Sohrabuddin killing case: Lawyers' body files PIL against CBI

Agencies
January 19, 2018

Mumbai, Jan 19: A city-based lawyers' association today filed a public interest litigation in the Bombay High Court against the CBI decision not to challenge a lower court order discharging BJP president Amit Shah in the Sohrabuddin Shaikh fake encounter case.

In the PIL, the Bombay Lawyers Association has urged the High Court to issue a direction to the CBI to file revision application challenging the sessions court order discharging Shah.

The petitioner's lawyer Ahmad Abidi said the plea would be mentioned before a division bench of justices S C Dharmadhikari and Bharti Dangre on January 22.

"The CBI is a premier investigating agency. It has public duty to observe the rule of law in its action which it has miserably failed," the petition said.

It submitted that the trial court had similarly discharged two Rajasthan Police Sub Inspectors Himanshu Singh and Shyam Singh Charan and senior Gujarat Police officer N K Amin.

"The petitioner has learnt that the CBI has challenged their discharge before the high court. This act of the CBI in challenging discharge of the accused persons on selective basis is arbitrary and unreasonable, rather malafide," it alleged.

The petition claimed that the Supreme Court, while transferring the trial in the case from Gujarat to Mumbai, had ordered that it to be concluded expeditiously.

"The Supreme Court had said the Administrative Committee of the high court would assign the case to a court where the trial may be concluded judiciously, in accordance with the law, and without any delay. The Administrative Committee would also ensure that the trial should be conducted from beginning to end by the same officer, the apex court had said in its order," it said.

Sohrabuddin Shaikh, alleged to be a terrorist, was killed in an alleged fake encounter by the Gujarat and Rajasthan police along with his wife Kauser Bi and his associate Tulsi Prajapati in 2005.

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Agencies
March 16,2020

New Delhi, Mar 16: Chief Justice of India Sharad Arvind Bobde on Monday said that rules for preventing overcrowding in the courts to avoid the spread of coronavirus cannot be relaxed for journalists alone on the basis of profession.

"Can't make an exception on the basis of profession," CJI Bobde said while asking journalists to share information and notes and suggesting that a system can be put in place to facilitate daily media briefing by Secretary-General.

Video conferencing facility being contemplated may be brought into place but not sooner than one week from now and reporters may take turns to attend hearings, CJI Bobde said.

He said that the court does not wish to prevent any reportage.

Attorney General KK Venugopal and Solicitor General Tushar Mehta informed the Chief Justice of India about the crowded corridors on account of restricted entry inside courtrooms.

CJI Bobde said that he himself wishes to assess and take stock of the situation and may do so tomorrow at 10.30 am.

This comes after the top court introduced several precautionary measures to prevent the spread of coronavirus and allowed only restricted entry of lawyers, litigants, and journalists in the courtroom.

Thermal-screening of the lawyers, litigants, and media persons were also conducted in the Supreme Court on Monday amid coronavirus fears.

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Agencies
June 29,2020

New Delhi, Jun 29: The Supreme Court on Monday asked the Central government to find out the facts related to blacklisting and canceling of visas of foreign nationals who attended the congregation of Tablighi Jamaat in Nizamuddin area here.

A three-judge bench headed by Justice AM Khanwilkar and also comprising Justices Dinesh Maheshwari and Sanjiv Khanna asked the Centre to find out the facts related to the matter and fixed it for further hearing on July 2.

The apex court asked Solicitor General Tushar Mehta "if visas of these foreigners are canceled, then why are they still in India?"

"You (Centre) can deport them. If visas are not canceled, then, it is a different situation," the court said. The top court was hearing a number of petitions challenging blacklisting and cancellation of visas filed by few foreigners.

Mehta sought more time to file a reply on the matter, after which the court posted the matter for further hearing on July 2.

The petitions, filed by the foreign nationals from 35 countries, have sought directions to the Ministry of Home Affairs (MHA) to remove their names from the blacklist, reinstate their visas and facilitate their return to their respective countries.

The petitions sought to declare the decision of the MHA of blacklisting the foreign nationals who attended the Tablighi Jamaat congregation as "arbitrary".

"Unilateral blacklisting of 960 foreigners by the Home Ministry vide press release dated April 2, 2020, and the subsequent blacklisting of around 2500 foreigners as reported on June 4, 2020, is in violation of Article 21. Therefore, it is void and unconstitutional as the petitioners have neither been provided any hearing nor notice or intimation in this regard," the plea said.

One of the petitioners named Fareedah Cheema, a Thai national in the seventh month of her pregnancy, said she was quarantined in March, like other foreign nationals but was released from quarantine only in late May and is still at a facility under restricted movements, without the avenue to go back to her home nation and experience the birth of her child with security and dignity, with her loved ones.

These foreign nationals presently in India were blacklisted for a period of 10 years from traveling to India for their alleged involvement in Tablighi Jamaat activities.

The Home Ministry had said that foreign Tablighi Jamaat members, who were staying in India in violation of visa rules during the nationwide lockdown implemented to combat the COVID-19 spread, have been blacklisted.
A large congregation organised by Tablighi Jamaat in the national capital in March had emerged as a major COVID-19 hotspot in the country.

The government had said the decision of banning the foreign Tablighi Jamaat members was taken after details of foreigners found illegally living in mosques and religious places emerged from various states across the country.

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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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