Fake degree: Delhi court rejects plea to summon Smriti Irani

October 18, 2016

New Delhi, Oct 18: In a relief to Smriti Irani, a Delhi court today dismissed a complaint against her for allegedly giving false information on her educational qualification to the Election Commission, saying it was filed to "needlessly harass" her as she was a union minister.irani

Metropolitan Magistrate Harvinder Singh said there was a "great delay of around 11 years" in filing the complaint as it rejected the plea to summon her as an accused.

"Therefore, prayer for summoning the proposed accused (Irani) is hearby declined," the court said while pronouncing the order.

In his complaint, freelance writer Ahmer Khan had alleged that Irani, now Textiles Minister, had deliberately given discrepant information about her educational qualifications in affidavits filed before the Election Commission in 2004, 2011 and 2014 and not given any clarification, despite concerns raised on the issue.

Khan had urged the court to take cognisance of the offences alleged in the plea under Section 125A of the RPA and "summon the accused person, Smriti Z Irani, for trial".

"After conducting trial hold the acused guilty, convict and sentence the accused person in accordance with law, in the interest of justice to the complainant and also the public at large", he had prayed.

The court, while declining the prayer, said the original evidence was already lost due to passage of several years and the court needed to be "relieved of the burden of adjudicating such inconsequential claim or case".

It said the fate of the case could be foreseen as inevitable failure as original evidence was lost due to the "great delay" and the complainant may not have even bothered to file the plea if Irani was not a central minister.

"So, where the original evidence has already been lost due to passage of number of years, the secondary evidence available will probably be not able to withstand the test of judicial scrutiny, there is great great delay of around 11 years in filing of the complaint...

"The said delay could not be condoned as complainant is not an aggrieved person, the complaint does not appear to have been filed for vindication of majesty of justice and maintenance of law and order, the complaint appears to have been filed to needlessly harass the proposed accused," the magistrate said.
The court said the alleged offence under the IPC entailed a maximum punishment of three years for which the limitation for filing the complaint was three years under the CrPC.

A poll panel official had earlier told the court that the documents filed by Irani regarding her academic qualification while filing nominations were not traceable. However, the information on this was available on its website, he had said.

In pursuance to the court's earlier direction, Delhi University had also submitted that the documents pertaining to Irani's BA course in 1996, as purportedly mentioned by her in an affidavit filed during 2004 Lok Sabha elections, were yet to be found.

The court had on November 20 last year allowed the complainant's plea seeking direction to the officials of EC and DU to bring the records of Irani's qualifications after he said he was unable to place them before the court.

Khan had alleged that Irani had knowingly furnished misleading information about her qualifications and that a candidate, deliberately giving incorrect details, could be punished under provisions of the IPC and under section 125A of the Representation of the People Act (RPA).

Section 125A of RPA deals with penalty for filing false affidavit and entails a jail term of up to six months or fine or both.

The court on June 24 last year had taken cognisance of the complaint which had accused Irani of furnishing false information about her academic qualifications in the affidavits filed before the EC in 2004, 2011 and 2014.

The complainant had earlier claimed in court that in her affidavit for April 2004 Lok Sabha polls, Irani had said she completed her BA in 1996 from DU(School of Correspondence), whereas in another affidavit of July 11, 2011 to contest Rajya Sabha election from Gujarat, she had said her highest educational qualification was B.Com Part I from the School of Correspondence, DU.

The complaint also alleged that in the affidavit filed for nomination of April 16, 2014 Lok Sabha polls from Amethi constituency in Uttar Pradesh, Irani said she had completed Bachelor of Commerce Part-I from School of Open Learning, DU.

Comments

Rikaz
 - 
Tuesday, 18 Oct 2016

She is not AAP leader, otherwise she would have been arrested like a dog....

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Agencies
May 1,2020

New Delhi, May 1: The Centre has finalsed the criteria for delimitation of various zones after May 3. It has identified at least 130 districts as red zones, 284 orange zones and 319 green zones.

According to a letter written by Health Secretary Preeti Sudan to the Chief Secretaries of all States and UTs, all the states have to delineate the containment areas and buffer zones in the identified red and orange zone districts and notify the same.

The letter said, the national capital has at least 11 red zones, Uttar Pradesh 19 red zones, 36 orange zones and 20 green zones while, the state of Haryana has 2 red zones, 18 orange zones and 2 green zones.

The Gautam Buddha Nagar in Uttar Pradesh has been identified as a red zone district while, Ghaziabad has been designated as an orange zone. The national capital has no orange and green zone; there are only red zones according to the letter.

In Maharashtra, Mumbai, Pune, Thane, Nashik come in the red zone.

In West Bengal, Kolkata, Howrah, 24 Parganas -- both North and South have been identified as red zones while Hooghly, Nadia, Murshidabad etc have been marked as orange zones.

In the southern part of India, Kerala has 2 red zones and 10 orange zones, while Tamil Nadu has 12 red zones and 24 orange zones.

The Health Secretary said that the list will be revised on a weekly basis or earlier and communicated to states for further follow-up action in consonance with the directions issued by the Ministry of Home Affairs under the Disaster Management Act, 2005 based on field feedback and additional analysis at state level, states may designate additional red or orange zones as appropriate.

However, states may not relax the zonal classification of districts classified as red or orange as communicated by the Ministry. This classification is multi-factorial and takes into consideration incidence of cases, doubling rate, extent of testing and surveillance feedback to classify the districts.

A district will be considered under green zone, if there are no confirmed cases so far or there is no reported case since the last 21 days in the district.

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Agencies
July 16,2020

New Delhi, Jul 16: A group of 174 Indian nationals, including seven minors, has filed a lawsuit against the recent presidential proclamation on H-1B that would prevent them from entering the United States or a visa would not be issued to them.

Judge Ketanji Brown Jackson at the US District Court in the District of Columbia issued summonses on Wednesday to Secretary of State Mike Pompeo and acting Secretary of Homeland Security Chad F Wolf, along with Labor Secretary Eugene Scalia.

The lawsuit was filed in the US District Court on Tuesday.

"The proclamation 10052's H-1B/H-4 visa ban hurts the United States' economy, separates families and defies the Congress. While the two former points render it unseemly, the latter point renders it unlawful," said the lawsuit filed by lawyer Wasden Banias on behalf of the 174 Indian nationals.

The lawsuit seeks an order declaring the presidential proclamation restriction on issuing new H-1B or H4 visas or admitting new H-1B or H-4 visa holders as unlawful. It also urges the court to compel the Department of State to issue decisions on pending requests for H-1B and H-4 visas.

In his presidential proclamation on June 22, Trump temporarily suspended issuing of H-1B work visas till the end of the year.

"In the administration of our nation's immigration system, we must remain mindful of the impact of foreign workers on the United States labor market, particularly in the current extraordinary environment of high domestic unemployment and depressed demand for labor," said the proclamation issued by Trump.

In his proclamation, Trump said the overall unemployment rate in the United States nearly quadrupled between February and May of 2020 -- producing some of the most extreme unemployment ever recorded by the Bureau of Labor Statistics.

While the May rate of 13.3 per cent reflects a marked decline from April, millions of Americans remain out of work.

The proclamation also extends till year-end his previous executive order that had banned issuance of new green cards of lawful permanent residency. Green Card holders, once admitted pursuant to immigrant visas, are granted "open-market" employment authorisation documents, allowing them immediate eligibility to compete for almost any job in any sector of the economy, Trump said.

Forbes, which first reported the lawsuit filed by the Indian nationals, said the complaint points out that the Congress specified the rules under which H-1B visa holders could work in the US and balanced the interests of US workers and employers.

"The complaint seeks to protect H-1B professionals, including those who have passed the labor certification process and possess approved immigrant petitions. Such individuals are waiting for their priority date to obtain permanent residence, a wait that can take many years for Indian nationals," Forbes reported.

Meanwhile, several lawmakers urged Scalia on Tuesday to reverse the work visa ban.

"Throughout this administration, the president has continued to lament the alleged abuses of the immigration system while failing to address the systemic problems that have persisted and allowed businesses and employers to exploit and underpay immigrant workers, guest workers and American workers," the lawmakers wrote.

"This misguided attempt by the president to scapegoat immigrants for policy failures during the pandemic not only serves to hurt immigrants, but dismisses the true problem of a broken work visa program that is in desperate need of reform," said the letter, which among others was signed by Congressmen Joaquin Castro, Chair of the Congressional Hispanic Caucus; Bobby Scott, Chair of the Education and Labor Committee; Karen Bass, Chair of the Congressional Black Caucus; Judy Chu, Ra l Grijalva, Vicente Gonzalez, Yvette Clarke and Linda S nchez.

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News Network
June 3,2020

New Delhi, Jun 3: Over 1 lakh scanned copies of Indians' national IDs, including Aadhaar, PAN card and passport, have been put on dark web for sale, cyber intelligence firm Cyble said on Wednesday.

The leaked data seems to have originated from a third party and not from the government system, according to a report by Cyble.

"We came across a non-reputed actor who is currently selling over 1 lakh Indian National IDs on the dark net. With such a low reputation, ideally, we would have skipped this; however, the samples shared by the actor intrigued our interest -- and also the volume. The actor is alleged to have access to over 1 lakh IDs from different places in India," Cyble said.

The personal data leaked by cyber criminals leads to various nefarious activities such as identity thefts, scams, and corporate espionage. Many criminals use the personal details in the IDs to win trust of the people over a phone call for fraudulent activities.

Cyber criminals leak personal data of 2.9 cr job-seeking Indians on dark web for free

The Cyble researchers acquired around 1,000 IDs from the seller and confirmed that the scanned IDs belong to Indians.

"Preliminary analysis suggests that the data originated from a third party, and no indication or artefact is indicating that it came from a government system. At this point, Cyble researchers are still investigating this further -- we are hoping to share an update soon," Cyble said.

The scanned ID documents indicate that the data may have been leaked from a company's data base in the segment where they have to comply with 'Know Your Customer' (KYC) norms.

"Cyble researchers have also learned about a surge in KYC and banking scams -- leaks such as this are often used by scammers to target individuals, especially elderlies," Cyble said.

The cyber intelligence firm has recommended people to refrain from sharing personal information especially financial information over phone, e-mail or SMS.

"Regularly monitor your financial transaction, if you notice any suspicious transaction, contact your bank immediately," the company said.

In May, Cyble showed two instances where personal data of 7.65 crore Indians have been put on sale in the dark web. In one instance, the seller claimed to have sourced data of 4.75 crore Indians from online directory Truecaller and in other, the seller claimed to have sourced from job websites.

Truecaller, however, had denied the claim of breach in its database.

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