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Bagga gets reprieve from Punjab and Haryana High Court

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In a major reprieve to BJP leader Tajinder Pal Singh Bagga, the Punjab and Haryana High Court on Tuesday ordered continuation of his interim protection.

But Justice Anoop Chitkara questioned Punjab on filing of a habeas corpus plea in the case.

The case will come up for final hearing on July 5 after the summer break.

Additional Solicitor General Satya Pal Jain refuted the allegations of illegal detention and said not even a single officer was detained.

An affidavit in this regard has already been filed by the Delhi Police.

The High Court last week stayed the arrest of Bagga and directed the Punjab government to not take any coercive action against him until the next hearing which was scheduled for May 10.

The BJP leader moved the High Court while challenging a non-bailable arrest warrant issued against him by a Mohali Court on May 7.

The Punjab government, in its habeas plea, had moved two applications: one for making the Centre a party to the case and the second for direction to Delhi and Haryana Police to preserve the CCTV cameras.

The state had filed the habeas corpus petition against the Haryana government, alleging that 12 Punjab Police officers involved in the arrest of Bagga have been detained by Haryana police in Kurukshetra.

Punjab also sought the custody of Bagga, the national secretary of the Bharatiya Janata Yuva Morcha, who was held in connection with a case registered against him in Mohali last month.

In its plea, the Punjab government had alleged that when Punjab Police was taking Bagga to SAS Nagar (Mohali) to produce him before the area magistrate, the Haryana Police stopped them midway and brought them to the Kurukshetra where his custody was given to the Delhi Police.

Delhi Police, which reports to the Union Home Ministry, on May 6 took Bagga’s custody and later released him after legal process.

It also lodged two cases against Punjab Police in connection with Bagga’s arrest.

Punjab Police, while taking Bagga to Mohali from Delhi, was stopped midway by the Haryana Police after Delhi Police registered a kidnapping case on the complaint of father of the BJP leader.

National News

Exciting to be part of different energy when Rohit, Virat are around: Bavuma

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Ranchi, Nov 29: South Africa captain Temba Bavuma said it will be exciting to be part of a different kind of energy on the field when India stalwarts Rohit Sharma and Virat Kohli are present for the ODI series opener, to be held at the JSCA International Stadium on Sunday.

With Rohit and Kohli back in action after playing in the ODI series against Australia in October, the chatter has been huge over whether the veteran duo can sustain their form and fitness to feature in the 50-over World Cup two years from now.

For now, everyone’s focus will be on how the duo fare against the Bavuma-led Proteas in Ranchi, Raipur and Visakhapatnam. “I think it’s exciting, right? It’s exciting for the locals, having the two living legends come back and play on Indian soil for a while.”

“So it’s exciting for us to be a part of a different type of energy when those two big guys are around. So it’s something that we’ll be looking forward to,” said Bavuma in a video posted by Star Sports on their Instagram account on Saturday.

Asked about the plans South Africa will have for getting the better of the veteran batting duo, Bavuma said, “I think like any other players, we will do our preparation around them, come up with whatever tactics that we come up with. But we know that the energy is going to be a little bit different, but it’s an exciting one.”

“From a captaincy point of view, I don’t think much really changes for my side. I think you obviously want to lead with the bat, and then you want to lead the guys out there tactically on the field. So, nothing really, I don’t think much really changes,” he added.

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Crime

Bengal school job case: 269 ‘tainted’ teachers qualified for interview in fresh recruitment

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Kolkata, Nov 29: The West Bengal School Service Commission (WBSSC) has identified as many as 269 “tainted” teachers from the commission’s panel for 2016 who not only appeared for the fresh recruitment of primary teachers but also qualified for the interview.

In April this year, a division bench of the Supreme Court cancelled WBSSC’s entire panel for 2016 and barred the “tainted” teachers, who were proved beyond doubt of securing teaching jobs in state-run schools by paying money, from participating in the fresh recruitment process.

A petition was filed at the Calcutta High Court recently alleging that some “tainted” teachers not only participated in the written examination for fresh recruitment of higher secondary teachers in September this year but also qualified for the interview.

These “tainted” teachers, WBSSC sources said, got interview-qualified by taking advantage of the new weightage criterion, carrying 10 marks for past teaching experience.

The commission, thereafter, reviewed the background of the interview-qualified candidate and identified the 269 “tainted” teachers from the 2016 panel who qualified for the interview.

The commission had rejected the candidature of these 269 “tainted” teachers for the fresh recruitment process.

However, WBSSC sources said that even this list, if not final, and in the future, if more such interview-qualified “tainted” teachers are identified, their candidatures would also be cancelled.

On Friday, while hearing on the petition filed in the matter, Calcutta High Court’s single-judge bench of Justice Amrita Sinha questioned the basis on which WBSSC determined the “untainted” teachers from the commission’s 2016 panel, which would be deemed eligible for participation in the fresh recruitment of secondary and higher secondary teachers this year.

Justice Sinha raised the critical question on the basis on which WBSSC will determine which candidates will be eligible for the 10-mark weightage criterion for past teaching experience.

She also said that, apparently, it seemed that several eligible candidates were deprived of participating in the fresh recruitment process because of new rules introduced in the fresh recruitment process.

However, her bench did not give any specific direction on the matter.

The next date of hearing will be on December 1, when the counsels of the state government and WBSSC will present their arguments in the matter.

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Crime

Bombay HC Grants Interim Relief To Ultra Lifespace, Directors In ₹38.12-Crore FIR Case

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The Bombay High Court has granted interim relief to Ultra Lifespace Pvt Ltd and its three directors Mayank Shah, Jignesh Shah, and Tushar Shah in connection with an FIR alleging cheating of Rs38.12 crore. A bench of Justices Revati Mohite-Dere and Sandesh Patil, on November 19, directed that the investigation continue till the next hearing on December 10, but no chargesheet should be filed in the meantime.

The directors have sought quashing of the FIR, first registered at Bandra police station and later transferred to the Economic Offences Wing (EOW). Their lawyers, Aabad Ponda and Sujay Kantawala, argued that the matter stems from a commercial dispute and not a criminal offence.

The case originates from a complaint by Vijay Thakkar, 54, a builder from Vile Parle (West), who in 2014 booked three flats in a Bandra Reclamation project developed by Satra Buildcon Pvt Ltd (SBPL). Two flats were priced at Rs11 crore and the third at Rs11.75 crore. Thakkar paid Rs7.33 crore, after which a registered agreement was executed.

Under the agreement, construction was to be completed by December 2017, with the occupancy certificate (OC) within a year. In case of delay, the buyer was entitled to a refund with 18% interest, which Thakkar sought when the project failed to meet the deadline. SBPL later assured possession by December 2019 after redevelopment, but the project was subsequently handed over to Ultra Lifespace.

Ultra Lifespace obtained the OC in 2020 and began giving possession to other buyers. Thakkar alleges he was denied possession of all three flats and approached MahaRERA, which directed Ultra Lifespace to hand over possession and refund pending dues with interest. Thakkar claims Rs30.76 crore is owed and, along with Rs7.35 crore paid for development and maintenance, brings his total claimed loss to Rs38.12 crore.

Thakkar eventually lodged a complaint with the EOW alleging cheating and criminal breach of trust.

Ultra Lifespace directors argue that Thakkar misused police machinery to settle a civil dispute and suppressed crucial facts. They maintain that the original sale was completed under Praful N Satra, former director of SBPL. They claim Thakkar paid only Rs5.23 crore of the total Rs33 crore, leaving Rs27.77 crore unpaid.

The petition also alleges fabricated ante-dated letters from March 2018, permitting deferred payment after the OC. An FIR regarding this alleged forgery had already been lodged, which Thakkar allegedly concealed.

The Mayank Shah group took over SBPL in August 2019, later renaming it Ultra Lifespace. After the takeover, they secured the OC on March 2, 2020, and sent repeated reminders to Thakkar for outstanding dues. Both parties have challenged the MahaRERA order before the appellate tribunal and the High Court, where the matter remains pending.

The plea concludes that no ingredients of cheating are made out, noting: “Surprisingly, no allegation is made against Praful Satra.”

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