‘No material to link with Al-Qaeda’: HC grants bail to Maulana who was in jail for over a year under UAPA

News Network
November 17, 2020

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The Jharkhand High Court has granted bail to a Maulana as he was charged under various sections of the Unlawful Activities (Prevention) Act [UAPA]. The police made out a case that the co-accused met at the house of the Maulana, the petitioner and he received money from Gujarat for committing anti-national work, being a “jihadi”. And thus, arrested him on September 9, 2019 and he has since been in custody.

Maulana Kalimuddin Muzahiri was arrested and charged under sections 121 [Waging, or attempting to wage war against the state], 121(A) [Conspiracy to commit offences punishable by section 121], 124(A) [sedition], 120-B [criminal conspiracy], 34 [Acts done by several persons in furtherance of common intention] of the Indian penal Code (IPC) read with Sections 25(1-B)a [in possession of firearms], 26 [secret contraventions], 35 [Criminal responsibility of persons in occupation of premises in certain cases] of Arms Act, Sections 16 [terrorist act], 17 [Punishment for raising funds for terrorist act], 18 [Punishment for conspiracy], 18-B [Punishment for recruiting of any person or persons for terrorist act], 19 [Punishment for harbouring], 20 [Punishment for being member of terrorist gang or organisation], 21 [Punishment for holding proceeds of terrorism], 23 [enhanced penalties] of U.P.A. Act and Section 17 of C.L.A. Act.

The counsel for the petitioner argued that during the investigation police did not follow through the investigation about the money sent to the petitioner or about any anti-national work being carried out by the petitioner.

The single judge bench of Justice Kailash Prasad Deo accepted the counsel’s contention and agreed that no material has been collected with regard to involvement of the petitioner in any activities of Al-Qaeda outfit, nor Investigating Officer has collected any material with regard to the money given to this petitioner by any Organization, who was involved in unlawful activities.

The Unlawful Activities (Prevention) Act (UAPA) is a national security legislation that gives unbridled powers to the government authorities to detain an individual based on vague and arbitrary grounds such as “in the interest of national security”. After invoking multiple stringent charges against the Maulana, the police were ultimately unable to submit any proof to establish the severe and grave allegations made against the petitioner who had to stay on in prison for about 14 months due to some misguided investigation or merely prejudiced biases of the investigating personnel. One cannot even fathom how many such weak cases of UAPA are waiting to be unravelled before some court of law where the court finds that there was, in fact, no case made out against the accused during the investigation. While the law enforcement agencies wash their hands of such cases after the bail is made, the personal and social life of the accused person effectively stands to be ruined. The law enforcement agencies are not required to establish a substantial case against anybody before deeming them to be involved in terrorist activity which effectively has made the law to be a tool of intimidation against the weaker sections of the society.

The Sessions court in Delhi has had a pattern of denying bails to persons allegedly involved in the north-east Delhi riots of February 2020 basis the accused persons’ act of blocking the road. Individuals like Safoora Zargar, Devangana Kalita, Asif lqbal Tanha were denied bail by the same court in Delhi pertaining to the Delhi riots case for the exact same reason. In an analysis piece done by SabrangIndia it was found that bails under UAPA were granted on basis of logic and of a reasoned and sound order, with basis on rule of law and precedents set out by the Supreme Court. So, most commonly, an order granting bail under UAPA is found to be more reasoned and based on rule of law than orders of denial of bail which seem mechanical in approach and rely solely on prosecution’s version and witness statements in the case.

During the monsoon session of the Parliament, the Ministry of Home Affairs (MHA) was forced to reveal data related to UAPA cases as questions were put forth during the session. The MHA presented data from National Crime Records Bureau (NCRB) 2018 report “Crimes in India”. As per NCRB’s 2018 report, between 2016-18 a total of 3,974 persons were arrested under UAPA and 3,005 cases were registered. Out of these, only 821 chargesheets were filed in three years, i.e. 2016-18.

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News Network
November 16,2024

Mangaluru: The Kavoor police in Mangaluru, Karnataka, have arrested three individuals from Kerala in connection with two separate cybercrime cases, including one involving extortion under the guise of a "digital arrest."

City Commissioner of Police Anupam Agrawal reported that one of the arrested individuals, Nisar, a resident of Ernakulam district, posed as a CBI officer. He allegedly threatened the complainant with arrest and extorted Rs 68 lakh. A case has been filed under sections 66 (C) and 66 (D) of the IT Act, and sections 308 (2) and 381 (4) of BNS.

In another case, the Kavoor police arrested two men, Sahil K P of Thiruvannur, Kozhikode, and Muhammad Nashath of Mappila Koyilandy, Kerala, in connection with a share trade fraud. The accused are alleged to have deceived the complainant by promising substantial profits from an investment in the stock market. Trusting the fraudsters, the complainant invested Rs 90 lakh, which was subsequently lost. A case has been registered under sections 66 (C) and 66 (D) of the IT Act, and sections 318 (4) and 3 (5) of BNS.

The accused were arrested in Koyilandi and presented before the court. The operation was carried out under the guidance of City Police Commissioner Anupam Agrawal, led by Mangaluru North Sub-Division ACP Srikanth K, Kavoor Inspector Raghavendra Byndoor, Kavoor PSI Mallikarjuna Biradara, and staff members Ramanna Shetty, Bhuvaneshwari, Rajappa Kashibai, Praveen N, and Malatesh. 

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News Network
November 21,2024

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After the US prosecutors charged Gautam Adani with bribery and fraud, Congress reiterated its call for a Joint Parliamentary Committee (JPC) probe into the transactions of the Adani group, and hit out at Prime Minister Narendra Modi, alleging an "internal nexus" between him and "his favourite businessman."

Senior Congress leader Jairam Ramesh said the indictment of Gautam Adani and others by the US Securities and Exchange Commission validates his party’s call for a Joint Parliamentary Committee investigation.

The Congress has been pushing for the probe since January 2023, raising concerns over alleged irregularities involving Adani and his business dealings, said Ramesh.

Ramesh referred to the party’s “Hum Adani ke Hain” series, where 100 questions were raised about the alleged scams and the links between Prime Minister Narendra Modi and Gautam Adani.
He noted that the questions remain unanswered, reiterating the need for accountability in the matter.

The US prosecutors have charged Adani with deceiving investors by concealing information about his firm's solar energy project in India, which allegedly involved bribery.

Adani has been charged with securities fraud and conspiracy, according to an indictment unsealed on Wednesday. The case focusses on an agreement between Adani Green Energy Ltd. and another organisation to supply 12 gigawatts of solar power to the Indian government.

'BETRAYAL OF INDIAN INVESTORS'

Congress leader Pawan Khera described the allegations against Gautam Adani and his conglomerate as a “betrayal of Indian investors.”

Taking to X, Khera outlined the US charges, including claims that Adani’s group bribed Indian government officials between 2020 and 2024 to secure contracts. Citing media reports, he also pointed out that Gautam Adani personally met a government official to advance the scheme.

Khera referred to a March 2024 incident where the Adani Group allegedly misled the Bombay Stock Exchange and the National Stock Exchange, calling it a “grave violation of investor trust.”

He further highlighted a March 2023 FBI raid on the premises of Sagar Adani, Gautam Adani’s nephew, where electronic devices were seized as part of the investigation.

'SEBI NOT ABLE TO PROVE ANY CHARGES AGAINST ADANI'

Shiv Sena (UBT) leader Priyanka Chaturvedi criticised central probe agencies following US charges against Gautam Adani and others in an alleged bribery case linked to solar energy contracts.

Chaturvedi raised concerns about corporate governance and regulatory oversight in the country. “They talk about corporate governance, responsibility, and accountability. The industrialists should be asked to follow the rules and regulations, but even the agencies were defending him. The SEBI has not yet been able to prove charges against him,” she said, pointing to what she viewed as failures in ensuring accountability.

'BROUGHT DISREPUTE TO INDIA'

On US charges against Gautam Adani, AAP leader Sanjay Singh called for a probe against the industrialist. He said that the probe should be conducted by an investigation agency under the Supreme Court.

"Adani Group has brought disrepute to India. This is a very serious matter. The PM of India should come forward and answer this. All the pending matters against Adani should be probed by an investigation agency under Supreme Court monitoring, and all the corruption done by him, within and outside the country, should come out before the country and action should be taken against him," he said.

BJP DFENDS

BJP IT cell chief Amit Malviya responded sharply to the Opposition’s criticism regarding allegations involving Adani Green Energy and US-based Azure Power. He pointed out that the charges in the indictment are only allegations and emphasised, “The defendants are presumed innocent unless and until proven guilty.”

Malviya argued that the crux of the case concerns agreements to supply 12 GW of power to the Solar Energy Corporation of India (SECI), contingent on SECI securing power purchase agreements with state electricity distribution companies (SDCs).

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News Network
November 25,2024

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Bengaluru: Karnataka Chief Minister Siddaramaiah has instructed the Hindu Religious Endowment Department to submit a proposal for constructing a gold chariot for the presiding deity of the state, Chamundeshwari, official sources said on Monday.

The directive follows a request from Member of Legislative Council (MLC) Dinesh Gooligowda, who highlighted the historical and cultural significance of the Chamundeshwari Temple on Chamundi Hill in Mysuru, which dates back to the 12th century AD.

Gooligowda noted that the existing wooden chariot, donated by devotees from Coimbatore, Tamil Nadu, has deteriorated over time.

“Devotees have expressed their desire to organise a ‘rathotsava’ using a gold chariot for Goddess Chamundeshwari. This proposal has been under consideration for some time, with an estimated cost of Rs 100 crore,” the MLC said.

He emphasised that the government’s financial involvement would not be required, as devotees are willing to contribute towards making the chariot a reality.

Gooligowda proposed a deadline for the 2025 Dasara festival for the completion of the chariot, ensuring it is ready for the grand procession featuring the idol of Chamundeshwari.

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