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Nirav Modi-PNB scam: SC defers hearing in PIL till Mar 15 after high courtroom drama

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Nirav Modi

A petition seeking a special investigation team (SIT) probe in the over Rs 11,000 crore “scam” involving diamantaire Nirav Modi and his transactions with the Punjab National Bank (PNB) triggering a verbal duel between the Supreme Court bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud and the petitioner, advocate Vineet Dhanda on Wednesday (February 21).

Dhanda’s petition, filed by his father – advocate JP Dhanda – on Tuesday, has made PNB, the Reserve Bank of India and the Union ministries of finance and law and justice parties in the case while seeking a direction for the initiation of deportation proceedings of Nirav Modi and others allegedly involved in the banking fraud, preferably within two months. It has also sought an investigation into the role of the top management of PNB in granting of loans to Nirav Modi and not being able to detect the alleged fraud. Directions from the top court to the Union finance ministry to frame guidelines on the grant and disbursal of loans involving big amounts has also been prayed for along with guidelines for framing of rules for the recovery of loans from the defaulters in a time-bound manner.

Following heated exchanges between the judges and Dhanda, during which Justice Chandrachud dubbed the petition as a “publicity interest litigation”, the top court decided to defer the hearing till March 15 when it will hear submissions by Attorney General KK Venugopal who has objected to the SIT probe and the petitioner’s other demand – the deportation of Nirav Modi.

During the course of the proceedings on Wednesday, the bench repeatedly reprimanded Dhanda while the Chief Justice too pulled him up for questioning Venugopal’s attempt at opposing the demand for an SIT probe.

Soon after the petition filed by Dhanda came up for hearing, Attorney General KK Venugopal opposed the demands made by the petitioner saying: “I am appearing for the Union Of India.We are opposing the petition. There is no need of intervention at this stage. This is a case in which FIRs have been filed, the investigation is on.”

However, Venugopal’s submissions did not go down well with Dhanda who shot back saying if a person takes a loan for Rs 1 lakh from a bank and defaults, he “suffers for not paying” but “the government is not doing anything when another person has walked away with Rs 11000 crore-worth of bank’s money”.

The petitioner asked the bench: “What does the AG mean by saying he is opposing” and added: “They (the government) should be answerable, the rich are escaping with money… a small man is hounded… Let him at least argue on issues.”

The Bench, however, denied Dhanda’s request for a notice to be issued to the centre on his petition, stating that since the Attorney General was present in the courtroom and was opposing the petition, there was no need at the moment for a notice to be issued to the centre.

As Dhanda continued with his demand, Chief Justice Misra shot back saying: “We are not here to hear speeches… you are just creating headlines, issuing notice is not your right”.

Observing that “by way of your petition, you are gaining publicity”, Justice Chandrachud told Dhanda: “It has become a fashion… you see something in the newspaper and then come and file a PIL.”

While Dhanda protested against the observations made by the Chief Justice and Justice Chandrachud, stating that he would withdraw his petition because the “Bench is insulting me”, Justice Khanwilkar intervened to say: “you can make legal arguments but do not make emotional arguments.”

Amid continuing outbursts by the petitioner, Chief Justice Misra asked: “the AG is opposing the petition on merits, shouldn’t we give him an opportunity to explain? Is investigation ordered in a day? These kinds of arguments – wholly emotional – you mean to say we must not hear the AG? (sic).”

Justice Chandrachud reiterated that Dhanda’s plea was “a publicity interest litigation” and said: “we must allow the government to investigate… if the government does not do, we can intervene. We cannot intervene like this… These are all PILs which play for the gallery.”

Dhanda shot back at the Bench claiming that he had been practicing law for the past 16 years and did not need publicity.

The Chief Justice then adjourned the hearing in the case till March 15.

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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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