Delhi excise policy case accused alleges "third degree" torture, HC seeks ED's stand on his arrest
New Delhi (PTI): The Delhi High Court has sought the ED's stand on a petition by Hyderabad businessman Arun Ramchandra Pillai challenging his arrest and remand in a money laundering case related to the alleged Delhi excise policy scam wherein he has claimed "third degree" methods were applied to obtain information.
"Third degree" refers to brutality by police officers interrogating an accused.
Justice Swarana Kanta Sharma on Friday asked the probe agency to file a response with respect to the maintainability of the plea.
Advocate Nitesh Rana, appearing for the petitioner, argued that the March 6 arrest order of the Enforcement Directorate (ED) and the subsequent remand orders passed by the trial court sending him to the agency's custody and then to judicial custody were in violation of the provisions of the Prevention of Money Laundering Act (PMLA).
In his plea, the petitioner submitted that no grounds for arrest, either oral or written, were ever provided to him, as required under Section 19(1) of the PMLA, and that this also violates his constitutional rights.
It is further contended that the remand orders did not record any satisfaction of whether the ED had materials on record to form "reasons to believe" that the petitioner is guilty of an offence under the PMLA.
"The Directorate of Enforcement, in a vindictive manner and solely as a witch-hunting exercise, has employed coercive tactics to obtain information and used third degree measures on the petitioner/applicant herein as well as the other accused," the petition said.
The ED "was enabled to act in such illegal manner by the Impugned Arrest Order as well as the Impugned Remand Orders, which in itself is a ground to quash the said Impugned Arrest Order and the Impugned Remand Orders", it stated.
The ED's counsel contended that the petition was not maintainable.
The court has listed the matter for further hearing on November 3 when the petitioner's bail plea is also scheduled for consideration.
Earlier this month, the petitioner had sought bail in the case, saying there was not an iota of evidence to keep him in jail.
On June 8, a trial court here had dismissed Pillai's plea for bail, saying his role was more serious than of some other accused who are still in jail, and that prima facie ED's case was genuine.
Pillai was not only a participant in the "conspiracy" but prima facie, he was also found to have been connected with different activities related to the proceeds, including its concealment, possession, acquisition or use and projecting it as untainted property, the trial court had said.
The ED has claimed in its charge sheet filed in the case that Pillai was a close associate of BRS MLC K Kavitha. The ED's money laundering case stems from a Central Bureau of Investigation (CBI) FIR.
According to the CBI and the ED, irregularities were committed while modifying the Delhi Excise Policy 2021-22 (now-scrapped) and undue favours were extended to licence holders.
The Delhi government had implemented the excise policy on November 17, 2021, but scrapped it at the end of September 2022 amid allegations of corruption.
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Karnataka govt directs municipal corps to regulate, prohibit pigeon feeding
Bengaluru (PTI): The Karnataka government has issued directions to municipal corporations across the state to regulate and prohibit feeding pigeons in public places, citing serious public health concerns.
Deputy Secretary to Government V Lakshmikanth has written to the Urban Development Department requesting it to issue directions to the Greater Bengaluru Authority (GBA) and all municipal corporations to take immediate steps to implement the measures.
In an official note dated December 16 issued by the Health and Family Welfare Department and released to the media on Wednesday, the department said uncontrolled feeding of pigeons in public places has resulted in large congregations of birds, excessive droppings and serious health concerns, particularly respiratory illnesses linked to prolonged exposure to pigeon droppings and feathers such as hypersensitivity pneumonitis and other lung diseases.
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"The commissioner, the Greater Bengaluru Authority and the Commissioners and chief officers of other municipal corporations shall take necessary action to mitigate the causes of dangerous disease spread by pigeon and enforce specified guidelines in their respective jurisdiction," the note said.
According to the department, these include a prohibition on feeding pigeons or causing pigeons to be fed in areas where it may cause nuisance or pose a health hazard to the public. Pigeon feeding shall be permitted only in designated areas in a controlled manner, subject to certain conditions.
"The designated areas may be selected in consultation with stakeholders. The responsibility for upkeep of the designated areas and compliance to the directions shall be taken up by some charitable organisation or an NGO. The feeding in designated areas shall be permitted only for some limited hours in the day," it said.
The note further stated that authorised officers of local authorities shall issue on-the-spot warnings and may impose fines for violation of the order, or lodge complaints to prosecute offenders under Sections 271 (Negligent act likely to spread infection of disease dangerous to life) and 272 (Malignant act likely to spread infection of disease dangerous to life) of the Bharatiya Nyaya Sanhita.
It also directed local authorities to conduct public awareness campaigns, including the display of signboards, banners and digital messages, explaining the health hazards associated with pigeon droppings and feathers, the content of the regulatory directions and penalties for violations, and alternative humane methods of bird conservation that do not endanger public health.
