Fake degree: Delhi court rejects plea to summon Smriti Irani

October 18, 2016

New Delhi, Oct 18: In a relief to Smriti Irani, a Delhi court today dismissed a complaint against her for allegedly giving false information on her educational qualification to the Election Commission, saying it was filed to "needlessly harass" her as she was a union minister.

irani

Metropolitan Magistrate Harvinder Singh said there was a "great delay of around 11 years" in filing the complaint as it rejected the plea to summon her as an accused.

"Therefore, prayer for summoning the proposed accused (Irani) is hearby declined," the court said while pronouncing the order.

In his complaint, freelance writer Ahmer Khan had alleged that Irani, now Textiles Minister, had deliberately given discrepant information about her educational qualifications in affidavits filed before the Election Commission in 2004, 2011 and 2014 and not given any clarification, despite concerns raised on the issue.

Khan had urged the court to take cognisance of the offences alleged in the plea under Section 125A of the RPA and "summon the accused person, Smriti Z Irani, for trial".

"After conducting trial hold the acused guilty, convict and sentence the accused person in accordance with law, in the interest of justice to the complainant and also the public at large", he had prayed.

The court, while declining the prayer, said the original evidence was already lost due to passage of several years and the court needed to be "relieved of the burden of adjudicating such inconsequential claim or case".

It said the fate of the case could be foreseen as inevitable failure as original evidence was lost due to the "great delay" and the complainant may not have even bothered to file the plea if Irani was not a central minister.

"So, where the original evidence has already been lost due to passage of number of years, the secondary evidence available will probably be not able to withstand the test of judicial scrutiny, there is great great delay of around 11 years in filing of the complaint...

"The said delay could not be condoned as complainant is not an aggrieved person, the complaint does not appear to have been filed for vindication of majesty of justice and maintenance of law and order, the complaint appears to have been filed to needlessly harass the proposed accused," the magistrate said.
The court said the alleged offence under the IPC entailed a maximum punishment of three years for which the limitation for filing the complaint was three years under the CrPC.

A poll panel official had earlier told the court that the documents filed by Irani regarding her academic qualification while filing nominations were not traceable. However, the information on this was available on its website, he had said.

In pursuance to the court's earlier direction, Delhi University had also submitted that the documents pertaining to Irani's BA course in 1996, as purportedly mentioned by her in an affidavit filed during 2004 Lok Sabha elections, were yet to be found.

The court had on November 20 last year allowed the complainant's plea seeking direction to the officials of EC and DU to bring the records of Irani's qualifications after he said he was unable to place them before the court.

Khan had alleged that Irani had knowingly furnished misleading information about her qualifications and that a candidate, deliberately giving incorrect details, could be punished under provisions of the IPC and under section 125A of the Representation of the People Act (RPA).

Section 125A of RPA deals with penalty for filing false affidavit and entails a jail term of up to six months or fine or both.

The court on June 24 last year had taken cognisance of the complaint which had accused Irani of furnishing false information about her academic qualifications in the affidavits filed before the EC in 2004, 2011 and 2014.

The complainant had earlier claimed in court that in her affidavit for April 2004 Lok Sabha polls, Irani had said she completed her BA in 1996 from DU(School of Correspondence), whereas in another affidavit of July 11, 2011 to contest Rajya Sabha election from Gujarat, she had said her highest educational qualification was B.Com Part I from the School of Correspondence, DU.

The complaint also alleged that in the affidavit filed for nomination of April 16, 2014 Lok Sabha polls from Amethi constituency in Uttar Pradesh, Irani said she had completed Bachelor of Commerce Part-I from School of Open Learning, DU.

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Rikaz
 - 
Tuesday, 18 Oct 2016

She is not AAP leader, otherwise she would have been arrested like a dog....

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News Network
May 11,2024

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Out of jail and immediately hitting the campaign trail, Delhi Chief Minister Arvind Kejriwal on Saturday trained guns at Prime Minister Narendra Modi claiming that he will make way for Amit Shah next year when he turns 75 after sidelining all BJP leaders, including Yogi Adityanath, and jailing Opposition leaders.

Predicting that the BJP will be reduced to “220-230 seats” in the Lok Sabha polls, he claimed that Yogi Adityanath will be removed as Uttar Pradesh Chief Minister in two months if at all BJP returns to power to ensure Shah’s elevation as Prime Minister, as Modi himself has set the 75-year retirement rule in his party.

Accusing Modi of being dictatorial and seeking to implement ‘One Nation, One Leader’, Kejriwal insisted that the Prime Minister is not seeking votes for himself  and  people voting for BJP should know that they are not voting for Modi but Shah while wondering whether the latter would implement ‘Modi ki Guarantees’.

He also defended his decision not to resign as Chief Minister after his arrest, as it was a “trap” set by the Prime Minister to “finish off” AAP  and felt that JMM top leader Hemant Soren, who resigned as Jharkhand Chief Minister, also should not have quit his post.

Addressing a press conference that turned out to be a meeting of AAP supporters at the party headquarters here a day after he was released from Tihar jail on interim bail, he also asked Modi to “learn from Kejriwal on how to fight corruption”, as he referred to the induction of leaders who were accused of graft into the BJP. 

In his 20-minute address, which came after his visit to the Hanuman Temple in Connaught Place in the national capital, Kejriwal said Modi wants to crush his party as he knows that the AAP with its good work would replace the BJP.

If Modi does 'good work', no one will talk about AAP but people will not accept the attempts to decimate his party, which is working for the people, Kejriwal said.

“The Prime Minister says he fights against corruption but is inducting thieves and dacoits into his party. A leader who he described as one involved in a Rs 70,000 crore scam was inducted into the party ten days after Modi made the charges. If you want to fight corruption, learn from Kejriwal,” he said, citing instances of sacking and arrests of AAP ministers in Delhi and Punjab.

Warning that Opposition leaders like Mamata Banerjee, Tejashwi Yadav, NK Stalin and Uddhav Thackeray will be jailed by Narendra Modi if BJP wins, he said his arrest was meant to be a message to the country that if Kejriwal can be taken into custody, then anybody can be.

“People need to know, his mission's name is 'One Nation, One Leader'. To achieve this, there are two ways. One is to jail all Opposition leaders and the second is to sideline all leaders in BJP if they win. They have already sidelined L K Advani, Murli Manohar Joshi, Sumitra Mahajan, Shivraj Singh Chouhan who brought BJP back to power in Madhya Pradesh, Vasundhara Raje, ML Khattar…” Kejriwal said.

“Who is next in line? It is Yogi Adityanath. Take it in writing from me, if BJP wins, the UP Chief Minister will be changed in two months...He wants to crush democracy in this country. I am fighting against it," he said.

Referring to questions on who will be I.N.D.I.A. bloc's Prime Ministerial candidate, he said he has a counter question as Modi is turning 75 next September and he himself has set the retirement rule in the party.

“Now my question is who is BJP's Prime Ministerial candidate? If they can form the government, Yogi Adityanath will be first sidelined and then Amit Shah will be made the Prime Minister. Modiji is not seeking votes for him but for Amit Shah. Who will fulfil Modi's guarantees? Will Amit Shah fulfil it? I don't think they are going to form a government. But those who are going to vote for BJP should know that they are voting for Amit Shah,” he said.

Insisting that I.N.D.I.A. bloc will form the next government and that AAP will be part of it, Kejriwal promised full statehood for Delhi in such a dispensation. Emphasising that he did not resign when he was arrested because Modi had scripted it to finish off the party, he said he wanted to show that if democracy was jailed, it would run from jail.
 

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News Network
May 4,2024

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Canadian Police said they have arrested three Indians they suspect were part of the alleged hit squad that had killed Hardeep Singh Nijjar, a Sikh separatist leader involved with the Khalistan movement, which calls for an independent Sikh state.

Nijjar's killing had become the epicentre of a diplomatic row between India and Canada last year after Prime Minister Justin Trudeau alleged the role of "Indian agents" in the murder. India had rejected the charge as "absurd" and "motivated".

The three arrested Indians - Karan Brar, 22, Kamalpreet Singh, 22, Karanpreet Singh, 28 - were living as non-permanent residents in Alberta for three to five years, said Superintendent Mandeep Mooker, who leads the Integrated Homicide Investigation Team. The police have also released their photos.

They have been charged with first-degree murder and conspiracy to commit murder, showed court documents.

Police said that none of the suspects were known to them earlier and they were investigating their possible ties to the Indian government.

The murder remains "very much under active investigation," Royal Canadian Mounted Police (RCMP) Assistant Commissioner David Teboul told a press conference on Friday.

"There are separate and distinct investigations ongoing into these matters, certainly not limited to the involvement of the people arrested today, and these efforts include investigating connections to the government of India," CTV News quoted him as saying.

Nijjar, a Canadian citizen who was wanted in India on various terror charges, was shot dead outside a gurdwara in Surrey on June 18, 2023. Trudeau's charge against India sparked a massive row later that year with both countries expelling diplomats of the other country.

A fresh row erupted earlier this week after separatist slogans on 'Khalistan' were raised at an event addressed by Trudeau, prompting New Delhi to summon their Deputy High Commissioner and lodge a strong protest.

On the sidelines of the event, Trudeau told reporters that Nijjar's killing had created a "problem" that he could not have ignored.

India rejected his comment and said it once again showed Canada provides political space given to separatism, extremism, and violence. "This not only impacts India-Canada relations but also encourages a climate of violence and criminality in Canada to the detriment of its own citizens," foreign ministry spokesperson Randhir Jaiswal said.

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News Network
May 14,2024

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Jerusalem: Israel and India will continue to deepen their bilateral ties and lead to greater prosperity, Foreign Minister Israel Katz said on Tuesday.

Katz was responding to India’s External Affairs Minister S Jaishankar’s message on the occasion of Israel’s 76th Independence Day.

“Thank you for the warm wishes, FM @DrSJaishankar. In celebration of our Independence Day, Israel and India will continue to deepen our ties and lead to greater prosperity,” Katz said in a post on X.

Earlier in the morning, Jaishankar posted on X a 2:03-minute video showcasing the India-Israel relationship through photos of various bilateral meetings between Prime Minister Narendra Modi, himself, and other Indian ministers with Israel Prime Minister Benjamin Netanyahu and other ministers.

“Congratulate FM @Israel_katz and the people of Israel on the occasion of the 76th anniversary of Israel’s Independence. Mazel Tov!,” Jaishankar posted along with the video and repeated the same message in another post in Hebrew.

Meanwhile, President Droupadi Murmu wished her Israeli counterpart Isaac Herzog as she said on X, “I join the people of India in conveying our best wishes to President @Isaac_Herzog, and the people of Israel on the 76th anniversary of Israel’s independence.”

Lok Sabha speaker Om Birla too took to X to post his greetings to his counterpart Amir Ohana, the Speaker of The Knesset: “On the occasion of Israel’s 76th anniversary of independence, I congratulate Speaker of the Knesset @AmirOhana and the people of Israel.”

Both Murmu and Birla also included greetings in Hebrew.

“Thank you, my dear friend @ombirlakota. May the friendship between our nations grow stronger,” Ohana replied to Birla and also added a line in Devnagari script in Hindi, loosely translated as, “Thank you my dear friend Om Birla. May the friendship between our countries be stronger.”

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