Kejriwal's jail stay extended till June 6, Court chides him

May 23, 2014

New Delhi, May 23: AAP chief Arvind Kejriwal's jail stay was extended till June 6 today as he remained adamant on not furnishing bail bond in a criminal defamation case against him by BJP leader Nitin Gadkari, with a Delhi court chiding him for "legal illiteracy" and asking him to be "sensible".kejriwal police

Metropolitan Magistrate Gomati Manocha remanded the former Delhi chief minister, who was produced in a packed court room from Tihar Jail, in judicial custody till June 6 saying she cannot review her order passed on May 21.

"I will only request you (Kejriwal's lawyer) to challenge my order if you want. I have already made up my mind," the magistrate said, adding that the court was only following legal procedure and "that if other leaders of the party can furnish bond to secure bail, why Kejriwal cannot do the same".

The court had on May 21 sent him to custody till today after he had refused to furnish bail bond in the case.

During the hearing, the court said that there is a lot of legal illiteracy in the country and even educated persons do not know what bail and bail bond is.

"There is a lot of legal illiteracy in the country. Even educated people do not know about legal proceedings as to what is bail and what is bond. Being in the position you (Kejriwal) were, I expect you to be sensible," the magistrate observed.

Kejriwal was earlier summoned as an accused by the court in the defamation complaint in which Gadkari had alleged that he was defamed by the AAP leader, who had included his name in the party's list of "India's most corrupt".

During the hearing, senior advocate Shanti Bhushan, who appeared for Kejriwal, argued that in such cases where the accused has not been arrested, there was no requirement to furnish bail bond.

Senior advocate Pinki Anand, who appeared for Gadkari, told the court that criminal courts cannot review their order.

During the hearing, Kejriwal told the court he was trying to understand what his fault was and lots of politicians have filed such cases against him.

"In such cases, I have been released after I gave undertaking in courts earlier," he said.

The magistrate, however, said Kejriwal was told to give a bond only and it was a legal procedure to furnish bonds for bail.

"You (Kejriwal) have been summoned as an accused. You are not a convict. You will face trial...you cannot say that I am innocent and I will not give bond. This is a procedure," the magistrate said.

The court observed that if other leaders of the party can furnish bond to secure bail, why Kejriwal cannot do it

On May 21, the court had granted bail to Kejriwal in the defamation complaint saying the offence under Section 500 of the IPC was bailable and had asked him to furnish a personal bond of Rs 10,000 and a surety of the like amount.

He, however, was taken into custody after he refused to give the bail bond saying the case was politically motivated and he does not wish to seek bail. He had said that he was ready to give an undertaking that he would appear in the court whenever required.

The court had said as Kejriwal had refused to furnish bail bond or even personal bond without surety, it was constrained to take him into custody.

The magistrate, in her order, had observed the procedure of courts cannot be "thrown to the winds" at the whims and fancies of the litigants.

"The court cannot act as a mute spectator when a particular litigant intentionally seeks to violate the procedure established by law.

"This case cannot be dealt with any differently than any other criminal cases where the courts insist on furnishing bail bond/personal bond to secure the presence of the accused persons.

"The accused in the present case cannot seek differential treatment to be let off only on an oral undertaking in violation/divergence to the settled practice/procedure regarding bail," the court had said.

The court had also said that this was not a case where the accused is unable to furnish bail bond due to financial inability and Kejriwal was just adamant to not furnish bond for his appearance before it.

The court had on February 28 summoned Kejriwal as an accused in the criminal defamation complaint observing that statements allegedly made by the AAP leader have the effect of "harming the reputation" of the complainant.

AAP leaders have contended that submission of bail bond will be an "admission of guilt" and that Kejriwal had taken a principled stand. But the Congress and BJP had termed it as a political stunt.

Aam Aadmi Party leader Yogendra Yadav, who was taken into custody for violating prohibitory orders imposed around Tihar Jail when he was protesting Kejriwal's arrest, was released on bail yesterday after he furnished a personal bond of Rs 5,000.

The court had noted that Kejriwal stated that he shall prefer to go to jail than seek bail or furnish bail bonds.

Kejriwal had told the court that in all cases the procedure should be simplified and the accused should be let off on an oral undertaking.

Gadkari had said that on January 31 this year, Kejriwal had issued a list of alleged "India's most corrupt" in which he had named various politicians, including him.

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News Network
March 23,2020

New Delhi, Mar 23: The central government has asked state governments to take strict action against violators of the coronavirus lockdown being enforced in 80 districts across the country.

An official statement released on Monday said there will be a total lockdown in 80 districts where coronavirus cases have been reported. The shutdown will end on March 31.

Delhi's borders will remain sealed during the lockdown, but essential services related to health, food, water and power supply will continue, and 25 per cent of the DTC buses will run to transport people associated with essential services.

Prime Minister Narendra Modi earlier on Monday appealed to state governments to ensure that rules and regulations of the coronavirus lockdown are enforced as he noted that many people were not taking the measure seriously.

"Many people are still not taking the lockdown seriously. Please save yourself, save your family, follow the instructions seriously. I request state governments to ensure rules and laws are followed," he said in a tweet in Hindi.

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News Network
May 9,2020

Thrissur, May 9: Five people were arrested for allegedly conducting congregational prayers at a mosque here in violationofthe COVID-19 lockdown norms.

A case was registered against five people for conducting evening prayers on Friday, police said.

We received information that prayers were being conducted in the mosque, they said adding they were held at Eriyad Masjidul Bilal mosque here.

On Friday, four people, including the president of a local temple trust, were arrested for allegedly conducting a religious recitation in a temple here in violation of lockdown restrictions.

Though lockdown conditions have been eased in accordance with the Centre's guidelines, public gatherings, including functions, weddings, political events and religious gatherings were not allowed.

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Agencies
January 15,2020

New Delhi, Jan 15: Suspended Deputy Superintendent of J&K Police Davinder Singh had ferried Hizbul Mujahideen terrorist Naveed Babu to Jammu last year also and facilitated his return to Shopian after "rest and recuperation", officials interrogating him said here Tuesday.

"Meri mati maari gayi thi (I must have lost my mind to do what I did)," an interrogator quoted Singh as saying after the DSP failed to impress them with his theory of catching a big terrorist.

Singh was arrested last Saturday along with Naveed Babu alias Babar Azam, a resident of Nazneenpora in South Kashmir's Shopian district, and his associate Asif Ahmad.

He is believed to have taken Rs 12 lakh for smuggling the two to Chandigarh for providing them accommodation for a couple of months, officials said. The officials, who have been spending considerable time questioning Singh, said there have been many inconsistencies in his statements and everything was being crosschecked and corroborated with the confessions of captured militants who have been kept in different rooms at an interrogation centre in South Kashmir.

During questioning it emerged that Singh had taken them to Jammu in 2019 also, the officials said.

In a tone laced with sarcasm, they said the DSP was taking the militants for "rest and recuperation".

Naveed told the interrogators that they used to stay in the hilly regions to avoid the J&K police and left the areas to escape harsh winters, they said.

The official said the DSP's bank accounts and other assets were being verified by the police and papers were being collected, amid speculations that the case may be handed over to the National Investigation Agency (NIA).

Going into the service history of Singh, majority of retired and serving officials of the JKP spoken to referred to a proverb -- coming events cast their shadows long before -- to say that if action had been taken against the officer during his probation period, such things would not have happened.

Recruited in 1990 as a sub-inspector, Singh along with another probationary officer were subject of an internal enquiry where some narcotics had been seized from a truck. However, the contraband was sold by Singh and another sub-inspector, the officials recalled.

There was a move to dismiss them from the service which was stalled by an Inspector General rank officer purely on humanitarian ground and the duo was shifted to the Special Operations Group, a team of policemen engaged in counter-militancy offensive.

However, he could not last there for long and was shifted this time to the police lines only to be rehabilitated in 1997 again in the SOG.

During this period, he was posted in Budgam and is alleged to have indulged in extortion for which he was sent back to the police lines.

His proper rehabilitation began in 2015 by the then Director General of Police K Rajendra, who posted him in district headquarters of Shopian and Pulwama, the officials said.

However, after some alleged wrongdoing during his stint in Pulwama, the then Director General of Police S P Vaid transferred him in August 2018 to the sensitive Anti-Hijacking Unit in Srinagar, though the move was opposed by some other officers.

An advocate, Irfan Ahmad Mir, was driving the vehicle when they were caught by the police on National Highway in Kulgam district.

The advocate, who has also been arrested, had travelled to Pakistan five times on an Indian passport.

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