Unnao rape: SC orders Rs 25L compensation to survivor

Agencies
August 1, 2019

New Delhi, Aug 1: The Supreme Court on Thursday directed the transfer of all five cases registered in connection with the Unnao rape incident from a court in Uttar Pradesh to a court in the national capital.

The apex court also directed the Uttar Pradesh government to provide Rs 25 lakh to the rape survivor as interim compensation.

Besides, it directed the CBI to complete within seven days the investigation of the fifth case relating to the last Sunday's accident in which the woman and her lawyer were critically injured and two of her aunts killed.

A bench headed by Chief Justice Ranjan Gogoi made it clear that the agency can only seek an extension of an additional seven days time for probe in the accident case and that too in exceptional circumstances.

The bench, also comprising Justices Deepak Gupta and Aniruddha Bose, directed that the trial in the main case relating to the rape of the survivor will have to be completed within 45 days from its commencement.

The top court said that the name of the presiding judge for the trial of the cases will be decided after an in-chamber consultation.

The apex court said it was passing an exparte order without the representation of the accused persons to ensure expeditious investigation and trial in the cases keeping in view the peculiar facts and circumstances of the case.

The bench said it will not entertain any plea seeking to vacate or alter the order passed today.

The apex court directed that the survivor, her mother and other members of the family will be provided security by the CRPF and an officer of the level of commandant will file a compliance report forthwith.

The court also took note of the oral instructions received by the CBI from the doctors of the King George Medical College Hospital that both the survivor and her lawyer are in a condition to be airlifted to AIIMS, New Delhi.

It will, however, pass the order in this regard after receiving instruction from their family members.

The court will hear the case again on Friday during which it will also hear a plea moved on behalf of Mahesh Singh, the survivor's uncle who has been lodged in a jail in Rae Bareilly, to be shifted to a jail in the capital.

Singh's wife was also in the ill-fated car and had died in the accident.

He participated in her cremation on Wednesday after the Allahabad High Court granted him parole for a day.

CBI, which has taken over the investigation into Sunday's road accident, booked 10 people for murder, including BJP legislator Kuldeep Singh Sengar, who is already in jail, charged with the rape of the Unnao woman when she was a minor in 2017.

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News Network
February 14,2020

London, Feb 14: Liquor tycoon Vijay Mallya once again asked the Indian banks to take back 100 per cent of the principal amount owed to them at the end of his three-day British High Court appeal on Thursday against an extradition order to India.

The 64-year-old former Kingfisher Airlines boss, wanted in India on charges of fraud and money laundering amounting to an alleged Rs 9,000 crores in unpaid bank loans, said the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) are fighting over the same assets and not treating him reasonably in the process.

“I request the banks with folded hands, take 100 per cent of your principal back, immediately,” he said outside the Royal Courts of Justice in London.

“The Enforcement Directorate attached the assets on the complaint by the banks that I was not paying them. I have not committed any offenses under the PMLA (Prevention of Money Laundering Act) that the Enforcement Directorate should suo moto attach my assets," he said.

"I am saying, please banks take your money. The ED is saying no, we have a claim over these assets. So, the ED on the one side and the banks on the other are fighting over the same assets,” he added.

Asked about heading back to India, he noted: “I should be where my family is, where my interests are.

"If the CBI and the ED are going to be reasonable, it’s a different story. What all they are doing to me for the last four years is totally unreasonable.”

Lord Justice Stephen Irwin and Justice Elisabeth Laing, the two-member bench presiding over the appeal, concluded hearing the arguments in the case and said they will be handing down their verdict at a later date after considering the oral as well as written submissions in the “very dense” case over the next few weeks.

On a day of heated arguments between Mallya’s barrister, Clare Montgomery, and Crown Prosecution Service (CPS) counsel Mark Summers, arguing on behalf of the Indian government, both sides clashed over the prima facie case of fraud and deception against Mallya.

“We submit that he lied to get the loans, then did something with the money he wasn’t supposed to and then refused to give back the money. All this could be perceived by a jury as patently dishonest conduct,” said Summers.

“What they [Kingfisher Airlines] were saying [to the banks] about profitability going forward was knowingly wrong,” he said, as he took the High Court through evidence to counter Mallya’s lawyers’ claims that Westminster Magistrates Court Judge Emma Arbuthnot had fallen into error when she found a case to answer in the Indian courts against Mallya.

Mallya, who remains on bail on an extradition warrant, is not required to attend the hearings but has been in court to observe the proceedings since the three-day appeal opened on Tuesday. A key defence to disprove a prima facie case of fraud and misrepresentation on his part has revolved around the fact that Kingfisher Airlines was the victim of economic misfortune alongside other Indian airlines.

However, the CPS has argued that “there is enough in the 32,000 pages of overall evidence to fulfil the [extradition] treaty obligations that there is a case to answer”. “There is not just a prima facie case but overwhelming evidence of dishonesty… and given the volume and depth of evidence the District Judge [Arbuthnot] had before her, the judgment is comprehensive and detailed with the odd error but nothing that impacts the prima facie case,” said Summers.

At the start of the appeal, Mallya’s counsel claimed Arbuthnot did not look at all of the evidence because if she had, she would not have fallen into the multiple errors that permeate her judgment. The High Court must establish if the magistrates’ court had in fact fallen short on a point of law in its verdict in favour of extradition.

Representatives from the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI), as well as the Indian High Commission in London, have been present in court to take notes during the course of the appeal hearing.

Mallya had received permission to appeal against his extradition order signed off by former UK home secretary Sajid Javid last February only on one ground, which challenges the Indian government's prima facie case against him of fraudulent intentions in acquiring bank loans.

At the end of a year-long extradition trial at Westminster Magistrates’ Court in London in December 2018, Judge Arbuthnot had found “clear evidence of dispersal and misapplication of the loan funds” and accepted a prima facie case of fraud and a conspiracy to launder money against Mallya, as presented by the CPS on behalf of the Indian government.

Mallya remains on bail since his arrest on an extradition warrant in April 2017 involving a bond worth 650,000 pounds and other restrictions on his travel while he contests that ruling.

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Agencies
August 7,2020

New Delhi, Aug 7 : Congress leader Rahul Gandhi on Friday slammed the Central government as India crossed the 20 lakh COVID-19 positive cases.

Taking to Twitter, the Congress leader reiterated his earlier tweet, sent out on July 17, which stated "The 10,00,000-mark has been crossed.

With the rapid spread of COVID-19, by August 10, more than 20,00,000 will be infected in the country. 

The government must take concrete, planned steps to stop the epidemic."
"20 lakh-mark has been crossed, Modi government is missing," the Congress leader tweeted today.

The Union Health Ministry has said active cases as a percentage of total cases have seen a significant drop from 34.17 per cent on July 24 to 30.31 per cent.

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Agencies
January 1,2020

New Delhi, Jan 1: On the New Year's eve, the railways announced fare hike across its network effective from January 1, 2020, according to an order issued on Tuesday.

While suburban fares remain unchanged, ordinary non-AC, non-suburban fares were increased by 1 paise per km of journey.

The railways also announced a two paise/km hike in fares of mail/express non-AC trains and four paise/km hike in the fares of AC classes.

The fare hike is also applicable to premium trains such as Shatabdi, Rajdhani and Duronto, according to the order.

In the Delhi-Kolkata Rajdhani, which covers a distance of 1,447 km, the hike at the rate of 4 paise per km will be around Rs 58.

According to the order, there will not be any change in the reservation fee and superfast charge and the hike in fares will not be applicable to tickets already booked.

The last such hike was announced in 2014-2015 when fares of all classes of trains were raised by 14.2 per cent and freight charges by 6.5 per cent. However, since then, the railways introduced the flexi-fare scheme which significantly raised fares on select trains and launched trains like Vande Bharat Express and Tejas Express which have relatively higher fares. Trains with dynamic pricing like Suvidha Express were also introduced.

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