Ishrat Jahan encounter case disposed of without trial after case against last two IB officers dropped

Agencies
April 20, 2021

The 2004 Ishrat Jahan encounter case on Monday was closed for good, with a metropolitan court allowing applications of two accused Intelligence Bureau (IB) officers including former special director Rajinder Kumar challenging issuance of summons against them.

The court had issued summons against them for taking cognisance of the charge sheet filed against them. 

The duo challenged the summons on the ground that since the Ministry of Home Affairs (MHA), their cadre-controlling authority, denied sanction to prosecute them, the summons were illegal.

The metropolitan court while allowing their pleas ordered that case was being disposed of.

"The court allowed the applications of the two remaining accused and ordered that the case was being disposed of," special public prosecutor, CBI, R C Kodekar said.

With the relief to two officers, the case of Ishrat Jahan encounter stands closed as all accused including seven Gujarat policemen, one of the them died last year, and two other IB officers, getting dropped from the case. The seven policemen included former Director General of Polce P P Pandey, who was discharged, while cases against ex IPS officer D G Vanzara, ex Superintendent of Police N K Amin, Inspector General of Police G L Singhal, ex Deputy Superintendent of Police Tarun Barot and SRP commando Anaju Chaudhary were dropped for want of government sanction. The seventh accused J G Parmar passed away last year. The CBI has told the court in writing that it accepted all orders and won't challenge them.

The Gujarat high court monitored CBI investigation had found that 19 years old Ishrat Jahan, her friend Pranesh Pillai alias Javed Sheikh and two alleged Pakistani nationals- Amjadali Rani and Zeeshan Johar in the killed in fake encounter in a joint operation of Ahmedabad Detection of Crime Branch and officials of Subsidiary Intelligence Bureau which was then headed by Rajinder Kumar. However, the sessions court while deciding applications seeking dropping of the case for want of sanction that "there was not enough evidence that they were not terrorists and "there is no question of any fake encounter on the part of any such police officers."

Apart from Kumar, his three juniors- Rajiv Wankhede, T Mittal and Mukul Sinha were also involved in the operation. Kumar along with Gujarat policemen were accused of conspiracy, murder, abduction, illegal confinement and sections of arms acts while the three IB officials, who were then Assistant Central Intelligence Officers (ACIO), were chargesheeted for conspiracy, abduction and illegal confinement.

The case was dropped against all the accused persons from state police and IB on the ground that government refused to grant sanction under section 197 of code of criminal procedure (CrPC) to prosecute them. The section mandates prior approval of government before prosecuting government servants. Only former DGP PP Pandey was discharged on merit of the case and want of sanction.  

The CBI had filed the chargesheet against the four IB officers in February 2014 before the metropolitan court and since then it remained pending for cognizance. In 2015, MHA denied sanction to CBI for prosecuting them. The chargesheet was never committed to trial (sessions) court, as the law prescribes, and remained with the metropolitan court. The court had summoned two other accused IB officers who challenged them and was quashed by a sessions court.

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News Network
November 21,2024

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Shares of Adani Group companies lost about $28 billion in market value in morning trade on Thursday after US prosecutors charged the billionaire chairman of the Indian conglomerate in an alleged bribery and fraud scheme.

Gautam Adani's flagship company Adani Enterprises tumbled 23 per cent, while Adani Ports, Adani Total Gas, Adani Green, Adani Power, Adani Wilmar and Adani Energy Solutions, ACC , Ambuja Cements and NDTV fell between 20 per cent and 90 per cent.

Adani group's 10 listed stocks had a total market capitalisation of about $141 billion at 0534 GMT, compared to $169.08 billion on Tuesday.

US authorities said Adani and seven other defendants, including his nephew Sagar Adani, agreed to pay about $265 million in bribes to Indian government officials to obtain contracts expected to yield $2 billion of profit over 20 years, and develop India's largest solar power plant project.

Adani Green in a statement on Thursday said the US Justice Department had issued a criminal indictment against board members Gautam Adani and Sagar Adani and the Securities and Exchange Commission had issued a civil complaint against them.

The US Justice Department also included Adani Green board member Vneet Jaain in the criminal indictment, it said.

Adani Green's units had decided not to proceed with the proposed US dollar denominated bond offerings due to developments, it added.

"Investors will shy away from Adani Group stocks ... and that's what this sharp selling is signifying," said Saurabh Jain, assistant vice president of retail equities research at SMC Global Securities.

"This could hurt the credibility of the group and maybe borrowing costs will rise," he said.

The indictment comes nearly two years after US shortseller Hindenburg Research alleged that Adani had improperly used tax havens and was involved in stock manipulation, allegations the conglomerate denied.

Also in early Asian trading on Thursday, Adani dollar bonds slumped, with prices down 3c-5c on bonds for Adani Ports and Special Economic Zone. The falls were the largest since the Adani Group came under a short-seller attack in February 2023.

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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News Network
November 18,2024

Advisors to US President-elect Donald Trump have instructed his allies and associates to refrain from using the inflammatory language they previously employed when discussing issues related to migrants and the deportation of asylum seekers, in a bid to avoid “looking like Nazis.”

US media reports said that Trump’s associates had been asked to stop using the word “camps” to describe potential facilities that would be used to accommodate migrants rounded up in deportation operations across the country.

The reports said the US president-elect’s allies had been ordered to stave off such charged terms as they would bring to mind “Nazis,” and be used against Trump.

“I have received some guidance to avoid terms, like ‘camps,’ that can be twisted and used against the president, yes,” one Trump ally told American monthly magazine Rolling Stone.

“Apparently, some people think it makes us look like Nazis.”

The presidential advisers also cautioned surrogates and allies to keep racist terms, which have dogged Trump’s campaign, out of their remarks.

They said with Trump’s heated rhetoric that used to compare undocumented immigrants to “animals” and his slight that they are “poisoning the blood of our country,” detractors did not need to reach too far to find parallels to Nazi Germany.

Stephen Miller, who Trump tapped to be his deputy chief of staff of policy, specifically used the word “camps” to describe holding facilities that he hoped the military could put together for immigrants.

Tom Homan, who served as the acting director of Immigration and Customs Enforcement and is chosen by Trump to be in charge of the US borders, was no stranger to such language.

“It’s not gonna be a mass sweep of neighborhoods,” he said in an interview earlier this week. “It’s not gonna be building concentration camps. I’ve read it all. It’s ridiculous.”

Becoming a little more forthright about the new government’s aggressive deportation plans, Homan likened the early days of the Trump administration to the initial invasion of Iraq in 2003.

“I got three words for them – shock and awe,” he said. “You’re going to see us take this country back.”

Trump made immigration a central element of his 2024 presidential campaign but unlike his first run, which was mainly focused on building a border wall, he has shifted his attention to interior enforcement and the removal of undocumented immigrants already in the United States.

People close to the US president and his aides are laying the groundwork for expanding detention facilities to fulfill his mass deportation campaign promise.

The businessman-turned-politician deported more than 1.5 million people during his first term.

The figure do not include the millions of people turned away at the border under a Covid-era policy enacted by Trump and used during most of Biden’s term.

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