Legal Shots: 8th August 2020


  • My mission to end militancy: J&K L-G

Reaching out to the common people of Jammu & Kashmir the newly appointed Lieutenant Governor of Jammu & Kashmir Manoj Sinha on Friday clearly spelt out his mission in the UT will be to bring peace, end militancy and to ensure development by all means.

Sinha also emphasised his priority would be zero tolerance for corruption besides establishing dialogue with the people of Jammu and Kashmir.\

Interacting with the media persons soon after he was administered the oath of office by the Chief Justice of Jammu and Kashmir High Court Gita Mittal, Sinha said, “J&K is India’s heaven and crown. I have been given a chance to play a role here. August 5 is a historic day and will be remembered in history". 

Referring to his brief interaction with the section of senior officers, Sinha said, "I met some officers and they told me that in the past one year, there has been a lot of development in all sectors. I will take forward the same process of development with a speed and vigor".

Interestingly, the oath ceremony was attended by only  BJP and Jammu and Kashmir Apni party leaders. None of the representatives of  the National Conference, Peoples Democratic Party and Congress attended the oath ceremony.

Listing out his priority areas, Sinha said, “I have no specific agenda and there will be no disparity. There will be equal treatment to all. And we will work for the welfare of people of J&K. I will try on that front and I have spoken to some officers in that regard already". "I will be in touch with the media too besides common people of J&K,” he added.

The Lt Governor further said that he would like to see Jammu & Kashmir free from militancy and isolation. “We will work within the framework of the Constitution of India to take J&K towards inclusive development and peace. We will also initiate dialogue with the masses to have a better understanding of their problems and issues, and will try to address the same”, he said in a reply to one of the questions. 

"I assure the people of J&K that I will try to come up to their expectations and take J&K forward on the vision and mission of making this UT a model to emulate", he added. Later, Lt Gov Manoj Sinha visited the civil secretariat complex where he was presented a formal guard of honor. He also attended a meeting with the administrative secretaries of all the departments.


  • EC settles matter over Baldev Singh appointment as SEC

Disposing of a complaint of Maharashtra Congress leader Sachin Sawant questioning procedures for appointment of State Chief Electoral Officer Baldev Singh in 2019, the Election Commission (EC) on Friday said no action is needed in the matter as the appointment was done after consultation with the State Government. “Singh had been  rated outstanding in his performance appraisal records during the five years of his service prior to his appointment,” the EC said.

“The Commission having duly considered the matter, does not find any reason for taking any action in the matter. The CEO’s appointment is done in consultation with the concerned state government/union terriotory wherein a panel of officers is furnished to the poll body,” the EC said in a letter addressed to Sawant.

The EC further said that Baldev Singh, a 1989 batch IAS officer of Maharashtra cadre was appointed by the Commission following due procedure wherein the State Government had clarified that he was clear from the vigilance angle and as per records, he had been rated outstanding in his performance appraisal reports during the five years of his service prior to his appointment as CEO, Maharashtra.

Sawant has alleged that Singh was facing an inquiry initiated by CVC and the ministry of industry and commerce in an alleged irregularity in SEEPZ SEZ. Sawant questioned why the credentials of the CEO were not cross-checked while appointing him to the post and whether the Election Commission of India was working under pressure of the Bharatiya Janata Party.

  • Action sought against mental therapist for disclosing Rajput’s health details

Charging that Sushant Singh Rajput’s mental health therapist Susan Walker Moffat had violated professional ethics and patient confidentiality by disclosing details of the actor’s mental health, senior

Mumbai BJP leader Ashish Shellar on Friday demanded  that action be initiated against Susan for trying to prejudice the investigations and violating the Mental  Health Act.

In a joint letter addressed to the Mumbai Police commissioner, Joint Director of CBI, Mumbai, Manoj Shashidhar, the officials of ED and other agencies,  Shelar alluded to a media interview, in which she “has revealed confidential aspects of Sushant Singh Rajput's mental health state”.

“Her actions seem prima facie in violation of the Mental Health Act 2017 and her India residency visa conditions. Medical and mental health professionals hold the highest level of standards and ethics when it comes to confidentiality and reveal details only after following due process of law, as they are liable to face strict legal action for violating Indian Mental Health Act, 2017,” Shelar wrote.

“Two main questions which are in public interest need immediate answers A.) What motivation or who made Susan Walker violate professional ethics, patient confidentiality, violate Mental Health Act and Indian law by disclosing details of Sushant's health to influence the course of police investigations. B.) What or who made Susan Walker breach confidentiality, knowing full well that her mental health practise, which is rumored to earn her upto crores rupees per year, will be badly affected by her disclosure?,” Shelar stated.

Shelar urged the Mumbai to take steps to cover following angles in this matter act against Susan   Among other things, the BJP leader said: “As Susan Walker is foreign citizen, steps be taken to ensure Susan remains available for investigation in Mumbai.

Susan Walker should be summoned for further detailed questioning. 

Mumbai Police must initiate action against Susan Walker as her unethical actions of disclosing Sushant Singh's mental health details is a direct violation of Mental Health Act , 2017 Section 23(2) and her actions attract punishment including criminal prosecution, fines and jail sentence on conviction and seeks to prejudice the investigation angle of the Police. 4. How is Susan Walker practising in Mumbai”.

“Is she authorised to practise in India. Is she or her clinic registered with authorities and BMC? Has Susan Walker registered with the Rehabilitation Council of India and is she accredited to any registered and recognised body of mental health professionals in India, which allows her to practise?

The counselling, medicines, treatment methods suggested to Sushant Singh by Susan Walker, without any license or permission to practise in India is illegal. This must be probed for its effect on Sushant's actions leading up to his death,” Shelar wrote in his letter.

  • Mizoram bans entry of vehicles carrying non-essential goods

The Mizoram Government on Friday  Decided to ban entry of trucks and other vehicles carrying goods into the State after 18 truck drivers and handymen from outside tested positive for novel coronvirus, officials said.

However, vehicles carrying essential commodities will be exempted from the ban, they said.

A decision to this effect was taken at a meeting of the Mizoram cabinet chaired by Chief Minister Zoramthanga.

The meeting decided to temporarily ban entry of vehicles carrying commodities barring those carrying essential commodities at the existing two entry points in Vairengte on the Mizoram-Assam border and Kanhmun on the state border with Tripura until further order to prevent further  spread of virus in the state, an official said.

The cabinet expressed concern about 18 truck drivers and helpers stranded along the National Highway-306 (formerly NH- 54) between Hmangkhawthlir and Sethawn in Kolasib district, who tested positive for Covid-19, she said.

 

  • AP crosses two lakh-mark , single day high of 89 deaths

Riding on a rapid surge of infections, Andhra Pradesh on Friday crossed the two lakh-mark in the overall number of Covid-19 cases as another 10,171 were added afresh for the third consecutive day.

From its maiden case on March 12, APs Covid-19 graph peaked to over two lakh cases in just 149 days, witnessing a meteoric rise, particularly in the past three weeks, and reaching the third spot in the country behind Maharashtra and Tamil Nadu.

Two three-day spells, first from July 29-31 and next from August 5-7, where Covid-19 spread so virulently with over 10,000 cases each daily saw the state gallop to the third spot in the national table.

The Covid-19tally on Friday showed 2,06,960 over all cases, of which 84,654 were active, 1,20,464 recoveries and 1,842 deaths.

The state saw 89 fresh coronavirus deaths, the highest number in a day so far, while 7,594 patients had recovered from the pandemic in the last 24 hours, a government bulletin said.

After 23,62,270 sample tests, the infection positivity rate climbed further to 8. 76 per cent, inching closer to the national average of 8. 90 per cent.

The recovery rate too improved to 58.21 per cent, but was way below the national average of 67.98 per cent. The Covid-19 mortality rate in the state stood at 0.89 per cent  against the national average of 2. 05 per cent, it said.

In 12 days from July 27, the number of cases doubled from 1.02 lakh to 2.06 lakh.

From March 12 when it reported the first coronavirus case, AP took a long time till June 24 to go past the 10,000 mark and July 20 to cross 50,000 total cases

  • 1 civilian killed, 5 hurt in Pak LoC shelling

A civilian was killed and  5 others received injuries during ‘unprovoked’ ceasefire violation by the Pakistan Army along the line of control in Tangdhar sector of North Kashmir's Kupwara district on Friday. Pakistan army also resorted to ceasefire violations in the Balakote and  Krishna Ghati sectors of Poonch at different intervals during the day.

According to ground reports, Pakistan Army targeted several civilian pockets and hit residential structures using long range mortars and other weapons. Hitting back, the Indian army gave them a befitting reply.

Srinagar based Defence PRO, Col Rajesh Kalia said, "Pakistan initiated an Unprovoked Ceasefire Violation (CFV) Friday morning along the LoC in Tangdhar Sector of Kupwara by firing mortars & other weapons".

He said the Pakistan Army targeted civilian areas. A total number of six civilians were injured in the CFV, Col Kalia said, adding a befitting response being given.

In the evening,another incident of ceasefire violation by the Pakistan army was reported along the LoC in Machhal Sector of Kupwara.

Till the time of filing the report, the Indian army was giving a befitting response, said Col Kalia.According to Jammu based Defence PRO, Lt- Col Devender Anand, " in the morning Pakistan army resorted to ceasefire violation in the Balakote sector and later in the evening they trained their guns towards the forward Indian posts in the Krishna Ghati sector. The Indian Army gave them a befitting reply, he added.   


Wanted To Stay Updated & Gain Knowledge. Join Our What'sApp Group Here.


  • Fake Colonel of Punjab caught cheating in name of enlisting in Army

Fake colonel, a resident of Punjab, who was cheating people in lieu of recruiting in the Army in Aligarh district of Uttar Pradesh, caught by the Iglas police on Thursday.

In Aligarh district of Uttar Pradesh, fake colonel resident of Punjab, who cheated people in lieu of recruiting in the army, caught up by the Iglas police on Thursday. He walked around wearing the Lieutenant Colonel uniform. Several number plates and fake IDs were found in the car which he used to escape from the police.

SP Dehat Atul Sharma told that a person from Punjab who cheated some people in Mathura in the name of a job in the army. On Thursday, it was found that the accused is coming to Bhilpur, a village in Iglas to take the money. Inspector Iglas, Praveen Kumar Mann and SO Madan Singh stopped his car in front of Batto Devi School near village Bhilpur-Balipur. The car rider was in the uniform of Army Lieutenant Colonel. When they stopped the car, he started calling himself Lieutenant Colonel. After inspecting vigorously, the  inspector found the Aadhaar card, which had the name Sarvan, son of Gurmel, resident of Ludhiana, Punjab. On strict questioning, the accused stated his real name as Pradeep alias Piru, son of Gurmel. He used to call himself a lieutenant colonel and cheated the youth in the name of getting a job in the army. Seven and a half lakhs taken from three people in Mathura

Ramkumar, a resident of village Kudwara in Mant (Mathura) region, had registered a case of cheating against the accused on Tuesday. He said that the accused had convinced himself to get a job by calling him a Colonel in the Army. The fake colonel took two and a half lakh rupees from Manoj and Tejveer of the same village and his companions.  He also took education related papers. On 10 July, Rajkumar gave 7.5 lakh rupees Lokesh Sharma, resident of Bhilpur. On finding about the fraud and asking for money and papers, Sarvan( fake colonel) threatened to kill the victims.

  • Paswan accuses 11 States of passing on Central PDS subsidies as their own

Union Food and Consumer Affair Minister Ram Vilas Paswan on Friday accused several States of taking subsidised PDS foodgrains and passing them on to end users as their own without giving any credit to the Centre.

He said this trend is apparent in 11 states, mostly non-BJP-ruled, that are trying to undermine the efforts of the Central Government in ensuring that no poor goes hungry.

According to Paswan, there are 11 States which take subsidised foodgrains from the central government but are passing on to ration card holders free of cost or at further subsidised rates.

"These states spend about Rs 10,000 crore from their pocket and pass it to end users as their own. This is wrong on their part. They should give due credit to the central government.

"Out of 11 States, four States (West Bengal, Kerala, Tamil Nadu and Karnataka) are distributing grains at free of cost, while six states (Andhra Pradesh, Telangana, Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha) are distributing rice at a further subsidised rate of Rs 1/kg and Tripura at Rs 2/kg rice via PDS, he said.

Under the National Food Security Act (NFSA), the central government is providing foodgrains to States for distribution through Public Distribution System (PDS), also known as ration shops, at a subsidised rate of Rs 2/kg rice and Rs 3/kg wheat, costing over Rs 1 lakh crore annually to the exchequer. "We are spending over Rs 1 lakh crore annually on subsidised PDS foodgrains distribution, but in several states there is no mention or credit given to the Union government," Paswan said at a virtual press conference.

“Since 01 July 2020, the Pradhan Mantri Garib Kalyan Anna Yojana 2 has been started, which will continue till November 2020. During this period, a total of 201 LMT food grains will be distributed among 81 crore beneficiaries, as well as a total of 12 LMT whole chana will be distributed among 19.4 crore families,” he said.

"We bear over 90 per cent procurement cost of the foodgrains, but the Government of India name is not given even in advertisements. They claim as if they are bearing the entire cost. The state governments should take note of this," he said. The beneficiaries should be told that the subsidised grain is coming from the central government not only under the NFSA but also through newly launched Pradhan Mantri Garib Anna Yojana (PMGKAY), he added.

  • Vijayan lashes out at media over gold smuggling case

For the first time since the gold smuggling scam hit the headlines, Kerala Chief Minister Pinarayi Vijayan lost his cool in a Press briefing on Friday and issued a stern warning to journalists ‘who were out to discredit him in public life’.

“There is a media syndicate working in the State with an intention to tarnish my image. The people in the State know about me. However hard you try, you will not succeed in your attempts,” said a visibly upset Vijayan when he was asked about reports attributing to the National Investigation Agency that appeared in a section of the media.

Some media houses had reported quoting a statement made by the NIA to the Special Court that Swapna Suresh, the kingpin in the smuggling racket, was known to Vijayan and she had wielded influence in the Chief Minister’s Office. The Chief Minister who was taken aback by the question gave the reporter a piece of his mind in harshest terms. He warned the journalist not to attempt to get an answer from him to suit the former’s convenience.

The press briefing, convened to inform the media about the Covid-19 update ended in a not so pleasant note as a section of the media persons expressed their displeasure in private over the ire of the Chief Minister when faced with inconvenient questions.

  • Delhi Police analyses need for riot control equipment in all dists

To avoid any untoward incident and to face any challenging situation on law and order across the National Capital, the Delhi Police on Thursday conducted a detailed analysis of the requirements for various Riot Control Equipment in all the districts and Delhi Armed Police battalions.

“In order to control any law and order situation with minimum use of force, authorization for each district and police units were worked out. In addition, stock taking of the available resources such as Tear Gas Gun, Tear Smoke Shell, Tear Smoke Grenade, Polycarbonate Shield, Polycarbonate Lathi, Helmet and Body Protector (Full) was done,” said Anil Mittal, Additional Public Relation Officer (APRO), Delhi Police.

“Tear Smoke Shells which had neared its expiry dates can-be utilized for imparting live demonstrations and training to newly recruited police personnel. To augment the resources available with different Districts and Battalions further procurement of Riot Control Equipment is in process,” said Mittal.

“Emphasis is given on proper training and conducting riot control drills so that any law and order situation can be dealt with minimum use of force while creating maximum impact. The lessons learnt in various law & order situations  are also being re-visited and training is being imparted by officers well versed with the riot control operations,” said Mittal.

“Apart from equipping the force with necessary equipment and drills, emphasis is also laid on prevention of law and order situations. This involves closer ties with the local population, gearing up of the intelligence collection mechanism, quick redressal of grievances of the victims, regular interaction with Peace Committees and different communities to address their issues,” said the APRO.

“It is a constant endeavour of Delhi Police to provide a safe and secure environment in the city while also preparing itself to quell any threat to peace and harmony in the various sensitive localities.

  • Delhi rolls out EV policy to boost economy

Delhi Government on Friday launched its Electric Vehicle Policy aiming to boost economy and helping in fight against vehicular pollution in the Capital.

Claiming the policy for pollution-free and sustainable development, Chief Minister Arvind Kejriwal said the policy will also generate job opportunities in transportation sector mainly.

Unravelling the plan, Kejriwal said electric vehicles to contribute to 25 percent of all new vehicle registrations by 2024 which is barely 0.2 percent presently.

Touting the policy, the Aam Aadmi Party ( AAP ) supremo said the EV Policy will make Delhi a world leader in the field of electric vehicles in the next five years,”this is one of the most progressive EV policies in the world.”

In winters, the Capital faces tough time due to high concentration of noxious particles in air while with the induction of e-vehicles, one factor - the less emission may bring a sigh of relief for city.

Under the EV Policy, the Delhi government is providing a subsidy up to Rs 30,000 on the purchase of two-wheelers, auto-rickshaws, e-rickshaws, freight vehicles each, and Rs 1.5 lakh incentives on cars.

Interestingly, there is a scheme named as FAME India Phase 2 scheme of the Central government, where major incentives and subsidies are available.

The incentives announced by the Delhi government are in addition to the incentives by the central government.

 To encourage masses to buy e- vehicle, government is also providing scrapping incentives. "Many people have polluting vehicles at their homes, which are petrol and diesel vehicles. In this case, the old vehicle can be exchanged while purchasing the new vehicle so that it reduces the cost of the new vehicle further. This scrapping incentive is being given for the first time in the entire country,"  ,Kejriwal said, "After working hard in the last 2-3 years and holding discussions with consumers and experts, we have prepared the electric vehicle policy in Delhi. The policy has been notified today in the morning. China is being considered in the first position when discussions on electric vehicles are held across the world. It is believed that China has a really good system in place when it comes to electric vehicles. I am sure that when discussions on electric vehicles will be held across the world after five years, Delhi will be leading the way in this field. I am happy to say that this policy is not only the most progressive of its kind in the country but, it is also considered as one of the most progressive policies of all the electric policies across the world."

Kejriwal said that there are two objectives behind launching the EV Policy. The Coronavirus pandemic has wreaked havoc in the economic systems of all nations across the world.

  • China arrests netizen for spreading ‘rumours’ of death of Chinese troops

Chinese police have arrested a man for posting "rumours" on social media alleging that poor-quality military vehicles have caused the "death" of PLA soldiers during the India-China border clash, the official media here reported.

Recently, a netizen surnamed Zhou was arrested by police for "spreading rumours online stating that the poor quality of military vehicles supplied by the Dongfeng Off-road Vehicle Co., Ltd. Has caused the death of Chinese soldiers during the China-India border clash," a report in Chinamil.Com, which is attached to the Chinese Ministry of Defence, said.

On August 3, Dongfeng Company complained to police about the online post by Zhou after learning that he had posted "rumours" on his WeChat Moments by claiming that internal corruption in the company led to the poor quality of its military vehicles resulted in the casualties of Chinese soldiers on the China-India border, the report said on Thursday.

Zhou was arrested on August 4 by police. "He confessed to his crime of rumour-mongering, showed remorse, and wrote a sincere apology letter," the report said.               

"I fabricated rumours about corruption of individual personnel of the Dongfeng off-road vehicle company, resulting in poor quality of military vehicles provided, and finally causing soldiers to die in the frontline at the China-India border and return of 5,000 military vehicles.

"These rumours were published on the family WeChat group," Zhou said in his letter of apology published by the official media.    The Dongfeng company has been engaged in the research and development and manufacturing of high-mobility off-road vehicles for military operations for a long time, being considered as China's top military vehicles manufacturer, the report said.

Online posts about the secretive People's Liberation Army's (PLA) activities are usually immediately spotted and blocked by China's internet firewalls. The rare report was published by the official media to serve as a warning to others like Zhou, observers said.

Twenty Indian Army personnel were killed in the Galwan Valley clashes on June 15. China has not released information on the casualties on its side but according to an American intelligence report it was 35.

  • Purchase of 75 Pilatus basic trainer aircraft for IAF: ED raids multiple locations

The Enforcement Directorate (ED) on Friday conducted searches at multiple locations in various cities in connection with a money laundering case relating to alleged corruption in the purchase of 75 Pilatus basic trainer aircraft for the Indian Air Force (IAF) in 2009.

The searches were conducted at 14 premises including a dozen in the national capital and one each in Gurgaon and Surat, officials said.

The ED had initiated a money laundering case to probe the deal and is carrying out the search operation to gather evidence under the Prevention of Money Laundering Act (PMLA), they said.

The case involves absconding arms deal broker and alleged middleman Sanjay Bhandari, who is already facing separate ED and CBI probes for corruption and alleged possession of undeclared assets in the country and abroad.

Bhandari is suspected to be staying in the UK at present and the ED is in the process of initiating extradition proceedings against him.

The CBI had filed a criminal case in the Rs 2,895 crore Pilatus deal  in June last year.

The PMLA case was lodged by the ED after taking cognisance of the CBI FIR to probe the money laundering angle in the case and alleged creation and generation of illegal assets by the accused.

The CBI had named Bhandari as an accused in the case along with unidentified officials of the Indian Air Force, the Defence Ministry and Switzerland-based Pilatus Aircraft Limited in the case. The Swiss company was one of the bidders for the contract floated in 2009.

The CBI has alleged that Pilatus had entered into a criminal conspiracy with Bhandari and Bimal Sareen, both directors of Offset India Solutions Pvt Ltd, and dishonestly and fraudulently signed a Service Provider Agreement with Bhandari in June 2010 in violation of the Defence Procurement Procedure, 2008.

The deal was allegedly done to get the contract for supply of 75 basic Trainer Aircraft to the IAF.

The agency had alleged that the company made a payment of CHF 1,000,000 in the account of Offset India Solution Private Limited with the Standard Chartered Bank, New Delhi in two tranches in August and October, 2010.

  • J&K Bank loan fraud case: ED raids 17 locations

The Enforcement Directorate (ED) on Friday conducted searches at 17 locations in Delhi, Ludhiana, Jammu and Srinagar in connection with the J&K Bank loan fraud case involving Hilal Ahmed Rather in a money laundering case worth Rs 177.68 crore. Hilal is  son of former Minister Abdul Rahim Rather, who served as Finance, Agriculture, Rural Development, Law and Parliamentary Affairs Minister under the National Conference-led government in the erstwhile State.

The investigation under the Prevention of Money Laundering Act was initiated on the basis of an FIR registered by the Anti-Corruption Bureau, Jammu.

“Investigation conducted by ED revealed that a loan of Rs 177.68 crores was sanctioned by the J&K bank, without verifying documents and in violation of guidelines of RBI, to Paradise Avenue for construction of a residential housing project in Jammu,” the agency said in a statement.

A substantial part of the loan was siphoned off by Hilal Rather by transferring the funds from the loan account of Paradise Avenue to various entities and rerouting the funds back to the firm’s current account from where it was further withdrawn and transferred for purchase of movable/immovable assets in India, Dubai and USA, the ED said.

The funds were also spent on foreign tours and other personal activities of Rather. As many as three flats in the name of Hilal Rather and family members were acquired in Dubai and one Bungalow was acquired in the name of Hilal Rather and his wife in North Carolina, USA, the agency saud.

The residences of Abdul Rahim Rather in Srinagar and Hilal Rather in Jammu were among the premises searched by the ED. Several incriminating documents and digital evidence have been seized during the search operations, the agency added.


Wanted To Stay Updated & Gain Knowledge. Join Our What'sApp Group Here.

 

Post a Comment

0 Comments