The Evening Wrap: Court junks NCB’s application in Aryan Khan case

A special court on Monday junked a plea of the Narcotics Control Bureau (NCB) urging it to not take cognizance of an affidavit filed by an alleged witness during the drug raid carried out on a cruise on October 1, after which actor Shah Rukh Khan’s son Aryan Khan was arrested. The court said, “No blanket orders can be passed and disposed of the application filed by Sameer Wankhede, Zonal Director of NCB before the special court assigned under the Narcotics Drugs and Psychotropic Substances (NDPS) Act against the affidavit filed by Prabhakar Sail”. The NCB sought directions that no action or cognizance be taken on Sail’s notarised affidavit. Wankhede said that the only justification seems to be the arrest of the leader’s (Cabinet Minister Nawab Malik’s) son–in-law in an NDPS case and his subsequent release on bail. On October 24, Sail, in statement to the media, alleged that ₹25 crore was demanded by an NCB official, including absconding witness K.P. Gosavi, to let Khan go in the case. He told the media that he overheard Gosavi telling one Sam D’Souza over the phone, after Khan was brought to the NCB office following the October 2 raid, about a demand of ₹25 crore and to settle at ₹18 crore as they have to give ₹ 8 crore to Wankhede. Salil had said he would soon release evidence to support his claim. On October 24, Wankhede wrote to Mumbai Police Commissioner Hemant Nagrale, seeking protection from likely legal action being planned against him by unknown persons to falsely frame him concerning an alleged vigilance-related issue. Plea against Ramdev by doctors’ association can’t be thrown out: Delhi HC The Delhi High Court Monday said that prima facie, a suit filed by several doctors’ associations against Yoga guru Ramdev for allegedly spreading misinformation against allopathy amid the COVID-19 pandemic deserves consideration and cannot be “thrown out” at the first stage. Justice C. Hari Shankar said at the present stage, he only needs “to see if allegations in the complaint make out a case to be entertained”. “The allegations may be right or maybe wrong. He may say he did not say any such thing... It needs to be looked into,” said the judge. “Prime facie, it appears that the present suit can’t be thrown out at the threshold without granting leave to institute the suit,” said the High Court, which had earlier sought Ramdev’s stand on the institution of the proceeding. Delhi High Court listed the matter on October 27 to enable the counsel for Ramdev to make his submissions. Three Resident Doctors’ Associations of the All India Institute of Medical Sciences at Rishikesh, Patna and Bhubaneshwar as well as Association of Resident Doctors, Post Graduate Institute of Medical Education & Research, Chandigarh; Union of Resident Doctors of Punjab (URDP); Resident Doctors' Association, Lala Lajpat Rai Memorial Medical College, Meerut, and Telangana Junior Doctors' Association, Hyderabad had moved the High Court earlier this year. They alleged that Ramdev was misleading and misrepresenting to the public at large that allopathy was responsible for the deaths of several people infected by COVID-19, and insinuating that allopathic doctors were causing the deaths of the patients. Senior counsel Akhil Sibal, representing the associations, said that amid a pandemic, the Yog Gugu made unsubstantiated claims on Coronil being a cure for COVID-19, contrary to the licence granted to the drug for merely being an “Immuno-booster”. The senior counsel claimed that Ramdev’s statements were not “bonafide opinions” but were made for marketing and commercial use. “This is a person with no degree. He is dispensing medical opinion in a regulated field, endangering life amid a pandemic. People are gullible. He is a repeat offender. He claimed Yoga can cure AIDS and cancer. You can’t just say things and dupe people. The commercial speech comes with some responsibility,” he said. “Everyone has a right to commercial gain. Profit is not really a ground. You have to make out a case for public nuisance. Making a profit is not a public nuisance,” the court observed during the hearing. In their plea filed through advocate Harshavardhan Kotla, the associations had submitted that the yoga guru, who is a highly influential person, was sowing doubts in the minds of the general public concerning the safety and efficacy of not only allopathic treatments but also COVID-19 vaccines. The plea alleged that the misinformation campaign was nothing but an advertisement and marketing strategy to further the sales of the product sold by Ramdev, including Coronil which claims to be an alternative treatment for COVID-19. The other defendants in the plea include Acharya Balkrishna and Patanjali Ayurveda. Lakhimpur Kheri: Farmers protest on Tuesday to demand sacking of MoS Home Ajay Mishra Farmers protesting against the central farm laws will hold a countrywide protest on Tuesday to demand the sacking of Union Minister Ajay Mishra ‘Teni’, whose son is an accused in the Lakhimpur Kheri violence in which eight people, including farmers, were killed. The call for the protest has been made by the Samyukta Kisan Morcha (SKM), a farmer unions’ collective leading the anti-farm laws stir since November 2020 at Delhi’s borders, the Bhartiya Kisan Union (BKU), which is part of the movement, said. “Demonstrations would be held at administrative headquarters in every district of the country. A memorandum will be submitted to the government with a demand that the Union Minister of State for Home Affairs Ajay Mishra be removed from his post,” BKU media in-charge Dharmendra Malik told PTI. “The pan-India protest will be supported by all farmer groups associated with the movement against the contentious farm laws. Through the memorandum, we will also appeal once again that these laws be rolled back,” Malik said. He said local issues faced by farmers at regional levels and district levels will also be highlighted during the protests on Tuesday. Four farmers were killed in Tikonia area of Lakhimpur Kheri district, the native place of the Union Minister, in Uttar Pradesh on October 3 after they were allegedly mowed down by an SUV. Later, the crowd lynched four other people, including BJP workers. Over a dozen people, including the Minister’s son Ashish Mishra, have been arrested so far by a special investigation team (SIT) which is probing the case. Central Vista: SC asks Govt. to file affidavit on proposed change in land use The Supreme Court on Monday asked the Government to explain in an affidavit the necessity of a proposed change in land use from bus terminal and neighbourhood park to house the new official residences of the Vice-President and the Prime Minister as part of the ambitious Central Vista redevelopment plan. A Bench of Justices A.M. Khanwilkar and C.T. Ravikumar asked the government, represented by Solicitor General Tushar Mehta, to file a short affidavit with its response on the necessity for the modification in the plan. The hearing was based on a petition filed by Rajiv Suri, represented by advocate Shikhil Suri, who said his plea was restricted to the proposed modification of land use in plot number one. The petition has questioned the validity of a notification issued by the Ministry of Housing and Urban Affairs on October 28, 2020, notifying the change in land use by proposing modification to Zonal Development Plan of Zone ‘D’ for plot number one in the Central Vista area of Lutyens Delhi. “Recreational area is proposed to be modified to residential area... It has not demonstrated any public interest in the proposed change in land use here,” Suri contended. Mehta confirmed orally to the court that the official residences of the Vice-President and the Prime Minister were stipulated for this plot. “So, the public recreational area is not available now? Is the recreational area going to be transposed to some other area,” Justice Khanwilkar asked the top law officer. Mehta said the play area could be shifted to some other area. But he cited security reasons too. “The Parliament, etc, is coming up nearby... It may not be possible to have a recreational area there,” the Solicitor General submitted. Mehta said the government would file its affidavit shortly. He convinced the Bench to list the case for urgent hearing again on Friday (October 29). Suri argued that the proposed modification “violates right to life itself”. “The change in land use will deprive residents of Delhi and citizens of India a vast chunk of highly-treasured open and green space in the Central Vista... Right to life includes the right to enjoyment of a wholesome life,” Suri argued. In January, the Supreme Court, in a majority verdict, had given the government the go-ahead to the multi-crore Central Vista redevelopment project. The verdict had focussed on the building of a new Parliament three times bigger than the existing 93-year-old heritage building and was concerned with the modification in the use of 86.1 acres of land home to India’s power corridor. Sudan’s military takes power in coup, arrests Prime Minister Hamdok Sudan’s military seized power Monday, dissolving the transitional government hours after troops arrested the acting Prime Minister and other officials. Thousands of people flooded into the streets to protest the coup that threatens the country’s shaky progress toward democracy. The takeover comes more than two years after protesters forced the ouster of longtime autocrat Omar al-Bashir and just weeks before the military was expected to hand the leadership of the council that runs the country over to civilians. After the early morning arrests of Prime Minister Abdalla Hamdok and other officials, thousands poured into the streets of the capital, Khartoum, and its twin city of Omdurman. Footage shared online appeared to show protesters blocking streets and setting fire to tires as security forces used tear gas to disperse them. As plumes of smoke filled the air, protesters could be heard chanting, “The people are stronger, stronger” and “Retreat is not an option!” Videos on social media showed large crowds crossing bridges over the Nile to the center of the capital. At least 12 protesters were wounded in demonstrations, according to the Sudanese Doctors Committee, which did not give details. In the afternoon, the head of the military, Gen. Abdel-Fattah Burhan, announced on national TV that he was dissolving the government and the Sovereign Council, a joint military and civilian body created four months after al-Bashir’s ouster to run the country. Gen. Burhan said quarrels among political factions prompted the military to intervene. Tensions have been rising for weeks between civilian and military leaders over Sudan’s course and the pace of the transition to democracy. The general declared a state of emergency and said the military will appoint a technocratic government to lead the country to elections, set for July 2023. But he made clear the military will remain in charge. “The Armed Forces will continue completing the democratic transition until the handover of the country’s leadership to a civilian, elected government,” he said. He added that the country’s constitution would be rewritten and a legislative body would be formed with the participation of “young men and women who made this revolution.” The Information Ministry, still loyal to the dissolved government, called his speech an “announcement of a seizure of power by military coup.” Covid Watch: Numbers and Developments The number of reported coronavirus cases from India stood at 3,42,01,301 at the time of publishing this newsletter, with the death toll at 4,55,098. In Brief: Kolkata-based business tycoon Sanjiv Goenka’s RP-SG Group claimed the Lucknow franchise for a whopping ₹7,090 crore while international equity investment firm CVC Capital won the bid for Ahmedabad with a ₹5,600 crore offer as the eagerly-awaited two new IPL teams were unveiled on Monday. The BCCI was expecting a windfall in the range of ₹10,000 crore but to their surprise, earned ₹12,690 crore from the two new teams that will take part in the 2022 IPL. Actor Rajinikanth was honoured with the prestigious Dadasaheb Phalke Award today at the 67th National Film Awards ceremony, for his contribution as an actor, producer and screenwriter. Instituted in 1969, the award is the highest honour for an artiste in Indian cinema. The award was decided by a jury consisting of five members: Asha Bhonsle, director Subhash Ghai, Mohanlal, Shankar Mahadevan and actor Biswajeet Chatterjee. Evening Wrap will return tomorrow. [logo] The Evening Wrap 25 OCTOBER 2021 [The Hindu logo] Welcome to the Evening Wrap newsletter, your guide to the day’s biggest stories with concise analysis from The Hindu. [[Arrow]Open in browser]( [[Mail icon]More newsletters]( Court junks NCB’s application in Aryan Khan case A [special court on Monday junked a plea of the Narcotics Control Bureau (NCB)]( urging it to not take cognizance of an affidavit filed by an alleged witness during the drug raid carried out on a cruise on October 1, after which actor Shah Rukh Khan’s son Aryan Khan was arrested. The court said, “No blanket orders can be passed and disposed of the application filed by Sameer Wankhede, Zonal Director of NCB before the special court assigned under the Narcotics Drugs and Psychotropic Substances (NDPS) Act against the affidavit filed by Prabhakar Sail”. [Prabhakar Sail, an independent witness in the cruise drugs case, has claimed that ₹25 crore was demanded by an NCB official and other persons, including absconding witness K.P. Gosavi, to let off Aryan Khan in the case.]  The NCB sought directions that no action or cognizance be taken on Sail’s notarised affidavit. Wankhede said that the only justification seems to be the arrest of the leader’s (Cabinet Minister Nawab Malik’s) son–in-law in an NDPS case and his subsequent release on bail. On October 24, Sail, in statement to the media, alleged that ₹25 crore was demanded by an NCB official, including absconding witness K.P. Gosavi, to let Khan go in the case. He told the media that he overheard Gosavi telling one Sam D’Souza over the phone, after Khan was brought to the NCB office following the October 2 raid, about a demand of ₹25 crore and to settle at ₹18 crore as they have to give ₹ 8 crore to Wankhede. Salil had said he would soon release evidence to support his claim. On October 24, Wankhede wrote to Mumbai Police Commissioner Hemant Nagrale, seeking protection from likely legal action being planned against him by unknown persons to falsely frame him concerning an alleged vigilance-related issue. [underlineimg] Plea against Ramdev by doctors’ association can’t be thrown out: Delhi HC The Delhi High Court Monday said that prima facie, a suit filed by several doctors’ associations against Yoga guru Ramdev for allegedly spreading misinformation against allopathy amid the COVID-19 pandemic deserves consideration and cannot be “thrown out” at the first stage. Justice C. Hari Shankar said at the present stage, he only needs “to see if allegations in the complaint make out a case to be entertained”. “The allegations may be right or maybe wrong. He may say he did not say any such thing... It needs to be looked into,” said the judge. “Prime facie, it appears that the present suit can’t be thrown out at the threshold without granting leave to institute the suit,” said the High Court, which had earlier sought Ramdev’s stand on the institution of the proceeding. Delhi High Court listed the matter on October 27 to enable the counsel for Ramdev to make his submissions. Three Resident Doctors’ Associations of the All India Institute of Medical Sciences at Rishikesh, Patna and Bhubaneshwar as well as Association of Resident Doctors, Post Graduate Institute of Medical Education & Research, Chandigarh; Union of Resident Doctors of Punjab (URDP); Resident Doctors' Association, Lala Lajpat Rai Memorial Medical College, Meerut, and Telangana Junior Doctors' Association, Hyderabad had moved the High Court earlier this year. They alleged that Ramdev was misleading and misrepresenting to the public at large that allopathy was responsible for the deaths of several people infected by COVID-19, and insinuating that allopathic doctors were causing the deaths of the patients. Senior counsel Akhil Sibal, representing the associations, said that amid a pandemic, the Yog Gugu made unsubstantiated claims on Coronil being a cure for COVID-19, contrary to the licence granted to the drug for merely being an “Immuno-booster”. The senior counsel claimed that Ramdev’s statements were not “bonafide opinions” but were made for marketing and commercial use. “This is a person with no degree. He is dispensing medical opinion in a regulated field, endangering life amid a pandemic. People are gullible. He is a repeat offender. He claimed Yoga can cure AIDS and cancer. You can’t just say things and dupe people. The commercial speech comes with some responsibility,” he said. “Everyone has a right to commercial gain. Profit is not really a ground. You have to make out a case for public nuisance. Making a profit is not a public nuisance,” the court observed during the hearing. In their plea filed through advocate Harshavardhan Kotla, the associations had submitted that the yoga guru, who is a highly influential person, was sowing doubts in the minds of the general public concerning the safety and efficacy of not only allopathic treatments but also COVID-19 vaccines. The plea alleged that the misinformation campaign was nothing but an advertisement and marketing strategy to further the sales of the product sold by Ramdev, including Coronil which claims to be an alternative treatment for COVID-19. The other defendants in the plea include Acharya Balkrishna and Patanjali Ayurveda. [underlineimg] Lakhimpur Kheri: Farmers protest on Tuesday to demand sacking of MoS Home Ajay Mishra Farmers protesting against the central farm laws will hold a countrywide protest on Tuesday to demand the sacking of Union Minister Ajay Mishra ‘Teni’, whose son is an [accused in the Lakhimpur Kheri violence]( which eight people, including farmers, were killed. The call for the protest has been made by the Samyukta Kisan Morcha (SKM), a farmer unions’ collective leading the anti-farm laws stir since November 2020 at Delhi’s borders, the Bhartiya Kisan Union (BKU), which is part of the movement, said. “Demonstrations would be held at administrative headquarters in every district of the country. A memorandum will be submitted to the government with a demand that the Union Minister of State for Home Affairs Ajay Mishra be removed from his post,” BKU media in-charge Dharmendra Malik told PTI. “The pan-India protest will be supported by all farmer groups associated with the movement against the contentious farm laws. Through the memorandum, we will also appeal once again that these laws be rolled back,” Malik said. He said local issues faced by farmers at regional levels and district levels will also be highlighted during the protests on Tuesday. Four farmers were killed in Tikonia area of Lakhimpur Kheri district, the native place of the Union Minister, in Uttar Pradesh on October 3 after they were allegedly mowed down by an SUV. Later, the crowd lynched four other people, including BJP workers. Over a dozen people, including the Minister’s son Ashish Mishra, have been arrested so far by a special investigation team (SIT) which is probing the case. [underlineimg] Central Vista: SC asks Govt. to file affidavit on proposed change in land use The [Supreme Court on Monday asked the Government to explain in an affidavit]( the necessity of a proposed change in land use from bus terminal and neighbourhood park to house the new official residences of the Vice-President and the Prime Minister as part of the ambitious Central Vista redevelopment plan. [In January, the Supreme Court, in a majority verdict, had given the government the go-ahead to the multi-crore Central Vista redevelopment project. File.]  A Bench of Justices A.M. Khanwilkar and C.T. Ravikumar asked the government, represented by Solicitor General Tushar Mehta, to file a short affidavit with its response on the necessity for the modification in the plan. The hearing was based on a petition filed by Rajiv Suri, represented by advocate Shikhil Suri, who said his plea was restricted to the proposed modification of land use in plot number one. The petition has questioned the validity of a notification issued by the Ministry of Housing and Urban Affairs on October 28, 2020, notifying the change in land use by proposing modification to Zonal Development Plan of Zone ‘D’ for plot number one in the Central Vista area of Lutyens Delhi. “Recreational area is proposed to be modified to residential area... It has not demonstrated any public interest in the proposed change in land use here,” Suri contended. Mehta confirmed orally to the court that the official residences of the Vice-President and the Prime Minister were stipulated for this plot. “So, the public recreational area is not available now? Is the recreational area going to be transposed to some other area,” Justice Khanwilkar asked the top law officer. Mehta said the play area could be shifted to some other area. But he cited security reasons too. “The Parliament, etc, is coming up nearby... It may not be possible to have a recreational area there,” the Solicitor General submitted. Mehta said the government would file its affidavit shortly. He convinced the Bench to list the case for urgent hearing again on Friday (October 29). Suri argued that the proposed modification “violates right to life itself”. “The change in land use will deprive residents of Delhi and citizens of India a vast chunk of highly-treasured open and green space in the Central Vista... Right to life includes the right to enjoyment of a wholesome life,” Suri argued. In January, the Supreme Court, in a majority verdict, had given the government the go-ahead to the multi-crore Central Vista redevelopment project. The verdict had focussed on the building of a new Parliament three times bigger than the existing 93-year-old heritage building and was concerned with the modification in the use of 86.1 acres of land home to India’s power corridor. [underlineimg] Sudan’s military takes power in coup, arrests Prime Minister Hamdok [Sudan’s military seized power Monday, dissolving the transitional government hours after troops]( arrested the acting Prime Minister and other officials. Thousands of people flooded into the streets to protest the coup that threatens the country’s shaky progress toward democracy. The takeover comes more than two years after protesters forced the ouster of longtime autocrat Omar al-Bashir and just weeks before the military was expected to hand the leadership of the council that runs the country over to civilians. After the early morning arrests of Prime Minister Abdalla Hamdok and other officials, thousands poured into the streets of the capital, Khartoum, and its twin city of Omdurman. Footage shared online appeared to show protesters blocking streets and setting fire to tires as security forces used tear gas to disperse them. As plumes of smoke filled the air, protesters could be heard chanting, “The people are stronger, stronger” and “Retreat is not an option!” Videos on social media showed large crowds crossing bridges over the Nile to the center of the capital. At least 12 protesters were wounded in demonstrations, according to the Sudanese Doctors Committee, which did not give details. In the afternoon, the head of the military, Gen. Abdel-Fattah Burhan, announced on national TV that he was dissolving the government and the Sovereign Council, a joint military and civilian body created four months after al-Bashir’s ouster to run the country. Gen. Burhan said quarrels among political factions prompted the military to intervene. Tensions have been rising for weeks between civilian and military leaders over Sudan’s course and the pace of the transition to democracy. The general declared a state of emergency and said the military will appoint a technocratic government to lead the country to elections, set for July 2023. But he made clear the military will remain in charge. “The Armed Forces will continue completing the democratic transition until the handover of the country’s leadership to a civilian, elected government,” he said. He added that the country’s constitution would be rewritten and a legislative body would be formed with the participation of “young men and women who made this revolution.” The Information Ministry, still loyal to the dissolved government, called his speech an “announcement of a seizure of power by military coup.” [underlineimg] Covid Watch: Numbers and Developments The [number of reported coronavirus cases from India]( stood at 3,42,01,301 at the time of publishing this newsletter, with the death toll at 4,55,098. [underlineimg] In Brief: Kolkata-based business tycoon Sanjiv Goenka’s RP-SG Group claimed the Lucknow franchise for a whopping ₹7,090 crore while international equity investment firm CVC Capital won the bid for Ahmedabad with a ₹5,600 crore offer as the eagerly-awaited two new IPL teams were unveiled on Monday. The BCCI was expecting a windfall in the range of ₹10,000 crore but to their surprise, earned ₹12,690 crore from the two new teams that will take part in the 2022 IPL. Actor Rajinikanth was honoured with the prestigious Dadasaheb Phalke Award today at the 67th National Film Awards ceremony, for his contribution as an actor, producer and screenwriter. Instituted in 1969, the award is the highest honour for an artiste in Indian cinema. The award was decided by a jury consisting of five members: Asha Bhonsle, director Subhash Ghai, Mohanlal, Shankar Mahadevan and actor Biswajeet Chatterjee. 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