New Delhi: The Tis Hazari Court of Delhi on Saturday disposed of the anticipatory bail application of Delhi Chief Minister Arvind Kejriwal's aide Bibhav Kumar as "infructuous" after his arrest. After hearing the arguments while the court was dictating the order, it was informed that Bibhav has already been arrested by the police. Additional Sessions Judge Sushil Anuj Tyagi disposed of the anticipatory bail as "infructuous." After hearing the submissions of senior advocate N Hariharan, Advocate Rajiv Mohan and public prosecutor from 3.55 pm to 4.40 pm, the court reserved the order. While the judge was dictating the order, another additional public prosecutor Atul Srivastava appeared through video conferencing (VC) and informed the court that Bibhav Kumar has already been arrested. Advocate Rajiv Mohan who was present at the arrest di not inform the family and the advocate sitting at the police station. The time of arrest is also not known. He also submitted that the copy of anticipatory bail was also served in advance to the police. APP Atul Srivastava informed the court that Bibhav Kumar had been arrested at 4.15 pm. The arrest has been informed to Bibhav Kumar and his wife also. Earlier, during arguments, the regular public prosecutor of the court had informed it that he had no information about the arrest of Bibhav Kumar. During arguements, it was argued by the senior advocate N Hariharan that there is genuine apprehension of the arrest of Bibhav Kumar as he has been made to sit in the police station for the last 4 hours.
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He sought interim protection from arrest as the manner it is taking place there is apprehension he may be arrested in this false case. "We had this apprehension that as soon as it feels that the court is convinced and it reserves the order, Delhi Police can play a game. Delhi Police is not doing this on its own, it is doing this under political pressure. BJP is rattled, it feels that it is going to lose the general elections. This was a part of that conspiracy," Lawyer and Delhi State President AAP Legal Cell, Adv Sanjeev Nasair said. It was further argued that there is a delay in the filing of the FIR. The alleged incident is on May 13, and the complaint was lodged after three days. During the arguements, some videos were also played in the court. It was submitted that there was a security breach by the complainant. The senior advocate also read the security breach report by the security personnel at the Chief Minister's residence. She was stopped by the security staff as there was no appointment or message from the CM residence to allow her into the residence. Despite, this she entered in the CM's residence and in the drawing room. She wanted to meet Bibhav Kumar. She was informed that he was not there, Senior advocate referred to the report of the security officer. She was escorted by the security staff outside the CM residence. Senior advocate also submitted that how it is possible for any person to say and act what has been alleged by the complainant at CM residence where the security was deployed. It was also submitted that there is no case made out against Bibhav Kumar.
—ANI

Delhi's Tis Hazari Court dismissed the anticipatory bail plea of CM Kejriwal's aide Bibhav Kumar, citing his arrest. Debate ensues over political pressure on Delhi Police.

Delhi Court disposes of Bibhav Kumar's bail plea as "infructuous"

New Delhi: The Supreme Court has sought a response from the Centre and Food Safety and Standards Authority of India (FSSAI) on a plea raising concern over the use and overuse of pesticides and other chemical insecticides on food crops and food items. A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra issued notices to the Ministry of Environment, Forest and Climate Change, the Ministry of Health and Family Welfare, the Ministry of Agriculture and FSSAI. The top court was hearing a petition filed by environmentalist and lawyer, Akash Vashishtha which stated that the consumption of pesticide-laden foods has become the primary cause of cancers and other fatal ailments across the country. The petition stated that the use/overuse of pesticides and other chemical insecticides on food crops and food items, artificial colouring, coating and waxing of pulses, food grains and other items, is leading to a high incidence of deaths across the country. The consumption of pesticide-laden foods has become the primary and predominant cause of cancers and other fatal ailments across the country, added the petition. Appearing for the petitioner, senior advocate, Anitha Shenoy, told the apex court that the petitioner has collected data from across the country showing a very high number of deaths due to pesticides. "There is an abject failure of the FSSAI to curb and control pesticides and ensure food safety. There is a direct scientific and medical correlation between pesticides and cancers, which are on the rise in the country," Shenoy apprised the top court.
—ANI

The Supreme Court seeks Centre and FSSAI's response to a plea on pesticide overuse in food crops, linking it to rising cancer rates in India.

SC notice to Centre, FSSAI on plea raising concern on overuse of pesticides in food items

New Delhi: The Delhi High Court on Thursday issued notice on Bharat Rashtra Samithi (BRS) leader K Kavitha's plea seeking bail in the Central Bureau of Investigation (CBI) case related to the alleged liquor policy scam. The court has also sought the response of the CBI on her plea challenging CBI arrest and the trial court order remanding her to CBI custody. The bench of Justice Swarna Kanta Sharma fixed the matter for May 24, 2024. On the same day, the hearing of K Kavitha's bail plea in the Directorate of Enforcement (ED) case is also fixed. K Kavitha, in her plea challenging her arrest in a CBI case, stated that the entire proceedings leading to the arrest and incarceration of her in the case are anathema to law and violative of the fundamental postulates on which the interplay of powers vested with the investigating agency as well as with the Court qua a person who is already languishing in custody in another (ED) case is concerned, thereby resulting in the violation of the petitioner's fundamental rights under Articles 21 and 22(1) &amp; (2) of the Constitution, apart from such an action being not supported by any provision or procedure in the Code of Criminal Procedure, 1973. Last week, the Delhi HC issued notice to ED on Kavitha's bail plea moved by Bharat Rashtra Samithi (BRS) Leader K Kavitha in the money laundering case pertaining to the scrapped excise policy of Delhi.
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Recently, the ED filed a supplementary prosecution complaint (chargesheet) in the excise policy case in Rouse Avenue Court. The chargesheet was filed against BRS Leader K Kavitha and others, containing 224 pages (operative parts). This is the sixth supplementary chargesheet in the ED case. The plea moved by K Kavitha stated that she is the mother of two children, one of whom is a minor, presently under shock and is undergoing medical supervision. Kavitha, in her fresh bail plea, alleges that there have been attempts to drag her into the scandal by the members of the ruling party at the Centre. Neither has any corroboration to the allegation of the actual cash transaction nor any money trail is forthcoming, therefore, the satisfaction of guilt as expressed in his arrest order is merely a sham and a pretence, she stated. On May 6, the Rouse Avenue Court of Delhi dismissed the bail petitions moved by Kavitha in connection with CBI and ED cases related to the Delhi excise policy. K Kavitha was arrested by the ED on March 15, 2024 and by the CBI on April 11, 2024. Earlier, CBI, through a remand application, stated that "Kavitha Kalvakuntla was required to be arrested in the instant case to conduct her custodial interrogation for confronting her with the evidence and witnesses to unearth the larger conspiracy hatched among the accused and suspect persons regarding the formulation and implementation of the excise policy, as well as to establish the money trail of ill-gotten money generated and to establish the role of other accused/suspect persons, including public servants, as well as to unearth the facts which are in her exclusive knowledge." The CBI inquiry was recommended based on the findings of the Delhi Chief Secretary's report filed in July showing prima facie violations of the GNCTD Act 1991, Transaction of Business Rules (ToBR)-1993, Delhi Excise Act-2009, and Delhi Excise Rules-2010, officials said. The ED and the CBI had alleged that irregularities were committed while modifying the excise policy, undue favours were extended to licence holders, the licence fee was waived or reduced and the L-1 licence was extended without the competent authority's approval. The beneficiaries diverted "illegal" gains to the accused officials and made false entries in their books of account to evade detection, the probe agencies said. As per the allegations, the Excise Department had decided to refund the earnest money deposit of about Rs 30 crore to a successful tenderer against the set rules. Even though there was no enabling provision, a waiver on tendered licence fees was allowed from December 28, 2021, to January 27, 2022, due to COVID-19, the probe agency said and there was an alleged loss of Rs 144.36 crore to the exchequer.
—ANI

Delhi High Court issues notice on K Kavitha's bail plea in CBI liquor policy scam case, sets hearing for May 24, 2024. CBI and ED cases challenge her arrest and remand.

Delhi HC notice to CBI on BRS leader K Kavitha's plea challenging arrest

New Delhi: The Supreme Court on Friday disposed of a plea by former Jharkhand Chief Minister Hemant Soren against the delay by the Jharkhand High Court in deciding his petition challenging the arrest by the Enforcement Directorate in the land scam case.
A bench of Justices Sanjiv Khanna and Dipankar Datta noted the High Court had delivered its judgement on May 3, so the instant plea has become infructuous and his separate special leave petition would be considered next week against the High Court's order.  Senior advocate Kapil Sibal appeared for Soren.
On May 3, the Jharkhand High Court dismissed Soren's plea challenging his arrest by the Enforcement Directorate, days after the Supreme Court agreed to hear his plea against ED arrest in the week commencing from May 6.  The judgement was reserved by the High Court on February 28.  The High Court, in its order, had said Soren can't wriggle out the mess he created for himself by raising a bogey of political vendetta.  Soren had moved the top court, citing the High Court's delay in pronouncing the verdict on his petition challenging his arrest by the ED and on April 29 it issued notice on the plea challenging his arrest.  Soren was being investigated for money laundering charges in connection with an illegal mining case, as well as an alleged land scam in Ranchi. He was arrested on January 31.  The Enforcement Directorate, investigating both cases, claimed that approximately Rs 8.5 acres of property in question constituted proceeds of crime.
—PTI

Supreme Court addresses Hemant Soren's plea over delayed High Court judgment on his ED arrest in a land scam case. Review scheduled next week.

Supreme Court junks former Jharkhand CM Hemant Soren's plea on High Court delay in deciding validity of arrest

Bengaluru: A Special Court for Elected Representatives here on Thursday adjourned to May 13 the bail plea hearing of JD(S) MLA H D Revanna in connection with a kidnap case.
The 66-year-old former Minister was arrested by the SIT in an alleged case of abduction of a woman and remanded to police custody till May 8. The abduction case is linked to the allegations of sexual abuse of women by Revanna's son and Hassan MP Prajwal Revanna.
After the completion of police custody, Revanna was on Wednesday produced before an Additional Chief Metropolitan Magistrate. The court remanded him to judicial custody till May 14.  The case was registered following a complaint by the woman's son, who alleged that his mother was sexually abused by Revanna's son Prajwal. The SIT has also secured the custody of Revanna's confidant Sathish Babanna.  The woman was allegedly abducted to prevent her from testifying against Prajwal, police sources said.  Explicit videos of sexual abuse of several women by Prajwal had been doing the rounds on social media based on which the state government formed the SIT on April 28 to probe the case after the Karnataka State Commission for Women wrote a letter to the Chief Minister Siddaramaiah.  Prajwal (33), who was the NDA candidate in the Hassan Lok Sabha constituency, reportedly left the country on April 27, a day after the elections, and skipped the SIT summons to appear before it.  According to Home Minister G Parameshwara, one more person was arrested in this case.
—PTI

H D Revanna's bail plea hearing adjourned in a kidnap case linked to sexual abuse allegations involving his son Prajwal Revanna. 

H D Revanna's bail plea hearing adjourned to May 13

Bilaspur: Live-in relationship is an “imported philosophy” and against the “expectations of Indian tenets”, the Chhattisgarh High Court has observed, holding that the institution of marriage no longer controls the people as it did in the past.
The division bench of Justices Goutam Bhaduri and Sanjay S Agrawal made the observation while dismissing an appeal of a man seeking custody of a child born from his live-in relationship with a 36-year-old woman.  The HC said that “live-in relationship which is followed in certain sect of the society still continues as a stigma in the Indian culture as it is an imported philosophy contrary to the general expectations of Indian tenets”.
The order was passed on April 30 and a copy was made available recently.  In his plea, Abdul Hameed Siddiqui (43) of Dantewada district said that he was in a live-in relationship with a woman from a different faith and she gave birth to a child.  He moved the HC, located in the state’s Bilaspur district, after a family court in Dantewada in December last year rejected his plea for the child’s custody, he said.  As per the HC’s order, Siddiqui in his petition said he was in a live-in relationship with the woman for three years before marrying her in 2021 without conversion.  As per Siddiqui’s petition, the order said, a child was born out of their relationship on August 31, 2021. On August 10, 2023, he found the mother and child missing. That year, he filed a habeas corpus petition seeking that the woman be produced before the HC.
The woman had told the HC that she was living with her parents as per her own wish. Later, Siddiqui again moved the HC after the Dantewada family court did not give him the child's custody.  The respondent (the woman) was his second wife, while Siddiqui had three children from his first wife, as per the HC order.  In the HC, Siddiqui’s counsel said the two had married under the Special Marriage Act, 1954, as it was an interfaith union. Under the Mahomedan Law, the counsel claimed, Siddiqui was allowed to perform a second marriage.  Calling the marriage between Siddiqui and the woman valid, the counsel said his client was entitled to the child’s custody as he was the natural guardian. He prayed that the family court’s order be set aside.  The woman’s lawyer contended that since she did not convert, the claim of a valid second marriage and to bring it under the ambit of the Act of 1954 “when the first wife is living” is not permissible.
In such a situation, Siddiqui cannot claim to be a legal guardian of the child born out of a live-in relationship, argued the woman’s lawyer.  Dismissing Siddiqui’s plea, the HC said it was not inclined to stay the family court’s decision.  The HC said that “the provisions of personal law cannot be invoked before any court of law until and unless the same is pleaded and proved as custom”.  “…The close inspection of society shows that the institution of marriage no longer controls the people as it did in the past due to cultural influence of the Western Countries and this significant shifts and apathy towards matrimonial duties has probably given rise to the concept of live-in relationship,” the court said.  However, it is crucial to understand and protect the women in such relationships, as they are most often the complainant and victim of violence by the inmate partners of live-in relationships, held the court.  “It is very easy for the married man to walk out of the live-in relationship and in such case the courts cannot shut their eyes to the vulnerable condition of the survivor of such a distressful live-in relationship and children born out of such relationship,” it added.
—PTI

The Chhattisgarh High Court terms live-in relationships as contrary to Indian cultural expectations, sparking debates on marriage norms and legal rights in custody disputes.

Live-in relationship an imported philosophy, against expectations of Indian tenets: Chhattisgarh High Court

New Delhi: Delhi Chief Minister Arvind Kejriwal failed to get any relief from the Supreme Court on Tuesday, with a two-judge bench rising without pronouncing an order on granting him interim bail to enable him to campaign in the Lok Sabha elections.
Kejriwal has been accused of money laundering in a case linked to the alleged Delhi excise scam.  A bench of Justices Sanjiv Khanna and Dipankar Datta, which reserved its order on grant of interim bail earlier during the day and said it will be pronounced at 2 p.m., rose without delivering its verdict.
The bench reserved its decision after hearing the arguments put forth by senior advocate Abhishek Singhvi and Additional Solicitor General S V Raju, who appeared for Kejriwal and the Enforcement Directorate, respectively.  Also Read: <a href="https://www.thehawk.in/posts/bjp-will-end-muslim-reservations-after-forming-govt-in-andhra-karnataka:-amit-shah" target="_self">https://www.thehawk.in/posts/bjp-will-end-muslim-reservations-after-forming-govt-in-andhra-karnataka:-amit-shah</a>&nbsp;
Solicitor General Tushar Mehta, who also appeared for the probe agency, staunchly opposed showing any leniency to Kejriwal on account of the Lok Sabha polls and said granting interim bail to the Aam Aadmi Party (AAP) national convenor would amount to creating a separate class for politicians.  The bench has divided the hearing on Kejriwal’s petition against his arrest into two parts. His main petition challenges his arrest by the ED and seeks it to be declared as illegal, while the second aspect pertains to grant of interim bail keeping in mind the ongoing Lok Sabha polls. The court has reserved the order on the issue of grant of interim bail.
Before rising for the day, the bench indicated that tomorrow the judges will be sitting in different combinations, and if the hearing on matters listed for Wednesday gets completed and the judges have time in hand, they would resume hearing Kejriwal’s plea against his arrest by the ED.  "If not tomorrow, then we may take up the matter on Thursday. If not on Thursday, then we will be taking up this matter next week," said Justice Khanna, without specifying any time frame for pronouncement of verdict on the issue of interim bail.  Meanwhile, a Delhi court extended Kejriwal's judicial custody in the money laundering case till May 20.
Special Judge for CBI and ED matters Kaveri Baweja extended Kejriwal's custody after the AAP leader was produced before the court through a video conference on the expiry of his remand granted earlier.  Kejriwal was arrested on March 21 and is currently lodged in Tihar Jail under judicial custody.
On April 9, the Delhi High Court had upheld Kejriwal's arrest, saying there was no illegality and the ED was left with "little option" after he skipped repeated summonses and refused to join the investigation.  The matter relates to alleged corruption and money laundering in the formulation and execution of the Delhi government's now-scrapped excise policy for 2021-22.
—PTI

Supreme Court fails to grant interim bail to Delhi CM Arvind Kejriwal amid allegations in the Delhi excise scam, affecting his Lok Sabha election campaign plans.

Kejriwal fails to get immediate relief from Supreme Court in excise policy-linked money laundering case

New Delhi: The Supreme Court on Monday granted bail to Umar Ansari, son of late gangster-turned-politician Mukhtar Ansari, in a criminal case registered against him during the 2022 assembly elections for alleged violation of the model code of conduct.
A bench of Justices Hrishikesh Roy and PK Mishra asked Umar to appear before the trial court in connection with the case.  On January 25, the top court had granted him protection from arrest in the case.
The Allahabad High Court on December 19 last year had rejected the anticipatory bail application of Ansari, and said that looking at the facts and circumstances of the case, the offence is made out.  An FIR was lodged on March 4, 2022 at Kotwali police station in Mau district against Abbas Ansari (SBSP candidate from Mau Sadar seat), Umar Ansari and 150 unknown people.  It was alleged in the FIR that on March 3, 2022 at Pahadpura ground, Abbas Ansari, Umar Ansari, and organiser Mansoor Ahmad Ansari in a public meeting called for settling a score with the Mau administration. It was a case of violation of the election code of conduct.  Jailed gangster-turned-politician Mukhtar Ansari died of cardiac arrest at a hospital in Banda in Uttar Pradesh on March 28.
—PTI

The Supreme Court grants bail to Umar Ansari, son of the late Mukhtar Ansari, for violations during the 2022 assembly elections, stirring debates on legal outcomes and political legacies.

SC grants bail to Umar Ansari in violation of model code of conduct case

New Delhi: A Delhi court on Monday directed the AIIMS to constitute a medical board to examine Chief Minister Arvind Kejriwal to determine whether he needs insulin to control his sugar levels and consider his other medical issues.
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Special Judge for CBI and ED cases Kaveri Baweja passed the order while declining Kejriwal's plea for video consultation with his doctor.  Kejriwal had on Friday alleged he was not being administered insulin in jail leading to 'alarming' rise in his blood sugar levels.
—PTI

Delhi court directs AIIMS to form a medical board to evaluate Chief Minister Arvind Kejriwal's need for insulin and address other health issues.

Delhi court rejects Kejriwal's plea for video call with doctor, tells AIIMS to form medical board to examine him

New Delhi: The Delhi High Court on Monday dismissed a public interest litigation filed by a law student seeking 'extraordinary interim bail' for Chief Minister Arvind Kejriwal. The court imposed a fine of Rs 75,000 on the petitioner. Kejriwal is currently in judicial custody in connection with a money laundering case linked to an alleged excise scam.
A bench headed by Acting Chief Justice Manmohan remarked that the petition was "totally misconceived" and that the court cannot grant "extraordinary interim bail" to a person holding a high office.  "Does he (the petitioner) attend classes in college? It seems he is not following principles of law," the bench also comprising Justice Manmeet PS Arora said.
The court remarked that the AAP leader has the means to take steps to avail his legal remedies and the petitioner holds no power of attorney to make submissions on his behalf.  "Person is taking steps in accordance with law. Who are you? You have some exaggerated notion of yourself. You say you have veto power. That you will give an undertaking (to ensure Kejriwal does not influence witness)," the court stated.  The court emphasised that the concept of equality and Rule of Law were enshrined in the Constitution and Kejriwal was in judicial custody pursuant to judicial orders which were not challenged.  "Writ petition is dismissed with costs of Rs 75,000," the court ordered.  Senior advocate Rahul Mehra, appearing of Kejriwal, said the PIL was "ambush" litigation which was not maintainable and the petitioner has no locus.  The petitioner's counsel sought "extraordinary interim bail" for the Delhi chief minister on the grounds that his safety was in danger as he was confined with hardcore criminals.  The PIL said that to fulfil the responsibilities of the chief minister, Kejriwal's physical presence was required in his office and home to take quick decisions on all issues and to pass orders in the welfare of the public at large.  The petitioner, a law student, mentioned his name as, "We, the people of India" in the plea claiming that he does not want any name, fame or money from this matter.  The petition also said the petitioner has "decided, by using his 'veto power', to release" on extraordinary interim bail Kejriwal in all the criminal cases lodged by the ED and CBI pending against him till the completion of his tenure and the trial.
—PTI

Delhi HC rejects PIL for extraordinary bail for CM Kejriwal linked to excise scam, fines petitioner ₹75k. Emphasizes equality and rule of law.

'Does he attend classes?': Delhi HC junks law student's PIL seeking grant of 'extraordinary interim bail' to Kejriwal

New Delhi [India]: The Rouse Avenue Court of Delhi on Friday sent Bharat Rashtra Samithi (BRS) leader K Kavitha to three days of CBI remand in connection with the excise policy case. The CBI had sought five days of custodial remand for her in the case. The Special Judge, Kaveri Baweja, after hearing both sides in detail, decided to send her to CBI remand till April 15.
The BRS leader and daughter of former Telangana chief minister K Chandrashekar Rao, was arrested by the CBI while she was in judicial custody in the ED case. The CBI remand application stated that "Kavitha Kalvakuntla was required to be arrested in the instant case to conduct her custodial interrogation for confronting her with the evidence and witnesses to unearth the larger conspiracy hatched among the accused/suspect persons regarding the formulation and implementation of the Excise Policy, as well as to establish the money trail of ill-gotten money generated and to establish the role of other accused/suspect persons, including public servants, as well as to unearth the facts which are in her exclusive knowledge."  One of the companies under Aurbindo Group in July 2021 made a total payment of Rs 14 crore through a bank account transaction, in which Rs 7 crore was paid on the first week of July 2021 and the rest Rs 7 crore was paid in mid-November 2021, said CBI to Court while seeking custodial remand of K Kavitha. It has been further revealed that in November-December 2021, Kavitha asked Sarath Chandra Reddy to pay Rs 25 crore at the rate of Rs 5 crore per zone as decided earlier for the five retail zones allotted to him, as she had claimed that she herself had paid Rs 100 crore as upfront money on our behalf to Aam Aadmi Party through the accused Vijay Nair for getting favourable provisions in the excise policy and also pursued the same through her associates Arun R Pillai and Abhishek Boinpally. However, when Sarath Chandra Reddy showed his reluctance to pay the demanded money, Kavitha threatened Sarath Chandra Reddy to harm his business in Telengana and in Delhi under the Excise Policy, stated the remand application. According to the Central Bureau Investigation, Sarath Chandra Reddy has also stated that when the Delhi Excise Policy was withdrawn on August 31, 2022, the accused, Arun R Pillai, an associate of Kavitha, told him not to pay the outstanding Indospirits for his retail zones.  "Subsequently, the investigation into the Delhi Excise Policy matter started and thereafter, Arun R Pillai did not contact him in this regard," the CBI stated. Appearing for Kavitha, Senior Advocate Vikram Chaudhari, along with Advocates Nitesh Rana, Mohit Rao and Deepak Nagar, opposed the remand application moved by CBI and submitted that the arrest has been made without any approval, permission or imprimatur of the Court, and the same can never qualify the test of law. "K Kavitha was lying in custody in the PMLA case. This Court is exercising distinct jurisdiction in the capacity of Special Judge (PMLA) vis-a-vis Special Judge (CBI). Both jurisdictions cannot overlap and the CBI cannot use them to violate the procedures established by law," the lawyers submitted. Defence lawyers further submitted that the applicant (K Kavitha) is a sitting MLC in Telangana and is a renowned as well as mass popular leader of a national political party. "The Lok Sabha Polls in the State of Telangana are scheduled to commence shortly and the entire exercise of arrest, especially the mode, manner and timing thereof, gives rise to the legitimate bona fide belief that the same is obliquely motivated at the behest of certain vested interests solely aimed at denying the level playing field in the realm of elections to a formidable opposition party. Rather, a more worrisome feature is that the investigations are neither free nor fair, impartial or unbiased, thereby rendering the rule of law a casualty," they submitted. The ED arrested Kavitha on March 15 this year in the case of the alleged liquor policy scam. The CBI inquiry was recommended based on the findings of the Delhi Chief Secretary's report filed in July, showing prima facie violations of the GNCTD Act 1991, Transaction of Business Rules (ToBR)-1993, Delhi Excise Act-2009, and Delhi Excise Rules-2010, officials said.  The ED and the CBI had alleged that irregularities were committed while modifying the excise policy, undue favours were extended to licence holders, the licence fee was waived or reduced and the L-1 licence was extended without the competent authority's approval. The beneficiaries diverted "illegal" gains to the accused officials and made false entries in their books of account to evade detection, the probe agencies said. As per allegations, the Excise Department had decided to refund the earnest money deposit of about Rs 30 crore to a successful tenderer against the set rules. Even though there was no enabling provision, a waiver on tendered licence fees was allowed from December 28, 2021, to January 27, 2022, due to COVID-19, the probe agency said and there was an alleged loss of Rs 144.36 crore to the exchequer.
—ANI

Delhi court sends BRS's K Kavitha to CBI custody for 3 days in excise policy case, uncovering alleged corruption and election-related motivations.

BRS leader K Kavitha sent to 3-day CBI custody in excise policy case

New Delhi: A Delhi court on Friday issued notice to the ED and the CBI on AAP leader Manish Sisodia's plea seeking interim bail in excise cases for campaigning in general elections.
Special Judge for the CBI and ED, Kaveri Baweja, directed the central probe agencies to file their replies by April 20, when the court is likely to take up the application for hearing.  The CBI as well as the ED have alleged that irregularities were committed while modifying the Delhi excise policy, undue favours were extended to licence holders, licence fee was waived or reduced and licences were extended without the competent authority's approval.
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The beneficiaries allegedly diverted 'illegal' gains to the accused officials and made false entries in their books of account to evade detection, the probe agencies have alleged.  Sisodia was arrested by the Central Bureau of Investigation (CBI) on February 26, 2023, for his alleged role in the 'scam'. The Enforcement Directorate (ED) arrested Sisodia in a money-laundering case stemming from the CBI FIR on March 9, 2023.  Sisodia resigned from the Delhi cabinet on February 28, 2023.
—PTI

Delhi court serves notice to ED & CBI on Manish Sisodia's bail plea in excise cases. Allegations include corruption in Delhi's excise policy.

Delhi excise 'scam': Court issues notice to ED, CBI on Manish Sisodia's plea for interim bail

New Delhi: In a relief to prominent Muslim cleric, Maulana Tauqeer Raza Khan, the Supreme Court has granted an interim stay on the execution of the non-bailable warrant issued against him in the 2010 Bareilly communal riots case.
On March 2, 2010, riots had broken out in the Uttar Pradesh town over a religious procession route. Many were injured and shops and vehicles burned and attacked.
"Issue notice limited to the impugned order having been passed without assigning any reason. In the meanwhile, there shall be stay of operation of the impugned order," a bench of Justices MM Sundresh and SVN Bhatti ordered after taking note of the submissions made by lawyer Asad Alvi, appearing for the cleric.  The top court was hearing an appeal filed by the cleric against the March 19 order of the Allahabad High Court.  The high court had refused to grant any "indulgence" for the time being to Tauqeer Raza Khan over the warrant.  "So far as a non-bailable warrant against the revisionist (the cleric) is concerned, I am not inclined to grant any indulgence to the revisionist at this stage."  "However, keeping in view the ensuing Holi vacations, the revisionist is directed to appear before the learned trial court on or before March 27, 2024 and apply for bail and his bail application shall be disposed of strictly in accordance with law. It need not be impressed that a non-bailable warrant shall not be executed against him by March 27, 2024 only with a view to give him an opportunity to appear before the court below," the single judge HC bench of Justice Ram Manohar Narayan Mishra had ordered.  The top court took note of the submissions of Alvi that the high court had passed the order without assigning reasons and granted the interim stay.  Initially, the state police had arrested Khan and others but did not file a chargesheet against him.  On March 5, the local trial court had issued summons to the cleric.  It had observed that those in positions of power should be "religious persons" and referred to Chief Minister Yogi Adityanath as an example.  The trial court had said if a religious person heads the state, he gets good results, as propounded by Greek philosopher Plato in his book the "Philosopher King".  "Those wielding power (satta ka pramukh) should be a religious person, because the life of a religious person is not of enjoyment but of sacrifice and dedication. For example, the Siddha Peeth Gorakhnath Temple's peethadheeshwar Mahant Baba Yogi Adityanath, who is presently Chief Minister of our Uttar Pradesh, has proved the above concept to be true," the trial court judge had said.  When Tauqeer Raza Khan did not appear before the trial court on the fixed date, a non-bailable warrant was issued against him.  The Allahabad High Court took note of Khan's appeal and ordered expunction of remarks including the reference to the CM in the trial court order.  "I have gone through the order under challenged whereby learned trial court while passing the impugned order mentioned certain unwarranted expressions containing political overtones and personal views."  "Besides this, he has also shared his personal experiences in the said order, which is not at all required while passing judicial order. It is not expected from the judicial officer to express or depict his personal or preconceived notions or inclinations in the matter. The judicial order is meant for public consumption and such type of order is likely to be misconstrued by the masses," it said.  The high court did not grant Khan the relief he had sought over the non-bailable warrant.  The Uttar Pradesh government had told the high court that Khan was "the mastermind of communal riots which took place on March 2, 2010 in district Bareilly and there is sufficient evidence against him showing his complicity in the offence".
—PTI

Supreme Court grants interim relief to Maulana Tauqeer Raza Khan in 2010 Bareilly riot case, questioning the judicial order's rationale and political undertones.

SC stays operation of NBW issued against cleric Tauqeer Raza Khan in 2010 Bareilly riots case

New Delhi: The Delhi High Court on Tuesday dismissed Chief Minister Arvind Kejriwal's plea challenging his arrest by the Enforcement Directorate in a money laundering case linked to the alleged excise scam.
"The court is of the view that the arrest of Arvind Kejriwal was not in contravention of legal provisions. The remand can't be held to be illegal," said Justice Swarana Kanta Sharma while delivering the verdict.
Also Read: <a href="https://www.thehawk.in/posts/kejriwal-to-move-supreme-court-against-delhi-hc-order-dismissing-his-plea-challenging-arrest" target="_self">https://www.thehawk.in/posts/kejriwal-to-move-supreme-court-against-delhi-hc-order-dismissing-his-plea-challenging-arrest</a>&nbsp;
Besides his arrest, Kejriwal, who is currently in judicial custody, also challenged his subsequent remand in ED custody in the case.  The matter pertains to alleged corruption and money laundering in formulating and executing the Delhi government's excise policy for 2021-22 that was later scrapped.  Kejriwal was arrested by the ED on March 21, hours after the high court refused to grant him protection from coercive action by the federal anti-money laundering agency.  He was sent to judicial custody in the case on April 1 after he was produced in the trial court on expiry of ED custody.
—PTI

Delhi HC rules against CM Arvind Kejriwal's challenge on his ED arrest in connection to a money laundering case tied to the excise scam, affirming the legality of the enforcement action.

Delhi excise policy case: Setback for Arvind Kejriwal as Delhi HC rejects plea challenging arrest by ED

New Delhi: The Delhi High Court is scheduled to deliver on Tuesday its verdict on a plea by Chief Minister Arvind Kejriwal, who is in judicial custody in a money laundering case linked with the alleged excise scam, challenging his arrest.
As per the cause list uploaded on the high court’s website, Justice Swarana Kanta Sharma will pronounce the order at 2:30 p.m. on Tuesday.  Besides his arrest, Kejriwal has also challenged his subsequent remand in the Enforcement Directorate's custody. He was later remanded in judicial custody and is currently lodged in Tihar jail.  The AAP national convener has questioned the "timing" of his arrest by the agency and said it was in contravention of the basic structure of the Constitution, including democracy, free and fair elections and level playing field.
The ED has opposed the plea and contended that Kejriwal cannot claim "immunity" from arrest on the ground of upcoming elections as law is applied equally to him and an "aam aadmi".  Kejriwal was arrested by the ED on March 21 after the high court refused to grant him protection from coercive action by the federal anti-money laundering agency.  He was sent to judicial custody in the case on April 1 after he was produced in the trial court on expiry of ED custody.  The matter pertains to the alleged corruption and money laundering in formulating and executing the Delhi government's excise policy for 2021-22 that was later scrapped.
—PTI

Delhi High Court verdict on Arvind Kejriwal's arrest plea in money laundering case. Kejriwal challenges timing of arrest amid excise scam allegations.

Excise 'scam': Delhi HC to pronounce verdict on Kejriwal’s plea challenging arrest on April 9

New Delhi: Supreme Court on Monday restored the bail granted to YouTuber 'Sattai' Durai Murugan who was accused of making a derogatory speech against Tamil Nadu Chief Minister MK Stalin in 2021. "If before elections we start putting behind bars everyone who makes allegations on YouTube, imagine how many will be jailed?" observed the Supreme Court on Monday.
A Bench of Justice Abhay S Oka and Justice Ujjal Bhuyan set aside the order cancelling Murugan bail and opined that he could not be said to have misused the liberty granted to him. When senior advocate Mukul Rohatgi, representing the State, requested that the apex court to impose condition on the Youtuber so that he does not make any scandalous remarks while on bail, the bench told Rohatgi, "Who shall decide whether a statement is scandalous or not." Observing that Murugan did not misuse his liberty by protesting and expressing his views, the apex court ordered, "He continues to be on bail for 2.5 years. All the same, we do not find grounds to cancel bail. We thus quash the High Court order cancelling bail, and restore the earlier order granting bail. Needless to say, cancellation of bail can be applied for if deemed fit."
The top court was hearing Murugan's plea challenging a Madras High Court order, which cancelled his bail observing that within a few days of giving an undertaking before the court (based on which he was granted relief), he indulged in further offence and made derogatory remarks against the Tamil Nadu Chief Minister. Murugan allegedly made derogatory remarks with an intention to breach public peace and tranquillity and on a complaint of DMK member, police registered a case against him. Murugan was arrested in October 2021. The Madras High Court had in November 2021 granted bail to Murugan, however, later a division bench of the High Court cancelled his bail. In 2022, the apex court had granted interim bail to Murugan.&nbsp;
—ANI

Supreme Court reinstates bail for YouTuber 'Sattai' Durai Murugan, accused of criticizing Tamil Nadu CM MK Stalin, emphasizing the importance of free speech.

SC grants bail to YouTuber, says "How many will be jailed before polls?"

New Delhi: The Delhi High Court on Monday transferred the petition moved by the former AAP minister seeking the removal of Arvind Kejriwal from CM Post. The single judge directed to list the petition before the bench of the acting chief justice. The High Court said a heavy cost should be imposed. The High Court asked how the writ of quo warranto lies in this matter. Is this a PIL?
Justice Subramonium Prasad said that similar matters are entertained and disposed of by the chief justice. "List the same before the bench of chief justice the day after tomorrow," Justice Prasad said. The bench said that heavy costs should be imposed. Kejriwal's counsel said a heavy cost should be imposed as this is the third petition seeking the removal of Kejriwal. An ex-minister in the Aam Aadmi Party government and former MLA has filed a petition in the Delhi High Court, seeking the removal of Arvind Kejriwal from holding the post of Chief Minister.
The petition claims a writ of quo-warranto against Arvind Kejriwal, alleging that he has incurred the incapacity to hold the office of Chief Minister of Delhi after his arrest by the Enforcement Directorate in Excise Policy. The petition is to be listed before the bench of the acting chief justice on April 10. Petitioner Sandeep Kumar, Former Minister for Women and Child Development, Social Welfare, SC/ST Govt. of NCT of Delhi in Aam Aadmi Party Government and former MLA from Sultanpur Mazra Vidhansabha Delhi, through his plea, stated that Arvind Kejriwal, while lodged in jail, has incurred an incapacity to carry out his constitutional obligations and functions under Articles 239AA (4), 167 (b) and (c) and proviso to sub-section (4) of Section 14 of the Disaster Management Act, 2005 and hence he can no longer function as the Chief Minister of Delhi. It further stated that the Chief Minister, while in jail, prevents the Lieutenant Governor from exercising his Constitutional obligations and functions under article 167 (c) of the Constitution, which is identical to section 45 (c) of the Delhi Act, 1991 and for this reason, he cannot continue in office. In 2019, he was disqualified by Delhi assembly speaker Ram Niwas Goel under the anti-defection law after he supported the Bahujan Samaj Party (BSP) in the Lok Sabha elections.
In 2016, AAP suspended its MLA and ex-minister Sandeep Kumar after a raging controversy over an 'objectionable CD' that showed him in a compromising position with a woman. Recently, the Delhi High Court refused to entertain two Public Interest Litigations (PIL) seeking directions to remove Kejriwal from the post of Chief Minister. During the arguments, the bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora, made oral observations stating that, at times, personal interests have to be subordinate to national interests. We do not administer the state. The petitioner can approach the Lieutenant Governor with the grievance raised in the petition, according to Delhi HC. Kejriwal was arrested on March 21 by the Enforcement Directorate in relation to the excise policy case and has spent 10 days in ED custody, after court direction. Kejriwal was arrested by the central agency on charges of corruption in the case. It is the first time in independent India that a serving Chief Minister has been arrested. The move came after Kejriwal skipped multiple summonses by the investigation agency, nine in total, calling them "illegal." The case pertains to alleged irregularities and money laundering in framing and implementing the Delhi Excise Policy 2022, which was later scrapped. While Kejriwal was not named in the FIRs registered by the ED or the Central Bureau of Investigation in the Delhi excise policy case, his name first found a mention in the ED's chargesheet, wherein the agency claimed that he allegedly spoke to one of the main accused, Sameer Mahendru, in a video call and asked him to continue working with co-accused and AAP communications-in-charge Vijay Nair. Nair was among the first people to be arrested by the CBI in the case, in 2022. Subsequently, former deputy chief minister Manish Sisodia and Rajya Sabha MP Sanjay Singh were arrested in connection with the case.
—ANI

Delhi High Court transfers petition seeking Arvind Kejriwal's removal as Chief Minister amid controversy over his arrest in the Excise Policy case.

Delhi excise policy case: Court transfers petition seeking removal of Kejriwal as Chief Minister

New Delhi: The Rouse Avenue court in the national captial on Monday dismissed the detailed interim bail application of Bharat Rashtra Samithi (BRS) MLC K Kavitha. She had sought interim bail on the grounds that her minor son had school examinations. She is in judicial custody after the ED remand in the excise policy case.
Special judge Kaveri Baweja had dismissed the interim bail application this morning. A detailed bail order has yet to be uploaded. The bail application of the BRS leader was opposed by the counsel for ED, who argued that Kavitha destroyed the evidence in her phone and that witnesses were forced to retract their statements. Kavitha had filed an application seeking interim bail given the examination of her school going son. Advocates Nitesh Rana and Deepak Nagar also appeared for her.
At the outset, it was argued that being a woman, the rigours of the twin condition under Section 45 of the Prevention of Money Laundering Act (PMLA) do not apply to K Kavitha. Senior advocate Abhishek Manu Singhvi had submitted that when a person falls under exceptions, the twin condition does not apply to that person. As per Section 45 of PMLA women fall under the category of exceptions for granting bail by the court, Singhvi said. Singhvi further submitted that there is no flight risk when the passport is submitted. Senior advocate Singhvi submitted that the woman who is accused in this case has a minor child whose exams are this month. "Her child is 16. It is the question of moral emotional support in this situation. There is an exam anxiety. PM gives a lecture on radio on how to cope with exam anxiety," Singhvi argued. "The perspective of the mother can not be substituted by the father or other family member. The father is the one who is managing the legal battle in Delhi and the child is in Telangana," the senior advocate argued.   The bail application was opposed by advocate Zoheb Hossain, the special counsel for ED. He submitted that the proviso related to bail under Section 45 of the PMLA should be exercised judiciously. Exceptions are not for women who are leading politicians in the state. He further submitted that Kavitha was a beneficiary in Indo Spirit and Arun Ramchandra Pillai was his proxy in the company. "I am not relying on the statement only. I have WhatsApp chat and other evidence," Hossain asserted. The court asked to show the material. The investigation officer showed some documents to the court. Hossain further argued that Kavitha was involved in the destruction of evidence and influencing witnesses. Special counsel Zoheb Hossain said that he had the case diary and FSL report, which shows how this was done. The special counsel said that she deleted evidence from her phone, deleted data and content on the date she was issued a summons and that no data was found in the App like FaceTime. The BRS leader had deleted evidence from her mobile, Hossain submitted. ED's Counsel submitted that on March 11, when Kavitha was confronted, she evaded the question. Hossain submitted that on March 11, she said she would produce the phone on the next date. Though she produced nine mobile phones, these phones were formatted. On being asked about this, she was evasive. The forensic report shows mobile phones were formatted after March 11.
On March 14 and 15, she deleted data from four mobile phones. This phone was tampered with by her. These phones were completely wiped out and it was revealed after an offer to provide a copy of the phones. The ED's counsel argued that it was not the first time that this had happened and that over 100 devices have either disappeared or wiped out. The ED's counsel argued Hossain submitted that this phone was formatted before being handed over and this, he said shows the destruction of evidence, ED's Counsel further submitted that Arun Ram Chandra Pillai was the proxy of K Kavitha in Indo Spirit. Hossain submitted that the ED was at the stage of making a breakthrough and any interim relief to the BRS leader would derail the probe as she is very influential and could influence the people. Hossain said that witnesses have been called upon and forced to retract their statements. And there are some statements which have been retracted. Her CA has also retracted the statement, the advocate said. The ED counsel referred to the November 11, 2022. statement of Arun Pillai who was arrested on December 6, 2022.
—ANI

Court denies BRS MLC K Kavitha's interim bail in excise policy case amid serious allegations of evidence tampering and witness influence.

Delhi excise policy case: Court denies interim bail to BRS leader Kavitha

New Delhi: The Rouse Avenue Court on Friday reserved the order in an application moved by Delhi Chief Minister Arvind Kejriwal seeking direction to increase the number of legal meetings with his lawyers from two to five times in a week. Through plea, he stated that as he is facing multiple FIRs in various states, a lot of legal work takes place and hence the number of meeting shall be increased.
The Special Judge Kaveri Baweja noted the submissions fixed the matter for passing of order on April 9, 2024. Special Counsel Zoheb Hossain appeared for respondents; authorities opposed the application, stating that the applicant is seeking five times legal meetings in a week, which is clearly against the Jail Manual. According to the manual, only one legal meeting is allowed in a week and in special circumstances, two meeting may be allowed. This applicant is already getting two legal meeting. If someone chooses to run the government from jail, you can't be treated exceptionally, said lawyers.  On April 1, 2024, the court sent the Delhi Chief Minister to judicial custody till April 15 in the excise policy money laundering case. The Court on April 1, had directed Tihar Jail authorities to allow Kejriwal to carry prescribed medicine, books, one table and chair, a religious locket and a special diet as prescribed by the doctors, as per the jail manual. Kejriwal was arrested on March 21 by the Enforcement Directorate in relation to the excise policy case and has spent 10 days in ED custody, after court direction. Kejriwal was arrested by the central agency on charges of corruption in relation to the case. It is the first time in independent India that a serving Chief Minister has been arrested. The move came after Kejriwal skipped multiple summons by the investigation agency, nine in total, calling them "illegal." The case pertains to alleged irregularities and money laundering in framing and implementing the Delhi excise policy 2022, which was later scrapped. While Kejriwal was not named in the FIRs registered by the ED or the Central Bureau of Investigation in the Delhi excise policy case, his name first found a mention in the ED's chargesheet, wherein the agency claimed that he allegedly spoke to one of the main accused, Sameer Mahendru, in a video call and asked him to continue working with co-accused and AAP communications-in-charge Vijay Nair.
Nair was among the first people to be arrested by the CBI in the case, in 2022. Subsequently, former deputy chief minister Manish Sisodia and Rajya Sabha MP Sanjay Singh were arrested in connection with the case.
—ANI

Court deliberates on Kejriwal's plea for more legal consultations in light of multiple FIRs. Special counsel opposes, citing Jail Manual.

Delhi court reserves order on Kejriwal's plea, which seeks increase in number of legal meeting during judicial custody; ED opposes

New Delhi: The Supreme Court on Thursday asked the Ajit Pawar faction of the Nationalist Congress Party (NCP) to ensure that more prominent disclaimers are published in its election advertisements notifying that the allocation of the 'clock' symbol to it is sub-judice. A bench of Justices Surya Kant and KV Viswanathan also cautioned the Sharad Pawar NCP faction to not use the NCP 'clock' symbol anywhere and to use the 'man blowing turha' symbol (allocated to it) for the upcoming polls.
It said the Sharad Pawar faction, its party office bearers, workers and supporters shall only use the name 'Nationalist Congress Party-Sharad Chandra Pawar' for upcoming elections and the "man blowing turha" symbol. "In other words, the applicant-petitioner (Sharad Pawar) or supporters shall not use the symbol clock," said the bench while saying that its March 19 order shall be abide by both the factions. "It is suffice to clarify and reiterate that the petitioner (Sharad Pawar) and party office bearers and workers supporters shall abide by directions in para 3 in terms thereof. The respondents (Ajit Pawar faction), the office bearers of the political party, and the workers are obligated to meticulously follow directions contained in the order," the bench recorded in its order.  Senior advocate Mukul Rohatgi appearing for Ajit Pawar group assured the Supreme Court that office-bearers, candidates, and supporters shall be sensitised to ensure that there is no defiance of the court's order and to issue public notices with more prominent space in the newspapers. During the hearing today, senior advocate Abhishek Manu Singhvi appearing for the Sharad Pawar group presented certain advertisements and posters published by the Ajit Pawar group, in print, electronic and social media, and claimed that none of them carried the disclaimer that the use 'clock' symbol was sub-judice. Rohatgi representing the Ajit Pawar group alleged that the Sharad Pawar group was still using the 'clock' symbol. The apex court on March 19 directed the Ajit Pawar faction to issue a public notice in English, Hindi, Marathi media and mention in all its campaign ads that the 'clock' symbol allotted to it is subject to the outcome of the case pending before it on challenge to the ECI order of recognising Ajit Pawar's group as 'real NCP'. It had also directed that the undertaking made by the Ajit Pawar faction to not use the name and pictures of Sharad Pawar in election posters will apply not just to the State of Maharashtra but also to other States. The top court had also asked the Sharad Pawar faction to use the 'Nationalist Congress Party-Sharad Chandra Pawar's name for upcoming elections and the "man blowing turha" symbol. Earlier, the apex court had directed that the Election Commission's order of February 7 allotting 'Nationalist Congress Party-Sharad Chandra Pawar' as the party name for the Sharad Pawar faction will continue till further orders.
—ANI

Supreme Court directs NCP's Ajit Pawar faction to publish disclaimers in ads about 'clock' symbol's status, while Sharad Pawar's group must use 'man blowing turha' symbol for elections.

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