Crime
‘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
RG Kar victim’s parents yet to secure death certificate even after six months
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Kolkata, Feb 22: Over six months have passed since the shocking rape and murder of a junior woman doctor at Kolkata’s R.G. Kar Medical College and Hospital but her parents are still to get a copy of her death certificate.
The body of the victim was recovered from a seminar hall within the premises of the state-run institution early on August 9 last year.
The victim’s parents have alleged that they have been unable to get the death certificate till now as the R.G. Kar and Kolkata Municipal Corporation (KMC) authorities are shifting the responsibility onto each other.
According to them, the KMC authorities are claiming that since the “place of death” is R.G. Kar, it is the responsibility of the hospital authorities to provide the death certificate.
On the other, the R.G. Kar authorities claim that if a patient dies within the hospital premises or is even brought dead to the hospital, the death certificate will have to be provided by the KMC authorities, the parents added.
The victim’s parents have further claimed that although they have not got a copy of the death certificate, it has been mentioned in the court documents, as per the statement of a medical officer attached to R.G. Kar.
They now say if the death certificate is mentioned in the court documents, why was a copy of the certificate not handed over to them?
Last week, a special court in Kolkata, which had convicted and sentenced civic volunteer Sanjay Roy in the rape and murder case, directed the Central Bureau of Investigation (CBI) to file a fresh progress report on its investigation in the matter on February 24.
Since the special court has already pronounced the sentence for the convict in the main crime of rape and murder, legal circles feel that the fresh progress report will be related to the angle of tampering with the evidence in the case.
It is learnt that the special court had directed the CBI to submit a fresh progress report following a complaint filed by the counsel of the victim’s family accusing the central agency of not updating the court on the progress of investigation in the matter periodically.
Crime
Ten persons arrested for attack on Congress MP, says Assam CM
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Guwahati, Feb 21: Assam Chief Minister Himanta Biswa Sarma said on Friday that ten persons have been arrested in connection with the attack on Congress MP Rakibul Hussain.
Taking to social media platform X, CM Sarma said, “The police have identified the individuals involved in the alleged incident of assault on Congress MP Sri Rakibul Hussain.”
He also mentioned that the actions will be taken as per the law.
The Dhubri MP was attacked while attending a public programme in the Nagaon district.
The Congress MP had to run from the spot wearing a helmet to save himself. The security officers of Hussain sustained minor injuries in the attack.
In a viral video, it was seen that some masked miscreants initially showed black flags to the Congress MP and after that attacked him.
In the video, Hussian was seen fleeing from the spot in a two-wheeler to save himself from the attack.
The incident that happened in the Ruporihat locality drew criticism from the opposition with Congress leaders training guns on the BJP government.
Gaurav Gogoi, Deputy Opposition leader in the Lok Sabha, launched a sharp attack on the BJP government as Congress MP Hussain was attacked on Thursday.
Gogoi said, “In Assam, a Congress Lok Sabha MP is attacked by thugs in broad daylight in a busy marketplace. The goons even attack the police security officers and try to snatch their weapons. All of this is recorded on camera. Yet the Chief Minister of Assam Himanta Biswa Sarma refuses to ensure that the thugs will be arrested immediately.”
“The Chief Minister should at least think of his constitutional duty towards Assam Police and the innocent civilians in the marketplace. If the goons had got hold of the machine gun, a terrible tragedy could have taken place. The attitude of the Chief Minister will only embolden the thieves, dacoits, smugglers and those accused of murder. Democracy is under threat and people of Assam want freedom from this gunda raj culture,” he added.
The Leader of the Opposition in the Assembly Debabrata Saikia said it was a “failure” of the police and administration.
Crime
New India Co-operative Bank Scam: EOW Arrests Former CEO Abhimanyu Bhoan
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Mumbai: The Economic Offences Wing (EOW) has made another arrest in the New India Co-operative Bank scam. Former CEO Abhimanyu Bhoan has been taken into custody, making him the third accused in the case.
The Court has remanded accused into police Custody untill February 28.Bhoan’s arrest follows an ongoing investigation into financial irregularities within the bank, which allegedly led to taken place during his working period.
The authorities suspect his involvement in mismanagement and fraudulent transactions.Further investigation is underway, and officials believe that more arrests may follow in the case.
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