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‘To be placed before CJI first’: SC on plea seeking sacking of ministers Malik, Jain

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The Supreme Court on Thursday said that a plea, seeking direction to the governments of Maharashtra and Delhi for sacking of arrested ministers Nawab Malik and Satyendar Jain, would be listed for hearing after it is placed before Chief Justice N.V. Ramana.

As Advocate Ashwini Kumar Upadhyay mentioned the plea for urgent listing before a vacation bench of Justices C.T. Ravikumar and Sudhanshu Dhulia, the bench asked: “Did you make a mention (the plea) before the Registrar?….. Everyday we are saying ‘please make a mention before the registrar and even then, if it is not posted, mention it before us’.”

Upadhyay submitted that there is “serious violation” of Article 14 (equality before law) of the Constitution, and added that the Maharashtra minister is in judicial custody for 4 months while the Delhi minister was also in judicial custody for nearly 30 days. “Unfortunately, these ministers are public servants. There’s a serious violation of Article 14,” said Upadhyay.

The bench told Upadhyay that he should mention the plea before the Registrar and most probably it will be posted next week. “Such matters will be posted before the Chief Justice first, then only it will be listed,” it said.

The plea said: “Direct and declare that the Minister, who is not only a public servant under S. 21 of the IPC and S. 2(c) of the PCA (Prevention of Corruption Act) but also a lawmaker and takes constitutional oath under Schedule-3; shall be temporarily debarred from holding office, after 2 days in judicial custody (like IAS, Judges & other public servants are suspended from services).”

The plea also sought a direction to the Law Commission to examine election laws of developed countries and prepare a comprehensive report to maintain nobility and dignity of ministers, legislators and public servants in spirit of Article 14. Upadhyay filed the petition through advocate Ashwani Kumar Dubey.

The petitioner sought a direction to Maharashtra government to sack Malik who was arrested in February 2022 and continues in judicial custody in connection with cases of black money, benami properties, money laundering and disproportionate assets, linked with Mafia don Dawood Ibrahim. “Petitioner also seeks direction to Delhi Government to sack Cabinet Minister Satyendra Jain, who was arrested on May 31, 2022 and continues in judicial custody in connection with cases of black money, benami properties, ghost companies, money laundering and disproportionate assets,” added the plea.

Crime

Kunal Kamra row: 3 more FIRs filed over Shinde jibe, merged with Mumbai case

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Mumbai, March 29: In fresh trouble for controversial comedian Kunal Kamra, three additional FIRs filed against him in different cities have been merged with the one registered in Mumbai’s Khar police station over his alleged jibe at Maharashtra Deputy Chief Minister Eknath Shinde.

The stand-up comedian courted controversy for cracking an allegedly objectionable joke during a show last month, using the term ‘gaddar’ (traitor) to make a veiled reference to Shinde.

The three zero FIRs that have been merged with the main case registered in Khar were filed in Thane, Nashik and Buldhana by Shiv Sena workers.

The three FIRs were filed by Sunil Jadhav from Nandgaon Manmad, Nashik; Sanjay Bhujbal from Jalgaon Jamod, Buldhana and Mayur Borse from Manmad, Nashik.

The complainants in the three FIRs said that the comedian allegedly created hatred between political parties by making ‘objectionable’ remarks against Shinde. They also alleged that Kamra’s remarks defamed Shinde’s ‘conduct’.

The three FIRs were registered under penal provisions of the Bharatiya Nyaya Sanhita dealing with defamation and public mischief.

Kamra, who has been granted protection against arrest till April 7 by the Madras High Court, has been summoned by Khar police for recording his statement on Monday – this will be the third police attempt to call him as he has not responded to two earlier requests.

Deputy Commissioner of Police, Zone 9 (Mumbai), Dixit Gedam said two offences have been registered at Khar police station.

One is against Kamra for derogatory comments, while the other is against people who vandalised the Unicontinental hotel in Khar where the shoot of his stand-up comedy act titled ‘Naya Bharat’ took place.

Kamra landed in trouble after giving a comic spin-off to a popular Hindi song in which he indirectly described Shinde as a ‘traitor’, referring to the 2022 Maharashtra political crisis which eventually led to the collapse of the Uddhav Thackeray-led state government.

The controversy snowballed after Kamra uploaded a clip from the show on social media last Saturday. Angry Shiv Saniks vandalised the hotel, resulting in the arrest and the subsequent granting of bail to 12 Shinde supporters.

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Crime

Accused in Saif Ali Khan stabbing case files bail plea, claims innocence

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Mumbai, March 29: Mohammad Shariful Islam Shahzad, the accused in the stabbing of Bollywood superstar Saif Ali Khan, has filed a bail petition in the Mumbai Sessions Court, asserting that he is innocent and the case against him is fabricated.

The attack took place in the early hours of January 16 when the accused allegedly entered Saif’s Bandra residence through his youngest son Jeh’s room.

The actor, who was reportedly trying to fend off the assailant, suffered multiple stab wounds. Despite his injuries, Saif managed to go to the hospital on his own, accompanied by his son Taimur.

Shariful Islam Shahzad’s petition, filed through his lawyer, claims that the FIR was wrongly registered and that he has fully cooperated with the police investigation.

His legal team argues that since all evidence is already in police custody, there is no risk of tampering, and therefore, he should be granted bail.

Currently, the case is being handled by the Bandra Magistrate Court, but it falls under the jurisdiction of the Mumbai Sessions Court. Once the police file a charge sheet, the case will be transferred to the Sessions Court. However, the charge sheet is yet to be filed.

According to media reports, doctors removed a 2.5-inch knife from Saif’s wound. The actor sustained six stab injuries, two of which were serious as they were near his spine.

The incident reportedly occurred around 2:15 am on January 16 when the accused broke into the house, attacked the house help, and then stabbed Saif when he intervened.

Saif was alerted by noises from Jeh’s room, where he found the accused in an altercation with the house help. Attempting to protect the staff, Saif fought off the intruder with his bare hands before being stabbed multiple times.

Investigations have revealed that the accused, a Bangladeshi national, intended to rob a wealthy individual to finance his mother’s medical treatment in his home country. He has a history of petty theft and was previously dismissed from restaurants in Worli and Thane for stealing.

It is also reported that the attacker was unaware of Saif Ali Khan’s celebrity status and targeted the residence purely because it was located in an upscale apartment complex.

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Crime

Baba Siddique Murder Case: Late NCP Leader’s Wife, Shehzeen Siddique, Seeks To Join Prosecution And Pleads For Justice In Special MCOCA Court

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Mumbai: Late NCP leader Baba Siddique’s wife Shehzeen has approached the special MCOCA court, pleading that she be allowed to join the prosecution to conduct the case of her husband’s murder, as her family is the ultimate victim of the act of the accused.

As the court is yet to begin the trial, Baba’s wife Shehzeen has, on Friday, submitted an application through her advocate Trivankumar Karnani, seeking permission to allow her to join the prosecution to conduct the trial in the case. She pleaded that the accused have committed a cold-blooded, gruesome murder in a pre-planned and premeditated manner of the deceased.

“She has suffered an irreparable loss, and that it is of utmost importance for the intervenor to put on record the true and correct facts to assist this Court to come to a free and fair conclusion in the matter at hand,” Shehzeen said in her application, adding that there are several important aspects which require due and proper weightage.

The application emphasis on the right of the victim to be heard as held by Supreme court in numerous pleas. “It has been held that the victim is the defacto sufferer of a crime. The ethos of criminal justice dispensation to prevent and punish crime should not surreptitiously turn its back on the victim. The jurisprudence with respect to the rights of victims to be heard and to participate in criminal proceedings began to positively evolve,” reads the plea.

Siddique, 66, was killed on October 12, 2014, near his son Zeeshan Siddique’s office in Bandra. Three assailants allegedly part of Bishnoi’s gang had opened fire at the car where Baba sat to leave from the office. As soon as he got into the car, the accused opened fire at him, giving no room for his guards to react. The assailants however were caught by police while they tried to escape.

Shehzeen further pleaded that, “This audacious attack, executed in one of the city’s most affluent and bustling neighborhoods, saw the assailants shoot Siddique at point blank range, before fleeing the scene, leaving behind a trail of grief and outrage for the family of the deceased,’ reads the plea.

So far, police have arrested 26 suspects in connection with the murder. The Mumbai police had, in December, submitted a chargesheet against 26 accused involved in the murder of NCP leader. The police claimed that the murder was ordered by Bishnoi, who is heading the gang.

In its chargesheet, the police claimed that the investigation revealed that the members of the gang had hatred against the Bollywood actor Salman Khan. Besides, Siddique was very close to the actor, and further, the gang wanted to establish terror and supremacy. These were the key motives behind conspiring to kill Siddique.

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