Tag: sanction

Absence of sanction in charge sheet under UAPA no ground for default bail: SC

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New Delhi: The Supreme Court on Monday said that an accused in an UAPA case cannot seek default bail on the ground that the charge sheet filed within the stipulated time period was incomplete due to absence of valid sanction from competent authority.
A bench, comprising Chief Justice of India D.Y. Chandrachud and Justice J.B. Pardiwala, noted that the maximum period of 180 days, which is being granted to the investigating agency to complete the investigation for prosecution for an offence under the Unlawful Activities (Prevention) Act (UAPA), is not something in the form of a package that everything has to be completed, including obtaining of sanction, within this period of 180 days.
It said the investigating agency has nothing to do with sanction and sanction is altogether a different process — accorded, based on the materials collected by the investigating agency which forms the part of the final report under Section 173 of the CrPC.

“The investigating agency gets a full 180 days to complete the investigation. To say that obtaining of sanction and placing the same along with the charge sheet should be done within the period of 180 days is something which is not only contrary to the provisions of law…. but is inconceivable,” said Justice Pardiwala, who authored the judgment on behalf of the bench.
The bench said the evidence collected by the investigating agency in the form of charge sheet is thoroughly looked into and thereafter, the recommendations are made. The investigating agency gets a full 180 days to complete the investigation and file its report before the competent court in accordance with Section 173(2) of the CrPC, it said.
Justice Pardiwala said: “If we accept the argument canvassed on behalf of the appellants, it comes to this that the investigating agency may have to adjust the period of investigation in such a manner that within the period of 180 days, the sanction is also obtained and placed before the court. We find this argument absolutely unpalatable.”
The bench observed that this court was of the firm view that if on either the 61st day or the 91st day, an accused makes an application for being released on bail in default of charge sheet having been filed, the court has no option but to release the accused on bail.
“However, once the charge sheet was filed within the stipulated period, the right of the accused to statutory/default bail came to an end and the accused would be entitled to pray for regular bail on merits,” it noted.

The apex court dismissed a plea by Judgebir Singh alias Jasbir Singh and others challenging the Punjab and Haryana High Court’s judgment, rejecting their contention for default bail due to absence of valid sanction in the charge sheet.
The bench said it is evident that the order of sanction passed by the competent authority can be produced and placed on record even after the filing of the charge sheet. It said that it may happen that the inordinate delay in placing the order of sanction before the special court may lead to delay in trial because the competent court will not be able to take cognisance of the offence without a valid sanction on record.
“In such an eventuality, at the most, it may be open for the accused to argue that his right to have a speedy trial could be said to have been infringed, thereby violating Article 21 of the Constitution. This may at the most entitle the accused to pray for regular bail on the ground of delay in trial. But the same cannot be a ground to pray for statutory/default bail under the provisions of Section 167(2) of the CrPC,” said Justice Pardiwala.
He said that Rule 3 of the Rules 2008 makes it explicitly clear that the authority under sub section (2) of Section 45 of the UAPA is obliged in law to apply its mind thoroughly to the evidence gathered by the investigating officer and thereafter, prepare its report containing the recommendations to the Central government or the state government for the grant of sanction.
“The grant of sanction is not an idle formality. The grant of sanction should reflect proper application of mind,” he said.
The bench noted that according sanction is the duty of the sanctioning authority who is not connected with the investigation at all and in case, the sanctioning authority takes some time to accord sanction, that does not vitiate the final report filed by the investigating agency before the court.
“Section 173 of the CrPC does not speak about the sanction order at all. Section 167 of the CrPC also speaks only about investigation and not about cognisance by the Magistrate. Therefore, once a final report has been filed, that is the proof of completion of investigation and if final report is filed within the period of 180 days or 90 days or 60 days from the initial date of remand of accused concerned, he cannot claim that a right has accrued to him to be released on bail for want of filing of sanction order,” said the bench.
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( With inputs from www.siasat.com )

May 1, 2023
Karnataka HC dismisses Shivakumar’s petition challenging sanction to prosecute him

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Bengaluru: The High Court of Karnataka on Thursday dismissed the petition by state Congress president D K Shivakumar challenging the sanction given by the State Government to the Central Bureau of Investigation (CBI) for prosecuting him.
Following a request by the central agency, the State Government had given the sanction on September 25, 2019, based on which it had filed an FIR against him on October 3, 2020.
Shivakumar had challenged both the sanction and the FIR in two separate petitions before the High Court.

The court had earlier this week reserved its judgment on the petition challenging the sanction.
On Wednesday, it had adjourned the hearing of the other petition challenging the FIR to May 30. On Thursday evening, the single-judge bench of Justice K Natarajan dismissed the petition challenging the sanction.
The Income Tax Department had conducted a search and seizure operation in the offices and residence of Shivakumar in 2017. Based on it, the Enforcement Directorate (ED) started its own probe against Shivakumar. Following the ED investigation, the CBI sought sanction from the State Government to file an FIR against him.
Shivakumar had challenged the sanction on grounds that this was a politically motivated FIR, and three earlier FIRs have already been filed against him in relation to disproportionate income.
Since he was an MLA, the permission of the Speaker of the Assembly had to be obtained which was not done in this case. The Government had also not mentioned the reasons for granting the sanction.

The CBI had objected to the petition stating that the accused cannot demand which agency should conduct investigation against him.
It argued that since the CBI was enacted under a special act, there was no need to mention the reasons to grant sanction for prosecution.
It was claimed that 90 per cent of the investigation was complete. The CBI had also submitted a status report on the investigation to the court. Since it was a special case related to disproportionate income the petition was sought to be dismissed.
Shivakumar has been charged under Section 13(2), Section 13(1)(e) of the Prevention of Corruption Act.
While the High Court dictated the dismissal of Shivakumar’s petition on Thursday evening, the copy of the judgment is awaited.
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#Karnataka #dismisses #Shivakumars #petition #challenging #sanction #prosecute
( With inputs from www.siasat.com )

April 20, 2023
Directorate Of H&H Kashmir Gets Sanction For Raw Wool, Pashmina Marketing

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SRINAGAR: The Central Wool Development Board, Ministry of Textiles, Government of India has sanctioned two projects to Directorate of Handicrafts and Handloom Kashmir for marketing of raw wool and pashmina with the project cost of Rs. 51 Lakh and 200 Lakh respectively.
The project aims in recognizing the economic and cultural importance of Wool and Pashmina in providing livelihood opportunities to the lakhs of herders, artisans and traders across Kashmir and Ladakh regions.
Jammu and Kashmir is the largest producer of fine wool in the country with the production of 7.6 million Kgs of wool in 2020-21 held a share of 19% in the total wool production in the country.
“In absence of wool processing facilities, almost the entire quantity of wool produced in Jammu and Kashmir is exported to neighboring states for processing and value addition which, thereafter, is imported back into J&K at enhanced rates”, said an official spokesperson.
The project proposes to create much needed Wool Bank in the Kashmir besides it aims to provide critical marketing support for stakeholders associated with the production and processing of wool by making it readily available at standard prices, he stated.
Similarly, despite pashmina’s superior quality, the low market share and general market fluctuations render it difficult and less profitable to compete in international market.
The project will streamline the value chain of pure Pashmina products, identify suitable technologies for better value addition and development of diversified products from Pashmina fiber, he added.
Citing the sanction of projects as a major achievement, the Director H&H Kashmir said that the projects are anticipated to increase in high value products, increase in artisans taking up Pashmina and Wool as their livelihood besides there will be round the year accessibility to raw material processing facilities for artisans and other stakeholders at the domestic level.(GNS)

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( With inputs from : kashmirlife.net )

March 24, 2023
Iran says oil exports reach highest level since US reimposed sanction

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Tehran: Iranian Oil Minister Javad Owji has said the country’s crude exports have reached the highest level since the reimposition of US sanctions in 2018, state media reported.
Owji on Sunday added that Iran’s crude exports have increased by 83 million barrel from the beginning of the current Iranian calendar year, which started on March 21, 2022, to February 19, 2023, compared to the same period in 2021-2022, reported the official news agency IRNA.
It also showed a 190-million-barrel increase from the same time span in 2020-2021, he said, without revealing the exact number of Iran’s total crude exports, Xinhua news agency reported.
The Iranian oil Minister claimed that the country’s gas exports have witnessed a year-on-year rise of 15 per cent in the current Iranian calendar year, noting that Iran has raked in $6.5 billion from its liquefied petroleum gas exports since March 2022.
In May 2018, the US intensified its sanctions on Iran, mainly targeting the country’s oil exports and banking sector, following its unilateral withdrawal from a 2015 nuclear deal, formally known as the Joint Comprehensive Plan of Action (JCPOA).
The talks on the JCPOA’s revival began in April 2021 in Vienna. No breakthrough had been achieved after the latest round of talks in early August 2022.
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#Iran #oil #exports #reach #highest #level #reimposed #sanction

( With inputs from www.siasat.com )

March 13, 2023
U.S., U.K. sanction Russian hackers in ransomware attacks

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Geopolitical links: In addition, Trickbot was linked by IBM last year to cyberattacks in 2022 tied to the war aimed at both the Ukrainian government and private sector groups and, according to the Treasury Department, have also allegedly targeted the U.S. government and U.S. companies.
“The United States and the U.K. are leaders in the global fight against cybercrime and are committed to using all available tools to defend against cyber threats,” Secretary of State Antony Blinken said in a statement Thursday. “As Russia’s illegal war against Ukraine continues, cooperation with our allies and partners is more critical than ever to protect our national security.”
British attacks: The U.K.’s National Crime Agency identified almost 150 British victims of ransomware linked to Russian cybercriminal groups. And the action taken Thursday is part of an effort to shut down ransomware attacks aimed at the U.K., which are classified there as a “tier 1 national security threat.”
British Foreign Secretary James Cleverly said in a statement Thursday that “by sanctioning these cyber criminals, we are sending a clear signal to them and others involved in ransomware that they will be held to account.”
Past disruption efforts: The hackers associated with Trickbot have continued their activities despite Microsoft taking action in 2020 ahead of the U.S. presidential election to disrupt the group through actions including suspending IP addresses. Whether the new sanctions will be able to permanently damage the group remains unclear.
“These sanctions will likely cause disruption to the adversary’s operations while they look for ways to circumvent the sanctions,” Adam Meyers, head of threat intelligence at cybersecurity group CrowdStrike, said in a statement Thursday. “Often, when cybercriminal groups are disrupted, they will go dark for a time only to rebrand under a new name.”
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#U.S #U.K #sanction #Russian #hackers #ransomware #attacks
( With inputs from : www.politico.com )

February 9, 2023
Not looking to sanction India for buying Russian oil: US

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New Delhi: US Assistant Secretary of State for European and Eurasian Affairs Karen Donfried on Wednesday said the US is comfortable with the approach India has taken in buying oil from Russia and added that her country is not looking to sanction New Delhi as the relations between the two countries are most consequential.
Donfried was responding to a question during a telephone conference on India purchasing oil from Russia and said, “we are not looking to sanction India. Our relationship with India is the most consequential relationship.”
She also welcomed India’s support for the people of Ukraine by providing humanitarian assistance and a call by India for an immediate end to Russia’s unprovoked war against Ukraine.
While responding to a media query regarding India buying oil from Russia, a US official said, “By end of the decade Russia’s oil and gas will decline by 50 per cent. We do not believe that sanction policy to have universal hearings. We are comfortable with the approach India has taken. We are already seeing results in the budget deficit that Russia has reported.”
Adding further, Donfried mentions, “We welcome PM Modi’s assertion that today’s era is not of war and his comments at the Nov 2022 G20 Summit in Bali calling for dialogue & diplomacy. India’s leadership role right now in G20 is commendable.”
US Assistant Secretary for Energy Resources Geoffrey Pyatt expressed that the energy security agenda that India and US are pursuing together is particularly important in light of what Russian President Vladimir Putin has done over the past year to disrupt global energy markets.
“By weaponizing Russia’s oil and gas resources, Russia has demonstrated that it will never again be a reliable energy supplier. It also caused a short spike in global oil and gas prices which continue to ripple around the world,” he mentioned.
The US Asst Secy for Energy Resources believes even though India isn’t a participant in the price caps, it has effectively used its negotiating leverage which it derives from the price cap and the fact that large portions of the global market are no longer accessible to Russia, to drive down price of Russian crude.

Responding to a media query regarding Russia being the single largest supplier to India, Pyatt said, “US crude production continues to grow to reach a new record in 2024. The important role of US LNG and minister Hardeep Puri said in Bangalore that we have shared resources and minimized role in carbon footprint, India was one of the top ten markets for US LNG.”
Donfried said that we are coming to the one-year anniversary of Russian aggression on Ukraine. “Ukraine did nothing to provoke this war. Putin expected a quick victory but underestimated the Ukrainian people. It is unjustified and illegal,” she said.
She said that the US put sanctions on Russia to target Putin to stop the war. It is, however clear that Putin is not interested in diplomacy.
“Russia alone can end this war today. My boss US Secretary of State Antony Blinken said that if Russia stopped fighting, the war will end but if Ukraine stops fighting then Ukraine will end. If Putin wins it would mean defeat for Ukraine and for all of us. I continue to be inspired by the people of Ukraine,” Donfried said.
She said we welcome India’s support to Ukraine by providing humanitarian assistance.
Geoffrey R. Pyatt during the conference said that US and India have so much to contribute in energy efforts. “Energy security agenda is particularly important,” Pyatt said.
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#sanction #India #buying #Russian #oil
( With inputs from www.siasat.com )

February 9, 2023