End gender bias, divorced parents should get shared custody of minor children: law panel

New Delhi, Jan 18: Asha Devi, the mother of the 2012 Delhi gang-rape victim, on Saturday slammed senior lawyer Indira Jaising for her suggestion that she should forgive her daughter's rapists.

"Who is Indira Jaising to give me such a suggestion? The whole country wants the convicts to be executed. Just because of people like her, justice is not done with rape victims," Asha Devi said here.

"Cannot believe how Indira Jaising even dared to suggest this. I met her many times over the years in Supreme Court, not even once has she asked for my well being and today she is speaking for the convicts. Such people earn their livelihoods by supporting rapists, hence rape incidents do not stop," she added.

Asha Devi further accused Jaising of using "the garb of human rights" to make a living.

'People like her keep earning money under the garb of human rights. I do not need her suggestions... Just because of people who think like her incidents like rape keep happening, she is a disgrace to women," she said.

Earlier yesterday, Indira Jaising, through a tweet, had urged Asha Devi to forgive the perpetrators and had used the example of Congress interim president Sonia Gandhi, who had forgiven Nalini, one of the convicts who was given the death penalty by the courts.

"While I fully identify with the pain of Asha Devi I urge her to follow the example of Sonia Gandhi who forgave Nalini and said she did not want the death penalty for her. We are with you but against the death penalty," Jaising's tweet read.

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.

Thiruvananthapuram, Mar 7: Kerala Chief Minister Pinarayi Vijayan on Saturday came down heavily on the BJP-led government at the Centre for imposing a ban on two Malayalam channels in connection with the Delhi violence reporting, saying an "undeclared emergency" was prevailing in the country.

Terming the ban as a "dangerous trend", the left leader said it was an indication of the coming dangers. "The Centre has made an infringement into the freedom of the press, crossing all limits. There is a threat that if anybody criticises RSS and Sangh Parivar, they will be taught a lesson," he said here in a statement.

The channels- Asianet News and MediaOne were suspended for 48 hours over their coverage of last month's riots in Delhi, with the official orders saying they covered events on February 25 in a manner that "highlighted the attack on places of worship and siding towards a particular community".

However, the ban was lifted on Saturday morning. Urging everyone to adopt a "democratic vigil" against such trends, the Chief Minister said the tactics of the Centre was to bring everyone under its control by instilling fear.

It was seen that such an approach had repeatedly been made on Parliament, constitutional bodies and judiciary in recent times, he said. Claiming that one of the reasons for the ban was criticism of RSS and the Delhi police by the channels, he said no one is beyond that. "How can it be illegal to criticise RSS? The Constitution guarantees the right of any citizen to express his opinion fearlessly," he said.

People have the right to know what is happening in the country and the media has the right and responsibility to report it, Vijayan said adding that the fourth estate should be allowed to act "freely and equitably". The ban on Asianet News was lifted at 1.30 am, while the ban on Media One was lifted at 9.30 am on Saturday, a source at the Ministry of Information and Broadcasting told PTI.

Sources said the two channels had written to the ministry seeking revocation of the bans, following which it was lifted. "Channel's reporting on Delhi violence seems to be biased as it is deliberately focusing on the vandalism of CAA supporters," the ministry order on Media One had said.

"It also questions RSS and alleges Delhi Police inaction. Channel seems to be critical towards Delhi Police and RSS." The ministry had ordered prohibition of transmission or re-transmission of Media One and Asianet News for 48 hours on any platform throughout India with effect from 7.30 pm on Friday to 7.30 pm on Sunday. The Congress and the CPI had flayed the government over the suspension of Media One and Asianet News, calling the clampdown as "stifling of media freedom".

Former chief minister Oommen Chandy said the ban on the two malayalam channels was an "affront" on the democratic rights of the media. The fourth estate is the pillar of democracy and attempts to suppress the media by the government is "extremely worrying", he said in a facebook post.

"I join all democratic minded citizens in strongly condemning such attempts to muzzle the media by the government," he said. Meanwhile, Press Club, Kerala Union of Working Jouranlists (KUWJ) and Kerala Newspaper Employees Federation (KNEF) took out a march to the General Post Office here against the Centre's action on the two channels.

Media personnel holding placards and raising slogans participated in the march against the centre's decision. Similar protests were held in various parts of the state.