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Arnab Goswami moves High Court , For his ‘illegal arrest’ by police

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Arnab Goswami moves High Court , challenges his 'illegal arrest' by police

Mumbai: Republic TV Editor-in Chief Arnab Goswami has petitioned the Bombay High Court challenging his “illegal arrest” in a 2018 case of abetment of suicide of an interior designer, and sought quashing of the FIR lodged against him by Alibaug police in Maharashtra.

A division bench of Justices S S Shinde and M S Karnik will hear the plea on Thursday afternoon.

Goswami was arrested on Wednesday from his residence at Lower Parel in Mumbai for allegedly abetting the suicide of interior designer Anvay Naik, and was taken to the Alibaug police station in neighbouring Raigad district.

He was later produced before a magistrate’s court in Alibaug which remanded him in judicial custody till November 18. Goswami is currently kept at a local school which has been designated as a COVID-19 centre for the Alibaug prison.

In his petition, Goswami has challenged his “illegal arrest” and sought an urgent order of stay in the investigation into the case and also a direction to the police to release him immediately.

The plea has also sought the FIR against him to be quashed. It alleged that Goswami was assaulted by the police team that barged into his house on Wednesday.

“He has been wrongly and illegally arrested in a motivated, false and closed case. This is another attempt of political witch-hunt and vendetta politics against the petitioner and his channel,” the petition said.

“The arrest was conducted in blatant violation of the fundamental rights to life and personal liberty of the petitioner (Goswami) and his dignity. The petitioner and his son were assaulted and dragged into the police van when Goswami was arrested,” it added.

As per the plea, the investigation into the case was closed last year and a closure report was filed which was accepted by Chief Judicial Magistrate of the Alibaug court by an order dated April 16, 2019.

“It is shocking that a case that was decisively closed has been reopened with the sole purpose of misusing power, concocting facts and forcibly arresting the petitioner in a prime facie act of revenge and vengeance for his news coverage which questioned those in power in Maharashtra,” the petition said.

The petition claimed that in May 2018, the police had recorded the statements of Goswami and two senior officials of the Republic TV and after conducting a thorough investigation, the case was closed.

“The petitioner had at that time provided detailed documents to the police in relation to the business transactions with the deceased’s company and had fully cooperated in the matter,” the petition said.

It also said Goswamis company ARG Outlier Pvt Ltd had paid over 90 per cent of the amount due to the deceased Anvay Naiks company Concorde Designs, as per the contract.

“In July 2019, the entire balance amount due was transferred to the bank account of Naik’s company but the amount returned because the account was inoperative,” the petition said.

It said the petitioner has been fully cooperating with the police in the past and will continue doing so in future also.

Indian-origin millionaire Thanedar elected to Michigan state legislature in US

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Indian-origin millionaire Thanedar elected to Michigan state legislature in US

Houston: Shri Thanedar, an Indian-origin millionaire businessman who ran for Governor two years ago, has been elected to the House of Representatives in Michigan with 93 per cent votes.

Thanedar, 65, also a scientist, raised a record-breaking USD 438,620, primarily from his own wealth, in the state House primary against six other opponents of the Democratic Party.

The former gubernatorial hopeful cashed in on his high name familiarity after he moved from Ann Arbor to Detroit after losing the 2018 primary. His campaign two years ago featured a heavy dose of “Shri for We” television ads.

He won from the 3rd District of Michigan with 93 per cent of the total votes.

Thanedar had spent almost USD 10 million of his own fortune to finish third behind Governor Gretchen Whitmer and Abdul El Sayed in the 2018 gubernatorial primary, but he won the most votes in Detroit.

Originally from Karnataka’s Belgaum, he earned a bachelor’s degree in chemistry at 18 and master’s degree from University of Bombay. Later, he migrated to the US in 1979 to pursue higher studies from University of Akron and later University of Michigan.

Thanedar told the media in a recent interview that he began campaigning last fall prior to the pandemic and has spent time during the outbreak passing out masks, hand sanitiser and door knockers.

He said that he wants to tackle a long list of challenges plaguing his district, including blight, water shutoffs, foreclosures, crime and unemployment.

“I’m seeing people have no hope. Conditions are really bad and nothing has changed in years. People are disenfranchised. I’ve slept and ate on the floor, with no running water,” Thanedar said, referring to his upbringing in India.

“I understand the pain of poverty, he said.

CBI picks up former Karnataka Minister Vinay Kulkarni for questioning in 2016 murder case

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CBI picks up former Karnataka Minister Vinay Kulkarni for questioning in 2016 murder case

Bengaluru: Central Bureau of Investigation officials picked up former Karnataka Minister and Congress leader Vinay Kulkarni in Dharwad on Thursday in connection with the murder of former Zilla Panchayat member Yogeeshgouda Goudar in 2016, official sources said.

According to sources, Kulkarni was taken from his residence to suburban police station in Dharwad for questioning.

His younger brother Vijaya Kulkarni is also being questioned, they said. Yogesh Gowda was killed in his gymnasium on June 15, 2016 by unidentified men.

Arnab Goswami spends night At jail

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Arnab Goswami spends night at school designated as the jail's COVID-19 centre

Republic TV Editor-in-Chief Arnab Goswami, arrested for allegedly abetting the suicide of an interior designer, spent the night at a local school which has been designated As a covid-19 centre for the Alibaug prison, an official said on Thursday.

A court at Alibaug in Maharashtra’s Raigad district on Wednesday remanded Goswami and two other accused in judicial custody till November 18 in a 2018 abetment to suicide case.

Police had sought Goswami’s custody for 14 days, but the court held that custodial interrogation was not required. On Wednesday night, Goswami was taken for medical examination at a state-run hospital in the coastal town, the official said.

After the medical exam, he was taken to Alibaug Nagar Parishad School, which is designated as a COVID-19 centre of the Alibaug prison, and he spent the night there, the official said.

Goswami and the two others were booked under section 306 (abetment of suicide) and 34 (common intention) of the IPC in connection with the suicide of architect-interior designer Anvay Naik and Naik’s mother over alleged non-payment of dues by Republic TV.

The other two arrested accused in the case, Feroze Mohammed Shaikh and Nitesh Sarda, were also produced in the Alibaug court on Wednesday and remanded to judicial custody till November 18.

Naik, in his purported suicide note, had mentioned the names of Goswami, Shaikh and Sarda, police said, adding the note was sent to handwriting experts in Pune and a report is awaited.

Hearing on Goswami’s bail application will be on Thursday at Alibaug court, an official said.

Goswami had on November 2 filed a petition in the Bombay High Court seeking to quash the FIR in the case. It will be heard by a division bench of Justices S S Shinde and M S Karnik on Thursday.

A team of Raigad police picked up Goswami (47) from his Lower Parel house in Mumbai on Wednesday morning. He was seen being pushed into the police van, and claimed that he was assaulted by police before being taken away.

Goswami was produced in a court in Alibaug, around 90 km from Mumbai, and was remanded to judicial custody till November 18. The court ruling came shortly after 11 pm.

Mumbai police have registered an FIR against Goswami, his wife, son and two others for “obstructing, assaulting, verbally abusing and intimidating” a police officer on duty and for tearing up “government papers” (arrest intimation) at his house, the official said.

The FIR was registered at the N M Joshi Marg police station on Wednesday under sections 353, 504, 506 of IPC and section 3 of the Damage of Public Property Act, the official said.

Supreme court reserves order on Skoda’s plea challenging FIR in UP over “cheat device” in diesel car

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Supreme court reserves order on Skoda's plea challenging FIR in UP over "cheat device" in diesel car

New Delhi: The Supreme Court Wednesday reserved orders on a plea filed by Skoda Volkswagen India challenging an FIR registered in Uttar Pradesh by a customer over the use of a “cheat device” in its diesel car.

A bench headed by Chief Justice S A Bobde said there are many legal procedures by which the automobile company can secure relief for itself and observed that prima facie investigation should continue in the case.

“We have read the case. We are saying as to why the trial/investigation should not go on…

“There are many ways to deal with the criminal investigation…we know that Volkswagen is a legendary motor vehicle manufacturer, we are admirers of it… We have had the highest respect for it since World War II…but you are wrong on the stage at which you are coming here,” the bench observed.

At the outset, senior advocate A M Singhvi, appearing for Skoda, told the top court that in December 2015, a complaint against Volkswagen was made in the National Green Tribunal and in March 2019 a penalty was imposed which was stayed by the apex court.

There was also this FIR lodged in UP and the company moved the high court seeking its quashing, Singhvi told the bench, also comprising Justices A S Bopanna and V Ramasubramanian.

Singhvi said as to how a fresh can case be started when the same matter is being dealt with by the NGT and the top court.

The apex court, however, said that these are two different issues.

Singhvi argued that the vehicle was purchased by the complainant in 2018 and there were no complaints or representations made to the company.

“In connection with the NGT matter, we had come to the SC and there was immediate stay. While the matter is pending, this FIR was lodged where the allegations are the same as the application before the NGT in the earlier complaint,” Singhvi said.

The apex court was hearing an appeal filed by Skoda against the Allahabad High Court order refusing to quash the FIR and dismissing its plea.

The high court had said that whether a cheat device was installed in the vehicles is a matter of investigation and it cannot be interfered with by the court on an erroneous interpretation of the interim order of the Supreme Court.

The top court had earlier restrained the Centre from taking any “coercive” step against it for non-submission of Rs 500 crore fine imposed by the National Green Tribunal for damaging the environment through the use of “cheat device” in its diesel cars in India.

Earlier, a green panel bench headed by chairperson Justice Adarsh Kumar Goel had directed the carmaker to deposit the amount within two months with CPCB.

The tribunal had enhanced the compensation amount of Rs 171.34 crore, which was recommended by an NGT-appointed committee, to Rs 500 crore as a means of “creating deterrence”.

The automaker, however, had said that it did not violate the BS-IV norms and that the test results were based on “on-road testings” for which there were no prescribed standards.

A ‘cheat’ or ‘defeat device’ is a software in diesel engines to manipulate emission tests by changing the performance of the cars globally.

Volkswagen India had in December 2015 announced the recall of 3,23,700 lakh vehicles in India to fix the emission software after ARAI conducted tests on some models and found that their on-road emissions were 1.1 times to 2.6 times higher than the applicable BS-IV norms.

The automobile giant had admitted to the use of ‘defeat device’ in 11 million diesel engine cars sold in the US, Europe, and other global markets to manipulate emission test results.

After the tests by ARAI, Volkswagen India had undertaken to rejig the software by recalling around 3.23 lakh vehicles fitted with EA 189 diesel engines which were in alleged violation of emission norms.

The company, however, had said that the recall in India was purely voluntary in nature as it did not face any charges regarding violating emission norms in India, unlike in the US.

Karnataka: School reopening date to be out next week

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Officials have had a number of discussions on the issue of reopening of schools, but there is no official announcement as yet.

BENGALURU: The decision on reopening schools in Karnataka will be taken after discussions with Chief Minister B S Yediyurappa in the next four or five days, Primary and Secondary Education Minister S Suresh Kumar said here on Wednesday.

Kumar, who is out of home quarantine after being treated for the novel coronavirus, was speaking to the media after a meeting with officials of the department of public instruction and representatives of primary and high school teachers’ associations. 

Officials have had a number of discussions on the issue of reopening of schools, but there is no official announcement as yet. The final date should be known after the meeting with Yediyurappa. Over the next two days, officials of the departments of public instruction, social welfare, minority welfare, rural development, transport and health will convene a discussion with representatives of the School Development and Monitoring Committee and educationists, and come out with a comprehensive report.

DDPIs and BEOs have already held preliminary discussions. The report will be submitted to the Chief Minister, who will also be apprised of the statewide situation, and only then a decision on reopening of schools will be arrived at, Suresh Kumar said. The government stalled the Vidyagama project after declaring three-week mid-term holidays from October 12, and private institutes were also not permitted to open, despite several pleas by the managements.

Kumar said that although the rights of children and their health takes precedence, it is also important to think about students being kept away from learning processes for a prolonged period of time. “Children’s rights, welfare, parents’ panic , teachers’ rights, are all important to us, hence the government has not made any hasty decision on reopening schools,” he said. 

Various stakeholders have been consulted to ensure that schools open with necessary precautions in place, Kumar said. The department also discussed the education model of various states in light of Covid-19, and weighed their pros and cons.

Lecturers of government and aided colleges have been given the option to work from home from November 4 to 11. They have been demanding ‘Work From Home’ since October 12, due to the spike in Covid numbers.

Teachers are expected to prepare for digital learning, online and offline teaching and study material preparation, among others, during the period, the order from the department of higher education read. 
T M Manjunath, president of Karnataka Government College Teachers Association, told TNIE, “This will be a break from coming to college amid the pandemic.” However, teachers who are called on duty by the school principal for emergency work and examination related work, must compulsorily be present, said Sheethal Hiremath, under secretary, higher education department. Meanwhile, Manjunath said, “There is much scepticism among parents for offline classes. So far, no consent letters have been received.” ENS

Donald Trump sues in three states, laying ground for contesting outcome

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The AP called Michigan for Democrat Joe Biden on Wednesday. Nevada, Pennsylvania and Georgia are undecided.

WASHINGTON: President Donald Trump’s campaign filed lawsuits Wednesday in Pennsylvania, Michigan and Georgia, laying the groundwork for contesting battleground states as he slipped behind Democrat Joe Biden in the hunt for the 270 Electoral College votes needed to win the White House.

The new filings, joining existing Republican legal challenges in Pennsylvania and Nevada, demand better access for campaign observers to locations where ballots are being processed and counted, and raise absentee ballot concerns, the campaign said. However, at one Michigan location in question The Associated Press observed poll watchers from both sides monitoring on Wednesday.

The AP called Michigan for Democrat Joe Biden on Wednesday. Nevada, Pennsylvania and Georgia are undecided.

The Trump campaign also is seeking to intervene in a Pennsylvania case at the Supreme Court that deals with whether ballots received up to three days after the election can be counted, deputy campaign manager Justin Clark said.

The actions reveal an emerging legal strategy that the president had signaled for weeks, namely that he would attack the integrity of the voting process in states where the result could mean his defeat.

His campaign also announced that it would ask for a recount in Wisconsin, a state the AP called for Biden on Wednesday afternoon. Campaign manager Bill Stepien cited “irregularities in several Wisconsin counties,” without providing specifics.

Biden said Wednesday the count should continue in all states, adding, “No one’s going to take our democracy away from us — not now, not ever.”

Campaign spokesman Andrew Bates said legal challenges were not the behavior of a winning campaign.

“What makes these charades especially pathetic is that while Trump is demanding recounts in places he has already lost, he’s simultaneously engaged in fruitless attempts to halt the counting of votes in other states in which he’s on the road to defeat,” Bates said in a statement.

Election officials continued to count votes across the country, the normal process on the day following voting. Unlike in previous years, states were contending with an avalanche of mail ballots driven by fears of voting in person during a pandemic. At least 103 million people voted early, either by mail or in-person, representing 74% of the total votes cast in the 2016 presidential election.

Every election, results reported on election night are unofficial and the counting of ballots extends past Election Day. Mail ballots normally take more time to verify and count. This year, because of the large numbers of mail ballots and a close race, results were expected to take longer.

The Trump campaign said it is calling for a temporary halt in the counting in Michigan and Pennsylvania until it is given “meaningful” access in numerous locations and allowed to review ballots that already have been opened and processed.

The AP’s Michigan call for Biden came after the suit was filed. The president is ahead in Pennsylvania but his margin is shrinking as more mailed ballots are counted.

There have been no reports of fraud or any type of ballot concerns out of Pennsylvania. The state had 3.1 million mail-in ballots that take time to count and an order allows them to be received and counted up until Friday if they are postmarked by Nov. 3.

Pennsylvania Attorney General Josh Shapiro said in a CNN interview the lawsuit was “more a political document than a legal document.”

“There is transparency in this process. The counting has been going on. There are observers observing this counting, and the counting will continue,” he said.

The Michigan lawsuit claims Secretary of State Jocelyn Benson, a Democrat, was allowing absentee ballots to be counted without teams of bipartisan observers as well as challengers. She’s accused of undermining the “constitutional right of all Michigan voters … to participate in fair and lawful elections.” Michigan Democrats said the suit was a longshot.

Poll watchers from both sides were plentiful Wednesday at one major polling place in question — the TCF Center in Detroit, The Associated Press observed. They checked in at a table near the entrance to the convention center’s Hall E and strolled among the tables where ballot processing was taking place. In some cases, they arrived en masse and huddled together for a group discussion before fanning out to the floor. Uniformed Detroit police officers were on hand to make sure everyone was behaving.

Mark Brewer, a former state Democratic chairman who said he was observing the Detroit vote counting as a volunteer lawyer, said he had been at the TCF arena all day and had talked with others who had been there the past couple of days. He said Republicans had not been denied access.

“This is the best absentee ballot counting operation that Detroit has ever had. They are counting ballots very efficiently, despite the obstructing tactics of the Republicans.”

GOP lawyers had already launched legal challenges involving absentee votes in Pennsylvania and Nevada, contesting local decisions that could take on national significance in the close election.

In one appeal to a Pennsylvania appellate court, the Trump campaign complained that one of its representatives was prevented from seeing the writing on mail-in ballots that were being opened and processed in Philadelphia. A judge in Philadelphia dismissed it, saying that poll observers are directed to observe, not audit.

The Georgia lawsuit filed in Chatham County essentially asks a judge to ensure the state laws are being followed on absentee ballots. Campaign officials said they were considering peppering a dozen other counties around the state with similar claims around absentee ballots.

Trump, addressing supporters at the White House early Wednesday, talked about taking the undecided race to the Supreme Court. Though it was unclear what he meant, his comments evoked a reprise of the court’s intervention in the 2000 presidential election that ended with a decision effectively handing the presidency to George W. Bush.

But there are important differences from 2000 and they already were on display. In 2000, Republican-controlled Florida was the critical state and Bush clung to a small lead. Democrat Al Gore asked for a recount and the Supreme Court stopped it.

To some election law experts, calling for the Supreme Court to intervene now seemed premature, if not rash.

A case would have to come to the court from a state in which the outcome would determine the election’s winner, Richard Hasen, a University of California, Irvine, law professor, wrote on the Election Law blog. The difference between the candidates’ vote totals would have to be smaller than the ballots at stake in the lawsuit

“As of this moment (though things can change) it does not appear that either condition will be met,” Hasen wrote.

Ohio State University election law professor Edward Foley wrote on Twitter Wednesday: “The valid votes will be counted. (The Supreme Court) would be involved only if there were votes of questionable validity that would make a difference, which might not be the case. The rule of law will determine the official winner of the popular vote in each state. Let the rule of law work.”

Biden campaign attorney Bob Bauer said if Trump goes to the high court, “he will be in for one of the most embarrassing defeats a president has ever suffered by the highest court in the land.”

The justices could decide to step into the dispute over the three-day extension for absentee ballots if they prove crucial to the outcome in Pennsylvania.

Even a small number of contested votes could matter if a state determines the winner of the election and the gap between Trump and Biden is small.

No Muslim will be deported: Nitish Kumar

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Bihar CM dispels fear of Muslims that they will be thrown out once NRC, CAA are implemented.

PATNA: Bihar Chief Minister Nitish Kumar reached out to voters in Muslim dominated Kishanganj district on Wednesday, assuring them that there was no need to fear about deportation in the event of implementation of the new citizenship laws.

“No power can oust or shift the people of minority from the country. There is no strength in us to take our people out of the country,” he said at an election rally in Kochadhaman Assembly constituency while seeking votes for JDU’s sitting MLA Mujahid Alam. Muslims comprise 68% of the total population of 16,96,400 in Kishanganj which goes to voting in the third phase of election on November 7. 

Without naming All India Majlis-e-Ittehadul Muslimeen (AIMIM) leader Asaduddin Owaisi on the issue of the Citizenship Amendment Act and the National Register of Citizens, Nitish accused vested interests of misleading the people of minority.  “Some people are making such false statement that people will be shifted out of the country. There is no power in anyone to get our people (Muslim) out of the country.”

In February, Nitish had got the Bihar assembly to unanimously pass a resolution rejecting the NRC and contentious questions introduced by the Centre in the NRC update. Bihar was the first NDA-ruled state to unanimously pass a resolution against the NRC.

With the latest assertion, Nitish made another round of assurance to the Muslims who are being wooed by Owaisi. The AIMIM leader is raising the issue of CAA-NRC loudly in elections in Kishanganj. What remains to be seen is the BJP’s reaction as well given that the ruling ally in Bihar has been banking heavily on nationalism and allied issues.  In Bihar, Nitish had completely kept the BJP in dark when he got the Assembly to unanimously pass the resolution rejecting the NRC and the CAA. The BJP had no option then but to grudgingly accept the resolution passed by the Assembly.

Calling upon the people of Bihar’s Seemanchal region in Purnia to vote for NDA, Defence Minister Rajnath Singh on Wednesday accused the Congress party of questioning the bravery of soldiers. “The Congress leaders did not show even a bit of reluctance in question the valour of our army. … At a time when the country and all political parties should  get united and support the army on the issue of Pakistan and China, the Congress questions our soldiers and  their military might for their political benefits,” Singh claimed. He urged the people to “chase” away those people who doubt the soldiers.

Prime Minister Narendra Modi tweeted that it was only the NDA can provide security, employment and new opportunities of self-employment to the youth of Bihar. “In self-reliant Bihar, our goal is to maintain the rule of law. Our aim is welfare of the poor. Our mission is opportunities to youths and protection to women. Our mantra is Sabka Saath, Sabka Vikas, Sabka Vishwas. Jai Bihar, Jai Bharat.” The PM asserted that he was touched by the love he received in his rallies. “From political consciousness to social brainstorming, from festivals to food, Bihar is amazing,” Modi said.

Local BJP leader recites ‘Hanuman Chalisa’ at mosque in UP’s Baghpat

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Manipal Bansal recited Hanuman Chalisa at a mosque in Vinaypur village under Kekda Police Station area in Baghpat and also posted a video of the incident on Facebook

BAGHPAT: A local BJP leader recited ‘Hanuman Chalisa’ at a mosque here, the second such case in recent days after a group of people offered namaz on the premises of a temple in Mathura.

Police had arrested four men on Tuesday for chanting Hanuman Chalisa at an Idgah on the Goverdhan-Barsana road, about 20 km from Mathura, a day after a man named Faisal Khan was arrested and sent to 14 days in judicial custody for offering namaz on the premises of a Mathura temple.

However, Khan’s organization, Delhi-based Khudai Khidmatgar, claimed that he offered prayers in the temple complex only with the permission of the priests there.

On Tuesday, BJP leader Manupal Bansal recited Hanuman Chalisa at a mosque in Vinaypur village under Kekda Police Station area in Baghpat and also posted a video of the incident on Facebook.

The local police is investigating the matter, Superintendent of Police, Baghpat, Abhishek Singh said on Wednesday, adding that Bansal visited the mosque often and had taken the permission of the mosque’s maulvi — Ali Hassan — so a case could not be lodged.

Bansal, who is the member of district working committee of the BJP, said that he recited Hanuman Chalisa to promote amity and brotherhood after taking Hassan’s permission.

Besides Hanuman Chalisa, Gayatri Mantra was also chanted, Bansal added.

The district unit president of the BJP Surajpal too said that Bansal had taken the maulvi’s permission.

Talking to media persons, Hassan said he allowed Bansal to recite the Hindu prayers as there is nothing wrong in it and everyone needs to work to promote brotherhood.

Earlier, a local leader of the Vishwa Hindu Parishad had announced that he would recite Hanuman Chalisa at Faisal Masjid in Badaut area of Baghpat during Friday prayers after which the police are on a high alert.

Joe Biden wins more votes than any other presidential candidate in US history: Report

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As of November 4, Biden had got over 70.7 million votes, more than anyone who has ever run for president, the National Public Radio (NPR) reported.

Democratic presidential candidate Joe Biden

NEW YORK: Democratic nominee Joe Biden has won more votes than any other presidential candidate in the US history, shattering a record set by former President Barack Obama, according to a media report.

As of November 4, Biden had got over 70.7 million votes, more than anyone who has ever run for president, the National Public Radio (NPR) reported.

This count includes 300,000 more votes than what Obama got in 2008, which was the previous record.

Biden surpassed the popular vote record of 69,498,516 set by Obama in 2008.

Biden, in a tight electoral vote fight to the White House against incumbent President Donald Trump, is 2.7 million votes ahead of the Republican leader in the popular vote.

His lead is growing as counting picks pace in key battleground states.

NPR said millions of votes are still being tabulated across the country, including in California, which has reported 64 per cent of the votes counted.

Trump was also nearing Obama’s record with 67.32 million votes as of Wednesday.

Given that over 100 million votes were received through early voting and mail-in ballots, NBC News reported that there were at least 23 million votes still to be tallied, giving Biden an opportunity to further increase his vote tally.

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