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Shraddha Walkar murder: Court extends judicial custody of Aftab Poonawala for next 14 days

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NEW DELHI, (ANI): Delhi’s Saket court on Tuesday extended the judicial custody of Aftab Poonawala, the accused in the Shraddha Walker murder case, for the next 14 days. Saying Poonawala has requested some law books to study, the court has also directed the authorities to provide him with warm clothes.

On December 24, allowing the plea of Delhi Police seeking permission to obtain a voice sample of Poonawala, a Delhi court said even though a fair trial is a right of an accused but at the same time, a fair investigation is required in the larger public interest. Metropolitan Magistrate Vijayshree Rathore of Saket court said, “True, a fair trial is the right of the accused but it is also true that fair investigation is also required in the larger public interest as the offence cannot escape and crime cannot go unnoticed merely because the accused is not ready to aid in the investigation.”

“Thus, the application moved by the Investigating Officer (IO) seeking permission for a voice sampling test of the accused is allowed,” the court said. The court also referred to the decision of the Supreme Court of India in ‘Ritesh Sinha vs State UP’, clarifying its position that “judicial order compelling a person to give a sample of his voice is not violative of Fundamental Right to Privacy, under Article 20(3) of the Constitution of India”.

“It was further observed in the case that the Fundamental Right to Privacy cannot be construed as absolute and must bow down to compelling public interest,” the court noted. The court said the contention of counsel for the accused that the consent of his client is mandatory, even in the case of the voice sampling test, cannot be accepted.

“It is clear that a voice sampling test can be conducted even if the accused does not consent to the same. An opportunity of seeking the will of the accused after informing the nature of application moved by IO is already granted to the accused,” the court said. The court further observed, “Even though the accused is not willing to give voice sample for voice sampling test, however, I am of the considered view that the accused can still be asked to give the voice sample to investigating agency for reaching the ends of the justice and also for a fair investigation.”

There is no such prohibition of compulsory consent of recording the accused in handwriting, fingerprints impression and voice sampling test, the court said. Poonawala is accused of killing his girlfriend, Shraddha, chopping her body and dumping the remains in the forests of South Delhi’s Chhatarpur. (ANI)

Agency reports | Credits: PTI, ANI, UNI, IANS, Reuters, AFP, etc., | Content and articles published by Agency Reports are not edited and published as is, except for the headline at times | All copyrights and credits are hereby acknowledged | Indyatv.in thanks the agencies concerned.

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Gautam Navlakha Must Pay for Security During House Arrest: SC

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NEW DELHI, (PTI): The Supreme Court on Tuesday said activist Gautam Navlakha cannot escape the liability of paying towards expenses for the Maharashtra government making available police personnel for his security during his house arrest, as he himself had requested the house arrest.

The National Investigation Agency (NIA) told a bench of justices M M Sundresh and S V N Bhatti that Navlakha, arrested in the Elgar Parishad-Maoist links case, is required to make a payment of Rs 1.64 crore towards expenses for security.

”If you have sought for it, you have to pay,” the bench told the counsel representing Navlakha.

”The liability, you know, you can’t escape because you asked for it (house arrest),” the apex court observed.

Additional Solicitor General (ASG) S V Raju, representing the NIA, said Rs 1.64 crore is due and 70-year-old Navlakha has to make the payment for the security provided during his house arrest.

Terming the order of house arrest as ”unusual”, Raju said a large number of police personnel have been deployed round-the-clock for security during his house arrest.

The counsel representing Navlakha said there is no difficulty in paying per se but the issue was with respect to calculation.

The ASG said Navlakha had earlier made payments of over Rs 10 lakh for this and now he is avoiding making payment.

”There is no question of avoiding,” Navlakha’s counsel said.

His counsel said the NIA’s plea, challenging the December 19, 2023 order of the Bombay High Court which had granted bail to Navlakha, was also required to be heard.

The high court had granted him bail but stayed its order for three weeks after the NIA had sought time to file an appeal in the top court.

On January 5, the apex court had extended the stay imposed by the high court on the operation of its order granting bail to Navlakha.

During the hearing on Tuesday before the apex court, the ASG said earlier, Navlakha himself had asked for house arrest and whether the bail is allowed or not, he has to make the payment for the expenses incurred for round-the-clock security.

”The issue of bail is slightly different. He had first said ‘put me in house arrest because I am not well’. Now he is hale and hearty, everything is okay,” he said.

”We had said if he will be put in house arrest at a place where he wanted to be lodged, then it require police personnel round-the-clock… He said ‘I will pay the cost’,” Raju said, adding, ”Every day, it is mounting. He can’t escape”.

He said Navlakha cannot avoid making the payment in the guise of saying that he wanted to calculate.

”As long as you continue to have this facility, the figures are going to fly higher and higher. What we are today thinking is, instead of allowing it to touch the highest level, we will give one week time,” the bench told Navlakha’s counsel.

It said Navlakha’s counsel can see the calculation and tell the court about it.

The bench, which said the interim stay granted on January 5 shall continue, posted the matter for hearing on April 23.

On March 7, Navlakha’s lawyer had disputed the figure in the apex court and accused the agency of ”extortion”.

Raju had strongly objected to the use of the term ”extortion”.

Navlakha is under house arrest at a public library in Mumbai since November 2022.

While ordering his house arrest on November 10, 2022, the apex court had directed Navlakha to deposit Rs 2.4 lakh towards the expenses to be borne by the state for deploying police personnel to effectively place him under house arrest.

Later, it had again directed Navlakha to deposit another Rs 8 lakh as expenses for providing police personnel for his security.

On November 10, 2022, the top court had allowed Navlakha, who was then lodged in Navi Mumbai’s Taloja prison in connection with the case, to be placed under house arrest owing to his deteriorating health.

The case relates to alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune on December 31, 2017, which police claim triggered violence the next day near the Koregaon-Bhima war memorial on the outskirts of the western Maharashtra city. (PTI)

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BRS leader Kavitha denied interim bail in Delhi excise scam case

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NEW DELHI, (PTI): A court here on Monday denied interim bail to BRS leader K Kavitha in the Delhi excise policy-related money laundering case.

Special Judge Kaveri Baweja dismissed the plea, saying the stage was not right to enlarge her on interim bail.

Kavitha had approached the court for interim bail, saying her 16-year-old son has exams and needs his mother’s ”moral and emotional support”.

The ED had opposed the submission, claiming Kavitha destroyed evidence and influenced witnesses in the case.

The agency had alleged that Kavitha is a key member of the ”South Group”, which has been accused of paying the ruling AAP in Delhi kickbacks of Rs 100 crore in return for a big share of liquor licences in the national capital. Kavitha, 46, was arrested from her Banjara Hills residence on March 15 amid protests by BRS supporters.

She was then sent to seven-day ED custody the next day. Her custodial interrogation was later extended by three days. She was sent to 14-day judicial custody last Tuesday. (PTI)

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Rahul Gandhi, Kharge, Sharad Pawar, Akhilesh Yadav among INDIA bloc leaders to join AAP rally at Ramleela ground

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NEW DELHI, (PTI): Top INDIA bloc leaders, including Rahul Gandhi, Congress president Mallikarjun Kharge, Sharad Pawar, Uddhav Thakeray, Akhilesh Yadav and Tejashwi Yadav among others will attend a ‘Maharally’ to be held by AAP at the Ramleela ground on March 31, senior party leader Gopal Rai said on Friday.

AAP has received permission of the authorities concerned for holding the rally, being held in the backdrop of Delhi Chief Minister Arvind Kejriwal’s arrest, at the Ramleela ground on Sunday for an attendance of more than 20,000 people, he said.

The call on whether Arvind Kejriwal’s wife Sunita Kejriwal will address the ‘Maharally’ will be taken later, he said.

Other prominent political leaders and members of the Indian National Developmental Inclusive Alliance (INDIA) like Derek O’Brian, Trichi Siva, Farooq Abdullah and Jharkhand Chief Minister Champai Soren will also attend the rally, he said.

Kalpana Soren, the wife of former Jharkhand chief minister Hemant Soren, who is currently in jail, will also attend the rally, he said. (PTI)

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Over 600 lawyers write to CJI over specific group trying to undermine judiciary’s integrity

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NEW DELHI, (ANI): More than 600 lawyers addressed a letter to the Chief Justice of India (CJI) Justice Dhananjaya Y Chandrachud , expressing serious concerns against the actions of a specific interest group aiming to undermine the judiciary’s integrity.

The letter has been signed by prominent lawyers including senior advocate Harish Salve, Manan kumar Mishra, Adish Agarwala, Chetan Mittal, Pinky Anand, Hitesh Jain, Ujjwala Pawar, Uday Holla and Swaroopama Chaturvedi, Bar Council of India’s Chairman Manan Kumar Mishra, Supreme Court Bar Association President Adish Aggarwala, among others.

This group, according to the lawyers, is employing pressure tactics to influence judicial outcomes, particularly in cases involving political figures and corruption allegations. These actions, they argue, pose a significant threat to the democratic fabric and the trust placed in judicial processes. The lawyers highlighted several concerning methods, including the propagation of false narratives about a ‘golden era’ of the judiciary, aimed at discrediting current proceedings and undermining public confidence in the courts.

The accusations include ‘bench fixing’, disrespectful comparisons of domestic courts to those in lawless regimes, and direct attacks on judges’ honor. The letter accused that the tactics employed by the interest group involve selective criticism or praise of court decisions based on their political agenda, described as a “My way or the highway” approach.

Concerns have also been raised about Political flip-flopping, where politicians alternate between accusing individuals of corruption and defending them in court. The letter further highlighted, the use of underhand tactics and dissemination of false information to influence judicial appointments and outcomes.

The lawyers note the strategic timing of these tactics around election periods, drawing parallels to similar activities in 2018-2019. Senior members of the bar have requested the Supreme Court to take protective measures against these attacks to maintain the judiciary’s integrity. The letter calls for a united stand in support of the judiciary to ensure it remains a strong pillar of democracy, urging decisive leadership in addressing these challenges. (ANI)

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Country being ruled through ED, Income Tax, CBI: Ashok Gehlot slams BJP

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JAIPUR, (PTI): Congress leader and former Rajasthan chief minister Ashok Gehlot on Tuesday targeted the BJP government at the Centre, claiming that ”democracy is in danger” and the country is being ruled through federal agencies such as the ED and the CBI.

The upcoming Lok Sabha election is about keeping democracy alive in the country, he said at a public meeting in Sikar after CPI(M) candidate Amraram filed his nomination papers. The Congress has left two seats for its alliance partners – Sikar for the CPI(M) and Nagaur for the RLP. At the meeting, Gehlot said, ”The country is being governed through ED, Income Tax and CBI. The situation in the country is very grave, democracy is in danger and the Constitution framed by Bhimrao Ambedkar is being crushed.” ”It is a worrying situation which some people understand and if you don’t then everyone will repent in the times to come,” the senior Congress leader said.

Referring to various public welfare schemes that were initiated by his government in Rajasthan, Gehlot said, ”Even after doing everything, we could not form government following the assembly elections due to the misconceptions spread and false allegations made by BJP leaders.” While mentioning the electoral bonds scheme, struck down by the Supreme Court last month, the former chief minister claimed that he has been saying since 2019 that electoral bonds were ”institutional corruption and the biggest graft after Independence”.

CPI(M) candidate Amraram filed his nomination papers in the presence of the party’s Politburo member Brinda Karat, state Congress chief Govind Singh Dotasra and Sikar MLA Rajendra Pareek. (PTI)

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Excise PMLA case: Delhi HC to hear Arvind Kejriwal’s plea challenging arrest, ED remand on Wed

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NEW DELHI, (ANI): The Delhi High Court has listed Chief Minister Arvind Kejriwal’s plea on Wednesday challenging his arrest and the order of remand passed by the trial court on March 22. Kejriwal was arrested on March 21 by the Enforcement Directorate in relation to the excise policy case.

The bench of Justice Swarna Kanta Sharma will hear the matter on Wednesday at the at the top of the board and state the cause list of the Delhi High Court. According to the legal team of Kejriwal, both the arrest and the remand order are illegal and he is entitled to be released from custody.

The plea stated that without there being any material in possession of the Enforcement Directorate on the basis of which the petitioner (Arvind Kejriwal), can be believed to be guilty of an offence, the petitioner is being illegally and arbitrarily arrested by ED in the evening of March 21. The plea further stated that the provisions of PMLA are being used to persecute and destroy the very basic fabric of the democratic and federal structures of this country.

“The attempt is to decimate a political party and topple an elected government of NCT of Delhi,” the plea stated. The trial court on March 22, sent Arvind Kejriwal to ED remand till March 28. ED alleged that the Aam Adami Party (AAP) is the major beneficiary of the proceeds of crime generated in the alleged liquor scam.

Senior Advocates Abhishek Manu Singhvi, Vikram Chaudhari, and Ramesh Gupta, along with Advocates Rajat Bharadwaj, Mudit Jain and Mohd Irshad, appeared for the Delhi CM Kejriwal in trial court. ASG SV Raju and Special Counsel Zoheb Hossain appeared for the probe agency. “Part of the proceeds of crime to the tune of cash of Rs 45 crore approx. has been utilized in the election campaign of AAP in Goa Assembly elections 2022,” the ED alleged.

The agency further claimed that Kejriwal was directly involved in the formation of the excise policy. “Arvind Kejriwal has also been intrinsically involved in the entire conspiracy of the Delhi liquor scam, wherein the policy was drafted and implemented in a manner wherein certain private persons were favoured and benefitted in a quid pro quo of receiving kickbacks,” the central agency said in its remand.

It also claimed that due to the actions of Arvind Kejriwal involving excise policy formulation, hatching the conspiracy of kickbacks with the South Group members, and eventually using part of the proceeds of crime generated out of this scheduled offence in the election campaign of the AAP for the Goa Assembly elections, it is clear that all these activities were not only done with his knowledge but also his active collusion. Kejriwal was arrested by the central agency late Thursday night on charges of corruption in relation to the case. It is the first time in independent India that a serving Chief Minister has been arrested. The move came after Kejriwal skipped multiple summons by the investigation agency, nine in total, calling them “illegal”.

The case pertains to alleged irregularities and money laundering in framing and implementing the Delhi excise policy 2022, which was later scrapped. While Kejriwal was not named in the FIRs registered by the ED or the Central Bureau of Investigation in the Delhi excise policy case, his name first found a mention in the ED’s chargesheet, wherein the agency claimed that he allegedly spoke to one of the main accused, Sameer Mahendru, in a video call and asked him to continue working with co-accused and AAP communications-in-charge Vijay Nair.

Nair was among the first people to be arrested by the CBI in the case, in 2022. Subsequently, former deputy chief minister Manish Sisodia and Rajya Sabha MP Sanjay Singh were arrested in connection with the case. (ANI)

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Sunita Kejriwal reaches ED office to meet arrested husband Arvind Kejriwal

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NEW DELHI, (ANI): Delhi Chief Minister’s wife Sunita Kejriwal reached the Enforcement Directorate’s (ED) office to meet her husband on Saturday. Visuals from the spot showed Sunita Kejriwal crossing the road and entering the gates of the ED office along with a person.

Earlier in the day, the Delhi Chief Minister’s wife read out a message by her husband in which he said that no prison can keep him inside and he will come out “very soon” and fulfil his promises. “Your son and brother Delhi CM Arvind Kejriwal has sent a message from the jail,” Sunita Kejriwal said citing her husband.

“My dear countrymen I have been arrested. Whether I am inside the jail or not, I will continue to serve the country. My entire life is dedicated to the country. I have struggled a lot in my life, and I know that this will continue. Therefore, this arrest has not surprised me,” Kejriwal said in a statement read out on video by his wife. Earlier on Friday, Sunita Kejriwal said that the arrest of her husband is a “betrayal” with the people who have elected him to power thrice.

In a post on X, she hit out at Prime Minister Narendra Modi, saying that Kejriwal was arrested due to the PM’s “arrogance of power.” “Modiji got your thrice elected Chief Minister arrested out of arrogance of power. He is trying to crush everyone. This is a betrayal of the people of Delhi. Your Chief Minister has always stood with you,” she said in a post in Hindi.

Meanwhile, the Delhi High Court on Saturday denied an urgent listing of the plea by Delhi Chief Minister Arvind Kejriwal challenging his arrest and custody in the Delhi Excise policy case. (ANI)

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TMC terms CBI raids on premises of Mohua Moitra as ‘vendetta politics’

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KOLKATA, (PTI): The TMC has dubbed the ongoing CBI raids on the premises of party leader Mahua Moitra in connection with the alleged cash-for-query case as ”vendetta politics” and a desperate maneuver by the BJP to misuse the central agencies ahead of the elections.

The CBI on Saturday conducted searches on the premises of former TMC MP Moitra in multiple locations, including Kolkata, in connection with the case, officials said.

Teams of the central probe agency reached Moitra’s residence in Kolkata and other cities early on Saturday, informed about the search proceedings and started the operation, they said.

While speaking to PTI in the evening, Moitra declined to say anything except stating the series of events during the day.

”I have heard that CBI is raiding my premises. I have not seen the FIR, so can’t make a comment on the charges. As of now I am not saying anything,” she said.

Senior TMC leader Santanu Sen said, ”This is an attempt to divert the public and media’s attention from various burning issues. The BJP appears to be sensing growing public discontent, and they are using every means at their disposal to change the narrative. This is a clear example of vendetta politics.” He said the BJP is misusing central agencies ahead of the Lok Sabha polls to intimate the opposition.

”When the model code of conduct is in place, the BJP is sending its most trusted allies, CBI and ED, to raid our nominees. The EC must look into it,” he said.

However, the West Bengal BJP has dismissed these allegations as baseless.

West Bengal BJP spokesperson Samik Bhattacharya said, ”Whenever the ED or CBI raid TMC leaders, they cry foul and accuse it of being politically motivated.

”Whatever Moitra has done is a shame for democracy. The reality is that the TMC is deeply mired in corruption, with nearly every leader facing corruption allegations,” he said.

Moitra was expelled from Lok Sabha last year after a parliamentary panel found her guilty in the cash-for-query case.

She has termed it as vendetta politics to scuttle her voice in the floor of the House. (PTI)

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