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‘Too nascent stage’, SC refuses to entertain Nawab Malik’s plea against arrest by ED

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The Supreme Court on Friday refused to entertain a plea by Maharashtra Minister and NCP leader Nawab Malik to release him in a case of money laundering.

A bench comprising Justices D.Y. Chandrachud and Surya Kant said: “We will not interfere. It is too nascent a stage to interfere…We can’t interfere with the due process at this stage.”

The bench asked senior advocate Kapil Sibal, representing Malik, to move the competent court with the bail application. “The special court can consider the bail application,” said the bench.

Sibal vehemently argued that there was no prima facie case and there was no predicate offence, no FIR on forgery, and added, “How does Prevention of Money Laundering Act be applied?”

Sibal said, “How do they arrest me in 2022 for something, which happened in 1993…where I am not in the picture at all?”

Sibal added that the special court is not going to grant his client bail with a 5000-page charge sheet filed in the matter. “The Arnab Goswami judgment is in my favour,” Sibal submitted

Refusing to entertain Malik’s plea, the bench said: “We are not inclined to exercise jurisdiction under Article 136 when the investigation is at the nascent stage.”

The bench clarified that the observation of the high court on merits should not come in the way of parties taking recourse to the rights available under the law.

Malik, moved the top court challenging the Bombay High Court, which declined his interim release in a habeas corpus petition. Malik has claimed that his arrest was completely illegal.

On March 15, the Bombay High Court rejected Malik’s interim application seeking immediate release in a case of money laundering registered against him by the Enforcement Directorate (ED). Malik was arrested on February 23 based on an FIR registered against terrorist Dawood Ibrahim and his aides.

The high court held that Malik was arrested by the ED, and subsequently remanded to custody following due process and there was no reason for it to pass any interim order for his release.

Denying relief to Malik, the high court had said that just because the special Prevention of Money Laundering Act (PMLA) court’s order remanding him in custody is not in his favour, it does not make it illegal or wrong.

Malik’s plea contended that his petition was strictly on the law, and the high court could not have given a prima facie finding regarding Section 3 of PMLA, without giving reasons.

The ED has alleged that Munira Plumber’s prime property in Kurla, worth Rs 300 crore as per the current market value, was usurped by Malik through Solidus Investments Pvt. Ltd, a company purportedly owned by his family members. The ED has claimed that this was done in connivance with Dawood’s sister Haseena Parkar, her bodyguard Salim Patel and 1993 bomb blasts convict Sardar Shah Wali Khan.

In his plea in the top court, Malik claimed his arrest was illegal and violated his fundamental rights, as well as statutory provisions, and he was entitled to writ of habeas corpus.

Crime

CBI court sentences firm partner to three years RI in Rs 4 crore bank fraud case

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Chandigarh, June 5: A Special CBI Court in Mohali, Punjab, has convicted and sentenced Samir Dua, a partner of M/s G.D. Ispat Udyog, Mandi Gobindgarh, to three years of rigorous imprisonment (RI) along with a fine of Rs 15,000 in connection with a multi-crore bank fraud case, an official statement said on Friday.

The sentence was pronounced on June 4, following the conclusion of trial proceedings in the case investigated by the Central Bureau of Investigation (CBI).

According to the CBI, the case was registered against Dalip Dua and Samir Dua, partners of M/s G.D. Ispat Udyog, along with other accused, for allegedly entering into a criminal conspiracy to defraud Indian Overseas Bank’s Mandi Gobindgarh branch in Punjab.

The investigation revealed that the accused had fraudulently secured a cash credit limit of Rs 4 crore from the bank by submitting false and fabricated information and documents.

The loan facility was allegedly obtained through misrepresentation, causing a wrongful loss to the bank and corresponding unlawful gain to the accused, the agency said.

Following a detailed investigation, the CBI filed a charge sheet against the accused persons before the competent court. During the trial, the prosecution presented evidence establishing the fraudulent nature of the transactions and the conspiracy behind obtaining the credit facility.

After examining the evidence and hearing the arguments, the Special CBI Court found Samir Dua guilty and sentenced him to three years of rigorous imprisonment. The court also imposed a monetary penalty of Rs 15,000.

Proceedings against co-accused Dalip Dua were abated due to his death during the pendency of the case.

The conviction marks the culmination of the CBI’s investigation into the bank fraud, underscoring the agency’s efforts to prosecute financial crimes and hold those responsible for defrauding public sector banks accountable.

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National News

Rahul Gandhi, Kharge condole loss of lives in Malviya Nagar blaze; ask Cong workers to extend help

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New Delhi, June 3: Congress leaders, including party President Mallikarjun Kharge, Lok Sabha Leader of Opposition (LoP) Rahul Gandhi and party MP Priyanka Gandhi Vadra, on Wednesday, expressed grief over the 20 lives lost in the tragic Delhi fire, calling the tragedy “extremely heartbreaking”. They also appealed to Congress leaders and workers to extend every possible help and support to the victims injured in the blaze and the families of the deceased.

At least 20 people were killed, and dozens were injured after a massive fire broke out at the multi-storied Lemon Green Restaurant in Malviya Nagar on Wednesday morning, officials said.

So far, 37 people were rescued and taken to the hospital, while a search for others is underway, officials added.

Congress President Mallikarjun Kharge said he was “deeply saddened” by the news.

“My heartfelt condolences to the families who lost their loved ones and prayers for the speedy recovery of the injured,” he said in a post on X.

He urged the Delhi government and authorities to provide adequate and timely compensation, “including prompt medical care to the victims”.

“I urge Congress workers to extend every possible help and support to the victims in this difficult time,” he added.

LoP Rahul Gandhi called the incident “extremely heartbreaking.”

Taking to X, he said: “I express my deepest condolences to all the bereaved families. I urge all Congress workers to contribute in every possible way to the relief and rescue operations.”

“I hope for the swift recovery of the injured,” Rahul Gandhi mentioned.

Congress MP Priyanka Gandhi Vadra echoed: “The news of the deaths of a large number of people and injuries to nearly three dozen or more due to a fire in a hotel in Malviya Nagar, Delhi, is extremely heartbreaking.”

“May God grant peace to the departed souls. My deepest condolences to the bereaved families. I pray for the swift recovery of the injured,” she wrote in a post on X.

She, too, appealed to Congress leaders and workers to extend their support to the affected people as much as possible.

Senior officials from Delhi Police, Delhi Fire Services and rescue services are present at the scene of the tragedy and were monitoring the situation.

Upon receiving information, ten fire tenders were immediately dispatched to the scene. The fire was soon brought under control. However, the damage was extensive.

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SIR will be used to create a permanent class of excluded Indians: Owaisi

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Hyderabad, June 3: AIMIM president Asaduddin Owaisi on Wednesday said that Special Intensive Revision (SIR) of electoral rolls will be used to create a permanent class of excluded Indians.

He claimed that 6.5 crore names were deleted from the electoral rolls under SIR in 13 states and union territories.

The Hyderabad MP took to ‘X’ to slam the Centre for the proposal to constitute a committee to study the exclusions and build a permanent system for the identification, detention, and deportation of illegal immigrants.

“The Union Government first carried out a document-driven SIR that deleted nearly 6.5 crore names from electoral rolls across 13 States and UTs. Now it wants a committee to study those very exclusions and build a permanent system for the identification, detention, and deportation of illegal immigrants,” posted Owaisi.

“SIR will be used to create a permanent class of excluded Indians. The right to vote is the poor’s only weapon against the powerful. Without it, the government will do what it pleases with them. We are already seeing reports of people being denied the benefits of government schemes.”

“Under the law, a deletion under SIR does not mean that a person is not a citizen. Twenty-seven lakh people are still under adjudication, and many may apply afresh for enrolment as voters through Form 6. The ECI itself has provided no data on the number of people it excluded because they were foreigners. Available data show that most of those excluded by SIR are Muslims, women, the poor, and migrants,” wrote the MP.

“The government’s own data show that our demography and population have stabilised and that our TFR is 2.0. Why do we need this committee, then? So that there can be constant paranoia and fear directed against Muslims,” said the All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief.

“This government loves making Indians waste their time on documentation. Sometimes it is KYC or SIR; sometimes it is uploading some document to some portal. But it cannot conduct a simple exam properly. Common people are scrutinised by the government, but the government cannot be scrutinised by us,” he added.

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