Tag: plea

Court Rejects Bail Plea By Conman

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SRINAGAR: A court here on Thursday dismissed bail plea of man from Gujarat, Kiran Patel, who conned the security establishment in Jammu and Kashmir into believing him to be a PMO official and got the requisite perks prior to his arrest earlier this month.
Having reserved the order on Monday after hearing the arguments of the counsel representing Patel and additional public prosecutor, the court of Chief Judicial Magistrate (CJM) Srinagar Raja Mohammad Tasleem found the bail plea “devoid of any merit”.
“I am of the considered opinion that arguments advanced by APP are just, proper and appealing and carries much weight and on the other hand I respectfully disagree with the submission put forth by Counsel for the applicant (Patel) because in case at this stage discretion of bail is exercised in favour of the accused it shall definitely destroy the very fabric of the investigation,” the court said as per the order, a copy of which lies with the news agency GNS. “Resultantly, in my considered opinion the instant application is devoid of any merit which deserves to be rejected, hence rejected.”
Kiran Patel, the alleged imposter hailing from Gujarat posed as an additional director (strategy and campaigns) in the Prime Minister’s Office and enjoyed many perks, including a bulletproof car and security cover besides other hospitality. Kiran Patel was on his third visit to the Kashmir Valley when he was nabbed by security officials from a five-star hotel in Nishat area of Srinagar on March 2.
Police has ruled out any intelligence failure in the entire episode but blamed field officers for “lapse” with further avowal of action against those involved. “There has been a proper FIR in this case. See, when Srinagar police got information on March 2, a team headed by a senior IPS officer arrested him red handed. Fake visiting cards were recovered,” ADGP Kashmir Vijay Kumar (IPS) said recently. “Rigorous interrogation was done. He remained under police custody for 14 days. He is presently in judicial remand. He is in jail completely,” he had said, adding, “We are professionally carrying out investigation. We are taking help from Gujarat police and nobody will be spared”.
Asked about “clear cut” guidelines by MHA that no security should be given to anyone on verbal instructions, he had said, “The SOP is there from the beginning. Instructions come from time to time. Police should not provide security to anyone on verbal instructions. We don’t. The mistake which has happened is being looked into and action will be taken against the officer who has given instructions.”
Asked if it was an intelligence failure, the ADGP had responded in negative, saying “we cannot call it intelligence failure. There has been negligence at the field officer level and action will be taken.” (GNS)

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( With inputs from : kashmirlife.net )

March 23, 2023
Court Rejects Bail Plea By Conman

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Srinagar, Mar 23: A court here on Thursday dismissed bail plea of man from Gujarat, Kiran Patel, who conned the security establishment in Jammu and Kashmir into believing him to be a PMO official and got the requisite perks prior to his arrest earlier this month.
Having reserved the order on Monday after hearing the arguments of the counsel representing Patel and additional public prosecutor, the court of Chief Judicial Magistrate (CJM) Srinagar Raja Mohammad Tasleem found the bail plea “devoid of any merit”.
“I am of the considered opinion that arguments advanced by APP are just, proper and appealing and carries much weight and on the other hand I respectfully disagree with the submission put forth by Counsel for the applicant (Patel) because in case at this stage discretion of bail is exercised in favour of the accused it shall definitely destroy the very fabric of the investigation,” the court said as per the order, a copy of which lies with GNS. “Resultantly, in my considered opinion the instant application is devoid of any merit which deserves to be rejected, hence rejected.”
Kiran Patel, the alleged imposter hailing from Gujarat posed as an additional director (strategy and campaigns) in the Prime Minister’s Office and enjoyed many perks, including a bulletproof car and security cover besides other hospitality. Kiran Patel was on his third visit to the Kashmir Valley when he was nabbed by security officials from a five-star hotel in Nishat area of Srinagar on March 2.
Police has ruled out any intelligence failure in the entire episode but blamed field officers for “lapse” with further avowal of action against those involved. “There has been a proper FIR in this case. See, when Srinagar police got information on March 2, a team headed by a senior IPS officer arrested him red handed. Fake visiting cards were recovered,” ADGP Kashmir Vijay Kumar (IPS) said recently. “Rigorous interrogation was done. He remained under police custody for 14 days. He is presently in judicial remand. He is in jail completely,” he had said, adding, “We are professionally carrying out investigation. We are taking help from Gujarat police and nobody will be spared”.
Asked about “clear cut” guidelines by MHA that no security should be given to anyone on verbal instructions, he had said, “The SOP is there from the beginning. Instructions come from time to time. Police should not provide security to anyone on verbal instructions. We don’t. The mistake which has happened is being looked into and action will be taken against the officer who has given instructions.”
Asked if it was an intelligence failure, the ADGP had responded in negative, saying “we cannot call it intelligence failure. There has been negligence at the field officer level and action will be taken.” (GNS)

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( With inputs from : roshankashmir.net )

March 23, 2023
Pak court rejects FIA’s plea to cancel Imran Khan’s bail in prohibited funding case

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Islamabad: A Pakistani court on Wednesday rejected the country’s top investigating agency’s plea to cancel former prime minister Imran Khan’s bail in the prohibited funding case, a media report said.
Khan, the chief of the Pakistan Tehreek-e-Insaf (PTI) party was granted bail by an Islamabad-based banking court in a prohibited funding case.
The Federal Investigation Agency (FIA) in October last year filed a case in the banking court against Khan, 70, and other members of his party for allegedly receiving prohibited funding.
The prohibited funding case was filed by PTI’s estranged founding member Akbar S Babar in the Election Commission of Pakistan in 2014.
A two-member bench comprising Justice Mohsin Akhtar Kayani and Justice Tariq Mehmood Jahangiri conducted the hearing on the plea in the Islamabad High Court (IHC) on Wednesday, according to the Express Tribune newspaper.
The court also rejected the request to cancel the bail of co-accused Tariq Shafi, the report said.
The FIA filed an application in the IHC on February 28 against the banking court’s decision to grant bail to the PTI chief and appealed to the court to annul the decision as it was “against the law”.
In 2022, Pakistan’s Election Commission said the allegations of taking prohibited funds from overseas Pakistanis against Khan were proven.

It issued a new show-cause notice to PTI asking why these funds should not be confiscated.
During Wednesday’s hearing, FIA Special Prosecutor Rizwan Abbasi argued that Khan has not yet been interrogated by the agency in the case, and urged the court to cancel his bail, the report said.
IHC Chief Justice Mohsin Akhtar Kayani asked if the money laundering allegations in the FIR were against Arif Naqvi and Imran Khan or if PTI was the recipient of the funds.
The FIA counsel argued that Khan in a recent interview admitted that he received funds for charity purposes but used them for political activities, according to the report.
Justice Kayani inquired if the funds were used by a political party and then how they became personal belongings, it said.
Justice Kayani asked the FIA counsel to submit the letter from the State Bank of Pakistan that the investigation agency received during the investigation.
“You did not include the employee of the State Bank in the investigation. Changing the name of a bank account is not a crime. Has the State Bank taken any action to change the name or nature of the account?” the judge asked.
Khan, the cricketer-turned-politician, was granted interim bail by a special court in Islamabad after being shot during an assassination attempt in November last year.
He was ousted from power in April after losing a no-confidence vote in his leadership, which he alleged was part of a US-led conspiracy targeting him because of his independent foreign policy decisions on Russia, China, and Afghanistan.
Khan, who came to power in 2018, is the only Pakistani Prime Minister to be ousted in a no-confidence vote in Parliament.
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( With inputs from www.siasat.com )

March 22, 2023
Delhi riots accused objects in HC to intervention by media association in plea against leak

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New Delhi: Delhi riots accused Asif Iqbal Tanha on Tuesday objected to the “intervention” by a news broadcasters’ association in his plea before the Delhi High Court against the “leak” of his alleged “disclosure statement” in the case pertaining to the larger conspiracy behind the 2020 violence.
Counsel for News Broadcasters & Digital Association (NBDA) said the petition concerns a prayer for registration of FIR against journalists which would have ramifications and, being a well-recognised body, it wanted to assist the court in the matter by filing an intervention application.
Following the application, Justice Anup Jairam Bhambhani had earlier suggested his recusal from the matter on account of his “past association” with the body.
Senior advocate Siddharth Aggarwal, appearing for the petitioner, alleged that the association, which was “not interested” in the issue of broadcast of the alleged disclosure statement when a complaint was made to it, has now filed the intervention application to ensure that the eventuality of the judge’s recusal “must come true”.
He asserted there can be no “intervention” by a third person in a criminal matter and urged the court to consider the fact that the application was filed only when the petition, which was filed in 2020, travelled through six judges to reach before this court for adjudication.
“Notice is not for asking in criminal matters… this is not a PIL. I am espousing a personal cause. This is my grievance,” Aggarwal argued.
Counsel for NBDA as well as another media organisation, which is seeking a hearing in the case, said their applications were not for recusal of the judge but only intervention.
The counsel for the petitioner also said he was not seeking the recusal of the judge on account of any apprehension of bias.

Justice Bhambhani then said although “recusal should not come so easy”, he “has to have some comfort to decide the matter” and there should be no perception of bias.
“Recusal should not come so easy but there are higher considerations than deciding than A versus B… It is not actual bias but the perception of bias. Even deciding the application, I have to have the comfort level. I never get into a matter where I myself am not comfortable with my independence,” said Justice Bhambhani.
Aggarwal said instances where applications are filed with the “knowledge” about a judge’s “predisposition” in relation to not hearing certain matters should be dealt with an “iron hand”.
Additional Solicitor General Sanjay Jain, who appeared for Delhi Police, said the present case was not a “criminal matter as such” and the media organisations have a legitimate interest in its outcome.
He said the issue of recusal pertained to the judge’s “conscience” and “nobody has to persuade” him on that issue as there was no application for recusal from any party.
“There is a party your lordship has represented earlier (as a lawyer)… This (recusal) is your lordship’s own judgement,” Jain said.
Senior counsel for Tanha has earlier argued that the application for intervention was an “attempt to overreach the institution” after Justice Bhambhani suggested sending the plea to another judge on account of his “past association” with NBDA.
The senior counsel had then said that he would assist the court on the law of recusal, adding “This is the dirty tricks department at its worst and if we do not stand up to this, I think we are making it far too easy for people to do this exercise”.
Tanha had moved the high court in 2020 against certain media houses disseminating his alleged admission of his guilt before filing of cognisance was taken by the trial court.
In his petition, Tanha has said he was aggrieved by various publications reporting that he has confessed to orchestrating the Delhi riots and alleged that he was coerced to sign certain papers in the effective custody of the police.
He has contended that the action of two media houses in placing contents from charge sheet in the media violated the programme code.
Tanha, who was arrested in May 2020, was released from jail in June 2021 after the high court granted him bail in the riots case on larger conspiracy.
In its status report filed the case, the police said that while the inquiry could not establish how the details of the investigation were shared with the media, no prejudice was caused to Tanha in his exercise of the right to a free and fair trial.
Tanha’s counsel has earlier argued before the high court that the internal inquiry conducted by the police into the leak was an “eyewash”.
The matter would be heard next on April 12.
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( With inputs from www.siasat.com )

March 21, 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
Excise policy scam: Delhi HC’s notice to ED on bizman Abhishek Boinpally’s plea

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New Delhi: The Delhi High Court on Monday issued a notice to the Enforcement Directorate (ED) over Hyderabad businessman Abhishek Boinpally’s plea against the trial court’s order denying him bail in the alleged Delhi excise policy scam case.
Boinpally had moved the High Court on March 14.
Appearing for Boinpally, his senior counsel apprised the bench of Justice Dinesh Kumar Sharma that his client’s son’s admission is hanging as both the parents have to appear in the school these days.
The court then issued notice to ED while keeping the issue of maintainability open and listed the matter for the next hearing on April 12.
During the last hearing, Boinpally’s plea was opposed by the ED saying that it lacks maintainability.
Boinpally’s counsel had contended that his client is in custody since October 2022.
Boinpally was a Director of Anoos Electrolysis & Obesity Pvt. Ltd, Anoos Health & Wellness Pvt. Ltd., Robin Distribution LLP, Agasti Ventures, SS Mines & Minerals, Master Sand LLP, Neoverse Realty Pvt. Ltd., Zeus Networking Pvt. Ltd and Valuecare Esthetic Pvt. Ltd.
On February 16, four others — Vijay Nair, Sarath Chandra Reddy, Sameer Mahendru and Benoy Babu — were also denied bail by the Special Judge, Rouse Avenue Courts, M.K. Nagpal, who held that the method adopted by the five of them for committing the offences under the Prevention of Money Laundering Act (PMLA) makes up for sufficient incriminating evidence.

As the ED has already made serious allegations of tampering evidence against them, the court had said that it will also be not possible to hold that the accused persons will not try to tamper with the evidence in the case if they are released on bail.
“Keeping in view the totality of facts and circumstances and the above discussion, this court is of the considered opinion that none of the applicants/accused deserves to be released on bail in this case at this stage of proceedings as the allegations made against them are quite serious and relate to commission of an economic offence of money-laundering defined by Section 3 and made punishable by Section 4 of the PMLA. Hence, their bail applications are being dismissed,” the court had said.
On March 16, a Delhi court extended another Hyderabad-based businessman Arun Ramchandra Pillai’s ED custody till Monday in the same case.
Special Judge M.K. Nagpal of the Rouse Avenue Courts had noted that the ED had gathered some new details after a confrontation with Butchi Babu Gorantla, Hyderabad-based chartered accountant, on March 15.
The probe agency has alleged that Pillai was involved in forming a cartel (now called South Group) of manufacturers, wholesalers and retailers which controlled more than 30 per cent of the liquor business in the national capital.
The ED named the cartel, South Group, which includes BRS leader K. Kavitha, Sarath Reddy, the promoter of Aurobindo Pharma, YSRCP MP from Ongole, Magunta Srinivasulu Reddy, his son Raghav Magunta and others.
The South Group was represented by Pillai, Boinpally and Butchi Babu, the agency has claimed.
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( With inputs from www.siasat.com )

March 20, 2023
Plea against upcoming movie ‘Adipurush’ dismissed as withdrawn

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New Delhi: A Delhi court has “dismissed as withdrawn” a plea seeking an injunction against the upcoming movie “Adipurush”.
Additional Senior Civil Judge Abhishek Kumar heard the arguments on behalf of the plaintiff, advocate Raj Gaurav, on the maintainability of the civil suit seeking an injunction at the pre-summons stage.
“The matter is listed for remaining arguments on behalf of the plaintiff…. However, at this stage, the plaintiff has submitted that he may be allowed to withdraw the case as the release of the movie has been postponed and it has come to his knowledge that the filmmakers are planning to make certain alterations and changes in the movie,” the judge said in an order passed on Saturday.
“In view of the statement, the present suit is dismissed as withdrawn,” the judge added.
The petitioner claimed that the film, starring Kriti Sanon, Prabhas and Saif Ali Khan, hurts the sentiments of Hindus by unwarranted and inaccurate depiction of Lord Ram and Lord Hanuman in its promotional video, and sought an ad interim stay on the movie in its present form along with a permanent injunction.
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( With inputs from www.siasat.com )

March 19, 2023
ED files caveat in SC on K Kavitha’s plea challenging summons against her

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New Delhi: The Enforcement Directorate (ED) has filed a caveat application in the Supreme Court on the Bharatiya Rashtra Samithi (BRS) MLC K Kavitha’s plea challenging the summons issued by the probe agency against her in connection to Delhi excise policy case.
A Caveat application is filed by a litigant to ensure that no adverse order is passed against them without being heard.
Kavitha, who is the daughter of Telangana Chief Minister K Chandrasekhar Rao, has approached the Supreme court saying that as per norms, a woman cannot be summoned for questioning before ED in office and her questioning should take place at her residence.
On March 15, the Supreme Court agreed to hear Kavitha’s plea challenging the summons of the Enforcement Directorate (ED) on March 24.
ED has asked the MLC to appear again before it on March 16, but she did not appear citing that her plea is pending in SC.
The court has agreed to hear her petition on March 24 in connection with a money laundering case related to the alleged irregularities in the Delhi excise policy case.
The advocate for Kavitha said that a woman is now being summoned by ED for questioning and that it is “completely against the law”.
Kavitha’s lawyer mentioned the plea before a bench headed by Chief Justice of India DY Chandrachud and sought an urgent hearing on her petitions. The court agreed to list it on March 24.

The court asked what was the urgency in the matter, and the lawyer replied that Kavitha has been asked to appear before ED tomorrow.
In a petition filed through advocate Vandana Sehgal, Kavitha has urged the top court to quash the ED summons dated March 7 and 11, stating that asking her to appear before the agency office instead of her residence is contrary to the settled tenets of criminal jurisprudence and thus, wholly unsustainable in law being violative of the Proviso to Section 160 of the Code of Criminal Procedure (CrPC), 1973.
She has also sought that all procedures carried out by ED, including those in relation to the recording of statements be audio or videographed in the presence of her lawyer at a visible distance inter-alia by way of installation of appropriate CCTV cameras.
She has also sought to set aside impounding order dated March 11, 2023, and declare the seizure made thereunder null and void.
In the petition, she said, “Despite the petitioner, Kavitha not being named in the FIR, certain members of the incumbent ruling political party at the centre made scandalous statements linking the petitioner to the Delhi Excise Policy and the said FIR.”
“The political conspiracy against the petitioner (K Kavitha) unfortunately did not end with judicial intervention by way of the Suit. The Enforcement Directorate filed a remand application qua one of the accused on November 30, 2022, before the concerned Court. This remand application contained the personal contact details of the petitioner. There was no rhyme or reason to include the personal contact details of the petitioner in a remand application which did not even concern the petitioner. The act is all the more egregious considering the petitioner is a lady,” BRS leader said.
“The subsequent events are extremely shameful and in the belief of the petitioner, were orchestrated by the Enforcement Directorate at the behest of the members of the incumbent ruling party at the centre, as part of a larger conspiracy against the petitioner,” she said.
K Kavitha further added that the said remand application containing the contact details of the Petitioner was leaked to the media and the public.
“The remand application was shared extensively over social media. Such an act is petty, illegal, and an unfortunate reflection upon the malicious conduct of the Enforcement Directorate in consonance with the political party in power at centre,” Kavitha said.
She also said that ED has also denied her request seeking to be examined at her residence, and the probe agency made a categorical statement that “there is no provision under the PMLA for the recording of statements at any persons’ residence”.
“That immediately thereafter on March 8, 2023, at 11:03 pm, the Petitioner sent an email asserting her rights to be examined at her residence. However, the Petitioner after reserving her rights intimated to the Respondent that she will appear before them on March 11, 2023,” Kavitha added.
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( With inputs from www.siasat.com )

March 19, 2023
Telangana HC rejects BJP MP Arvind’s plea in SC/ST atrocities case

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Hyderabad: The bench of Telangana High Court headed by chief justice Ujjal Bhuyan quashed Nizamabad MP Dharmapuri Arvind’s plea, seeking directions to drop a complaint lodged against him under the SC/ST Atrocities Prevention Act at the Nizamabad Police Station.
The judge ordered him to face trial in a case registered against him in Madannapet police station, by vacating its earlier order dated January 5, 2022, while directing the police to avoid taking any action against the MP.
D Arvind visited the Chanchalguda Central Jail in Hyderabad on October 31, 2021, to meet C Naveen Kumar alias Teenmar Mallanna. Later, speaking to media, he claimed the issue to be useless (lottapeesulu) and the complaint being filed as bogus SC/ST cases.
On January 2 this year, a social worker filed a complaint at Madannapet Police Station, alleging that Arvind had denigrated the SCs and STs by using the pejorative term ‘lottapeesulu’ (useless).
Following the complaint, a case under Section 3(1)(7) of SC, ST (Prevention of Atrocities), Act was registered, which is a non-bailable offence.
During an earlier hearing, the CJ advised the MP to be more careful during public meetings and restrain from uttering such words.
However, Arvind spoke about the bogus SC, ST cases registered against many persons, at the press conference and filed a criminal petition in the court seeking the quashing of the FIR.
Upon the request of the counsel of MP, the CJ kept the day’s order in abeyance for 30 days to enable the petitioner to avail alternate remedy.

To give the petitioner time to seek an alternative remedy, CJ Ujjal Bhuyan suspended the ruling for 15 days at the request of MP Arvind’s attorney.
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#TelanganaHC #rejects #BJP #Arvinds #plea #SCST #atrocities #case
( With inputs from www.siasat.com )

March 18, 2023
‘Discrimination in Shariat law’: SC to hear plea on equal property share to females

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New Delhi: The Supreme Court on Friday agreed to hear a plea filed by a Muslim woman who claimed the provision of Shariat law to the extent of not giving an equal share to a female compared to a male is “discriminatory” and violative of the rights guaranteed under the Constitution.
A bench of justices Krishna Murari and Sanjay Karol was hearing the appeal against the Kerala High Court’s January 6 order filed by Bushara Ali, who claimed that it is her grievance that being a daughter, according to Shariat Law, she was only allotted half the shares as of her male counterparts.
The bench issued notice to the petitioner’s 11 siblings which include four sisters.
The plea, filed through advocate Bijo Mathew Joy, said Bushara is a decree holder in a partition suit whereby according to a preliminary decree dated January 19, 1995, she was allotted 7/152 shares of the scheduled property having 1.44 acres each.
Joy said that a status quo has also been ordered by the apex court.
The plea filed by Bushara said, “Petitioner is aggrieved by the final decree passed by the trial court wherein the petitioner was only allotted 4.82 cents of property marked as plot D of advocate commissioner’s plan.”
Bushara said her father died intestate leaving behind his wife, seven sons and five daughters.
She said in her plea, “It is the grievance of the petitioner that in spite of guarantee of the Constitution, Muslim women are subjected to discrimination. Even though the preliminary decree dated January 19, 1995 was not challenged and had become final, petitioner begs to submit that the partition of the property as per Shariat Law is discriminatory and same needs to be set aside. The Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, to the extent of not giving equal share to a female compared to a male is violative of Article 15 of the Constitution and therefore void as per Article 13 of Constitution.”

The petition said that a similar issue is pending consideration before the court.
Referring to the 2017 verdict in triple talaq case, she said the 1937 Act is a pre-constitutional legislation which would fall directly within Article 13(1) of Constitution.
Article 13(1) states “all laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void”.
Bushara said she raised the objections against the advocate commissioner’s report and plan dated 2022 before the trial court but it was dismissed and the advocate commissioner’s plan was accepted and based on that, the property having an extent of 4.82 cents was allotted to petitioner.
“The High Court in First Appeal, without even looking into the records and without considering my aforesaid objections to the Commission report erroneously dismissed the appeal,” she said.
Bushara sought interim order from the apex court restraining her siblings from alienating 80.44 cents of scheduled property as per advocate commissioner’s report dated July 25, 2022.
(Except for the headline, the story has not been edited by Siasat staff and is published from a syndicated feed.)
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#Discrimination #Shariat #law #hear #plea #equal #property #share #females
( With inputs from www.siasat.com )

March 17, 2023