26/11: Pak court terms judicial panel report illegal

July 18, 2012

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Islamabad, July 18: In a setback to the prosecution of seven suspects charged with involvement in the 26/11 Mumbai attacks, a Pakistani court on Tuesday ruled that all findings of a judicial commission that visited India were illegal and could not be made part of the evidence against the accused.

Chaudhry Habib-ur-Rehman, the judge of the Rawalpindi-based anti-terrorism court No 1, said in an order that all the proceedings and the report of the Pakistani judicial commission that visited Mumbai in March were “illegal”.

“The judge ruled that the commission’s report is illegal and could not be made part of the records for the case,” said Khwaja Haris Ahmed, counsel for Lashkar-e-Toiba commander Zakiur Rehman Lakhvi, one of the seven accused.

“The court has the right to examine whether the working and report of a commission was duly executed and in this case it ruled that the report was not duly executed. The report will not be read in evidence,” Ahmed said.

The lawyers defending the accused had opposed the report of the Pakistani commission, saying it had “no legal value” as the panel was not allowed to cross-examine witnesses during the visit to Mumbai.

The eight-member commission, which included prosecutors and defence lawyers, visited Mumbai and interviewed a judge, a senior police officer and two doctors who conducted the autopsies of the terrorists involved in the attacks and their victims.

Indian officials had said that cross-examination of the witnesses was not allowed in line with an agreement between New Delhi and Islamabad.

Chief prosecutor Chaudhry Zulifqar Ali had earlier told the court that another commission could be sent to India after ensuring that it would be allowed to cross-examine witnesses.

In response to this, Judge Rehman on Tuesday observed that if India and Pakistan could reach some new agreement that would allow the cross-examination of witnesses, the prosecution could move an application to send another commission to Mumbai. The judge adjourned the case till July 21.

Sources said the court’s ruling could have an adverse effect on the prosecution of the seven suspects charged with planning, financing and executing the terror attacks in Mumbai that killed 166 people in November 2008.

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News Network
April 21,2020

New Delhi, Apr 21: Tablighi Jamaat leader Maulana Saad Kandhalvi, who has been booked by the Delhi Police for holding a religious congregation here during the lockdown, on Monday urged the followers of the organisation to pray at home in the month of Ramzan.

"I request all, both in India and abroad, to strictly follow the guidelines and instructions of the local or national governments and till the time restrictions are in place and please observe prayers at home. And even in this, we should not invite people from outside," he said in a statement.

Ramzan begins later this week.

While addressing an online briefing on Sunday, Chief Minister Arvind Kejriwal cited the Tablighi Jamaat congregation last month, a major hotspot, and the large inflow of travellers from other countries to Delhi as the reasons for the spread of the virus, and said the city was "fighting a difficult battle".

The Delhi Police crime branch, had on March 31, lodged an FIR against seven people, including the cleric, on a complaint by the Station House Officer of Nizamuddin police station for holding the congregation in alleged violation of the orders against large gatherings to contain the spread of coronavirus.

Later, the Indian Penal Code Section 304 (culpable homicide not amounting to murder) was added to the FIR.

The cleric is wanted by the Delhi Police and he responded twice to them. He is currently under home quarantine.

In an audio message released earlier this month, Kandhalvi had said he was exercising self-quarantine after several hundreds who visited the congregation at Nizamudddin Markaz tested positive for coronavirus.

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News Network
May 25,2020

New Delhi, May 25: Realtors' apex body CREDAI has written a letter to Prime Minister Narendra Modi, seeking immediate relief measures to tide over the crisis caused by the COVID-19 pandemic.

The association, which has around 15,000 developer members, has sought one-time debt restructuring, lower interest rate on home loans and tax sops to boost liquidity and demand in the sector.

In an open letter to the prime minister, the Confederation of Real Estate Developers' Associations of India (CREDAI) said, "In this distressful situation arising out of the COVID-19 calamity, we in the real estate sector seek immediate relief for our survival."

Stating that the sector contributes substantially to the country's GDP and has backward and forward linkages with almost 250 industries, CREDAI said, "Our survival, therefore, is not just desirable, it is rather crucial for the economy."

Liquidity crunch, stagnant demand and cartelization of raw materials are major impediments for the industry to kickstart, it added.

CREDAI made seven recommendations to revive the sector and sought immediate intervention from the prime minister.

Pointing out that the situation is "much worse" than global financial crisis in 2008, CREDAI said "a one-time restructuring scheme as was permitted by RBI in 2008 may be quickly instituted by all lending institutions."

Since real estate was already reeling under a cyclical downturn before COVID-19, debt restructuring needs to be allowed for all accounts which were standard as on December 31, 2019, it added.

CREDAI demanded that all banks, non-banking financial companies (NBFCs) and housing finance companies (HFCs) should be directed to provide additional credit equal to 20 per cent of the existing real estate project related advances with no additional security and without the classification of project as NPA.

The penal interest charged by banks and financial institutions should be suspended for a period of one year or until such time as it takes for the pandemic to abate.

To revive housing demand, CREDAI suggested that "government should reduce the maximum rate of interest on new home loans to 5 per cent by subsidizing the interest component of EMIs for next five years."

The limit of principal deduction on housing loan under Section 80C should be increased to 2.5 lakh.

Interest deduction under Section 24 on housing loan for homebuyers may be increased to Rs 10 lakh, it said.

There should be no capital gains for residential properties held for a period longer than one year.

CREDAI also demanded that the subvention scheme be allowed again by National Housing Bank (NHB) and the Reserve Bank.

Under the scheme, builders used to pay EMIs on behalf of homebuyers during construction of projects.

"The economic uncertainty and job insecurity at the moment would not allow purchase of residential property at this time. A scheme whereby a homebuyer would need to pay only margin money with no EMI for 24 months will address this insecurity," the letter said.

The association pointed out that prices of cement and steel have been increased during the lockdown period, and asked for crackdown on cartelisation by manufacturers.

On the GST front, CREDAI said that the current regime of GST provides a rate of 1 per cent  for affordable housing.

"The limit of Rs 45 lakh serves as a criterion of affordability for the purpose of GST. On all other housing, GST is applied at the rate of 5 per cent without input tax credit. It has been felt that the criterion of Rs 45 lakh is too low an index of affordability anywhere across the country, and especially so in the metros," the letter said.

It will serve as an inducement to buyers in the metros if the benefit of GST at the rate of 1 per cent is extended to units costing up to Rs 75 lakh, the association said.

CREDAI pointed out that the flat rate of 5 per cent GST for under construction residential housing is causing cost build up and is acting as a deterrent for sale of under construction projects since there is no GST on completed units.

It suggested that GST rate of 1 per cent and 5 per cent, without input tax credit, should continue.

"However, an option of GST @12 per cent for normal housing/ 8 per cent for affordable housing (with 1/3rd deduction for land i.e. effective GST rate of 8 per cent for normal housing and effective GST rate of 5 per cent for affordable housing) with input tax credit (ITC) benefits in line with the scheme applicable for the works contracts for government may be revived and made applicable to the real estate," the letter said.

Lastly, CREDAI demanded that a Rs 25,000 crore stress fund for completing stalled housing projects should be deployed at the earliest.

"We shall be grateful for your much-needed intervention for the above mentioned measures required to revive the real estate sector," CREDAI said in the letter to the PM.

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Agencies
July 23,2020

Ayodhya, Jul 23: All 32 accused in the Babri mosque demolition case should be invited to the "bhumi pujan" ceremony for the construction of the Ram temple here and honoured, a Hindutva outfit leader has said.

Hindu Dharma Sena president Santosh Dubey is one of the main accused in the case.

Dubey also insisted that the Shri Ram Janmabhoomi Teertha Kshetra Trust must also invite all the four Shankaracharyas to the ceremony planned on August 5.

Prime Minister Narendra Modi is also likely to attend the event.

"The office bearers of Ram Janmabhoomi Teerth Kshetra must ensure that along with all 32 accused in the Babri mosque demolition case, the families of the kar sevaks who gave their lives in the Ram Temple movement must also be invited to the 'bhumi pujan' ceremony and must be honoured there," Dubey told PTI.

The top court verdict in favour of the Ram temple at the site would not have been possible had the Babri mosque not been demolished, he said.

"If the Trust does not invite the kar sevaks, it will a display of ego and arrogance. Without inviting the kar sevaks who have been accused in Babri mosque demolition and the families of the slain kar sevaks, the 'bhumi pujan' will remain incomplete," Dubey added.

A special CBI court in Lucknow is recording the statements of the 32 Babri demolition accused under section 313 of the CrPC, which enables them to plead their innocence, if they so want.

The court is conducting day-to-day hearings to complete the trial by August 31 as directed by the Supreme Court.

The mosque in Ayodhya was demolished on December 6, 1992 by 'kar sevaks' who claimed that an ancient Ram temple had stood on the same site. Former deputy prime minister L K Advani and BJP leader Murli Manohar Joshi were leading the Ram temple movement at that time.

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