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Bombay High Court grants interim protection to NCP MLA Hasan Mushrif for two weeks in ED case

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Mumbai: The Bombay High Court on Tuesday granted interim protection to former minister and NCP MLA Hasan Mushrif for two weeks and meanwhile asked him to approach the special court seeking pre-arrest bail in the alleged money laundering case related to a sugar mill.

The court was hearing a petition filed by Mushrif seeking quashing of the ECIR (akin to a First Information Report) registered by the Enforcement Directorate (ED) against his three sons officially related to the Sar Senapati Santaji Ghorpade Sugar Factory Ltd.


Judges say all contentions on merits open

While asking Mushrif to approach the special court, a bench of Justice Revati Mohite-Dere and Sharmila Deshmukh has asked the special judge hearing cases under the Prevention of Money Laundering Act (PMLA) to hear his plea, if filed, at the earliest. “Petition is filed. No coercive action is sought. The petitioner to approach the trial court. We protect him for two weeks,” noted the bench in its order. The judges said they have kept all contentions on merits open and posted Mushrif’s plea seeking quashing of the case after four weeks.

During the hearing on Tuesday, Mushrif’s Advocates Aabad Ponda and Prashant Patil argued that the HC, on May 2, 2022, stayed the special court order initiating criminal proceedings in a cheating case registered in Kolhapur. The matter was considered a predicate offence; meaning it was a part of the money laundering case.

Mushrif premises searched on March 11

The counsels argued that Mushrif premises were searched on March 11, a day after the HC granted him relief. On March 10, the HC, directed that no coercive action be taken against Mushrif in the Kolhapur case till further order. The court also remarked that there was a “deliberate attempt” to take action against him in the ED cases.

The judges asked Additional Solicitor General Anil Singh, appearing for the ED, whether the central agency intends to arrest Mushrif. Singh replied that if the MLA wants protection he can file for pre-arrest bail before the special court. He can’t seek protection from arrest under the guise of quashing proceedings, he said.

“ED’s investigation is dependent on the predicate offence”

Ponda contended that ED’s investigation is dependent on the predicate offence. The ED’s malafide (intention) is already under the HC’s judicial scrutiny and the same FIR (in the Kolhapur case) is being investigated. Hence, it’s only fair that his client is granted relief, Ponda said.

Mushrif’s plea said the ED’s real intention was to target him. Therefore, despite having no case and the matter pertaining to the predicate offence being stayed, the agency was trying to arrest him possibly at the behest of BJP’s Kirit Somaiya. “It is common knowledge as to how in recent times the ED office is being used to wreck political vengeance and either severely damage or completely destroy political careers,” the plea alleged.

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SC quashes Gujarat Police FIR against Cong MP Imran Pratapgarhi

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New Delhi, March 28: The Supreme Court on Friday quashed an FIR registered in Gujarat against Congress Rajya Sabha member and poet Imran Pratapgarhi for allegedly disturbing social harmony.

Pronouncing its verdict, a bench of Justices Abhay S. Oka and Ujjal Bhuyan said that no criminal offence was made out and allowed Pratapgarhi’s plea to quash the complaint alleging that a video posted by the Congress leader on Instagram, which featured a poem, was inciting unrest and harming social peace.

“Even if a large number of persons dislike the views expressed by another, the right of a person to express the views must be respected and protected. Literature, including poetry, drama, films, satire, and art, enriches human life,” observed the Justice Oka-led Bench of the apex court.

After the Gujarat High Court had turned down Pratapgarhi’s plea to quash the FIR, he moved a special leave petition before the Supreme Court.

In an interim order passed on January 21, the Justice Oka-led Bench shielded Pratapgarhi from arrest as it issued a notice to the Gujarat government in the matter, and also, in the meantime, ordered that no coercive steps should be taken against the petitioner in any manner on the basis of the impugned FIR.

During the course of the hearing, the apex court raised questions over the registration of an FIR. “Please see the poem. It’s ultimately a poem. It is not against any religion. It is not against any particular community. Please apply your mind to the poem,” remarked the Justice Oka-led Bench.

The complaint against Imran Pratapgarhi dates back to January 3, when a complaint was filed at the Jamnagar police station by an advocate’s clerk. The complainant alleged that a video posted by Pratapgarhi on Instagram, which featured a poem, was inciting unrest and harming social peace.

Refusing to quash the FIR, the Gujarat HC stated that as a lawmaker, the Congress leader should have acted responsibly and respected the legal process. It further directed him to submit an affidavit clarifying the origin of the poem used in the video.

Pratapgarhi was asked to specify whether the poem was written by him or sourced from elsewhere, and if so, provide the details of its author.

He told the High Court that the poem in question was either written by the renowned poets Faiz Ahmed Faiz or Habib Jalib. He stated that he had found the poem through online sources, including Internet forums and chat rooms, but could not provide a definitive source.

He presented screenshots from an AI tool (ChatGPT) to support his claims. He argued that the poem, which promotes love and non-violence, was harmless and did not constitute a criminal act. However, the prosecution disagreed, asserting that as a parliamentarian, he had a responsibility to act with caution and not to incite public unrest through social media.

The police had issued a notice to Imran Pratapgarhi on January 4, asking him to appear on January 11, but he failed to cooperate with the investigation.

The Gujarat High Court highlighted that Imran Pratapgarhi’s action could not be defended simply based on his status as a public figure. His failure to appear before the authorities and his lack of clarity about the origin of the poem were key factors in turning down his petition. The Gujarat HC ultimately dismissed Pratapgarhi’s plea, reinforcing that lawmakers must uphold the law and act responsibly.

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Rana’s interrogation will expose ISI-Lashkar links in Mumbai attack, says Ujjwal Nikam

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Mumbai, Jan 25: Renowned Special Public Prosecutor of the 2008 Mumbai terror attacks, Ujjwal Nikam, has hailed the US Supreme Court’s decision to extradite Tahawwur Rana, an alleged conspirator in the 26/11 terror attacks, to India.

“This is a major victory for the Indian government,” Nikam stated while addressing the media on Saturday.

He explained that Rana’s appeal to the US Supreme Court, which argued against extradition citing his conviction in a Chicago court, was firmly rejected.

“The U.S. government opposed his petition, emphasising the need for him to face trial in India. The US Supreme Court’s decision paves the way for his extradition,” Nikam elaborated.

Talking about the potential impact of Rana’s interrogation, Nikam said, “This is an essential step forward. His questioning might unveil new dimensions of the Pakistan Army’s involvement in the 26/11 terror attack.”

Recalling his earlier interrogation of David Coleman Headley, a key conspirator in the Mumbai attack case, Nikam added, “Headley revealed the deep-seated collusion between Pakistan’s Inter-Services Intelligence (ISI) and Lashkar-e-Taiba. Similarly, Rana’s testimony could provide critical insights into the ISI-Lashkar nexus.”

Prominent political figures also commented on the development. Maharashtra BJP MLA Ram Kadam credited Prime Minister Modi’s effective foreign diplomacy for the extradition.

He said, “The path has been cleared to bring Tahawwur Hussain Rana to India. This is a major triumph for the country. His interrogation will once again expose Pakistan’s infamous role in global terrorism.”

Sanjay Raut of Shiv Sena (UBT), however, asked when other culprits would be brought to justice.

“This is a routine judicial process. While it’s commendable, we must also question the broader issue. When will other culprits like Nirav Modi, Dawood Ibrahim, and Tiger Memon be brought to justice? These matters cannot be overlooked.”

NCP (SP) leader Fahad Ahmad said, “While it is better late than never, we must focus on extracting as much information as possible from the accused. However, this should be a non-partisan effort, free from attempts to seek political credit or portray oneself as a hero. An investigation into the delays in handling this case is necessary to ensure such incidents do not recur in the future.”

Earlier, the US Supreme Court cleared Tahawwur Rana’s extradition to India, dismissing his review petition against the move, that is being seen as an outcome of President Trump assuming charge of the country.

Rana, a Canadian national of Pakistani origin, is wanted in the 2008 Mumbai terrorist attacks case. This was Rana’s last legal chance not to be extradited to India.

Rana on November 13 filed a “petition for a writ of certiorari” before the US Supreme Court which was denied by the top court, a day after Donald Trump was sworn in as the American President.

Rana, 64, is currently detained at the Metropolitan Detention Centre in Los Angeles.

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CAG Report On Delhi Liquor Policy Scam Case: ‘₹ 2,026 Crore Loss’, ‘Violation In Issuance of Licences’ – DETAILS

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New Delhi: A Comptroller and Auditor General (CAG) report on the now-scrapped excise policy by the Aam Aadmi Party (AAP) government in Delhi pointed out several “lapses” in the policy. The CAG report claimed that Rs 2,026 crore loss was incurred to the exchequer. The report was released days ahead of the Delhi Assembly Elections 2025. The report alleged that AAP leaders got “kickbacks”. Notably, it is a draft CAG report as it is yet to be tabled in the Delhi Assembly.

The CAG report also claimed that licence norms were flouted. Notably, the then deputy chief minister Manish Sisodia was heading the excise department when the policy liquor excise policy was introduced in Delhi. The report highlighted that Sisodia ignored recommendations by the expert panel over the policy.

It also pointed out that arbitrary decisions were taken without any approval from the Lieutenant Governor.

– The 2021 liquor policy caused a whooping loss of Rs over 2,000 crore.

– The entities bidding for the license were not financially strong, yet they were allowed to bid.

– The approval from the then Lieutenant Governor Anil Baijal and the cabinet was not taken.

– Deviation from the objectives of the policy.

– There is a lack of transparency.

– Violation in the issuance of licences.

Breakdown of the total losses:

As per the CAG report, some of the retailers did not surrender their licences before the expiry of the policy and they were not rendered by the AAP government causing the loss of Rs 890 crore. Zonal licensees were granted exemptions, which reported caused an additional loss of Rs 941 crore. Meanwhile, another license fee waiver of Rs 144 crores was also granted to zonal licensees on the pretext of the COVID restrictions.

The AAP questioned the existence of the CAG report on the Delhi liquor policy scam case.

Meanwhile, the Bharatiya Janata Party (BJP) and the Congress lhit at the AAP over the repoprt.

“… CAG has revealed the whole story of the corruption of AAP chief Arvind Kejriwal, who has played the role of a broker by destroying the happiness of Delhi… This is the same CAG report which Arvind Kejriwal used to wave in 2013 to fight against Sheila Dikshit and today the same CAG report has declared Arvind Kejriwal corrupt…” BJP leadre Manoj Tiwari told ANi.

“CAG has said that there has been a scam of Rs 2000 crores in the liquor policy… Now it is clear that he (Arvind Kejriwal) has done wrong… He has emptied the government treasury. If Rs 2000 crores have been spent in 6 months due to the liquor policy. If that scheme was still running, we would have suffered a loss of Rs 10,000-12,000 crores,” Congress leader Sandeep Dikshit stated as reported by the news agency.

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