Legal News at Vakilno1.com

Apex court dismisses Sadhvi Pragya’s bail plea

New Delhi,  The Supreme Court Friday dismissed the bail plea of Sadhvi Pragya Singh Thakur, the main accused in the 2008 Malegaon blast, in which six people were killed and over 100 injured.

Dismissing her plea, the bench of Justice J.M.Panchal and Justice H.L.Gokhale said: “Having regard to the totality of the facts and circumstances of the case, this court is of the opinion that question of violation of Article 22(2) does not arise.”

Sadhvi Pragya had challenged the Bombay High Court order of March 12, 2010 rejecting her plea for bail, contending that her arrest violated the mandate of Article 22(1) and 22(2) of the constitution and also on the ground that no charge sheet was filed within 90 days as contemplated by Section 167(2) of the Code of Criminal Procedure.
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Supreme Court to rule Sep 29 on Hasan Ali’s bail

New Delhi, The Supreme Court Tuesday reserved for Sep 29 its order on the centre’s plea seeking cancellation of the bail granted to alleged money launderer Hasan Ali Khan, who is described as the country’s top tax evader.

Justice Altamas Kabir and Justice S.S. Nijjar reserved the order after hearing arguments from the two sides.

Hasan Ali, who is being investigated by the Directorate of Enforcement under the Prevention of Money Laundering Act for allegedly stashing away money in tax havens, was granted bail by the Bombay High Court Aug 12.

The Supreme Court Aug 16 stayed the Bombay High Court order.

Court urges SEBI, MCX-SX to amicably resolve issues

Mumbai,  The Bombay High Court Friday directed the markets regulator, Securities and Exchange Board of India (SEBI) to resolve pending issues with MCX-SX promoters in a business-like manner and give thm a fresh chance.

Justice D.Y. Chandrachud also urged the SEBI to consider withdrawing its show-cause notice, based on which it passed its order to MCX-SX last year rejecting its application to start an equities trading platform, since most of the issues in the order have been resolved, an official said, requesting anonymity.

The two parties - SEBI and MCX-SX - have also been directed to return to the high court Sep 30 with a workable solution through assurances and undertakings.

The high court noted that for some small reasons, institutions should not be closed down as markets need competition.
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Apex court issues notice to 26/11 accused

New Delhi, Sep 2  The Supreme Court Friday issued notice to Fahim Harshad Mohammad Yusuf and Sababuddin Shaikh, acquitted by a trial court of involvement in the Nov 26, 2008 Mumbai terror attack.

The bench of Justice Aftab Alam and Justice R.M. Lodha issued notice on a petition by the Maharashtra government.

Yusuf and Shaikh were accused of providing logistic support for the attack. They were acquitted by a trial court and the verdict was later upheld by the Bombay High Court. The two were acquitted for want of corroborative evidence.
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Apex court extends stay on Hasan Ali’s bail

New Delhi,  The Supreme Court Thursday extended till Sep 2 its stay on the Bombay High Court order granting bail to alleged money launderer and country’s top tax evader Hasan Ali Khan.

The apex court bench of Justice Altamas Kabir and Justice S.S. Nijjar extended the stay after being told that the curbs imposed on Hasan Ali’s bail were till Aug 26.

The judges passed the order at the end of the second day’s hearing of the central government’s application seeking the recall of the court’s July 4 order.
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Apex court extends curbs on Hasan Ali’s bail

New Delhi,  The Supreme Court Thursday extended its interim stay on the Bombay High Court order granting bail to alleged money launderer and country’s top tax evader Hasan Ali Khan. The curbs on the bail will remain effective till Aug 26.

The apex court bench of Justice Altamas Kabir, Justice Cyriac Joseph and Justice S.S. Nijjar extended its interim order while adjourning the hearing on the Enforcement Directorate’s (ED) petition challenging the high court order granting bail to the Pune stud farm owner.
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Supreme Court stays Hasan Ali’s bail

New Delhi, Aug 16  The Supreme Court Tuesday stayed the Bombay High Court order granting bail to alleged money launderer and tax evader Hasan Ali Khan.

The bench headed by Justice Altamas Kabir stayed the order after Additional Solicitor General Harin Rawal made a mentioning seeking stay of the high court order of Aug 12.

The stay has been granted till Thursday when the court will take up the matter for hearing.
The Bombay High Court granted bail to Hasan Ali as the prosecution could not establish his offence under the Prevention of Money Laundering Act.
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Students Fake Marksheets, 1,135 students got Jobs in Maharashtra, CBI report

AMRAVATI: An overall total of 1,135 students have secured jobs submitting fake marksheets after passing out from various universities in Maharashtra, As reported through the Times Of India.

The fake marksheet scam came to fore after an investigation through the CBI on the direction from the Bombay High Court on a Public Interest Litigation (PIL) in 2007.

The PIL had alleged that many of the employees working in government and private sectors had got the job after submitting bogus documents, and sought a probe.

After hearing the PIL, the High Court directed the CBI to investigate the matter. The CBI, on December 26, 2009, wrote to all the Universities in Maharashtra asking for verification of the marksheets.

Verification revealed that 1,135 students from six universities had landed jobs using fake marksheets (obtained between 2001 and 2007), police sources said, quoting the CBI report.

The maximum 729 cases of fake marksheets were identified at Pune University, followed by Mumbai (237), Rashtrasant Tukdoji Maharaj University, Nagpur (92), Shivaji University, Kolhapur (42), Dr Babasaheb Ambedkar University, Aurangabad (18) and Sant Gadgebaba University, Amravati (17).

The CBI will now be submitting the report to the High Court and could seek direction to consider action against these students, the sources said.

HC refuses ‘maintenance’ to foreigner couple stuck in India

The Bombay High Court has said foreigners stranded in India due to pending criminal cases cannot seek maintenance to sustain themselves. As reported by DNA

Singapore national Zainab Yousuf (57) and her Japanese husband Teytsyo Hiryama (62) had sought maintenance from the state government.

Yousuf and Hiryama found themselves in an unusual predicamment: acquitted and set free by High Court, although not having permission to leave country since the appeal is pending.

Advocate Ayaz Khan, their advocate, argued that they had no source of livelihood here. Relying on article 21 of Constitution (right to life), Khan moved High Court for maintenance.

The two of them were arrested at Chhatrapati Shivaji International Airport here for possession of Hashish and were convicted and sentenced to ten years imprisonment in 2006.

But in January 2009, they were acquitted from the High Court. However, customs appealed it in the Supreme Court, and authorities didn’t issue them ‘exit visa’.

Yesterday, rejecting their plea, division bench of justice PB Majmudar and justice RG Ketkar said that “even for citizens of this country (India) who cannot maintain themselves, there isn’t any policy to offer shelter and maintenance. At the most the petitioners may obtain a work permit.”

HC refuses ‘maintenance’ to foreigner couple stuck in India

The Bombay High Court has said foreigners stranded in India due to pending criminal cases cannot seek maintenance to sustain themselves.

Singapore national Zainab Yousuf (57) and her Japanese husband Teytsyo Hiryama (62) had sought maintenance from the state government.

Yousuf and Hiryama found themselves in an unusual predicamment: acquitted and set free by High Court, although not having permission to leave country because the appeal is pending.

Advocate Ayaz Khan, their advocate, argued that they had no source of livelihood here. Relying on article 21 of Constitution (right to life), Khan moved High Court for maintenance.

The two of them were arrested at Chhatrapati Shivaji International Airport here for possession of Hashish and were convicted and sentenced to ten years imprisonment in 2006.

But in January 2009, they were acquitted by the High Court. However, customs appealed it in the Supreme Court, and authorities didn’t issue them ‘exit visa’.

Yesterday, rejecting their plea, division bench of justice PB Majmudar and justice RG Ketkar said that “even for citizens of this country (India) who cannot maintain themselves, there is no policy to offer shelter and maintenance. At the most the petitioners may apply for a work permit.”