Top Legal News Headlines - 9th Feb 2021

Elgar Parishad: Navlakha denied bail news

• Gautam Navlakha is a civil liberties, democratic, and human rights activist; and a journalist. The Bombay High Court on Monday rejected his bail application which he was accused in the Elgar Parishad case.
• Through his lawyers Kapil Sibal and Yug Chaudhry, it was submitted that Navlakha was placed under house arrest, following an order of the court, therefore it would be termed as judicial custody. The order had restricted his movement, making his plea for release, under Section 167 (2) of the Cr.P.C, valid.
• This case was subsequently handed over to the NIA (National Investigating Agency). Navlakha's arrest and subsequent house arrest in August, 2018, was declared illegal by the Delhi High Court. Navlakha subsequently approached the Sessions Court, followed by the High Court and Supreme Court for anticipatory bail. The Supreme Court, on March 16, 2020 rejected his bail application and on April 14, he surrender.

Bombay HC dismisses plea on lawyer's fees paid by BMC in KanganaRanaut bungalow demolition case

• On Monday, The Bombay High Court, dismissed a plea by activist Sharad Yadav challenging the appointment and fee paid to Senior Advocate AspiChinoy for representing the Brihanmumbai Municipal Corporation (BMC) in actor KanganaRanaut's case.
• Yadav challenged the BMC's decision to appoint Chinoy and pay him such a hefty fee of Rs 82.5 lakhs since the BMC was not granted relief in the case.
• Justice Shindey, of the bench stated that "We dont understand why such petitions are filed and the intentions behind it."
• Yadav's contention was that that BMC lost the case and therefore Chinoy should return the fee.
• The court sought to know how the counsel appearing can be faulted for the case's outcome.
• The court rejected the petition.

US: Crowdfunded ad on farmers' protest gets ‘Superbowl Sunday' spot

• In the US, members of the Sikh community in California aired a crowdfunded commercial to highlight the farmers' protest in India during the Super bowl Sunday.
• It was initialized by Indian-American banker Raj Sodhi-Layne and her friends put together the 30-second ad which was aired on CBS in Fresno County, before the championship game of the NFL.
• The said video was widely shared after its telecast as well as, liked by Indian-Canadian musician Jazzy B, whose post has since amassed 7,000 retweets and 24k ‘likes' so far. The commercial opens with a quote from Martin Luther King Jr 'injustice anywhere is a threat to justice everywhere”. It then features footage from the protest and tweets by celebrities like pop icon Rihanna and ends with a message from Mayor of Fresno, Jerry Dyer.
• When questioned why she did this commercial Raj said 'When I look at the faces of the old men and women, they represent my grandparents. My grandparents on both sides were farmers and my grandfather's land is still there in Punjab”.

PM says reforms here to stay can fix loose ends MSP was, is will be,

• Calling the adjustments inevitable, Modi stated, 'If not today, then tomorrow whosoever is here, they will have to do them. Today I have done it. Gaaliyan mere khaatemeinjaane do (Let me bear the abuses). But join me in this good effort. Bura ho mere khaatemein, achcha ho aapkekhaatemein (Let me face the brunt of the anger, let the blessings go to you). But let's march together.”
• The PM stated the federal government has been repeatedly speaking to the farmers… 'and there has been no tension so far”. 'The process of understanding each other's position is on… We have been requesting those who are agitating… yes it is your right to protest, but the way elders are sitting there, it is not good. You send them back, call off the agitation and together we can sit and talk to find a way out. Raastakhulehain (Our doors are open)… I repeat this message from the forum of Parliament.”
• 'I assure that we will modernise the markets more and make them more competitive. And not just that, MSP was there, MSP is there, MSP will remain. And the rations which are given to over 80 crore people at lower rates, those will also continue. So don't create confusion,” he stated.

Mundra custodial death second man cremated

• The second man allegedly tortured to death by Mundra police in Kutch district was cremated in his village after the police assured the family of protecting witnesses in the case and land claimed by the victim's family, even as a bandh was observed in Mundra taluka of Kutch on Monday.
• His family initially refused to claim his body, demanding action against the accused policemen and others but changed their stance after assurances from officers of Kutch (west) police.
• Based on a complaint filed by Devraj Gadhvi, a distant cousin of Arjan, police booked headconstablesShaktisinh Gohil, Ashok Kannad and JaydevsinhJhala attached to Mundra police station for murder, custodial torture and illegal confinement.
• The investigation officer says that they are also looking for two constables of Mundra police—Kapil Desai and GafurjiThakor, and Jayvirsinh Jadeja, former sarpanch of Samaghogha village, for allegedly torturing the victims at the Mundra police station. They are still on the run, while the inspector and the home guard are in judicial custody.

INTERNATIONAL NEWS SUMMARIES

Netanyahu pleads not guilty to graft as trial resumes

• Israel's Prime Minister Benjamin Netanyahu denied corruption charges against him in a brief court appearance yesterday, as his graft trial resumed weeks before a fourth national election inside two years.
• He was formally charged last year over allegations that he accepted improper gifts and sought to trade regulatory favor with media moguls in exchange for positive coverage.
• He had been compelled to appear to deliver an in-person response to the charges, after last month formally submitting his innocent plea in writing.
• He had been compelled to appear to deliver an in-person response to the charges, after last month formally submitting his innocent plea in writing.
• The hearing continued in his absence for several hours, with Netanyahu's lawyers Boaz Ben Zur and Amit Hadad accusing Israel's Attorney General AvichaiMandelblit a Netanyahu appointee of mishandling the case.

Trump lawyers: impeachment trial an act of political theatre

• Lawyers for Donald Trump on Monday blasted the impeachment case against him as an act of 'political theatre” and accused House Democrats on the eve of the former president's trial of exploiting the chaos of last month's Capitol riot.
• Trump lawyers are preparing to challenge both the constitutionality of the trial and any suggestion that he was to blame for the insurrection.
• Trump lawyers, suggest that Trump was simply exercising his first amendment rights when he disputed the election results and argue that he explicitly encouraged his supporters to have a peaceful protest and therefore cannot be responsible for the actions of the rioters. They also say the Senate is not entitled to try Trump now that he has left office.