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‘Last Chance’: SC seeks Vijay Mallya’s presence in contempt case hearing

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The Supreme Court on Thursday gave a final opportunity to fugitive businessman Vijay Mallya to appear before it before it pronounces sentence in contempt case filed by banks, in which he was found guilty.

A bench of Justices U.U. Lalit and S. Ravindra Bhat said the court has found Mallya guilty of contempt and punishment has to be imposed. Going by normal logic, the contemnor has to be heard, but he has not appeared before the court so far, it said.

Senior advocate Jaideep Gupta, who is amicus curiae, submitted that the matter may be adjourned for short time with an expression that this could be the final opportunity.

Justice Bhat observed that Mallya has abstained from the hearing so far, and in the next hearing, the same thing will happen, and then the court would have to pronounce sentence in absentia.

Justice Lalit added that he was given multiple opportunities.

Justice Bhat said this cannot become a gateway for courts of first instance to adopt this method, and it has to be specifically mentioned that circumstances in the present case were extraordinary.

Solicitor General Tushar Mehta clarified that it was not the Indian government stand that some confidential proceedings against him are pending in the UK, rather it was the stand of the UK government which was delaying his extradition. The bench agreed to take on record Mehta’s submissions.

The bench noted the amicus says that principles of natural justice were sufficiently complied with and adequate opportunity was given to the contemnor, the matter can be adjourned for a short time, and a final opportunity should be given.

After hearing arguments, the top court scheduled the matter for further hearing in the last week of February. It also clarified that if Mallya is not present in the hearing, then the matter will be taken to its logical conclusion.

According to a judgment delivered on July 14, 2017, Mallya was found guilty of contempt for not paying Rs 9,000 crore dues to the banks despite repeated directions. Additionally, he was also accused of not disclosing his assets and also secretly trying to dispose of the assets to defeat the purpose of recovery proceedings.

On October 6, 2020, the Ministry of Home Affairs (MHA) has told the Supreme Court that the UK Home Office has intimated that there is a further legal issue which needs to be resolved before Mallya’s extradition takes place and this issue is outside and apart from the extradition process having effect under the UK law.

The affidavit had said that Mallya’s surrender to India should, in principle, have been completed within 28 days after he lost the appeal against extradition. However, the UK Home Office then intimated India of the further legal issue.

On November 2 last year, the top court had asked the Centre to file a status report on extradition of the fugitive businessman within six weeks, and on November 30, it said it will begin hearing on sentencing of him in contempt of court, in which he was held guilty in July 2017.

Crime

32-Year-Old Man Arrested For Hoax Bomb Threat To Mumbai Police Control Room; Suspect Was Drunk & Had Past Record Of Similar Calls

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Mumbai: Panic gripped the Mumbai Police force on Thursday evening after the control room received a call from an unidentified person claiming that a bomb would be detonated inside a suburban local train — the city’s lifeline. Within hours, the Azad Maidan police special team traced and arrested the caller, identified as Suraj Dharma Jadhav (32), from Kalina, Santacruz.

According to police officials, Jadhav, who is addicted to alcohol, has a past record of making similar hoax bomb threat calls to the police.

About The Case

On Thursday, after consuming liquor, he allegedly phoned the police control room and declared that he would trigger a blast in a suburban train before abruptly disconnecting the call. When police dialed back, the number was found switched off.

With Independence Day around the corner, senior police officials took the threat very seriously and directed the local police, Railway Police, and the Crime Branch to conduct immediate checks. Security was tightened across railway stations, with increased deployment, baggage checks, and inspection of suspicious individuals. However, no suspicious object was found.

Investigators traced the call to Kalina and picked up Jadhav for questioning. During interrogation, he confessed to making the hoax bomb threat. Police revealed that he had earlier been arrested for a similar offense and was out on bail. Despite having been bound down previously under preventive action by the Assistant Commissioner of Police’s office, Jadhav repeated the offense. Authorities have now warned that stricter action will be taken if he violates the bond conditions again.

Meanwhile, the Railway Police Force (RPF) and local police continued heightened vigilance at key stations following the threat.

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Crime

Mumbai: POCSO Court Sentences 50-Year-Old Businessman To 20 Years For Repeated Sexual Assault Of Minor

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Mumbai: A special POCSO court in Dindoshi sentenced a 50-year-old Malad businessman, who owns an imitation jewellery factory, to 20 years of rigorous imprisonment for repeatedly sexually assaulting a minor girl from April 2021 to February 2023 on the promise of marriage.

Observation Made By The Court

The Dindoshi court, while convicting the businessman, held that, “it is indigestible that a married man who at the relevant time, which is, from 2021 to 2023, was the father of four children, still enticed the victim expressing his desire to marry with her. This itself goes to show that the accused not only had a culpable mental state of mind but also the accused committed the offence of rape, not on one occasion but repeatedly.”

The court noted that the accused exploited the victim’s minority and her family’s status as his tenants, with her mother working in his factory. “The victim was influenced by the accused to marry her once she attained majority. The innocence of the victim reflects from her understanding that she had no idea about the consequences that the accused is quite older than her, he is already married and has four children,” the court added, noting the victim’s lack of maturity and understanding of reality.

In a separate case, a Thane sessions court sentenced a 35-year-old man to 10 years of rigorous imprisonment, with a Rs 10,000 fine, for raping his 10-year-old stepdaughter in April 2019, along with a one-year sentence under the Juvenile Justice (Care and Protection of Children) Act and a Rs 1,000 fine.

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Crime

Two Held With ₹68 Lakh Cash Near India-Myanmar Border In Mizoram; Heroin Worth ₹78 Lakh Seized

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Aizawl: Two persons were arrested with Rs 68 lakh in cash near the India-Myanmar border in east Mizoram’s Champhai district, officials said on Thursday.

Acting on a tip-off, the Assam Rifles intercepted a vehicle at Zote village on August 11, they said.

Upon thorough checking, Rs 60 lakh in cash was recovered from two persons in the vehicle.

The duo, identified as Joseph Lalthansanga and Vanlalruati, could not state any proper reason why they were carrying such a huge amount of cash. They were subsequently handed over to the police for legal action, officials said.

In another operation, the Assam Rifles recovered 94.6 gram of heroin, worth Rs 78 lakh, from the village on Wednesday.

The drugs were handed over to the Excise and Narcotics Department, officials said.

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