SC declines to stay proceedings against D K Shivakumar in tax evasion case

News Network
August 27, 2020
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New Delhi, Aug 27: The Supreme Court on Thursday declined to grant a stay on proceedings in the income tax evasion case against Congress' Karnataka unit president D K Shivakumar.

A bench comprising Chief Justice S A Bobde, Justice A S Bopanna and Justice V Ramasubramanian allowed the Income Tax department to file its reply in the matter and scheduled the matter for further hearing after four weeks.

In July, the apex court had declined to stay the criminal proceedings initiated against Shivakumar for the alleged recovery of undisclosed wealth following a raid on his premises in August 2017. The top court asked the IT Department why should not the court grant relief sought by Shivakumar, who has moved the top court challenging the validity of the Karnataka High Court's November 2019 order.

In the plea, Shivakumar has contended that the IT Department cannot treat the amount recovered during a search as for concealed income without waiting for him to file his return of income.

After the high court declined to entertain his criminal revision plea challenging the order passed by Additional Sessions Judge, Bengaluru, declining his plea for discharge in the complaint filed by the deputy director of Income Tax (Investigation), alleging that Shivakumar has committed an offence under tax laws and also provisions under IPC, Shivakumar moved a special leave petition in the apex court.

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September 16,2024

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Mangaluru, Sept 16: In a heartwarming display of communal unity, members of Hindu and Christian communities celebrated Eid Milad—marking the birth of Prophet Mohammed—by distributing sweets and refreshments to their Muslim neighbors in Dakshina Kannada.

In Boliyar, near Konaje on the outskirts of Mangaluru, members of the local organization Geleyara Balaga surprised participants in the Eid Milad procession with an offering of sweets and cold drinks. 

The gesture of goodwill was led by Manoj, Sheena Poojary, Denis Lily, Sanat, Lokanath, Satish, Praveen, Madhu, and Valentine. Abdul Rahman, the khateeb of Boliyar Juma Masjid, expressed heartfelt gratitude for this act of kindness.

In a similar display of solidarity, a group of Hindus, draped in saffron shawls, distributed sweets and drinks to those partaking in the Eid Milad procession at Mani village, Bantwal taluk.

These acts of generosity highlighted the spirit of harmony and togetherness among different communities, celebrating the true essence of the festival.

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News Network
September 28,2024

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The Lebanese Hezbollah resistance movement has confirmed the assassination of its secretary general Sayyed Hassan Nasrallah in massive Israeli airstrikes targeting residential buildings in southern Beirut on Friday.

“His Eminence, the Master of Resistance, the righteous servant, has joined his Lord and His pleasure as a great martyr — an outstanding, courageous, wise, and insightful leader — joining the ranks of the radiant martyrs of Karbala in the divine journey of faith, following in the footsteps of the prophets and martyr imams,” Hezbollah said in a statement on Saturday afternoon.

“The leadership of Hezbollah vows to the highest, most sacred, and dearest martyr in our journey, filled with sacrifices and martyrs, to continue its struggle against the enemy, supporting Gaza and Palestine, and defending Lebanon and its steadfast, honorable people,” it added.

Since Friday afternoon, Israeli warplanes have conducted over 30 airstrikes, targeting residential buildings in Burj al-Barajneh, Kafaat, Choueifat, Hadath, al-Laylaki, and Mreijeh, with local media reporting upwards of 300 casualties as a result of the aggression.

Footage broadcast by al-Manar television channel from the crowded area of Beirut’s Dahiyeh shows flattened buildings, streets filled with rubble and clouds of smoke and dust above the area.

Martyrs’ Square, Beirut’s central public area, was crowded with exhausted and anxious families sheltering outdoors.

The recent attacks are part of the Israeli regime’s intensified assault on Lebanon, which has become more deadly this week, resulting in over 700 deaths nationwide since Monday.

The new attacks came less than a week after the Tel Aviv regime killed 38 people, including three children and seven women as well as senior Hezbollah commander Ibrahim Aqil in an attack on a residential building in a southern Beirut suburb.

Earlier on Saturday, Leader of the Islamic Revolution Ayatollah Seyed Ali Khamenei said the brutal attacks by the “rabid Zionist dog” on Lebanon revealed the shortsightedness and foolish policies of Israeli officials, calling on all Muslims to unite behind Lebanese people and Hezbollah.

“The Zionist criminals need to know that they are far too weak to be able to inflict any significant damage on the solid structure of Lebanon’s Hezbollah. All the resistance forces in the region stand with and support Hezbollah,” the Leader said in a statement on Saturday.

“The Lebanese have not forgotten that there was a time when the soldiers of the occupying regime were advancing toward Beirut, and Hezbollah stopped them, and made Lebanon proud. Today too, by the grace and power of God, Lebanon will make the transgressing, malicious enemy regret its actions,” Ayatollah Khamenei noted. 

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News Network
September 23,2024

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New Delhi: Downloading and watching child pornography is an offence under the Protection of Children from Sexual Offences (POCSO) Act, the Supreme Court ruled today in a landmark judgment on the stringent law to prevent child abuse.

The bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala set aside the Madras High Court order that had ruled that merely downloading and watching child pornography was not an offence under the POCSO Act. The Supreme Court noted that the high court had committed an "egregious error" in passing the judgment.

The Madras High Court's order had come in a case in which a 28-year-old man was charged with downloading child pornography on his phone. The court had quashed the criminal proceedings against the man and said children these days are grappling with the serious issue of watching pornography and society must be mature enough to educate them instead of punishing them.

The Supreme Court today restored the criminal proceedings against the man.

At the outset, Justice Pardiwala thanked the Chief Justice for the opportunity to pen this judgment. The order focused on Section 15 of the POCSO Act which lays down punishment for the storage of pornographic material involving children.

"Any person who stores any pornographic material involving a child and fails to report or destroy it is punishable with a fine of not less than five thousand rupees., and repeat offence will be punishable with fine of not less than ten thousand rupees. If the material is stored for further transmitting or propagating, then along with fine, it is punishable with upto three years of imprisonment. For storing child pornographic material for commercial purpose is punishable with three to five years of imprisonment, and in subsequent conviction, upto seven years of imprisonment," the Section says.

Justice Pardiwala said that in this case, mens rea is to be gathered from actus rea -- mens rea refers to the intent behind the crime and actus rea is the actual criminal act.

"We have said on the lingering impact of child pornography on the victimisation and abuse of children... We have suggested to the Parliament to bring an amendment to POCSO... so that child pornography can be referred to as child sexually abusive and exploitative material. We have suggested an ordinance can be brought in. We have asked all courts not to refer to child pornography in any order," the bench said.

The Chief Justice called it a "landmark judgment" and thanked Justice Pardiwala.

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