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Delhi High Court rejects CBI Spl Director Rakesh Asthana’s plea for quashing cases

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Rakesh Asthana

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The Delhi High Court today (Friday, Jan 11) dismissed the pleas of CBI Special Director Rakesh Asthana and suspended DSP Devender Kumar seeking quashing of FIR against them on bribery allegations and extortion.

The court said the allegation of mala fide raised against the then CBI Director Alok Verma is not made out. Verma was yesterday removed as CBI director in a 2:1 decision by the Select Committee headed by Prime Minister Narendra Modi on grounds of a report by Central Vigilance Commission listing allegations levelled by Asthana against him.

Verma, who was posted as Director General, Fire Services, Civil Defence & Home Guards for the residual period of his present term ending on January 31, 2019, has declined to take up the post and said that he has superannuated and was continuing as CBI chief because of the fixed two-year tenure for that post.

Meanwhile, interim CBI director M Nageswara Rao today revoked all transfer decisions taken by Alok Verma restoring the position of officials as on January 8.

In his order against Asthana today, Justice Najmi Waziri also vacated the October 23, 2018 interim order directing the agency to maintain “status quo” on proceedings against Asthana, who had sought directions for no coercive steps in connection with a case of alleged bribery.

The court was hearing petitions filed by the three challenging the First Information Report or FIR in which Asthana was charged with criminal conspiracy, corruption and criminal misconduct.

The court further said the investigation into the FIR against four, including Asthana, be completed within 10 weeks time.

It ruled that the sanction to prosecute Asthana and Devender Kumar was not required in the matter, keeping the facts of this case in view.

The court had reserved the judgment on December 20, 2018, on various petitions after hearing submissions of counsel for the CBI, Asthana, agency director Alok Verma, Deputy Superintendent Devender Kumar, and Joint Director AK Sharma.

Asthana, Kumar and an alleged middleman Manoj Prasad had moved court seeking the quashing of the FIR against them.

The FIR was filed after Hyderabad-based businessman Sathish Babu Sana claimed he had paid bribes to get relief in a case related to meat-exporter Moin Qureshi and made allegations of corruption and extortion against Asthana.

Sana alleged he paid bribe to get relief in a money laundering case involving meat exporter Moin Qureshi. Rakesh Asthana, a 1984-batch IPS officer of the Gujarat cadre, is accused of accepting a bribe of Rs. 2 crore from Sana.

Kumar, earlier the investigating officer in a case involving Qureshi, was arrested in the case on October 22, 2018 and was granted bail a week later. Prasad was arrested on October 17, 2018, and he was granted bail on December 18, 2018.

Besides seeking to summon records of the FIR and related documents, Asthana and others had sought quashing of the FIR lodged against them on October 15, 2018, under various sections of the IPC and Prevention of Corruption Act.

Also Read: Alok Verma first CBI director to be removed by Select Committee’s 2:1 decision

Asthana had told the court he was maliciously harassed and there was no evidence against him and the bribery case is a backlash to complaints of criminal misconduct against Alok Verma.

Alok Verma’s resignation letter

Alok Verma, who was removed as CBI director by the PM-led selection panel on Thursday, said in his resignation letter that it was a moment of “collective introspection”.

“Also, it may be noted that the undersigned already superannuated as on July 31, 2017 and was only serving Government as director, CBI till January 31, 2019, as the same was fixed tenure role. The undersigned is no longer director, CBI and has already crossed the superannuation age for DG Fire Service, Civil Defence and Home Guards. Accordingly, the undersigned may be deemed as superannuated with effect from today,” Verma said in his letter to Secretary, Department of Personnel and Training.

Verma, a 1979-batch IPS officer from AGMUT cadre, was transferred from the position of CBI Director to Director General, Fire Service, Civil Defence and Home Guards under the home ministry Thursday.

Alok Verma had claimed that he was transferred on the basis of “false, unsubstantiated and frivolous allegations” made by only one person who was inimical to him.

In a statement late last night, Verma had said that the CBI being a prime investigating agency dealing in corruption in high public places is an institution whose independence should be preserved and protected.

Also Read:CBI Director Verma’s ouster, unanswered questions, Kharge’s note, Rafale and other cases on CBI Director’s table for probe

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India News

Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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