National
Supreme Court: Being a member of unlawful association is an offence under UAPA.
The Supreme Court on Friday held that mere membership of unlawful association is sufficient to constitute an offence under UAPA. The apex court upheld the Section 10 (a) (i) of the Unlawful Activities Prevent Act.The apex court, according to Bar and Bench report, also said all High Court decisions to the contrary are overruled. A bench of Justices MR Shah, CT Ravikumar and Sanjay Karol pronounced the verdict.
While allowing petitions of the Union government and the Assam government seeking review of the apex court’s 2011 verdicts on membership of banned outfits, the court said the Union government was required to be heard when a provision enacted by Parliament is read down.
The top court said the 2011 verdicts were passed while relying on American court decisions which cannot be done without considering the condition prevailing in India.In India right to freedom of speech and expressions is not absolute and is subject to reasonable restriction. However, decisions of the American court can be guiding light”, the bench said.
On February 9, the top court while reserving its verdict on batch of review pleas had noted that the Union of India was not heard by its two-judge benches when the 2011 verdict was passed reading down section 3 (5) of Terrorist and Disruptive Activities (Prevention) Act, 1987 (now repealed).
The top court on February 3, 2011, had acquitted suspected ULFA member Arup Bhuyan, who was held guilty by a TADA court on the basis of his alleged confessional statement before the Superintendent of Police, and said mere membership of a banned organisation will not make a person a criminal unless he resorts to violence or incites people to violence or creates public disorder by violence or incitement to violence.
Similar views were taken by the apex court in two other verdicts of 2011 in Indra Das versus State of Assam and state of Kerala versus Raneef, where the bench relied upon the three US Supreme Court decisions which have rejected the doctrine of ‘guilt by association’.
Business
‘Innocent Unless And Until Proven Guilty’: Adani Group Issues Statement In The US Bribery Indictment; Denies Charges, Calls Them Baseless
The Adani Group, which has been at the eye of the storm since the beginning of the new day, has issued a statement in the US Indictment matter.
Adani Denies Charges
The company, in a statement procured by the conglomerate-owned IANS, said, “The allegations made by the US Department of Justice and the US Securities and Exchange Commission against directors of Adani Green are baseless and denied.”
Furthermore, the statement asserted its stance and added, “As stated by the US Department of Justice itself, “the charges in the indictment are allegations and the defendants are presumed innocent unless and until proven guilty.” All possible legal recourse will be sought.”
Committed to Highest Standards
The Adani Group further added that it has always upheld and is steadfastly committed to maintaining the highest standards of governance, transparency and regulatory compliance across all jurisdictions of its operations.
US Court Indicts Adani and Co.
The company, in an attempt to assuage stakeholders, partners and employees, said that the company is a law-abiding organisation, fully compliant with all laws.
The storm was kicked off by a post from short-seller group Hindenburg, which shared the news of the US Federal Court’s indictment of Gautam Adani and seven others associated with the company.
Billionaire Gautam Adani has been charged by US prosecutors for allegedly being part of a scheme to pay over USD 250 million (about Rs 2,100 crore) bribe to Indian officials in exchange of favourable terms for solar power contracts.
The press release from the US court elaborated on the allegations and claimed that the company and its leadership had indulged in mass bribery activity, in which the company bribed Indian officials to bag a contract for its Adani Green Energy company.
This in turn led to misleading American investors and global financial investors.
The court reportedly also issued an arrest warrant against Gautam Adani and seven others.
Adani Shares Tank
In the aftermath of the report, Adani Group company shares tanked at Dalal Street. With Adani Enterprises shares hitting the lower circuit, losing 20 per cent of their value. The situation was the same with the other Adani stocks, including Adani Green Energy, which is in the middle of the new storm.
Business
Wagh Bakri Director Parag Desai, Injured In Attack By Stray Dogs, Dies Due To Brain Haemorrhage At 49
Parag Desai, executive director at Gujarat Tea Processors and Packers, which is known for its brand Wagh Bakri passed away on October 22, a week after he was injured in an accident.
Desai was admitted to Shelby Hospital on October 15 after he slipped outside his residence trying to fight street dogs that attacked him. He suffered severe head injuries during the fall that led to brain haemorrhage.
A security guard informed the family member of the incident after which he was rushed to the hospital. After a day of observation at Shelby Hospital, Desai was moved to Zydus Hospital for a surgical procedure.
However, he passed away on Sunday due to brain haemorrhage.
Gujarat Congress Chief and Rajya Sabha Member Shaktisinh Gohil offered his condolences through a social media post. He said, “Very sad news coming in. Parag Desai, Director and owner Wagh Bakri Tea passed away. He had a brain haemorrhage following a fall. May his soul rest in peace. My condolences to the entire Wagh Bakri family across India.”
He was the son of Rasesh Desai, the Managing Director of the Wagh Bakri Tea Group. Desai is survived by his wife and daughter Vidisha and Parisha.
Deasi who led the Group’s transformation into Tea lounges and e-commerce has completed his MBA from Long Island University in the US. He was an expert tea taster and evaluator and through his career has spearheaded the sales, marketing and export department for the group.
Business
Adani Group Reacts To Allegations Against Mahua Moitra; Reiterates Groups Working To Harm Company
Adani Group in a statement on Monday in a statement talking about a complaint against Trinamool Congress MP Mahua Moitra resinstates that there are some groups and individuals working against the company to tarnish its reputation.
The statement comes after Supreme Court lawyer Jai Anant Dehadrai filed a complaint with the CBI in the form of a sworn affidavit on Sunday against MP Mahua Moitra and Darshan Hiranandani, CEO of Hiranandani group for targeting Adani Group through parliamentary questions.
The complaint by Jain Anant Dehadrai further states that Moitra received bribes and undue favours from Hiranandani.
The company in its official statement reiterated that there are groups working against the company. The company said,”This development corroborates our statement of 9 October, 2023 that some groups and individuals have been working overtime to harm our name, goodwill and market standing. In this particular case, the lawyers complaint reveals that this arrangement to besmirch the reputation and interests of the Adani Group and our Chairman Mr. Gautam Adani has been in place since 2018.”
Nishikant Dubey Demands an inquiry
Post the complaint Bharatiya Janata Party (BJP) MP Nishikant Dubey wrote a letter to Union IT Minister Ashwini Vaishnaw and Union Minister of State (MoS) IT Rajeev Chandra Shekhar making “cash for query” allegations against Trinamool Congress MP Mahua Moitra and demanding an inquiry committee against her.
This comes a day after Dubey wrote a letter to the Lok Sabha Speaker over the same matter, demanding the formation of an enquiry committee against the TMC MP. He has also sought Moitra’s suspension from the House.
Hiranandani denies allegations
However, Hiranandani group has denied the allegation. A spokesperson from the Hiranandani Group said, “We have always been in the business of business and not in the business of politics. Our group has always worked with the government in the interest of the nation and will continue doing so.
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