HC quashes Baig's death penalty in Pune German bakery blast

March 17, 2016

Mumbai, Mar 17: The Bombay High Court today quashed the death penalty awarded to lone convict Himayat Baig in the 2010 German Bakery blast in Pune due to lack of evidence, but confirmed the life sentence imposed on him for possession of explosives.

germanA division bench of Justices N H Patil and S B Shukre said Baig is acquitted of all charges under the Unlawful Activities Prevention Act (UAPA), under sections 120(B) (criminal conspiracy), 302 (murder) and 307 (attempt to murder) of the IPC, and under some sections of the Explosive Substances Act.

The court, however, confirmed Baig's conviction and life sentence imposed on him under section 5(B) of the Explosive Substances Act, for possession of RDX.

The court also confirmed his conviction under section 474 of IPC, for submitting forged documents while procuring mobile phone SIM cards.

The high court further said that it need not pass any order on the applications filed by two witnesses in the case, as it has acquitted Baig of the charges.

Notably, when Baig filed his appeal in the high court challenging the death penalty, two witnesses in the case had also filed an application seeking their evidence to be recorded again as their statement was taken under duress.

Dressed in a black shirt and blue jeans, Baig was present in the court when the judgement was pronounced.

Baig, who the police said was a member of the terrorist outfit Indian Mujahideen, was arrested in September 2010 for involvement in the blast at German Bakery, a popular eatery in Pune's Koregaon Park area, which killed 17 persons and injured 58, including some foreign nationals.

In 2013, a sessions court in Pune convicted him and awarded capital punishment. Himayat Baig, the lone convict in the case, was arrested in September 2010 from Latur in Maharashtra.

The ATS had recovered 1,200 kgs of RDX from Baig's residence in Latur after his arrest.

There are total eight accused in the case, of whom six are wanted.

Besides Baig, another accused Qateel Siddiqui was also arrested, but he died in Pune's Yerawada jail following a scuffle with other inmates.

The other wanted accused in the case are--IM operatives Yasin Bhatkal, Mohsin Choudhary, Riyaz Bhatkal, Iqbal Ismail Bhatkal, Fayyaz Kagzi and Sayyad Zabiuddin Ansari.

According to prosecution, the bomb used in the blast was assembled at Baig's internet cafe. Thereafter, he travelled to Pune by bus with Mohsin Choudhary and planted the bomb.

However, Baig's lawyer Mehmood Pracha had earlier argued that Baig was not even present in Pune at the time of the blast, and that he was attending a wedding in Latur.

According to Pracha, it was Qateel Siddiqui who along with Yasin Bhatkal went to Pune.

When Baig filed his appeal in the high court challenging the death penalty, two witnesses in the case filed an application in HC seeking that their evidence be recorded again as their statement was taken under duress.

Former journalist Ashish Khetan had also earlier filed a PIL, alleging that Baig was falsely implicated and the case should be probed afresh by NIA.

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Agencies
June 10,2020

New Delhi, Jun 10: The Enforcement Directorate (ED) on Wednesday brought back over 2,300 kg of polished diamonds and pearls worth Rs 1,350 crore of firms belonging to Nirav Modi and Mehul Choksi from Hong Kong, officials said.

Out of the 108 consignments that landed at Mumbai, 32 belong to overseas entities "controlled" by Modi while the rest are of Mehul Choksi firms.

Both the businessmen are being probed by the ED under the Prevention of Money Laundering Act (PMLA) in connection with an over USD 2 billion alleged bank fraud at a PNB branch in Mumbai.

The valuables include polished diamonds, pearls and silver jewellery, and is worth Rs 1,350 crore. 

The ED completed "all legal formalities" with authorities in Hong Kong to bring back these valuables, the agency said.

These will formally seized under the PMLA now, it said.

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Agencies
July 21,2020

New Delhi, Jul 21: The Supreme Court has asked the Ministry of Finance to look into a plea which claimed a loss of hundreds of crore every day, as the public sector banks are not invoking personal guarantees of big corporates who have defaulted on loans.

A bench comprising Justice R. F. Nariman and Navin Sinha asked the petitioners, Saurabh Jain and Rahul Sharma, who filed the PIL, to move the Finance Ministry with a representation within two weeks. The top court observed that the issue is important and the ministry should respond after the petitioner has made the representation before it. The matter had come up for hearing on Monday.

"We are of the view that at page 115 of the Writ Petition it has been made clear that the Ministry of Finance itself has, by a Circular, directed personal guarantees issued by promoters/managerial personnel to be invoked. According to the petitioners, despite this Circular, Public Sector Undertakings continue not to invoke such guarantees resulting in huge loss not only to the public exchequer but also to the common man", said the bench in its order.

Senior advocate Manan Mishra and advocate Durga Dutt, represented the petitioners.

Mishra contended before the bench that the statistics establish the public sector banks incurred a loss of approximately Rs 1.85 lakh crore in a financial year, and the banks did not take action to invoke personal guarantees of the biggest corporate defaulters.

The bench observed that since the petitioners claim the public sector undertakings are not complying with this circular, "We think you should first go to the ministry," said the bench.

Mishra argued before the bench that the loans from a common man are recovered through a mechanism where officials go through even the minutest detail, but promoters, chairpersons and other senior level functionaries of the big corporates find it convenient to get away by defaulting on loans.

The bench told the petitioner's counsel that the Finance Ministry has already issued a notification on this matter, and the petitioners should seek response from the ministry, and then move the top court. Mishra submitted before the bench to issue a direction to the Finance Ministry to give a response on their representation.

The bench said, "We allow the petitioners, at this stage, to withdraw this Writ Petition and approach the Ministry of Finance with a representation in this behalf. The representation will be made within a period of two weeks from today. The Ministry of Finance is directed to reply to the said representation within a period of four weeks after receiving such representation. With these observations, the petition is allowed to be withdrawn to do the needful."

Mishra contended before the bench seeking liberty to come back after a reply from the Finance Ministry. Justice Nariman said this option is open for petitioners after a decision has been taken by the ministry. "We will hear you", added Justice Nariman.

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Agencies
May 31,2020

New Delhi, May 31: Indian aviation regulator DGCA on Saturday said the suspension of scheduled international commercial passenger flights will continue till midnight on June 30, hours after the Home Ministry announced fresh guidelines pertaining to the countrywide lockdown to contain the coronavirus pandemic.

"It is once again reiterated that foreign airlines shall be suitably informed about the opening of their operations to or from India in due course," the circular issued by the Directorate General of Civil Aviation (DGCA) said.

Domestic passenger flight services resumed in the country from Monday after a hiatus of two months since the lockdown was announced on March 25, when all scheduled commercial passenger flights were suspended in India. International flights continue to remain suspended even now.

The Home Ministry on Saturday said 'Unlock-1' will be initiated in the country from June 8 under which the nationwide lockdown effectuated on March 25 will be relaxed to a great extent, including opening of shopping malls, restaurants and religious places, even as strict restrictions will remain in place till June 30 in the country's worst pandemic-hit areas.

International air travel shall remain suspended, the MHA order said, adding that a decision on when to resume it would be taken after making an assessment of the situation.

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