News Analysis India

Tag: bail

  • Hemant Soren drops plea against arrest after SC questions ‘conduct’

    The Supreme Court on Wednesday criticised Hemant Soren for his “blameworthy conduct” of not disclosing complete facts in a plea challenging his arrest by the Enforcement Directorate (ED) even as the former Jharkhand chief minister’s counsel withdrew the plea.

    A vacation bench headed by Justice Dipankar Datta verbally observed that Soren had availed “parallel remedies” by filing two separate pleas, one challenging his arrest and another seeking bail, but did not disclose it to the top court.

    Soren also did not disclose that his regular bail already stands dismissed by the trial court, the bench observed.It disapproved of the “crafty drafting” of Soren’s petition and told senior advocate Kapil Sibal that the court expected “some candour from your client”.AllUttar PradeshMaharashtraTamil NaduWest BengalBiharKarnatakaAndhra PradeshTelanganaKeralaMadhya PradeshRajasthanDelhiOther StatesSibal said it was his own mistake and not of Soren. “It is my personal fault and not of my client,” he told the bench. “The client is in jail and we are lawyers acting for him. Our intention was never to mislead the court and we have never done it.”Speaking for the bench, Justice Datta verbally observed that it appears that “the person in custody is not acting with bona fide”.To this, Sibal responded that Soren “is not in touch with us. It is not his (Soren) fault at all”.Sibal withdrew the plea after the bench said it would dismiss the same.

    Pointing out factual dissimilarities between the case of Delhi chief minister Arvind Kejriwal and Soren, both challenging their arrest by Enforcement Directorate (ED), the apex court on Tuesday had sought to know whether Soren’s plea would be maintainable especially after his regular bail has been rejected and the fact that a special court has taken cognisance of a prosecution complaint (equivalent of a charge sheet) filed by ED against Soren and other accused.

  • Special Court grants bail to JDS MLA Revanna in abduction case

    A special court for people’s representatives in Bengaluru on Monday granted bail to senior JDS MLA HD Revanna after concluding a hearing on his bail petition.Judge Santhosh Gajanana Bhat pronounced the order in the evening after hearing senior advocate CV Nagesh, appearing for Revanna, and additional special public prosecutors (SPPs) Jayana Kothari and Ashok N Nayak appearing for the special investigation team (SIT) which is probing the alleged abuse of women by Hassan MP Prajwal Revanna.The Judge granted bail on condition that the accused would furnish a bond for Rs 5 lakh, along with two sureties. He is barred from leaving the country, entering KR Nagar in Mysuru district, and interacting with the witnesses. He has also been asked to cooperate with the SIT investigation.The SIT has arrested Revanna, who represents Holenarasipur in the Assembly, on the charge that he, along with others, abducted a rape victim from her KR Nagar home in Mysuru district. The SIT is also probing him for charges of sexual harassment of a domestic help.AllUttar PradeshMaharashtraTamil NaduWest BengalBiharKarnatakaAndhra PradeshTelanganaKeralaMadhya PradeshRajasthanDelhiOther StatesRevanna Jr, who is the NDA candidate from Hassan Lok Sabha seat, has been absconding since April 27 after explicit videos allegedly involving him surfaced days before the April 26 polls.

  • Former Pakistan PM Imran Khan Gets Bail, But Release From Jail Uncertain. world news

    Islamabad: Pakistan’s Supreme Court on Friday granted bail to former Prime Minister Imran Khan in a case related to an alleged leak of state secrets, possibly a huge win for his party ahead of national elections in February.

    The 71-year-old former cricket star has been embroiled in a tangle of political and legal battles since he was ousted as prime minister in April 2022. He has not been seen in public since he was jailed for three years in August for unlawfully selling state gifts while in office from 2018 to 2022.

    It was not immediately clear if or when Khan would be released from jail because of the number of arrest warrants issued against him, Salman Safdar, one of Khan’s lawyers who represented him in court, told journalists after the hearing.

    A three-member bench granted Khan and his deputy party leader, Shah Mahmood Qureshi, bail subject to surety bonds of one million Pakistani rupees ($3,600) each. Both were indicted earlier this month.

    The state secrets charge is related to a classified cable sent to Islamabad by Pakistan’s ambassador in Washington last year, which Khan is accused of making public. He denies the charge, saying the contents appeared in the media from other sources.

    Despite Friday’s bail, Khan remains disqualified from contesting national elections scheduled for Feb. 8 by virtue of the corruption conviction, which a high court refused to suspend on Thursday. He still plans on filing his nomination papers ahead of a Sunday deadline, his party said.

    Even if the charismatic Khan were unable to contest the election, his release would be a major shot in the arm for his party as it would enable him to lead its campaign in the lead-up to the polls.

    Khan is widely believed to be the country’s most popular leader and won the last general elections in 2018. He says he is being targeted by the powerful military, which wants to keep him out of the polls. The military denies the charge.

  • NSE phone tapping: Delhi HC grants bail to Chitra Ramkrishna in money laundering case

    By PTI

    NEW DELHI: The Delhi High Court on Thursday granted bail to Chitra Ramkrishna in the money laundering case related to alleged illegal phone tapping and snooping of the National Stock Exchange (NSE) employees.

    “The application is allowed. The applicant is granted bail,” said Justice Jasmeet Singh.

    The former NSE managing director, who was earlier arrested by the CBI in the alleged NSE co-location scam, was arrested in the present case by the Enforcement Directorate on July 14 last year.

    She was granted bail in the CBI case by the high court in September last year.

    The Enforcement Directorate (ED) had opposed her bail plea in the present case on grounds that she was the “mastermind” behind the conspiracy.

    The phone tapping case, according to the ED, pertains to a period from 2009 to 2017 when former NSE CEO Ravi Narain, Ramkrishna, Executive Vice-President Ravi Varanasi, and Head (Premises) Mahesh Haldipur and others conspired to cheat NSE and its employees and for the purpose, engaged iSEC Services Pvt Ltd for illegal interception of phone calls of employees of the NSE in the guise of doing periodic study of cyber vulnerabilities of the NSE.

    Seeking bail, Ramkrishna had argued that no scheduled offence was made out against her and the allegations also did not fall within the rigours of the Prevention of Money Laundering Act .

    Ramkrishna was appointed as Joint MD NSE in 2009 and remained in the position till March 31, 2013. She got elevated as MD and CEO on April 1, 2013. Her tenure at NSE ended in December 2016.

    NEW DELHI: The Delhi High Court on Thursday granted bail to Chitra Ramkrishna in the money laundering case related to alleged illegal phone tapping and snooping of the National Stock Exchange (NSE) employees.

    “The application is allowed. The applicant is granted bail,” said Justice Jasmeet Singh.

    The former NSE managing director, who was earlier arrested by the CBI in the alleged NSE co-location scam, was arrested in the present case by the Enforcement Directorate on July 14 last year.

    She was granted bail in the CBI case by the high court in September last year.

    The Enforcement Directorate (ED) had opposed her bail plea in the present case on grounds that she was the “mastermind” behind the conspiracy.

    The phone tapping case, according to the ED, pertains to a period from 2009 to 2017 when former NSE CEO Ravi Narain, Ramkrishna, Executive Vice-President Ravi Varanasi, and Head (Premises) Mahesh Haldipur and others conspired to cheat NSE and its employees and for the purpose, engaged iSEC Services Pvt Ltd for illegal interception of phone calls of employees of the NSE in the guise of doing periodic study of cyber vulnerabilities of the NSE.

    Seeking bail, Ramkrishna had argued that no scheduled offence was made out against her and the allegations also did not fall within the rigours of the Prevention of Money Laundering Act .

    Ramkrishna was appointed as Joint MD NSE in 2009 and remained in the position till March 31, 2013. She got elevated as MD and CEO on April 1, 2013. Her tenure at NSE ended in December 2016.

  • Elgar Parishad case: Bombay HC refuses bail to activist Jyoti Jagtap

    By PTI

    MUMBAI: The Bombay High Court on Monday refused to grant bail to activist Jyoti Jagtap, arrested in the Elgar Parishad-Maoist links case, saying the National Investigation Agency’s case against her was “prima facie true”.

    The NIA had alleged that Jagtap was spreading activities of the banned outfit CPI (Maoist) in urban areas and that she made efforts to mobilise Dalits at the Elgar Parishad conclave held in Pune on December 31, 2017, to protest against the government and to create hatred against it.

    A division bench of Justices A S Gadkari and M N Jadhav dismissed the appeal filed by 34-year-old Jagtap, challenging a February 2022 order of a special court refusing to grant her bail.

    “We are of the opinion that the NIA case is prima facie true. Hence the appeal stands dismissed,” the court said.

    Jagtap, accused of singing and raising provocative slogans at the Elgar Parishad conclave along with other members of the Kabir Kala Manch, was arrested in the case in September 2020 and has been lodged at the Byculla women’s prison in Mumbai since then.

    According to the investigators, provocative speeches were allegedly made at the Elgar Parishad conclave on December 31, 2017, triggering violence at Koregaon-Bhima in Maharashtra’s Pune district on January 1, 2018.

    The Pune police had claimed the conclave was backed by Maoists. The NIA later took over the probe into the case. According to the NIA, Kabir Kala Manch is a frontal group for the banned terror outfit CPI (Maoist).

    While Jagtap, a singer-cum-activist, claimed she was innocent and the NIA failed to establish any prima facie evidence against her, the agency said Jagtap had made efforts to mobilise Dalits at the Elgar Parishad conclave held in Pune on December 31, 2017, to protest against the government and to create hatred against it.

    The NIA had also alleged that Jagtap was spreading activities of the CPI (Maoist) in urban areas.

    The central probe agency had claimed Jagtap was an active member of the CPI (Maoist) and that she was spreading activities of the banned “terror group” in urban areas and had undergone training for using weapons and explosives.

    However, Jagtap argued that the Kabir Kala Manch was a cultural group which tried to bring communal harmony and secularism back into Indian society through music and poetry.

    Out of 16 people arrested in the case, Father Stan Swamy died at a private hospital here last year while in judicial custody.

    Two other accused – Sudha Bharadwaj and Varavara Rao – are out on bail, while the others are still in jail

    MUMBAI: The Bombay High Court on Monday refused to grant bail to activist Jyoti Jagtap, arrested in the Elgar Parishad-Maoist links case, saying the National Investigation Agency’s case against her was “prima facie true”.

    The NIA had alleged that Jagtap was spreading activities of the banned outfit CPI (Maoist) in urban areas and that she made efforts to mobilise Dalits at the Elgar Parishad conclave held in Pune on December 31, 2017, to protest against the government and to create hatred against it.

    A division bench of Justices A S Gadkari and M N Jadhav dismissed the appeal filed by 34-year-old Jagtap, challenging a February 2022 order of a special court refusing to grant her bail.

    “We are of the opinion that the NIA case is prima facie true. Hence the appeal stands dismissed,” the court said.

    Jagtap, accused of singing and raising provocative slogans at the Elgar Parishad conclave along with other members of the Kabir Kala Manch, was arrested in the case in September 2020 and has been lodged at the Byculla women’s prison in Mumbai since then.

    According to the investigators, provocative speeches were allegedly made at the Elgar Parishad conclave on December 31, 2017, triggering violence at Koregaon-Bhima in Maharashtra’s Pune district on January 1, 2018.

    The Pune police had claimed the conclave was backed by Maoists. The NIA later took over the probe into the case. According to the NIA, Kabir Kala Manch is a frontal group for the banned terror outfit CPI (Maoist).

    While Jagtap, a singer-cum-activist, claimed she was innocent and the NIA failed to establish any prima facie evidence against her, the agency said Jagtap had made efforts to mobilise Dalits at the Elgar Parishad conclave held in Pune on December 31, 2017, to protest against the government and to create hatred against it.

    The NIA had also alleged that Jagtap was spreading activities of the CPI (Maoist) in urban areas.

    The central probe agency had claimed Jagtap was an active member of the CPI (Maoist) and that she was spreading activities of the banned “terror group” in urban areas and had undergone training for using weapons and explosives.

    However, Jagtap argued that the Kabir Kala Manch was a cultural group which tried to bring communal harmony and secularism back into Indian society through music and poetry.

    Out of 16 people arrested in the case, Father Stan Swamy died at a private hospital here last year while in judicial custody.

    Two other accused – Sudha Bharadwaj and Varavara Rao – are out on bail, while the others are still in jail

  • Delhi Waqf Board irregularities: Court grants bail to AAP MLA Amanatullah Khan

    By PTI

    NEW DELHI: A Delhi court on Wednesday granted bail to AAP MLA Amanatullah Khan in a case related to alleged irregularities in the Waqf Board, saying that “prima facie the allegations against the accused are not grave and serious in nature”.

    According to the FIR, Khan while working as chairman of the Delhi Waqf Board had indulged in several irregularities, including illegally recruiting 32 people by violating all norms and government guidelines.

    The court said that as per the statement of the Waqf Board’s CEO, it was “prima facie shown that the accused being the Chairman of Delhi Waqf Board went ahead with the recruitment in violation of the instruction of the Delhi government, just to favour his relatives and members of his constituency.”

    But, there was no material on record to show that Khan had received a bribe from any contractual employee, the court said.

    The Waqf Board had previously recruited employees, without the existence of any rules, and there was no material on record to show that any of the recruited employees had paid bride to Khan, the court said.

    Regarding leasing of Waqf properties, the court noted that prima facie, no loss was caused to the public exchequer with regard to the creation of tenancies.

    There was also no material on record to show the entrustment of the Waqf fund to Khan or his exclusive dominion over it, nor was there any evidence to prove that any contractual employee after withdrawing the salary amount had repaid it to the accused, the court said.

    ALSO READ| AAP MLA Amanatullah Khan’s close aide arrested under Arms Act: Delhi Police

    Further, the court said that “prima facie entrustment of funds to the accused or its misappropriation is not made out.”

    “From the aforesaid discussion, it can be prima facie held that allegations against the accused are not grave and serious in nature,” the court said.

    The court then noted that out of 24 cases against Khan, he was acquitted or discharged in 20 cases and during the alleged assault on Anti-Corruption Branch officials, the accused was in their custody.

    The court said that as a sitting MLA, Khan was not a flight risk and there was no chance of tampering with already seized primary evidence, which was documentary in nature.

    “In the facts and circumstances, having regard to the principles governing the grant of bail as mentioned hereinabove, the application filed by the accused is allowed and he is admitted to bail subject to his furnishing personal bond in the sum of Rs 1 lakh with one surety of the like amount.” special judge Vikas Dhull said.

    The court, however, made it clear that it was not expressing any opinion on the merits of the case. The Anti-Corruption Branch (ACB) arrested Khan after conducting raids at his premises on September 16.

    The then CEO of Delhi Waqf Board had clearly given a statement and issued a memorandum against such illegal recruitment, the FIR said.

    Further, it was alleged that as chairman of the Delhi Waqf Board, Khan rented out several properties of the Waqf Board illegally amid allegations of corruption and favouritism, it added.

    The FIR also alleged that Khan misappropriated funds of the Waqf Board comprising grants-in-aid from the Delhi government.

    NEW DELHI: A Delhi court on Wednesday granted bail to AAP MLA Amanatullah Khan in a case related to alleged irregularities in the Waqf Board, saying that “prima facie the allegations against the accused are not grave and serious in nature”.

    According to the FIR, Khan while working as chairman of the Delhi Waqf Board had indulged in several irregularities, including illegally recruiting 32 people by violating all norms and government guidelines.

    The court said that as per the statement of the Waqf Board’s CEO, it was “prima facie shown that the accused being the Chairman of Delhi Waqf Board went ahead with the recruitment in violation of the instruction of the Delhi government, just to favour his relatives and members of his constituency.”

    But, there was no material on record to show that Khan had received a bribe from any contractual employee, the court said.

    The Waqf Board had previously recruited employees, without the existence of any rules, and there was no material on record to show that any of the recruited employees had paid bride to Khan, the court said.

    Regarding leasing of Waqf properties, the court noted that prima facie, no loss was caused to the public exchequer with regard to the creation of tenancies.

    There was also no material on record to show the entrustment of the Waqf fund to Khan or his exclusive dominion over it, nor was there any evidence to prove that any contractual employee after withdrawing the salary amount had repaid it to the accused, the court said.

    ALSO READ| AAP MLA Amanatullah Khan’s close aide arrested under Arms Act: Delhi Police

    Further, the court said that “prima facie entrustment of funds to the accused or its misappropriation is not made out.”

    “From the aforesaid discussion, it can be prima facie held that allegations against the accused are not grave and serious in nature,” the court said.

    The court then noted that out of 24 cases against Khan, he was acquitted or discharged in 20 cases and during the alleged assault on Anti-Corruption Branch officials, the accused was in their custody.

    The court said that as a sitting MLA, Khan was not a flight risk and there was no chance of tampering with already seized primary evidence, which was documentary in nature.

    “In the facts and circumstances, having regard to the principles governing the grant of bail as mentioned hereinabove, the application filed by the accused is allowed and he is admitted to bail subject to his furnishing personal bond in the sum of Rs 1 lakh with one surety of the like amount.” special judge Vikas Dhull said.

    The court, however, made it clear that it was not expressing any opinion on the merits of the case. The Anti-Corruption Branch (ACB) arrested Khan after conducting raids at his premises on September 16.

    The then CEO of Delhi Waqf Board had clearly given a statement and issued a memorandum against such illegal recruitment, the FIR said.

    Further, it was alleged that as chairman of the Delhi Waqf Board, Khan rented out several properties of the Waqf Board illegally amid allegations of corruption and favouritism, it added.

    The FIR also alleged that Khan misappropriated funds of the Waqf Board comprising grants-in-aid from the Delhi government.

  • Court grants bail to Maharashtra MLA Bachchu Kadu in ‘Mantralaya’ assault case

    By PTI

    MUMBAI: A special court here on Wednesday granted bail to Independent MLA and former Maharashtra minister Bachchu Kadu in a 2018 case where he is accused of assaulting government officials.

    Kadu had allegedly assaulted and abused government officials at the state secretariat- Mantralaya- in Mumbai in March 2018.

    He had allegedly barged inside an IAS officer’s cabin and misbehaved with him.

    A case against him was registered against him at Marine Drive police station under sections 353 (assault or criminal force to deter public servant from discharge of his duty), 504 (intentional insult with intent to provoke breach of the peace) and other relevant provisions of the Indian Penal Code.

    Kadu, who represents the Achalpur constituency in the Amravati district, had approached the special court last week after a magistrate’s court had denied him bail.

    Responding to his plea, the prosecution told the court that conditional bail can be granted to the MLA.

    Special judge of the court for MPs and MLAs, R N Rokade, granted bail to the politician after hearing arguments.

    Kadu had gone to the Mantralaya with some students to protest a competitive exam website that was repeatedly malfunctioning.

    MUMBAI: A special court here on Wednesday granted bail to Independent MLA and former Maharashtra minister Bachchu Kadu in a 2018 case where he is accused of assaulting government officials.

    Kadu had allegedly assaulted and abused government officials at the state secretariat- Mantralaya- in Mumbai in March 2018.

    He had allegedly barged inside an IAS officer’s cabin and misbehaved with him.

    A case against him was registered against him at Marine Drive police station under sections 353 (assault or criminal force to deter public servant from discharge of his duty), 504 (intentional insult with intent to provoke breach of the peace) and other relevant provisions of the Indian Penal Code.

    Kadu, who represents the Achalpur constituency in the Amravati district, had approached the special court last week after a magistrate’s court had denied him bail.

    Responding to his plea, the prosecution told the court that conditional bail can be granted to the MLA.

    Special judge of the court for MPs and MLAs, R N Rokade, granted bail to the politician after hearing arguments.

    Kadu had gone to the Mantralaya with some students to protest a competitive exam website that was repeatedly malfunctioning.

  • IRCTC scam: CBI moves court seeking cancellation of bail granted to Tejashwi Yadav

    By PTI

    NEW DELHI:  The CBI on Saturday moved a court here seeking the cancellation of bail granted to Bihar Deputy Chief Minister Tejashwi Yadav in the Indian Railway Catering and Tourism Corporation (IRCTC) scam.

    Special Judge Geetanjali Goel issued a notice to Yadav on the application moved by the probe agency and sought his reply by September 28.

    The Central Bureau of Investigation (CBI) said Yadav, in a recent press conference, attempted to subvert the process of law and thwart the entire investigation as well as the consequent trial, and “blatantly abused the liberty granted to him”.

    “The tone and tenor is condemnable, intimidating and unfortunate, to say the least” . The said statements are not concerned to one case alone, but form a part of the larger design of the accused.

    “The said statements are not only scandalous but are also a clear attempt to prevent the trial from reaching its logical conclusion,” the agency said in its application.

    It added that through his statements at the conference, while Yadav issued a “direct threat to CBI officers and their families”, he also issued an “indirect threat to witnesses”

    “The accused has openly warned the CBI officers against carrying out the investigations, also resorting to innuendoes and threats in the process. Through such statements, the accused had indirectly and automatically threatened and attempted to influence the witnesses of the case,” it said.

    The agency also said the Bihar minister attempted to “portray the CBI in bad light and under the influence of political parties” by using innuendoes such as ‘jamai’ of a political party against it.

    The application further added that Yadav also undermined “the authority of the court” through his statements used in the conference.

    “Through such statements, the accused undermines the process of law, the investigation and the consequential trial and is as such an attempt to interfere with the administration of justice,” it added.

    The CBI said Yadav, being the son of former chief ministers of Bihar and himself the deputy CM, “is highly influential and powerful” and that his “scandalous statements” demonstrate his attempt to yield undue influence and power to prevent the case from reaching its logical conclusion.

    “The accused is no common man and exercises control and influence over a large number of people, all of whom are directly and indirectly affected and impacted by the implications of such scandalous statements,” it said.

    The court had in October 2018 granted bail to Yadav after he appeared before it in pursuance to summons issued against him in the matter related to alleged irregularities in granting the operational contract of two IRCTC hotels to a private firm.

    NEW DELHI:  The CBI on Saturday moved a court here seeking the cancellation of bail granted to Bihar Deputy Chief Minister Tejashwi Yadav in the Indian Railway Catering and Tourism Corporation (IRCTC) scam.

    Special Judge Geetanjali Goel issued a notice to Yadav on the application moved by the probe agency and sought his reply by September 28.

    The Central Bureau of Investigation (CBI) said Yadav, in a recent press conference, attempted to subvert the process of law and thwart the entire investigation as well as the consequent trial, and “blatantly abused the liberty granted to him”.

    “The tone and tenor is condemnable, intimidating and unfortunate, to say the least” . The said statements are not concerned to one case alone, but form a part of the larger design of the accused.

    “The said statements are not only scandalous but are also a clear attempt to prevent the trial from reaching its logical conclusion,” the agency said in its application.

    It added that through his statements at the conference, while Yadav issued a “direct threat to CBI officers and their families”, he also issued an “indirect threat to witnesses”

    “The accused has openly warned the CBI officers against carrying out the investigations, also resorting to innuendoes and threats in the process. Through such statements, the accused had indirectly and automatically threatened and attempted to influence the witnesses of the case,” it said.

    The agency also said the Bihar minister attempted to “portray the CBI in bad light and under the influence of political parties” by using innuendoes such as ‘jamai’ of a political party against it.

    The application further added that Yadav also undermined “the authority of the court” through his statements used in the conference.

    “Through such statements, the accused undermines the process of law, the investigation and the consequential trial and is as such an attempt to interfere with the administration of justice,” it added.

    The CBI said Yadav, being the son of former chief ministers of Bihar and himself the deputy CM, “is highly influential and powerful” and that his “scandalous statements” demonstrate his attempt to yield undue influence and power to prevent the case from reaching its logical conclusion.

    “The accused is no common man and exercises control and influence over a large number of people, all of whom are directly and indirectly affected and impacted by the implications of such scandalous statements,” it said.

    The court had in October 2018 granted bail to Yadav after he appeared before it in pursuance to summons issued against him in the matter related to alleged irregularities in granting the operational contract of two IRCTC hotels to a private firm.

  • Supreme Court grants bail to hate speech accused in Haridwar Dharma Sansad case

    By PTI

    NEW DELHI: The Supreme Court on Monday granted bail to Jitendra Narayan Tyagi, an accused in the Haridwar Dharma Sansad case related to alleged inflammatory speeches made against Muslims.

    A bench of Justices Ajay Rastogi and B V Nagarathna directed Tyagi, formerly known as Wasim Rizvi, to furnish an undertaking before the trial court that he will not address electronic media or social media and shall not indulge in such alleged activities anymore, directly or indirectly.

    The petitioner may be produced before the Trial Court within three days and shall be released on post-arrest bail subject to such terms and conditions to the satisfaction of the concerned trial Court and furnishing undertaking in the above terms before the trial Court.

    “If the petitioner violates or commits a breach of any of the conditions on which bail has been granted to him, the respondents/prosecution is at liberty to move an application seeking cancellation of bail,” the bench said.

    The top court on August 29 refused to extend the interim bail granted earlier on medical grounds and directed Tyagi to surrender.

    The apex court on May 17 granted three months of interim bail to Tyagi on medical grounds and directed him to give an undertaking that he would not indulge in hate speech and not give any statement on electronic or digital or social media.

    Tyagi had approached the top court after the Uttarakhand High Court dismissed his bail plea in March this year.

    The case against him and others had been lodged on the complaint of Nadeem Ali, a resident of Jwalapur Haridwar at Haridwar Kotwali on January 2 this year.

    He had alleged in his complaint that Dharma Sansad or religious Parliament was organised in Haridwar by Hindu sages from December 17 to 19 last year and in the garb of this event, the participants were instigated to wage a war against Muslims.

    Objectionable words were allegedly used against the Holy Quran and Prophet Mohammad, Ali had said in his complaint, adding these provocative statements had later gone viral on social media. These videos were circulated by Tyagi, Yati Narsinghanand, and others, he had alleged.

    The FIR also alleged that an attempt was made by Prabodhanand Giri to spread violence against the people living in Haridwar’s mosques.

    On Ali’s complaint, Narsindhanand Giri, Sagar Sindhu Maharaj, Dharamdas Maharaj, Parmanand Maharaj, Sadhvi Annapurna, Swami Anand Swaroop, Ashwani Upadhyay, Suresh Chavan along with Swami Prabodhanand Giri, Jitendra Narayan were booked under various sections of the IPC for allegedly delivering hate speeches in the name of religion at the conclave.

    NEW DELHI: The Supreme Court on Monday granted bail to Jitendra Narayan Tyagi, an accused in the Haridwar Dharma Sansad case related to alleged inflammatory speeches made against Muslims.

    A bench of Justices Ajay Rastogi and B V Nagarathna directed Tyagi, formerly known as Wasim Rizvi, to furnish an undertaking before the trial court that he will not address electronic media or social media and shall not indulge in such alleged activities anymore, directly or indirectly.

    The petitioner may be produced before the Trial Court within three days and shall be released on post-arrest bail subject to such terms and conditions to the satisfaction of the concerned trial Court and furnishing undertaking in the above terms before the trial Court.

    “If the petitioner violates or commits a breach of any of the conditions on which bail has been granted to him, the respondents/prosecution is at liberty to move an application seeking cancellation of bail,” the bench said.

    The top court on August 29 refused to extend the interim bail granted earlier on medical grounds and directed Tyagi to surrender.

    The apex court on May 17 granted three months of interim bail to Tyagi on medical grounds and directed him to give an undertaking that he would not indulge in hate speech and not give any statement on electronic or digital or social media.

    Tyagi had approached the top court after the Uttarakhand High Court dismissed his bail plea in March this year.

    The case against him and others had been lodged on the complaint of Nadeem Ali, a resident of Jwalapur Haridwar at Haridwar Kotwali on January 2 this year.

    He had alleged in his complaint that Dharma Sansad or religious Parliament was organised in Haridwar by Hindu sages from December 17 to 19 last year and in the garb of this event, the participants were instigated to wage a war against Muslims.

    Objectionable words were allegedly used against the Holy Quran and Prophet Mohammad, Ali had said in his complaint, adding these provocative statements had later gone viral on social media. These videos were circulated by Tyagi, Yati Narsinghanand, and others, he had alleged.

    The FIR also alleged that an attempt was made by Prabodhanand Giri to spread violence against the people living in Haridwar’s mosques.

    On Ali’s complaint, Narsindhanand Giri, Sagar Sindhu Maharaj, Dharamdas Maharaj, Parmanand Maharaj, Sadhvi Annapurna, Swami Anand Swaroop, Ashwani Upadhyay, Suresh Chavan along with Swami Prabodhanand Giri, Jitendra Narayan were booked under various sections of the IPC for allegedly delivering hate speeches in the name of religion at the conclave.

  • Supreme Court takes suo motu note of delay in release of prisoners after grant of bail 

    By PTI
    NEW DELHI: The Supreme Court has taken suo motu cognizance of delay on the part Uttar Pradesh authorities in releasing 13 prisoners who were granted bail by it on July 8.

    The convicts, who were juveniles at the time of offence have been lodged in Agra Central Jail for periods ranging from around 14 to 22 years in a murder case.

    The 13 convicts had approached the top court, claiming their detention to be “illegal” as there were clear orders passed by the Juvenile Justice Board with regard to each of them at various intervals between February 2017 and March 2021, declaring them to be juvenile at the time of murder.

    The apex court on July 8 had ordered their release on interim bail while granting time to the Uttar Pradesh government to verify the facts about their continued stay in jail despite orders establishing their juvenility.

    Chief Justice N V Ramana took note of the reports that despite grant of bail to the convicts, whose juvenility at the time of the offence has been established, they have not been released so far.

    A fresh suo motu case titled as ‘In re Delay in Release of Convicts after Grant of Bail’ has been instituted on July 13 and would be taken up on Friday by a bench comprising the CJI and justices L Nageswara Rao and A S Bopanna.

    The 13 prisoners had said in their plea that they are languishing in jail despite the fact that they have been declared to be below 18 years of age at the time of commission of offence by the Juvenile Justice Board.

    “The miseries are further compounded by the fact that these petitioners who are languishing in Agra central jail have already undergone judicial incarceration for periods ranging from 14 years to 22 years,” the plea had said.

    It said the Juvenile Justice (Care and Protection of Children) Act stipulates a maximum period of incarceration of three years and that too in juvenile homes.

    “However, here is the case where the petitioners languish in hardcore jail amongst hardcore criminals thereby completely negating the purpose and objects of Juvenile Justices Act,” it had said.

    It had said that Juvenile Justice Board, in its orders from February 2017 to March this year, had categorically held that all these petitioners were below the age of 18 years on the date of commission of offences.

    “It is unfortunate that despite a categorical order declaring these petitioners as juvenile, the petitioners are languishing in central jail, Agra having undergone custody ranging from 14 years to 22 years,” it had said.

    The top court on Friday would also take stock of the situation in relation to its May 8 order in another suo motu case of 2020 which was meant to decongest prisons in view of the spread of COVID-19 contagion in prisons.

    Taking note of the “unprecedented surge” in COVID-19 cases, a CJI-led bench on May 8 had passed a slew of directions to decongest prisons and had ordered immediate release of prisoners who were granted bail or parole last year.

    Observing that the decongestion of prisons housing around four lakh inmates across the country is a matter concerning “health and right to life of” prisoners and police personnel, it had said said all those who were allowed to go out on bail in March last year by the high-powered committees of states and Union Territories (UTs) be granted the same relief without any reconsideration to avoid delay.

    On March 16, 2020, the top court had taken suo motu cognisance of overcrowding of prisons across the country and said it is difficult for jail inmates to maintain social distancing to prevent the spread of coronavirus.