Court discharges AAP legislator in 2015 election campaign case
New Delhi, May 10: A Delhi court has discharged Aam Aadmi Party (AAP) legislator Naresh Balyan in a 2015 case related to the violation of the model code of conduct during the campaigning for the assembly election.
Balyan was booked as he organised a meeting that began earlier than its scheduled time as AAP convenor Arvind Kejriwal had arrived early.
Additional Chief Metropolitan Magistrate Samar Vishal, in the order delivered on Thursday, discharged Uttam Nagar Member of Legislative Assembly (MLA) Balyan from the case filed under Section 188 (disobedience to order duly promulgated by public servant) of the Indian Penal Code (IPC).
The Delhi Police had registered a First Information Report (FIR) on January 18, 2015 on a complaint of a member of the flying squad supervising the elections who alleged that the meeting started before the scheduled time of 3 p.m.
However, police did not attach or file any corresponding complaint of the public servant in its chargesheet.
Police said the meeting was to be attended by Arvind Kejriwal and as he came earlier than the scheduled time, the meeting began early. Since the organiser of the meeting was Naresh Balyan, he was made accused in the case.
The defence counsel pointed out that the chargesheet had been filed under Section 188 of the IPC but there was no corresponding complaint of the public servant whose order was allegedly violated.
"Without that complaint, the court is not even empowered to take cognizance of the offence, what to talk of trial of the accused," the court said.
"It seems that police has casually filed this chargesheet without observing the legal principles and without complying with the legal requirement. The offence alleged is violation of an order of a public servant but no such order is placed on record along with the chargesheet."
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US President Biden assures peaceful transfer of power in January
Washington, Nov 7: Outgoing US President Joe Biden on Thursday vowed to ensure a peaceful and orderly transfer of power to President-elect Donald Trump in January and appealed to the people to accept the election results for the White House.
Biden made the comments during an address to the nation a day after Trump, 78, was re-elected as the 47th president of the US after defeating Vice President Kamala Harris, the Democratic Party's nominee.
Biden said he spoke with Trump and also with Vice President Harris, who he said ran an inspiring campaign.
Trump, who had lost the 2020 elections to President Biden, won this time both in terms of popular votes and electoral college votes.
“Yesterday, I spoke with President-elect Trump to congratulate him on his victory. I assured him that I would direct my entire administration to work with his team to ensure a peaceful and orderly transition," Biden said in his address from the Rose Garden of the White House.
"That's what the American people deserve,” he added.
"For over 200 years, America has carried on the greatest experiment in self-government in the history of the world," he said, adding that the people vote and choose their leaders and do it peacefully.
"In a democracy, the will of the people always prevails," said Biden in his address attended by members of his Cabinet and senior administration officials.
Biden said he hoped the election could also lay to rest the question about the integrity of the American electoral system.
“It is honest, it is fair, and it is transparent. It can be trusted, win or lose. I also hope we can restore the respect for all our election workers who busted their necks and took risks at the outset,” he said.
“As they did their duty as citizens, I will do my duty as president. I'll fulfill my oath and I will honour the Constitution. On January 20th, we'll have a peaceful transfer of power here in America,” Biden said.
Rebutting criticism of his economic policy, Biden said his administration is leaving behind the strongest economy in the world.
Biden said he also spoke with Vice President Harris.
"She's been a partner and a public servant. She ran an inspiring campaign, and everyone got to see something that I learned early on to respect so much: her character... She has great character, true character,” he said.
Biden added that Harris -- who took after Biden withdrew in July-- gave her "whole heart and effort" to her presidential campaign.
"I know for some people, it's a time for victory, to state the obvious. For others, it's a time of loss," he said.
Adding that campaigns are contests of competing visions and the country chooses one or the other, Biden said, "We accept the choice the country made."
"You can't love your country only when you win. You can't love your neighbour only when you agree,” Biden said.
His remarks are seen as an attempt to heal a country that appeared divided into two groups after the results of the bitterly contested presidential election were out.
"I know people are still hurting, but things are changing rapidly. Together, we've changed America for the better. Now we have 74 days to finish our term. Let's make every day count. That's the responsibility we have to the American people,” he said.
Noting that setbacks are unavoidable, he said that giving up is "unforgivable".
"We all get knocked down. But the measure of our character, as my dad would say, is how quickly we get back up. Remember, a defeat does not mean we are defeated. We lost this battle. The America of your dreams is calling for you to get back up,” he said.
“That's the story of America for over 240 years and counting. It's a story for all of us, not just some of us," he said, adding that the American experiment endures.
"We're going to be okay, but we need to stay engaged. We need to keep going. Above all, we need to keep the faith,” Biden said.
