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
April 17,2020

New Delhi, Apr 17: A total of 3,336 Indians tested positive for coronavirus in 53 countries while 25 others died of the infection, government sources said on Thursday.

They said the Indians stranded abroad will have to be patient as the government is not evacuating them as part of a larger policy decision to check the spread of the coronavirus in the country.

"They need to be patient and stay where they are. Our missions have been told to extend all possible help to the stranded Indians," said a source.

According to the sources, evacuation of around 35,000 foreign nationals from 48 countries has been facilitated so far from India.

The sources said the majority of Indians who tested positive for the coronavirus infection are living in the Gulf region. A sizeable number of Indians staying in France and the US have also tested positive.

They said that Indian missions in the Gulf region have been told to extend all possible assistance to the Indians in distress.

Around eight million Indians are living in the Gulf countries and there has been growing anxiety among them over their livelihood in view of the pandemic as it has majorly impacted the oil-driven economy of the region.

Almost all Gulf countries have taken a series of drastic measures including imposing total lockdown, travel restrictions and even closing borders to stem the spread of the coronavirus infection.

The United Arab Emirates has already warned of possible action against countries refusing to allow their citizens to return.

Around 3.3 million Indians are living in the UAE and they constitute roughly 30 per cent of the country's population. Among the Indian states, Kerala is the most represented followed by Tamil Nadu and Andhra Pradesh.

A large number of Indians are working in the construction sector in Qatar which is hosting the FIFA World Cup in 2022.

As a matter of policy, India has decided not to bring back the stranded Indians from abroad till the nationwide lockdown ends.

The issue of Indians in Gulf region figured prominently during Prime Minister Narendra Modi's video conference with heads of Indian missions abroad on March 30.

Welfare of Indians in the Gulf was the major focus area in the discussions Modi had with leaders of countries in the region over the last few weeks, officials said.

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Agencies
May 26,2020

In a startling revelation, cybersecurity researchers have claimed that a hacker has posted personal details of nearly 2.9 crore Indian job seekers at one of the hacking forums on the Dark Web for free.

As part of the regular sweep over the Deep Web and Dark Web, researchers from cybersecurity firm Cyble came across an interesting item, where a threat actor posted 2.3GB (zipped) file on one of the hacking forums.

"The leak actually has a lot of personal details of millions of Indians Job seekers from different states," Cyble said in its blog on Friday.

This breach includes sensitive information such as email, phone, home address, qualification and work experience etc from job seekers spanning across states, from New Delhi to Mumbai and Bengaluru. 

Cybercriminals are always on the lookout for such personal information to conduct various nefarious activities such as identity thefts, scams, and corporate espionage.

"It appears to have originated from a resume aggregator service given the sheer volume and detailed information," it added.

Cyble indexed this information at ‘AmIbreached.com; – Cyble's data breach monitoring and notification platform.

Cyble researchers have identified a sensitive data breach on the dark web where an actor has leaked personal details of nearly 29 million Indian job seekers from various states. 

"Cyble's team is still investigating this further and will be updating their article as they bring more facts to the surface,” it said in a statement.

Cyble said it has acquired the leaked data. 

The same cyber security firm earlier exposed that Bengaluru-based edtech firm Unacademy was hacked.

According to Cyble researchers, nearly 22 million Unacademy user accounts were affected and the data was dumped and sold on Dark Web.

'We would like to assure our users that no sensitive information such as financial data or location has been breached," said Hemesh Singh, Co- Founder and CTO, Unacademy, in a statement.

In April, hackers sold personal data of a whopping 267 million Facebook users for just Rs 41,500 (approximately 500 Euros) that includes email addresses, names, Facebook IDs, dates of birth and phone numbers.

No passwords of the 267 million Facebook users were exposed by the hacker, according to Cyble.

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News Network
January 3,2020

Dhaka, Jan 3: Bangladesh's paramilitary force chief said on Thursday that a total of 445 Bangladeshi nationals returned from India in last two months following the publication of the National Register of Citizens (NRC) by the Indian government.

Border Guard Bangladesh (BGB) Director General Maj Gen Md Shafeenul Islam disclosed the figure during a press briefing here.

"About 1,000 people were arrested in 2019 for illegal border crossings from India to Bangladesh, with 445 of them returning home in November and December," he said.

After verifying their identities through local representatives, BGB came to know that all the intruders are Bangladeshis, Islam said, adding that 253 cases were lodged against them for illegal trespass, while initial investigations found that at least three of them were human traffickers.

The BGB Director said the trespassing did not create any tension between the border forces of Bangladesh and India.

Last week, Islam visited India where he said that the creation of the NRC is completely an "internal affair" of India and the cooperation between the border guarding forces of the two countries is very good.

He said the BGB will continue to do its work of preventing illegal border crossings as per its mandate.

A BGB delegation, led by Islam, was on a bilateral visit to India to hold DG-level border talks with its counterparts, the Border Security Force (BSF).

The talks took place from December 26-29, during which a host of issues related to cross-border smuggling and activities of criminals and others along the 4,096-km-long front were discussed.

Responding to a question, Islam said, "No discussion was held at the conference over the (NRC) issue".

He said during the five-day talks held in New Delhi, the BGB demanded that the BSF should take effective steps to prevent killings of Bangladeshis on frontiers as casualty figures sharply rose in 2019.

"The number of border killings in 2019 was highest in the last four years. As per our calculation, the number of such unexpected deaths was 35," the BGB chief said.

However, the BSF estimate of the casualty figure is much lower than our calculation, he said.

Islam said the BSF is following the policy of maintaining maximum restraint and minimal use of force even after being attacked by "armed border offenders".

A statement issued by the BSF last month in New Delhi after the conclusion of the DG-level talks said, "On the concern of the BGB regarding the death of Bangladeshi nationals on borders, it was informed to them that a non-lethal weapon policy is strictly followed by BSF personnel on borders.

"Firing is resorted to only in self-defence, when BSF patrols are gheraoed and attacked by ‘dah’ (a sharp-edged weapon) etc. It was specified that the BSF does not discriminate between criminals based on nationality," it said.

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