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Supreme Court notices on Kashmir bar chief’s plea against detention order

The plea contended that the High Court verdict is ex facie unsustainable in law as it is premised on stale, irrelevant, remote, vague, imprecise and deficient grounds of detention.

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Mian Abdul Qayoom

New Delhi, June 26 : The Supreme Court on Friday issued notices to the Centre and the Jammu and Kashmir administration on Jammu and Kashmir High Court Bar Association President Mian Abdul Qayoom”s petition to challenge a High Court order of May 28 that upheld his detention.

In an interim direction, a bench comprising Justices Sanjay Kishan Kaul and BR Gavai also directed the Tihar Jail authorities to provide summer clothing and daily essentials to Qayoom while he is under detention.

Senior Advocate Dushyant Dave, representing Qayoom, contended before the top court that his client was brought from the Union Territory to Tihar, and therefore had only winter clothing.

The apex court has listed the matter for further hearing in July.

Qayoom was detained under the Public Safety Act ahead of the revocation of Article 370 and 35A in the then state of Jammu and Kashmir on August 5 last year.

The plea contended that the High Court verdict is ex facie unsustainable in law as it is premised on stale, irrelevant, remote, vague, imprecise and deficient grounds of detention.

“In Paras 23 and 28 of the impugned judgment, the High Court makes it abundantly clear that the detention order has been upheld solely on one ground — the four FIRs dating back to 2008 and 2010 — as enumerated in the detention order. These FIRs are stale, irrelevant and have no proximate, pertinent or live link to the present, and are thus superfluous and extraneous to the satisfaction required in law qua the tendency or propensity to act in a manner prejudicial to public order,” the petitioner averred.

The plea contended that the constitutional imperative of Article 22(5) of the Constitution requires that in addition to the grounds, all the facts and material based on which a preventive detention order has been passed shall be supplied to the detenu. “In the present case, the detenu/petitioner was undisputably supplied with only 10 leaves, which included copies of PSA warrant, grounds of detention, the four FIRs of 2008 and 2010, and a letter addressed to the detenu,” claimed the petitioner.

Qayoom argued that he is more than 70 years of age and suffering from life-threatening heart ailments with arterial blockade to the extent of 55-60%, and uncontrolled blood sugar apart from living with a single kidney that is further aggravated by urethral stricture.

“Furthermore, because of the bullet injury sustained in 1995, the detenu suffered cervical vertebral column injury and there is a degeneration in cervical and limb spine for which the detenu is on medication,” said the plea.

India

Re-live India’s Freedom Movement with Films Division this Independence Day

The story of Indian patriots, from the time of the Mutiny of 1857 (the First War of Independence) to the martyrdom of Mahatma Gandhi is pictorially recorded.

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Mahatma Gandhi Statue

Delhi, 14 AUG : On the occasion of 74th Independence Day, Films Division has painstakingly collected the rare footages of India’s glorious Freedom Movement. Two documentary films – ‘India wins Freedom’ (22min/B&W/Eng./1985) and ‘India Independent’ (20 min/B&W/Eng./1949) will be screened on 15th August 2020 to mark the celebration of Independence Day.

‘India wins Freedom’ is a part of India’s Struggle for Freedom series, that deals with the arrival of the new Governor General Lord Mountbatten and the several events that took place leading to the transfer of power from the King’s Government to the people of India on August 15.

The film ‘India Independent’ depicts India’s prolonged struggle for freedom. It recreates on screen the history of foreign rule in India for nearly two hundred years. The story of Indian patriots, from the time of the Mutiny of 1857 (the First War of Independence) to the martyrdom of Mahatma Gandhi is pictorially recorded.

In addition to this, 14 select films of the Films Division, dedicated to Independence Movement and patriotic spirit are being showcased in an initiative of National Film Development Corporation (NFDC) in the ‘Online Patriotic Film Festival’ running from August 7- 21, 2020. This festival, as a part of Independence Day Celebrations 2020 by Ministry of Information and Broadcasting, is streaming at ‘www.cinemasofindia.com’ for free.

To reignite the spirit of patriotism please visit Films Division website https://filmsdivision.org/ and click on “Documentary of the Week” section or follow FD YouTube Channel, https://www.youtube.com/user/FilmsDivision or log on to ‘www.cinemasofindia.com’ to watch these special films on Independence day.

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Cities

35 Delhi Police officers conferred Police Medal for their services

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delhi police caps

New Delhi, Aug 15 : Thirty five Delhi Police officers have been conferred police medal for their services during Independence Day celebrations. Out of all, 16 officers were awarded police medal for gallantry, three received president’s police medal for distinguished service and 16 got police medal for meritorious service.

Deputy Commissioner of Police (DCP) Manishi Chandra, Assistant Commissioner of Police (ACP) Govind Sharma, Inspector Vinay Kumar, Inspector Sanjay Gupta, Inspector Rajesh Kumar, Inspector Kailash Singh Bisht, and Dharmendra Kumar, Inspector Ravinder Joshi and Vinod Badola, ASI Shiv Yadav, SI Ajaibeer Singh, SI Devender Singh, Sub-Inspector (SI) Banay Singh and Late Inspector Mohan Chand Sharma (posthumously) have been awarded president’s police medal for gallantry.

Special Commissioner of Police (Intelligence) Rajesh Khurana, ASI Mahesh Singh Yadav and ASI Bhupender Singh have been awarded president’s police medal for distinguished service, while the DCP Amit Roy, DCP Anil Kumar Lall, DCP Mohammad Irshad Haider, ACP Nirmala Devi, ACP kailash Chandra, ACP Rajesh Gaur, ACP Chandra Kanta, Inspector Narender Kumar, Rakesh Kumar and Pramod Kumar, ASI Manju Chauhan, SI Nirmala Devi, ASI Rakesh Kumar Sharma and ASI Sita Ram Yadav, HC Sudhir Kumar and Mukesh Kumar have been conferred police medal for meritorious service.

DCP Manishi Chandra along with Inspector Ravinder Joshi, Inspector Vinod Kumar Badola and SI Banay Singh have been awarded for their bravery while encounter with dreaded criminal Surinder Malik alias Neetu Dabodha on October 24, 2013.

Inspector Mohan Chand Sharma, who was killed during ‘Batla House’ encounter in 2008, has been awarded a police gallantry medal posthumously for the seventh time on the occasion of Independence Day. Inspector Sharma was conferred with Ashok Chakra, India’s highest peacetime gallantry award, in 2009. He was also a part of an operation in Jammu where he and his team confronted JEM militants in 2007.

IPS Rajesh Khurana, recently posted as Special Commissioner of Police (Intelligence), in Delhi, has been awarded president’s police medal for distinguished service. He joined Indian Police Service in 1994 and began his professional career as ACP in Central District, Delhi.

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India

No Material Found Against P Chidambaram In 63 Moons Case, Says CBI

CBI lawyer Hiten Venegavkar told a division bench of Justices Sadhana Jadhav and N J Jamadar that the complaint filed by the firm has been forwarded to the Chief Vigilance Officer of the Department of Economic Affairs.

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chidambaram

Mumbai: The CBI on Thursday told the Bombay High Court that it did not find any material to substantiate the allegations made by 63 moons technologies against former finance minister P Chidambaram and two others.

CBI lawyer Hiten Venegavkar told a division bench of Justices Sadhana Jadhav and N J Jamadar that the complaint filed by the firm has been forwarded to the Chief Vigilance Officer of the Department of Economic Affairs.

The court was hearing a petition filed by the Jignesh Shah-promoted company, earlier known as Financial Technologies Ltd, questioning “delayed” action by the Central Bureau of Investigation against Chidambaram and bureaucrats K P Krishnan and Ramesh Abhishek.

On February 15, 2019, 63 moons technologies filed a complaint with the CBI. It alleged that the senior Congress leader and the other two abused their official positions and caused damage to the company when the multi-crore payment default scam at National Spot Exchange Limited (NSEL) came to light.

Mr Chidambaram was finance minister, Abhishek was chairman of the Forward Markets Commission and Krishnan an additional secretary and joint secretary in the Ministry of Finance when the scam came to light in 2012-13.

The trio took “malicious and malafide” action against it, the company alleged. Advocate Venegavkar said the CBI verified the complaint, but “we have not found any material as of now to substantiate the allegations made by the petitioner”.

The CBI also said in an affidavit that the petitioner did not submit any supporting documents.

“In the absence of any supporting documents in support of the allegations and due to the technical nature of the complaint, the same has been forwarded to the Chief Vigilance Officer, Department of Economic Affairs, Ministry of Finance for expert examinations,” the affidavit said.

“It was informed in the letter dated February 25, 2020 that the matter may be reverted to CBI along with due approval of the competent authority under section 17 (A) of the Prevention of Corruption Act for taking up formal investigation,” it said.

Till then, the agency cannot conduct any probe, the affidavit added.

Senior counsel Aabad Ponda, appearing for 63 moons, argued that as the complaint alleges corruption and criminal conspiracy at high level, an inquiry must be conducted.

The hearing was adjourned for three months.

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