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
August 8,2020

New Delhi, Aug 8: Former Union Minister Rajiv Pratap Rudy on Saturday said that it is unfair and unfortunate to blame the pilots or the Airports Authority of India (AAI) for the Kerala place crash which took place on Friday evening.

"It is very unfortunate and unfair when experts come under television channel and they try to put blame on the Airports Authority of India or the pilots. Airport authority in an institution which has had survived various tests of time for the last 65 to 70 years, or pre-independence, so it is unfair to blame them," he said.

While speaking to news agency, Rajiv Pratap Rudy said that the 737 Boeing aircraft is reliable and the pilots were experienced, and it was wrong to blame them.

He further said that there are many possibilities on what could have happened, and said, "It is an accident and we need to find the facts."
Rajiv Pratap Rudy also expressed his deepest condolences to the family members of those who lost their lives in the plane crash. "This accident is terrible and heart-rending. 

I offer my deepest condolences to the family members of the captain and first officer, and the families of passengers who died and were injured," he said.

At least 18 people died when a plane carrying 190 passengers came from Dubai met with an accident at Karipur airport in Kozhikode on Friday evening, as per the Directorate General of Civil Aviation (DGCA).

"Eighteen people, including two pilots, have lost their lives. It is unfortunate. 127 people are at hospitals, others have been released," said Puri on the Air India Express flight that crash-landed on Friday evening.

Air India Express Dubai-Kozhikode IX-1344 flight, carrying 190 people on board from Dubai under the Vande Bharat Mission, skidded off the runway at Karipur Airport in Kozhikode at 7.41 pm on Friday in which several people sustained injuries.

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News Network
March 6,2020

New Delhi, Mar 6: Justice S Muralidhar Thursday cleared the air over the controversy on his transfer from the Delhi High Court to Punjab and Haryana High Court, saying he had replied to Chief Justice of India S A Bobde's communication that he was fine with the proposal and had no objection to it.

The controversy erupted after the Centre issued Justice Muralidhar's transfer notification close to mid night of February 26 -- the day a bench headed by him had pulled up Delhi Police for failing to register FIRs against three BJP leaders for their alleged hate speeches which purportedly led to the recent violence in northeast Delhi.

Justice Muralidhar (58), who received a grand farewell on Thursday from a huge gathering including judges and lawyers amid big rounds of applause, said he wanted to clear the confusion on his transfer and narrated the sequence of events from the time he received CJI's communication till February 26.

The Supreme Court collegium, headed by the CJI, had in a meeting on February 12 recommended the transfer of Justice Muralidhar to Punjab and Haryana High Court.

Justice Muralidhar was number three in the Delhi High Court, his parent high court as a judge.

Explaining the transfer process, he said the 5-member collegium sends to the Centre a recommendation that a judge of a high court should be transferred to another high court. The judge concerned is not at this stage under orders of transfers. That happens only when the collegium's recommendation fructifies into a notification.

“In my case, the collegium's decision was communicated to me by the CJI on February 17 by a letter which sought my response. I acknowledged receipt of the letter, I was then asked to clarify what I meant. As I saw it, if I was to be transferred from the Delhi High Court any way, I was fine with moving to the Punjab and Haryana High Court.

“I therefore clarified to the CJI that I did not object to the proposal. An explanation for my transfer reached the press...on February 20 quoting 'sources in the Supreme Court collegium', confirming what has been indicated to me a couple of days earlier,” he said.

The CJI's letter dated February 14 was delivered to Justice Muralidhar on February 17, the day when the family's pet labrador Sakhi breathed her last.

He said February 26 was perhaps the longest working day of his life as a judge of the Delhi High Court, where he has spent 14 years on the bench.

He said it began at 12:30 am with a sitting at his residence with Justice A J Bhambhani, under the orders of Justice G S Sistani, to deal with a PIL filed by Rahul Roy seeking safe passage of ambulances carrying the injured riot victims.

“When I received a call at my residence from the lawyer for the petitioner, I first called Justice Sistani to ask what should be done, knowing that the Chief Justice (CJ) was on leave. Justice Sistani explained that he too was officially on leave the whole of February 26 and that I should take up the matter.

“This fact is stated in the order passed by the bench after the hearing. Later that day, upon urgent mentioning, as the de facto CJ's bench, Justice Talwant Singh and I took up another fresh PIL on the CJ's board seeking registration of FIRs for hate speeches. After the orders passed on that day, the above two PILs remained on the CJ's Board,” he said.

Justice Muralidhar ended the speech saying the notification which was issued close to midnight of February 26 did two things.

“First, it transferred me to Punjab and Haryana High Court. Second, it appointed me to a position from where I can never be transferred, or removed and in which I shall always be proud to remain. A 'former judge' of arguably the best high court in the country. The High Court of Delhi,” he said, following a standing ovation by all the judges and the gathering, including his family members, former judges, lawyers, court staff and media persons.

Earlier in the day, a farewell programme was also organised by the Delhi High Court Bar Association.

While addressing the gathering at the bar's function, Justice Muralidhar concluded his address saying “When justice has to triumph, it will triumph ... Be with the truth - Justice will be done.”

Justice Muralidhar's mother, wife Usha Ramanathan, former Delhi High Court chief justice A P Shah, senior advocate Shanti Bhushan and former Delhi University VC Upendra Baxi were also present at the later function that was organised by the court.

Bidding adieu to Justice Muralidhar, Delhi HC CJ D N Patel said it was an occasion which has come with a saddening effect and his absence will be felt institutionally as well as personally.

Delhi government standing counsel (criminal) Rahul Mehra termed Justice Muralidhar as a “highly intellectual, courageous, upright and incorruptible judge” and sang bengali song 'ekla chalo re' to describe him.

Mehra said he joins Delhi High Court Bar Association in “strongly condemning” Justice Muralidhar's transfer.

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News Network
March 11,2020

New Delhi, Mar 11: A doctor in Kerala on Tuesday alleged that she was sacked by the management of the private clinic she was working with for informing authorities about a non-resident Indian (NRI) patient who reportedly declined to undergo the mandatory check for coronavirus.

Dr Shinu Syamalan said the patient had come to the clinic recently with suspected symptoms of the virus.

"When he was asked whether he had visited any foreign countries, he said he was coming from Qatar. But he had not reported to the Health department about his foreign trip," she said.

When he was directed to inform about his foreign travel to the state Health Department, which has been monitoring people coming from abroad for the virus, he refused and said he was going back to Qatar, she told reporters.

Concerned over the health of the person who had high fever, Ms Syamalan informed health and police authorities.

"Officials who let the patient go abroad do not have any problem, but I have become jobless," she posted on social media.

She alleged she was sacked by the management of the clinic for reporting the matter to police and informing the public about the incident through social media and through television.

"The argument of the management is that no one would turn up for treatment in the clinic if they come to know that it was visited by patients with suspected symptoms of Coronavirus," she said.

There was no immediate reaction from the management of the private health clinic.

Official sources said the District Medical Officer (DMO) at Thrissur has complained to the collector against Shinu Syamalan accusing her of defaming health officials.

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