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DDCA row: BJP leader Subramanian Swamy to help suspended MP Kirti Azad

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Making an emotional appeal, Swamy said that “I don’t think the party should lose an honest person like Azad”.

Subramanian Swamy and Kirti Azad

Controversial BJP leader Subramanian Swamy has said that he will help suspended party member Kirti Azad draft a reply to notice from the saffron party.According to ANI, Swamy seemingly backed Azad, saying that he was well within his rights to help the beleagured former cricketer and that the latter was still a member of BJP.Making an emotional appeal, Swamy said that “I don’t think the party should lose an honest person like Azad”.Speaking to the media on his suspension following allegations against Finance Minister Arun Jaitley in the DDCA scam, Azad said, “I have received the (BJP) notice. I will respond to it. (But) I want to know if I have been suspended because I raised my voice against corruption in the DDCA.”<!– Dna_Article_Middle_300x250_BTF –>”I have also spoken out against a lot of other corruption cases in the BCCI,” Azad said.Related Read: DDCA row: Kirti Azad suspended by BJP, defiant MP threatens to make ‘more revelations'”I am an MP, I raised some concerns and I have been suspended. But I demand that in 3 months the DDCA matter should be solved. I would want Prime Minister Narendra Modi to look into this and tell me what my fault is. I want specific answers,” said the former cricketer.”If speaking the truth is a crime, I will keep committing this crime. I also hope that the BJP’s Margdarshak Mandal looks into this,” Azad concluded.

No indication from government on Ram temple: VHP

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“We have not received any indication from the government on Ram Temple. Saints of Ayodhya and VHP have always maintained that the Parliament, through passage of a law, will pave the way for Ram Temple construction,” VHP international general secretary Champat Rai said in a statement.

The VHP on Monday said it had not received any indication from the government on Ram Temple construction, and was of the firm belief that the temple in Ayodhya will come up on the basis of a related legislation in Parliament.Describing the transport of construction materials including stones into Ayodhya as per certain media report as a “routine exercise” that has gone on for years, VHP said it respected the judicial verdict on the Ram Janmabhoomi issue.”We have not received any indication from the government on Ram Temple. Saints of Ayodhya and VHP have always maintained that the Parliament, through passage of a law, will pave the way for Ram Temple construction,” VHP international general secretary Champat Rai said in a statement.<!– Dna_Article_Middle_300x250_BTF –>The VHP leader added that reports in a section of the media attributing statements to Swamy Nritya Gopal Das of Ayodhya are misleading and concocted.”Swamy Nritya Gopal Das is a venerated Saint of Ayodhya who respects the law. Stones have been brought into Ayodhya since 1990 and preserved at Ramsevak Dham. A large number of devotees visit Ayodhya and never has there been any law and order situation arisen on this count till today.”We believe that the Parliament will pave the way for temple construction by passing a law. Saints, VHP and Hindu community have always respected the judiciary and have full faith in it,” Rai said.

Government defends house allotment to Subramanian Swamy, says non-MPs have got bungalows in the past too

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Defending the Modi government’s decision to allot a bungalow to BJP leader Subramanian Swamy, the Urban Development Ministry on Sunday said houses had been to non-MPs for security reasons even in the past.

Defending the Modi government’s decision to allot a bungalow to BJP leader Subramanian Swamy, the Urban Development Ministry on Sunday said houses had been to non-MPs for security reasons even in the past.”Government bungalows have been allotted to even non-MPs in the past on grounds of security,” a senior UD Ministry official said.According to the UD Ministry list, those provided government houses on security grounds include Priyanka Gandhi who was allotted 35, Lodi Estate in February 1997. Former Punjab police chief KPS Gill was allotted 11, Talkatora Road in April 1996, while ex-Youth Congress chief MS Bitta was allotted 14, Talkatora Road in June 1996.<!– Dna_Article_Middle_300x250_BTF –>Congress leader Jagdish Tytler was given house at 3, GRG Road, in December 2006 which he vacated in 2015.According to the list, Ashwini Kumar, Editor, Punjab Keshri was allotted a government accommodation in June 1998.Buta Singh was allotted 11-A, Teen Murti Marg in February 2006 on security ground.Ashwini Kumar vacated government accomodation in 2012 and Tytler in 2015, while all others are still occupying the bungalows allotted to them.Congress had alleged that Swamy was given Z category security and allotted a government bungalow on grounds of security despite not being an MP or hailing from a troubled border state as “reward” for suing top Congress leadership including party chief Sonia Gandhi and her deputy Rahul in the National Herald case.”He is not facing any threat from any terrorist organisation….The bungalow was given as an award for dragging the Congress leadership to court,” Leader of Opposition in Rajya Sabha Ghulam Nabi Azad had said.

Government defends house allotment to Subramanian? Swamy

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According to the UD Ministry list, those provided government houses on security grounds include Priyanka Gandhi who was allotted 35, Lodi Estate in February 1997

Subramanian Swamy

Defending the Modi government’s decision to allot a bungalow to BJP leader Subramanian Swamy, the Urban Development Ministry on Sunday said houses had been to non-MPs for security reasons even in the past.”Government bungalows have been allotted to even non-MPs in the past on grounds of security,” a senior UD Ministry official said. According to the UD Ministry list, those provided government houses on security grounds include Priyanka Gandhi who was allotted 35, Lodi Estate in February 1997. Former Punjab police chief KPS Gill was allotted 11, Talkatora Road in April 1996, while ex-Youth Congress chief MS Bitta was allotted 14, Talkatora Road in June 1996.<!– Dna_Article_Middle_300x250_BTF –>Congress leader Jagdish Tytler was given house at 3, GRG Road, in December 2006 which he vacated in 2015. According to the list, Ashwini Kumar, Editor, Punjab Keshri was allotted a government accomodation in June 1998. Buta Singh was allotted 11-A, Teen Murti Marg in February 2006 on security ground.Ashwini Kumar vacated government accommodation in 2012 and Tytler in 2015, while all others are still occupying the bungalows allotted to them. Congress had alleged that Swamy was given Z category security and allotted a government bungalow on grounds of security despite not being an MP or hailing from a troubled border state as “reward” for suing top Congress leadership including party chief Sonia Gandhi and her deputy Rahul in the National Herald case.”He is not facing any threat from any terrorist organisation….The bungalow was given as an award for dragging the Congress leadership to court,” Leader of Opposition in Rajya Sabha Ghulam Nabi Azad had said.

National Herald Case: Gandhis walk out, Subramanian Swamy drives away

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The Congress leaders leave after being granted bail

Agencies
Facing corruption charges, Congress president Sonia Gandhi and her son Rahul appeared before the trial court here on Saturday, and were granted bail on furnishing personal bond of Rs.50,000 and one surety each. Earlier, the Gandhis walked up to the court room, accompanied by Priyanka Vadra, former prime minister Manmohan Singh and other senior leaders as party workers outside the court shouted slogans in their support. The Gandhis are accused of illegally acquiring the assets of the parent company of the National Herald, a newspaper once run by their family. The summons were issued by the court on December 8 after the Delhi High Court the previous day refused to quash the summons issued to them earlier to appear as accused.<!– Dna_Article_Middle_300x250_BTF –> The hearing lasted only for a few minutes and the court scheduled the next hearing for February 2. The magistrate made it clear that no exemption from personal appearance will be granted to any accused for the next date of hearing. The judge, who held the proceedings in a closed room, asked Subramanian Swamy, petitioner in the case, to bring all relied upon documents in support of his complaint on the next date of hearing. In his reaction, Swamy said all their claims that they would not seek bail proved false. “They said they will not take bail. What happened now,” he told reporters. “I will win this case in 2016. Sonia, Rahul and others will be sent to prison,” he added. While AK Antony gave surety to Sonia, Priyanka stood surety for her brother. Swamy said he did not oppose bail for Sonia and Rahul and dismissed Congress allegations that it was a case of personal vendetta. “No one has told me anything to either slow down or pursue the National Herald case. I do not want any support from BJP or from anyone. I didn’t get support from my party during 2G scam also. I don’t need it,” he said. Taking satisfaction that he ultimately made top Congress leaders to walk to the law, he said: “My goal is not only to eliminate corruption but instill courage in ordinary citizen and fear in the high and mighty.” “When Sonia and Rahul came they were made to stand in a corner where the accused are supposed to be, they were not allowed to sit,” he further said. Later, in an interview to a TV channel, Swamy also hit out at suggestions that he has been accorded Z-category security and government bungalow as reward for pursuing the case. “Congress persons may be purchasable. I am a sanyasi. I don’t need houses” he shot back. Relieved with the bail granted, Sonia and Rahul later addressed media and said the government is misusing its agencies. “But none of us will be frightened as our struggle will continue,” Sonia said. Rahul said he will not let Prime Minister Narendra Modi achieve his dream of a ‘Congress Mukt Bharat’. “He thinks that the opposition will bow down. I want to tell the people of this country that myself and the Congress party will never bow down,” he said. The ruling BJP replied that corruption was synonymous with the Congress, whether in power or otherwise. “When we say Congress-mukt bharat, we mean corruption-mukt bharat. Unfortunately Congress and corruption are made for each other,” said parliamentary affairs minister Mukhtar Abbas Naqvi.

Is the BJP ‘match fixing’ survival of Congress by being arrogant or simply stupid?

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National Herald Case: We will continue the fight and not bow down, say the Gandhis

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Sonia, Rahul and three other accused in the case –Motilal Vora, Oscar Fernandes and Suman Dubey–sought bail which was granted after they furnished personal bond of Rs.50,000 and one surety each.

Congress President Sonia Gandhi with party Vice President Rahul Gandhi arrives at party office after attending a hearing in National Herald Case, in New Delhi on Saturday.

PTI
After a 10-minute hearing, Congress President Sonia Gandhi and her son Rahul were on Saturday granted unconditional bail in the high-voltage National Herald case by a local court where they appeared along with a phalanx of top party leaders.Facing a private criminal complaint lodged by BJP leader Subramanian Swamy in the transfer of shares of the defunct party newspaper Herald to a newly-created company, the two Gandhis, accompanied by former Prime Minister Manmohan Singh besides Priyanka Gandhi appeared before Metropolitan Magistrate Lovleen at 2.50 PM.<!– Dna_Article_Middle_300x250_BTF –>The party’s legal eagles Kapil Sibal, Ashwini Kumar, both former Union Law Ministers, and Abhishek Manu Singhvi, as also top Congress leaders such as Ghulam Nabi Azad, Mallikarjun Kharge, A K Antony, Shiela Dikshit, Ambika Soni and Meira Kumar were at hand.Sonia, Rahul and three other accused in the case –Motilal Vora, Oscar Fernandes and Suman Dubey–sought bail which was granted after they furnished personal bond of Rs.50,000 and one surety each. One of the accused Sam Pitroda was not present as he was stated to be unwell. Swamy pressed the court to impose conditions on the foreign travel of the accused, which was not accepted by the court. He said later that he had not opposed the bail but had told the court that conditions should be imposed on the Gandhis’ travel abroad since they “were in the habit of running away from the country”.The magistrate fixed February 20 as the next date of hearing and the proceedings were over within minutes after which the Gandhis came out smiling. They had to navigate through jostling lawyers, journalists, security men and party workers to reach their cars.Later addressing the media at the party office, Sonia, Rahul and Manmohan Singh hit out at Prime Minister Narendra Modi accusing him of levelling “false allegations” against them and making “full use” of government agencies to “deliberately target” the Opposition.”We will continue the fight and not bow down,” they said.”The accused are reputed persons having deep political grassroots and there is no apprehension that they will flee,” the Magistrate noted while granting them bail on furnishing personal bond of Rs.50,000 each and one surety.While Antony gave surety to Sonia, Priyanka stood surety for her brother. Congress leader B K Hariprasad gave surety for Vora, Ghulam Nabi Azad for Fernandes and Ajay Maken for Dubey. In his reaction, Swamy said all their claims that they would not seek bail proved false. “They said they will not take bail. What happened now,” he told reporters after the short hearing.Sibal and Singhvi told the court that these are people who have deep roots in society and they hold high office and do not have any previous charge against them. The summons were issued by the court on Dec 8 after the Delhi High Court the previous day had refused to quash the summons issued to them earlier to appear as accused. Both Sibal and Singhvi told reporters after the proceedings that the court rejected Swamy’s plea and gave bail to the leaders.”It is most unfortunate that Swamy sought imposition of conditions including restrictions on travel abroad but the court granted unconditional bail,” Singhvi said.”I don’t see the slightest reason for dissatisfaction with the court order,” he added.Rejecting Congress criticism that he was doing vendetta politics at the behest of Congress, Swamy said look at the evidence in the case and not vendetta.”I have so many friends (in the BJP). I am a Jan Sanghi. I know them (BJP leaders) personally. I have not taken an appointment with the prime minister and spoken to him at all about the case,” he told reporters.The Magistrate made it clear that no exemption from personal appearance will be granted to any accused for the next date of hearing. The judge, who held the proceedings in a closed room, asked Swamy to bring all relied upon documents in support of his complaint on the next date of hearing.Sonia, Rahul, Vora (AICC Treasurer), Fernandes (AICC General Secretary), Dubey and Pitroda were summoned under sections 403 (dishonest misappropriation of property), 406 (criminal breach of trust) and 420 (cheating) read with section 120B (criminal conspiracy) of the IPC.The trial court had on June 26 last year asked them to appear before it on August 7, 2014 but the order was stayed on August 6, 2014 by the Delhi High Court which on December 7 this year vacated the stay by rejecting the plea to quash the complaint and the summons. On December 15, 2014, the court had further stayed the summons till final disposal of the petitions.Swamy has accused them of cheating and misappropriation of funds in acquiring ownership of Herald. All of them were directors of Young Indian Ltd (YI), a company that was incorporated in 2010 and which took over the “debt” of Associated Journals Ltd (AJL), the publisher of National Herald.Swamy had accused Sonia and Rahul Gandhi and others of conspiring to cheat and misappropriate funds by just paying Rs 50 lakh by which YI obtained the right to recover Rs 90.25 crore which the AJL had owed to the Congress party.Along with the Gandhis, five other accused — Suman Dubey, Moti Lal Vora, Oscar Fernandez, Sam Pitroda and Young India Ltd–had challenged the summons issued to them by trial court on Swamy’s complaint.

National Herald case: Congress workers protest by burning effigy of PM Modi in Lucknow

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The partymen shouted slogans against the NDA government accusing them of framing Congress leaders to harass them and targeting Sonia and Rahul Gandhi in the National Herald case.

Sonia Gandhi and Rahul Gandhi were granted bail by Patiala House district court on Saturday, December 19, 2015.
File Photo
PTI
Congress leaders and workers on Saturday burnt an effigy of Prime Minister Narendra Modi and took out a protest march here against the NDA government, accusing it of falsely implicating leaders of opposition parties including Sonia Gandhi and Rahul Gandhi in the National Herald case.Led by Uttar Pradesh Congress Committee president Nirmal Khatri and AICC secretary assistant in-charge of state affairs Prakash Joshi, partymen took out a padyatra from the state party office to General Post Office here to lodge their protest against the Centre.<!– Dna_Article_Middle_300x250_BTF –>The partymen shouted slogans against the NDA government accusing them of framing Congress leaders to harass them and targeting Sonia and Rahul Gandhi in the National Herald case. Youth Congress activists here burnt Modi’s effigy at the busy Hazratganj Crossing to mark the protest.Congress President Sonia Gandhi and her son Rahul today sought and got bail in the National Herald case after a local court rejected complainant Subramanian Swamy’s opposition to the relief for them on the ground they are influential and can flee the country. The case is based on a private criminal complaint lodged by Swamy against them of cheating, conspiracy and criminal breach of trust.

Subramanian Swamy hits back at Congress, says got ‘Z’ security under Narasimha Rao govt

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Speaking to reporters in New Delhi, Swamy, the complainant in the National Herald case, said that the Congress government led by Rao had provided ‘Z’ category security to him.

Reuters
Responding to Congress’s criticism over the extension of ‘Z’ category security to him, BJP leader Subramanian Swamy on Saturday said it was during former prime minister PV Narasimha Rao’s tenure that he was provided this protection, which was later curtailed by the UPA government.Speaking to reporters in New Delhi, Swamy, the complainant in the National Herald case, said that the Congress government led by Rao had provided ‘Z’ category security to him. That was later curtailed by the previous UPA government and made applicable only in a few states, he added.<!– Dna_Article_Middle_300x250_BTF –>”When our (BJP) government came, they said this is injustice and again provided me the security that had been given to me during Rao’s tenure,” he said.”Now I don’t know if they (Congress) think Narasimha Rao was a BJP man,” he said.Meanwhile, as Congress chief Sonia Gandhi, party Vice President Rahul Gandhi and others appeared in court today in the Herald case, Swamy criticised the party and claimed it is afraid that it is losing the case and, hence, there were the “processions and gatherings” of its workers.”This taking out of processions, gathering of crowds… so many arrangements have to be made. With all this, a message would go out to the world that not all is equal in our country and democracy is not well-established. I tell Congress, that is why your name is spoiled… you are losing this case, that is why you are doing all this. If you are winning, then go smiling to court,” Swamy said.

National Herald case: Congress’ drama giving nation a ‘bad name’, says Subramanian Swamy

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”They have got all the top lawyers’six of them who are the most high-priced lawyers. Why are they so scared to have the mob coming and making all this drama and all this abuse and so on’ Let the court process start today,” he added.

Dubbing the Congress protest across the country over the National Herald case as ‘drama’, Bharatiya Janata Party (BJP) leader Subramanian Swamy on Saturday said it is giving a bad name to the nation.”Everybody should learn that we are all equal before the law. All this drama that is being done by the Congress that some people can be prosecuted and some people can’t be prosecuted is giving the country a bad name . It is a court matter and I am not the attorney general or the CBI Director’I am just an ordinary citizen. I have filed a private complaint. The court has accepted that there is prima facie evidence,’ Swamy told the media here.<!– Dna_Article_Middle_300x250_BTF –>”They have got all the top lawyers’six of them who are the most high-priced lawyers. Why are they so scared to have the mob coming and making all this drama and all this abuse and so on’ Let the court process start today,” he added.Related Read: LIVE National Herald case: Sonia, Rahul Gandhi to appear in court; Manmohan, Ahmed Patel may give suretyCongress leaders and workers are protesting against the Centre and the BJP in the alleged National Herald corruption case.Massive protests have been organised across the country in Delhi, Mumbai, Jaipur, Lucknow, Kanpur, Varanasi, Patna, Nagpur, Kolkata and Coimbatore. On Saturday, Congress president Sonia Gandhi and vice president Rahul Gandhi along with the other accused in the National Herald case will appear before Metropolitan Magistrate Lovleen in response to summons issued against them. They have been summoned by the trial court on prima facie charges of criminal conspiracy, cheating, criminal breach of trust and dishonest misappropriation of property under relevant sections of the law.Meanwhile, security has been beefed up outside the Patiala House court and the Congress headquarters in Delhi. 16 additional CCTV cameras have been installed in the premises where the hearing would be held.

National Herald case: ‘Spontaneous’ bhakti culture for Sonia, Rahul lays bare Congress desperation

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National Herald case: Congress leaders attack BJP, workers protest throughout country

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It’s a political vendetta led by, I am saying with a sense of responsibility, Prime Minister Narendra Modi and Swamy is only a small cog in this entire wheel of conspiracy,” Surjewala alleged.

Congress leader Ghulam Nabi Azad

Trading guns at each other over the National Herald issue, Congress today alleged that the Modi government was indulging in political vendetta while BJP claimed that it is a legal matter and the opposition party has been trying to give a wrong impression to the people.Congress President Sonia Gandhi and Vice President Rahul Gandhi are scheduled to appear before a magistrate today in connection with the National Herald case.Raising questions about the government’s action, Congress spokesperson Randeep Surjewala said if it was not indulging in “political vendetta” then why Subramanian Swamy, who was the complaintant in the case, has been given ‘Z’ category security and only on Friday, a “Cabinet minister’s house” in Delhi’s Lutyen’s Zone.<!– Dna_Article_Middle_300x250_BTF –>Related Read: LIVE National Herald case: Sonia, Rahul Gandhi to appear in court; Congress meets at Azad’s houseHe also raised questions about statements made by senior BJP ministers on the issue to support his contention that the government was indulging in “political vendetta” and also referred to the removal of the previous Enforcement Directorate Chief.”It’s a political vendetta led by, I am saying with a sense of responsibility, Prime Minister Narendra Modi and Swamy is only a small cog in this entire wheel of conspiracy,” Surjewala alleged.He, however, emphasised that his party and the leadership have complete faith in the judiciary, its processes and will fight the legal battle in court.”We will fight the legal battle in accordance with the law and we will fight the political battle with the Modi government both inside Parliament and also by being the voice of 125 crore people of this country,” Surjewala said.He said that since his party leadership has faith and respect the court processes, workers also have been advised not to gather outside the court in Delhi. BJP spokesperson GVL Narasimha Rao, meanwhile, said that initially the Congress party’s attempt was to build pressure and give an opinion to the people that this was some kind of administrative action or political vendetta by rivals.But the court order has “nailed all these absurd allegations. They have even tried to use or mortgage their political and parliamentary strength to get some kind of relief in the court of public opinion by building up political pressure. But the reality is, this is a legal case,” Rao said.

National Herald Case: Sonia, Rahul may seek bail

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The Congress President and Vice President have been summoned by the trial court on a private criminal complaint of BJP leader Subramanian Swamy of conspiracy, cheating, breach of trust and misappropriation of property .

Sonia and Rahul Gandhi

PTI
Sonia Gandhi and Rahul Gandhi could seek bail when they appear before a magistrate on Saturday in the National Herald case with the Congress today insisting that they were open to all legal remedies and options.”We are open to availing all legal remedies and options including bail” said party’s chief spokesman Randeep Surjewala ahead of the two top leaders appearing before Metropolitan Magistrate Lovleen in the Patiala House courts tomorrow. The Congress President and Vice President have been summoned by the trial court on a private criminal complaint of BJP leader Subramanian Swamy of conspiracy, cheating, breach of trust and misappropriation of property.<!– Dna_Article_Middle_300x250_BTF –>Surjewala said the Congress leadership does not want the court process to be interfered with or influenced in any manner and so the party has asked workers not to come to the court. Partymen claim that the Congress wants it to be a low key affair. AICC has dismissed reports that the Congress has called its state leaders to Delhi when the Gandhis will appear before the court The party has been maintaining so far that a decision would be taken in accordance with what advice the lawyers will give.Senior advocate Abhishek Singhvi, who is representing the Gandhis, said “Unnecessary hype over a routine procedure need not be created by the media. We are proceeding in every manner in accordance with law.”Singhvi, who is also party spokesman, said “We have been scrupulously avoiding all hype or hoopla about this as fas as courts are concerned.” Party General Secretary Shakeel Ahmed said the Congress would politically fight the Narendra Modi government on the issue as it was a “vendetta”.Congress MPs have been asked to gather at the party headquarters tomorrow ahead of the appearance of the Gandhis in the court as a measure of solidarity. “The Modi government cannot suppress Sonia Gandhi or Rahul Gandhi or the Congress party from continuing to raise the voice of the people,” Surjewala said adding the government was on a “malicious witch hunt” against all political opponents including the Congress leadership.

Subramanian Swamy to get government accommodation on security ground

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Sources informed that CCA has taken into consideration that Swamy is a Z-category protectee with CRPF cover and there is no place at his present place of residence for deployment of armed guards

Subramanian Swamy

Centre has decided to allot government accommodation to BJP leader Subramanian Swamy on security considerations and also allowed former Punjab DGP K P S Gill and Chairman of Anti-Terrorism Front M S Bitta to retain their accommodations on the same grounds.Chief Minister of Uttarakhand Harish Rawat has also been allowed to retain government accommodation in the national capital on medical grounds, according to the decision taken by the Cabinet Committee on Accommodation (CCA) chaired by Home Minister Rajnath Singh yesterday. According to sources, CCA also decided to allot government accommodation to A Surya Prakash, Chairman of Prasar Bharati for the period of his tenure.<!– Dna_Article_Middle_300x250_BTF –>Sources informed that CCA has taken into consideration that Swamy is a Z-category protectee with CRPF cover and there is no place at his present place of residence for deployment of armed guards. Swamy’s security is being reviewed from time to time by Security Categorisation Committee in the Ministry of Home Affairs. As per security threat assessment carried out by central security agency, there is a felt need for proper government accommodation for Swamy for effective deployment of security and accordingly recommended government accommodation for him for five years, the sources said.The former Union Minister will have to pay five times the normal license fee. Gill and Bitta were allowed to retain their present government accommodation for three more years – till May, 2018 based on security considerations at special license fee of five times the normal. Uttarakhand CM Rawat has been permitted to retain government accommodation for one more year in New Delhi on medical grounds and keeping in view that state government guest house is being demolished.CCA also decided to allot government accommodation for Surya Prakash, Chairman of Prasar Bharati keeping in view that appointment of Chairman and Members of the Board is made by the President of India on the recommendation of Selection Committee headed by Vice-President of India and key functions required to be performed including supervision of functioning of AIR and DD.Present Members holding Personal and Finance portfolios have also been made eligible for accommodation. The committee noted that in the past former CEO and Members of Prasar Bharati and present CEO were allotted government accommodation.Prakash and the two present members were made eligible for government accommodation for the period of their tenure. Sources informed that CCA also made the Chairperson, Member and Member-Secretary of National Commission for Denotified, Nomadic and Semi-Nomadic Tribes eligible for government accommodation as also Chairperson of National Company Law Tribunal and DG, Nehru Yuva Kendra Sanghatan, an autonomous body under the Ministry of youth Affairs and Sports.

Nirbhaya case: Delhi High Court refuses to stay release of juvenile convict, to be released

The Delhi High Court on Friday refused to stay the release of the juvenile convict in the December 16 gang-rape case.

The juvenile convict in Nirbhaya case

dna
The Delhi High Court on Friday refused to stay the release of the juvenile convict in the December 16 gang-rape case after completion of his 3-year jail term. The convict will be released on or before December 20.”We cannot prohibit juvenile’s release as per the statutory and existing provision of law,” said the court.The court also asked Juvenile Board to interact with convict, his guardians and officials of Delhi government regarding his post release rehabilitation.Reacting to the court’s order, Nirbhaya’s mother said, “Even after all our efforts, the juvenile convict will now be released.”<!– Dna_Article_Middle_300x250_BTF –>Two days ago, in a brave homage to her daughter, the mother of the victim took her name in public.The 23-year-old paramedical student Jyoti Singh was brutally sexually assaulted on the ill-fated night of December 16 three years ago, and died 13 days later, triggering a massive public outrage. Among many, her spirit continued to live, and in tribute she was given the name ‘Nirbhaya’ or brave heart.BJP leader Subramanian Swamy had pleaded that the juvenile convict should not be released till it is demonstrably assured that he has reformed himself and was not a menace to the society.Earlier in the day, the parents of the victim had expressed hope that the court would take a decision in favour of the society.”If someone like him gets released, it clearly shows the helplessness of the government and the law of our country. We hope that the High Court takes the decision in favour of the society because even the High Court knows the suffering of my daughter,” Nirbahaya’s mother said.”I have been reiterating that the juvenile shouldn’t be released, he has not committed a fault, he has committed a crime,” she added.

Nirbhaya case: Delhi HC to decide on juvenile; victim’s mother hopes court decision will favour society

“I have been reiterating that the juvenile shouldn’t be released, he is not committed a fault, he has committed a crime,” she added.

With the High Court expected to give its verdict on Friday over the release of the juvenile convict in the December 16 gang-rape case, parents of the victim expressed hope that the court would take a decision in favour of the society.”If someone like him gets released, it clearly shows the helplessness of the government and the law of our country. We hope that the high court takes the decision in favour of the society because even the High Court knows the suffering of my daughter,” Nirbahaya’s mother told ANI.”I have been reiterating that the juvenile shouldn’t be released, he is not committed a fault, he has committed a crime,” she added.<!– Dna_Article_Middle_300x250_BTF –>Meanwhile, father of the victim also hoped that High Court would not release the juvenile.”What we feel is that he should not be released, it won’t be good if he gets released. But whatever the decision of High Court be it would be for the betterment of society,” he said.”The HC also knows that that juveniles like him are involved in rapes of minor girls,” he added.The Delhi High Court had reserved its order on the release of the juvenile convict in the Nirbhaya gang rape case after BJP leader Subramanian Swamy plead that the juvenile convict should not be released till it is demonstrably assured that he has reformed himself and was not a menace to the society.Earlier, the mother of Nirbhaya, the gang-rape victim, took her name in public and said people who committed heinous crimes like rape should hang their heads in shame and not the victims or their families.The 23-year-old paramedical student was sexually assaulted on the night of December 16 three years ago and died 13 days later in Singapore.

Cricket is Arun Jaitley’s ‘private duty’, says Subramanian Swamy

Following a demand from the Congress for Finance Minister Arun Jaitley to resign for his alleged role in a scam involving the Delhi and District Cricket Association (DDCA), Bharatiya Janata Party (BJP) leader Subramanian Swamy on Thursday said cricket is Jaitley’s private not public duty.

Following a demand from the Congress for Finance Minister Arun Jaitley to resign for his alleged role in a scam involving the Delhi and District Cricket Association (DDCA), Bharatiya Janata Party (BJP) leader Subramanian Swamy on Thursday said cricket is Jaitley’s private not public duty.”It is a contempt of LS/RS for opposition to raise AJ’s DDCA alleged corruption in the two Houses since cricket is his private not public duty,” Swamy said in a tweet.Swamy further stressed on the fact that the issue is Jaitley’s personal matter and the party or the government has got nothing to do with it.<!– Dna_Article_Middle_300x250_BTF –>”Cricket is a not a part of our party. Only Jaitley can give answer on that. We do not need to intervene in this. Even Jaitley did not ask for support from us. I think it will be wrong to bring this issue up in Parliament. There’s a decorum and it should not be crossed,” he said.”How can they ask for resignation in the Parliament? They can demand for probe on it. Many a time, Kirti Azad has given statement on this. Jaitley should answer on this, we should not intervene in this. If they want his resignation, they can take to the roads and demand it. But there is no point asking for his resignation in the Parliament,” he added.The Delhi and District Cricket Association (DDCA) has rejected the allegations of irregularities against Arun Jaitley, and said that such charges were absolutely rubbish.”Some allegations have been raised against the DDCA and it needs clarification as everyone is stating their point. First thing is allegation of irregularities on stadium construction. Stadium is made of Rs. 141 crores,” DDCA working president Chetan Chauhan told the press conference.Reacting to demands by the Congress Party and the Aam Aadmi Party (AAP) for his resignation, Jaitley said he could answer specific issue, but he could not answer “vague allegation” without any basis.”If they tell me what is the specific issue, I can answer it, but I can’t answer vague allegation without any basis,” he said.Delhi Pradesh Congress Committee president Ajay Maken, said “The DDCA irregularity is a very serious matter, and thus, serious examination should be done and serious action should be taken. The DDCA issue should not be diluted, and should not be marred into political controversy as grave irregularities have been committed.”Demanding Jaitley’s resignation, he said, “As long as Mr. Jaitley is the Finance Minister, and is the minister in-charge of corporate law affairs, how can you expect a fair trial to take place under his finance ministership?”Demanding his “resignation for a fair and impartial probe”, AAP Core Committee member Sanjay Singh told repoters: “Tomorrow (on Thursday), the AAP will divulge details of the DDCA irregularities, which will enable you to draw a complete picture of irregularities.”

Watch: Congress workers get burned while lighting Narendra Modi’s effigy to protest National Herald case

According to various media reports, Congress workers suffered burn injuries while protesting against the National Herald case in Shimla. Reportedly, three Congress workers were burned when they were lighting up an effigy of Prime Minister Narendra Modi.

YouTube Screen Burn

According to various media reports, Congress workers suffered burn injuries while protesting against the National Herald case in Shimla. Reportedly, three Congress workers were burned when they were lighting up an effigy of Prime Minister Narendra Modi. ​.What is the case about?Sonia and Rahul were summoned in the case in June 2014, after Swamy had filed a complaint accusing them of cheating and misappropriation of funds in acquiring ownership of now-defunct English daily National Herald. The paper was set up by Jawaharlal Nehru in 1938, and shut down briefly in the 1940s and 1970s, and ceased operations in 2008. Swamy claims that Sonia and Rahul floated Young Indian which bought Associated Journals Limited, publisher of National Herald and the company was shut down by Sonia.He claims that Congress funds were used to buy Associated Journals Limited and that the mother-son duo aimed to grab property worth Rs 2000-crore. The Gandhis are the directors of Young Indian and own 76% and the remaining shares are owned by Motilal Vohra, Oscar Fernandes, Suman Dubey and Sam Pitroda. Swamy has alleged that the Congress gave an unsecured loan of Rs 90 crore to the company. (Read: Swamy v/s Sonia Gandhi — All you need to know about National Herald Case)

Justice for Nirbhaya: Delhi HC seeks Centre’s reply on steps post release of juvenile

A bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw also asked the government to inform it about the measures taken, if any, regarding post release rehabilitation of the juvenile, who will walk out of the observation home on December 15 after serving the stipulated three year incarceration

The Delhi High Court on Friday sought Centre’s response on BJP leader Subramanian Swamy’s plea that the juvenile convict in the December 16, 2012, gangrape case be not released till it is “demonstrably assured” that he has reformed and was not a menace to society.A bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw also asked the government to inform it about the measures taken, if any, regarding post release rehabilitation of the juvenile, who will walk out of the observation home on December 15 after serving the stipulated three year incarceration. The court asked whether a management committee has been constituted as per the Juvenile Justice (JJ) Rules, is it still in existence and what are its activities.<!– Dna_Article_Middle_300x250_BTF –>”What are the plans, take instruction. it is not an ordinary case and requires consideration,” the bench said. It issued notice to the Ministry of Law, Ministry of Home Affairs and the juvenile convict through JJ Board and also asked the government to get instructions from the committee and listed it for hearing on December 14. The court passed the order after Additional Solicitor General Sanjay Jain and central government’s standing counsel Jasmeet Singh told the bench that while there was no opposition to extension of the juvenile’s stay at the observation home, as per the rules the committee has to make plans for post release rehabilitation.Counsel for the Centre placed before the court the reports of the IB relating to the behaviour of the juvenile during his stay in special home. However, the court asked the counsel to place the report before it in a sealed cover.The government was responding to Swamy’s petition, who claimed that there is lacuna in the Juvenile Justice (Care and Protection of Children) Act 2000, as amended in 2011. JJ Board had sentenced the juvenile three years detention in reformation home.In his petition before the HC, Swamy contended that “no provision has been made in the Act, to provide for vicious unregenerate convicted juveniles who despite having undergone the reformation process for the maximum penalty of three year’s custody in a special home, continue to be a menace to the society”. “…provision has to be made to deal with such juvenile for further period in such a manner that he does not prove menace to the society.”The question arises, in a very acute form, in the instant gangrape case, where the respondent no.1 (juvenile), one of the offenders, who was adjudged to be under eighteen years of age at the time of the offence, is about to complete the maximum period of the offence prescribed…. and yet it is learnt that there is a report of the Ministry of Home Affairs wherefrom it emerges that this juvenile has not reformed but has become worse, having been radicalized by association with another juvenile convicted of involvement in the 2011 Delhi High Court blast,” the plea said.He also said in his petition that the JJ Board should be given some “teeth to deal with such a case of an unreformed juvenile criminal”. The Supreme Court had earlier rejected Swamy’s petition challenging the constitutional validity of the Juvenile Justice (Care and Protection of Children) Act 2000.He had sought that juvenile in the case be prosecuted in a criminal court in view of the gravity of his offence. Six persons, including the juvenile, had brutally assaulting and raping a 23-year-old girl in a moving bus in south Delhi on December 16, 2012. The victim had died in a Singapore hospital on December 29, 2012.Mukesh, Vinay, Pawan and Akshay were awarded death penalty by trial court in the gang rape and murder case which was later confirmed by Delhi High Court. Their appeals are pending before the Supreme Court. Accused Ram Singh had allegedly committed suicide in Tihar Jail on March 11, 2013, and proceedings against him were abated following his death.

Rahul Gandhi prefers jail in National Herald case: Congress sources

Congress vice-president Rahul Gandhi talks to mediapersons at Parliament during the ongoing Winter session in New Delhi on Wednesday.

PTI
Congress vice-president Rahul Gandhi prefers jail in the National Herald case and will not take bail or even sign a personal bond on December 19, say party sources.This strategy has been approved even by his mother and party president Sonia Gandhi, a source said. She has given the go-ahead as the party believes that no crime has been committed and it would also create a sympathy wave and highlight Prime Minister Narendra Modi’s “vindictiveness” not only against the Congress but all his opponents.However, Sonia will file for a bail bond because of her fragile health. The five other accused, including 86-year old treasurer Motilal Vora, will also do so, said sources.<!– Dna_Article_Middle_300x250_BTF –>On December 19, Rahul, along with his mother, will appear before a metropolitan magistrate here.Soon after returning from Tamil Nadu, Rahul outlined his party’s strategy: to highlight the “political vendetta” of the government to garner sympathy. Coming out of Parliament on Wednesday, Rahul Gandhi said: “It’s 100% political vendetta coming out of the PM’s Office. It is their way of doing politics. We have full faith in the judiciary (to come clean in the National Herald case).”In a massive blow to Sonia and Rahul, the Delhi high court had on Monday dismissed their pleas challenging the summons issued to them in the National Herald case, in which they have to appear before the trial court. The court observed that the actions of Congress office-bearers named in the case “smack of criminality”.BJP leader Dr Subramanian Swamy had filed a criminal case of cheating and misappropriation against them in February last year for allegedly usurping the defunct English daily National Herald’s owner Associated Journals Limited’s (AJL) property worth crores of rupees by forming a company in the name of Young India Limited.Senior advocates and party leaders Abhishek Manu Singhvi and Kapil Sibal on Wednesday evening briefed the Congress MPs of both the Houses for an hour about the case in the Parliament House Annexe, assuring them not to be worried as there is “zero criminality” involved in the case since there has been “no cheating” as alleged by Dr Swamy because he has not shown who has been cheated.Asked by MPs why they did not rush to the Supreme Court after a single-judge bench of the Delhi high court dismissed the case, the duo said they would wait for the outcome of the first date in the trial court of the metropolitan magistrate and then move the apex court against the high court judgment, which is full of errors as the judge even went to endorse Dr Swamy’s reliance on a Bill still pending in Parliament for amending the Companies Act that proposes to change Section 8 to allow restructuring of companies.Singhvi said that even if a Section 25 charitable company is dissolved, its assets can only go to another Section 25 company and not to anybody else Meanwhile, Rahul Gandhi and Opposition leader in the Rajya Sabha, Ghulam Nabi Azad, and Congress group leader in the Lok Sabha, Mallikarjun Kharge, made it clear that the Congress has “no grudge” against the judiciary, but was protesting against the government’s “policy of vindictiveness”.Kharge got the opportunity, after a lot of struggle with Lok Sabha Speaker Sumitra Mahajan, to lash out at the government for the “policy of suppression to harass the opposition leaders and frighten them”.Azad said that Dr Swamy, who had filed the case against the Gandhis, had also taken the matter to the Enforcement Directorate but its then chief was summarily removed after he gave a report to the government in August that there is no case of money-laundering.Rajan S Katoch (59), a 1979 batch IAS officer of Madhya Pradesh cadre, who was given the third extension in June till to October was summarily removed after Dr Swamy alleged that he favoured Gandhis.

BJP using Subramanian Swamy to ‘persecute and prosecute’ Congress: Kapil Sibal

“Who is Subramanian Swamy? He is the power of attorney holder of the BJP to persecute and prosecute the Congress party and a member of their central committee. He has been given the specific task of targeting us and this is their methodology used by the BJP, so he is his master’s voice. And the way the BJP has been targeting Congress leaders in the past year, shows they have no idea how to govern this country,” Senior Congress leader and advocate Kapil Sibal told the media.

Kapil Sibal
File Photo

Launching a scathing attack on senior Bharatiya Janata Party (BJP) leader Subramanian Swamy, the Congress on Tuesday branded him as a tool being used by the ruling party to persecute and prosecute the grand old party.”Who is Subramanian Swamy? He is the power of attorney holder of the BJP to persecute and prosecute the Congress party and a member of their central committee. He has been given the specific task of targeting us and this is their methodology used by the BJP, so he is his master’s voice. And the way the BJP has been targeting Congress leaders in the past year, shows they have no idea how to govern this country,” Senior Congress leader and advocate Kapil Sibal told the media.<!– Dna_Article_Middle_300x250_BTF –>He accused the BJP-led government of trying to distract the attention of the masses from the good governance that was being practiced by the Congress leadership and accused them of going all out in their goal to have a “Congress-free” India. “We want that the BJP functions within the constitution and focuses on governance so that the people are benefited. Truth is that the BJP wants a Congress free India. And any political party which says it wants that is destined to failure. How can a political party say they don’t want an opposition? It’s undemocratic,” Sibal added.However, he added that he was sure of the nation’s faith in the Congress and expressed confidence that the grand old party will come back with a bang in the same way it has done in the past. “The tide against BJP has already started and it is indicated in the results in Madhya Pradesh, Gujarat and Bihar. You can’t get away by just slapping cases on people. The nation will be fixed when the government starts to work for the people,” he said.Earlier Tuesday both Congress President Sonia Gandhi and vice president Rahul Gandhi broke their silence over the National Herald case and held their ground. “I will react to this when I go to the Parliament tomorrow. I absolutely see a case of political vendetta and this is the way the Central Government functions. They think they can do vendetta politics and stop me from asking questions, but I won’t. I will keep putting pressure on them, keep asking questions and do my job,” Rahul told the media in Puducherry.Sonia also asserting that she was not afraid against the charges being levelled at her. “Why should I be scared of anyone? I am Indira Gandhi’s daughter-in-law, I am not scared of anyone,” she told the reporters.Sonia and Rahul will appear in the Patiala court on December 19, at 3 pm

Gandhis ordered to appear in court

Indian Congress party leaders Sonia and Rahul Gandhi are ordered to appear in court for allegedly acquiring the assets of a newspaper illegally.

National Herald case: Will Sonia Gandhi, Rahul appear before court today

Turning down the plea of Gandhis and five others for exemption from personal appearance before the trial court – where it is listed for Tuesday – on a complaint filed by BJP leader Subramanian Swamy, justice Sunil Gaur said the gravity of the allegations levelled against them has a ” fraudulent flavor” involving a national political party and “serious imputations smacking of criminality”, and needs to be properly looked into.

In a big blow to Congress president Sonia Gandhi and her son Rahul Gandhi, the Delhi High Court on Monday rejected their pleas for quashing the summons issued by the trial court in the National Herald case, and made scathing observations on their “questionable conduct” regarding how they took control of the publication. Turning down the plea of Gandhis and five others for exemption from personal appearance before the trial court – where it is listed for Tuesday – on a complaint filed by BJP leader Subramanian Swamy, justice Sunil Gaur said the gravity of the allegations levelled against them has a ” fraudulent flavor” involving a national political party and “serious imputations smacking of criminality”, and needs to be properly looked into.<!– Dna_Article_Middle_300x250_BTF –> Congress said it will move the Supreme Court seeking a stay on the high court order. “How does it become a case of cheating, we fail to understand…which is the challenge which led to the stay of over one year,” asked Abhishek Manu Singhvi. Other than Gandhis, those accused in the case are Suman Dubey, Moti Lal Vohra, Oscar Fernandez, Sam Pitroda and Young India Ltd. The judge, in his 27-page order, said: “After having considered the entire case in its proper perspective, this court finds no hesitation to put it on record that the modus operandi adopted by petitioners in taking control of Associated Journals Ltd (AJL) via special purpose vehicle i.e. Young India Ltd (YIL), particularly when the main persons in Congress party, AJL and YIL are the same, evidences a criminal intent. Whether it is cheating, criminal misappropriation or criminal breach of trust is not required to be spelt out at this nascent stage.” “In any case, by no stretch of imagination, it can be said that no case for summoning petitioners as accused in the complaint in question is made out. Questionable conduct of petitioners needs to be properly examined,” the order said, rejecting Gandhis’ argument that there was no illegality in Young India Ltd. (YIL) taking over Associated Journals Ltd. (AJL), the publisher of the now-defunct National Herald newspaper, as per the Companies Act. On June 26, last year, the trial court had issued summons to the Congress leaders on Swamy’s complaint about “cheating” in the acquisition of Associated Journals Ltd. (AJL) by Young India Ltd. (YIL) – “a firm in which both Sonia and Rahul own 38% stake each”. Swamy had claimed that Sonia and Rahul, as majority shareholders of YIL, benefited from the acquisition of AJL. He alleged that AJL had received an interest-free loan of Rs 90.25 crore from the Congress and that the party transferred the debt to YIL for Rs 50 lakh. At the time, AJL, which had Congress leader Motilal Vora as its chairman, claimed it could not repay the loan and agreed to transfer the company and its assets to YIL. Narrating the facts of the case, the high court expressed its displeasure over the involvement of the Congress saying “considering the fact that AJL has sizeable assets of Rs 2,000 crore, it needs to be explained by the petitioners (accused persons) as to what was the need to assign the huge debt of Rs 90 crore when this debt could have been easily liquidated by AJL from its sizeable assets. Even writing off such a huge debt by the Congress party can legitimately attract allegations of cheating, fraud, etc…” Swamy files caveat in SCSubramanian Swamy on Monday filed a caveat in the Supreme Court to pre-empt any ex-parte order on appeals likely to be filed by Sonia Gandhi and Rahul in the National Herald case. “I have filed a caveat in the Supreme Court that in case they file any petition, it should not be heard and no order be passed without giving me an opportunity or without hearing me,” he said.

Rahul and Sonia Gandhi v/s Subramanian Swamy: All you need to know about National Herald case

Hailing the order, BJP leader Nalin Kohli said, “This verdict shows that everybody is equal in eyes of the law. The trial court is looking at the matter and Congress cannot just dismiss as it does not suit them.”

File Photo

In a big blow to Congress president Sonia Gandhi, and party VP Rahul Gandhi, the Delhi High Court on Monday turned down the plea to quash summons against them in the National Herald case. This means that along with the Gandhis, Suman Dubey, Moti Lal Vohra, Oscar Fernandez, Sam Pitroda and Young India Limited, will have to appear in the trial court on Tuesday. BJP leader Subramanian Swamy, a petitioner in the case said: “After listening the whole case, court has decided that petition of Rahul and Sonia should be quashed and they should appear in the trial court. If Rahul and Sonia goes to Supreme Court, I am prepared for that.”<!– Dna_Article_Middle_300x250_BTF –>Hailing the order, BJP leader Nalin Kohli said, “This verdict shows that everybody is equal in eyes of the law. The trial court is looking at the matter and Congress cannot just dismiss as it does not suit them.”What is the case about?Sonia and Rahul were summoned in the case in June 2014, after Swamy had filed a complaint accusing them of cheating and misappropriation of funds in acquiring ownership of now-defunct English daily National Herald. The paper was set up by Jawaharlal Nehru in 1938, and shut down briefly in the 1940s and 1970s, and ceased operations in 2008. Swamy claims that Sonia and Rahul floated Young Indian which bought Associated Journals Limited, publisher of National Herald and the company was shut down by Sonia. He claims that Congress funds were used to buy Associated Journals Limited and that the mother-son duo aimed to grab property worth Rs 2000-crore. The Gandhis are the directors of Young Indian and own 76% and the remaining shares are owned by Motilal Vohra, Oscar Fernandes, Suman Dubey and Sam Pitroda. Swamy has alleged that the Congress gave an unsecured loan of Rs 90 crore to the company. What the court saidMaking scathing observations on the “questionable conduct” regarding how they took control of the publication, Justice Sunil Gaur also turned down the plea of Gandhis and five others for exemption from personal appearance in the case in the trial court, where it is listed on Tuesday.Along with the Gandhis, five other accused–Suman Dubey, Moti Lal Vohra, Oscar Fernandez, Sam Pitroda and Young India Ltd–had challenged the summons issued to them by a trial court on a complaint by BJP leader Subramanian Swamy against them for alleged cheating and misappropriation of funds in taking control of the now-defunct daily.”After having considered the entire case in its proper perspective, this court finds no hesitation to put it on record that the modus operandi adopted by petitioners in taking control of Associated Journals Ltd (AJL) via special purpose vehicle i.e. Young India Ltd (YIL), particularly, when the main persons in Congress Party, AJL and YIL are the same, evidences a criminal intent. “Whether it is cheating, criminal misappropriation or criminal breach of trust is not required to be spelt out at this nascent stage. In any case, by no stretch of imagination, it can be said that no case for summoning petitioners as accused in the complaint in question is made out. Questionable conduct of petitioners needs to be properly examined at the charge stage to find out the truth and so, these criminal proceedings cannot be thwarted at this initial stage,” the judge said in his 27-page order.The judge was also of the view that “the gravity of the allegations levelled against petitioners (Sonia, Rahul and others) has a fraudulent flavour involving a national political party and so, serious imputations smacking of criminality levelled against petitioners need to be properly looked into”.Referring to the complaint by Swamy, the court said that “the transactions of the Congress Party with AJL via YI are not mere commercial transactions as these transactions legitimately attract the allegations of cheating, fraud, breach of trust, misappropriation, etc.”On whether Swamy had the locus to make the complaint, the high court said “the plea of locus standi cannot be restricted to typical cases of cheating, misappropriation, etc., as here is a case where the act of office bearers of political party having criminal overtones is under scrutiny and so, the challenge to the locus of respondent-complainant to maintain the complaint in question is hereby repelled”.The objection to summoning of Pitroda and Fernandes on the ground that they reside outside territorial jurisdiction of the trial court was rejected by the high court by terming it as “hyper-technical”.It also termed as “questionable” the manner in which the shares of AJL were acquired by YIL.”Even writing off such a huge debt by the Congress Party can legitimately attract allegations of cheating, fraud, etc..”Such grave allegations levelled against petitioners cannot be brushed aside lightly by relying upon judicial precedents cited, to conclude that the ingredients of the criminal offences alleged are lacking. To say the least, to do so would be preposterous,” it saidSwamy Response BJP leader Subramanian Swamy filed a caveat in the Supreme Court to pre-empt any ex-parte order on appeals likely to be filed by Congress chief Sonia Gandhi and her son Rahul in the National Herald case. “I have filed a caveat in the Supreme Court that in case they file any petition, it should not be heard and no order be passed without giving me an opportunity or without hearing me,” he said. Bharatiya Janata Party (BJP) leader Subramanian Swamy on Monday filed a caveat before the Supreme Court (SC), urging the apex court not to pass any order without hearing him.“The high court has rejected both the stay and exemption. I expect, as they are law-abiding people, they don’t want to run away from the case after saying that there is no evidence, there is no basis and there is nothing. They should appear in the court and argue there. But, if they want to go to the Supreme Court, I have filed a caveat today, and the apex court, therefore, will not take any decision without hearing me also,” Swamy told reporters here in response to the Delhi High Court’s refusing to quash a lower court’s summons to Congress president Sonia Gandhi and vice-president Rahul Gandhi and four others in the National Herald case.‘It took 15 months of arguments, and finally the judge comes to the conclusion that there is a prima facie case and the magistrate has applied her mind, and therefore, has directed them to return and appear before the magistrate,’ he said, adding that if the Congress leaders want to delay the matter they may appeal to the Supreme Court and seek a stay, and perhaps exemption from appearance.‘If they fail to appear before the court, it can issue warrants as well. The trial, I hope, will go on day-to-day basis and bring the matter to a conclusion in a short period of three-four months, as this is the most scandalous case we have seen in the Modern India,’ said Swamy.‘Sonia and Rahul Gandhi have set up a company with just Rs. 5-lakh capital, and by all kinds of conspiracy they were able to acquire the Associated Journals Limited, which is the company that was publishing National Herald, which has Rs. 5,000 crore worth of property ‘ all given by the government on concessional terms to publish newspapers. So, this kind of fraud has been exposed, and I am confident that in the trial they will be convicted and go to jail,’ he claimed.When asked would he oppose the bail petition, the BJP leader said he would be. ‘Among the accused two are foreigners, but not having foreign passports, which is a big question. Sam Pitroda is a US citizen, who can run away anytime. Therefore, they should not be granted bail until the trial is finished.’Congress Response Earlier, Congress leader Abhishek Manu Singhvi, who is also a renowned advocate: ‘We intend to not only challenge it on all legal recourses available at the appropriate forum ‘ which I am not going into detail as the matter is sub judice ‘ and we intend to seek a continuation of the exemption and stay, which has been continued for over a year when the matter was pending in the high court.’Apart from the Gandhis, the court also dismissed the pleas of Congress treasurer Motilal Vora, family friend Suman Dubey and party leader Oscar Fernandes, who had moved the high court for quashing of summons to them by a trial court.Case Timeline Following is the chronology in the National Herald case in which Congress President Sonia Gandhi and her son Rahul’s pleas challenging summons issued to them by a trial court were today dismissed by the Delhi High Court.* Jan 2013: National Herald case filed by BJP leader Subramanian Swamy against Sonia and Rahul Gandhi, their companies and associated persons in a Delhi court.* Jun 26, 2014: Gandhis summoned as accused by a Delhi court in the criminal complaint for alleged cheating and misappropriation of funds in acquiring ownership of now-defunct daily National Herald.* Aug 1 : Delhi HC issues notice to Swamy on a batch of petitions filed by Gandhis and others in the case seeking stay on summons issued for August 7.* Aug 6 : HC stays proceedings against Gandhis and others in the case.* Dec 15 : HC extends stay till disposal of the appeals.* Jan 12, 2015: Judge recuses from hearing Sonia and Rahul’s plea.* Jan 27: Supreme Court asks Swamy to make out a case for speedy trial in HC since petition cannot be heard directly.* Dec 4: HC reserves order on pleas.* Dec 7: HC refuses to quash lower court’s summons to Sonia and Rahul Gandhi in the case.With Agency Inputs

National Herald Case: Delhi HC dismisses pleas of Sonia, Rahul; asks them to appear before court tomorrow

The Gandhis and the other five accused–Suman Dubey, Moti Lal Vohra, Oscar Fernandez, Sam Pitroda and Young India Ltd–will have to appear in the trial court on Tuesday, before which the case will come up.
File Photo
PTI
In a blow to Congress President Sonia Gandhi and her son Rahul Gandhi, Delhi High Court on Monday dismissed their pleas challenging summons issued to them in the National Herald case in which they have to appear before the trial court on Tuesday.”Petitions are dismissed,” Justice Sunil Gaur said in his judgement while also declining another of their plea for exemption from personal appearance in the lower court.The Gandhis and the other five accused–Suman Dubey, Moti Lal Vohra, Oscar Fernandez, Sam Pitroda and Young India Ltd–will have to appear in the trial court on Tuesday, before which the case will come up. It also refused to extend the August 6, 2014 interim order by which the summons were stayed.<!– Dna_Article_Middle_300x250_BTF –>”No,” Justice Gaur said in response to oral pleas by senior advocate Harin Raval, appearing for the accused, that either an exemption from personal appearance be granted or the August 6, 2014 order staying the summons be extended.The court, in its judgement, has also questioned the need for extending interest-free loan to Associated Journals Ltd (AJL) the publishers of National Herald. “Where was need to extend interest free loan,” it said. The trial court had on June 26 last year summoned all the above accused to appear before it on August 7, 2014 on Swamy’s complaint.The Congress leaders had, thereafter, on July 30, 2014, moved the high court which had stayed the summons on August 6 last year. Thereafter, on December 15, 2014, the court had stayed the summons till final disposal of the petitions.The summons were issued on a criminal complaint lodged by BJP leader Subramanian Swamy for alleged cheating and misappropriation of funds in acquiring ownership of now-defunct daily National Herald.

Executive’s power to remit sentence can’t be taken away: Supreme Court judges

Justices U U Lalit and A M Sapre, who concurred with other three judges led by Chief Justice H L Dattu on six questions arising out of Tamil Nadu government’s decision to free killers of Rajiv Gandhi, differed on the issue

Supreme Court

Courts cannot take away the statutory powers of the Centre and the states to grant remission to convicts, two judges of the Supreme Court on Wednesday said in a dissenting verdict.Justices UU Lalit and A M Sapre, who concurred with other three judges led by Chief Justice HL Dattu on six questions arising out of Tamil Nadu government’s decision to free killers of Rajiv Gandhi, differed on the issue and said the courts cannot quantify the jail term leading to a situation where Executive is stopped from exercising their power of remission provided under CrPC.<!– Dna_Article_Middle_300x250_BTF –>”In our view, it would not be open to the court to make any special category of sentence in substitution of death penalty and put that category beyond application of remission, nor would it be permissible to stipulate any mandatory period of actual imprisonment inconsistent with the one prescribed under Section 433A of CrPC,” Justice Lalit, who wrote 80-page long separate judgement, said. The verdict also said that the life imprisonment “means imprisonment for the rest of life or the remainder of life of the convict”.However, such a convict can “always apply for obtaining remission” either under the provisions of the Constitution or under CrPC and “the authority would be obliged to consider the same reasonably”. The three other judges namely CJI Dattu and justices FMI Kalifulla and P C Ghosh upheld the principles enunciated in the Swamy Shraddananda judgement which had said that “a special category of sentence may be made for very few cases where the death penalty might be substituted by the punishment of imprisonment for life or imprisonment for a term in excess of 14 years” and they can put beyond the power of remission of the executives.Referring to the Shraddananda judgment, the majority view said that courts can ignore remission right in heinous crimes like mass murder and terrorism by awarding sentences ranging from 20 to 40 years unless it is not rarest of rare offences emitting death sentence.”We hold that the ratio laid down in Swamy Shraddananda that a special category of sentence, instead of death can be substituted by the punishment of imprisonment for life or for a term exceeding 14 years and put that category beyond application of remission is well-founded and we answer the said question in the affirmative,” the majority judgement said.

Supreme Court dismisses PIL on probe into Rahul Gandhi’s citizenship

New Delhi: The Supreme Court today dismissed a plea seeking a direction to CBI to register a case against Congress Vice President Rahul Gandhi for allegedly declaring himself as a British national before company law authorities there.

Rahul Gandhi. AFPRahul Gandhi. AFP

Rahul Gandhi. AFP

Chief Justice H.L. Dattu and Justice Amitava Roy dismissed the PIL filed by lawyer M L Sharma, saying PILs cannot be centered around individuals. The bench questioned the “authenticity of the document” attached with the PIL and the manner in which the papers were procured. “Can we start making roving inquiries,” the bench asked while turning the petition as “frivolous”.

The court also questioned the petitioner about the authenticity of the documents he had placed before the court.

Earlier the apex court had refused urgent hearing on a plea filed by lawyer M L Sharma.

Recently, BJP leader Subramanian Swamy has alleged that the Congress Vice President has claimed himself to be a British national before the authorities in connection with incorporation of a firm.

PTI

A faint rainbow emerges: Politicians and political parties express support for LGBTQI rights, push to repeal Sec 377

In times when we are vehemently discussing ‘intolerance’ in the country, the LGBTQI rights have oft been given the raw end of the deal in debates and discussion. But the movement in the country got a fresh and positive push in the right direction. Union Finance Minister, Arun Jaitley, speaking at the Times LitFest on 28 November said that the Supreme Court’s ruling on criminalising homosexual relations need to be reconsidered as such laws “were not in sync with the jurisprudential development on gay rights world over,” reported The Times of India.

Finance Minister Arun Jaitley. ReutersFinance Minister Arun Jaitley. Reuters

Union Finance Minister Arun Jaitley. Reuters

The paper quoted him saying, “The court was not dealing with any personal law and was on the issue of order of nature and the Delhi high court has held that it was not an offence. The SC took a very conservative approach on the issue and the judgment needs to be reconsidered.”

While he made statements in his ‘personal capacity’, political parties like Aad Aadmi Party and the Left vociferously supported the rights of the LGBTQI community and said that they were in support of repealing the Section 377 of the Indian Penal Code which criminalises homosexual relations. P Chidambaram also said that the Delhi High Court verdict decriminalising gay sex was “wonderful” and that the Supreme Court should have upheld it, according to The Times of India.

Jaitley’s remarkable statements ring true, India with its negative outlook on homosexuality, where it is marked as a ‘criminal offence’ places the country in the group along with countries like Saudi Arabia, Sudan, Iran and Yemen. According to The Independent, these countries invoke the death penalty for homosexuals.

In 2012, the government submitted data to the apex court putting the number of homosexuals in India at 25 lakh, of these, 7 percent were HIV positive, according to The Hindu. The government also submitted that criminalising homosexuality could lead to fewer men and women coming out and seeking medical help in terms of HIV.

In response to Jaitley’s progressive remarks, Subramanian Swamy took to Twitter and said:

Twitterati’s did not take his statements well and egged him on,

Subramanian Swamy and his statements aside, the LGBTQI rights movement appeals to the very basic tenets of our Constitution that guarantees fundamental rights to all citizens of the country. However, as far as the right to belong to any sexual orientation and freely practice said affiliations are crushed by the weight of morality that is subscribed a section of people in the country. And this very subscription being prescribed to the rest of the country is problematic and goes against the very grain of our Constitution.

It is heartening to see politicians who usually are at loggerheads with each other about ideologies and philosophies, are rising to the occassion to stand in favour of what can only be described as a draconian and irrelevant law in these times. Shouldn’t laws understand the needs of the people it seeks to protect?

In the US, gay marriage was only recently legalised, perhaps we can aspire towards that goal by decriminalising a person’s sense of identity — his/her sexual orientation. Our laws need to further themselves from the heteronormativity that has been prevailing since the times they were formulated in.

Citizenship row: Plea in Supreme Court to register case against Rahul Gandhi

Recently, BJP leader Subramanian Swamy has alleged that the Congress vice-president has claimed himself to be a British national before the authorities in connection with incorporation of a firm.

BJP leader Subramanian Swamy has alleged that the Congress vice-president has claimed himself to be a British national. (File Photo)

PTI
A plea was filed on Monday in the Supreme Court seeking a direction to CBI to register a case against Congress Vice President Rahul Gandhi for allegedly declaring himself as a British national before company law authorities there.Recently, BJP leader Subramanian Swamy has alleged that the Congress vice-president has claimed himself to be a British national before the authorities in connection with incorporation of a firm. BJP leader Subramanian Swamy on Saturday accused Congress leader Rahul Gandhi of evading questions on the issue allegedly involving him in the incorporation of a company in Britain in 2003. “I have obtained documents which show that Rahul Gandhi had claimed himself to be a British national before the company law authorities there for setting up a company,” Swamy told reporters here. “Rahul Gandhi has confessed that he is a British citizen.The onus to prove he is innocent is on Rahul Gandhi,” he said in reply to a query.<!– Dna_Article_Middle_300x250_BTF –>”How can one believe that for five years Rahul continued making a typing mistake,” Swamy said on Congress party’s stand that the mention of being a British national in the documents may have been a typing error. Rahul has rejected the allegations against him and has dared Prime Minister Narendra Modi to order an inquiry against him and jail him if he is proved guilty. He accused Modi of using his ‘chamchas’ (cronies) to throw mud at him like the RSS and BJP did against his parents and grandmother Indira Gandhi.

Supreme Court to hear Subramanian Swamy’s plea on Ram Sethu on November 26

The Sethusamudram shipping channel project has been facing protests from some political parties, environmentalists and several Hindu religious groups.
File Photo
dna Research & Archives
The Supreme Court on Monday agreed to hear on Thursday BJP leader Subramanian ​Swamy’s plea to withdraw his 2009 petition against the Sethusamudram project, following a recent decision of the Centre that the mythological bridge Rama Sethu would not be dismantled.”List it for hearing on Thursday. We will hear it provided all parties agree,” a bench comprising Chief Justice H L Dattu and Amitava Roy said when Swamy mentioned the matter for urgent listing. Swamy said his prayer for scrapping of the project stands satisfied after the Centre took a decision and hence, he wanted to withdraw his plea.<!– Dna_Article_Middle_300x250_BTF –>The Sethusamudram shipping channel project has been facing protests from some political parties, environmentalists and several Hindu religious groups. The mythological Ram Sethu is a continuous stretch of limestone shoals that runs from Pamban Island near Rameshwaram in South India to Mannar Island off the northern coast of Sri Lanka.Under the Sethusamudram project, a 83-km-long deep water channel would have been created linking Mannar with Palk Strait by extensive dredging and removal of the limestone shoals which constitute the Sethu.

Citizenship row: Onus on Rahul Gandhi to prove he is innocent, says Subramanian Swamy

“How can one believe that for five years Rahul continued making a typing mistake,” Swamy said.

“I am happy he (Rahul) called me a chamcha as in Congress, chamcha is a very high post,” Swamy said.

File Photo
BJP leader Subramanian Swamy on Saturday accused Congress leader Rahul Gandhi of evading questions on the issue allegedly involving him in the incorporation of a company in Britain in 2003. “I have obtained documents which show that Rahul Gandhi had claimed himself to be a British national before the company law authorities there for setting up a company,” Swamy told reporters here. “Rahul Gandhi has confessed that he is a British citizen.The onus to prove he is innocent is on Rahul Gandhi,” he said in reply to a query.<!– Dna_Article_Middle_300x250_BTF –>”How can one believe that for five years Rahul continued making a typing mistake,” Swamy said on Congress party’s stand that the mention of being a British national in the documents may have been a typing error. Rahul has rejected the allegations against him and has dared Prime Minister Narendra Modi to order an inquiry against him and jail him if he is proved guilty. He accused Modi of using his ‘chamchas’ (cronies) to throw mud at him like the RSS and BJP did against his parents and grandmother Indira Gandhi.”I have also been labelled as a ‘chamcha’,” the BJP leader said. “I am happy he (Rahul) called me a chamcha as in Congress, chamcha is a very high post,” Swamy said. I feel that being called a chamcha is a great compliment, he added.

Subramanian Swamy targets Rahul Gandhi again, says will ask ED to register FIR

“I have produced documents, submitted by the company in which Rahul Gandhi is the 65 percent shareholder, director and company secretary. He is informing the registrar of companies on his annual return that he is a citizen of Britain in writing, not for one year, but four years in a row,” he added.

Continuing his stand that Congress vice-president Rahul Gandhi had taken British citizenship to set up a company in the United Kingdom, Bharatiya Janata Party (BJP) leader Subramanian Swamy on Wednesday said that he will ask the Enforcement Directorate to register an FIR against the former.”One crime has been admitted by Congi: Buddhu did set up a company in UK. So a FIR is to be registered under FCRA, PMLA, FEMA. I will ask ED.I have traced Backops as a shell co. to companies receiving kick backs in Indian defence deals’ illegal commission. Another press conference (sic),” Swamy said in a series of tweets.<!– Dna_Article_Middle_300x250_BTF –>Earlier, the senior BJP leader had asked Rahul Gandhi to release all the documents that he has in his possession regarding his ‘citizenship’.”For setting up a company in Britain, if he is an Indian citizen and has not informed the Indian Government under FCRA (Foreign Contribution Regulation Act), then he is subjected to prosecution. If he has not declared it in his affidavit as a candidate for Lok Sabha, not once but twice, then he is subjected to prosecution and even removal from his membership on that basis,” Swamy had said.”I have produced documents, submitted by the company in which Rahul Gandhi is the 65 percent shareholder, director and company secretary. He is informing the registrar of companies on his annual return that he is a citizen of Britain in writing, not for one year, but four years in a row,” he added.Earlier, Swamy claimed of having evidences which could prove that the Congress vice president is a ‘British national’.Swamy alleged that Rahul Gandhi had declared himself as a British citizen between 2003 and 2009 in order to set up a private company in London, and has written to Prime Minister Narendra Modi demanding that the government strip the Congress vice-president of his Indian citizenship.However, the Congress Party rubbished the claims saying that Swamy and the BJP were repeating rehashed allegations levelled earlier on multiple occasions.”Swamy and BJP are repeating rehashed allegations levelled earlier on multiple occasions including through press conferences held in Ahmedabad and Delhi in October 2012…From the day he was born, Rahul Gandhi has held Indian citizenship and Indian passport and has never held citizenship of any other country nor has he represented as such. The allegation by Swamy is entirely false. The Certificate of Incorporation of the said company is enclosed and clearly mentions,” Congress leader Randeep Singh Surjewala said.

BJP wants Rahul Gandhi to come clean on ‘British citizenship’ issue, may raise it in Parliament

We seek an explanation from Rahul Gandhi as these are legal documents and legal documents have legal repercussions, BJP spokesperson Meenakshi Lekhi said at a press conference here on Tuesday.

As the Opposition gears up to corner the government in Parliament, the BJP is preparing its own strategy to get back at it. BJP leader Subramanian Swamy’s allegations that Congress vice-president Rahul Gandhi had declared himself a British citizen has given ammunition to the party to take on the opposition.Party sources said the issue is likely to be taken up in Parliament’s winter session, which begins on November 26. After the Bihar defeat, the government was anticipated a more aggressive opposition in Parliament, particularly in Rajya Sabha where the numbers were tilted against it. Rahul and leaders of other opposition parties are preparing a united onslaught on the Modi government on the ‘intolerance’ issue.<!– Dna_Article_Middle_300x250_BTF –>However, in the wake of Swamy’s accusations against Rahul, the BJP is hoping to cash in on it to embarrass the Congress.”We seek an explanation from Rahul Gandhi as these are legal documents and legal documents have legal repercussions,” BJP spokesperson Meenakshi Lekhi said at a press conference here on Tuesday.Dismissing the Congress’s rejection of the allegations, she said “the kind of response expected is not coming. The matter needs to be explained. It pertains to his Indian nationality,” she said.Asked if the party was associating itself with Swamy’s allegations, Lekhi said “anything brought in public purview we cannot close our to. Its about a document. He has to come clean.”However, she evaded a question on whether the BJP would raise the issue in Parliament saying “it will be determined consequently.”Swamy, at a press conference on Monday, released a letter he wrote to Prime Minister Narendra Modi in which he sought steps to strip Rahul of his Indian citizenship. However, Swamy had said he was not speaking on behalf of the party.The Congress continued to be dismissive of the allegations against Rahul saying he has been an Indian citizenship from the day he was born. Congress leader in Lok Sabha Mallikarjun Kharge described the issue as bogus saying it was to defame Rahul.”They wanted to divert, because now, they are fighting internally and there are internal scribbles. To divert the attention of public, they are saying such things,” Kharge said.It is a bogus issue: KhargeThe Congress continued to be dismissive of the allegations against Rahul saying he has been an Indian citizenship from the day he was born. Congress leader in Lok Sabha Mallikarjun Kharge described the issue as bogus saying it was to defame Rahul.

Tipu Sultan, ‘servant of French’, had no qualities worth celebrating: Subramanian Swamy

Karnataka government has decided to celerbrate Tipu Sultan’s birth anniversary from this year with the main event held here on November 10.

BJP leader Subramanian Swamy on Saturday described Tipu Sultan as a “servant of the French” and said the 18th century ruler of Mysore had no qualities for his memory to be celebrated. “His (Tipu) supporters say he fought the British, well he fought the British not as an independent entity, he fought the British as what I would say as the servant of the French,” Swamy said. He said,”Napolean had arrived in Africa. He was confident of winning the war there and he wanted to come to India, so there was an alliance made by the French and Tipu Sultan to fight the British together.”<!– Dna_Article_Middle_300x250_BTF –>”Of course, Napolean lost the war and ended up also losing his position in France. But there is nothing to say that this man (Tipu) has any qualities for which we can celebrate his memory,” Swamy told reporters after a ‘discussion’ organised by “The Open Platform for Netaji.”Karnataka government has decided to celerbrate Tipu Sultan’s birth anniversary from this year with the main event held here on November 10. The celebration amidst protest from few pro-Hindu outfits had lead to death of two persons in Kodagu district following clashes, and a man was stabbed in Bantwal taluk near Mangaluru.Stating that there is no academically or scholarly or intellectually acceptable biography of Tipu Sultan, Swamy said the only authentic records “we have is the letters he wrote to his commander in chief, friends and so on.” He said “on the basis of whatever material that is available, there is no doubt that in various parts of India like Coorg, Kerala, Malabar in particular, of course in Trivandrum area where he got a beating- there he has engaged in a severe brutality with focus on Poojari’s of the area.”He said rocketry for which Tipu is credited for by few historians was developed much before and was used by Kings earlier also. Pointing out that for 216 years no government ever thought of celebrating Tipu or even remembering him, Swamy said,”It is being deliberately done because Congress party is desperate that they may loose the next elections.” Swamy said he will request for reopening of cases into the deaths of few national leaders including Mahatma Gandhi after the secret files related to Subhas Chandra Bose will be declassified by the central government beginning January 23.”I will have to request for Shyama Prasad Mukherjee, Deendayal Upadhyaya case also….” he said.On Subash Chandra Bose case, Swamy said “After January 23 basic thing will be clear that Subash Chandra Bose did not die in the air crash, he reached Russia after that what happened every thing will be out.”

Rajya Sabha MP asks PM Modi to declare November 26 as Citizens Day

PM had announced last month that November 26 would be observed as the Constitution Day from this year onwards to make students aware of the relevance of the constitution, preamble and B R Ambedkar.
File Photo
dna Research & Archives
Rajya Sabha MP AV Swamy has urged Prime Minister Narendra Modi to declare November 26 as Citizens Day or National Pledge Day and on that day the student community across the country should give a written commitment in their mother tongue to shun violence.”It would be a great day in the history of this country if 30 crore students give a written commitment in their mother tongue to shun violence in any form in a piece of paper with signatures of their parents,” Swamy said. Swamy, in a letter to the Prime Minister asked him to declare November 26 as the Citizens Day or National Pledge Day.<!– Dna_Article_Middle_300x250_BTF –>”For the last three years I had been writing to the Prime Minister and HRD Minister for declaring November 26 as the Citizens Day or National Pledge Day as this is the most significant day in the history of this country but most people do not realise it,” he added.PM had announced last month that November 26 would be observed as the Constitution Day from this year onwards to make students aware of the relevance of the constitution, preamble and B R Ambedkar.”I feel involvement of school students in the programme across the country would be more meaningful,” Swamy, advisor to the the Build India Group said, adding that methods as followed the Group would be “very appropriate”. Build India Group, a Delhi based civil society body has been been circulating a pledge in drafted 15 languages in various educational institutions in the country for the last eight years.The pledge reads as “we reject violence in any form. We shall keep our environment clean and tidy. We promise to be good citizens and, therefore, we are taking this solemn pledge”.

Government against Subramanian Swamy’s plea for ending provision on hate speech

Swamy, who is facing a court case in Karimganj in Assam for allegedly delivering an inflammatory address at Kaziranga University, sought relief from the apex court in the case

Subramanian Swamy

The Centre has sought in the Supreme Court the dismissal of BJP leader Subramanian Swamy’s plea challenging the constitutional validity of penal provisions on speeches and writings that could cause enmity and hatred among communities.”That the challenge of the constitutionality of section 153A of the IPC on the ground that it violates the guarantee of the freedom of speech and expression must be rejected because the section seeks to punish only (a) such acts which have the tendency to promote enmity or hatred between different classes (b) such as which are prejudicial to the maintenance of the harmony between different classes and which have tendency to disturb public tranquillity.<!– Dna_Article_Middle_300x250_BTF –>”These acts are clearly calculated to disturb public order and show the limitation imposed by section 153A are in the interest of public order. Article 19(2) would, therefore, save section 153A as being within the scope of permissible legislative restriction on the fundamental right guaranteed under Article 19 (1)(a),” said the affidavit filed by an Under Secretary in the Home Ministry.The affidavit has also referred to a book written by the BJP leader.”The petitioner has written a book named Terrorism in India where he has made hate speeches against the community of India. The book-its theme, its language, innuendos, similes it employs and the moral of its story, if any–in order to ascertain whether the offending passages read in the context of the book as a whole fall within the mischief of section 153A. “The book (is) to be considered in all its aspect as it contains matter which “promotes feelings of enmity and hatred between Hindus and Muslims in India.” Therefore, the petitioner has violated the sections of IPC,” the MHA said in its affidavit.Swamy, who is facing a court case in Karimganj in Assam for allegedly delivering an inflammatory address at Kaziranga University, sought relief from the apex court in the case. He also challenged the constitutional validity of Section 153A (Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc, and doing acts prejudicial to maintenance of harmony) of the Indian Penal Code.Earlier, on May 21, a judge of the apex court had recused from hearing his plea challenging the validity of some penal provisions relating to “hate speech”.The apex court was hearing Swamy’s plea against the order of an Assam trial court issuing an NBW against him for failing to appear before it on March 19 in a case of alleged hate speech. The NBW was issued on June 1 by a court in Karimganj on a complaint accusing him of allegedly delivering an inflammatory address on March 15 at Kaziranga University. The Karimganj court had ordered that the arrest warrant be complied with on or before June 30. Proceedings in the case have been stayed in the Assam court.

National Herald case: Delhi HC judge questions Congress party’s actions

The Gandhis and others moved the High Court on Wednesday opposing a “different treatment” being meted out to the case in violation of the practice and procedures of the Court by transferring a part-heard matter.
File Photo
AFP photo
Justice Sunil Gaur of the Delhi High Court on Thursday raised some questions about the Congress party’s action of assigning to a charitable company a debt of Rs 90.25 crore owed to it by the publishers of National Herald.”It is not a mere commercial transaction. It has wider ramifications. How a political party behaves is everyone’s concern. It is precisely an act of a political party which is under scanner here,” the judge observed as he resumed hearing in the challenge filed by Sonia Gandhi, Rahul Gandhi and some others against a trial court order in a complaint filed by BJP leader Subramanian Swamy.<!– Dna_Article_Middle_300x250_BTF –>The case came back to Justice Gaur’s court after it was posted before another bench under the roster system. The Gandhis and others moved the High Court on Wednesday opposing a “different treatment” being meted out to the case in violation of the practice and procedures of the Court by transferring a part-heard matter.The party had loaned Rs 90.25 crore to Associated Journals Ltd. (AJL) and on December 28, 2010 it had assigned this debt to Young Indian Ltd (YIL), the charitable company, for Rs 50 lakh, which, according to Swamy, amounted to breach of trust and cheating. On his complaint, a trial court had issued summons to Congress President Sonia Gandhi, her son Rahul and five others, including YIL.Justice Gaur made the observations while hearing arguments in the petitions filed by Sonia, Rahul, YIL and four others-Congress treasurer Moti Lal Vora, General Secretary Oscar Fernandes, Suman Dubey and Sam Pitroda-challenging the summons issued by the trial judge. The judge’s observation came during arguments on the issue of whether Swamy had the locus to question the transaction of Congress party.Senior advocate Kapil Sibal, appearing for Sonia, argued that Swamy did not have a locus to file a complaint of breach of trust or cheating as he was not a victim.Sibal also said that the money loaned to AJL by Congress was money that was donated to the party and it was free to use those funds as it pleased. The party could have also written off the loan, he added. He said the giving of loans to AJL by the Congress was an action which was in consonance with the objectives of the party and in line with objectives of AJL.Referring to Swamy’s contention that the Representation of the People Act and the constitution of the party do not provide for giving loans and that the Congress has violated the law, he said “Where is the logic in this? Absence of a provision does not mean prohibition. In a democracy what is not prohibited can be done.”Senior advocate Abhishek Manu Singhvi, appearing for Rahul, also agreed with Sibal on these points and added that though there was a change of shareholding when YIL was assigned the debt, there was no change in ownership of the assets of AJL and therefore, there was “no entrustment”. He also said that to attract the charge of cheating, there has to be an “identified victim” who has been deceived, and Swamy was not such a victim. They also said that the offences the Congress leaders were accused of were compoundable. “So how does he (Swamy) come in?,” he queried.Besides, Sibal and Singhvi, senior advocate Harin Raval also submitted similar arguments on behalf of Vora, Fernandes and YIL. The court, thereafter, listed the matter for further hearing tomorrow when it will hear arguments on behalf of Pitroda, Dubey and Swamy. The trial court had on June 26 last year summoned Sonia, Rahul, Vora, Fernandes, Dubey and Pitroda to appear before it on August 7, 2014 on Swamy’s complaint.The Congress leaders had, thereafter, on July 30, 2014, moved the high court which had stayed the summons on August 6 last year. Thereafter, on December 15, 2014, the court had stayed the summons till final disposal of the petitions.

Govt should acquire disputed Ayodhya site to build temple: VHP

They will hold a seminar in January in which deliberations will take over over rebuilding of temple, says VHP

Swami and VHP general secretary Champat Rai claimed that excavation reports have stated that a temple existed there.

Pushing for construction of Ram temple in Ayodhya, Vishwa Hindu Parishad on Wednesday asked the Centre to acquire the disputed site, where Babri mosque was torn down by Hindutva activists in 1992, for this purpose. BJP leader Subramanian Swamy joined VHP patron Ashok Singhal in making the demand, saying the party’s manifesto for the 2014 elections had promised the temple’s construction and the Modi government should take steps in this regard. They, however, told a press conference that they would wait for the Supreme Court’s decision on the sensitive issue before deciding on further course of action. “The government for a public interest purpose can issue a notice to the Babri Masjid Muthwali (hereditary supervisor) for acquisition of the land and building of Babri Masjid and offer (to Muslims) another site to build a mosque, perhaps across the Saryu river,” they said in a statement.<!– Dna_Article_Middle_300x250_BTF –>”There is no obstacle in the construction of the Ram temple…. Government should take an initiative. BJP’s manifesto has also spoken about it,” Swamy said. To “spread awareness” among people, they will hold a seminar in January in which deliberations will take over over rebuilding of temple. Swami, president of Virat Hindustan Sangam, also shared a purported affidavit submitted by the then government before the apex court in 1994 in which it had stated that if existence of a temple was established, its action will be in “support of the wishes of Hindu community”.Swami and VHP general secretary Champat Rai claimed that excavation reports have stated that a temple existed there. Swami said he had already written to Prime Minister Narendra Modi on the issue and made several suggestions for the construction of temple. “I have not received a reply. I will take it up again after Bihar Assembly polls,” he said. He had also asked party chief Amit Shah to convene a special session of National Council of BJP over the issue, he added.

Subramanian Swamy advises PM Modi to sack Raghuram Rajan if bank rates are not cut

RBI on Tuesday will announce its monetary policy and most market participants and the economist are hopeful of rate cut.

Subramanian Swamy

Bharatiya Janata Party (BJP) leader Subramanian Swamy has said that Prime Minister Narendra Modi must instruct Reserve Bank of India (RBI) Governor Raghuram Rajan to either cut rates or be ready to be sacked. “PM must make clear to RBI Gov: Rate cut now or Rajan cut right away,” said Swamy in a tweet.RBI on Tuesday will announce its monetary policy and most market participants and the economist are hopeful of rate cut. Earlier last month at Jackson Hole, Rajan had mentioned that the Central Bank had cut interest rates thrice in the year and were still in an accommodative mode, this statement have fuelled their hopes of a rate cut. <!– Dna_Article_Middle_300x250_BTF –>Subramanian Swamy on the past also has criticised the government on various issues especially the inability to bring back black money. “This bill is in my opinion incomplete as far as our electoral promises are concerned, which is to bring the black money back. This bill is meant for when you bring the black money back, how it is to be treated from the tax angle. Where is the measure for bringing all this (black money) back? None whatsoever,” he said. “It is essentially therefore an income tax type bill with very harsh measures,” Swamy said earlier.

Make me a Union minister instead: Here’s why Subramanian Swamy will not be the next VC of JNU

The post of Jawaharlal Nehru University vice-chancellor is not one that Subramanian Swamy wishes to hold. He wants to remain in active politics and be part of Prime Minister Narendra Modi’s cabinet, if possible.

This is the fifth time he has declined a government post offered to him in the past year, but there is a difference this time round. The other posts were offered quietly, as is the norm with any top appointment, and Swamy quietly declined them. But this time since it involved JNU, a premier Left-oriented Central university, the “leak” of news that Swamy — a known proponent of Hindutva — was being considered as the next VC was bound to create a storm.

The offer, if it actually fructifies, couldn’t be more ironic. Swamy’s views on Jawaharlal Nehru are too well known. He does not consider Nehru a nationalist, and occasionally uses even stronger words to denounce Nehru and his legacy. One does not have to be an astrologer or a meteorologist to say that Swamy heading a university founded in Nehru’s name is a certain recipe for an onset of days full of hail and storm.

Subramanian Swamy. IBN Live.

Subramanian Swamy. IBN Live.

Swamy, it seems is enjoying the attention, and with a series of tweets, has kept the debate going: “Media is on fire that I have been offered the JNU VC post. No formal offer nor will there be if the Govt cannot meet my preconditions.” In another tweet he said, “PTs are overwhelmingly against my accepting JNU VC post. No question of my considering unless allowed to rusticate anti-national students.” In his latest tweet he said “I think JNU needs an Anti Narcotics Bureau campus branch office to raid dorms and arrest naxals, Jehadis and Elis. BSF camp also”.

Swamy said to Firstpost, “My mind is focused. I will be in politics. If they have to give me something then they could offer me a ministerial berth in the Union Cabinet.”

Swamy had earlier stated that in the days before the 2014 Parliamentary Election, he had been promised the finance minister’s job by someone at the top, but after the election, the same person told him that as a result of certain compulsions, he could no longer have the post. Then came an offer for the post of governor, which he refused because he didn’t want to go into ‘retirement mode’. This was followed by the offer of an ambassadorial post in the US or some Western country. A UN posting was also offered, after which the job of BRICS Bank chairman was also offered to him. He didn’t take that one either.

The post of JNU VC is the latest in the long list of offers, and he has once again said no. Sources close to him say that he suspects that some members of the BJP — a senior minister in particular — wants him to be pushed out of political horizon. Swamy on his part is in no mood to oblige them.

The leadership is not offering him what he actually wants for two reasons: First, who will tame his fiercely independent streak and tendency to speak his heart irrespective of the political consequences it might have? Second, Swamy is now 76, a year older than the RSS’ prescribed age for holding such posts. Yashwant Sinha had famously described 75-plus as “brain dead” in the party.

The JNU VC’s offer came to him through some well placed “well-wishers” and they cited various reasons why his services were required there, sources said. Those who made the offer to him said that they had suspected that he (Swamy) would say “no” to them, but they were still conveying the message.

Swamy in turn, told the “well wishers” that he wouldn’t accept the offer and if he did he would do it only if his conditions were met. Swamy was well aware that these were near-impossible conditions which could never be granted, so the offer was as good as dead. But the arguments made by Swamy apart from what he has tweeted, are interesting.

Sources said he told them if he takes over, he would expel hundreds of naxals and LTTE sympathisers from the campus, and take such other measures that would create an uproar in Parliament. To defend his actions, he would need to be in Parliament and thus would need to be made an MP. But if he becomes an MP, he can’t be a VC.

If he becomes a VC, a joint secretary from the HRD Ministry would often bother him with certain orders, and since he has been a Union minister it would be beneath his dignity to take orders from a joint secretary. So if at all, he had to become a VC, the government first needs to upgrade his position to Cabinet status.

And finally, if he has to be given the status of a Cabinet minister, why would he need to become a VC and not a minister in the Union government?

It’s safe to say the JNU VC offer is as good as dead.

BJP leader Subramanian Swamy to be next vice-chancellor of Jawaharlal Nehru University?

It is learnt that HRD Minister Smriti Irani spoke to Swamy about the offer. However, there was no official communication from the Ministry.

BJP leader Subramanian Swamy

HRD Ministry is believed to have offered the post of Jawaharlal Nehru University (JNU) vice chancellor to BJP leader Subramanian Swamy, but he has put some conditions before accepting the coveted post.It is learnt that HRD Minister Smriti Irani spoke to Swamy about the offer. However, there was no official communication from the Ministry.It also remained unclear what riders the BJP leader has placed before the Ministry for accepting the offer.Interestingly, the development comes even before the Union Ministry is to finalise the search-cum-selection committee for selecting the new VC. The current VC S K Sopory is set to retire in January next year.<!– Dna_Article_Middle_300x250_BTF –>As per the rules, a panel of names selected by the committee is sent to the President ( who is Visitor of the central varsities) by the HRD Ministry before the announcement of the new VC. The advertisements for inviting applications from the interested candidates for appointment of the new VC was given in August this year.

National Herald case: ED may soon file complaint of money laundering

The ED’s decision comes weeks after the Department of Revenue had sought legal opinion on the noting of a joint director, who was looking into the case earlier, that a PMLA case cannot be made out as there is no predicate offence that could be made out against the two Congress leaders.

Last month, ED had said that no case made out against Congress President Sonia Gandhi and Vice President Sonia Gandhi.
File Photo
PTI photo
The Enforcement Directorate may now register a complaint of money laundering in the National Herald case, days after a senior official of the agency had noted that there was no case made out against Congress President Sonia Gandhi and Vice President Sonia Gandhi. The Directorate may register a case soon, a senior official said on Friday.The ED’s decision comes weeks after the Department of Revenue had sought legal opinion on the noting of a joint director, who was looking into the case earlier, that a PMLA case cannot be made out as there is no predicate offence that could be made out against the two Congress leaders. The legal opinion favoured filing of a case under PMLA, the sources said.<!– Dna_Article_Middle_300x250_BTF –>BJP leader Subramanian Swamy had claimed that ED had wrongfully arrived at such a conclusion.Days later, the government cut short the tenure of the then ED chief Rajan Katoch, who was holding the ED Director post in an additional capacity, and appointed Special Director of the agency Karnal Singh as the acting Director.A trial court had issued summons against Gandhi, her son, senior Congress leaders Moti Lal Vora, Suman Dubey and Oscar Fernandes, which was stayed by the Delhi High Court. Gandhi’s counsel Kapil Sibal had argued before the High Court that there no criminal breach of trust and no criminal conspiracy and neither any cheating took place and it is a simple company matter where Young Indian (YIL) has taken over the Associated Journals (AJL).The counsel had also challenged the locus standi of Swamy saying it was a company matter and “no stranger can question the company s transactions”.

Will move court, if Centre doesn’t declassify Netaji’s files, says Subramanian Swamy

The courage that Mamata Banerjee has shown is commendable and the Central Government should also declassify files related to Bose. This should have been done earlier, he added.

Bharatiya Janata Party leader Subramanian Swamy on Friday said that he would move court against the Central Government, if it doesn’t declassify the files related to Netaji Subhash Bose by the end of this year.I have already told the government to declassify the files or else I will move court by the year end. They don’t have an authority to keep the files of Subhash Bose in secret, Swamy told ANI.The courage that Mamata Banerjee has shown is commendable and the Central Government should also declassify files related to Bose. This should have been done earlier, he added.<!– Dna_Article_Middle_300x250_BTF –>Swamy also said the reason given by the bureaucrats, that the declassification of these files would hamper the foreign relations, is totally baseless.There is no Soviet Union now and in England the Labour Party is no more in power so it won’t hamper the foreign relations but it would defame Nehru and the Congress party, he added.Acknowledging that there was a long-standing demand for the declassification of the files on Bose, West Bengal Chief Minister Mamata Banerjee had announced that her government would be declassifying 64 files related to Netaji Subhash Chandra Bose on September 18.

BJP leader Subramanian Swamy urges PM Modi to abolish subsidies for meat exporters

He urged the Prime Minister to direct authorities to abolish subsidies to meat sector immediately “as a first step towards eventual banning of cow meat export”.
File Photo
dna Research & Archives
BJP leader Subramanian Swamy has urged Prime Minister Narendra Modi to abolish subsidies for meat exporters as a “first step” towards ban on cow meat export.In a letter to Narendra Modi, Swamy said the subsidies given to cow meat exporters are extended out of taxpayers’ money “and millions of such taxpayers are hurt when their money is given by way of subsidy to meat exporters.”He urged the Prime Minister to direct authorities to abolish subsidies to meat sector immediately “as a first step towards eventual banning of cow meat export”.<!– Dna_Article_Middle_300x250_BTF –>Swamy said while Maharashtra and a few other states have banned cow slaughter, now there is a need to withdraw the 13 types of subsidies extended to the exporters which are administered through Agricultural and Processed Food Products Export Development Authority (APEDA).”These subsidies thus encourage cow meat exports from those states which have not banned cow slaughter and thus crores of rupees of the nation go to the pockets of meat exporters by way of these subsidies,” he said.Swamy pointed out that meat exports started in 1992 and have reached 15 lakh MT in terms of quantity and over Rs 30,000 crore in terms of value.”In your 2014 election speeches you correctly referred to meat exports as pink revolution of the earlier government and said it should be banned,” he said. The receipt of his letter was personally acknowledged by Modi.

Supreme Court judge recuses himself from hearing plea in Ayodhya case

A Supreme Court judge on Friday recused himself from hearing a plea seeking better amenities for pilgrims at the ‘Ram Janmabhoomi’ site near the disputed structure at Ayodhya.

Supreme Court

A Supreme Court judge on Friday recused himself from hearing a plea seeking better amenities for pilgrims at the ‘Ram Janmabhoomi’ site near the disputed structure at Ayodhya.”We are not taking up this matter,” a bench comprising Justices AR Dave and Adarsh Kumar Goel said when BJP leader Subramanian Swamy sought the court’s order on facilities for pilgrims.Justice Dave referred the matter to be listed before another bench on October 16, after Justice Goel expressed his inability to hear the case without assigning any reason.<!– Dna_Article_Middle_300x250_BTF –>Earlier, the court had asked the Centre and the Uttar Pradesh government to consider providing better amenities, feasible in the present scenario, to pilgrims in Ayodhya.Swamy had submitted that the pilgrims were deprived of even basic facilities like drinking water and toilets and faced difficulties due to inadequate arrangements made by both the Centre and U P government.Additional Solicitor General Maninder Singh had said that the Centre would consider the plea made by Swamy. Swamy had said the status quo order passed by the apex court in 1996 was limited to prohibit building of any structure at the disputed site.In his application, he had sought an order from the apex court to “ameliorate the lot of millions of Hindu pilgrims who make the pilgrimage to the site of the ‘Ram Janma Bhoomi’ at Ayodhya, to have a ‘darshan’ and perform ‘pooja’.”

Bihar polls will be won hands down, says BJP

Bharatiya Janata Party (BJP) leader Subramanian Swamy on Tuesday said his party would win the elections in Bihar hands down as there was no political alternative to it.

Bharatiya Janata Party (BJP) leader Subramanian Swamy on Tuesday said his party would win the elections in Bihar hands down as there was no political alternative to it.We will win hands down. There is no alternative to the BJP there(Bihar). Let the Samajwadi Party divide their secular votes and we have our Hindutava votes, Swamy told ANI here.On the Congress Working Committee (CWC) meeting taking place in the national capital today which is likely to extend term of party president Sonia Gandhi by a year, Swamy said I don’t think there is any difference if the son becomes or mother becomes, it’s all in the family, The family has a dubious past and I don’t think the Congress has a future.<!– Dna_Article_Middle_300x250_BTF –>Those elements in the Congress think that Hindutava is the solution to India’s problem then they should break and come and we can have relations with them.Gandhi’s term ends in December. The party is likely to hold organisational elections in 2016.

Will god save the Asarams and Radhe Maas? SIT to go after godmen & godwomen

Amit Bandre
dna
The unholy nexus of money, crime and religion allegedly built by the likes of Asaram Bapu, Sarathi Baba and Radhe Maa could soon unravel, with the Supreme Court-appointed Special Investigation Team (SIT) probing the financial transactions of these organisations to unearth black money believed to be stashed away in domestic and foreign bank accounts.The issue will be on top of the agenda at a meeting convened by Justice Arijit Pasayat, vice-chairman of the SIT, in Bhubaneswar on Thursday, a highly placed official told dna.<!– Dna_Article_Middle_300x250_BTF –>Officials from the Central Board of Direct Taxes (CBDT), Income Tax, Enforcement Directorate and SIT will be present at the meeting, it is learnt.The first on the list is likely to be the Sarathi Baba Trust in Odisha. It is run by 47-year-old Sarathi Baba, also known as Santosh Raula, who was arrested by the state crime branch earlier this month. According to the police, Sarathi Baba has about 30 bank accounts and properties worth Rs 10 crore, including 11 plots in Kendrapara district.“SIT will prepare a list of religious and charitable organisations and examine their sources of money generation, expenditure and other financial transactions. It has decided to start with the Sarathi Baba Trust in Odisha and subsequently extend it to other such religious bodies,” the source said.The SIT, in its latest report, has already recommended a tough law to bring religious bodies owned by self-proclaimed godmen and godwomen under the tax net.This issue has also been highlighted in a letter by Shri Kalki Dham from Sambhal, Uttar Pradesh, to Prime Minister Narendra Modi.Acharya Pramod Krishnam from Shri Kalki Dham has given details about the “dubious” nature of controversial religious organisations like those headed by Asaram Bapu, Nirmal Baba, Sant Rampal, Maharshi Kumar Swamy, Radhe Maa, Swamy Nityanand and Datti Maharaj. Some of these ‘gurus’ are already in jail for various crimes, including murder and sexual assault. The letter, which the government may forward to the SIT, alleges that the godmen who own these organisations not only play with the religious feelings of people but also lead lavish lives with the money they earn from violating the law of the land.Asking the government for appropriate action in accordance with law, the temple trust said some of these self-styled godmen had even become ‘mahamandaleswars’, or high priests, after spending crores of rupees which are unaccounted for.It cited the case of Noida-based beer bar owner Sachin Dutta from Allahabad, who went on to become Mahamandaleswar Sachidanand Baba.The SIT was set up by the apex court last year to bring back black money stashed away by Indians in various banks abroad.

Change of canopy sparks row in Ayodhya

“We contacted IIT-Roorkee for the job considering their well-known expertise in fire-proofing,” Faizabad divisional commissioner Surya Prakash Mishra told reporters, adding that the IIT experts’ team would be visiting the site for a preliminary survey on August 30.

The Faizabad district administration has asked experts from IIT-Roorkee to provide a fireproof canopy over the makeshift Ram temple in Ayodhya. But, the move has already set off a controversy, even though the work is to be done under the orders of the Supreme Court, under the strict eye of judicial observers appointed by the court.While the Muslim parties to the Ayodhya dispute are wary that this could be part of a conspiracy by the Hindutva forces to exploit the opportunity to raise the demand for a permanent structure in place of the present temporary one, a prominent Hindu seer has called for an enquiry into how the canopy has been damaged within a year of being replaced.<!– Dna_Article_Middle_300x250_BTF –>”We contacted IIT-Roorkee for the job considering their well-known expertise in fire-proofing,” Faizabad divisional commissioner Surya Prakash Mishra told reporters, adding that the IIT experts’ team would be visiting the site for a preliminary survey on August 30.On August 11, a two-judge bench of the Supreme Court had allowed changing of the damaged tarpaulin cover over the makeshift Ram temple in Ayodhya while hearing a petition filed by BJP leader Subramanian Swamy. The work would be carried out with two additional judges and representatives of the Sunni Waqf Board, a party in the dispute, as observers.After the 1992 demolition, the Supreme Court had prohibited any new construction in and around the disputed site.The oldest litigant in the case, Mohd Hashim Ansari says there might be some “mischief” behind Swamy’s petition. “He (Swamy) is a cunning person. He could be plotting something,” he told reporters after the apex court order for change of the damaged canopy. Ansari said the order could trigger off fresh demands from saffron brigade leaders for the construction of a Ram temple there.The expenses of the canopy change would be met out of the offerings the devotees make to the lord, a senior Faizabad district administration official said, adding that it could be anywhere between Rs3 to 5 lakh.The damage to the tarpaulin was noticed first in November last year, about three months after it had been replaced on the apex court’s order.”In past years, the tarpaulin had never been damaged, and its minimum age was three years. It was said to be waterproof and of the best quality. Then how did it get damaged so easily,” said Ranjeet Lal Sinha, counsel of the Nirmohi akhara, a party on the Hindu side in the title suits.”Inferior quality material has been deliberately used so that the demand for a permanent structure over the disputed shrine can be raised in the Supreme Court. This is the hidden agenda of the VHP,” said Khaliq Ahmad Khan, a petitioner from the Muslim side.Inquiry neededGyan Das, mahant of the famous Hanumangarhi Temple of Ayodhya, has demanded an inquiry into how the tarpaulin cover got damaged. He pointed out that the canopy had been replaced only last year. “This is a high security area. How did the covers get damaged? This calls for an inquiry,” he said.

ED likely to close National Herald case due to lack of evidence against Sonia and Rahul Gandhi

New Delhi: In a huge relief to Congress president Sonia Gandhi and her son Rahul Gandhi, the Enforcement Directorate (ED) is likely to close the National Herald case.

The ED has decided to close the case due to lack of substantial evidences against both Congress leaders, sources said on Monday.

Sonia Gandhi and Rahul Gandhi. PTI

Sonia Gandhi and Rahul Gandhi. PTI

Both leaders were summoned by a trial court on 26 June, 2014, following Bharatiya Janata Party (BJP) leader Subramanian Swamy’s complaint accusing both of cheating and misappropriation of funds in acquiring the ownership of the now-defunct English daily National Herald.

Congress treasurer Motilal Vora, senior party leaders Oscar Fernandes, Suman Dubey and telecom engineer Sam Pitroda were also summoned by the court on 7 August, 2014.

The party leaders had moved the high court on 30July, 2014, against the trial court order. On August 6, the high court stayed the summons issued against them.

Swamy alleged misappropriation of assets worth Rs 2,000 crore of the National Herald newspaper.

Reacting to the development, Swamy said, “There has been political influence from the Congress to close the National Herald case.”

Sonia and Rahul Gandhi are principal shareholders in a company set up to relaunch National Herald, the Congress mouthpiece begun by Jawaharlal Nehru way back in 1938.

A private non-profit company ‘Young Indian’ was formed in March 2011, with Sonia and Rahul holding 38 percent shares each, with the specific aim of taking over the liabilities of Associated Journals Ltd. (AJL), the parent company which owned National Herald and its Urdu version, Qaumi Awaz, all with money spent from the Congress coffers.

The two newspapers folded up on 1 April, 2008. AJL’s liabilities of Rs 90.21 crore have been taken over by Young Indian for Rs.50 lakh, the entire amount paid by the Congress.

Another Rs 1 crore, it is learnt, has been spent by Young Indian in renovating the newspaper’s headquarters, Herald House, at 5A, Bahadur Shah Zafar Marg. This amount too has been funnelled by the Congress as loan.

IANS

Case against Sonia Gandhi, Rahul Gandhi closed; Subramanian Swamy cries foul

“Yet this joint director, woefully or out of inexcusable ignorance, says the summons were issued to verify allegations, and, therefore, on the basis of this reckless disregard of law, he concludes that it was not possible to initiate investigations,” said Swamy.

In a big relief to Congress president Sonia Gandhi and son Rahul, the Enforcement Directorate (ED) has decided to close the preliminary inquiry in the National Herald case, writing to the revenue secretary that there was no case to be made out for registering a case under the Prevention of Money Laundering Act (PMLA). This has raised strong protest from BJP leader Subramanian Swamy, who shot off two letters to Prime Minister Narendra Modi, accusing current ED director Dr Rajiv Katoch of having no interest in pursuing the cases related to the Congress. He even went to the extent of saying that the director, who is also a secretary in the government, is saving the Congress leaders as he is close with party leader Digvijay Singh.<!– Dna_Article_Middle_300x250_BTF –> In a letter to the finance ministry on May 1, 2015, Katoch, then joint director, had written that the metropolitan magistrate had summoned Sonia and Rahul only to verify the allegations. Swamy alleged that the joint director, who woke up after 11 months, was ignorant of the fact that summons issued under CrPc 204 are meant for conducting a trial. “Yet this joint director, woefully or out of inexcusable ignorance, says the summons were issued to verify allegations, and, therefore, on the basis of this reckless disregard of law, he concludes that it was not possible to initiate investigations,” said Swamy. Swamy had dragged Sonia and Rahul to a city court last year, alleging that the family was trying to acquire the properties of Associated Journal Limited, a company founded by Jawaharlal Nehru to bring out National Herald, Navjeevan and Qaumi Awaz as English, Hindi and Urdu dailies, respectively. He had slapped on them charges of cheating and criminal breach of trust by diverting Congress funds to a family-controlled Young India company set up in 2011, in which the mother and son held 76% shares. He alleged that Young India acquired the right to recover Rs 90.25 crore that AJL owed to the Congress by just paying Rs 50 lakh, noting that the family’s eyes were on real-estate properties worth millions in Delhi, Mumbai, Patna, Lucknow, Indore, Bhopal and other places. He asserted that the ED closing the case does not make much difference as the case is now in the court. He said he would approach Prime Minister Modi as he sees in ED’s move “the political influence from the Congress party to close the National Herald case.” Besides Sonia and Rahul, Congress treasurer Moti Lal Vora, general secretary Oscar Fernandes and family friend and journalist Suman Dubey had moved the Delhi high court on July 30 last year against a Delhi city court issuing summons to appear before it on Dr Swamy’s complaint. The high court stayed the summons on August 6, 2014, just a day before they were to appear before the trial court. Sam Pitroda, a family friend and technical adviser to then PM Rajiv Gandhi, was also issued notice, but he never bothered to challenge it. Fresh summons were issued against him on December 9 last year as he has not filed any appeal in the high court. Sonia and Rahul are the principal shareholders in Young India, set up as a private non-profit company, in March 2011, to revive the National Herald, which was closed down in 2008 due to financial problems as also the group’s Hindi and Urdu dailies. The Congress kept funding the newspapers but they finally folded them up on April 1, 2008, with their liabilities to the party shooting up to Rs 90.21 crore. It was Motilal Vora who took the decision to better close down the English and Urdu dailies as the party treasurer.

ED likely to close National Herald case due to lack of evidence against Sonia, Rahul

New Delhi: In a huge relief to Congress president Sonia Gandhi and her son Rahul Gandhi, the Enforcement Directorate (ED) is likely to close the National Herald case.

The ED has decided to close the case due to lack of substantial evidences against both Congress leaders, sources said on Monday.

Sonia Gandhi and Rahul Gandhi. PTI

Sonia Gandhi and Rahul Gandhi. PTI

Both leaders were summoned by a trial court on 26 June, 2014, following Bharatiya Janata Party (BJP) leader Subramanian Swamy’s complaint accusing both of cheating and misappropriation of funds in acquiring the ownership of the now-defunct English daily National Herald.

Congress treasurer Motilal Vora, senior party leaders Oscar Fernandes, Suman Dubey and telecom engineer Sam Pitroda were also summoned by the court on 7 August, 2014.

The party leaders had moved the high court on 30July, 2014, against the trial court order. On August 6, the high court stayed the summons issued against them.

Swamy alleged misappropriation of assets worth Rs 2,000 crore of the National Herald newspaper.

Reacting to the development, Swamy said, “There has been political influence from the Congress to close the National Herald case.”

Sonia and Rahul Gandhi are principal shareholders in a company set up to relaunch National Herald, the Congress mouthpiece begun by Jawaharlal Nehru way back in 1938.

A private non-profit company ‘Young Indian’ was formed in March 2011, with Sonia and Rahul holding 38 percent shares each, with the specific aim of taking over the liabilities of Associated Journals Ltd. (AJL), the parent company which owned National Herald and its Urdu version, Qaumi Awaz, all with money spent from the Congress coffers.

The two newspapers folded up on 1 April, 2008. AJL’s liabilities of Rs 90.21 crore have been taken over by Young Indian for Rs.50 lakh, the entire amount paid by the Congress.

Another Rs 1 crore, it is learnt, has been spent by Young Indian in renovating the newspaper’s headquarters, Herald House, at 5A, Bahadur Shah Zafar Marg. This amount too has been funnelled by the Congress as loan.

IANS

History needs to be rewritten in the right perspective: Subramanian Swamy

BJP leader Subramanian Swamy said on Sunday that history needs to be rewritten with the right perspective to enable India to emerge as a powerful nation.

BJP leader Subramanian Swamy said on Sunday that history needs to be rewritten with the right perspective to enable India to emerge as a powerful nation.”History needs to be rewritten in the right perspective, so that the young generation gets rid of their low self-esteem imposed through distorted history, if India has to emerge as a powerful nation in the next couple of decades,” Swamy said at Predation auditorium, on the occasion of the birth anniversary of Kanya Baal Kandahar Talk.At the function organised by the Kanya Talk Samara Mandala, he said, “We were invaded by the Murals who subjected our people to physical harassment while the British, used mental and psychological tactics to make us feel inferior. They made us like big cats which obey ring masters despite superior strength”.<!– Dna_Article_Middle_300x250_BTF –>He said that India could emerge as a strong economy since 70% of its population is under 35 years of age. If the government invested in their education and health, apart from making them mentally strong, India could emerge as a strong nation, he said.Swamy stressed that Kashmir is an integral part of India and that Article 370 was a blunder made by Jawaharlal Nehru, which needs to be revoked, since it was adopted only for a temporary period.

BJP leader Subramanian Swamy backs hanging of Yakub Memon

Controversial BJP leader Subramanian Swamy has backed the hanging of 1993 Mumbai blasts accused Yakub Memon.

Controversial BJP leader Subramanian Swamy has backed the hanging of 1993 Mumbai blasts accused Yakub Memon. Commenting on the issue that has set off a debate in political circles, Swamy said that 170 people have been given the death sentence since Indian Independence in 1947. He said out of these, only 15 were Muslims.Using these statistics, Swamy questioned the Indian government whether it was biased against Hindus. On Sunday, Bollywood actor Salman Khan aroused controversy by claiming that it is Tiger Memon, not Yakub Memon, who deserves to be hanged. On Friday, MIM leader Asaduddin Owaisi had claimed that Yakub was being hanged because he was a Muslim. <!– Dna_Article_Middle_300x250_BTF –>The Supreme Court had earlier dismissed Memon’s curative petition, and his hanging is set for July 30. A number of prominent personalities, including CPI(M) leader Brinda Karat, Bollywood personality Naseeruddin Shah, lawyer Ram Jethmalani and some politicians have sent a petition to the President to consider the mercy plea of Yakub Memon.

Defamation law abused, should be re-examined: Arvind Kejriwal to SC

Senior advocate Rajiv Dhawan submitted that the provisions were liable to be struck down on the basis that “the pathology of their litigational use suggests inevitable abuse”.
File Photo
dna Research & Archives
There is a need to decriminalise penal provision for defamation and the “colonial law”, which has been inevitably abused, needs to be re-examined rigorously, Delhi Chief Minister Arvind Kejriwal told the Supreme Court on Wednesday.Toeing identical line adopted by BJP’s Subramanian Swamy and Congress Vice President Rahul Gandhi who have also challenged constitutional validity of sections 499 and 500 of the IPC, the Aam Aadmi Party leader told a bench comprising justices Dipak Misra and Prafulla C Pant that there are several grounds to scrap them as these provisions violated Articles 14, 19(1)(a)(g) and 21 of the Constitution.<!– Dna_Article_Middle_300x250_BTF –>Senior advocate Rajiv Dhawan submitted that the provisions were liable to be struck down on the basis that “the pathology of their litigational use suggests inevitable abuse”.Swamy and Gandhi have been charged with criminal defamation under sections 499 and 500 of the IPC for their political speeches in Tamil Nadu and Maharashtra respectively, while Kejriwal is facing cases under the same provisions lodged by BJP’s Nitin Gadkari and others.He further the internal norms of the penal provisions were irrational, overboard and unnecessary and they did not meet the criteria laid down by the apex court in civil defamation.Like Swamy and Gandhi, he too suggested that the penal provisions conceived in the British era were now “outmoded” and they are “over-protective of public servants and inconsistent with democratic discourse.””Given the continuance of defamation as a civil wrong and various other public order provisions, to retain criminal defamation would be unreasonable and not meet the ‘least invasive’ test,” the senior advocate submitted and added that incarceration and fine for criminal defamation was unreasonable.Dhawan said that Article 19(1)(a) must be interpretated in the widest possible way so that freedom of speech and expression becomes a “priority” right, which includes the freedom of the press.”Freedom of speech and expression is not just a right but a duty to further democracy,” he said.He criticised the continuance of the pre-Constitution law saying that depending on their continuing longevity, they must also not just meet the constitutional test but also be examined whether they have outlived the utility and are to be re-examined rigorously.The stand of Kejriwal, Swamy and Gandhi that defamation be treated as a “civil wrong” has been opposed by the Centre which has advocated retaining of sections 499 and 500 in the IPC, saying that criminal defamation will work as deterrent against growing tendency to defame people through social media.

Supreme Court asks Centre to respond to plea on penal defamation laws

The Supreme Court on Thursday sought the government’s response on a plea filed by a media professionals’ organisation challenging the constitutional validity of certain provisions including penal laws on defamation.

PTI
The Supreme Court on Thursday sought the government’s response on a plea filed by a media professionals’ organisation challenging the constitutional validity of certain provisions including penal laws on defamation.”Issue notice. A copy of this petition be served on the office of the Attorney General of India in course of the day. Let the matter be listed along with Writ Petition … on July 14,” a bench comprising Justices Dipak Misra and Prafulla C Pant said.The court is already hearing similar pleas of political leaders like Rahul Gandhi, Subramanian Swamy and Arvind Kejriwal. They have challenged the validity of sections 499 and 500 (defamation) of the IPC on the ground that these provisions violate freedom of speech and expressions.<!– Dna_Article_Middle_300x250_BTF –>The plea, which came up for hearing today, has been filed by the Foundation For Media Professionals through its Director Manoj Mitta.Besides the penal laws on defamation, the foundation has also sought quashing of sections 199(1) and 199(2) of the Code of Criminal Procedure (CrPC) which deal with the procedures of prosecution in criminal defamation cases.”It is urged by him (counsel for the petitioner) that a situation has arisen where everyone is asserting himself to be the person aggrieved and clothing himself with the locus standi to launch prosecution under Sections 499 and 500 (defamation) of the IPC. It is urged by him that Section 199 (1) is also unreasonable unless it is read down,” the court said.Senior advocate Anup J Bhambani, appearing for the organisation, said any person could come to court and file a criminal defamation case claiming that he has been hurt or defamed.”The territorial applicability of Section 179 of CrPC may be limited to proper location where journalistic publication is made (as per the declaration made by the newspaper under the provisions of the Press and Registration of Books Act) as opposed to where it is circulated or read/viewed; and in the case of broadcasts and on-line publications (which do not fall within the purview of the PRB Act), territorial jurisdiction should vest in the place where the registered office of the broadcaster/on-line publication is situated,” it said.Earlier, the Centre had told the court that the petitions challenging the validity of penal provisions on defamation should be referred to a constitution bench.Granting time to the Centre to file response to the petitions, the bench had said “in our considered opinion, the said facet shall be addressed to and dealt with while dealing with the merits of the case.”Attorney General Mukul Rohtagi and Additional Solicitor General PS Narsimha, appearing for Centre, had said the hearing by a constitution bench was needed as the cases relate to Article 19(2) (reasonable restrictions to freedom of speech) of the Constitution, with regard to sections 499 and 500 (criminal defamation) of the IPC.The bench is hearing petitions filed by various persons including BJP leader Swamy, Congress Vice President Rahul Gandhi and the Delhi Chief Minister. The court, which has stayed proceedings against these leaders in separate defamation cases, is to decide on their pleas that these two provisions were unconstitutional as they violated freedom of speech and expression.

Subramanian Swamy calls for new China policy by Modi government

“We are working on Congress party’s outdated China policy. The Prime Minister needs to convene a conference of insiders to draw up a new China policy which should review our strength, weaknesses and opportunities,” Swamy, senior member of BJP’s National Executive, told Indian media here.

The BJP government is following Congress’ “outdated” China policy, senior party leader Subramanian Swamy said as he termed Beijing’s backing to Pakistan in the UN on the Mumbai terror attack mastermind Zaki-ur Rehman Lakhvi as a “wake up call”.Swamy said Prime Minister Narendra Modi should convene a conference of “insiders” to draw up a new policy specially after the recent Lakhvi episode.”We are working on Congress party’s outdated China policy. The Prime Minister needs to convene a conference of insiders to draw up a new China policy which should review our strength, weaknesses and opportunities,” Swamy, senior member of BJP’s National Executive, told Indian media here.<!– Dna_Article_Middle_300x250_BTF –>The present China policy lacks clarity, he said, adding: “We have a China policy but it is carry over.” Swamy, here to attend 2015 World Peace Forum conference organised by China’s Tsinghua University, said China’s backing to Pakistan on Lakhvi should be a “wake up call”.”I have been informed that they (China) had hinted to our people that a vote in the UN against Pakistan is premature and we did not read the signal,” he said.For China “abandoning Pakistan means empowering India.You have to empower yourself. Why should they make the road clear?” he said.On the impact of Chinese President Xi Jinping’s visit to India and Modi’s visit here last month, Swamy said not much progress has been added except commitment of about USD 20 billion, mostly from Chinese private sector.”We should not be carried away by atmospherics. Every visit (of Modi) is described as historic. We have not seen anything from Japan. My advice to Modi: convene a conference with people who know China, whomsoever you are comfortable with and devise a new China policy,” he said.He also said Indian navy’s strength both in fleet and weapons should be vastly increased to the point that it can be deployed to police on busy shipping routes like Malacca Strait in cooperation withIndonesia which could be an “effective answer” to China’s plans of ‘String of Pearls’ to contain India.Swamy said India’s new China policy should have a clear statement on what will be our stance on issues like in the event of China-US conflict.”Chinese will find it acceptable to have neutrality. If it becomes public, Americans tolerate that. The China policy should have clarity. We have a China policy but it is carry over,” he said.”At the moment, there are issues between India and China that require urgent resolution. Border will be a by-product solution. Border cannot be one of the solutions,” he said.About China, he said Beijing understands India’s potentiality.”They understand that the world does not put us in the same measure as China. They recognise our potentialities and our strategic positioning in the Indian Ocean. But at the same time till India builds strength in commensurate with its potentialities, the question of negotiating an equal status with China will not happen,” he said.In order to be effective, India should make it clear that it will remain neutral in any US-China conflict on Taiwan, he said.China views Taiwan as a rebel province that needs to be re-unified with the mainland.”In order to carry credibility with China, we should have blue water navy, we should now develop independent fuel which is thorium and become independent of crude oil from the Middle East by developing alternative technologies like hydrogen fuel cells,” he said.India’s potentialities should be fully utilised, he said.Swamy said in the light of formation of the Asian Infrastructure Investment Bank (AIIB) with US $100 billion and the initial subscribed capital of USD 50 billion, “the BRICS (Brazil, Russia, India, China and South Africa) bank has become a dead letter”.Officials of 57 prospective founding countries, including India, today signed an agreement on the formation of AIIB.While China is the largest shareholder in terms of GDP and PPP (Purchasing Power Parity), India is the second largest shareholder.Earlier speaking in the conference on the subject of ‘Relations among major powers and international order’, Swamy proposed “strategic triangle” between India, China and the US to meet the new situation in the 21st century.”To further such an understanding, the present Narendra Modi government could become inclined to explore the possibility of an annual trilateral India-China-US summit meet not only to discuss global security matters but also regional issues,” he said.

SC to hear Swamy’s plea against Assam court’s arrest warrant in July

New Delhi: The Supreme Court will hear in July BJP leader Subramanian Swamy’s plea challenging the non-bailable warrants issued against him by a court in Assam over his controversial comments that mosques were not religious structures.

Subramanian Swamy. Reuters

Subramanian Swamy. Reuters

A vacation bench of Justice M.Y. Eqbal and Justice Arun Mishra directed listing the matter for hearing in the first week of July before an appropriate bench after Swamy sought adjournment telling the court that senior counsel Ram Jethmalani representing him in the case was abroad.

Swamy said he has challenged the constitutional validity of the Indian Penal Code’s Sections 153(a) and 295(a), contending that they were vaguely worded and were prone to be misused, like Section 66A of the Information Technology Act, 2000, which was recently read down by the apex court.

Section 153A provides for punishment for promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony, while Section 295A provides for punishment for deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.

Swamy contended that there has to be a distinction between the incitement or advocacy and the expression of opinion.

He held that everything that one says could not be lumped together under these sections and there has to be a nexus or linkage between what was said in an alleged breach of two sections and things actually happening.

The apex court on 24 March, while quashing Section 66A of the IT Act held that it was violative of the Constitution’s Article 19(1)(a) guaranteeing freedom of speech and expression, while hearing a batch of petitions, including one by Shreya Singhal, questioning the arrest of two girls – Shaheen Dhada and Rinu Shrinivasan – for posting on social media comments critical of Mumbai bandh in the wake of the death of Shiv Sena supremo Bal Thackeray.

The case against Swamy in Assam relates to his comments in March wherein he had said in Guwahati that mosques were just buildings with no religious sentiments attached to them and could be pulled down anytime.

He had noted that in Saudi Arabia, mosques, if required, are pulled down and constructed at other places.

Following a complaint, a case was registered against Swamy on charges of conspiracy and promoting enmity between different groups on grounds of religion.

The additional chief judicial magistrate of Assam’s Karimganj district has asked police in Assam and Delhi to present Swamy before it on or before 30 June.

IANS

No relief for rape accused Asaram Bapu, Court rejects bail plea again

Jodhpur: Self-styled ‘godman’ Asaram Bapu, who is in jail since September 2013 for allegedly raping a minor, was on Saturday denied bail by a court in Jodhpur, the sixth time his plea for relief has been turned down.

Self-styled godman Asaram Bapu. PTISelf-styled godman Asaram Bapu. PTI

Self-styled godman Asaram Bapu. PTI

Additional District and Sessions Judge Manoj Kumar Vyas rejected the bail application of 73-year-old Asaram, stating that an accused in a crime of such nature does not deserve bail.

BJP leader Subramanian Swamy had on Friday argued on Asaram’s behalf. He had contended that the entire case had been fabricated and Asaram deserved to be released on bail. The court had reserved its order for today.

Opposing the bail plea, prosecution counsel PC Solanki had said that the court must look into the circumstances of the alleged crime, including the age of the victim, before coming to a decision.

Earlier, two bail petitions of Asaram were turned down by lower court. He had twice unsuccessfully approached the High Court and was also denied relief by the Supreme Court.

Asaram is lodged in jail following his arrest in September 2013 for allegedly sexually assaulting a minor girl in one of his ashrams.

PTI

Subramanian Swamy approaches Supreme Court against NBW in hate speech case

BJP leader Subramanian Swamy on Tuesday approached the Supreme Court against the order of an Assam trial court issuing a non-bailable warrant against him for failing to appear before it in a case of alleged hate speech.

BJP leader Subramanian Swamy on Tuesday approached the Supreme Court against the order of an Assam trial court issuing a non-bailable warrant against him for failing to appear before it in a case of alleged hate speech.The NBW was issued yesterday by a court in Karimganj which had issued summons to him on March 19 on a complaint accusing him of allegedly delivering an inflammatory address on March 15 at Kaziranga University.Swamy mentioned the case before a vacation bench of Justices PC Pant and Amitava Roy, which asked him to fulfil all procedures in the registry for hearing of the matter in due course. The Karimganj court had ordered that the arrest warrant be complied with on or before June 30.<!– Dna_Article_Middle_300x250_BTF –>On May 21, a judge of the apex court had recused from hearing his plea challenging the validity of some penal provisions relating to “hate speech”.Besides, the BJP leader had also sought a stay on the order of Additional Judicial Magistrate, Karimganj in Assam, summoning him as an accused for his speech on March 15 at Kaziranga University.In his petition, he had said “Karimganj has a majority Bengali speaking population, with close ties to Sylhet in Bangladesh. It is isolated from the rest of Assam and is dominated by illegal Bangladeshi migrants who are hostile to Assamese speaking majority of the rest of Assam; and the Petitioner has apprehensions for his safety when he appears in Court there.””The instant Writ Petition…comprehends a challenge to the vires of Sections 153, 153A, 153B (dealing with offence of rioting), 295A (outraging religious feelings), 298 (uttering words with deliberate intent to wound the religious feelings) and 505 (making a statement to cause incitement) of the IPC, all of which deal with the offences popularly labelled as ‘hate speech’.”Under the law, hate speech is a speech, gesture or conduct, writing or display which is forbidden because it may incite violence or prejudicial action against or by a protected individual or group.Swamy alleged that in the “past few years”, these sections have been invoked against him, “sometimes malafide and maliciously, by various authorities to penalise him for his clearheaded extensive research and his ideological beliefs and thereby make him conform to the norms of certain special ideological and religious groups.”At least five recent FIRs or summons have been issued against him from Delhi, Mumbai, Karimganj, Mohali in Punjab and Thrissur in Kerala, for “presumed hate speech”, he claimed.

One man army against Jaya: Swamy finds himself isolated in Modi’s BJP

An enemy’s enemy is always a good friend in politics. But what happens when the enemy’s enemy turns out to be a friend’s bete noire? Does he still remain a friend or turns into a liability?

In the wake of J. Jayalalithaa’s acquittal by the Karnataka High Court, the BJP and its senior leader Subramanian Swamy may find themselves in an awkward situation. Their relationship status may be getting slightly complicated.

The BJP, it is evident, is happy that the former (and future) Tamil Nadu chief minister has emerged as ‘tested pure gold’ out of the disproportionate assets case. The PM has already congratulated her. The BJP floor managers are seeing in her acquittal the beginning of a beautiful friendship in the Parliament, where AIDMK members can help the government on crucial issues.

But Swamy, the original complainant in the DA case, isn’t happy. “It’s not an unusual thing. When you are in a democratic system, then such twists and turns are expected. We can’t do much about it because delays are done by the accused. She has now earned the right to be sworn as the chief minister again,” Swamy said after the HC verdict.

Swamy has hinted that he isn’t giving up and may approach the Supreme Court. “If this is lost, then there is an appeal. She lost in the sessions court and went for an appeal. Now let us see what happens in the further appeal,” he said.

In all likelihood, since it is keen on running with the AIDMK in the Parliament, the BJP will not allow Swamy to hound Jayalalithaa. After the verdict, the usually pugnacious Swamy was unusually subdued, giving rise to speculation that he had been asked to hold his fire on the Jayalalithaa issue.

Subramanian Swamy. PTISubramanian Swamy. PTI

Subramanian Swamy. PTI

But Swamy has always been a bit of a loose cannon. The problem with such quick-gun politicians is that you never know when they would start firing in the wrong direction, or at their own camp. Lutyen’s insiders believe the troika of Ram Jethmalani, Arun Shourie and Swamy has turned against Modi. And while the first two have already fired their ammo, Swamy could be next.

“Known for his provocative statements in praise and criticism, Swamy had last year said Modi had ‘Brahminical gunas’ in response to Opposition attack on his brand of politics. Less than a year later, he started questioning his government on its approach towards bringing back black money, the Rafale deal and the black money Bill. Swamy, who last year in an interview had said that being a member of the BJP he cannot file a PIL against the government, recently threatened to challenge the Prime Minister’s commitment to buy the French combat aircraft,” according to a report in DNA.

Swamy has, however, changed his mind on the Rafale deal, ostensibly because the government acted on his advice. “The government has immediately responded to what I have said. The old deal as envisaged is being scrapped. It was a deal between Sonia Gandhi and Nicolas Sarkozy (then President of France). No country was buying the old Rafale aircraft, as the radar was old and the fuel consumption too high. I have met the Defence Minister, Manohar Parrikar, and the old deal has been closed. The bribe taken in this regard may have to be returned by the Indian wrongdoers. In the new situation, India will buy 36 aircraft, which will be built in France. It will have a new radar. It will take two years for India to acquire the modern aircraft. There is no corruption now. There will be no PIL from my end. My work is done,” Swamy told a gathering recently.

Swamy’s plea on the black money issue is listed for hearing in the Supreme Court today. The Modi government has already steered the Black Money bill through the Lok Sabha. It would be interesting to see if Swamy does a Rafale on black money, claiming victory out of political necessity.

Giving up his crusade against Jayalalithaa won’t be an easy political compromise for Swamy. He has pursued the case for almost two decades now. His credibility would be depend on whether he appeals against the HC verdict or forgets his animosity for the political benefit of his new friends.

The choices for Swami are limited. Since he was a one-man party before he joined the BJP, he didn’t bring much to the table in terms of votebank or cadre. His real assets, perhaps, were his Hindutva ideology, interest in economy (it led the Swamy Army to believe he could be Modi’s finance minister), the reputation of a gossip-monger –his private ‘investigations’ in the Sunanda Pushkar, innuendoes on Priyanka and Rahul Gandhi are classic examples of the use of rumours and canards in political warfare– and a fearless fighter of big battles against powerful politicians, some of
whom happened to be his own and the BJP’s common enemies.

But the game is changing. The BJP is now keen to turn old foes into friends. If Swamy continue to fight his private wars, he would soon find out that his best friends are now his worst enemies.

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