Filing review petition will harm Hindu-Muslim unity, claims Rizvi

Lucknow, Jul 2: Senior BJP leader Uma Bharti Thursday appeared in person before a special court here conducting trial in the 1992 Babri mosque demolition case.      

The special CBI court is currently recording the statements of 32 accused under CrPC section 313 (court's power to examine the accused), a stage in the trial that follows the examination of prosecution witnesses.

The 61-year-old saffron clad BJP leader is the 19th accused to depose before the court in the over 27-year-old case. Thirteen other alleged accused, including former deputy prime minister LK Advani and senior BJP leaders MM Joshi and Kalyan Singh are yet to be examined at this stage. Their lawyers have indicated to the CBI court that they prefer to appear through video conferencing. 

The mosque in Ayodhya was demolished in December 1992 by 'kar sevaks' who claimed that an ancient Ram temple had stood on the same site. The CBI court is conducting day-to-day hearings to complete the trial by August 31, as directed by the Supreme Court.

Srinagar, Mar 7: Two more accused, including a man who allegedly bought chemicals online for making improvised explosive device (IED) to be used in an attack on a convoy of the Central Reserve Police Force (CRPF) in Jammu and Kashmir's Pulwama last year, were arrested by the National Investigation Agency (NIA) on Friday, an official said.

The terror attack left 40 CRPF personnel dead in south Kashmir's Pulwama last year.

Waiz-ul-Islam, 19, from Srinagar and Mohammad Abbass Rather, 32, from Pulwama were arrested by the NIA, taking the number of those arrested in the case in the past week to five.

"During initial interrogation, Islam disclosed that he used his Amazon online shopping account to procure chemicals for making IEDs, batteries and other accessories on the directions of Pakistani Jaish-e-Mohammed (JeM) terrorists," the official said.

He said Islam personally delivered the items to the JeM terrorists after buying them online as a part of the conspiracy to carry out the attack.

"Rather is an old overground worker of the JeM. He has disclosed that he gave shelter at his home to Jaish terrorist and IED expert Mohd Umar after he came to Kashmir in April-May 2018," the official said.

Rather also sheltered other JeM terrorists - suicide bomber Adil Ahmad Dar, Sameer Ahmed Dar and Kamran, a Pakistani -- at his house before the Pulwama attack, the official said.

"He also facilitated safe shelter for the JeM terrorists, including Adil, at the house of accused Tariq Ahmed Shah and his daughter Insha Jan of Hakripora, who were arrested on March 3," the official said.

He said Islam and Rather will be produced before the NIA special court in Jammu on Saturday, while further investigation in the case continues. The NIA took over the case to probe the conspiracy behind the February 14, 2019, attack in Pulwama.

The last video of Adil, which was released by the JeM from Pakistan after the terror attack, was filmed at the home of Tariq Ahmed Shah. On February 28, the NIA achieved a major breakthrough in the case when it arrested 22-year-old Shakir Bashir Magrey, a furniture shop owner and resident of Pulwama.

Magrey had given shelter and other logistical assistance to suicide bomber Adil. He was introduced to Adil in mid-2018 by Pakistani terrorist Mohammad Umar Farooq and he became a full-time OGW of the JeM.

The explosives used in the attack were determined through forensic probe to be ammonium nitrate, nitro-glycerin and RDX. During investigation into the attack, the identity of the suicide bomber to be Adil Ahmad Dar was confirmed through DNA matching with that of his father.

The other key terrorists involved in the attack have been found to be JeM's south Kashmir divisional head Muddasir Ahmad Khan, killed in an operation by the security forces on March 11 last year; Pakistani terrorists Muhammad Umar Farooq and IED expert Kamran, both killed on March 29 last year; the owner of the car Sajjad Ahmad Bhat, a resident of Anantnag who was killed on June 16 last year, and Qari Yassir, JeM's commander for Kashmir who was killed on January 25 this year.

London, Feb 14: Liquor tycoon Vijay Mallya once again asked the Indian banks to take back 100 per cent of the principal amount owed to them at the end of his three-day British High Court appeal on Thursday against an extradition order to India.

The 64-year-old former Kingfisher Airlines boss, wanted in India on charges of fraud and money laundering amounting to an alleged Rs 9,000 crores in unpaid bank loans, said the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) are fighting over the same assets and not treating him reasonably in the process.

“I request the banks with folded hands, take 100 per cent of your principal back, immediately,” he said outside the Royal Courts of Justice in London.

“The Enforcement Directorate attached the assets on the complaint by the banks that I was not paying them. I have not committed any offenses under the PMLA (Prevention of Money Laundering Act) that the Enforcement Directorate should suo moto attach my assets," he said.

"I am saying, please banks take your money. The ED is saying no, we have a claim over these assets. So, the ED on the one side and the banks on the other are fighting over the same assets,” he added.

Asked about heading back to India, he noted: “I should be where my family is, where my interests are.

"If the CBI and the ED are going to be reasonable, it’s a different story. What all they are doing to me for the last four years is totally unreasonable.”

Lord Justice Stephen Irwin and Justice Elisabeth Laing, the two-member bench presiding over the appeal, concluded hearing the arguments in the case and said they will be handing down their verdict at a later date after considering the oral as well as written submissions in the “very dense” case over the next few weeks.

On a day of heated arguments between Mallya’s barrister, Clare Montgomery, and Crown Prosecution Service (CPS) counsel Mark Summers, arguing on behalf of the Indian government, both sides clashed over the prima facie case of fraud and deception against Mallya.

“We submit that he lied to get the loans, then did something with the money he wasn’t supposed to and then refused to give back the money. All this could be perceived by a jury as patently dishonest conduct,” said Summers.

“What they [Kingfisher Airlines] were saying [to the banks] about profitability going forward was knowingly wrong,” he said, as he took the High Court through evidence to counter Mallya’s lawyers’ claims that Westminster Magistrates Court Judge Emma Arbuthnot had fallen into error when she found a case to answer in the Indian courts against Mallya.

Mallya, who remains on bail on an extradition warrant, is not required to attend the hearings but has been in court to observe the proceedings since the three-day appeal opened on Tuesday. A key defence to disprove a prima facie case of fraud and misrepresentation on his part has revolved around the fact that Kingfisher Airlines was the victim of economic misfortune alongside other Indian airlines.

However, the CPS has argued that “there is enough in the 32,000 pages of overall evidence to fulfil the [extradition] treaty obligations that there is a case to answer”. “There is not just a prima facie case but overwhelming evidence of dishonesty… and given the volume and depth of evidence the District Judge [Arbuthnot] had before her, the judgment is comprehensive and detailed with the odd error but nothing that impacts the prima facie case,” said Summers.

At the start of the appeal, Mallya’s counsel claimed Arbuthnot did not look at all of the evidence because if she had, she would not have fallen into the multiple errors that permeate her judgment. The High Court must establish if the magistrates’ court had in fact fallen short on a point of law in its verdict in favour of extradition.

Representatives from the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI), as well as the Indian High Commission in London, have been present in court to take notes during the course of the appeal hearing.

Mallya had received permission to appeal against his extradition order signed off by former UK home secretary Sajid Javid last February only on one ground, which challenges the Indian government's prima facie case against him of fraudulent intentions in acquiring bank loans.

At the end of a year-long extradition trial at Westminster Magistrates’ Court in London in December 2018, Judge Arbuthnot had found “clear evidence of dispersal and misapplication of the loan funds” and accepted a prima facie case of fraud and a conspiracy to launder money against Mallya, as presented by the CPS on behalf of the Indian government.

Mallya remains on bail since his arrest on an extradition warrant in April 2017 involving a bond worth 650,000 pounds and other restrictions on his travel while he contests that ruling.