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‘Surpassed Laxman Rekha, indelible scar’, ex-judges, bureaucrats on SC remarks against Nupur Sharma

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A group consisting of 15 retired judges of various high courts, 77 retired bureaucrats and 25 retired armed forces officers have written an open letter criticising the observations of the Supreme Court on a plea by former BJP spokesperson Nupur Sharma.

They alleged that the comments made by the two judges — Justices Surya Kant and Justice J.B. Pardiwala — are unfortunate and unprecedented, and the top court surpassed the ‘Laxman Rekha’ and called for urgent rectification steps.

The statement said: “In the annals of judiciary, the unfortunate comments have no parallel and are an indelible scar on the justice system of the largest democracy. Urgent rectification steps are called for as these have potentially serious consequences on democratic values and security of the country.”

The veterans said they believe that the democracy of any country will remain intact till all the institutions perform their duties as per the Constitution. “Recent comments by the two judges of the Supreme Court have surpassed the Laxman Rekha and compelled us to issue an open statement.”

It further added that observations are not in sync with judicial ethos and by no stretch these observations, which are not part of the judicial order, can be sanctified on the plank of judicial propriety and fairness.

The veterans said through such observation, perceptionally there is virtual exoneration of the dastardliest beheading at Udaipur in broad daylight. “The observations also graduate to the most unjustifiable degree that this was only to fan an agenda… In the annals of judiciary, the unfortunate comments have no parallel and are an indelible scar on the justice system of the largest democracy,” said the three-page open statement. They said Sharma was de facto denied access to the judiciary and in the process, there was an outrage on the Preamble, spirit and essence of the Constitution.

The veterans said the legal fraternity is bound to be surprised and shocked at the observation that an FIR should lead to arrest and the observations on other agencies in the country, without notice to them, are indeed worrisome and alarming. “Forcing a petitioner by such damning observations, pronouncing her guilty without trial, and denial of access to justice on issue raised in the petition, can never be a facet of a democratic society,” added the statement.

Sharma had moved the top court seeking clubbing of FIRs, registered in various parts of the country, into one FIR at Delhi in the matter connected with her remarks against the Prophet Muhammed. On July 1, the apex court slammed Sharma for her controversial remarks.

The statement said the allegations constitute only one offence for which separate prosecutions (FIRs) were launched and Article 20 (2) of the Constitution prohibits prosecution and punishment more than once for the same offence. “Article 20 falls under Part III of the Constitution and is a guaranteed fundamental right. The Supreme Court in a number of cases, including Arnab Goswamy vs. Union of India (2020) and T.T. Anthony vs. State of Kerala clearly laid down the law that there can be no second FIR and consequently there can be no fresh investigation in respect to the second FIR on the same issue. Such an action is violative of fundamental rights as guaranteed under Article 20(2) of the Constitution”, it said.

“Such an approach of the Supreme Court deserves no applause and impacts the very sanctity and honour of the highest court of land,” it added.

The signatories include former chief justice of the Bombay High Court Kshitij Vyas, former Gujarat High Court judge S.M. Soni, former Delhi High Court judge S.N. Dhingra, former chief justice (acting) Gauhati High Court K. Sreedhar Rao, former Rajasthan High Court judges R.S. Rathore and Prashant Agarwal.

The other signatories include: former IAS officers R.S. Gopalan and S. Krishna Kumar, former DGPs S.P. Vaid and B.L. Vohra, ambassador (retired) Niranjan Desai, Lt Gen V.K. Chaturvedi (retired) and Air Marshall (retired) S.P. Singh. The coordinators are Justice P.N. Ravindran, former judge of Kerala High Court, and Anand Bose, former chief secretary, Kerala.

Crime

Dawood Ibrahim Got Call From Mumbai Cop Seeking Money For Daughter’s Wedding; Ex-DGP Sivanandhan Breaks Silence

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Mumbai: In an intense conversation with Former Mumbai Police Commissioner and ex-DGP of Maharashtra D. Sivanandhan, Media Journalist Balakrishnan spoke about the nexus between some policemen and the underworld.

In a startling revelation, the Media journalist revealed that during his visit to Dubai some years back, he went to Dawood Ibrahim’s patatial house called the ‘White house’, where the underworld don had received a phone call from Assistant Mumbai Commissioner allegedly seeking money for the gangster’s daughter’s wedding.

In an exclusive conversation, Media Balakrishnan said, “While I was talking to him, his PA came and told him that there is a call for you.”

The journalist said that Dawood winked and told him to keep quiet. While listening to their conversation on speaker, Media journalist heard, “Sir apka beti ka shadi toh apka yaad aya meko.”

Dawood responded by asking, “Kitna Chahye?”

On this, the Assistant Police Commissioner replied saying, “Jo apko lage, Apka beti ka shaadi hai.” Dawood then reportedly sent him Rs 10 lakh.

Speaking on the issue, Sivanandhan explained that not every officer in Maharashtra’s 2.5 lakh with 50000 in Mumbai is corrupt, but since they are recruited from society, some do fall into its darker influences.”We recruit them from the society, and the society comes along with all black, yellow, green colours.”

The conversation came in context about the nexus between some policemen and the underworld.

When ex-DGP of Maharashtra D. Sivanandhan was asked about the nexus between some policemen and the underworld, so much so that people used to talk about gang war within the police. On this, the ex-top cop defended, saying, “Tell me, from where do the policemen come? They come from the same society where the criminals are also coming.”

Further explaining, he also revealed, “In many of the cases where some shootout took place and when we went to raid the criminal’s house, we use to see a police uniform hanging. When we ask, the policeman’s sister was married to the gangster.”

“It’s a society where they live very, very closely,” the top cop confirmed. In another revelation, without sharing the identity, he also added, “There are also policemen working in gangs now.”

He added that, “So when policemen are accused of participating on behalf of some gang or other, I would wouldn’t deny that. I would agree. He added that the irresistable amount of money given to the gangster is unbelievable. Policemen are succumbing to that.”

The cop further raised questions on the government and said, “What was the guarantee or what was the support given by the government for policemen to insulate themselves from such kind of irresistable offers.” “When the policemen is prosecuted, not even a lawyer is given to them,” the ex-DGP said.

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Crime

Mumbai Airport Customs Seize Drugs Worth ₹12.5 Crore, iPhones, Laptops And Liquor In Separate Cases; 6 Arrested

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Mumbai: In four separate operations, the Airport Customs officials during the period of October till October 28, have seized drugs collectively worth Rs 12.50 crores and iPhones, laptops, liquor bottles and cigarettes totally worth Rs 56 lakh.

According to the agency sources, on the basis of specific intelligence, the Customs officers at Chhatrapati Shivaji Maharaj International Airport (CSMIA), intercepted three passengers arriving from Bangkok to Mumbai.

During the examination of the baggage, the Customs officers recovered 6.48 kg of suspected hydroponic weed (marijuana), with an illicit market value of approximately Rs 6.48 crores.

In another case, on the basis of specific information, the Customs officers intercepted two passengers arriving from Bangkok. During the examination of the baggage, the Customs officers recovered 3.98 kg of marijuana valued at Rs 3.98 crores.

In the third such case, on the basis of specific intelligence, the Customs officers intercepted one passenger arriving from Bangkok. During the examination of the baggage, the Customs officers recovered 1.94 kg marijuana, with an illicit market value of approximately Rs 1.94 crores.

In all the three cases, the narcotic substances were concealed inside the checked-in trolley bag carried by the six passengers, who were arrested under the provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

In the fourth case, on the basis of profiling, the Customs officers at the airport intercepted three passengers arriving from Sharjah to Mumbai. During the examination of the baggage, the Customs officers recovered Apple Iphones 17 pro max (40 pieces), laptops (30 pieces), liquor bottles (12) and cigarettes collectively valued at Rs 56.55 lakh.

The said goods were concealed inside the checked-in trolley bag carried by the passengers, who were arrested under the provisions of Customs Act, 1962.

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National News

National Herald case: Delhi court defers proceedings till Nov 7

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New Delhi, Oct 30: A Special Delhi Court, hearing the money laundering case linked to the National Herald, has deferred the proceedings till November 7, seeking clarifications from the Enforcement Directorate (ED) on certain aspects of its chargesheet filed against Congress leaders Sonia Gandhi and Rahul Gandhi, among others.

Special Judge (PC Act) Vishal Gogne, presiding over the matter at Rouse Avenue Court, said the clarifications were necessary before the court could proceed to take cognisance of the prosecution complaint filed by the ED under the Prevention of Money Laundering Act (PMLA).

The case, which stems from the ED’s allegations that top Congress leaders conspired to acquire control over the assets of Associated Journals Limited (AJL) — the publisher of the National Herald newspaper — remains at the pre-cognisance stage.

In the previous hearing, the court had also directed the central agency to provide additional details regarding certain aspects of its investigation before any decision on taking cognisance could be made.

The ED, in its prosecution complaint, has accused Sonia Gandhi, Rahul Gandhi, and other senior Congress leaders of being involved in a conspiracy to usurp properties worth over Rs 2,000 crore belonging to AJL through Young Indian Pvt Ltd, a company in which the Gandhis hold a majority stake.

The Rouse Avenue Court had reserved its order on July 14 after hearing detailed arguments from the federal anti-money laundering agency as well as the proposed accused, including the Gandhis.

Senior advocate Abhishek Singhvi, representing Sonia Gandhi, had described the money laundering allegations as “really strange” and “unprecedented”, claiming that no tangible assets were involved.

Further, Rahul Gandhi claimed that the All India Congress Committee’s attempts to revive the pre-Independence era newspaper were “misconstrued” as a bid to sell its assets.

Highlighting the non-profit objectives of the company, senior advocate R.S. Cheema, representing Rahul Gandhi, said National Herald was never a commercial institution and the AICC just wanted to bring the newspaper back on the rails.

The controversy surrounding the National Herald’s assets first surfaced in 2012 when BJP leader Subramanian Swamy filed a complaint in a trial court, accusing Congress leaders of cheating and breach of trust in the acquisition of AJL.

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