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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News Network
January 30,2020

New Delhi, Jan 30: Tension spiralled in Jamia Nagar on Thursday after a man fired a pistol at a group of anti-CAA protesters, injuring a Jamia Millia Islamia student before walking away while waving the firearm above his head and shouting "Yeh lo aazadi" amid heavy police presence in the area.

Massive protests erupted in the area after the incident with hundreds of agitated people gathering near the university, breaking barricades and clashing with police personnel.

The man, who identified himself as "Rambhakt Gopal", was subsequently overpowered by police and detained. He was taken into custody and was being interrogated, police said.

The entire drama, which triggered panic in the area, was captured by television cameras that showed the man in light coloured pants and a dark jacket, walking away on an empty road barricaded by police, turning around and shouting at the protesters in Hindi, "Here, take this freedom."

The gunman went live on Facebook before the brandishing the gun. Police said they were verifying whether it is his real name.

Before the attack, the man also put out messages on Facebook stating "Shaheen Bhag Khel Khatam" (Run Shaheen, the game is over). Another message stated, "Please wrap me in saffron in my last journey with slogans of Jai Shri Ram". His Facebook profile was deleted after screenshots of his posts were circulated widely on social media platforms.

Several students recapped how their peaceful march on Gandhi's death anniversary became violent.

"We were moving towards the Holy Family Hospital where the police had raised barricades. Suddenly, a gun-wielding man came out and opened fire. One bullet hit my friend's hand," Aamna Asif, a student of economics at the university, told PTI.

She said her friend, Shadab Farooq, a mass communication student, was trying to calm the attacker but he shot at him injuring his left hand.

Farooq, who belongs to Kashmir, was taken to the AIIMS Trauma Centre.

Ragibh Naushad, an LLB student at the university, said, "The Jamia Coordination Committee organised a march to pay homage to Gandhi ji on his death anniversary. It started at 12 noon from Gate number 7, but police denied the permission and stopped the march near the Holy Family hospital.

"A man named Gopal, came there and started brandishing a weapon and later shot a round. He was also chanting pro-CAA slogans."

The incident led to panic in the area.

Khalid Hassan, a JMI alumnus, said initially many were not sure whether it was a gunshot or a tyre burst.

There was heavy police and media presence when the incident took place.

The students were heading from Jamia to Mahatma Gandhi's memorial Rajghat. The march was stopped at the Holy Family Hospital near the university.

Chinmoy Biswal, DCP (southeast), said the students wanted to take out a march from Jamia to Rajghat but were denied permission.

"They were being repeatedly told that the protest should be carried out peacefully. We had barricaded the road just before the Holy Family hospital. Meanwhile, a person was seen in the crowd who waved something which appeared to be a weapon."

"We have detained him and are interrogating him. One person has also been injured," Biswal said.

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News Network
April 9,2020

New Delhi, Apr 9: With an increase of 540 positive COVID-19 cases reported in the last 24 hours, India's tally of coronavirus cases has risen to 5,734, said the Ministry of Health and Family Welfare on Thursday.

Out of the 5,734 cases; 5,095 are active COVID-19 cases and 472 cases have been recovered/discharged and one case migrated.
The death toll has also risen to 166 after 17 new deaths were reported in the last 24 hours.

Maharashtra is the worst-hit state 1,135 positive cases so far and while Tamil Nadu is second with 738 positive cases. Delhi's tally has risen to 669 cases. 

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News Network
May 19,2020

Kolkata, May 19: The super cyclonic storm 'Amphan' in west-central Bay of Bengal is likely to weaken into an 'extremely severe cyclonic storm' by noon on Tuesday, the Met department said here.

The system, which was situated 670 km south-southwest of Digha in West Bengal, is very likely to move north-northeastwards across northwest Bay of Bengal, and cross West Bengal-Bangladesh coasts in the afternoon or evening of Wednesday as a 'very severe cyclonic storm', the Met department said.

The weatherman said that 'Amphan' is expected to cross West Bengal-Bangladesh coasts between Digha in West Bengal and Hatiya islands in Bangladesh on May 20 as a very severe cyclonic storm, after losing some steam as it approaches landfall, with a maximum sustained wind speed of 155 to 165 kmph gusting to 180 kmph.

Gale wind speeds reaching 240 to 250 kmph were prevailing over west-central and adjoining east-central Bay of Bengal, the Met office said, adding, it will gradually reduce to 200 to 210 kmph gusting to 230 kmph by Tuesday evening.

The Met department, which has issued an "orange message" for West Bengal, warned of extensive damage in Kolkata, Hooghly, Howrah, South and North 24 Parganas and East Midnapore districts.

There is likely to be disruption of rail and road link at several places, uprooting of communication and power poles and extensive damage to all types of 'kutcha' houses, the weatherman said.

There is also likelihood of massive harm to standing crops, plantations and orchards, the Met office said.

Wind speeds along and off the coastal areas of West Bengal will reach 45 to 55 kmph with gusts of 65 kmph from Tuesday afternoon, and will gradually increase becoming gale wind speeds reaching 75 to 85 kmph with gusts up to 95 kmph from May 20 morning along and off districts of North and South 24 Parganas, East and West Midnapore, Kolkata, Howrah and Hooghly, Regional Met Director G K Das said.

"It will gradually increase thereafter becoming 110 to 120 kmph gusting to 130 kmph over West Midnapore, Howrah, Hooghly, Kolkata and wind speeds of 165 to 175 kmph gusting to 195 kmph over the districts of North and South 24 Parganas and East Midnapore from the afternoon to night of May 20," Das said.

Under its impact, the coastal districts of Gangetic West Bengal, including North and South 24 Parganas, Kolkata, East and West Midnapore, Howrah and Hooghly are likely to experience light to moderate rain at many places with heavy downpour at isolated places on Tuesday, he said.

On Wednesday, rainfall will occur in many places over the districts of Gangetic West Bengal, with extremely heavy rain at one or two places in Kolkata, Howrah, East Midnapore, North and South 24 Parganas and Hooghly districts, he said.

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