reasons.
The Uttar Pradesh Police had recently said that it has gunned down 183 alleged criminals in encounters in the six years of the Chief Minister Yogi Adityanath-led government and this included Ahmad’s son Asad and his accomplice.
The plea filed in the apex court has sought the setting up of an independent expert committee to probe the killing of Atiq and Ashraf.

“Issue guidelines/directions to safeguard the rule of law by constituting an independent expert committee under the chairmanship of a former Supreme Court justice to inquire into the 183 encounters which had occurred since 2017 as stated by Uttar Pradesh Special Director General of Police (Law and Order) and also to inquire into the police custody murder of Atiq and Ashraf,” it said.
Referring to Atiq’s killing, the plea said “such actions by police are a severe threat to democracy and rule of law and lead to a police state”.
“In a democratic society, the police cannot be allowed to become a mode of delivering final justice or to become a punishing authority. The power of punishment is only vested in the judiciary,” the plea submitted.
It said extra-judicial killings or fake police encounters have no place in the law.
When the police turn “daredevils then the entire rule of law collapses and generates fear in the mind of people against the police which is very dangerous for democracy and this also results in more crimes,” the plea stated.
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#hear #Apr #plea #seeking #independent #probe #Atiq #killing
( With inputs from www.siasat.com )

April 24, 2023
Chinese firm Xiaomi’s plea challenging ED rejected by Karnataka HC

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Bengaluru: Karnataka High Court has rejected Chinese firm Xiaomi’s plea against the seizure of Rs 5,551.27 crore from its bank accounts by the Enforcement Directorate (ED).
A single-judge bench of Justice M. Nagaprasanna, on Friday, though dismissed the petition, upheld its maintainability.
The Chinese technology company is facing charges of violations of the provisions of the Foreign Exchange Management Act (FEMA).

The bench observed that challenge to the Constitutional validity of Section 37A of the Act by the petitioner is held to be maintainable, on the fulcrum of the allegation that it is violative of Article 14 of the Constitution. As Article 14 is person centric whereas Fundamental Rights under Article 19 are citizen centric.
Appearing for the central government and the ED, Additional Solicitor General M.B. Nargund Amaintained that Xiaomi is a foreign entity and can not maintain writ petition.
Earlier, counsels for Xiaomi India had argued that the firm was being targetted as it is a Chinese company and other companies are allowed to make payments of technology royalty.
They have also brought to the notice of the court that banks are not allowing Xiaomi to make remittances in foreign exchange for imports.
They argued that the company is required to make payments for foreign companies in connection with manufacturing and marketing smartphones.

Contesting this Additional Solicitor General Nargund had explained that the authorities had no complaints if Xiaomi is agreeable to keep the seized amount in the bank and use remaining amount.
He brought to the notice of the court that on April 24 and 29, before the ED passed the order to seize Xiaomi’s bank accounts, there was a transfer of around Rs 1,500 crore from the company’s bank accounts as per the available information.
However, Xiomi is maintaining that royalty payments made to three companies abroad would not violate the FEMA Act. The company further maintained that the IT department itself had allowed it as a value added activity.
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#Chinese #firm #Xiaomis #plea #challenging #rejected #Karnataka
( With inputs from www.siasat.com )

April 22, 2023