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Tag: Verdict

  • Owaisi slams Cong for decision to appeal 2008 Jaipur blasts verdict

    Owaisi slams Cong for decision to appeal 2008 Jaipur blasts verdict

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    Hyderabad: AIMIM chief Asaduddin Owaisi on Saturday slammed the Congress-led Rajasthan government for its decision to appeal the Rajasthan High Court’s decision to acquit four Muslim men in the Jaipur serial bomb blast case which rocked the state capital on May 13, 2008.

    Late on Friday night, at a high-level meeting, Chief Minister Ashok Gehlot reviewed the acquittal of the four accused. He decided to remove Additional Advocate General (AAG) Rajendra Yadav for the weak prosecution in the case with immediate effect.

    Also, Chief Minister Gehlot ordered a Special Leave Petition (SLP) in the Supreme Court at the earliest against the acquitted accused.

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    Owaisi said that the HC had raised serious questions on the ATS officer and that many evidences appear to be forged.

    “…The court said that many evidences appear to be forged, action should be taken against the investigating officer. The Gehlot government wants to appeal instead of investigating. Don’t know how many thousands of innocent Muslims’ lives have been ruined because of the UAPA-love of the Congress. Junaid-Nasir were brutally murdered by Hindutvaists in Rajasthan a few months back, till now only one accused has been caught,” Owaisi said in a series of tweets.

    The Hyderabad MP further questioned the Gehlot government on why it was silent when the Centre did not appeal against the verdict acquitting the culprits in the Khwaja Ajmer Dargah bomb blast case.

    “….Why was the Gehlot government silent then? From this you must have got an idea for whom the heart of Congress beats,” he remarked.

    In this context, the AIMIM chief also took a dig at Congress leader Rahul Gandhi on his ‘Mohabbat ki Dukan remark he made during the Bharat Jodo Yatra in Jaipur. “Where are those people who were setting up ‘Mohabbat ki Dukan’ by conducting seminars in Jaipur? What is his stand?” he asked.

    A division bench of Justices Pankaj Bhandari and Sameer Jain acquitted these four convicts who had presented 28 appeals in the High Court. The hearing on this entire case was going on for 48 days.

    In its verdict, the bench reportedly said that the investigating officer did not have legal knowledge. Therefore, instructions have been given to the DGP to take action against the investigating officer as well. The court has also asked the Chief Secretary to conduct an inquiry into the investigating officer.

    Syed Sadat Ali, the lawyer representing the accused, said that the High Court has termed the entire theory of ATS wrong, which is why the accused have been acquitted.

    He said that four accused were sentenced to death by the sessions court. “We had come to the High Court against that decision. One of the accused is a minor. The court has accepted that he was 16 years old at the time of the incident. The court acquitted the accused by saying that there is no proof against the accused. ATS and Prosecution have not been able to prove the allegations. Neither planting bombs has been proved nor was it proved that the accused had bought the cycle.”

    “The court made strong remarks about the Investigation Officer while giving the verdict. The court has ordered DGP Rajasthan to take action against Rajendra Singh Nayan, Jai Singh and retired IPS officer Mahendra Chaudhary, who were the investigating officers of the entire case. In the 10-page judgment, the court said that the theory of the police does not match with the entire case.”

    On May 13, 2008, there were serial bomb blasts at 8 places in the walled city. In these, 71 people were killed, while 185 were injured. The court found Mohd Saif, Saifur Rahman, Sarwar Azmi and Mohd Salman guilty of murder, sedition and the Explosives Act.

    A total of 13 people were made accused in this case by the police. Three accused are still absconding, while two are lodged in jails of Hyderabad and Delhi. The remaining two criminals have been killed in the Batla House encounter in Delhi. The four accused were lodged in Jaipur jail and were sentenced to death by the lower court.

    Former BJP state chief Satish Poonia said: “The acquittal of all four convicted in such a big offense by the high court raises doubts on the advocacy of the Ashok Gehlot government of Rajasthan.

    “The manner in which the evidence was presented by the ATS, and later it was clipped and edited and the manner in which the court said that the prosecution was not done properly and the evidence did not come in a proper manner, raises doubts on the side of the investigation.”



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    ( With inputs from www.siasat.com )

  • Will not challenge verdict now: Umesh Pal’s widow

    Will not challenge verdict now: Umesh Pal’s widow

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    Prayagraj: Slain Umesh Pal’s widow, Jaya Pal, has said that she hoped for capital punishment for mafia don Atiq Ahmad and his brother Ashraf but added that she will not challenge the court order in higher court.

    Jaya Pal said, “We seek justice from Chief Minister Yogi Adityanath who is like our father. We have been fighting against Atiq and his gang and it is time to end ‘terrorism’ once and for all. I will carry forward the fight that my husband was fighting because I want justice and not terror. I want his terror to end.”

    Pal’s mother Shanti Pal said, “My son always fought like a lion and Atiq and his brother should be given the death penalty for killing Umesh and two police gunners. We cannot fight against Atiq and his family members alone. We request Chief Minister Yogi Adityanath to give justice to us.”

    Atiq Ahmad, meanwhile, said before being taken back to Ahmedabad, that his lawyers would appeal against the verdict.

    “I have respect for the judiciary, but ‘sazaa galat hui hai (the punishment has been wrongly dealt)’. I intend to appeal the verdict in the high court,” he said.

    Atiq Ahmad and two others were given a life sentence by the MP/MLA court in Prayagraj on Tuesday. The three accused — Atiq, Saulat Hanif, a lawyer, and Dinesh Pasi — have been convicted under Section 364A, which provides punishment for kidnapping a person and putting the person concerned in danger of being murdered, and other sections of Indian Penal Code. The maximum punishment under this section is death sentence.

    This is the first conviction of Atiq, who is facing 101 criminal cases, 52 of them under trial.

    The special MP/MLA court acquitted Atiq’s brother Ashraf and six other accused, saying the prosecution ‘failed to prove beyond reasonable doubt’ their alleged complicity in the conspiracy to kidnap, torture and threaten Umesh into retracting his statement about being a witness in the MLA murder case.

    Umesh Pal’s widow Jaya Pal said, “Atiq and Ashraf always work in tandem and I see no reason behind Ashraf’s acquittal. If these two are around, they can do anything from inside the jail. My husband’s murder in February is proof of this.”

    Umesh Pal, a zila panchayat member in 2005, was a witness in BSP MLA Raju Pal murder case in which Atiq and his brother were the main accused.

    Raju Pal was killed on January 25, 2005. Umesh Pal later alleged he was kidnapped at gunpoint on February 28, 2006 as he refused to buckle under pressure from Atiq and his gang.

    He lodged an FIR on July 5, 2007, against Atiq, his brother and nine others. The accused were booked under Sections 364 (kidnapping or abducting in order to murder), 120B (conspiracy) and other sections of IPC.

    The trial of the Umesh abduction case was concluded on March 21 and the court fixed March 28 for delivery of the verdict.

    On March 24, the judge directed the authorities to ensure the physical presence of all the accused at the time of the delivery of the verdict. Atiq was shifted from Sabarmati Jail and Ashraf from Bareilly Jail to Naini Central Jail.

    On Tuesday, a large number of lawyers, who assembled at the court, started shouting slogans when Atiq and other accused were being produced, seeking death penalty for them.

    Umesh was killed in a daring daylight attack in Prayagraj’s Dhoomanganj on February 24, 2023.

    According to district government counsel (DGC), Gulab Chandra Agrahri, who appeared on the prosecution side, Atiq and Ashraf are accused in all the three cases — Umesh Pal abduction, his murder and Raju Pal murder.

    Atiq was a five-time MLA from Allahabad West, winning the seat consecutively between 1989 and 2002. He also won the Phulpur Lok Sabha seat on the SP ticket in 2004.

    Ashraf won the Allahabad West Assembly seat in bypoll in 2005.

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    ( With inputs from www.siasat.com )

  • SC agrees to hear plea against Delhi HC verdict on ‘Agnipath’ scheme

    SC agrees to hear plea against Delhi HC verdict on ‘Agnipath’ scheme

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    New Delhi: The Supreme Court on Monday agreed to hear a plea challenging a Delhi High Court judgment that upheld the Centre’s Agnipath scheme for recruitment into the armed forces.

    A bench of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala, which was initially reluctant to entertain the plea, asked the petitioner to approach the high court seeking a review of its decision.

    The petitioner’s counsel said the plea relates to a halt in recruitment.

    The court then asked the lawyer to submit a note and posted the matter for hearing on April 10.

    “Counsel for the contesting parties shall file their brief notes of submissions at least two days before the next date of listing, which shall be e-mailed,” the bench said.

    The high court had, on February 27, said the Agnipath scheme was formulated in the national interest, with a laudable objective of maintaining national security.

    The court had dismissed a batch of petitions assailing the validity of the scheme while terming it a “well-thought” policy decision of the Centre.

    Besides the pleas challenging the Agnipath scheme, the court had also rejected a bunch of petitions relating to the recruitment process in the armed forces under certain previous advertisements while clarifying that such candidates do not have a right to seek recruitment.

    Dismissing the pleas relating to the previous advertisements, the high court had said the Agnipath scheme is in “public interest” and the aspirants cannot claim any right to seek recruitment on account of their participation in the processes initiated under notifications issued prior to the introduction of the new policy.

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    ( With inputs from www.siasat.com )

  • ‘Only SC should pronounce final verdict’: Stalin flays BJP on Rahul’s disqualification

    ‘Only SC should pronounce final verdict’: Stalin flays BJP on Rahul’s disqualification

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    Chennai: Tamil Nadu Chief Minister and DMK supremo M.K. Stalin came out in support of Congress leader Rahul Gandhi following the latter’s disqualification as a member of the Lok Sabha on Friday in wake of his conviction by a Gujarat court, terming the decision an attack on progressive democratic forces and demanding that it be revoked.

    Noting that the verdict in the criminal defamation case has been given by a trial court, he said that an appeal to the higher courts is still on the cards and questioned the haste with which the disqualification was executed.

    “It is only the Supreme Court that should pronounce the final verdict. It seems like the BJP was just waiting for this opportunity going by their act of disqualifying Rahul Gandhi within a day of the district court’s verdict,” Stalin said.

    The Tamil Nadu Chief Minister attacked the BJP government at the Centre for the developments unfolding since Thursday.

    “It is now clear how much the BJP is scared of Rahul Gandhi. The impact created by brother Rahul Gandhi’s Bharat Jodo yatra is also a reason for BJP’s fear,” he said.

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    ( With inputs from www.siasat.com )

  • Congress stages protest in Hyderabad over Surat court’s verdict against Rahul

    Congress stages protest in Hyderabad over Surat court’s verdict against Rahul

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    Hyderabad: Congress staged a silent protest in Hyderabad against the Surat court sentencing Rahul Gandhi to two years imprisonment in a defamation case over his ‘Modi surname’ remark made in 2019.

    Senior leaders of Telangana Congress, Youth Congress, National Students Union of India and party’s Mahila Morcha staged silent protest in front of Gandhi Bhavan in the city.

    Telangana Congress vice president Chamala Kiran Kumar said, “Surat court sentenced Rahul Gandhi for two years. Earlier during the Congress rule, we have given ample space for opposition parties to talk on behalf of the people. Rahul Gandhi had spoken two years back against the scam happening in the country related to Gujrat and related to the name ‘Modi’.”

    “So he was not intentionally talking but talking on behalf of the people as a public representative. This verdict is nothing but shows democracy is in danger. Colonial rule is coming back after 75 years in this country. So we staged a silent protest against the verdict,” he added.

    Speaking to ANI, Telangana Congress Mahila Morcha president Sunitha Rao stated that allegations against Rahul Gandhi are baseless and the verdict came on the instructions of the Bharatiya Janata Party (BJP)-ruled Centre.

    “The verdict on Rahul Gandhi has come on the instruction of PM Modi. So we Mahila Congress condemn the verdict that has come against Rahul Gandhi. It is a baseless allegation they made,” Rao said.

    Congress leader Pushpaleela said that the BJP is scared of Rahul Gandhi. She said Rahul Gandhi is working for the poor of the country.

    “They are scared as the elections are coming close. If we are stopped, then it will become easy for them. We have people with us. In the 8-year BJP rule, everything has become zero,” she added.

    A Surat court on Thursday sentenced Congress leader Rahul Gandhi to two years imprisonment in a defamation case filed against him over his ‘Modi surname’ remark made in 2019 during an election rally for Lok Sabha elections.

    The court approved Rahul Gandhi’s bail on a surety and stayed the sentence for 30 days to allow him to approach the higher courts.

    While the BJP leaders attacked Rahul Gandhi after the verdict saying whatever he speaks it affects the Congress party and the country in a negative way, Congress leaders said that an attempt was being made by the BJP government to suppress the voice of Rahul Gandhi and that he will move the higher courts against the verdict.

    Congress leaders also alleged that the judiciary is under pressure.

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    ( With inputs from www.siasat.com )

  • SC verdict on pleas for independent mechanism to appoint ECs on Thursday

    SC verdict on pleas for independent mechanism to appoint ECs on Thursday

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    New Delhi: The Supreme Court will deliver judgment on Thursday on a batch of petitions seeking a collegium-like system for the appointment of Election Commissioners (ECs) and the Chief Election Commissioner (CEC).

    A constitution bench, headed by Justice K.M. Joseph and comprising Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and C.T. Ravikumar had reserved judgment in the matter on November 24, 2022. According to the causelist, two judgments, each by Justices Joseph and Rastogi, will be pronounced at 10.30 a.m. on Thursday in the matter.

    During the arguments, Attorney General R. Venkataramani had told the Supreme Court that if it were to begin to doubt every step taken by the government in the process of appointment of the Election Commissioner, then it has implications on the integrity and independenceA of the institution.

    The five-judge constitution bench, headed by Justice Joseph, had then shot a volley of questions at the country’s top law officer in connection with the appointment of Election Commissioner Arun Goel. It posed some critical questions to the AG in connection with Goel’s appointment: what deliberation could have been done to finalise his name within 24 hours, same day clearance, same day process completed, and the appointment was made not even in 24 hours.

    The Centre had, however, maintained that there is no trigger point for the Supreme Court to interfere in the appointment process of the Election Commissioner.

    After hearing detailed arguments, the Supreme Court reserved the judgment on a batch of petitions seeking a collegium-like system for the appointment of the ECs and the Chief Election Commissioner (CEC).

    During the hearing, the Supreme Court had told the Centre that it wants to see the files relating to the recent appointment of Goel as the Election Commissioner and emphasised that it wants to see by what mechanism, “he was picked up”, and “there is no danger to produce it (files)”.

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    ( With inputs from www.siasat.com )

  • HC’s Agnipath verdict exposes Opposition’s negative politics: BJP

    HC’s Agnipath verdict exposes Opposition’s negative politics: BJP

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    New Delhi: With the Delhi High Court upholding the short-term military recruitment scheme Agnipath, the BJP asserted on Monday that the verdict has exposed the Opposition’s negative politics yet again.

    BJP chief spokesperson and Rajya Sabha member Anil Baluni also demanded apology from Congress leader Rahul Gandhi for his “derogatory” comments on the scheme.

    He accused opposition parties of being “hell-bent on creating hurdles in the development-oriented initiatives of the Modi government”.

    A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad earlier in the day dismissed a batch of petitions challenging the scheme for short-term recruitment in armed forces and said there was no reason to interfere with it.

    The court said the scheme was made in national interest and to ensure that the armed forces are better equipped.

    Baluni said the court’s observations have vindicated the central government’s progressive approach towards modernising the armed forces.

    He said, “It exposes the anti-development and anti-progressive face of opposition parties. It also exposes Congress leader Rahul Gandhi yet again who tried to mislead our youth. Rahul Gandhi should apologise to the nation, particularly to the youth, for his highly derogatory and negative statements on the Agniveer scheme.”

    Those recruited under the Agnipath scheme are called “Agniveers”.

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    #HCs #Agnipath #verdict #exposes #Oppositions #negative #politics #BJP

    ( With inputs from www.siasat.com )

  • SC must put end to daily abuse of law: Chidambaram after Jamia nagar violence verdict

    SC must put end to daily abuse of law: Chidambaram after Jamia nagar violence verdict

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    New Delhi: A day after a Delhi court discharged Sharjeel Imam and 10 others in the 2019 Jamia Nagar violence case, senior Congress leader P Chidambaram on Sunday said the criminal justice system that tolerates pre-trial incarceration is an affront to the Constitution and urged the Supreme Court to put an end to this “daily abuse of the law”.

    A court here on Saturday discharged 11 people, including student activists Imam and Asif Iqbal Tanha, who participated in anti-CAA protests, in the 2019 Jamia Nagar violence case, saying they were made “scapegoats” by police, and that dissent has to be encouraged, not stifled.

    Reacting to the development, Chidambaram tweeted, asking whether there was even prima facie evidence against the accused.

    “The Court’s conclusion: unequivocal no. Some accused have been lodged in jail for nearly three years. Some got bail after many months.This is pre-trial incarceration,” the former home minister said.

    “An inept police and overzealous prosecutors are responsible for keeping citizens in jail before trial. What action will be taken against them?” Chidambaram said in a series of tweets.

    Who will give back the months or years that the accused spent in jail, he asked.

    “Our criminal justice system that tolerates pre-trial incarceration is an affront to the Constitution of India, especially Articles 19 and 21.The SC must put an end to this daily abuse of the law. The sooner the better,” Chidambaram said.

    “Bless the trial courts that push back against the abuse of the law and uphold liberty,” he added.

    Noting that the accused were merely present at the protest site and there was no incriminating evidence against them, the court said dissent is an extension of the fundamental right to freedom of speech and expression, subject to reasonable restrictions.

    An FIR was lodged in connection with the violence that erupted after a clash between police and people protesting against the Citizenship (Amendment) Act (CAA) in the Jamia Nagar area here in December 2019.

    Imam was accused of instigating the riots by delivering a provocative speech at the Jamia Millia Islamia University on December 13, 2019. He will continue to remain in jail as he is an accused in the larger conspiracy case of the 2020 northeast Delhi riots.

    Additional Sessions Judge Arul Varma said there were admittedly scores of protesters at the site and some anti-social elements within the crowd could have created an environment of disruption and havoc.

    “However, the moot question remains — whether the accused persons herein were even prima facie complicit in taking part in that mayhem? The answer is an unequivocal no,” the judge said.



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    ( With inputs from www.siasat.com )

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

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

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    New Delhi: The Supreme Court on Tuesday reserved its verdict on a plea of journalist Rana Ayyub challenging the summons issued by a special court in Ghaziabad in the money laundering case.

    A bench of Justice V Ramasubramanian and Justice J B Pardiwala said it will pass orders on the plea.

    During the hearing, advocate Vrinda Grover, appearing for Ayyub, submitted, “Can her personal liberty be deprived by a procedure not authorised by law?”

    She submitted that the Ghaziabad special court has no jurisdiction to try the offence as the alleged act is said to have been committed in Mumbai.

    Grover said the Enforcement Directorate (ED) has attached the journalist’s personal bank account in a bank at Navi Mumbai in which around Rs 1 crore was lying.

    Solicitor General Tushar Mehta, appearing for the ED, said the prosecution complaint has been filed in the Ghaziabad court by the agency as part of the cause of action had arisen in Uttar Pradesh, where a lot of people, including from Ghaziabad, contributed to her crowdfunding campaign.

    He said the money laundering offence is not an independent offence and is always connected to a scheduled offence for which an FIR was lodged in Indirapuram police station of Ghaziabad.

    Mehta said arguments advanced by the other side is that if a person chose to launder money in Singapore or Thiruvananthapuram, the agency has to go there and lodge a case.

    “Sorry, this is not the scheme,” he said, adding that Ayyub raised funds through online platform Ketto’ in the name of helping slum dwellers, COVID-19 patients and people of Assam which resulted in the collection of Rs 1 crore, out of which Rs 50 lakh fixed deposit was done in a personal account.

    He said, “Money was shown by fake bills, groceries, among others, and was used for personal luxury items and consumption.”

    On January 25, the top court had asked a special court in Ghaziabad to adjourn the proceedings in the money laundering case against Ayyub scheduled for hearing on January 27 to a date after January 31.

    In her writ petition, Ayyub has sought quashing of the proceedings initiated by the ED in Ghaziabad citing lack of jurisdiction as the alleged offence of money laundering occurred in Mumbai.

    On November 29 last year, the special PMLA court in Ghaziabad took cognisance of the prosecution complaint (charge sheet) filed by the ED and summoned Ayyub.

    The ED charge sheet was filed under section 45 read with section 44 of the Prevention of Money Laundering Act (PMLA), 2002.

    “I have perused the above mentioned prosecution complaint and have also gone through the prosecution papers as well as documents, including statements.

    “From the perusal of the entire record, there is sufficient evidence as to a prima facie case for taking cognisance against Ms Rana Ayyub with regard to commission of offence,” the special court judge had said.

    The special court had said Ayyub’s alleged crime involves taking money illegally from the general public in the name of charity via Ketto — an online crowdfunding platform — in three campaigns, without any approval, raising a huge sum in the bank account of her sister and father, and transferring it into her own bank account which was not used for the intended purpose.

    On October 12 last year, the ED had filed a charge sheet against Ayyub, accusing her of cheating the public and using Rs 2.69 crore she got in charity for creating personal assets, and also violating the foreign contribution law.

    “Rana Ayyub launched three fundraiser charity campaigns on the ‘Ketto’ platform, starting from April 2020 and collected funds totalling Rs 2,69,44,680,” the ED had said in a statement.

    The campaigns, it had claimed, were meant to raise funds for slum dwellers and farmers, relief work for Assam, Bihar and Maharashtra, and help Ayyub and her team help those impacted by coronavirus in India.

    “Ayyub utilised these funds to create a fixed deposit of Rs 50 lakh for herself and also transferred Rs 50 lakh to a new bank account. Investigations found that only about Rs 29 lakh was used for relief work,” the ED had claimed.

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    ( With inputs from www.siasat.com )

  • Supreme Court Upholds EWS 10% Quota In 3:2 Verdict

    Supreme Court Upholds EWS 10% Quota In 3:2 Verdict

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    The 103rd Constitutional Amendment, which provides 10% reservation for members of economically weaker sections (EWS) in admissions and government posts, has been upheld by the Supreme Court by a majority of 3:2.

    Justice Dinesh Maheshwari, Justice Bela M Trivedi, and Justice JB Pardiwala of the five-judge panel that delivered the verdict found in favour of the quota, claiming that the provision on reservation for EWS did not contradict the fundamental principles of the Constitution.

    Justice S. Ravindra Bhat, on the other side, voiced his disagreement and overturned the EWS quota amendment. UU Lalit, CJI, agreed with him.


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