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SC agrees to extend tenure of ED chief Sanjay Mishra till September 15 (Lead)

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 The Supreme Court on Thursday agreed to extend, till September 15, the tenure of the present ED Director Sanjay Mishra, who was due to demit office on July 31 in accordance with its recent judgement.

“In ordinary circumstances we would not have accepted such an application…taking into consideration larger public interest, we permit the ED Director to continue till September 15, 2023,” a special bench of Justices B.R. Gavai, Vikram Nath, and Sanjay Karol ordered.

However, the bench clarified that it will not entertain any further application by the Centre seeking extension of tenure of the present ED Director. It said that Mishra will cease to hold the post from the midnight of September 15/16, 2023.

At the outset of the hearing, the bench asked whether the ED does not have any other competent officer to deal with the FATF review.

“Are you not giving a picture that your entire department is full of incompetent officers? You have only one officer? Is it not demoralising the entire force?” queried the special bench.

Solicitor General Tushar Mehta, representing the Centre, repeatedly urged before the court that any change in leadership at the ED would adversely impact India’s national interests in view of the ongoing FATF Review which is at a critical stage.

“Circumstances are unusual. From November 3, FATF will visit India. This is a peer review of the past 5 years. This isn’t an annual exercise. Continuity will help the country,” he said.

“It is not that one person is indispensable. It’s just that continuity will help give a better presentation to the international body. We need continuity to put forth that before the international body,” he added.

The FATF is an inter-governmental body which has developed its recommendations to prevent and combat money laundering and terror financing. Around 200 countries, including India, have committed to implement these standards. The FATF conducts peer reviews of all its member countries on a regular basis to assess levels of implementation of the FATF recommendations and provide an in-depth description and analysis of each country’s system for preventing criminal abuse of the financial system.

On the other hand, senior advocate Abhishek Manu Singhvi opposed the application for extension, saying that Centre is making an attempt to get a review of the judgment rendered by the apex court.

Senior advocate Anoop G. Chaudhari, representing original writ petitioners, argued that in relation to FAFT, the main authority is Union Revenue Secretary and application filed by the Centre is “misconceived” and “deserves to be rejected”.

Advocate Prashant Bhushan went on to say that the Centre’s application is a “gross abuse of process of court” and a review application has been filed in guise of an application seeking extension.
In its order delivered in open court, the bench allowed the Union government’s request “in view of the larger public interest”, but granted an extension only till September 15, while the application moved by the Centre has requested extension up to October 15.

On Wednesday, the Supreme Court agreed to constitute a special bench to hear the Centre’s application on July 27 after Mehta sought an urgent listing of the matter.

In a judgement on July 11, the Supreme Court dubbed the extension of Mishra as “illegal” for violating the mandate of the top court’s judgment in 2021. However, the top court had allowed him to continue in the post till July 31 taking into consideration the concerns expressed by the Union government with regard to the FATF review and taking into consideration that the process of fresh appointment would take some time.

The court had held that the extension granted to Mishra was contrary to an earlier 2021 judgment rendered by a division bench of the Supreme Court in this regard.

Mishra was first appointed as ED Director for a two-year term in November 2018. His term expired in November 2020. In May 2020, he had reached the retirement age of 60.

However, on November 13, 2020, the Central government issued an office order stating that the President had modified the 2018 order to the effect that a time of ‘two years’ was changed to a period of ‘three years.’ This was challenged before the Supreme Court by the NGO Common Cause.

The Supreme Court in a September 2021 verdict approved the modification, but ruled against granting more extensions to Mishra. After the court’s decision in 2021, the Central government brought in an ordinance amending the Central Vigilance Commission (CVC) Act, giving itself the power to extend the tenure of the ED Director by up to five years, and the law in this regard was subsequently passed by the Parliament.

“Challenge to CVC Act and Delhi Special Police Establishment Act is dismissed to that extent. Extension granted to Sanjay Kumar Mishra after Supreme Court verdict is illegal. However, he is permitted to hold office till July 31, 2023,” the court had ordered on July 11.

National News

Congress MP Imran Masood calls for banning liquor during Navratri

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Saharanpur, March 29: Congress lawmaker Imran Masood said on Saturday that not just meat shops, liquor establishments should be shut during the nine-day festival of Navratri and called for embracing and promoting the spirit of brotherhood and communal harmony.

“Everybody is demanding a ban on meat shops during Navratri. Why is no one asking for a ban on liquor shops? Why is there no outpouring on the free flow of liquor during Navratri? Will this not spoil the purity and sanctity of the festival?” Saharanpur MP said in a special interaction with media.

The Congress Parliamentarian said that peaceful celebration supersedes everything, and it is incumbent upon all communities to maintain decorum during festivities and also make certain sacrifices, be it Eid or Navratri.

Notably, Eid-ul-Fitr and Navratri are coinciding on the same day this year. Both festivals are set to fall on Monday, with little possibility of change in the Eid schedule on account of moon sighting.

Days ago, the Congress MP also extended support to the demands of a meat ban during Navratri celebrations. In an apparent message to the Muslim community, he said that nothing would change if one did not eat meat for ten days.

“What matters above everything is the peaceful co-existence of communities. At no point in time, the differences over food preferences lead to communal strife,” Masood told newspersons.

Congress MP, when asked questions on the party’s strategy for the Waqf (Amendment) Bill, said that the Opposition is fully prepared to take on the Centre on “partisan legislation”.

“We opposed the amendments in the JPC meeting, tooth and nail. We will strongly voice our dissent in Parliament too,” he said.

Notably, Union Home Minister Amit Shah said on Friday that the Waqf Bill will not be delayed any further and will be reintroduced in the ongoing session of Parliament.

Only four working days of the Budget Session are left, as it concludes on April 4.

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National News

‘PM Narendra Modi Relies On Crutches Of Nitish Kumar And Chandrababu Naidu To Pass Waqf Bill”: AIMIM Chief Asaduddin Owaisi

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Hyderabad: All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi spoke on the Waqf Amendment Bill 2024 and said that the BJP does not have a majority in the Lok Sabha, and if Chandrababu Naidu and Nitish Kumar oppose it, it won’t be passed.

While speaking to media, Asaduddin Owaisi said that PM Narendra Modi is relying on the crutches of Chandrababu Naidu and Nitish Kumar. He stated that Union Home Minister Amit Shah is spreading lies in the country regarding the Waqf Bill.

“Amit Shah is the Home Minister of the Government of India and his statement is proof of the fact that you trying to make an unconstitutional law which can be challenged in the court. This is a violation of the articles of the Constitution and the Waqf of the entire country will suffer because of it. You are removing the section of the Waqf property, who will benefit from it. You are omitting the revenue of lakhs of rupees. Amit Shah is lying to the country that you can challenge the Waqf Tribunal in the court. Prime Minister Narendra Modi relies on the crutches of Nitish Kumar and Chandrababu Naidu and if they do not support this unconstitutional bill, then this law will not be made”, Asaduddin Owaisi said.

Earlier on Friday, Owaisi supported the ‘black band’ protest against the Waqf (Amendment) Bill. Owaisi, who is also part of the JPC on the Waqf bill, joined in the symbolic protest on Friday by wearing a black armband as he offered prayers.

Meanwhile, Union Home Minister Amit Shah said on Friday that Waqf Amendment Bill, on which JPC has given its report, will be tabled in the Budget session of Parliament. The Budget session is slated to conclude on April 4.

“Nobody needs to get afraid of the Waqf Bill. In 2013, the Congress-led government passed the Waqf Bill and made several provisions that are not aligned with our Constitution. We are now trying to align the bill with constitutional principles,” he said.

Asked about Asaduddin Owaisi’s black arm band protest, Amit Shah said people have a right to do so. “Some do it through their clothes, some through their words. In Parliament, one opposes through logic,” he said.

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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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