US Judge denies Devyani's request to extend Jan 13 hearing

January 9, 2014
New York, Jan 9: In a major setback to Indian diplomat Devyani Khobragade, a federal judge has denied her request to extend the January 13 deadline for a preliminary hearing, the date by which she has to be indicted.

Devyani

Magistrate Judge Sarah Netburn of the US District Court for the Southern District of New York said adjournment of the date will not grant her the "relief she seeks" regarding plea negotiations between her and the government to resolve the visa fraud case.

An indictment or information charging the defendant with the commission of an offence must be filed within 30 days of the date of the defendant's arrest or service of a summons in connection with such charges, she said in her order.

Any adjournment of the preliminary hearing date will not have any impact on the filing of the indictment.

"The defendant has requested only that the preliminary date be adjourned for 30 days for good cause shown... Because a modification of the hearing date will not itself alter the time period for the filing of an indictment or information, the defendant's concerns regarding the pressures of an impending indictment on plea negotiations will not grant her the relief she seeks."

"Therefore, good cause has not been demonstrated, and the defendant's request for an adjournment of the preliminary hearing date is Denied," Netburn said in her three-page order issued late yesterday.

She said since Khobragade was arrested on December 12, 2013, she "must be indicted (or an information by the government must be filed against her)" by January 13.

"Therefore, an extension of the preliminary hearing date ...will not relieve the pressure identified by the defendant. Moreover, the defendant cannot extend Speedy Trial time limits merely by filing a waiver."

"The Speedy Trial Act is not solely a protection for the defendant," Netburn said in her judgement, " it is also designed to serve the public's interest in a speedy trial of those charged with federal criminal offences."

The order means the indictment against Khobragade will now have to filed before or on January 13.

Her lawyer Daniel Arshack had sought postponement of the preliminary hearing date and extension of the indictment deadline by 30 days "to and including February 12, 2014".

He had said that the extension is being sought in order to facilitate the plea discussions that have been ongoing between his office and Khobragade.

Netburn ruled that "an adjournment of the preliminary hearing date will not grant the defendant the relief she (Khobragade) seeks."

A 1999-batch IFS officer, Khobragade was arrested on charges of making false declarations in a visa application for her maid Sangeeta Richard. She was released on a USD 250,000 bond.

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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
June 24,2020

New Delhi, Jun 24: Over 1,500 urban and multi-state cooperative banks will be brought under the supervisory power of the Reserve Bank of India (RBI), said Union Minister Prakash Javadekar on Wednesday.

"Government banks, including 1,482 urban cooperative banks and 58 multi-state cooperative banks, are now being brought under supervisory powers of Reserve Bank of India (RBI); RBI's powers as they apply to scheduled banks will apply for cooperative banks as well," Javadekar said at a press conference, through video conferencing.

"The decision to bring 1,540 cooperative banks under RBI's supervision will give an assurance to more than 8.6 crore depositors in these banks that their money amounting to Rs 4.84 lakh crore will stay safe," he added.

The Minister of Information and Broadcasting further said that the Union Cabinet has approved a scheme "for interest subvention of 2 per cent to Shishu loan category borrowers under Pradhan Mantri Mudra Yojana, outstanding as on March 31, 2020, for one year to eligible borrowers."

The Minister also said that the Union Cabinet has approved the declaration of Kushinagar Airport in Uttar Pradesh as an international airport.

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News Network
January 7,2020

New Delhi, Jan 7: The Delhi Police has filed an FIR against JNUSU president Aishe Ghosh and 19 others for allegedly attacking security guards and vandalising the server room of the Jawaharlal Nehru University (JNU) on January 4.

The police registered the FIR on January 5.

In the complaint filed by the JNU administration, the University alleged that the accused were involved in physical violence and pushed the women guards, verbally abused them and threatened them of dire consequences if they opened the lock of university's communication and information (CIS) office.

"They illegally trespassed the University property with the criminal intention to damage the public property. They damaged servers and made it dysfunctional. They also damaged fiber optic power supplies and broke the biometric systems inside the room," the University officials alleged.

This incident allegedly occurred a day before Aishe Ghosh, other JNU students and teachers were attacked by a masked mob inside the campus.

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