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 15,2020

New Delhi, Apr 15: With 1,076 new COVID-19 cases reported in the last 24 hours, India's tally of coronavirus cases has risen to 11,439, said the Union Ministry of Health and Family Welfare on Wednesday.

Out of the total tally, 9,756 cases are active while 1,306 patients have been cured/discharged and migrated.

With 38 new deaths reported in the last 24 hours, the death toll rises to 377.

According to the ministry, Maharashtra is the worst-affected state with 2,687 cases of which 259 patients have recovered/discharged while 178 patients have lost their lives due to the virus.

Delhi comes in at the second position with 1,561 cases of which 30 patients have recovered while 30 patients have succumbed to the virus.

Tamil Nadu is the third state with over 1,000 cases at 1,204 cases of which 81 have recovered and 12 have died due to the deadly virus.

Rajasthan is nearing the 1,000 mark with 969 cases of which 147 people have recovered while 3 patients are dead. Madhya Pradesh reported 730 cases including 51 patients recovered and 50 patients dead.

On Tuesday, in an address to the nation, Prime Minister Narendra Modi announced that the 21-day national lockdown has been extended till May 3.

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Agencies
July 8,2020

The Jamaat-e-Islami Hind (JIH) has urged Muslims to take precautions during Eid ul-Adha (Bakrid), to be celebrated in the last week of July, and has issued guidelines on offering prayers and sacrifices.

"The namaz should be offered by adhering to the social distancing norms at eidgahs and mosques. Muslims should offer the Eid prayer at home in the same manner as they had done during Eid ul-Fitr in areas where restrictions have been imposed due to COVID-19," it said.

For the sacrifice of animals, a part of the festival, the JIH said "precautionary" measures should be taken due to the pandemic.

"Don't offer qurbani on roads, footpaths and pathways. Ensure the highest level of cleanliness and hygiene. Ensure that you bury the blood and entrails of the animal after qurbani or deliver it at the designated spot of garbage collection," the JIH said in a statement.

The JIH said it would be appropriate to form a committee few days before the Eid ul-Adha, which would keep an eye on the situation, remain in touch with the local administration and offer cooperation towards maintaining the law and order in the area.

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News Network
June 19,2020

Jun 19: Ten Indian Army soldiers including four officers were released by the China’s People’s Liberation Army (PLA) on Friday capping three days of hard negotiations that followed the bloody battle at the eastern Ladakh’s Galwan valley on Monday.

The 10 jawans returned around 5.30 PM on Friday to Patrol Point 14 (PP-14) after Indian team leader Major Gen. Abhijit Bapat, the commanding officer of the Third Div made it clear to the Chinese that there couldn’t be any progress in the disengagement talks unless the soldiers were returned safely.

Asked to comment on the release of Indian soldiers, the Indian Army maintained silence. The force released a brief statement on Thursday stating that all its men were accounted for.

However, the extent of the brutal clash can be gauged from the fact that 76 Indian Army soldiers are still in the hospital out of which 58 soldiers have “minor injuries” and “should be back on duty within a week”, according to Army sources.

Return of the Indian soldiers has been the main point of negotiations for the last two days. The situation is now calmer at areas near PP-14 in the Galwan valley after the return of Indian soldiers even though large numbers of troops from both sides are still present in the area.

Meanwhile analysis of satellite images has revealed a large presence of Chinese troops in the northern banks of Pangong Tso, a disputed territory for years.

“In the past month, Chinese forces have become an overwhelming majority in the disputed areas (on the north bank of the 135 km long lake). Significant positions have been constructed between Fingers 4 and 5, including around 500 structures, fortified trenches and a new boat shed over 20 km further forward than previously. More structures appear to be under construction,” says a report published in the Strategist, the journal of the Australian Strategic Policy Institute.

“The scale and provocative nature of these new Chinese outposts is hard to overstate: 53 different forward positions have been built, including 19 that sit exactly on the ridge line separating Indian and Chinese patrols,” says the report, accompanied by satellite images showing overwhelming PLA presence.

The June 6 Corps Commander level meeting between the Indian and PLA armies did not result in a solution to the contentious muscle flexing by the Chinese on the shores of the Pangong lake. The meeting ended with the conclusion that more Lt Gen level talks between the two armies were needed to resolve such issues.

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