Delhi Court Frames Terror Charges Against Kashmiri Separatist Aasiya Andrabi


New Delhi: A Delhi court has framed terrorism, sedition and other charges against Kashmiri separatist Aasiya Andrabi and her two associates for allegedly waging war against the government of India and conspiring to commit terror acts in the country.

The case relates to waging war against the country with support from Pakistan, including terror entities. Special Judge Parveen Singh had put Andrabi and her associates – Sofi Fehmeeda and Nahida Nasreen – on trial for various offences punishable under IPC and the stringent Unlawful Activities Prevention Act (UAPA) on February 20. The court passed the order after the accused pleaded not guilty and claimed trial.

The court framed charges under sections 120-B (criminal conspiracy), 121 (waging war against the government of India), 121-A (conspiracy to wage war against government of India), 124-A (sedition), 153-A (promoting enmity between different groups), 153-B (imputations, assertions prejudicial to national-integration) and 505 (statements conducing to public mischief) of the IPC.

It further framed sections 18 (conspires or attempts to commit, or advocates, abets, advises or incites terror act), 20 (being member of terrorist gang or organisation), 38 (offence relating to membership of a terrorist organisation) and 39 (offence relating to support given to a terrorist organisation) under the Unlawful Activities (Prevention) Act.

Andrabi, who was chief of the banned outfit Dukhtaran-e-Millat (daughters of nation), was accused by the National Investigation Agency (NIA) of being involved in conspiracy and acts to “severely destabilise the sovereignty and integrity of India”, along with her two other associates.

on cyber space, they were running a concerted campaign to solicit support of Pakistani establishment which inter-alia included arranging support from terrorist entities from Pakistan, it said. The NIA, on directions of the Union home ministry, registered a case against them and the organisation.

According to the FIR, Andrabi, Fehmeeda and Nasreen were actively running Dukhtaran-e-Millat (DEM), a terrorist organisation proscribed under the first schedule of the UAPA. They were using various media platforms to spread insurrectionary imputations and hateful speeches that endanger the integrity, security and sovereignty of India, the NIA said. DEM through Andrabi openly advocated secession of Jammu and Kashmir from the Union of India and had also called for Jihad and use of violence against India, it said.

The three accused were arrested in April 2018 and are currently in custody.

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Man of Social Status Can be Sexual Harasser Too, Says Delhi Court as it Acquits Priya Ramani in MJ Akbar’s Case


File photo of former Union minister MJ Akbar

File photo of former Union minister MJ Akbar

MJ Akbar had filed the complaint against Priya Ramani on October 15, 2018 for allegedly defaming him by accusing him of sexual misconduct decades ago. He resigned as Union minister on October 17, 2018.

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  • Last Updated: February 17, 2021, 15:25 IST
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Observing that a man “even a man of social status can be a sexual harasser”, Delhi Court on Wednesday acquitted Priya Ramani in criminal defamation case by MJ Akbar.

“Sexual abuse takes away dignity and self confidence. Right of reputation can’t be protected at the cost of right to dignity. A woman has right to put her grievance even after decades,” the court said. It further refered Ramayana and said that Jatayu came to protect Princess Sita.

Additional Chief Metropolitan Magistrate Ravindra Kumar had on February 1 reserved the judgment for February 10 after Akbar as well as Ramani completed their arguments.

Akbar had filed the complaint against Ramani on October 15, 2018 for allegedly defaming him by accusing him of sexual misconduct decades ago. He resigned as Union minister on October 17, 2018. He has denied all the allegations of sexual harassment against the women who came forward during #MeToo campaign against him.

(details awaited)





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News18 Daybreak | Hefty Fines, Masks & Social Distancing Again for Maharashtra as Govt Says No to Lockdown and Other Stories You Need to Watch Out For


Hefty Fines, Masks & Social Distancing Again for Maharashtra as Govt Says No to Lockdown, Yes to Strict Covid-19 Measures

Amid a spate of fresh Covid-19 cases in Maharashtra, the state government on Tuesday decided there would be no lockdown, but a new round of restrictions will be implemented to bring the infections in control. The state government’s review meeting on the recent rise of coronavirus cases concluded on Tuesday.

MP Sidhi Bus Accident: 3-month-old Among 47 Dead, 7 Rescued; Rescue Op Called Off For the Day

MP Sidhi Bus Accident: At least 47 people, including 24 men, 21 women and two children, have died after a passenger bus fell into a canal in Madhya Pradesh’s Sidhi early today. The multi-agency rescue operation has been called off for the day and will resume tomorrow, said Chief Minister Shivraj Singh Chouhan. Seven people have been rescued so far, he said.

Punjab Congress Struggles To Keep Its Flock Together As ‘Rehabilitation’ Of Navjot Singh Sidhu Gathers Pace

With political temperatures in Punjab already soaring due to the ongoing farmers’ agitation, the ruling Congress party is also trying to weed out bickering within the party with elections barely a year away. The big challenge that Chief Minister Captain Amarinder Singh confronts is the ‘rehabilitation’ moves for former minister and his bête noire Navjot Singh Sidhu.

Farmers’ Protest: Law of Sedition Cannot Be Invoked to Quieten the Disquiet, Says Delhi Court

A Delhi court has said that the law of sedition cannot be invoked to quieten the disquiet under the pretence of muzzling the miscreants. Additional Sessions Judge Dharmender Rana made the observation while granting bail to two persons – Devi Lal Burdak and Swaroop Ram – arrested by Delhi police earlier this month for allegedly commiting sedition and spreading rumours by posting fake video on Facebook during ongoing farmers’ protest.

Amnesty International India’s Assets Worth Over Rs 17 Cr Attached in Money Laundering Case

The Enforcement Directorate on Tuesday said it has attached over Rs 17 crore bank deposits in connection with its money laundering case against two entities of Amnesty International (India), the global human rights watchdog. The agency said in a statement that a provisional order has been issued under the Prevention of Money Laundering Act (PMLA) “attaching bank accounts of Amnesty International India Pvt Ltd (AIIPL) and Indians for Amnesty International Trust (IAIT)”.

#MeToo: Court Likely to Pronounce Today Verdict in MJ Akbar’s Defamation Case Against Priya Ramani

A Delhi court is likely to pronounce today its verdict in former Union Minister M J Akbar’s criminal defamation complaint against journalist Priya Ramani for her allegations of sexual harassment against him. Additional Chief Metropolitan Magistrate Ravindra Kumar had on February 1 reserved the judgment for February 10 after Akbar as well as Ramani completed their arguments.

Congress Asks How Charges Against Disha Ravi Can be Proved, Voices Concerns Over Country’s Image

The Congress, which has hit out at the Bharatiya Janata Party-led government at Centre over the arrest of 21-year-old Disha Ravi, on Tuesday questioned how the charges against her and other such activists can be proved in a court of law. The issue of Disha Ravi came up during the Parliamentary committee meeting on Home Affairs even though the agenda was demand for grants.





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Law of Sedition Cannot Be Invoked to Quieten the Disquiet, Says Delhi Court


A Delhi court has said that the law of sedition cannot be invoked to quieten the disquiet under the pretence of muzzling the miscreants. Additional Sessions Judge Dharmender Rana made the observation while granting bail to two persons – Devi Lal Burdak and Swaroop Ram – arrested by Delhi police earlier this month for allegedly commiting sedition and spreading rumours by posting fake video on Facebook during ongoing farmers’ protest.

The court also said invocation of Section 124 A (sedition) IPC is a “seriously debatable issue in the case before it. The court said that the law of sedition was a powerful tool in the hands of the state to maintain peace and order in the society.

However, it cannot be invoked to quieten the disquiet under the pretence of muzzling the miscreants. Evidently, law proscribes any act which has a tendency to create disorder or disturbance of public peace by resort to violence. In the absence of any exhortation, call, incitement or instigation to create disorder or disturbance of public peace by resort to violence or any allusion or oblique remark or even any hint towards this objective, attributable to the accused, I suspect that Section 124 A (sedition) IPC can be validly invoked against the applicant, the judge said on February 15.

The judge said, In my considered opinion, on a plain reading of the tagline attributed to the accused, invocation of Section 124 A IPC is a seriously debatable issue. According to police,Burdakhad posted a fake video on his facebook page with the tagline there is a rebellion in Delhi Police and around 200 police officials have given mass resignation.

However the posted video was related to an incident wherein some persons in Khaki (Home Guard personnel) were agitating in respect of their grievances with Jharkhand Government, the prosecution said. In his Facebook post, Ram had shared a seperate video with similar tagline.

However, the posted video was related to an incident wherein a senior officer of Delhi Police was briefing police personnel at the protest site and also encouraging them to tackle the situation properly, the prosecution said. Regarding the video posted by Ram, the judge said, I have personally seen the video in the court room wherein evidently a senior police officer of Delhi Police is raising slogans, in a very agitated tone, and a group of Delhi Police personnel are seen standing besides him.

The background voices also suggests a very charged up atmosphere. It was informed by the investigating officer that the accused were not the author of the said post and they had merely forwarded it, he said. The court granted bail to both the accused persons on a bail bond of Rs 50,000 each and two sureties of like amount each, noting their custodial interrogation was no longer sought by the police.

The court directed them to join further investigation as and when called upon by the investigating officer and to scrupulously appear at each and every stage of the proceedings before concerned court so as not to cause any obstruction or delay to its progress and that they shall not commit an offence similar to the offence of which they are accused of. Regarding the allegation of forgery, the court observed that the prosecution failed to point out the creation of any false document in the instant case.

I fail to understand as to how come the offence of forgery is attracted in the instant case unless there is some false document, as statutorily defined under section 464 (forgery) of IPC, is created by anyone, the judge said. Regarding the allegation of spreading rumours, the judge said that the allegations against the accused for commission of the offence punishable under Section 505 IPC seems to bear force but that is bailable offence.

The accused had submitted that they were falsely implicated in the present case. They added that the material alleged against them was innocuous in nature and it was in fact an expression of emotions uttered in disagreement with government policies.

The police opposed their bail applications saying very serious allegations was levelled against the accused and that they not only made a sensational Facebook post with an intent to spread disaffection against the State but has also committed forgery.





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Delhi Court Extends by 7 Days Police Custody of Deep Sidhu


A Delhi court on Tuesday extended by seven days the police custody of actor-activist Deep Sidhu in connection with the Red Fort violence on Republic Day during the farmers’ tractor parade against the Centre’s three new agri laws. Sidhu was produced before Metropolitan Magistrate Bhujali after expiry of his police custody in the case.

Police sought extension of his custodial interrogation, saying it was required for further investigation and to identify other accused persons in the case. The court had on February 9 sent Sidhu to police custody for seven days after the police alleged he was one of the main instigators of the violent incidents at the Red Fort.

The police had said there are videos where Sidhu can be allegedly seen at the site of the incident. “He was instigating the crowd. He was also one of the main rioters. Several social media accounts need to be searched to identify the co-conspirators. Also his permanent address is given as Nagpur but several places need to be visited in Punjab and Haryana to unearth further details,” the police had alleged.

“He can be seen coming out with the person who hoisted the flag and congratulating him. He came out and gave speeches in loud hailers and provoked the crowd there. He was the main instigator. He instigated the crowd due to which violence occurred. Several policemen were injured in the violence,” the police alleged. Sidhu’s counsel, however, claimed he had nothing to do with the violence and was at the wrong place at the wrong time.

Sidhu has been arrested for several offences under the Indian Penal Code including rioting (147 and 148), unlawful assembly (149), attempt to murder (120-B), criminal conspiracy (120-B), assaulting or obstructing public servant (152), dacoity (395), culpable homicide (308) and disobedience to order promulgated by public servant (188). He has also been arrested under sections of the Arms Act, Prevention of Damage to Public Property Act and the Ancient Monuments and Archaeological Sites and Remains Act.

The police had announced a cash reward of Rs 1 lakh for information leading to Sidhu’s arrest. Tens of thousands of protesting farmers clashed with the police in the national capital on January 26 during a tractor parade to to highlight their demands.

Many of them driving tractors reached the Red Fort and entered the monument, where a religious flag was also hoisted. Over 500 police personnel were injured and one protestor died. In the FIR registered in connection with the Red Fort violence, police alleged two magazines with 20 live cartridges were snatched from two constables by protestors who also damaged vehicles and robbed anti-riot gear.

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Court Rejects Bail Plea of Man Seen in Video in ‘Aggressive Posture’ with Other Rioters


File photo of a car burnt during the riots in Northeast Delhi in February this year.

File photo of a car burnt during the riots in Northeast Delhi in February this year.

Additional Sessions Judge Amitabh Rawat dismissed the bail plea of Gurmeet Singh and said the accused was “part of the unlawful assembly which, in prosecution of common object, had committed the offence” of rioting and firing, leading to gunshot injuries to some people and police officials.

  • PTI New Delhi
  • Last Updated: December 19, 2020, 21:07 IST
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A Delhi court has dismissed the bail application of a man in a northeast Delhi riots case, saying he can be clearly seen in a CCTV footage in an “aggressive posture” with other rioters. Additional Sessions Judge Amitabh Rawat dismissed the bail plea of Gurmeet Singh and said the accused was “part of the unlawful assembly which, in prosecution of common object, had committed the offence” of rioting and firing, leading to gunshot injuries to some people and police officials.

“Regarding the role of the present accused/applicant Gurmeet Singh, he is clearly visible in the CCTV footage in an aggressive posture with other rioters. He is holding wooden ‘fatta’ (plank) and brick in his hands. Thus, he is actively participating in the riots. “Thus, the accused was part of the unlawful assembly which in prosecution of common object had committed the offence of rioting and firing gunshot injuries on the public persons and police officials and thus, every member of unlawful assembly is deemed to be guilty of offence committed by every member of that assembly in prosecution of common object of that assembly, the court said in its order passed on December 18.

During the hearing, Singh’s counsel claimed he had been falsely implicated in the matter and was pulling a rickshaw with a passenger during the riots in the Welcome area. Special Public Prosecutor Saleem Ahmed, appearing for the police, opposed the bail plea, saying Singh can be clearly seen in a CCTV footage allegedly actively participating in the riots and pelting stones.

Communal violence had broken out in northeast Delhi on February 24 after clashes between those opposing the amended citizenship law and those supporting it spiralled out of control, leaving at least 53 people dead and around 200 injured.



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Accused of Flouting Covid-19 Rules, 36 Foreigners Acquitted of All Charges by Delhi Court


File photo of Tablighi Jamaat at Delhi's Nizamuddin Markaz.

File photo of Tablighi Jamaat at Delhi’s Nizamuddin Markaz.

The foreigners were charged for attending Tablighi Jamaat congregation by allegedly being negligent and disobeying the government guidelines issued in wake of COVID-19 pandemic.

  • PTI New Delhi
  • Last Updated: December 15, 2020, 18:43 IST
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A Delhi court Tuesday acquitted 36 foreigners, who were charge sheeted for attending Tablighi Jamaat congregation here by allegedly being negligent and disobeying the government guidelines issued in wake of COVID-19 pandemic in the country. Chief Metropolitan Magistrate Arun Kumar Garg acquitted the foreigners from 14 countries of all charges.

The court had on August 24 framed charges against the foreigners under sections 188 (disobedience to order duly promulgated by public servant), 269 (negligent act likely to spread infection of disease dangerous to life) of the Indian Penal Code and Section 3 (disobeying regulation) of Epidemic Act, 1897. The charges were also framed under section 51 (obstruction) Disaster Management Act, 2005.

However, they were discharged for the offences under section 14 (1) (b) (violation of visa norms) of Foreigners Act, sections 270 (Malignant act likely to spread infection of disease dangerous to life) and 271 (Disobedience to quarantine rule) of IPC.

The court had also discharged eight foreign nationals from six countries of all charges under which they were charge sheeted in the absence of any record or any credible material against them. The foreigners were charge sheeted for attending Tablighi Jamaat congregation here at Nizamuddin area allegedly in violation of visa norms, indulging in missionary activities illegally and violating government guidelines issued in the wake of COVID-19 outbreak.



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Delhi Court Discharges Gautam Gambhir of All Charges in Cheating Case


A Delhi court Thursday discharged cricketer-turned-politician Gautam Gambhir of all charges in a case of alleged criminal breach of trust and cheating flat buyers. After discharging the BJP MP from East Delhi, Additional Chief Metropolitan Magistrate Dharmender Singh sent the file back to the District Judge to transfer the matter to the court having jurisdiction as the magistrate’s court was constituted exclusively to deal with matters in which MP/MLAs were an accused.

The police had filed a supplementary charge sheet in September last year in the case against Gambhir and several others under various sections, including 406 (criminal breach of trust), 420 (cheating) and 34 (criminal act is done by several persons in furtherance of the common intention), of the IPC.

Over 50 flat buyers have filed the complaint alleging that they booked flats in a real estate project in Ghaziabad’s Indirapuram in 2011 but it did not take off. Gambhir was a director and brand ambassador of the joint project of Rudra Buildwell Realty Pvt Ltd and H R Infracity Pvt Ltd, against which a case was lodged in 2016 for allegedly duping people of crores of rupees on the pretext of booking apartments in the housing project.

In its charge sheet, the police had alleged that “the developers executed Builder Buyer Agreement with the victims in June-July, 2014 even after the expiry of sanctioned building plan on June 6, 2013. Developers have been demanding and collecting money from the victims unauthorizedly even after June 23, 2013.”

“Investors have been deliberately kept in the dark about the litigations involving the proposed site of land. Authorities cancelled the sanction/ approval etc. for the project on April 15, 2015 due to default of payments of requisite licence fees etc. and non-compliance of other formalities,” the final report had said.

Besides Gambhir and the firm, the charge sheet also included the names of its other promoters — Mukesh Khurana, Gautam Mehra and Babita Khurana — as accused. The complainants have alleged that “the project was extensively promoted and advertised and Gambhir, as the brand ambassador, helped in attracting and inviting buyers to invest in the project”.



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Court Grants Bail to Man in Delhi Riots Case, Says Cannot Be Jailed for Merely Being Tahir’s Brother


File photo of a car burnt during the riots in Northeast Delhi in February this year.

File photo of a car burnt during the riots in Northeast Delhi in February this year.

While granting bail to Shah Alam, Additional Sessions Judge Vinod Yadav said the name of the only prosecution witness in the case was kept deliberately as there were no other independent witnesses.

  • PTI New Delhi
  • Last Updated: December 10, 2020, 20:11 IST
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A Delhi court has granted bail to a man in a northeast Delhi riots case, saying he cannot be jailed “for infinity” merely for being the younger brother of suspended AAP Councillor Tahir Hussain, the principal accused in the matter. While granting bail to Shah Alam, Additional Sessions Judge Vinod Yadav said the name of the only prosecution witness in the case was kept deliberately as there were no other independent witnesses.

It is a ‘general case’ about the use of the building of principal accused Tahir Hussain by the rioters as well as commission of acts of arson and looting of public and private properties, the court said. “In this case, only one witness namely Jai Bhagwan has been added. I have been taken through his complaint, and upon a perusal of the endorsement made on the complaint, it appears that the name of this witness has been kept deliberately in this case, as there was no other independent witness,” the judge said in his order passed on December 9.

I am of the considered opinion that applicant (Alam) is also entitled for grant of bail in the matter on the ground of parity. He cannot be made to incarcerate in jail for infinity merely on account of the fact that he is younger brother of principal accused Tahir Hussain or that other persons who were part of the riotous mob have to be identified and arrested in the matter, the order said. The court granted bail to Alam on furnishing a bail bond of Rs 20,000 with one surety of like amount in the case related to rioting in Dayalpur area.

It directed him not to tamper with evidence and to install the Aarogya Setu app on his mobile phone. During the hearing, Alam’s counsel said the accused has been falsely implicated in the matter and no recovery has been affected from him in the matter.

Special Public Prosecutor Manoj Chaudhary, appearing for the police, opposed the bail plea saying Alam was allegedly actively involved in the riots and many persons who were part of the riotous mob needed to be identified and arrested. Communal violence had broken out in northeast Delhi on February 24 after clashes between the Citizenship (Amendment) Act supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured.

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Illicit Relationship Biggest Weapon of Cheating, Says Delhi Court as it Convicts Two in Murder Case


Illicit relationship is the “biggest weapon” of cheating that destroys a whole family, observed a Delhi court while convicting a woman and her brother-in law for murdering her husband in a pre-planned conspiracy. Additional Sessions Judge Vinod Yadav held guilty Shanti Sharma and her brother-in-law Satender Sharma for the offences under sections 302 (murder), 201 (disappearance of evidence), 120-B (criminal conspiracy) and 34 (common intention) of the Indian Penal Code.

The offences entail a maximum punishment of death penalty. The court has put up the matter for arguments on sentencing on December 10.

“illicit relationship is the biggest weapon of cheating that destroys the whole family. Illicit relationship is a perfect mix for disaster. Most times, it turns the family system into hell. The case in hand is a perfect example of this. “I am of the considered opinion that the deceased (Dilip Sharma) was found dead within the secured precincts of his house raises an irresistible inference that the deceased was murdered by the accused persons in a pre-planned conspiracy,” the judge said in his order passed on December 2.

The court noted that the case was entirely based on circumstantial evidence, which is secondary evidence. “Circumstantial evidence might not directly prove any offence, but to draw guilt of an accused, an entire chain of circumstances has to fall in place,” it said.

It said that the most important circumstance which has the capacity to nail the issue in the matter was that the the deceased having been found dead within the precincts of his secured house. “Admittedly the deceased was found dead within the secured boundary walls of his house. There was no evidence of theft or house-breaking in the said house, even no such defence has been pleaded by the accused persons. The suicide theory is also ruled out on account of the nature of injury marks found on the dead body of deceased.,” the court said.

It further said from the testimony of the deceased’s sister-in-law it was quite clear that there existed “illicit relations” between both the accused persons. “It is clearly evident from the record that just prior to his unnatural, untimely and unexpected death, the deceased had been residing within the secured boundary walls of his house (at the ground floor) alongwith his wife (accused Shanti Sharma) and their three children. “…it is quite clear that accused Satender Sharma had been carrying out his business of manufacturing ‘plastic dibbi’ from the first floor residence of the deceased,” the court said.

During the trial, Shanti and Satender claimed they had been falsely implicated in the case and were innocent. They had claimed that Dilip had died by slipping and falling on the staircase of the house. As per the prosecution, in 2015, Dilip was found dead in his north-east Delhi’s Brahampuri house, lying near the staircase and the police had noticed injury marks and blood stains on his face and neck. The case was filed on the complaint of Dilip’s brother and both the accused were arrested during the investigation.



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