Aarushi-Hemraj murder case: Court to examine witnesses

June 8, 2012

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New Delhi, June 8: The Ghaziabad court on Friday will begin examining the prosecution witnesses in the Aarushi-Hemraj double murder case. This comes a day after the Supreme Court dismissed the Talwars' plea to quash the ongoing trial proceedings. Both Nupur and Rajesh Talwar are expected to be in the court on Friday.

Nupur Talwar's lawyer Avinash Kumar said that the option for the Talwars to file a fresh bail application before the appropriate court was still there. "The defence will now review the court order and then decide on the future course of action. We will do what is best in the interest of the Talwars," he said.

Former Joint CP, Delhi Police, Maxwell Pereira said, "I am totally with the CBI. I wonder who has been giving advice to the Talwars and who is benefiting from this. This was a diversion act of Talwars. CBI has rightly said that this is an attempt to delay the proceedings."

"We have found no merit in the review petition and are not inclined to interfere with the order of the trial court," the bench said while dismissing the review petition of the Talwars on Thursday.

Though the bench passed a unanimous decision, Justice Patnaik preferred to write a separate judgement to point out certain infirmities in some portions of the order passed by the trial court.

However, the bench preferred not to interfere with the Special Court's order issuing processes, as the overall circumstances and detailed reasons cited in the impugned order did not warrant any interference.

The bench had on May 16 reserved the order after hearing extensively the contentions of Nupur Talwar and the CBI which had strongly opposed her pleas.

Departing from normal practice of hearing review petitions in the judges' chambers, the apex court had on March 15 decided to hear in open court the petition seeking review of its January 6 order in which it had cleared the decks for the trial of the dentist couple-Rajesh and Nupur Talwar in the murder case by dismissing their plea to quash criminal proceedings against them.

Nupur Talwar had also filed a fresh plea for bail in the pending petition before the apex court in which she had sought review of its decision giving a go ahead to criminal prosecution against her and her husband.

Nupur Talwar had contended that she was not asking for a clean chit in the murder case but wanted a direction to the CBI to re-investigate the case.

Fourteen-year-old Aarushi was found dead with her throat slit at her Noida residence on the intervening night of May 15 and 16, 2008, while Hemraj's body was recovered from the terrace of the house the next day.

Nupur Talwar is now in in judicial custody while her Rajesh Talwar is out on bail. The case for their trial in the twin murder case is pending at a Ghaziabad sessions court.

In between, a non-bailable warrant was issued by the Special CBI Court in Ghaziabad after the Allahabad High Court had withdrawn the protection given to her.

After that Nupur Talwar had approached the apex court seeking bail and protection from arrest.

However, the apex court had on April 27 directed her to surrender on April 30 before the trial court in Ghaziabad.

After the CBI court had dismissed her plea, she was sent to the judicial custody.

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News Network
November 15,2024

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Union minister Amit Shah on Friday, November 15, said PM Narendra Modi will amend the Waqf Act despite opposition from leaders like Uddhav Thackeray and Sharad Pawar.

"Modi ji wants to change the Waqf Board law, but Uddhav ji, Sharad Pawar and Supriya Sule are opposing it," Shah said, addressing a rally at Umarkhed in Maharashtra's Yavatmal district.

"Uddhav ji, listen carefully, you all can protest as much as you want, but Modi ji will amend the Waqf Act," he said. Shah said there are two camps in the November 20 Maharashtra assembly polls, one of 'Pandavas' represented by the BJP-led Mahayuti and the other of 'Kauravas' represented by Maha Vikas Aghadi.

"Uddhav Thackeray claims that his Shiv Sena is the real one. Can the real Shiv Sena go against renaming Aurangabad to Sambhajinagar? Can the real Shiv Sena go against renaming Ahmednagar to Ahilyanagar? The real Shiv Sena stands with the BJP," Shah said.

"Rahul Baba used to say that his government would credit money in the accounts of the people instantly. You were unable to fulfil your promises in Himachal, Karnataka, and Telangana," he said.

Shah said the Mahayuti alliance has promised that women will get Rs 2,100 per month under the Ladki Bahin Yojana. "Kashmir is an integral part of India and no power in the world can snatch it away from us," Shah said.

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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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