News Analysis India

Tag: interim bail

  • ED opposes JMM leader Hemant Soren’s interim bail plea in SC

    New Delhi: The Enforcement Directorate opposed in the Supreme Court on Monday former Jharkhand chief minister Hemant Soren’s plea seeking interim bail in a money-laundering case linked to an alleged land scam to campaign in the Lok Sabha polls. In its affidavit filed in the top court on Soren’s plea against his arrest and for interim bail, the probe agency said the materials on record establish that the Jharkhand Mukti Morcha leader was involved in the acquisition and possession of properties in an illegal manner which are proceeds of crime. A vacation bench headed by Justice Dipankar Datta is scheduled to hear Soren’s plea against his arrest and interim bail on Tuesday. “Various Statements recorded under section 50 of PMLA, 2002, which establish that property admeasuring 8.86 acres, situated at Shanti Nagar, Near Lalu Khatal, Bariyatu is under illegal acquisition, possession and use of Hemant Soren and the same has been done in a camouflaged and concealed manner,” the agency said. Opposing the interim bail of Soren for campaigning during the ongoing Lok Sabha elections, the ED said, “It is relevant to note that the right to campaign for an election is neither a fundamental right nor a constitutional right and not even a legal right.” AllUttar PradeshMaharashtraTamil NaduWest BengalBiharKarnatakaAndhra PradeshTelanganaKeralaMadhya PradeshRajasthanDelhiOther StatesThe probe agency said that there is an active attempt on Soren’s part to subvert the investigation by misusing state machinery and project the proceeds of crime as “untainted through his stooges”. Soren was arrested on January 31 in the money-laundering case linked to the alleged land scam after he resigned as the Jharkhand chief minister. He has challenged a May 3 order of the Jharkhand High Court that dismissed his petition against his arrest by the ED. He has also sought interim bail for campaigning in the Lok Sabha polls till the court delivers its verdict on his plea against his arrest.

    On May 13, referring to the top court’s recent order in a money-laundering case involving Delhi Chief Minister Arvind Kejriwal, Soren sought interim bail for campaigning in the election.

  • ‘Arrested without proper investigation’: RJD MP Manoj Jha on interim bail to Kejriwal

    Hailing the Supreme Court verdict granting interim bail to Chief Minister Arvind Kejriwal in connection with the Delhi excise policy case, RJD MP Manoj Jha on Saturday said he was ‘happy’ with the reprieve for the ruling Aam Aadmi Party (AAP) as he was arrested without a ‘proper investigation’.

    Speaking to on Saturday, the RJD leader said, “He (Kejriwal) was arrested without a proper investigation just as (former Jharkhand CM) Hemant Soren-ji and several others. We are happy that he was granted (interim) bail and allowed to campaign for the Lok Sabha elections. If he (Hemant Soren) gets bail, they (BJP) will be wiped out of Jharkhand as well.”

    Earlier, on Saturday, the Delhi CM was granted interim bail after 50 days of incarceration at the Tihar jail following his arrest by the Directorate of Enforcement (ED) in the excise policy case. The AAP supremo was arrested on March 21, after several hours of questioning.The Delhi CM was granted a 22-day reprieve, till June 1, on the condition that he shall not visit the Chief Minister’s Office (CMO) or the Secretariat. AllUttar PradeshMaharashtraTamil NaduWest BengalBiharKarnatakaAndhra PradeshTelanganaKeralaMadhya PradeshRajasthanDelhiOther StatesAs per the court order, Kejriwal was asked to furnish bail bonds of Rs 50,000 with one surety of the same amount. He was asked to surrender on June 2, which coincides with the final day of polling for the 18th Lok Sabha.While granting Kejriwal interim bail, the apex court said he would not interact with any of the witnesses or have access to official files connected with the case.He also can’t “make any comment with regard to his role” in the present case, the bench ordered.The bench also made it clear that the grant of interim bail will not be treated as an expression of its opinion on the merits of the case or the criminal appeal which is pending for its consideration.

    Earlier, in April, AAP MP Sanjay Singh was released on bail from Tihar jail in the liquor policy case following an order by the apex court. Singh was released after spending over six months in jail in connection with the case.

  • Arvind Kejriwal: “If a dacoit gets bail, then there is no point in celebrating”: BJP’s Agnimitra Paul on interim bail to Arvind Kejriwal

    Slamming the Aam Aadmi Party for “celebrating” the Supreme Court’s granting of interim bail to its leader, Arvind Kejriwal, Agnimitra Paul, the BJP MLA from Asansol in West Bengal, said, “If a dacoit gets bail, then there is no point in celebrating.”

    “If a dacoit gets bail, then there is no point in celebrating. He is a hypocrite who once said that he was against misgovernance, but now he has become the face of misgovernance. Whoever has looted the public money has to go to jail,” Paul told ANI.

    Kejriwal was released from jail after spending over 50 days following his arrest by the Directorate of Enforcement on March 21 in connection with the Delhi excise policy case. He has been granted interim bail till June 1 with conditions that he shall not visit the Office of the Chief Minister or the Delhi Secretariat.Opposition parties across the country welcomed the Supreme Court’s decision while the Bharatiya Janata Party (BJP) said that the CM has not been proven “innocent”.AllUttar PradeshMaharashtraTamil NaduWest BengalBiharKarnatakaAndhra PradeshTelanganaKeralaMadhya PradeshRajasthanDelhiOther StatesCongress Lok Sabha candidate from North-East Delhi, Kanhaiya Kumar, said on Friday that the Supreme Court’s granting of interim bail to Kejriwal is a befitting reply to those who want to impose dictatorship in the country.”I would like to congratulate the entire country because Arvind Kejriwal has been given bail by the Supreme Court. This is a befitting reply to those who want to impose dictatorship in the country,” Kumar told reporters here. “Democracy will prevail in the country, and INDIA alliance will continue its fight against the NDA. People want change in the country as well as Delhi,” he added.CM Kejriwal received a warm welcome from supporters as well as his family members on returning from prison.

    “I had promised to come back soon, here I am,” Kejriwal said while addressing supporters enroute his residence from jail.

    The Chief Minister is also scheduled to meet the press on Saturday at 1 pm at the Aam Aadmi Party office in Delhi.

    AAP leaders including Gopal Rai, Atishi, Saurabh Bhardwaj, Swati Maliwal and Kailash Gehlot thanked the top court for granting interim bail to the party chief.

    Delhi Minister and AAP leader Gopal Rai said, “There is a wave of happiness in the entire country. SC’s decision has shown a ray of hope. The entire country is thankful to the SC. The fight against dictatorship and to save democracy and constitution will be strengthened after the release of Arvind Kejriwal.”

    Delhi Minister and AAP leader Atishi called it a “historic day” and said that it is a victory for democracy and the Constitution. “It is a historic day, not just for AAP but the entire country. BJP has left no stone unturned to turn it into a dictatorial country…SC’s decision has given hope to the people that there will be an end to this dictatorship. It is a win of the democracy & constitution,” Atishi said.

    Delhi BJP President Virendra Sachdeva said, “He has been granted bail for the election campaign till June 1 but what after that? Getting interim bail does not mean that you have been proven innocent. It will not affect the elections, BJP will win all 7 seats of Delhi.”

    Supreme Court lawyer Shadan Farasat representing Arvind Kejriwal said that the order is operable till June 2 adding that there are no restrictions on what he can say or not say in his election campaigning.

    Earlier in April this year, AAP MP Sanjay Singh was released on bail from Tihar jail following the top court’s order. Singh was released after spending over six months in jail in connection with the excise policy case.

    The AAP supremo is likely to participate in the election campaigns of the party in the run-up to the general elections in Delhi scheduled to be held on May 25.

  • Teesta Setalvad moves SC for bail in Gujarat riots case, hearing on Aug 22

    By ANI

    NEW DELHI: The Supreme Court on Tuesday agreed to hear on August 22 a plea by activist Teesta Setalvad seeking interim bail in a case in which she was arrested for allegedly fabricating documents to frame innocent people in 2002 Gujarat riots cases.

    A bench of Chief Justice NV Ramana and Justices JK Maheshwari and Hima Kohli posted the matter for hearing before a bench headed by Justice UU Lalit on August 22 after advocate Aparna Bhat mentioned the case for urgent listing.

    “Upon being mentioned by Aparna Bhat, Advocate on Record for the petitioner seeking urgent listing of the matter, the Registry is directed to list the matter on August 22, 2022, before a Bench presided over by Justice Uday Umesh Lalit,” the bench in its order stated.

    Setalvad has approached the top court against the August 3 order of the Gujarat High Court which issued notice to the Special Investigation Team (SIT) seeking its response to bail applications filed by Setalvad and former Gujarat Director General of Police (DGP) RB Sreekumar and posted the hearing on September 19.

    Setalvad and Sreekumar had approached the High Court after their bail applications were rejected by the Ahmedabad city sessions court.

    On July 30, the Ahmedabad sessions court refused to grant bail to Setalvad and Sreekumar while noting that the accused appeared to have aimed to “destabilise” the Gujarat government and defame the state for their ulterior motives.

    ALSO READ | Teesta Setalvad arrest keeps Godhra pot boiling

    They were arrested by the Ahmedabad Police Crime Branch on June 25 on the basis of a First Information Report (FIR) registered against them under sections 468 (forgery for cheating) and 194 (fabricating false evidence with intent to procure conviction for capital offences) of the Indian Penal Code.

    The Special Investigation Team (SIT) formed to probe the case has alleged that Setalvad and Sreekumar were part of a larger conspiracy carried out at the behest of late Congress leader Ahmed Patel to destabilise the then Bharatiya Janata Party (BJP) government led by Narendra Modi, who was the Chief Minister of Gujarat at the time.

    Former IPS officer Sanjiv Bhatt is also an accused in the case.

    The FIR against Setalvad, Sreekumar, and Bhatt was registered after the Supreme Court had on June 24 dismissed the plea filed by Zakia Jafri, widow of former Congress MP Ehsan Jafri, challenging the clean chit given by the SIT to Prime Minister Narendra Modi and several others in 2002 Gujarat riots.

    Ehsan Jafri was among 69 people killed during the violence at the Gulberg Society in Ahmedabad on February 28, 2002. Zakia Jafri had challenged the SIT’s clean chit to 64 people including Narendra Modi who was the Gujarat Chief Minister during the riots in the State.

    The SIT in the apex court had opposed the plea of Jafri saying there is a sinister plot behind the complaint to probe the “larger conspiracy” behind the 2002 Gujarat riots and the original complaint by Jafri was directed by activist Teesta Setalvad, who levelled allegations just to keep the pot boiling. 

    NEW DELHI: The Supreme Court on Tuesday agreed to hear on August 22 a plea by activist Teesta Setalvad seeking interim bail in a case in which she was arrested for allegedly fabricating documents to frame innocent people in 2002 Gujarat riots cases.

    A bench of Chief Justice NV Ramana and Justices JK Maheshwari and Hima Kohli posted the matter for hearing before a bench headed by Justice UU Lalit on August 22 after advocate Aparna Bhat mentioned the case for urgent listing.

    “Upon being mentioned by Aparna Bhat, Advocate on Record for the petitioner seeking urgent listing of the matter, the Registry is directed to list the matter on August 22, 2022, before a Bench presided over by Justice Uday Umesh Lalit,” the bench in its order stated.

    Setalvad has approached the top court against the August 3 order of the Gujarat High Court which issued notice to the Special Investigation Team (SIT) seeking its response to bail applications filed by Setalvad and former Gujarat Director General of Police (DGP) RB Sreekumar and posted the hearing on September 19.

    Setalvad and Sreekumar had approached the High Court after their bail applications were rejected by the Ahmedabad city sessions court.

    On July 30, the Ahmedabad sessions court refused to grant bail to Setalvad and Sreekumar while noting that the accused appeared to have aimed to “destabilise” the Gujarat government and defame the state for their ulterior motives.

    ALSO READ | Teesta Setalvad arrest keeps Godhra pot boiling

    They were arrested by the Ahmedabad Police Crime Branch on June 25 on the basis of a First Information Report (FIR) registered against them under sections 468 (forgery for cheating) and 194 (fabricating false evidence with intent to procure conviction for capital offences) of the Indian Penal Code.

    The Special Investigation Team (SIT) formed to probe the case has alleged that Setalvad and Sreekumar were part of a larger conspiracy carried out at the behest of late Congress leader Ahmed Patel to destabilise the then Bharatiya Janata Party (BJP) government led by Narendra Modi, who was the Chief Minister of Gujarat at the time.

    Former IPS officer Sanjiv Bhatt is also an accused in the case.

    The FIR against Setalvad, Sreekumar, and Bhatt was registered after the Supreme Court had on June 24 dismissed the plea filed by Zakia Jafri, widow of former Congress MP Ehsan Jafri, challenging the clean chit given by the SIT to Prime Minister Narendra Modi and several others in 2002 Gujarat riots.

    Ehsan Jafri was among 69 people killed during the violence at the Gulberg Society in Ahmedabad on February 28, 2002. Zakia Jafri had challenged the SIT’s clean chit to 64 people including Narendra Modi who was the Gujarat Chief Minister during the riots in the State.

    The SIT in the apex court had opposed the plea of Jafri saying there is a sinister plot behind the complaint to probe the “larger conspiracy” behind the 2002 Gujarat riots and the original complaint by Jafri was directed by activist Teesta Setalvad, who levelled allegations just to keep the pot boiling. 

  • More than 250 prisoners get interim bail, surrender after 90 days

    More than 250 undertrials have been released from Raipur Central Jail on 90-day interim bail. As per the Supreme Court’s instructions, the High Power Committee of Chhattisgarh High Court had issued instructions regarding release of undertrials and convicted prisoners in interim bail and parole.

    The Chairman of this committee, Justice Prashant Kumar Mishra of the Chhattisgarh High Court, held a meeting of the High Power Committee on 12 May, gave broad instructions in this regard and this time to save the jails from the Kovid confinement, this time for the cases which are released on interim bail. The scope was also extended so that more number of detainees could get the benefit of interim bail.

    After receiving the instructions of the High Power Committee, Raipur District Judge Arvind Verma had directed to take necessary action in this regard along with taking online meeting of all the judicial officers of the district. After this, bail applications were submitted on behalf of the inmates of the jail through the panel advocates on behalf of the District Legal Services Authority.

    Since May 13, so far, more than 250 prisoners have been released from Central Jail Raipur and about 15 prisoners from Upjeel Gariaband on 90 days interim bail. After completion of the 90-day period, these prisoners will surrender before the court concerned. This time the High Power Committee also directed that the prisoners who were given the benefit of interim bail last year, but those detainees who have violated the conditions of bail or have committed an offense while on bail, this time of interim bail Is not considered entitled