Tag: plea

SC junks PFI student wing leader’s plea for PMLA case transfer to Ernakulam

[ad_1]
New Delhi: The Supreme Court on Monday junked a plea moved by the Popular Front of India’s (PFI) student wing leader, K.A. Rauf Sherif, seeking a transfer of a money-laundering case lodged against him from Lucknow to Kerala’s Ernakulam.
A bench of Justices V. Ramasubramanian and Pankaj Mithal said: “We find no legally valid and justifiable grounds to order this transfer. Therefore, this transfer petition is dismissed. Pending application(s), if any, stands disposed of accordingly.”
The bench noted that the fact that the petitioner was sent to custody by the special judge at Ernakulam under Section 167(2) of the Code of Criminal Procedure and that, therefore, the filing of the complaint at Lucknow is impermissible, is not legally well-founded.

The petitioner was arrested on December 12, 2020, in Kerala and he was produced before the magistrate on December 13, 2020, who sent him to judicial custody till December 24, 2020. “Therefore, the NIA moved an application under Section 167 of the Code before the Principal Sessions Judge, Ernakulam for the grant of Enforcement Directorate custody for a period of 14 days. An order under Section 167(2) of the Code had to be passed necessarily by the magistrate to whom an accused person is forwarded. In fact, Section 167(2) contains the words whether he has or has not jurisdiction to try the case. Therefore, the argument revolving around Section 167(2) of the Code also fails,” said the bench.
It stressed that a special court in Lucknow dealing with cases lodged under the Prevention of Money Laundering Act (PMLA) cannot be said to be lacking in territorial jurisdiction to entertain the complaint. “In any case, the lack of jurisdiction of a court to entertain a complaint can be no ground to order its transfer. A congenital defect of lack of jurisdiction, assuming that it exists, inures to the benefit of the accused and hence it need not be cured at the instance of the accused to his detriment. Therefore, the first ground on which transfer is sought, is liable to be rejected,” it said.
The bench noted that the second ground on which transfer is sought is that 7 out of 10 accused persons are residents of Kerala. “But this can hardly be a ground for ordering the transfer of investigation. Similarly, the third ground that a majority of witnesses are also from Kerala/south India is also no ground to order the transfer of the complaint,” it held.
The ED had contended that Sherif had received huge amounts of money in his bank accounts through suspicious transactions.
The Lucknow court had framed charges against Kerala-based journalist Siddique Kappan and six others in the PMLA case in December 2022. In October 2020, Kappan was arrested with three others on their way to Uttar Pradesh’s Hathras to report on the alleged gang rape and killing of a 19-year-old woman.

Besides Kappan, the other accused in the case is Sherif and others. Sherif claimed that he was the General Secretary of Campus Front of India, which is now banned as an unlawful association, vide notification issued by the Union of India, Ministry of Home Affairs dated September 27, 2021 under Section 3 of the Unlawful Activities (Prevention) Act, 1967
[ad_2]
#junks #PFI #student #wing #leaders #plea #PMLA #case #transfer #Ernakulam
( With inputs from www.siasat.com )

April 10, 2023
Varanasi: SC to hear plea for ‘Wuzu’ at Gyanvapi mosque on April 14

[ad_1]
New Delhi: The Supreme Court on Monday agreed to examine on April 14, a plea for alternative arrangement for ‘wuzu’ for worshippers at Gyanvapi mosque, Varanasi. The plea said that due to Ramazan, the number of worshippers have increased.
Senior advocate Huzefa Ahmadi mentioned the matter on behalf of Muslim side before a bench headed by Chief Justice of India D.Y. Chandrachud.
The bench told Ahmadi that this is a procedural issue. The counsel requested the court to hear the matter on Monday and said “the water for wuzu is being used for a drum. There are more worshippers due to Ramazan.”

He further added that he is insisting because of Ramzan. However, the Chief Justice said it would be difficult for Justice Surya Kant, who was part of the earlier bench, to join for hearing. After hearing brief submissions, the bench said it will hear the matter on April 14.
In November last year, the apex court had extended the protection of the area inside Gyanvapi mosque, where a ‘Shivling’ was found, till further orders.
The top court had said the interim order passed in May 2022, in connection with the protection of the area inside Gyanvapi mosque where a ‘Shivling’ was found, during a survey, will remain in operation till further orders.
Committee of Management Anjuman Intezamia Masajid Varanasi, in its plea, contended the ablution area of the mosque where the “said object” has been found which, the petitioner maintains, is in fact a part of an old fountain. The plea further added that it was sealed by the district authorities and remains sealed till date, and the washroom alongside the same also remains sealed.
The plea contended that it has created inconvenience for the worshippers where they are deprived of the wuzukhana needed for offering namaz as well as the washroom. It pointed that the door to access the washroom was through the ablution area and the same remains sealed.

[ad_2]
#Varanasi #hear #plea #Wuzu #Gyanvapi #mosque #April
( With inputs from www.siasat.com )

April 10, 2023
Delhi HC to hear Monday Sharjeel Imam’s bail plea in sedition case

[ad_1]
New Delhi: The Delhi High Court will on Monday hear a plea by JNU student Sharjeel Imam seeking bail in connection with a 2020 riots case involving allegations of sedition.
The case, which assails a January 24, 2022 order by the trial court dismissing Imam’s bail application in the matter, is listed for hearing before a bench of Justices Siddharth Mridul and Talwant Singh.
On January 30, the court had sought to know the stand of the city police as to whether Imam’s plea for bail could be remanded back to the trial court for adjudication as there was no ground mentioned in the lower court’s order rejecting the relief.

The bench had 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 framed charges against Imam under sections 124A (sedition), 153A (promoting enmity), l53B (imputations prejudicial to national integration), 505 (statements conducing to public mischief) of the IPC and section 13 (punishment for unlawful activities) of the Unlawful Activities Prevention Act.
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 allegedly 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, i.e. 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.

[ad_2]
#Delhi #hear #Monday #Sharjeel #Imams #bail #plea #sedition #case
( With inputs from www.siasat.com )

April 9, 2023
Umesh Pal murder: MP/MLA court rejects anticipatory bail plea of Shaista Parveen

[ad_1]
Prayagraj: An MP/MLA court on Thursday rejected the anticipatory bail application of Shaista Parveen, an accused in the Umesh Pal murder case and wife of gangster-turned-politician Atiq Ahmed.
MP/MLA court judge Dinesh Chandra Shukla rejected the application of Parveen after hearing both the sides and considering the circumstances and seriousness of the case, government counsel Gulab Chand Agrahari said.
On February 24, Umesh Pal’s security policemen Raghavendra Singh and Sandeep Nishad were gunned down. The next day, an FIR was registered against Atiq Ahmed, Shaista Parveen, Ashraf, Guddu Muslim, Ghulam and nine other people at the Dhoomanganj police station on the complaint of Jaya Pal, wife of Umesh Pal.

The special court had on March 28 sentenced Atiq Ahmed, Dinesh Pasi and Khan Shoulat Hanif to rigorous life imprisonment in the 17-year-old case of kidnapping of Umesh Pal, the main witness of the BSP MLA Raju Pal murder case.
The court had acquitted seven people, including Atiq Ahmed’s brother Ashraf, in this case due to lack of evidence.
A charge sheet was filed against 11 people, out of whom one died during trial.
Subscribe us on

[ad_2]
#Umesh #Pal #murder #MPMLA #court #rejects #anticipatory #bail #plea #Shaista #Parveen
( With inputs from www.siasat.com )

April 7, 2023
Delhi HC permits ex-PFI chairman to withdraw plea for medical release

[ad_1]
New Delhi: The Delhi High Court on Thursday permitted former Popular Front of India (PFI) Chairman Erappungal Abubacker to withdraw his plea seeking bail on grounds of ill health.
A division bench of Justices Siddharth Mridul and Purushaindra Kumar Kaurav allowed Abubuacker to approach the trial court for relief.
Abubacker’s counsel Adit Pujari, sought leave to withdraw the plea from the high court with the liberty to approach the trial court in view of the fact that the NIA has already filed the charge sheet in the matter.

“Leave and liberty granted and we have not expressed any opinion on the matter,” the court said.
Counsel for National Investigation Agency (NIA) said that Abubacker cannot be released only on medical grounds and that the merit has to be argued.
Abubacker is lodged in the national capital’s Tihar jail under the Unlawful Activities (Prevention) Act case.
On March 13, the High Court directed the medical superintendent of the All India Institute of Medical Science (AIIMS) to file Abubacker’s MRI reports conducted on January 29, on or before the next date of hearing.
On February 2, the court granted time to the NIA to file a response to an application moved by Abubacker challenging the order of a special judge rejecting his bail application on medical grounds.

During the last hearing, the counsel for NIA had submitted that a medical report has been submitted by the Tihar Jail.
To this, the court responded that it is not on record. “You’ll have to place it on record. We’ll assume that the report says you’re alright! This house arrest we are not permitting,” the court had said.
Abubacker was arrested by the NIA on September 22, 2022, and charged under the provisions of the UAPA.
He has been in judicial custody since October 6, 2022. He was active in organisations like the Ideal Students League, Jamaat-e-Islami, and the Students Islamic Movement of India (SIMI).
According to Abubacker, he is suffering from multiple ailments, including a rare type of oesophagus cancer, Parkinson’s disease, hypertension, diabetes, and loss of vision.
[ad_2]
#Delhi #permits #exPFI #chairman #withdraw #plea #medical #release
( With inputs from www.siasat.com )

April 6, 2023
SC shuts contempt plea against Delhi police in hate speech case

[ad_1]
New Delhi: The Supreme Court on Thursday closed activist Tushar Gandhi’s contempt plea against the Delhi Police after taking note of submissions that a charge sheet in a case of hate speeches made at religious assemblies in the national capital in 2021 was filed in a court here.
A bench comprising Chief Justice D Y Chandrachud and Justice J B Pardiwala considered the submissions of Additional Solicitor General K M Nataraj, appearing for the Delhi Police, that a charge sheet after conclusion of the investigation was filed in a court of the Metropolitan Magistrate here on April 4.
“In view of the filing of the charge sheet, it is not expedient in the interest of justice to continue with the present contempt petition,” the bench said.

The bench refused to direct Delhi police that a copy of the charge sheet be made available to Gandhi, who is not part of the proceedings before the trial court.
“Now the charge sheet is filed, our role has come to an end,” the bench said, adding that now the proceedings in the trial court will be conducted as per the Code of Criminal Procedure (CrPC).
Earlier, the Delhi Police had said the investigation into the case was at an advanced stage and a probe report will be filed shortly.
Nataraj had said that the police were expecting a Forensic Science Laboratory report on voice samples of the accused and the charge sheet will be filed after that.
The hate speech case is related to a Hindu Yuva Vahini event organised in Delhi under the leadership of Suresh Chavhanke, the editor of ‘Sudarshan News’, in December 2021.

Lawyer Shadan Farasat, appearing for activist Gandhi, had said the police did not take any concrete steps to prevent such hate speeches.
The apex court had on January 13 posed a volley of questions to the Delhi Police over the delay in registration of FIR and “no palpable progress” in the investigation of a case of hate speeches made at religious assemblies in the national capital in 2021 and sought a report from the investigating officer.
The top court was hearing a contempt petition filed by Gandhi alleging inaction by the Uttarakhand Police and Delhi Police in alleged hate speech cases.
On November 11 last year, the bench had discharged the Uttarakhand government and its police chief from a list of parties to the contempt plea.
The contempt petition was filed seeking punishment for the police chiefs of Delhi and Uttarakhand for their alleged inaction in the cases in violation of the apex court judgement in the Tehseen Poonawala case.
In the judgement, the top court had laid down guidelines as to what action needed to be taken in hate crimes, including mob lynching.
In his petition, the activist sought contempt action against senior police officers for not taking any steps in accordance with the top court’s guidelines meant to curb hate speeches and mob lynching.
The plea claimed that immediately after the events took place, the speeches were available in public domain, still the Uttarakhand Police and the Delhi Police did not act against the offenders.
The hate speeches were made at the ‘dharma sansad’ held in Haridwar from December 17 to 19, 2021 and in Delhi on December 19, 2021, the petition alleged.
[ad_2]
#shuts #contempt #plea #Delhi #police #hate #speech #case
( With inputs from www.siasat.com )

April 6, 2023
SC declines another plea against renaming Aurangabad city

[ad_1]
New Delhi: The Supreme Court on Wednesday refused to entertain a petition challenging the Maharashtra government’s decision to rename Aurangabad city as ‘Chhatrapati Sambhaji Nagar’.
A bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala declined to entertain the plea saying a similar matter is pending before the Bombay High Court.
“The Bombay High Court is currently seized of the proceedings which now stands to April 24. We are not inclined to entertain this special leave petition,” the bench said.

“Whether we like it or not, this lies in the democratic arms of the government,” said CJI Chandrachud.
“Who are we to change the name of a road or a place? It is for the elected executive to decide,” he added.
On March 24, the apex court declined to entertain a similar plea as the High Court is seized of the matter.
In a letter dated March 4, 2020, the Aurangabad divisional commissioner proposed that the city’s name be changed to Chhatrapati Sambhaji Nagar.
Last month, the central government approved the renaming of Maharashtra’s Aurangabad and Osmanabad districts as Chhatrapati Sambhaji Nagar and Dharashiv, respectively.

Maharashtra Deputy Chief Minister Devendra Fadnavis welcomed the decision and said that the state government under the leadership of Chief Minister Eknath Shinde has “demonstrated” its resolve.
“‘Chhatrapati Sambhajinagar’ of Aurangabad, ‘Dharashiv’ of Osmanabad! The central government approves the decision of the state government! Hon. Prime Minister Narendra Modiji and Union Minister Hon. Many thanks to Amitbhai Shah! The government under the leadership of Chief Minister Eknath Shinde ji has ‘demonstrated’…!” he said in a tweet.
[ad_2]
#declines #plea #renaming #Aurangabad #city
( With inputs from www.siasat.com )

April 5, 2023
‘Misuse of central agencies’: SC refuses to entertain plea of 14 parties

[ad_1]
New Delhi: The Supreme Court on Wednesday refused to entertain a plea by 14 parties, led by the Congress, alleging arbitrary use of central probe agencies against opposition leaders and seeking guidelines for the future.
A bench comprising Chief Justice D Y Chandrachud and Justice J B Pardiwala said that “laying down general guidelines without having relation to facts of a case will be dangerous”.
Sensing the disinclination on the part of the top court in entertaining the plea, senior advocate A M Sighvi, appearing for the political parties, sought permission to withdraw the petition.

“Learned counsel seeks permission to withdraw the plea at this stage. The petition is accordingly dismissed as withdrawn,” the bench ordered.
“You please come back to us when you have an individual criminal case or group of cases,” the bench said.
The plea alleged an alarming rise in the use of coercive criminal processes against opposition political leaders and other citizens exercising their fundamental right to dissent.
Besides the Congress, the parties that are part of the joint move are the DMK, RJD, BRS, Trinamool Congress, AAP, NCP, Shiv Sena (UBT), JMM, JD(U), CPI(M), CPI, Samajwadi Party and the J-K National Conference.

[ad_2]
#Misuse #central #agencies #refuses #entertain #plea #parties
( With inputs from www.siasat.com )

April 5, 2023
Kerala HC seeks police’s stand on Asianet plea claiming harassment by the force

[ad_1]
Kochi: The Kerala High Court on Tuesday sought the stand of the police on a plea by prominent Malayalam news channel Asianet, which has alleged harassment by the force in connection with some anti-drug use news it had telecasted.
Justice N Nagaresh, after a preliminary hearing of the matter, directed the State police chief and other officials to inform the court about their stand regarding the allegations made in the petition of the channel.
The court also asked the news channel to file a separate affidavit regarding the harassment allegedly faced by it the police after it filed the petition last Friday.

Asianet, in its plea, has alleged that the news organisation and its employees were being harassed for having launched a campaign against drug abuse in the state, particularly among children.
It has alleged that the police was “acting in accordance with their political masters” and its employees “are being harassed, ill-treated and humiliated” by the force despite the court’s earlier orders to provide protection to the channel’s offices.
In its plea, it has said that after noticing the alarming spike in drug use among children, it decided to conduct a study and research on the issue, following which it published an interview with a victim of drug abuse.
Thereafter, in November last year, it began a campaign, ‘Narcotics is a dirty business’, coinciding with the state government’s efforts to fight drug abuse in Kerala, the petition has claimed.
As part of its news series on the issue, “one of the earlier news stories regarding drug abuse by children was revisited using file shots,” it has said.

“Pursuant to the telecast of the series against the abuse of narcotic drugs, on March 3 a group of nearly 30 SFI activists violently and forcefully trespassed into the office and studio floor of the news channel’s Kochi regional office, shouting slogans, and intimidated the staff..,” it has further claimed.
A case was registered by police against identifiable SFI activists and some were arrested and released on bail, it has said.
Subsequently, Asianet had moved the High Court seeking protection against any violent attack, the petition has said.
The court had on March 8 directed the police to provide adequate protection to offices of Asianet.
Regarding the SFI’s trespassing into Asianet’s Kochi office, Kerala Chief Minister Pinarayi Vijayan had said in the State Assembly that the pro-left student wing had organised a protest march to the channel’s office against the making of an allegedly fake video using a minor girl.
The video content amounted to spreading the misapprehension that government schools in the state were in the grip of drugs, the CM had said.
[ad_2]
#Kerala #seeks #polices #stand #Asianet #plea #claiming #harassment #force
( With inputs from www.siasat.com )

April 4, 2023
Hindu front for Justice Trust moves plea in SC over Ram Navami violence

[ad_1]
New Delhi: Taking note of violence at a large scale that took place in different parts of the country during the Ram Navami festival, Hindu Front for Justice Trust moved an application in Supreme Court seeking to direct the concerned State governments to determine the loss incurred by the persons who sustained injuries and lost their valuables in the attacks committed by miscreants in observing Ram Navami.
The plea was moved by Hindu front for Justice Trust through advocate Vishnu Shankar Jain. The application was filed in the ongoing petition dealing with hate speech.
The applicant mentioned about the large scale violence that took place in different parts of the country, namely, at Howrah and Uttar Dinajpur (West Bengal), Sasaram and Nalanda (Bihar), Hyderabad (Telangana), Aurangabad (Maharashtra), Vadodara (Gujarat) and Jamshedpur (Jharkhand).

“The Muslim mob attacked, committed arsons, damaged the vehicles, pelted stones, assaulted Hindu devotees taking out the religious processions ie Shobha Yatra of Lord Ram,” the applicant said and cited various hate crimes were committed on Ram Navami Day ie March 30.
The applicant mentioned the speech of West Bengal Chief Minister Mamata Banerjee and submitted, “West Bengal Chief Minister Mamata Banerjee had warned the members of Hindu community for taking out any procession from Muslim denominated areas as some area of the State has been earmarked only for Muslims and nobody can enter there.”
The applicant submitted that it is constitutionally permissible for Hindus to take out religious procession maintaining law and order situation through public road, irrespective of the fact as to which community resides in that area. The warning given by Chief Minister shows her partisan attitude in favour of Muslim Community, the applicant said.
Therefore, Hindu front for Justice Trust, sought to direct the the concerned State governments to recover the loss caused to the persons committed in connection with Ram Navami festival from miscreants after due verification, the plea said.
Hindu front for Justice Trust, in the application also sought to direct the State governments to take preventive measures so that in future the incident of attacks or disturbing the Shobha Yatra on Ram Navami festival and other festivals may not take place.

The Trust also sought direction to the State governments to allow Hindu devotees to take out processions in peaceful manner from public road and such request be not rejected only on the ground that area in question is a Muslim dominated area.
The applicant submitted that the members of the Muslim Community in order to create disharmony committed Hate Crimes by pelting stones at procession and also hiring hoodlums to attack the innocent devotees out of sheer hatred against Hindus.
The applicant submitted that the respective State government have failed to maintain law and order position and to protect the people’s right to worship and celebrate religious function in peaceful manner.
It further sought to direct the State governments to provide full protection to the processions taken out on Ram Navami Day or other religious processions by Hindus.
The applicant sought to direct the Chief Secretaries of the concerned State governments to submit report regarding the causes which led to mob attacks and violence committed on Shri Ram Shobha Yatra on March 30, 2023.
The applicant also sought to direct the respective State governments to register FIR into the incidents occurred on March 30 and initiate criminal proceedings against the culprits.
Hindu front for Justice Trust also sought to direct the State governments to comply with the guidelines issued in case of Tehseen Poonawalla vs Union of India to prevent hate crimes.
[ad_2]
#Hindu #front #Justice #Trust #moves #plea #Ram #Navami #violence
( With inputs from www.siasat.com )

April 4, 2023