No bar on granting anticipatory bail for offences under 2019 law on triple talaq: SC

Agencies
January 2, 2021

New Delhi, Jan 2: The Supreme Court has said there is no bar on granting anticipatory bail for an offence committed under the Muslim Women (Protection of Rights on Marriage) Act 2019, which makes the practice of instant divorce through "triple talaq" among Muslims a punishable offence, provided the court hears the complainant woman before granting pre-arrest bail.

The apex court noted that under the provisions of the Act, a Muslim husband who pronounces "triple talaq" upon his wife can be sentenced to a jail term that may extend to three years.

The top court said the prohibition in the 2019 law is evidently one "which operates in relation to a Muslim husband alone".

A bench headed by Justice D Y Chandrachud referred to the relevant sections of the Act and also the provision of the Code of Criminal Procedure (CrPC), which relates to directions for the grant of bail to a person apprehending arrest.

"For the above reasons, we have come to the conclusion that on a true and harmonious construction of section 438 of the CrPC and section 7(c) of the Act, there is no bar on granting anticipatory bail for an offence committed under the Act, provided that the competent court must hear the married Muslim woman, who has made the complaint, before granting the anticipatory bail," the bench, also comprising justices Indu Malhotra and Indira Banerjee, said.

"It would be at the discretion of the court to grant ad-interim relief to the accused during the pendency of the anticipatory bail application, having issued notice to the married Muslim woman," it added.

The top court passed the verdict while granting anticipatory bail to a woman accused of harassing her daughter-in-law, who got an FIR lodged in August last year, alleging that her spouse had pronounced "triple talaq" on her at their house.

The bench was hearing an appeal filed against a Kerala High Court order, which had declined to grant anticipatory bail to the woman.

Referring to the provisions of the 2019 Act, the apex court said, "The prohibition in sections 3 and 4 is evidently one which operates in relation to a Muslim husband alone. This is supported by the Statement of Objects and Reasons accompanying the Muslim Women (Protection of Rights on Marriage) Bill 2019, when it was introduced in Parliament."

The court noted that under section 3 of the Act, the pronouncement of "triple talaq" by a Muslim husband upon his wife has been rendered void and illegal while section 4 deals with the punishment for the same.

"Thus, on a preliminary analysis, it is clear that the appellant, as the mother-in-law of the second respondent (complainant woman), cannot be accused of the offence of pronouncement of triple talaq under the Act as the offence can only be committed by a Muslim man," the bench said.

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News Network
November 21,2024

modiadani.jpg

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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