Sohrabuddin case: SC rejects plea against clean chit to Shah

August 1, 2016

New Delhi, Aug 1: The Supreme Court today rejected a petition challenging the discharge of BJP President Amit Shah in Sohrabuddin Sheikh fake encounter case.amit-Shah AFP

"Rejected," a bench comprising Justices S A Bobde and Ashok Bhushan said after nearly a half-an-hour hearing on the plea filed by former bureaucrat and social activist Harsh Mander.

Mander had challenged the Bombay High Court order which had upheld the discharge of the BJP President by the trial court in the case.

The bench, while giving relief to Shah, said, "When the person is genuinely aggrieved then the issue takes a different colour but when the person is not remotely connected and wants to revive the case then its a different matter".

Senior advocate Kapil Sibal, appearing for Mander, said, "Public must get the feeling that nobody is above the law".

To this, the court said it does not consider anyone "above the law".

Sibal said, "CBI has filed the charge sheet but I am unable to understand why did they turn turtle. Even his (Sohrabuddin) brother who filed the case against Shah withdrew his case later."

He said that it is a high profile case which was transferred from Gujarat to Maharashtra and added that justice to the people of India should be done.

At the outset, the bench questioned the locus standi of Mander in the case.
Sibal cited some earlier judgments of the apex court and said any member of society can have a locus in the case.

He said that the high court should not have dismissed Mander's application and could have taken suo motu cognizance of the issue.

He said, "CBI has filed a charge sheet and had made Shah accused number 16. It is a case of murder."

Senior advocate Harish Salve, appearing for Shah, cited various judgments of the apex court and questioned the locus of Mander in the case.

He said, "This court has already held that if one is not connected with the case, he cannot interfere with anyone's trial."

Salve further said, "It cannot be a case that if State is not going to file an appeal, I will file the appeal."

He also said this court has held that a third party cannot be allowed to interfere in the trial unless it is an aggrieved party.

In the petition, Mander had sought quashing of the December 30, 2014 order of a Mumbai sessions court giving clean chit to Shah in the case.

The petitioner had questioned the findings of sessions court which was endorsed by the high court exonerating Shah in the Tulsiram Prajapati killing case, holding that there existed "no case" against him and that he had been implicated for "political reasons".

Mander had approached the high court against the sessions court order which was dismissed by the Bombay High Court in March this year.

Sohrabuddin, a gangster was killed by Gujarat police along with his wife Kausar Bi in 2005.

Tulsiram, an aide of the gangster and an eyewitness to the encounter, was also killed allegedly by the police in 2006.

Comments

True commentator
 - 
Monday, 1 Aug 2016

The real supreme court and the chief Justice is our creator the God.
the case, file is still open and will be finalized only by the God.

This worldly judgment can be wrong or right, but there will be always fair and no human errors.

If it is wrong, he will suffer. Sometimes the oppressor will face the destiny here.

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
January 11,2020

Those owning a single house in joint names would continue to file their income tax returns (ITRs) in much simpler ITR-1 (Sahaj) and ITR-4 forms (Sugam) for assessment year 2020-21 with the government issuing a clarification in this regard.

The clarification has come days after the government modified the eligibility for filing the returns in ITR-1 and ITR-4, stating that those owning a property jointly, spending Rs 2 lakh on foreign travel and paying electricity bill of Rs 1 lakh in a year would not be able to file returns in the simpler forms.

They would have to file their returns with much more detailed information in other specified forms.

Following the changes in the eligibility for filing returns in the two forms, concerns were raised over it with taxpayers claiming that it will cause huge hardship for them.

"The matter has been examined and it has been decided to allow a person, who jointly owns a single house property, to file his/her return of income in ITR-1 or ITR-4 Form, as may be applicable, if he/she meets the other conditions," a Finance Ministry statement said.

"It has also been decided to allow a person, who is required to file return due to fulfilment of one or more conditions specified in the seventh proviso to section 139(1) of the Act, to file his/her return in ITR-1 Form," it added.

Tax practitioners welcomed the government’s move of going back to the previous position.

"This is a welcome clarification allowing middle class taxpayers owning a single house property to file simpler ITR forms, 1 and 4, and not the detailed ITR forms even if they own house property in joint names," said Shailesh Kumar, Director, Nangia Andersen Consulting.

It may be noted that taxpayers holding multiple house properties would have to file more detailed return forms.

In the major changes notified earlier this month by the Income-Tax department, individual taxpayers were disallowed to file return either in ITR-1 or ITR 4 if he or she was a joint-owner in house property.

In another change, those who deposited more than Rs 1 crore in bank account or spent Rs 2 lakh on foreign travel or paid Rs 1 lakh on electricity bill in a financial year were also barred from using the easy-to-fill return forms.

"By today's clarification, the government has maintained status quo. Now, the taxpayers can continue filing their returns in the same fashion in which they did last year," said Naveen Wadhwa, Deputy General Manager (DGM), Taxmann.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 22,2020

Jan 22: Microsoft Corp’s chief executive officer said he worries that mistrust between the US and China will increase technology costs and hurt economic growth at a critical time.

Using the $470 billion semiconductor industry as an example of a sector that is already globally interconnected, Satya Nadella said the two countries will have to find ways to work together, rather than creating different supply chains for each country.

“All you are doing is increasing transaction costs for everybody if you completely separate,” Nadella said in an interview with Bloomberg News Editor-in-Chief John Micklethwait at Bloomberg’s The Year Ahead conference in Davos. That’s a concern as the executive said the world is on the cusp of a revolution around technology and artificial intelligence.

“If we take steps back in trust or increase transaction costs around technology, all we are doing is sacrificing global economic growth,” he said.

The agreement signed last week between the US and China was “not sufficient,” said Nadella, but represented “progress” on the issue of intellectual property protections for US technology companies working with China.

Nadella said he worries about the development of two separate internets, noting that to some degree they already exist “and they will get amplified in the future” with massive technology companies already in place in China.

The viewpoint clashes with Microsoft co-founder Bill Gates, who has been sceptical about the idea that ongoing US-China trade tensions could ever lead to a bifurcated system of two internets.

China and the US are the two leading AI superpowers, however the cooling political relations between them have slowed the international collaboration.

Nadella also warned that countries that fail to attract immigrants will lose out as the global tech industry continues to grow. The CEO has previously voiced concern about India’s Citizenship Amendment Act, calling it “sad.”

“However, Nadella said he remained hopeful.

“The fact that there is a 70-year history of nation-building, I think it’s a very strong foundation. I grew up in that country. I’m proud of that heritage. I’m influenced by that experience.”

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
August 8,2020

New Delhi, Aug 7: With the highest single-day spike of 62,538 cases, India's COVID-19 count rose to 20,27,075 on Friday, said Union Ministry of Health and Family Welfare.

The total cases include 6,07,384 active cases, 13,78,106 cured/discharged/migrated, and 41,585 deaths, according to the Ministry of Health.

The country's COVID-19 positive cases crossed the 10 lakh mark on July 17 when the total positive cases stood at 10,03,832 in India.

Maharashtra with 1,46,268 active cases and 3,05,521 cured and discharged patients continues to be the worst affected. The state has also reported 16,476 deaths due to the infection.

Tamil Nadu has 54,184 active cases while 2,14,815 patients have been discharged after treatment in the state. 4,461 deaths have been reported due to COVID-19 in the state.

Total COVID-19 cases in Andhra Pradesh are 1,96,789 including 1,12,870 recoveries, 82,166 active cases, and 1,753 deaths, as per the last health bulletin.

Delhi reported 1,192 new COVID-19 cases and 23 deaths on Friday. The total count of cases in the national capital has risen to 1,42,723. 

According to the Health Department, a total of 1,108 recoveries have been reported in Delhi in the last 24 hours.

The total number of cases includes 1,28,232 recoveries, 10,409 active cases, and 4,082 deaths.

According to the official data, 5,612 RT-PCR/CBNAAT/TrueNat tests and 17,773 rapid antigen tests were conducted today.

A total of 11,43,703 test has been conducted so far. The Union Health Ministry said that India continues its track record of testing more than 6 lakh COVID-19 samples each day for the fourth successive day.

"Expanded diagnostic lab network and facilitation for easy testing across the country have given a boost, and with 6,39,042 tests conducted in the last 24 hours, India has done 2,27,88,393 tests presently. The Tests Per Million (TPM) has seen a sharp increase to 16,513," the ministry said.

As many as 473 new COVID-19 cases were reported in Jammu and Kashmir today; 128 from Jammu division and 345 from Kashmir division.

The total number of cases stood at 23,927 including 7,260 actives cases, 16,218 recoveries, and 449 deaths.

The government of Mizoram informed that 19 new COVID-19 cases were reported in the state, taking the total number of cases to 558.
The number of active cases is 270 while 288 people have been discharged. No death reported in the state to date.

Bihar Health Department said, 3646 new cases reported in the state on August 6. Total tally reaches 71,794.

Similarly, 244 new COVID-19 cases, 77 recoveries, and five deaths were reported in Puducherry on Friday, taking the total number of cases to 4,862, including 1,873 active cases, 2,914 recoveries, and 75 deaths.

1,063 new cases of COVID-19 cases, 381 recovered and 23 deaths reported in Punjab in the last 24 hours. State tally rises to 21,930 including 7,351 active cases, 14,040 cured/discharged and 539 deaths.

Meanwhile, 1,074 new cases of COVID-19 and 22 deaths reported in Gujarat in last the 24 hours. State tally rises to 68,885 including 14,587 active cases, 51,692 cured/discharged and 2,606 deaths, the State Health Department said.

According to the Union Health Ministry, West Bengal has 23,829 active cases with 1,902 deaths so far while, Karnataka has 75,076 active cases of the virus with 80,281 recovered and 2,897 deaths so far.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.