New Delhi: A Delhi court on Monday directed the AIIMS to constitute a medical board to examine Chief Minister Arvind Kejriwal to determine whether he needs insulin to control his sugar levels and consider his other medical issues.
Also Read: <a href="https://www.thehawk.in/posts/kejriwal-writes-letter-to-tihar-jail-superintendent-questions-jail's-statement-on-insulin" target="_self">https://www.thehawk.in/posts/kejriwal-writes-letter-to-tihar-jail-superintendent-questions-jail's-statement-on-insulin</a>&nbsp;&nbsp;
Special Judge for CBI and ED cases Kaveri Baweja passed the order while declining Kejriwal's plea for video consultation with his doctor.  Kejriwal had on Friday alleged he was not being administered insulin in jail leading to 'alarming' rise in his blood sugar levels.
—PTI

Delhi court directs AIIMS to form a medical board to evaluate Chief Minister Arvind Kejriwal's need for insulin and address other health issues.

Delhi court rejects Kejriwal's plea for video call with doctor, tells AIIMS to form medical board to examine him

New Delhi: The Delhi High Court on Monday dismissed a public interest litigation filed by a law student seeking 'extraordinary interim bail' for Chief Minister Arvind Kejriwal. The court imposed a fine of Rs 75,000 on the petitioner. Kejriwal is currently in judicial custody in connection with a money laundering case linked to an alleged excise scam.
A bench headed by Acting Chief Justice Manmohan remarked that the petition was "totally misconceived" and that the court cannot grant "extraordinary interim bail" to a person holding a high office.  "Does he (the petitioner) attend classes in college? It seems he is not following principles of law," the bench also comprising Justice Manmeet PS Arora said.
The court remarked that the AAP leader has the means to take steps to avail his legal remedies and the petitioner holds no power of attorney to make submissions on his behalf.  "Person is taking steps in accordance with law. Who are you? You have some exaggerated notion of yourself. You say you have veto power. That you will give an undertaking (to ensure Kejriwal does not influence witness)," the court stated.  The court emphasised that the concept of equality and Rule of Law were enshrined in the Constitution and Kejriwal was in judicial custody pursuant to judicial orders which were not challenged.  "Writ petition is dismissed with costs of Rs 75,000," the court ordered.  Senior advocate Rahul Mehra, appearing of Kejriwal, said the PIL was "ambush" litigation which was not maintainable and the petitioner has no locus.  The petitioner's counsel sought "extraordinary interim bail" for the Delhi chief minister on the grounds that his safety was in danger as he was confined with hardcore criminals.  The PIL said that to fulfil the responsibilities of the chief minister, Kejriwal's physical presence was required in his office and home to take quick decisions on all issues and to pass orders in the welfare of the public at large.  The petitioner, a law student, mentioned his name as, "We, the people of India" in the plea claiming that he does not want any name, fame or money from this matter.  The petition also said the petitioner has "decided, by using his 'veto power', to release" on extraordinary interim bail Kejriwal in all the criminal cases lodged by the ED and CBI pending against him till the completion of his tenure and the trial.
—PTI

Delhi HC rejects PIL for extraordinary bail for CM Kejriwal linked to excise scam, fines petitioner ₹75k. Emphasizes equality and rule of law.

'Does he attend classes?': Delhi HC junks law student's PIL seeking grant of 'extraordinary interim bail' to Kejriwal

New Delhi [India]: The Rouse Avenue Court of Delhi on Friday sent Bharat Rashtra Samithi (BRS) leader K Kavitha to three days of CBI remand in connection with the excise policy case. The CBI had sought five days of custodial remand for her in the case. The Special Judge, Kaveri Baweja, after hearing both sides in detail, decided to send her to CBI remand till April 15.
The BRS leader and daughter of former Telangana chief minister K Chandrashekar Rao, was arrested by the CBI while she was in judicial custody in the ED case. The CBI remand application stated that "Kavitha Kalvakuntla was required to be arrested in the instant case to conduct her custodial interrogation for confronting her with the evidence and witnesses to unearth the larger conspiracy hatched among the accused/suspect persons regarding the formulation and implementation of the Excise Policy, as well as to establish the money trail of ill-gotten money generated and to establish the role of other accused/suspect persons, including public servants, as well as to unearth the facts which are in her exclusive knowledge."  One of the companies under Aurbindo Group in July 2021 made a total payment of Rs 14 crore through a bank account transaction, in which Rs 7 crore was paid on the first week of July 2021 and the rest Rs 7 crore was paid in mid-November 2021, said CBI to Court while seeking custodial remand of K Kavitha. It has been further revealed that in November-December 2021, Kavitha asked Sarath Chandra Reddy to pay Rs 25 crore at the rate of Rs 5 crore per zone as decided earlier for the five retail zones allotted to him, as she had claimed that she herself had paid Rs 100 crore as upfront money on our behalf to Aam Aadmi Party through the accused Vijay Nair for getting favourable provisions in the excise policy and also pursued the same through her associates Arun R Pillai and Abhishek Boinpally. However, when Sarath Chandra Reddy showed his reluctance to pay the demanded money, Kavitha threatened Sarath Chandra Reddy to harm his business in Telengana and in Delhi under the Excise Policy, stated the remand application. According to the Central Bureau Investigation, Sarath Chandra Reddy has also stated that when the Delhi Excise Policy was withdrawn on August 31, 2022, the accused, Arun R Pillai, an associate of Kavitha, told him not to pay the outstanding Indospirits for his retail zones.  "Subsequently, the investigation into the Delhi Excise Policy matter started and thereafter, Arun R Pillai did not contact him in this regard," the CBI stated. Appearing for Kavitha, Senior Advocate Vikram Chaudhari, along with Advocates Nitesh Rana, Mohit Rao and Deepak Nagar, opposed the remand application moved by CBI and submitted that the arrest has been made without any approval, permission or imprimatur of the Court, and the same can never qualify the test of law. "K Kavitha was lying in custody in the PMLA case. This Court is exercising distinct jurisdiction in the capacity of Special Judge (PMLA) vis-a-vis Special Judge (CBI). Both jurisdictions cannot overlap and the CBI cannot use them to violate the procedures established by law," the lawyers submitted. Defence lawyers further submitted that the applicant (K Kavitha) is a sitting MLC in Telangana and is a renowned as well as mass popular leader of a national political party. "The Lok Sabha Polls in the State of Telangana are scheduled to commence shortly and the entire exercise of arrest, especially the mode, manner and timing thereof, gives rise to the legitimate bona fide belief that the same is obliquely motivated at the behest of certain vested interests solely aimed at denying the level playing field in the realm of elections to a formidable opposition party. Rather, a more worrisome feature is that the investigations are neither free nor fair, impartial or unbiased, thereby rendering the rule of law a casualty," they submitted. The ED arrested Kavitha on March 15 this year in the case of the alleged liquor policy scam. The CBI inquiry was recommended based on the findings of the Delhi Chief Secretary's report filed in July, showing prima facie violations of the GNCTD Act 1991, Transaction of Business Rules (ToBR)-1993, Delhi Excise Act-2009, and Delhi Excise Rules-2010, officials said.  The ED and the CBI had alleged that irregularities were committed while modifying the excise policy, undue favours were extended to licence holders, the licence fee was waived or reduced and the L-1 licence was extended without the competent authority's approval. The beneficiaries diverted "illegal" gains to the accused officials and made false entries in their books of account to evade detection, the probe agencies said. As per allegations, the Excise Department had decided to refund the earnest money deposit of about Rs 30 crore to a successful tenderer against the set rules. Even though there was no enabling provision, a waiver on tendered licence fees was allowed from December 28, 2021, to January 27, 2022, due to COVID-19, the probe agency said and there was an alleged loss of Rs 144.36 crore to the exchequer.
—ANI

Delhi court sends BRS's K Kavitha to CBI custody for 3 days in excise policy case, uncovering alleged corruption and election-related motivations.

BRS leader K Kavitha sent to 3-day CBI custody in excise policy case

New Delhi: A Delhi court on Friday issued notice to the ED and the CBI on AAP leader Manish Sisodia's plea seeking interim bail in excise cases for campaigning in general elections.
Special Judge for the CBI and ED, Kaveri Baweja, directed the central probe agencies to file their replies by April 20, when the court is likely to take up the application for hearing.  The CBI as well as the ED have alleged that irregularities were committed while modifying the Delhi excise policy, undue favours were extended to licence holders, licence fee was waived or reduced and licences were extended without the competent authority's approval.
Also Read: <a href="https://www.thehawk.in/posts/delhi-excise-policy-case:-aap-leader-manish-sisodia-moves-delhi-court-seeking-bail-for-poll-campaigning" target="_self">https://www.thehawk.in/posts/delhi-excise-policy-case:-aap-leader-manish-sisodia-moves-delhi-court-seeking-bail-for-poll-campaigning</a>&nbsp;
The beneficiaries allegedly diverted 'illegal' gains to the accused officials and made false entries in their books of account to evade detection, the probe agencies have alleged.  Sisodia was arrested by the Central Bureau of Investigation (CBI) on February 26, 2023, for his alleged role in the 'scam'. The Enforcement Directorate (ED) arrested Sisodia in a money-laundering case stemming from the CBI FIR on March 9, 2023.  Sisodia resigned from the Delhi cabinet on February 28, 2023.
—PTI

Delhi court serves notice to ED & CBI on Manish Sisodia's bail plea in excise cases. Allegations include corruption in Delhi's excise policy.

Delhi excise 'scam': Court issues notice to ED, CBI on Manish Sisodia's plea for interim bail

New Delhi: In a relief to prominent Muslim cleric, Maulana Tauqeer Raza Khan, the Supreme Court has granted an interim stay on the execution of the non-bailable warrant issued against him in the 2010 Bareilly communal riots case.
On March 2, 2010, riots had broken out in the Uttar Pradesh town over a religious procession route. Many were injured and shops and vehicles burned and attacked.
"Issue notice limited to the impugned order having been passed without assigning any reason. In the meanwhile, there shall be stay of operation of the impugned order," a bench of Justices MM Sundresh and SVN Bhatti ordered after taking note of the submissions made by lawyer Asad Alvi, appearing for the cleric.  The top court was hearing an appeal filed by the cleric against the March 19 order of the Allahabad High Court.  The high court had refused to grant any "indulgence" for the time being to Tauqeer Raza Khan over the warrant.  "So far as a non-bailable warrant against the revisionist (the cleric) is concerned, I am not inclined to grant any indulgence to the revisionist at this stage."  "However, keeping in view the ensuing Holi vacations, the revisionist is directed to appear before the learned trial court on or before March 27, 2024 and apply for bail and his bail application shall be disposed of strictly in accordance with law. It need not be impressed that a non-bailable warrant shall not be executed against him by March 27, 2024 only with a view to give him an opportunity to appear before the court below," the single judge HC bench of Justice Ram Manohar Narayan Mishra had ordered.  The top court took note of the submissions of Alvi that the high court had passed the order without assigning reasons and granted the interim stay.  Initially, the state police had arrested Khan and others but did not file a chargesheet against him.  On March 5, the local trial court had issued summons to the cleric.  It had observed that those in positions of power should be "religious persons" and referred to Chief Minister Yogi Adityanath as an example.  The trial court had said if a religious person heads the state, he gets good results, as propounded by Greek philosopher Plato in his book the "Philosopher King".  "Those wielding power (satta ka pramukh) should be a religious person, because the life of a religious person is not of enjoyment but of sacrifice and dedication. For example, the Siddha Peeth Gorakhnath Temple's peethadheeshwar Mahant Baba Yogi Adityanath, who is presently Chief Minister of our Uttar Pradesh, has proved the above concept to be true," the trial court judge had said.  When Tauqeer Raza Khan did not appear before the trial court on the fixed date, a non-bailable warrant was issued against him.  The Allahabad High Court took note of Khan's appeal and ordered expunction of remarks including the reference to the CM in the trial court order.  "I have gone through the order under challenged whereby learned trial court while passing the impugned order mentioned certain unwarranted expressions containing political overtones and personal views."  "Besides this, he has also shared his personal experiences in the said order, which is not at all required while passing judicial order. It is not expected from the judicial officer to express or depict his personal or preconceived notions or inclinations in the matter. The judicial order is meant for public consumption and such type of order is likely to be misconstrued by the masses," it said.  The high court did not grant Khan the relief he had sought over the non-bailable warrant.  The Uttar Pradesh government had told the high court that Khan was "the mastermind of communal riots which took place on March 2, 2010 in district Bareilly and there is sufficient evidence against him showing his complicity in the offence".
—PTI

Supreme Court grants interim relief to Maulana Tauqeer Raza Khan in 2010 Bareilly riot case, questioning the judicial order's rationale and political undertones.

SC stays operation of NBW issued against cleric Tauqeer Raza Khan in 2010 Bareilly riots case

New Delhi: The Delhi High Court on Tuesday dismissed Chief Minister Arvind Kejriwal's plea challenging his arrest by the Enforcement Directorate in a money laundering case linked to the alleged excise scam.
"The court is of the view that the arrest of Arvind Kejriwal was not in contravention of legal provisions. The remand can't be held to be illegal," said Justice Swarana Kanta Sharma while delivering the verdict.
Also Read: <a href="https://www.thehawk.in/posts/kejriwal-to-move-supreme-court-against-delhi-hc-order-dismissing-his-plea-challenging-arrest" target="_self">https://www.thehawk.in/posts/kejriwal-to-move-supreme-court-against-delhi-hc-order-dismissing-his-plea-challenging-arrest</a>&nbsp;
Besides his arrest, Kejriwal, who is currently in judicial custody, also challenged his subsequent remand in ED custody in the case.  The matter pertains to alleged corruption and money laundering in formulating and executing the Delhi government's excise policy for 2021-22 that was later scrapped.  Kejriwal was arrested by the ED on March 21, hours after the high court refused to grant him protection from coercive action by the federal anti-money laundering agency.  He was sent to judicial custody in the case on April 1 after he was produced in the trial court on expiry of ED custody.
—PTI

Delhi HC rules against CM Arvind Kejriwal's challenge on his ED arrest in connection to a money laundering case tied to the excise scam, affirming the legality of the enforcement action.

Delhi excise policy case: Setback for Arvind Kejriwal as Delhi HC rejects plea challenging arrest by ED

New Delhi: The Delhi High Court is scheduled to deliver on Tuesday its verdict on a plea by Chief Minister Arvind Kejriwal, who is in judicial custody in a money laundering case linked with the alleged excise scam, challenging his arrest.
As per the cause list uploaded on the high court’s website, Justice Swarana Kanta Sharma will pronounce the order at 2:30 p.m. on Tuesday.  Besides his arrest, Kejriwal has also challenged his subsequent remand in the Enforcement Directorate's custody. He was later remanded in judicial custody and is currently lodged in Tihar jail.  The AAP national convener has questioned the "timing" of his arrest by the agency and said it was in contravention of the basic structure of the Constitution, including democracy, free and fair elections and level playing field.
The ED has opposed the plea and contended that Kejriwal cannot claim "immunity" from arrest on the ground of upcoming elections as law is applied equally to him and an "aam aadmi".  Kejriwal was arrested by the ED on March 21 after the high court refused to grant him protection from coercive action by the federal anti-money laundering agency.  He was sent to judicial custody in the case on April 1 after he was produced in the trial court on expiry of ED custody.  The matter pertains to the alleged corruption and money laundering in formulating and executing the Delhi government's excise policy for 2021-22 that was later scrapped.
—PTI

Delhi High Court verdict on Arvind Kejriwal's arrest plea in money laundering case. Kejriwal challenges timing of arrest amid excise scam allegations.

Excise 'scam': Delhi HC to pronounce verdict on Kejriwal’s plea challenging arrest on April 9

New Delhi: Supreme Court on Monday restored the bail granted to YouTuber 'Sattai' Durai Murugan who was accused of making a derogatory speech against Tamil Nadu Chief Minister MK Stalin in 2021. "If before elections we start putting behind bars everyone who makes allegations on YouTube, imagine how many will be jailed?" observed the Supreme Court on Monday.
A Bench of Justice Abhay S Oka and Justice Ujjal Bhuyan set aside the order cancelling Murugan bail and opined that he could not be said to have misused the liberty granted to him. When senior advocate Mukul Rohatgi, representing the State, requested that the apex court to impose condition on the Youtuber so that he does not make any scandalous remarks while on bail, the bench told Rohatgi, "Who shall decide whether a statement is scandalous or not." Observing that Murugan did not misuse his liberty by protesting and expressing his views, the apex court ordered, "He continues to be on bail for 2.5 years. All the same, we do not find grounds to cancel bail. We thus quash the High Court order cancelling bail, and restore the earlier order granting bail. Needless to say, cancellation of bail can be applied for if deemed fit."
The top court was hearing Murugan's plea challenging a Madras High Court order, which cancelled his bail observing that within a few days of giving an undertaking before the court (based on which he was granted relief), he indulged in further offence and made derogatory remarks against the Tamil Nadu Chief Minister. Murugan allegedly made derogatory remarks with an intention to breach public peace and tranquillity and on a complaint of DMK member, police registered a case against him. Murugan was arrested in October 2021. The Madras High Court had in November 2021 granted bail to Murugan, however, later a division bench of the High Court cancelled his bail. In 2022, the apex court had granted interim bail to Murugan.&nbsp;
—ANI

Supreme Court reinstates bail for YouTuber 'Sattai' Durai Murugan, accused of criticizing Tamil Nadu CM MK Stalin, emphasizing the importance of free speech.

SC grants bail to YouTuber, says "How many will be jailed before polls?"

New Delhi: The Delhi High Court on Monday transferred the petition moved by the former AAP minister seeking the removal of Arvind Kejriwal from CM Post. The single judge directed to list the petition before the bench of the acting chief justice. The High Court said a heavy cost should be imposed. The High Court asked how the writ of quo warranto lies in this matter. Is this a PIL?
Justice Subramonium Prasad said that similar matters are entertained and disposed of by the chief justice. "List the same before the bench of chief justice the day after tomorrow," Justice Prasad said. The bench said that heavy costs should be imposed. Kejriwal's counsel said a heavy cost should be imposed as this is the third petition seeking the removal of Kejriwal. An ex-minister in the Aam Aadmi Party government and former MLA has filed a petition in the Delhi High Court, seeking the removal of Arvind Kejriwal from holding the post of Chief Minister.
The petition claims a writ of quo-warranto against Arvind Kejriwal, alleging that he has incurred the incapacity to hold the office of Chief Minister of Delhi after his arrest by the Enforcement Directorate in Excise Policy. The petition is to be listed before the bench of the acting chief justice on April 10. Petitioner Sandeep Kumar, Former Minister for Women and Child Development, Social Welfare, SC/ST Govt. of NCT of Delhi in Aam Aadmi Party Government and former MLA from Sultanpur Mazra Vidhansabha Delhi, through his plea, stated that Arvind Kejriwal, while lodged in jail, has incurred an incapacity to carry out his constitutional obligations and functions under Articles 239AA (4), 167 (b) and (c) and proviso to sub-section (4) of Section 14 of the Disaster Management Act, 2005 and hence he can no longer function as the Chief Minister of Delhi. It further stated that the Chief Minister, while in jail, prevents the Lieutenant Governor from exercising his Constitutional obligations and functions under article 167 (c) of the Constitution, which is identical to section 45 (c) of the Delhi Act, 1991 and for this reason, he cannot continue in office. In 2019, he was disqualified by Delhi assembly speaker Ram Niwas Goel under the anti-defection law after he supported the Bahujan Samaj Party (BSP) in the Lok Sabha elections.
In 2016, AAP suspended its MLA and ex-minister Sandeep Kumar after a raging controversy over an 'objectionable CD' that showed him in a compromising position with a woman. Recently, the Delhi High Court refused to entertain two Public Interest Litigations (PIL) seeking directions to remove Kejriwal from the post of Chief Minister. During the arguments, the bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora, made oral observations stating that, at times, personal interests have to be subordinate to national interests. We do not administer the state. The petitioner can approach the Lieutenant Governor with the grievance raised in the petition, according to Delhi HC. Kejriwal was arrested on March 21 by the Enforcement Directorate in relation to the excise policy case and has spent 10 days in ED custody, after court direction. Kejriwal was arrested by the central agency on charges of corruption in the case. It is the first time in independent India that a serving Chief Minister has been arrested. The move came after Kejriwal skipped multiple summonses by the investigation agency, nine in total, calling them "illegal." The case pertains to alleged irregularities and money laundering in framing and implementing the Delhi Excise Policy 2022, which was later scrapped. While Kejriwal was not named in the FIRs registered by the ED or the Central Bureau of Investigation in the Delhi excise policy case, his name first found a mention in the ED's chargesheet, wherein the agency claimed that he allegedly spoke to one of the main accused, Sameer Mahendru, in a video call and asked him to continue working with co-accused and AAP communications-in-charge Vijay Nair. Nair was among the first people to be arrested by the CBI in the case, in 2022. Subsequently, former deputy chief minister Manish Sisodia and Rajya Sabha MP Sanjay Singh were arrested in connection with the case.
—ANI

Delhi High Court transfers petition seeking Arvind Kejriwal's removal as Chief Minister amid controversy over his arrest in the Excise Policy case.

Delhi excise policy case: Court transfers petition seeking removal of Kejriwal as Chief Minister

New Delhi: The Rouse Avenue court in the national captial on Monday dismissed the detailed interim bail application of Bharat Rashtra Samithi (BRS) MLC K Kavitha. She had sought interim bail on the grounds that her minor son had school examinations. She is in judicial custody after the ED remand in the excise policy case.
Special judge Kaveri Baweja had dismissed the interim bail application this morning. A detailed bail order has yet to be uploaded. The bail application of the BRS leader was opposed by the counsel for ED, who argued that Kavitha destroyed the evidence in her phone and that witnesses were forced to retract their statements. Kavitha had filed an application seeking interim bail given the examination of her school going son. Advocates Nitesh Rana and Deepak Nagar also appeared for her.
At the outset, it was argued that being a woman, the rigours of the twin condition under Section 45 of the Prevention of Money Laundering Act (PMLA) do not apply to K Kavitha. Senior advocate Abhishek Manu Singhvi had submitted that when a person falls under exceptions, the twin condition does not apply to that person. As per Section 45 of PMLA women fall under the category of exceptions for granting bail by the court, Singhvi said. Singhvi further submitted that there is no flight risk when the passport is submitted. Senior advocate Singhvi submitted that the woman who is accused in this case has a minor child whose exams are this month. "Her child is 16. It is the question of moral emotional support in this situation. There is an exam anxiety. PM gives a lecture on radio on how to cope with exam anxiety," Singhvi argued. "The perspective of the mother can not be substituted by the father or other family member. The father is the one who is managing the legal battle in Delhi and the child is in Telangana," the senior advocate argued.   The bail application was opposed by advocate Zoheb Hossain, the special counsel for ED. He submitted that the proviso related to bail under Section 45 of the PMLA should be exercised judiciously. Exceptions are not for women who are leading politicians in the state. He further submitted that Kavitha was a beneficiary in Indo Spirit and Arun Ramchandra Pillai was his proxy in the company. "I am not relying on the statement only. I have WhatsApp chat and other evidence," Hossain asserted. The court asked to show the material. The investigation officer showed some documents to the court. Hossain further argued that Kavitha was involved in the destruction of evidence and influencing witnesses. Special counsel Zoheb Hossain said that he had the case diary and FSL report, which shows how this was done. The special counsel said that she deleted evidence from her phone, deleted data and content on the date she was issued a summons and that no data was found in the App like FaceTime. The BRS leader had deleted evidence from her mobile, Hossain submitted. ED's Counsel submitted that on March 11, when Kavitha was confronted, she evaded the question. Hossain submitted that on March 11, she said she would produce the phone on the next date. Though she produced nine mobile phones, these phones were formatted. On being asked about this, she was evasive. The forensic report shows mobile phones were formatted after March 11.
On March 14 and 15, she deleted data from four mobile phones. This phone was tampered with by her. These phones were completely wiped out and it was revealed after an offer to provide a copy of the phones. The ED's counsel argued that it was not the first time that this had happened and that over 100 devices have either disappeared or wiped out. The ED's counsel argued Hossain submitted that this phone was formatted before being handed over and this, he said shows the destruction of evidence, ED's Counsel further submitted that Arun Ram Chandra Pillai was the proxy of K Kavitha in Indo Spirit. Hossain submitted that the ED was at the stage of making a breakthrough and any interim relief to the BRS leader would derail the probe as she is very influential and could influence the people. Hossain said that witnesses have been called upon and forced to retract their statements. And there are some statements which have been retracted. Her CA has also retracted the statement, the advocate said. The ED counsel referred to the November 11, 2022. statement of Arun Pillai who was arrested on December 6, 2022.
—ANI

Court denies BRS MLC K Kavitha's interim bail in excise policy case amid serious allegations of evidence tampering and witness influence.

Delhi excise policy case: Court denies interim bail to BRS leader Kavitha

New Delhi: The Rouse Avenue Court on Friday reserved the order in an application moved by Delhi Chief Minister Arvind Kejriwal seeking direction to increase the number of legal meetings with his lawyers from two to five times in a week. Through plea, he stated that as he is facing multiple FIRs in various states, a lot of legal work takes place and hence the number of meeting shall be increased.
The Special Judge Kaveri Baweja noted the submissions fixed the matter for passing of order on April 9, 2024. Special Counsel Zoheb Hossain appeared for respondents; authorities opposed the application, stating that the applicant is seeking five times legal meetings in a week, which is clearly against the Jail Manual. According to the manual, only one legal meeting is allowed in a week and in special circumstances, two meeting may be allowed. This applicant is already getting two legal meeting. If someone chooses to run the government from jail, you can't be treated exceptionally, said lawyers.  On April 1, 2024, the court sent the Delhi Chief Minister to judicial custody till April 15 in the excise policy money laundering case. The Court on April 1, had directed Tihar Jail authorities to allow Kejriwal to carry prescribed medicine, books, one table and chair, a religious locket and a special diet as prescribed by the doctors, as per the jail manual. Kejriwal was arrested on March 21 by the Enforcement Directorate in relation to the excise policy case and has spent 10 days in ED custody, after court direction. Kejriwal was arrested by the central agency on charges of corruption in relation to the case. It is the first time in independent India that a serving Chief Minister has been arrested. The move came after Kejriwal skipped multiple summons by the investigation agency, nine in total, calling them "illegal." The case pertains to alleged irregularities and money laundering in framing and implementing the Delhi excise policy 2022, which was later scrapped. While Kejriwal was not named in the FIRs registered by the ED or the Central Bureau of Investigation in the Delhi excise policy case, his name first found a mention in the ED's chargesheet, wherein the agency claimed that he allegedly spoke to one of the main accused, Sameer Mahendru, in a video call and asked him to continue working with co-accused and AAP communications-in-charge Vijay Nair.
Nair was among the first people to be arrested by the CBI in the case, in 2022. Subsequently, former deputy chief minister Manish Sisodia and Rajya Sabha MP Sanjay Singh were arrested in connection with the case.
—ANI

Court deliberates on Kejriwal's plea for more legal consultations in light of multiple FIRs. Special counsel opposes, citing Jail Manual.

Delhi court reserves order on Kejriwal's plea, which seeks increase in number of legal meeting during judicial custody; ED opposes

New Delhi: The Supreme Court on Thursday asked the Ajit Pawar faction of the Nationalist Congress Party (NCP) to ensure that more prominent disclaimers are published in its election advertisements notifying that the allocation of the 'clock' symbol to it is sub-judice. A bench of Justices Surya Kant and KV Viswanathan also cautioned the Sharad Pawar NCP faction to not use the NCP 'clock' symbol anywhere and to use the 'man blowing turha' symbol (allocated to it) for the upcoming polls.
It said the Sharad Pawar faction, its party office bearers, workers and supporters shall only use the name 'Nationalist Congress Party-Sharad Chandra Pawar' for upcoming elections and the "man blowing turha" symbol. "In other words, the applicant-petitioner (Sharad Pawar) or supporters shall not use the symbol clock," said the bench while saying that its March 19 order shall be abide by both the factions. "It is suffice to clarify and reiterate that the petitioner (Sharad Pawar) and party office bearers and workers supporters shall abide by directions in para 3 in terms thereof. The respondents (Ajit Pawar faction), the office bearers of the political party, and the workers are obligated to meticulously follow directions contained in the order," the bench recorded in its order.  Senior advocate Mukul Rohatgi appearing for Ajit Pawar group assured the Supreme Court that office-bearers, candidates, and supporters shall be sensitised to ensure that there is no defiance of the court's order and to issue public notices with more prominent space in the newspapers. During the hearing today, senior advocate Abhishek Manu Singhvi appearing for the Sharad Pawar group presented certain advertisements and posters published by the Ajit Pawar group, in print, electronic and social media, and claimed that none of them carried the disclaimer that the use 'clock' symbol was sub-judice. Rohatgi representing the Ajit Pawar group alleged that the Sharad Pawar group was still using the 'clock' symbol. The apex court on March 19 directed the Ajit Pawar faction to issue a public notice in English, Hindi, Marathi media and mention in all its campaign ads that the 'clock' symbol allotted to it is subject to the outcome of the case pending before it on challenge to the ECI order of recognising Ajit Pawar's group as 'real NCP'. It had also directed that the undertaking made by the Ajit Pawar faction to not use the name and pictures of Sharad Pawar in election posters will apply not just to the State of Maharashtra but also to other States. The top court had also asked the Sharad Pawar faction to use the 'Nationalist Congress Party-Sharad Chandra Pawar's name for upcoming elections and the "man blowing turha" symbol. Earlier, the apex court had directed that the Election Commission's order of February 7 allotting 'Nationalist Congress Party-Sharad Chandra Pawar' as the party name for the Sharad Pawar faction will continue till further orders.
—ANI

Supreme Court directs NCP's Ajit Pawar faction to publish disclaimers in ads about 'clock' symbol's status, while Sharad Pawar's group must use 'man blowing turha' symbol for elections.

NCP vs NCP: SC asks Sharad Pawar, Ajit Pawar groups to abide by its order

New Delhi: In relief to Lok Sabha MP Navneet Rana, the Supreme Court on Thursday allowed her plea and set aside Bombay High Court order that had cancelled her caste certificate that she used to contest the 2019 Lok Sabha polls in a reserved category seat. A bench of Justices JK Maheshwari and Sanjay Karol allowed Navneet Rana's plea challenging the Bombay High Court verdict cancelling her caste certificate.
Upholding the Navneet Rana caste certificate, the top court observed that the scrutiny committee duly considered the documents before it and passed its decision. "In light of the discussion, the instant appeals stand allowed and the HC order is set aside," the top court said. The Bombay High Court had cancelled the caste certificate issued to Navneet Kaur Rana, the Member of Parliament from Maharashtra's Amaravati, stating that it was obtained fraudulently using fabricated documents. Rana was fined Rs 2 lakh by the top court.  Reacting to the same, Navneet Rana said, "Those who raised questions about my birth got an answer today. I thank the Supreme Court. The truth always wins. This is a victory for those who walk on the path shown by Baba Saheb Ambedkar and Chhatrapati Shivaji Maharaj."
Earlier, Navneet Rana filed her nomination papers for the Amravati Lok Sabha seat and expressed optimism that people of the constituency. "I have been working for the people of my region for many years. This is a big day for me and my constituency. This is the first time that voters in Amravati are getting a chance to vote for the nation-building, development and benefit of the nation," she said. "The people of my constituency are happier than me. They are happy that for the first time, the lotus symbol will appear on the ballot box. The people will directly support and vote for Prime Minister Narendra Modi," she further said.  Elected as an independent MP from Amravati in the 2019 Lok Sabha elections, Navneet Rana was inducted into the BJP in the presence of BJP state president Chandrashekhar Bawankule in Nagpur last week. Speaking about her first Lok Sabha win from Amravati, Rana said, "In 2019, when I contested the elections as an independent, the people of Amaravati supported me despite the huge political wave and at a time when I did not do any work in my constituency, I think they had the confidence that their voice would be heard at the Parliament." With 48 Lok Sabha seats, Maharashtra sends the second-highest number of legislators to the Lower House after Uttar Pradesh. Elections in the 48 parliamentary constituencies of Maharashtra will be held in five phases--April 19, April 26, May 7, May 13, and May 20.In the 2019 elections, the BJP won 23 out of the 25 seats it contested, while the undivided Shiv Sena secured 18 of the 23 seats it fought for. In 2014, the BJP won 23 seats and Shiv Sena 18. The undivided Nationalist Congress Party (NCP) won 4 seats, while the Congress had to settle for just 2 seats.
—ANI

Supreme Court clears MP Navneet Rana by setting aside the Bombay HC's order on her caste certificate, marking a significant victory in her political journey.

Caste certificate: SC allows MP Navneet Rana's plea, sets aside Bombay HC order

New Delhi: A Delhi court on Wednesday directed AAP leader Sanjay Singh not to tamper with evidence or influence witnesses in the Excise 'scam' case.
Special Judge Kaveri Baweja passed the directions before passing an order to release Singh from Tihar central jail following bail granted to him by the Supreme Court on Tuesday.
Also Read: <a href="https://www.thehawk.in/posts/aap-leaders-to-go-on-fast-against-delhi-cm-kejriwal's-arrest" target="_self">https://www.thehawk.in/posts/aap-leaders-to-go-on-fast-against-delhi-cm-kejriwal's-arrest</a>&nbsp;
The judge also directed Singh to submit passport, inform it about itinerary before leaving NCR, and to always keep his phone location on.  During the brief hearing, Singh's counsel informed the court that the politician's wife would be surety for the accused in the matter.  "I (Singh) am the Member of Parliament. There is no flight risk," the counsel told the court.  The judge directed the accused to submit a personal bond of Rs 2 lakh and one surety of same amount.
—PTI

Delhi court grants conditional release to AAP leader Sanjay Singh from Tihar Jail in the excise scam case, following Supreme Court's bail approval.

Do not tamper with evidence, always keep phone location on: Delhi court to AAP MP Sanjay Singh

New Delhi: Delhi Chief Minister Arvind Kejriwal has been sent to judicial custody till April 15 after he was produced before Special Judge Kaveri Baweja at Rouse Avenue Court on Monday. Kejriwal was produced before the court at the end of his remand period in the Delhi Excise policy money laundering case.
While entering the court complex the Delhi CM crticised PM Modi claiming he was not doing the right thing. "Pradhan Mantri jo kar rahe hain woh desh ke liye achha nahi hai, (What the PM is doing is not right for the country)," Kejriwal said speaking to reporters while he was being produced in court.
The Enforcement Directorate (ED) brought the Chief Minister to the court amid high security. The ED moved an application in the court seeking direction to send Arvind Kejriwal to judicial custody and stated that further custodial interrogation, at the moment is not required. Additional Solicitor General SV Raju was appearing for the ED.
Also Read: <a href="https://www.thehawk.in/posts/sunita-kejriwal-reaches-rouse-avenue-court-ahead-of-delhi-cm's-production-in-court" target="_self">https://www.thehawk.in/posts/sunita-kejriwal-reaches-rouse-avenue-court-ahead-of-delhi-cm's-production-in-court</a>  Kejriwal through his lawyers moved an application seeking permission to carry some prescribed medicine during Judicial custody in Tihar.
Kejriwal also moved an application seeking permission to carry several books including Bagwad Geeta, Ramayana and a book namely 'How Prime Ministers decide' authored by Neerja Chaudhary. Earlier in the day, Arvind Kejriwal's wife Sunita Kejriwal reached the Rouse Avenue court before her husband was produced before the court. Delhi Ministers Saurabh Bharadwaj and Atishi were also present at the court on Monday. Arvind Kejriwal was arrested by the Enforcement Directorate (ED) for his alleged involvement in a money laundering case related to Delhi Excise Policy. Earlier on Thursday, the Rouse Avenue Court extended the custodial remand of Delhi Chief Minister Arvind Kejriwal by four more days in the case. On Sunday, Kejriwal's wife while addressing the INDIA bloc rally had made an emotional pitch to party supporters and people. Reading a message from her husband, Sunita said, "Your very own Kejriwal has sent a message for you from custody. However, before reading out this message, I would like to ask you something. Our Prime Minister Narendra Modi put my husband in custody. Do you all believe that he did the right thing? Do you believe that Kejriwal-ji is a true patriot and honest person? These BJP people are saying that since Kejriwal is in custody, he should resign. Do you all believe he should resign?"
—ANI

Delhi Chief Minister Arvind Kejriwal held in judicial custody till April 15 in a money laundering case, criticizes PM Modi's governance. 

Kejriwal sent to judicial custody till April 15, claims PM Modi not doing the right thing

New Delhi: Delhi Chief Minister Arvind Kejriwal's wife Sunita Kejriwal reached the Rouse Avenue court on Monday as her husband is slated to be produced before the court at the end of his custody. Arvind Kejriwal was arrested by the Enforcement Directorate (ED) for his alleged involvement in a money laundering case related to Delhi Excise Policy.
Meanwhile, security was heightened outside the Rouse Avenue court on Pandit Deen Dayal Upadhyaya Marg ahead of Kejriwal's hearing. Senior Delhi Minister Atishi is also at the court complex.
Earlier on Thursday, the Rouse Avenue Court extended the custodial remand of Delhi Chief Minister Arvind Kejriwal by four more days in the case. ED, while seeking further remand, submitted that data on one mobile phone (belonging to the arrestee's wife) has been extracted and is being analyzed. However, data from the other 4 digital devices seized during a search at Arvind Kejriwal's premises on March 21, 2024 (belonging to the arrestee himself) is yet to be extracted as the arrestee has sought time to provide password/login credentials after consulting with his lawyers. Special Judge Kaveri Baweja extended the ED remand period until April 1, 2024.
During the hearing, Arvind Kejriwal himself addressed the court and said there were only four statements, including C Arvind, where he claimed that "he gave some documentation to Manish Sisodia in my presence". "Several bureaucrats and MLAs came regularly to my home. Are these four statements made by different people sufficient to arrest a sitting Chief Minister?" Kejriwal said. Kejriwal also referred to the statements of C Arvind, Raghav Magunta and his father, and Sharath Reddy. Kejriwal made a statement about the issue of electoral bonds, stating that the BJP is getting money. Kejriwals pointed out that people are being turned approvers in the case and people are being forced to change their statements. "The real liquor scam begins post the ED investigation. The motive of the ED is to crush the Aam Aadmi Party," said Arvind Kejriwal.
—ANI

Delhi's political landscape is in turmoil as CM Arvind Kejriwal's ED custody extends amid excise policy scandal. Key developments unfold in Rouse Avenue Court.

Sunita Kejriwal reaches Rouse Avenue Court ahead of Delhi CM's production in court

New Delhi: The Supreme Court is scheduled to hear on April 1 a Gyanvapi mosque management committee's plea against an Allahabad High Court decision upholding a lower court's order allowing Hindu prayers in the southern cellar of the mosque.
A bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra will hear the plea of Anjuman Intezamia Masajid Committee, which manages the affairs of the Gyanvapi mosque in Varanasi, challenging the HC's February 26 decision.  The high court had dismissed the committee's plea in which it had challenged the district court's January 31 order allowing Hindus to offer prayers in the cellar.  While dismissing the plea of the mosque committee on February 26, the high court had observed that the Uttar Pradesh government's 1993 decision of stopping worship rituals inside the 'Vyas Tehkhana' -- located at the southern cellar of the Gyanvapi -- was 'illegal'.  It had said that the worship rituals were stopped by 'illegal action of the state without there being any order in writing' and rejected two appeals filed by the mosque management committee challenging the Varanasi district judge's January 17 order -- that appointed the district magistrate as the receiver of the 'Vyas Tehkhana' -- and the January 31 order by which the judge allowed 'puja' to be performed there.
The high court ordered that worship will continue in the 'Vyas Tehkhana' of the mosque, which stands adjacent to the Kashi Vishwanath temple.  A survey conducted by the Archaeological Survey of India (ASI) on the court's order had suggested that the Gyanvapi mosque was constructed during Mughal emperor Aurangzeb's rule over the remains of a Hindu temple.  The district court had ruled on January 31 that a Hindu priest can perform prayers before the idols in the southern cellar of the mosque.  The prayers are now being conducted by a Hindu priest nominated by the Kashi Vishwanath temple trust and petitioner Shailendra Kumar Pathak, who claimed that his maternal grandfather Somnath Vyas, also a priest, offered prayers in the cellar till December 1993.  He had said puja was stopped during the tenure of then Uttar Pradesh chief minister Mulayam Singh Yadav after the Babri masjid in Ayodhya was demolished on December 6, 1992.  During the hearing before the trial court, the Muslim side had contested the petitioner's version. It had said no idols existed in the cellar and hence, there was no question of prayers being offered there till 1993.  The Muslim side had also countered the petitioner's claim that the basement was under his grandfather's control.  The petitioner had claimed that his family had the control of the cellar even during the British rule.
—PTI

Supreme Court hears Gyanvapi mosque's plea against Hindu prayers in cellar, marking a significant chapter in India's ongoing temple-mosque disputes.

SC to hear on Apr 1 Gyanvapi committee's plea against allowing puja in cellar

New Delhi: A special CBI court in Lucknow on Friday convicted seven people in the killing of former BSP MLA Raju Pal in 2005, a case in which murdered gangster-turned-politician Atiq Ahmad was also an accused, officials said.
The proceedings against Atiq Ahmad, his brother and prime accused Khalid Azim alias Ashraf, and Gulbul alias Rafiq were abated after their death, they said.
Raju Pal, a Bahujan Samaj Party (BSP) leader from Allahabad in Uttar Pradesh, was gunned down on January 25, 2005, as a result of political rivalry with Atiq Ahmad's brother Ashraf, whom he had defeated in the 2004 bypoll to the Prayagraj West seat.  The BSP leader had lost the election to the seat to Atiq Ahmad in 2002 but when the latter vacated it after being elected to the Lok Sabha, Pal defeated Ashraf in the bypoll.  The Central Bureau of Investigation (CBI) had taken over the probe into the case in 2016.  The Special Judge CBI, Lucknow, held Ranjeet Pal, Abid, Farhan Ahmad, Israr Ahmad, Javed, Gulhasan, and Abdul Kavi guilty in the case for criminal conspiracy and murder among other serious charges.  Accused Farhan Ahmad was additionally held guilty under the Indian Arms Act.  Atiq Ahmad and his brother Ashraf were killed in a sensational on-camera shooting on April 15 last year when assailants opened fire at them near a medical college in Prayagraj while in police custody.  The shooting was caught on camera as mediapersons were following the duo being escorted to the hospital by the police for a medical checkup.  At least two people were seen firing from close range at Atiq Ahmad and Ashraf who fell to the ground, while police personnel overpowered the attackers.
—PTI

CBI court convicts seven in the 2005 killing of BSP MLA Raju Pal, a case linked to gangster-politician Atiq Ahmad.

CBI court convicts all 7 accused in BSP MLA Raju Pal murder case

New Delhi: The Delhi High Court on Thursday dismissed a PIL seeking the removal of AAP leader Arvind Kejriwal from the post of chief minister following his arrest in the excise policy-linked money laundering case.
A bench headed by Acting Chief Justice Manmohan refused to comment on the merits of the issue, saying the same fell outside the scope of judicial interference.  "It is for the other wings of the government to examine in accordance with the law," the bench, also comprising Justice Manmeet PS Arora, said.  During the hearing, the court asked petitioner Surjit Singh Yadav's counsel to show the legal bar on the continuation of Kejriwal as the chief minister.
"There may be practical difficulties but that is something else. Where is the legal bar?" the court asked.  The Aam Aadmi Party (AAP) national convener, who was arrested on March 21 and subsequently remanded to the Enforcement Directorate's (ED) custody till March 28 by a Delhi court, faces allegations of direct involvement in a conspiracy related to the formulation of the excise policy favouring specific individuals.
—PTI

Delhi High Court declines PIL for Kejriwal's removal post-arrest in excise-linked laundering case, leaving the matter to government discretion.

'No scope of judicial interference': Delhi HC dismisses PIL to remove Arvind Kejriwal from CM post after arrest

New Delhi [India]: The Delhi High Court will hear a public interest litigation (PIL) praying for the removal of Delhi Chief Minister Arvind Kejriwal from holding the post of chief minister of the government of NCT of Delhi on Thursday. The bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora is scheduled to hear the matter on Thursday.
Recently, a plea stated that Arvind Kejriwal, the Chief Minister of the Government of NCT of Delhi, was arrested by the Enforcement Directorate on March 21, in the money laundering case related to the alleged liquor policy scam. Prior to the arrest of Arvind Kejriwal by the Enforcement Directorate, the High Court of Delhi had also refused to pass orders granting interim protection from coercive action to him in the said case.
The plea stated that after the arrest of Arvind Kejriwal, Minister of Govt of NCT of Delhi Atishi gave interviews to various channels on March 21, stating and affirming that Arvind Kejriwal will not resign from his post and, if needed, will run the government from jail. She further said, "Arvind Kejriwal was the Delhi CM, is the CM and will continue to remain the CM, he will not resign, the plea read. The plea filed by one Surjit Singh Yadav through lawyer Shashi Ranjan Kumar Singh stated that the continuance of Arvind Kejriwal as the chief minister of the Government of NCT of Delhi after his arrest by the Enforcement Directorate in the money laundering case related to the alleged liquor policy scam has degraded the credibility and image of the Government of NCT of Delhi in the eyes of the general public.
The continuation of Kejriwal as the Chief Minister of Government of the NCT of Delhi will not only lead to the obstruction of due process of law and disrupt the course of justice but will also lead to the breakdown or the constitutional machinery in the state, the plea stated. The ED arrested Kejriwal on March 21 in connection with the Delhi Excise Policy case linked to a money laundering case and remanded the next day to the ED till March 28. The case pertains to alleged irregularities and money laundering in framing and implementing the Delhi excise policy case 2022, which was later scrapped.
—ANI

Delhi High Court set to deliberate on PIL for Arvind Kejriwal's removal over money laundering charges in the excise policy case, questioning the integrity of Delhi's leadership.

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