Maha CM Fadnavis to face trial for non-disclosure of criminal cases in poll affidavit

Agencies
October 1, 2019

Mumbai, Oct 1: In a jolt to Maharashtra Chief Minister Devendra Fadnavis, the Supreme Court on Tuesday said the BJP leader will have to face trial for allegedly failing to furnish details of two pending criminal cases in his election affidavit in 2014.

A bench headed by Chief Justice Ranjan Gogoi set aside the Bombay High Court order which had given a clean chit to Fadnavis and had held that he did not deserve to be tried for the alleged offences under the Representation of Peoples (RP) Act.

"The respondent (Fadnavis) has the knowledge of the two pending cases," the bench, also comprising Justices Deepak Gupta and Aniruddha Bose, said.

The apex court's verdict came on the appeal of one Satish Uikey against the HC verdict.

On July 23, the top court, while reserving the verdict, had said that the alleged "omission" by Fadnavis of not disclosing information about two criminal cases in his election affidavit may be decided in the trial.

The apex court had said that it was concerned with a limited issue whether prima facie Section 125A of the RP Act is attracted or not.

The provision deals with the penalty for "filing a false affidavit" and says that if a candidate or his proposer fails to furnish or gives false or conceals any information in his nomination paper on issues like pending criminal cases then the person may be awarded six months jail term or fine or both.

Ukey had contended that the chief minister filed a false affidavit by not disclosing two criminal matters and yet the trial court and the high court held that there no prima facie case was made out for prosecution of the chief minister.

He had said that a candidate was under a mandatory legal obligation to disclose details of all cases, in which either charges have been framed or the trial court had taken cognizance, in the nomination papers.

The petitioner had alleged that Fadnavis, in his election affidavit filed in 2014, had failed to disclose the pendency of two criminal cases against him.

It was contended that the chief minister did not disclose the information as required of him under the election law and the non-disclosure of these two pending criminal cases was in violation of Section 125A of the RP Act and constituted an offence in itself.

The two cases of alleged cheating and forgery were filed against Fadnavis in 1996 and 1998 but charges were not framed.

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Agencies
June 27,2020

Mumbai, Jun 27: The Shiv Sena on Saturday hit out at the BJP over its charge that the Rajiv Gandhi Foundation (RGF) had accepted donations from the Chinese embassy, and asked it whether the issue had any connection with intrusion by the neighbouring country in Ladakh and the martyrdom of 20 Indian soldiers.

The Sena also alleged that those raising questions against the government over the standoff with China were being labelled as Chinese agents by the BJP.

BJP chief J P Nadda had on Thursday targeted the Congress and the Gandhi family saying that the RGF had allegedly accepted donations from the Chinese embassy. Hitting back, the Congress had said that the RGF issue raised by the BJP government was a "manufactured charge" and "diversionary tactic" to deflect attention from the LAC crisis.

"What do you mean by Congress gets money from China? Instead of responding to the issues raised by Sonia Gandhi and Rahul Gandhi over the Chinese incursions, the BJP leaders accused the Congress of receiving funds from China," the Sena said in an editorial in party mouthpiece 'Saamana'.

"Will BJP's revelations about the donations stop the Chinese activities along the border? The BJP should tell what connection does these donations have with the Chinese incursion and the martyrdom of 20 soldiers," it added.

"In our country, many political leaders and parties, and not just the Congress, are beneficiaries of foreign countries. The BJP speaking about this is like throwing stones in the mud," it said.

The Uddhav Thackeray-led party said that Chinese President Xi Jinping visited India twice in the last six years.

"He was hosted in Gujarat. But it is a fact that China has betrayed. Holding talks on the one hand and continuing with the offensive along the border on the other hand is China's old policy," it said.

In the present scenario, the entire country stands firmly with PM Modi. This crisis is not for the BJP or the Congress, but for the entire country, whose prestige is at stake, it said.

"The BJP can fight with the Congress any time later.

But now is the time to fight against China. It should speak on that," the Sena said.

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News Network
March 30,2020

Kochi, Mar 30: Kerala High Court on Monday granted interim bail to the under-trial prisoners and remanded accused in the state till April 30 in view of the lockdown imposed to prevent the spread of coronavirus.

The court said that the accused should report to the local police station immediately after getting bail. Those released on bail must strictly follow the lockdown instructions, the High Court said.

"Those who have been convicted of imprisonment for less than seven years will get bail. Prison Superintendents will release the prisoners who are eligible. But regular offenders are not entitled to get bail," the court said.

After the bail period, the accused should appear in the respective trial courts, where a decision will be taken on their bail by the respective trial courts.

The Supreme Court had last week asked all state governments to release undertrial prisoners, who are facing charges attracting less than seven years imprisonment, to reduce overcrowding of jails amid the ongoing coronavirus scare.

So far, 194 confirmed cases of coronavirus have been reported in the state.

The country is under a 21-day lockdown to prevent the spread of coronavirus, which according to the Ministry of Health and Family Welfare has claimed the lives of 29 people and infected a total of 1071 people as on Monday morning.

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Agencies
January 23,2020

Jammu, Jan 23: The National Investigation Agency (NIA) has brought the disgraced Deputy Superintendent of Police (DSP) Davinder Singh to Jammu for investigations.

According to sources, Davinder Singh has been brought on a transit remand. A formal remand from the NIA court for interrogation will be taken on Thursday.

On Wednesday, fresh raids were carried out by the NIA at Singh's residences in Srinagar.

Singh was caught while transporting two militants, Naveed Babu and Rafi Ahmed, and a lawyer Irfan Ahmed in a vehicle to Jammu on January 11.

According to sources the two militants and the lawyer had plans to travel to Pakistan after reaching Jammu.

The case was transferred to the NIA after initial investigation by the Jammu and Kashmir Police.

Singh has been dismissed from the service and the Jammu and Kashmir administration on Monday forfeited the commendation medal and certificate awarded to him.

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