Tag: Law & Order

  • AS I SEE IT -“Our Nation Is like None Other; President Trump Is like None Other; Our Election Was like None Other; and 2020 Civil War Continues, As China Grabs Lands and Assets.”

    AS I SEE IT -“Our Nation Is like None Other; President Trump Is like None Other; Our Election Was like None Other; and 2020 Civil War Continues, As China Grabs Lands and Assets.”

    By Ravi Batra

    The Presidential Election on November 3, 2020 between Donald Trump and Joe Biden, in a perverse way, was somewhat akin to 9/11 – albeit, the conflict was internal – as our Republic was convulsing, our divisions deep

    and open, and the very fabric of our nation laid bare and in conflict. Despite being the

    preeminent nation of laws in human history, Law & Order was unwelcome to too many of our neighbors and fellow Americans. And a nation that was inhabited by those who abandoned a society encrusted with landed gentry for one that defined “fate” and “destiny” on the wings of “merit” alone – and called it the American Dream – was now seriously flirting with Communism’s more appealing sibling, Socialism – where all get what they need and want, by just taking it from those who got ahead. Sweet and Godly “compassion,” however, is not Socialism. Thrown in the dustbin created by hubris, these new American Leaders, like the Evil Queen in “Snow White” asking the “mirror,” “who is the fairest of them all,” these new Leaders – elected or community loud mouths – fancy themselves “perfect,” and issue mandates for removal of Monuments – even of George Washington; my favorite, Thomas Jefferson; the scoundrel, Alexander Hamilton; and even Abraham Lincoln, the Great Emancipator. And then there are folks who have no chance like General Robert E. Lee, who honorably accepted defeat in our great Civil War, or John Newtown, a slave-trader, who found God, became a Preacher, authored “Amazing Grace,” and helped cause slavery to be outlawed in Great Britain. Amazing Grace today defines hope itself. You need not be a devout Christian to know that Judas, who in a singular act of betrayal, gave up Jesus to the Romans and caused Him to be crucified, and, later became the well-loved “Saint Jude” – the Saint, who helps you find things you lost. Indeed, we are lost – in materiality, ego and self, which Mother Nature, heated up by global warming, is ready to eradicate humanity to save the planet – which many leaders fight about what started the fire, when every firefighter knows first “put out the fire,” then look for arsonists.   I know that hubris comes easily to the ignorant or the wicked. For our cherished Republic, a gift from Founders like Ben Franklin, either do harm; both together, are an existential threat – which about eighty (80) million Biden Voters and seventy-four (74) million Trump Voters have tasted together.  It is now the American Spring, in full blossom – in ways similar to the Arab Spring, and yet, in answer to it.

    President Donald J. Trump at a MAGA Rally

    The Great Disrupter – has achieved much good, from Criminal Justice Reform to kick-starting Middle East Peace to Warp Speed Vaccine for a battle-weary population, and our fiscal house anemic and bleeding jobs and souls. But his cadre of disruption-amplifiers, from Steve Bannon, Steve Miller, and our own Rudy Giuliani, are headed for positions – personal and policy – that are  more distant from “honor” and “truth,” but closer to the always sought-after “loyalty,” which weaves a path to the ever-attractive “consolidated power” – the very concept, and a goal – our cherished and honorable Founders deemed un-American, as it devalues American Exceptionalism – built, as it is, on the genius of purposefully separating “power,” by constitutional design, at every turn, and then again for benefits of redundancy – so as to deny “tyranny” a residence in these united States of America (“united,” being the humble lower case, yet more powerful, as an “adjective” always is over the proud and useless “noun.” Our original name was lower-case; our current, a noun).

    To not concede the election, and to even block the Biden Transition from full access to government resources, as federal law mandates, is pure Trumpian joy to his base. By that simple statement, we have upon us a new Civil War, where slavery is not the bone of contention – for there can be no proponents of that economic model, even as slavery was not originally racist, but an aftermath of victory in war: pillage & plunder. As slaves could be of the same race. It is later, about 500 years ago that slave-trading, like Blood Diamonds, became an evil enterprise in, and with, Africa. Indeed, the bronze door knocker to my office in Manhattan is of William Wilberforce – the enlightened soul who successfully campaigned to abolish the African Slave Trade in England, supported as he was, by John Newton. Sadly, not a single person has recognized that Great Abolitionist door-knocker in my office..

    This 2020 Civil War – is about Law & Order, and keeping the American Dream. They say, “[p]olitics makes strange bedfellows.”  Well, no one can truly argue that Joe Biden is against Law & Order, or isn’t a great supporter of the American Dream, even as New York State Attorney General Tish James and New York County District Attorney Cy Vance Jr. appear to not only argue, but are in court dealing with President Trump, for his actions as a civilian. Of course, POTUS’ Attorney General Bill Barr has until 11:59a.m. January 20, 2021 to do likewise to President Barack Obama and inter alia, then-Vice President Joe Biden, for their official acts, etc. We are in a Twilight Zone, in more ways that desirable.

    President-elect Joe Biden at a campaign rally

    There is no doubt that Joe Biden will be sworn in on January 20, 2021, and Kamala Harris, as an African-American woman (and situationally, also Indian-American) as our President and Vice President, respectively. The world leadership has collectively let go and breathe deeply – independent of Eric garner and George Floyd who made that act famous, as each came loaded with baggage – as normalcy, defined by centuries of wisdom embedded in protocols, will re-emerge, an state secrets will again separate policy errors from policymakers, and leave public “respect,” at maximum strength as a calibrated tool, all the way to public “insult,” leaving “private insult” to be candidly used, with the percussion effect of a table smacked in anger for emphasis. But, I write to issue a “Surgeon General’s Warning” to the body politic here at home, and across the world: Donald J. Trump may have come down the escalator almost alone on June 15, 2015 to throw his hat in the ring to be POTUS 45, but on January 20, 2021 he takes with him almost 75 million Trump Voters, and 88.9 million Twitter followers. Poetically, I note that Trump-the-POTUS has 32.8 million Twitter followers. All prior Presidents over last 50 years or more, have largely remained silent and kept quiet after leaving the White House, and declining, in the main, to opine on their successor.

    “Normalcy,” at Least Political and Geopolitical, Is Now Consigned to History.

    Well I hate to say this, but President-Elect Joe Biden and leaders across the world, buckle up!

    As Donald J. Trump, to the great delight of his large and effusive base, will not go quietly into the night and instead, will opine even more freely on matters big and small, public and private. Republicans, let alone Mitch McConnell and Kevin McCarthy, also are not free to go back to “normalcy,” as Trump “owns” the Republican party’s base.

    We are now blessed with an activated citizenry, which makes governance more transparent, and responsive. That, used to be good. It still will be, not because we, as Americans are better than other human beings, but because we live in a nation that our Founders created with an architectural design that exceeds the Pyramids, Parthenon, Colosseum, Great Wall of China, and the Taj Mahal. America is designed to harness competing and ambition-driven energy for self-gain, and turn it into enhancing the public good. Pure alchemy.

    Politicians who wish to be shepherds of quiet and distracted sheep, as before, will have to be on top of their game, to figure out where the public wants to go, and then get there first, so as to lead. Perhaps, Lincoln’s Gettysburg recipe, Government of, by and for the people, will finally pay dividends to the most elusive of that trilogy: “for the people.”

    The lab of global suffering -The Wuhan Lab

    The great battle upon us is: Can Americans be safe without the Police, and can the merit-based American Dream co-exist with Socialism? And, in addition, another battle rages: Social Media, be it Big Tech or individual users, will they destroy representative democracy, as they did the media, and render it into merely Mob Rule, aka direct democracy – the one that killed the great Socrates in Athens for being a “nag” and asking the question, “why.” And, then, there is yet another battle that will render the above two irrelevant: the Chinese Communist Party (CCP) Chairman Mao, a mastermind and globally under-estimated, created a 100 year plan, that included their “Golan Heights” (well before Golda Meir, born in Kyiv, seized it in 1973, and Bibi Netanyahu recently renamed, Trump Heights), with the secret 1949 Karachi Agreement land acquisition, the size of which would leave one breathless; followed up, by swallowing Tibet in 1958, etc.; and reviving Chinese’s Ming Dynasty’s Tribute System – as opposed to Western Nations’ Feudalism – is Commercial favoritism and tributes paid to China, the superior nation. Their OBOR, BRI, and inter alia, AIIB, has weaponized money-giving into land-grabbing in exchange for non-payment of debt – converting unpaid loans to seizure of land and assets that a traditional war could not achieve for China. Having weaponized debt, they weaponized reefs, as in Mischief Reef, and since late last year, they weaponized Viruses by lab-engineering them to bypass human auto-immune system with a “master key,’ the spike glycoprotein, a Trojan Horse, and gave it a deceptively harmless name of coronavirus or Covid-19, and used it to start an undeclared war against us, and the rest of the world.

    Unleashing this Virus is a crime against humanity. It’s like a Bond movie, where they are playing for the world. Well, sadly and infuriatingly, 250,000 Americans have died, and more will in CCP’s Undeclared War on all of us. And yet, we do nothing, other than try to find a vaccine and accuse each other of not fighting the virus correctly. Leaving China unpunished and worse, un-stopped. I tried, and failed, to get Trump as president to cancel China’s debt here, as well as globally, just to offset, in part, the damage and injury China caused. War reparations can only occur – if we are willing to stand up – or will we profit our way into slavery, Ming Style?

    The recent election was a fraud on the Voters. They were told we are fighting “an invisible enemy” (or “we were not fighting the Virus correctly”) No we are not. The virus is invisible; the enemy isn’t. Indeed, look at any map – from 1949 – and all of us can all find it. Show me a current map issued by China, aside from its breathless growth, partially, illegally, it is hard to miss.Hat tip to Marcus Aurelius: Neville Chamberlain Was an Honorable and Reasonable Man.

    Finally, Neville Chamberlain was the epitome of normal leadership, and saw in Hitler, our own mistakes that created the disastrous Weimar Republic and gave birth to the Third Reich. He dealt with him, in a calibrated way. He lost. Churchill begged FDR to get involved, joined up with Stalin, no angel, and faced Hitler down. Chairman Mao, and his hand-picked successors, an unbroken line of the faithful High Priests of Maoism, with President Xi Jinping being an exceptional leader worthy of not only rejuvenating the Ming Tribute system, but a reincarnation of Chairman Mao in a Brooks Brothers Business Suit.

    POTUS Must Do More.

    President Trump – will you ignore the Trademarks given to you and the lovely Ivanka – and use your remaining days as America’s fiduciary and defend us – as FDR did after Pearl harbor – when we have now suffered more deaths than 100 Pearl Harbors?

    Wolf Warriors Stay at Home and Safe, While Virus Kills Relentlessly.

    President-Elect Joe Biden – will you stand up and defend us from the Wolf Warriors that stay comfortably at home, as their Virus does its damage unrelentingly, including, Denmark’s recent discovery of a mutant strain, Cluster 5, which the WHO says is drug resistant. That means the current vaccines – Pfizer’s and Moderna’s 95% effective –  are not effective against it.

    We are on the precipice of an Armageddon, death-by-virus and starvation-by-lockdown, while China seizes property and assets in exchange of “debt” for  “equity.” Exactly what we didn’t teach the Russians after the Berlin Wall came down, which our CPAs and Attorneys know so well to keep the capital markets robust for capitalism to work, China created a different system, just as they are creating at every level, including, making our use of sanction-capacity as a punishment irrelevant. Just ask Russia, Iran and China how they do business, and settle the business accounts outside of “SWIFT”.

    n God We Trust

    Time to heal – may be premature – unless, President Biden can assure 74 million Trumpers that Law & Order is necessary for Public Safety, which is even more important than Public Health, and that the American Dream – meritocracy – is what our cherished separated-powers regime aimed to achieve in perpetuity. And, then, and only them, will E Pluribus Unum be a fact, instead of a slogan.

    (The author is an eminent  attorney based in New York. He can be reached at   ravi@ravibatralaw.com            Twitter @RaviBatra)

  • Supreme Court of India legalizes homosexuality; Says Section 377 is irrational, arbitrary

    Supreme Court of India legalizes homosexuality; Says Section 377 is irrational, arbitrary

    UN lauds SC verdict

    NEW DELHI(TIP): In a historic verdict, the Supreme Court, on Thursday, September 6, de-criminalized homosexual acts between consenting adults in private, bringing cheers to millions of members of the LGBT community who had been hounded for their sexual orientation under Section 377 of the Indian Penal Code that made it a punishable offence.

    A five-judge Constitution Bench, headed by Chief Justice of India Dipak Misra, read down the British-era law, terming it “irrational, indefensible and manifestly arbitrary”.

    It reversed the top court’s 2013 judgment which re-criminalized consensual gay sex. The 2013 verdict had overturned a 2009 judgment of the Delhi High Court which had de-criminalized homosexual acts between consenting adults in private.

    The verdict will not reopen concluded cases under Section 377 but can be relied upon in pending matters against the LGBT community members.

    The five judges wrote four concurring verdicts. While CJI Misra and Justice AM Khanwilkar delivered one verdict, Justices Rohinton Nariman, Dhananjay Chandrachud and Indu Malhotra wrote separate verdicts.

    The top court said homosexuality was a type of sexual orientation and not a disease and members of the lesbian, gay, bisexual and transgender (LGBT) community deserved to be treated with human dignity. Terming sexual orientation a “biological phenomenon”, it said any discrimination on this ground was violative of their fundamental rights.

    Section 377 refers to ‘unnatural offences’ and says whoever voluntarily has carnal inter-course against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years and shall also be liable to pay a fine.

    The judgment came on petitions by dancer Navtej Jauhar, journalist Sunil Mehra, chef Ritu Dalmia, hoteliers Aman Nath and Keshav Suri, business executive Ayesha Kapur and 20 IITians challenging the validity of Section 377.

    “Section 377, so far as it penalizes any consensual sexual relationship between two adults, be it homosexuals (man and a man), heterosexuals (man and a woman) or lesbians (woman and a woman), cannot be regarded as constitutional.

    “However, if anyone, by which we mean both a man and a woman, engages in any kind of sexual activity with an animal, the said aspect of Section 377 is constitutional, and it shall remain a penal offence,” the CJI ruled. Any act without the consent of the other person would also invite penal liability.

    The SC also declared parts of Section 377 as an unreasonable restriction on right to freedom of speech and expression. In his separate but concurring verdict, Justice Chandrachud, said, “Members of LGBT community are entitled, as all other citizens, to the full range of constitutional rights.”

    Justice Nariman directed the Centre to ensure that the verdict was given wide publicity. He also asked for “programs to reduce and finally eliminate the stigma associated with such persons” and sensitize government officials, particularly police officials, about the plight of LGBT persons.

    Meanwhile, United Nations India Thursday, September 6, lauded the Supreme Court for striking down a “key component” of IPC’s Section 377 which criminalizes “specific sexual acts between adults” and said the judgment will boost efforts to eliminate stigma and discrimination against LGBTI persons.

    It also hoped the ruling will be the first step towards guaranteeing the full range of fundamental rights to LGBTI persons.

    Sexual orientation and gender expression form an integral part of an individual’s identity the world over, and violence, stigma and discrimination based on these attributes constitute an “egregious” violation of human rights, it said.

    “The United Nations in India welcomes the landmark ruling by the Supreme Court of India striking down a key component of Section 377 of the Indian Penal Code which criminalized specific sexual acts between adults, a law dating back to British colonial rule that has targeted in particular lesbian, gay, bisexual, transgender and intersex (LGBTI) individuals and communities,” it said in a statement.

  • Indian Judiciary in Turmoil

    Indian Judiciary in Turmoil

    ‘No Your Honour!’: An earnest plea to save India’s faltering democracy  

    By George Abraham
    Many of these actions by CJI have created dissension in the ranks that may point to not only selective justice for the powerful and well-connected, but are instances when the very lives of justices are placed on line. Although some may question the rationale for an open news conference, these four judges are known for their impeccable integrity and impartial judgments. It is also apparent that the Supreme Court is currently lacking any mechanism to evaluate the inner workings of the court or streamline the process to resolve deficiencies resulting from wrong decision making, says the author.

    Many newspapers in India on Saturday, January 13th carried the story of disarray in the Supreme court of India with a beaming headline ‘No, Your honour!’.  India has indeed witnessed an extraordinary news conference by four members of the Collegium revealing the skew in the allocation of work and lack of transparency by Dipak Misra, the Chief Justice of India (CJI).

    It has been reported that this is the first time in history that four senior judges – Jasti Chelameswar, Ranjan Gogoi, Kurian Joseph and Madan B. Lokur brought the inner workings of this revered institution to the forefront of the public debate.  The most notable aspect of this development is that these four judges have asserted that they have done this to preserve democracy for India.

    According to Justice Chelameswar, the second senior most judge, “we tried to persuade the CJI to take steps but failed. Unless the Institution of Supreme Court is preserved, democracy won’t survive in this country”. He also added that they were left with no choice and did not want people to accuse those 20 years later that they did not take care of the Institution.

    To the keen observers of the recent political dynamics in the country, this development may not come as a huge surprise. The traditions and protocols that preserved the independence of the Supreme Court have been under siege lately like many other Institutions in the country. For those who are concerned about the very concept of equal justice under law, the Supreme Court in India is found to be their last refuge. If that Institution is also interfered with or politicized, India would join the ranks of banana republics and would effectively cease to be a constitutional democracy.

    The recent turn of events was triggered by the actions of the Chief Justice who started allocating cases of far-reaching consequences without transparency, indicating selective assignment of cases to preferred judges. One of those cases involved the murder of CBI judge B H Loya who was hearing the Sohrabuddin Sheikh Murder trial in which BJP President Amit Shah was accused. He appeared to have mysteriously died in 2014. CJI on Friday allotted a petition seeking independent inquiry into the death to Justice Arun Mishra who is 10th in seniority.

    Then there was the medical admission scam involving sitting and retired High Court judges. They permitted private medical colleges to admit students to MBBS despite Supreme Court bar. Justice Chelameswar set up a bench to hear it, but CJI sent that to another bench saying he alone has the right to draw up the roster. There was also a procedural fight over the norms to appoint HC and SC judges, and CJI sidelined the five-member constitutional bench from such a critical decision making by selecting a small three-judge bench headed by himself.

    Many of these actions by CJI have created dissension in the ranks that may point to not only selective justice for the powerful and well-connected, but are instances when the very lives of justices are placed on line. Although some may question the rationale for an open news conference, these four judges are known for their impeccable integrity and impartial judgments. It is also apparent that the Supreme Court is currently lacking any mechanism to evaluate the inner workings of the court or streamline the process to resolve deficiencies resulting from wrong decision making.

    Although the Modi Government at first declared that the crisis in the Judiciary is an internal problem for their own to resolve, on the following day, the media got the glimpse of Prime Minister’s Principal Secretary Nripendra Misra at the residence of the Chief Justice Misra. However, the report also stated that the gates were not opened. At this point, one can only speculate the role the Government has played muddying the water that could pose a higher risk to the integrity and the independence of the Judiciary.

    It has been quite evident from the recent pronouncements by various BJP/RSS leaders that they are quite unhappy with the current constitution that identifies itself as secular. The Union Minister Ananthkumar Hegde speaking at the meeting of Yuva Parishad said: “I will be happy if someone identifies as Muslim, Christian, Brahmin, Lingayat or Hindu, but trouble will arise if they say they are secular”. Although he later offered a reluctant apology for strategic reasons, he may have been speaking from the mindset of those who are in power today.  They are very well aware of the reality that not only they would require 2/3 majority to change the constitution but also a friendly Supreme Court in case of a judicial review.

    There are growing indications that the Modi government which came to power under the guise of a development agenda is busy laying the foundation for a transformed India based on Hindutva ideology. To accomplish their long-cherished goal of total transformation, they either have to change the Institutions that stand in their way or entirely wreck it.

    Supreme Court is not the only the Institution that is under siege in today’s India. Prime Minister Narendra Modi’s ill-advised demonetization program shed light on the stress and strain that the Reserve Bank of India was placed under along with its Governor Urjit Patel. At one point, tensions have boiled over between India’s central bank and the government over the monetary policy as the country was facing its weakest growth after its much-heralded demonetization policy.  Former Prime Minister Manmohan Singh has often pointed out about the danger to the Banking System due to its constant modification of policies and procedures.

    Another Institution that has come under considerable scrutiny is the Election Commission of India. The so-called delay to hold the election in Gujarat on time appeared to have given a lot of flexibility to BJP to suit its political ends. The ongoing complaints about the EVM machines, though not substantiated, have cast a pall over the integrity of the voting system and the legitimacy of the election itself.

    There are those who fear that the freedom of expression itself is in danger as many in the top leadership of the BJP seem to de-emphasize its importance. Arun Jaitley, the Union minister, is on record saying that freedom of expression should be subordinate to upholding the sovereignty of the nation. There is little doubt that threats to freedom of speech have intensified as right-wing student unions associated with BJP started attacking student assemblies on campuses and supporting the government’s effort to criminalize normal political activity as seditious. The independent media has taken a share of hits as well as in the case of NDTV which was raided in an investigation over bank fraud charges by CBI.

    If democracy has to survive the public has to gain a better understanding of the importance of an independent judiciary, impartial prosecutors and unbiased law enforce enforcement system that can ensure the rule of law and effective protection of fundamental rights and freedoms for every citizen regardless of color, caste, creed or religious affiliations.

    Undoubtedly, Jawaharlal Nehru with the help of other eminent leaders of the independence movement built many of these institutions that stood the test of time. The emerging nations during that period such as Yugoslavia, Egypt, and Ghana failed in this regard, and results are quite evident for all of us to see. Nehru’s vision and leadership were critical in shaping India as we know it today. For BJP, many of these independent institutions remain as stumbling blocks in pushing their agenda through. Only time will tell the fate of many of those revered institutions which form the edifice upon which India stands. In the meantime, I pay homage to those four Jurists whose courage and commitment to preserve our venerable institutions may have given us a ray of hope and probably, few reasons to cheer!

    (The author is the vice-chairman of the Indian Overseas Congress, USA. He can be reached at gta777@gmail.com)

     

                            

  • Nirbhaya rapists to hang as Supreme Court upholds death sentence

    Nirbhaya rapists to hang as Supreme Court upholds death sentence

    NEW DELHI: The Supreme Court today upheld the death penalty+ for the four convicts for the 2012 gang-rape and murder of Nirbhaya.

    “The Nirbhaya rape-cum-murder case+ is rarest of rare case and we are compelled to give extreme punishment to ensure justice,” said the apex court, while delivering the order.


    What the judges have said in the 429-page judgment:

    • “The present case clearly comes within the category of ‘rarest of rare case’ where the question of any other punishment is ‘unquestionably foreclosed’. If at all there is a case warranting award of death sentence, it is the present case.”
    • “The dying declarations… do withstand close scrutiny and they are consistent with each other.”
    • “It is absolutely obvious that the accused persons had found an object for enjoyment in her and, as is evident, they were obsessed with the singular purpose sans any feeling to ravish her as they liked, treat her as they felt.”
    • “It sounds like a story from a different world where humanity has been treated with irreverence.”
    • “We are compelled to arrive at the singular conclusion that the aggravating circumstances outweigh the mitigating circumstances now brought on record.”
    • “The wanton lust, vicious appetite…have driven the appellant to commit a crime which can bring in a ‘tsunami’ of shock in the mind of the collective, send a chill down the spine of the society.”
    • “After throwing the informant and the deceased victim, the convicts tried to run the bus over them so that there would be no evidence against them. They made all possible efforts in destroying the evidence…”
    • “The cruel manner in which the gang-rape was committed in the moving bus… and the coldness with which both the victims were thrown naked in cold wintery night of December, shocks the collective conscience of the society.”
    • “The gruesome offences were committed with highest viciousness. Human lust was allowed to take such a demonic form.”
    • “The evidence brought on record with regard to finger prints is absolutely impeccable”

    As soon as it read out its order, the packed court began to applaud.

    The top court was hearing an appeal filed by the four convicts – Akshay, Pawan, Vinay Sharma and Mukesh – who challenged the Delhi High Court’s March 2014 confirmation of the death sentence handed to them by a trial court in 2013.

    “The brutal, barbaric, and demonaical conduct of the convicts shook the conscience of humanity and they don’t deserve leniency+ ,” the top court said.

    Nirbhaya’s father said something similar this morning.

    “Leave the Supreme Court, even God will not forgive such people. They will be awarded death sentence,” said Nirbhaya’s father. “Only the death penalty (will do) for culprits now, it should not be denied,” Nirbhaya’s mother Asha Devi had said ahead of the hearing.

    “We have full faith in the judicial system and I am sure that the Supreme Court will announce death sentence in its verdict for the guilty. I am sure the Supreme Court will give justice to my daughter. This will set an example for the world,” she added

    The convicts’ lawyer+ had a dissenting view.

    “You can’t hang someone just to send a message to society. Human rights have been slaughtered today,” said AP Singh, the convicts’ lawyer, to ANI. “Justice is not done, we will file a review petition after reading the order,” he added.

    On December 16, 2012, Nirbhaya, the 23-year-old paramedic, was raped and brutalised with an iron rod on a moving bus in Delhi. She and her male friend were then thrown out of the bus. Nirbhaya lost her battle for life in a Singapore hospital on December 29.

    The top court today commended the work of the Delhi Police and bringing the criminals to book.

    “The investigations done by Delhi Police was fair and impartial and the probe has passed the test of fairness and reliability,” the SC said.

    “The dying declaration of Nirbhaya is reliable as it was corroborated by medical and other evidences,” it added.

    Of the six accused, Ram Singh hanged himself in prison, while another, who was a juvenile at the time of the crime, was convicted in August last year and will serve the maximum sentence of three years in a reform home.

    When the Delhi high court rejected the convicts’ appeal in 2014, it said “debauchery, avarice, profligacy and viciousness appear to be the compelling forces” behind the crime. The court also said the crime was “completely recvolting” and “indubitably been committed in an extremely fiendish, demoniac, barbaric and nefarious manner.”

    Today’s apex court appeal was heard by a bench headed by Justice Dipak Misra and comprised Justices R Banumathi and Ashok Bhushan.

    It was expected that the Supreme Court would not grant relief to the accused as Justice Dipak Misra doesn’t hesitate to give a death sentence and is exceedingly sensitive to women’s rights and liberties, ANI news agency said today.

  • BILKIS BANO CASE: HC SETS ASIDE ACQUITTAL OF 7

    BILKIS BANO CASE: HC SETS ASIDE ACQUITTAL OF 7

    MUMBAI (TIP): Setting aside the acquittal of seven persons, including five policemen and two doctors, the Bombay High Court on May 4 upheld the conviction and life imprisonment of 12 persons in the Bilkis Bano gangrape case. It, however, dismissed a CBI appeal seeking death penalty for three of the convicts on the grounds that they were the main perpetrators of the crime.

    Bilkis Bano said, “My rights, as a human being, as a citizen, woman, and mother were violated in the most brutal manner, but I had trust in the democratic institutions of our country. Now, my family and I feel we can begin to lead our lives again, free of fear.”

    A Division Bench of Justices K Tahilramani and Mridula Bhatkar, in a 430-page judgement, said while the probe conducted by the Gujarat Police was “flawed with a dishonest investigation”, the evidence and statements given by Bilkis Bano were “completely trustworthy”. Bilkis was gangraped in March 2002 at a time when she was pregnant. Seven of her family members were killed in Gujarat’s post-Godhra riots.

    “The appeal against conviction filed by the 11 convicts (one of them is dead) is dismissed. The conviction and sentence is upheld. The appeal filed by the prosecution against the acquittal of seven persons (in the case) is allowed. The acquittal is set aside,” the Bench announced.

    These seven persons — five policemen and two doctors — have been convicted for not performing their duty (Section 218) and for tampering with evidence (Section 201). Each of them were told to pay a fine of Rs 20,000 within eight weeks.

  • NY AG WAGES A WAR AGAINST HEROIN AND OPIOID TRAFFICKERS

    NY AG WAGES A WAR AGAINST HEROIN AND OPIOID TRAFFICKERS

    New York State Attorney General launches new law enforcement to crack down on violent heroin and Opioid traffickers

    Schneiderman’s “S.U.R.G.E” Initiative brings together AG’s Organized Crime Task Force and Local and State Law Enforcement to target violent gangs

    ALBANY, NY (TIP): Responding to the heroin epidemic’s rising death toll in New York’s suburban and upstate communities, Attorney General Eric T. Schneiderman announced, April 28, the launch of the Suburban and Upstate Response to the Growing Epidemic (“S.U.R.G.E.”) Initiative, a new law enforcement effort spearheaded by the Attorney General’s Organized Crime Task Force that aims to disrupt New York’s widening heroin and opioid distribution networks. Specifically, the S.U.R.G.E Initiative will target gangs and individuals who deal heroin and opioids and commit acts of violence in suburban and upstate communities across New York State. To carry out this mission, the OAG’s Organized Crime Task Force, which has partnered with all levels law enforcement to arrest more than 750 individuals in metro areas across the state since 2010, will work closely with federal, state, and local law enforcement to investigate, arrest, and prosecute those criminals who target suburban and upstate areas.

    On Thursday, AG Schneiderman and Syracuse Police Chief Frank Fowler announced the first successful takedown under the SURGE Initiative, arresting and indicting 52 people in Operation Bricktown, a multipronged investigation that dealt a major blow to one of Syracuse’s most violent drug dealing street gangs.

    “By the Numbers: The Growing Drug Epidemic in New York,” an April 2017 report published by the Rockefeller Institute of Government, found that New York-like most the country-is experiencing a rise in drug-related deaths. According to the report, 14,173 people died from drugs in New York State between 2010 and 2015. In contrast, 9,754 people suffered drug-related deaths in the preceding six years (2004-2009). In 2015 alone, 3,009 New Yorkers died from drug overdoses or from chronic drug abuse-a 71 percent increase from 2010.

    While the steady increase of drug-related deaths has been felt across the state, suburban and upstate communities have been hit particularly hard. In New York City, drug-related deaths increased by 45 percent since 2010. Comparatively, drug-related deaths increased by 84 percent in 17 counties outside of New York City (for which there is complete federal data). For example, in Onondaga County, the drug-related death rate increased by 145 percent from 8.8 per 100,000 people in 2010 to 21.6 in 2015.

    “The S.U.R.G.E Initiative will bring our state’s most effective law enforcement resources to bear in the fight against New York’s growing opioid and heroin epidemic,” said Attorney General Schneiderman. “I am proud that my Organized Crime Task Force has partnered with state and local enforcement to bring over 750 accused drug and gun dealers to justice since 2010. By directing resources to the communities that need our help the most, we can help curb some the heroin epidemic’s most devastating consequences for New Yorkers. With overdose deaths on the rise and federal funding for drug prevention on the chopping block, the S.U.R.G.E Initiative will be an important part of my office’s multipronged approach to fighting the expansive and violent heroin and opioid distribution networks across New York State.”

    Since 2010, Attorney General Schneiderman has launched a multi-pronged strategy to tackle New York’s constantly evolving heroin and opioid epidemic. Some of the Attorney General’s most significant drug addiction and treatment achievements on behalf of New Yorkers include:

    Obtaining settlements with major domestic and global health insurers including Cigna, Anthem, and Empire BlueCross BlueShield (BCBS), which insures over 4 million New Yorkers, to remove barriers to life-saving treatment for opioid use disorder. The agreement put an end to the insurers’ policy of requiring prior authorization for medication-assisted treatment (“MAT”), which can lead to significant delays for patients seeking relief from addiction.

    Creating the Internet System for Tracking Over- Prescribing Act (“I-STOP), a series of enhancements to New York’s prescription drug monitoring program that provided doctors with patient’s up-to-date controlled substance prescription history and established a safe disposal program providing a place for New Yorkers to get rid of expired and unneeded drugs-thus reducing the likelihood of stolen and forged prescriptions being used to obtain controlled substances from pharmacies. I-STOP also reduced “doctor shopping,” a practice in which an individual attempt to obtain the same or similar prescriptions from multiple physicians, by 90% since 2014.

    Launching the Community Overdose Prevention (“COP”) program, a life-saving initiative that enabled state and local law-enforcement officers in the state of New York to carry naloxone, the extremely effective heroin antidote that can instantly reverse the effects of an opioid overdose. Since the program’s implementation in April 2014, more than 100 overdoses were reversed using kits provided by the COP program, which distributed over 27,000 kits across the state.

    Obtaining an agreement with Amphastar Pharmaceuticals, Inc. to cut and cap the price of naloxone for all agencies in New York State, reducing the price of naloxone by nearly 20 percent.

    Enforcing Mental Health Parity Laws to reach agreements with five insurance companies, Cigna, MVP Health Care, EmblemHealth, Excellus, and ValueOptions, requiring the companies to provide notice of a new appeal right to members whose requests for inpatient substance use disorder rehabilitation and eating disorder residential treatment were denied from 2011 through 2014. The estimated value of Excellus’s denial of these individuals’ requests alone totaled $9 million.

    Successfully prosecuting more than ten licensed prescribers including operators of “pill mills” and other unlawful practices form crimes related to improper opioid prescriptions.

    “Combatting the heroin and opioid epidemic remains one of my top priorities and through key partnerships with law enforcement officials and other organizations we can help turn the tide and save lives,” Suffolk County Executive Steve Bellone said. “I commend Attorney General Schneiderman on this bold initiative and support his efforts to eradicate those who are exploiting others and tearing families apart.”

    AG’s initiative has been widely welcomed by politicians and officials across the State.

  • Man fatally shoots boss, kills himself in US

    Man fatally shoots boss, kills himself in US

    HOUSTON (TIP): An unidentified man shot dead his woman boss before killing himself, leading to chaos in a multi-storey building in the northern part of US city of Dallas, police said.

    The Dallas police responded to a report of an active shooter in an office building in the 8300 block of the LBJ Freeway at around 10.45am (local time) yesterday.

    When officers arrived on the scene, they suspected the shooter was in a meeting room. They breached the door by firing a shotgun, authorities said.

    Officers found a man and a woman dead in the room. It appears the man shot and killed the woman and then turned the gun on himself, police said.

    The woman was the supervisor of the gunman, they said. As the incident unfolded, television footage showed a heavy police response including a SWAT team at the office building along an interstate.

    A broken window could be seen on one of the upper floors of the building.

    “(Officers) went inside the office where the shooting was taking place, and they discovered that the possible shooter was inside a particular office in a meeting room,” Asst Chief Randy Blankenbaker said.

    “The officers were forced to utilise a shotgun to breach the front office door,” he said.

    Blankenbaker said the victim and suspect will not be identified until the next of kin are notified.

    Investigators said there were multiple witnesses in the building at the time of the shooting and were taken to police headquarters for questioning.

    The building was declared to be safe around 12.49pm (local time).

    Pictures of the crime scene show dozens of people outside the building being evacuated. Another photo shows a busted out window on the far edge of the property.

    One officer was injured due to broken glass during the search and was taken to the hospital, the police department’s Twitter account said. (PTI)

     

  • #SUKMAATTACK  – Maoists claim responsibility in audio message, warn security forces not to crush ‘revolution’

    #SUKMAATTACK – Maoists claim responsibility in audio message, warn security forces not to crush ‘revolution’

    NEW DELHI (TIP): Maoists based in the Bastar region of Chhattisgarh have claimed responsibility for the recent attack on CRPF jawans – the worst in few years – and warned the security forces not to come in way of their ‘revolution’.

    A News18.com report claimed on April 28 (Friday) that the home-grown rebels have released an audio message in which they have claimed responsibility for the gruesome attack.

    Their attack on the CRPF jawan was in retaliation to Operation Green Hunt launched by the government against Naxals, they claimed.

    In the 16-minute long audio message clip, a spokesperson of the banned Communist Party of India (Maoist) also hailed the attack by the outfit’s military arm People’s Liberation Guerrilla Army (PLGA) on the CRPF personnel.

    The Maoists’ spokesperson, who spoke in Hindi, said that their “fight” was not with the paramilitary personnel, but warned central forces against standing in the way of “revolution”.

    He also appealed to them and to the police personnel to leave the forces, which he said were targeting activists and journalists.

    “In 2016, the government killed nine of our people in Chhattisgarh and 21 in Odisha. The ambush is a reaction to these killings and sexual violence against our women,” Vikalp, the Maoists spokesperson reportedly said.

    He also alleged that the state police had gang-raped tribal women and killed villagers in “fake” encounters.

    However, the veracity of the purported audio clip, which has become viral on the social media, and the claims made by the Maoists could not be confirmed.

  • Raja Krishnamoorthi calls for decisive steps to end bigotry, hate crimes

    Raja Krishnamoorthi calls for decisive steps to end bigotry, hate crimes

    Indian-American Congressman Raja Krishnamoorthi has asked the US administration to take “decisive steps” to end bigotry and hate crimes towards Indian-Americans and other religious minorities in the country.

    “There are various reasons (for increase in hate crimes), but one is certainly there’s been a rise in divisive rhetoric starting with the top,” Krishnamoorthi, Congressman from Illinois, said.

    Krishnamoorthi, who has initiated steps to galvanise his Congressional colleagues on the issue, said there has been a number of issues taken on the immigration front, which really contributes to the divisive atmosphere in this country.

    “Starting with the immigration executive order dated January 27th, which targeted American legal permanent residents, also known as Green Card holders. But we’ve now seen a number of steps taken by the White House on a number of fronts, which have sown confusion, concern, and fear among Indian-Americans and others,” Krishnamoorthi told PTI.

    The first-time Congressman said he has not seen any measures being taken by President Donald Trump.

    “Not so far, but I’m heartened that at least Secretary (of Homeland Security John) Kelly was willing to meet with me and others to discuss this issue and to recognise that there has been an increase in hate crimes and that we need to do something about it,” he said.

    “But now is the time to act. We can’t just have a nice talk. It’s time for the authorities at the very top of our government to take decisive steps to end the state of bigotry and prejudice that’s being directed toward Indian-Americans, Jews, Latinos, Muslims, and others because at the end of the day, we have to come together as a country to confront the various challenges that we have on the landscape, primarily economic,” Krishnamoorthi said.

    One thing that the Trump Administration can do is that they can make sure that there continue to be the registry of where are the attacks happening and against who, and those responsible for it are prosecuted.

    “They’ve been dilly-dallying on this front in a number of cases,” he alleged.

    “It’s very clear that some of these attacks were motivated by hate, and they should be prosecuted as such. Then, we need leaders to come and meet with the community and to show solidarity with them,” he said.

    “We are all Americans, and regardless of what you think about his policies, George Bush, after the September 11th attacks, actually showed up in the different communities to allay concerns about different communities being singled out as targets of hatred. We need that same type of attention being given now,” he said.

    “Then, word needs to go out into law enforcement that they need to act with even more purpose, and they need to do everything they can to stop these attacks,” he added.

    Read more

    Krishnamoorthi last week met with Secretary of Homeland Security John Kelly.

    During the meeting, he brought up the concerns about the attacks on Indian-Americans, Hindus, Muslims, Jews, and others.

    “I basically got a commitment from him to work on this issue, and he also lamented the rise in White supremacist organisations,” he said.

    “I then followed up with a letter to him basically urging him to take action to follow up on his commitment. Then I’ve also asked him to come to Chicago and hold meetings with local concerned community leaders with regard to this issue. He said that he was interested, but we’re following up on that,” he added.

    “This follows a number of other actions taken by our office including calling for investigative hearings of my Oversight Committee, writing to Department of Justice (DOJ) including Attorney General Jeff Sessions asking them to investigate, and various other statements and letters that we’ve sent,” Krishnamoorthi said.

    “In addition, I’ve met with local leaders in the community with regard to this issue, and we are holding town halls and other meetings to basically bring attention to what’s happening. We’re doing everything we can to make sure that we address this rise in hate crimes and prejudice and bigotry in as diligent a manner as possible,” Krishnamoorthi said.

    Having received feedback from across the country, Krishnamoorthi said Indian-Americans are very concerned, which is bordering on fear.

    “I think that we have to do everything we can to allay their concerns, but more importantly, to take action, to make sure that we get to the bottom of what’s happening and prevent future attacks,” he said.

  • Indian Shot Dead In Washington, Probe Underway, Tweets Sushma Swaraj

    Indian Shot Dead In Washington, Probe Underway, Tweets Sushma Swaraj

    New Delhi/Washington:  India is coordinating with investigating agencies in the US and a probe is underway after a 26-year-old Indian man was shot dead in Washington on Thursday, External Affairs Minister Sushma Swaraj tweeted this morning.

    Vikram Jaryal was shot dead allegedly by two masked armed robbers at a convenience store of a gas station. Mr Jaryal, who was from Hoshiarpur district in Punjab, worked as a clerk in the store. He was behind the counter when two people in masks came in and robbed the store. Police said Mr Jaryal handed the suspects money, but one of the suspects fired at him. Mr Jaryal was taken to the hospital where he later died.

    Ms Swaraj tweeted, “We are coordinating with the investigative agencies. They have got the CCTV footage and are in the process of apprehending the culprits.”

    Local police are looking for two men caught on surveillance camera leaving the store. “Somebody knows something. Somebody knows these people. The still photos show a very recognisable top that one of the suspects is wearing,” Mike Bastinelli, Yakima Police Department said. “The shooter wore a black hoodie with patches of white on the back,” he said.

    Police are looking for the two suspects who allegedly shot dead Vikram Jaryal at a store in Washington.

    “The victim was able to tell officers what happened when they arrived a few minutes later; but tragically, he died a short time later at the hospital,” police was quoted as saying by the NBC Right Now channel.

    According to Ms Swaraj, Mr Jaryal had reached the US only 25 days back.

    (With inputs from PTI)

  • Asian doctor dragged off overbooked flight by United Airlines

    Asian doctor dragged off overbooked flight by United Airlines

    United Airlines (UAL.N) sparked outrage on Monday, April 10, for the treatment of an Asian doctor who was forcibly dragged off the airline by security officers causing multiple injuries to the passenger just because he was RANDOMLY chosen to be removed from the flight because UA had overbooked the flight.

    Videos taken by fellow passengers on board the flight 3411 from Chicago to Louisville showed that the passenger being hauled out of his seat by one of the security officers, who has now been placed on leave pending an investigation.

    In the process, the man’s glasses were knocked off and he was hauled down the aisle by stewards after the man refused to give up his seat to allow stand-by aircrew to take it.

    The flight was overbooked and United had asked for volunteers to leave so that standby aircrew could board, the report said.

    When no one came forward, the airline seemingly decided to take matters into their own hands and decided who was getting off.

    In a letter circulated to employees and seen by Reuters, United Chief Executive Officer Oscar Munoz did not apologize for the way the passenger was handled, writing that the passenger had “defied” security officers.

    Munoz said there are lessons the company can learn from this situation, though he impressed that he “emphatically” stands behind his employees.

    “We sought volunteers and then followed our involuntary denial of boarding process (including offering up to $1,000 in compensation),” Munoz wrote. “When we approached one of these passengers to explain apologetically that he was being denied boarding, he raised his voice and refused to comply with crew member instructions.”

    The Chicago Department of Aviation said in a statement that one of the officers did not follow protocol and added that he had been placed on leave pending a review for actions not condoned by the department.

    The U.S. Department of Transportation (DOT) said it was reviewing whether United complied with overbook rules that require airlines to set guidelines on how passengers are denied boarding if they do not volunteer to give up their seats.

    A passenger Jayse D Anspach posted a video on twitter and said: “#United overbooked and wanted four of us to volunteer to give up our seats for personnel that needed to be at work the next day.

    “No one volunteered, so United decided to choose for us. They chose an Asian doctor and his wife.

    “The doctor needed to work at the hospital the next day, so he refused to volunteer,” Anspach added.

    “10 mins later, the doctor runs back into the plane with a bloody face, clings to a post in the back, chanting, “I need to go home.”

    “It looked like he was knocked out, because he went limp and quiet,” Anspach wrote, “and they dragged him out of the plane like a rag doll.”

    Another video shows the distressed man, still disheveled from the wrangle, returned to the cabin, clinging onto a curtain at the back of the plane and repeating: “Just kill me. Kill me,” and “I have to go home,” as blood streaked down his mouth.

    Much of the online uproar surrounded the appropriateness of removing a paying customer in order to accommodate airline staff.

    “They bloodied a senior citizen & dragged him off the plane so THEIR OWN STAFF could take his seat,” one Twitter user wrote.

    Social media users questioned whether the man would have been removed as forcefully had he not been Asian.

  • GOPIO Litigation: Ashook Ramsaran’s case against some GOPIO officials dismissed by District Court

    GOPIO Litigation: Ashook Ramsaran’s case against some GOPIO officials dismissed by District Court

    NEW YORK (TIP): In early 2016, GOPIO’s former president Mr. Ashook Ramsaran had filed a lawsuit against three current officers of GOPIO (it’s Chairman Dr. Thomas Abraham, Vice President Ram Gadhavi and Global Ambassador Sunny Kulathakal) and the publications DNA News, APN News and Tehelka News in the court of Judge Paul J, Oetken, US District Court, Southern District of New York. In his lawsuit, Mr. Ramsaran had alleged libel and sought damages for certain statements that had appeared in those publications.

    The case was filed on Mr. Ramsaran’s behalf by Attorneys Nicholas Netram Loaknauth and Robert A. Stramiere. The defense attorneys were Megha Bhouraskar, David Alan Karlin, Karen M. Lager and Robert Marc Barta.

    As per a ruling dated March 30th, 2017 Judge Oetken dismissed Mr. Ramsaran’s case against all defendants.

    In a press release, GOPIO stated that a big nuisance has gone and that its officers can now spend more time for the benefit of the Indian Diaspora and to promote India’s interest around the world.

    GOPIO has been in existence since 1989 as a member supported community based non-profit organization headquartered in New York, looking after the interests of the Indian Diaspora. It has over 100 chapters in 35 countries.

    When contacted for confirmation, Mr. Ramsaran said it was an ongoing case.

  • Indian Man Pleads Guilty to Use of False Passport

    Indian Man Pleads Guilty to Use of False Passport

    NEW YORK (TIP): Manish Patel, 43, a citizen of India, pled guilty on April 3 to use of a false passport, announced United States Attorney Richard S. Hartunian.

    As part of his guilty plea, Patel admitted to presenting a forged Indian passport to Border Patrol agents in the early-morning hours of January 20, 2017. Patel used the forged passport -which was in another person’s name, but bore Patel’s photograph – to fly from India to Toronto, by way of London, prior to illegally entering the United States.

    Sentencing is scheduled for August 16, 2017 at 11:30 a.m. before Senior United States District Judge Norman A. Mordue. Patel faces up to 10 years in prison and up to 3 years of post-imprisonment supervised release, and a $250,000 fine. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

  • EU to start checks at external borders

    EU to start checks at external borders

    BRUSSELS (TIP): Europeans will face systematic checks at the external borders of the EU’s Schengen border area from Friday under legislation designed to tackle “foreign fighters” returning from Iraq and Syria.

    “Member States will as of tomorrow have an obligation to carry out systematic checks against relevant databases at the external borders, also on EU citizens,” a European Commission spokeswoman said Thursday.

    This is “in order to verify that persons crossing the borders do not represent a threat to public order and internal security.” The EU said it was “in response to the attacks in Paris in November 2015 and the growing threat from foreign terrorist fighters.” The EU first proposed the measures after the November 2015 Paris attacks and the 28 member states adopted them on March 7. (AFP)

  • Indian Mother and son found dead in South Jersey

    Indian Mother and son found dead in South Jersey

    JERSEY CITY, NJ (TIP): A woman software professional belonging to Prakasam district in Andhra Pradesh and her 7-year-old son were found dead in their home in New Jersey on March 23 evening. N Sasikala, 38, and her son were stabbed “multiple times”. Her husband, Narra Hanumantha Rao, reportedly told the police that he discovered their bodies when he returned home from work.

    Narra Hanumantha Rao and his wife Sasikala, both software engineers, hailing from Thimmarajupalem village of Paruchur Mandal in Prakasam district, had moved to USA 9 years back and both worked for the technology company Cognizant.

    The killing was raised in parliament on March 24. External Affairs Ministry spokesperson Gopal Baglay said, “We are in touch with US authorities who are trying to ascertain the details in the matter. As and when we have details, will let you know.”

    Many people, particularly Indians, have speculated that the killings may have been a hate crime. But a spokesman for the prosecutor’s office, to state that there is no evidence it is a bias incident.

     

  • 2 Indian-Americans Sentenced For Credit Card Fraud In US

    2 Indian-Americans Sentenced For Credit Card Fraud In US

    Two Indian-Americans from New Jersey have been sentenced to over a year of imprisonment for a massive international credit card fraud involving more than 200 million US dollars.

    Vijay Verma, 49, and Tarsem Lal, 78, both of whom are owner of a jewellery store in New Jersey, have been sentenced to 14 months in prison and 12 months of home confinement, respectively, the Acting US Attorney William E Fitzpatrick said.

    Both had earlier pleaded guilty to the charges.

    Verma and Lal were indicted in October 2013 as part of a scheme to fabricate more than 7,000 false identities to obtain tens of thousands of credit cards.

    According to court documents, participants in the scheme doctored credit reports to pump up the spending and borrowing power associated with the cards.

    They then borrowed or spend as much as they could, based on the phony credit history, but did not repay the debts – causing more than USD 200 million in confirmed losses to businesses and financial institutions, federal prosecutors alleged.

    These debts were incurred at Verma’s jewelry store, among many other locations, where Verma would allow fraudulently obtain credit cards to be swiped in phony transactions, court papers said.

    Federal prosecutors alleged that Verma and Lal each admitted allowing others who came to their Jersey City, New Jersey, store to swipe cards they knew did not legitimately belong to them.

    Verma and Lal would then split the proceeds of the phony transactions with these other conspirators.

    In addition to the prison terms, Judge Thompson sentenced Verma to three years of supervised release and Lal to three years of probation.

    Each of them have been fined USD 5,000 and ordered to pay forfeiture of USD 451,259.

  • Two Indians in New Jersey Sentenced to Prison for Smuggling Foreign Nationals

    Two Indians in New Jersey Sentenced to Prison for Smuggling Foreign Nationals

    NEWARK, NJ (TIP): Two Indians were each sentenced to 17 months in prison for their roles in a conspiracy to illegally transport foreign nationals into the United States via commercial airline flights, Acting U.S. Attorney William E. Fitzpatrick announced, March 21, 2017.

    Nileshkumar Patel, 42, and Harsad Mehta, 67 previously pleaded guilty before U.S. District Judge William J. Martini to separate superseding informations charging them each with one count of conspiracy to smuggle foreign nationals into the United States for commercial advantage and private financial gain. Judge Martini imposed the sentences in Newark federal court.

    According to documents filed in this case and statements made in court, Patel and Mehta admitted that from June 2013 through October 2015, they conspired to make money by recruiting Indian nationals to enter and reside in the United States illegally. Patel and Mehta admitted that on July 24, 2014, they brought two Indian nationals to Bangkok, Thailand, so that they could be transported into the United States. They also admitted paying an individual – who was actually an undercover officer – to transport the foreign nationals from Thailand into Newark.

    In addition to the prison terms, Judge Martini sentenced Patel and Mehta to three years of supervised release.

  • Indian American Postal Supervisor Charged with Theft of Government Property

    Indian American Postal Supervisor Charged with Theft of Government Property

    CAMDEN, NJ (TIP): An Indian American resident of Delran, New Jersey, faces charges that he abused his position as a U.S. Postal Service supervisor to steal cash deposits, U.S. Attorney Paul J. Fishman announced earlier this month.

    Amar D. Patel, 35, is charged by complaint with knowingly embezzling, stealing, purloining, and converting to his use U.S. Postal Service funds exceeding $1,000.

    According to the complaint, filed in July 2016, the U.S. Postal Service Office of Inspector General started investigating shortages in cash deposits reported by the Riverside, New Jersey, Delanco, New Jersey, and Delran post offices. Patel – who was a supervisor at those three offices -had access to deposit bags containing cash acquired during retail operations. As part of the investigation, agents installed covert surveillance cameras inside the Riverside post office. On Jan. 14, 2017, one of the surveillance cameras captured images of Patel tearing open a sealed deposit bag, removing cash deposits, and placing the funds into his pocket. According to U.S. Postal Service financial records and bank deposit records, the Riverside office’s deposit was short $1,650 on Jan. 14, 2017. Based on this and other information, Patel is accused of stealing $15,700 in U.S. Postal Service funds on 12 separate occasions from Feb. 20, 2016, through Jan. 14, 2017.

    The embezzlement charge carries a maximum potential penalty of 10 years in prison and a $250,000 fine.

    (Source: Press Release/ U.S. Attorney’s Office, District of New Jersey)

  • Indian Origin Man from Queens jailed for Alien Smuggling

    Indian Origin Man from Queens jailed for Alien Smuggling

    NEW YORK (TIP): Harpushpinder Singh, 46, an Indian citizen residing in Richmond Hill, Queens, New York, was sentenced on March 18 to time served (9 months in jail) as a result of his trial conviction for transporting aliens unlawfully present in the United States.

    The announcement was made by United States Attorney Richard S. Hartunian and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.

    Singh was convicted after trial in October 2016 of transporting two Indian citizens who were in the country illegally, from Champlain, New York, until he encountered the Border Patrol immigration checkpoint on Interstate 87 in North Hudson, New York.

    Singh had been incarcerated since his arrest on June 12, 2016. As part of his sentence issued by U.S. District Judge Mae A. D’Agostino, Singh will also serve one year of post-imprisonment supervised release.

  • Indian-American teen arrested for killing his mother

    Indian-American teen arrested for killing his mother

    The arrest Friday of a 17-year-old boy accused of strangling his mother sent shock waves through western Wake County’s Indian community, according to a Morrisville town councilman.

    It took more than a year for investigators to gather enough evidence to make an arrest in the Dec. 17, 2015, death of Nalini Tellaprolu, a popular 51-year-old mother of two who worked at Duke Medical Center. Friends of the family were shocked when Cary police charged her son, Arnav Uppalapati, with her murder; “It’s very devastating. There’s never been an incident where a son has taken the life of his own biological mother.

    Arnav Uppalapati was arrested by Cary police on Friday for the death of his 51-year-old mother Nalini Tellaprolu who worked at Duke Medical Center. Tellaprolu was strangled on December 17, 2015 with a plastic bag over herhead.

    It really sends shock waves,” Satish Garimella, a Morrisville town councilman of Indian descent, was quoted as saying by the local ‘The News&Observer’. Uppalapati was 16 when he reported coming home from school and finding his mother’s body in the garage with a plastic bag over her head. Her feet were in the back seat of a car. She may have been beaten before she was strangled, the report said, citing the autopsy report.

    Uppalapati was a person of interest in the case from the outset, said Wake County District Attorney Lorrin Freeman. One telling clue were early reports that indicated there were no signs of a forced entry into the family’s two-story, USD 450,000 home at the Upchurch Farms subdivision, Freeman said.

    “We’re shocked as a community. This was not something we expected to hear. She focused all of her energy on her kids,” said Padma Tummala, a long-time friend of Tellaprolu. “I still don’t believe it. This is completely out of the blue,” said Vijay Javvadi, another family friend. It wasn’t clear how police finally broke the case or what motive played a role.

    Police said in a statement that Uppalapati would be tried on a class B1 felony charge, which is punishable by a maximum sentence of life in prison without parole. Tellaprolu’s death was ruled a homicide by the Medical Examiner’s Office. Her body was covered with bruises and scratches on her face, neck, torso and arms. There were minor blunt force injuries, and the cartilage in her neck was fractured, the report said.

  • Indian American in California arrested for killing daughter-in-law

    Indian American in California arrested for killing daughter-in-law

    SACRAMENTO (TIP): On March 8, 63-year-old Amarjit Singh was arrested for allegedly killing his daughter-in-law Shameena Bibi, in Suinsin City, California with a hammer.

    Suisun City Police Chief Tim Mattos said 29-year-old Bibi was killed while her in-laws and 2-year-old son were inside the house. According to investigators, it was only later

    at the police station when the father-in-law, Singh, confessed.

    According to police, Singh told investigators his daughter-in-law had “disrespected” him and they got into an argument involving a bicycle. The pair took the argument into the garage, where Singh grabbed a hammer and “delivered fatal blows” to Bibi’s head, according to investigators.

    Singh was booked into the Solano County Jail on a murder charge. He does not have an arrest history. There were some previous issues over the father-in-law’s acceptance of Bibi in his family, the police department said.

  • Man jailed for six years after killing banker with single punch at taxi rank

    Man jailed for six years after killing banker with single punch at taxi rank

    LONDON  (TIP):Trevor Timon, the man who killed banker Oliver Dearlove with a single punch has been jailed for six years.

    The 31-year-old, of Plumstead in south-east London, was cleared of murder earlier this week, but admitted manslaughter after he delivered a “powerful” left hook to Mr Dearlove’s head, knocking him unconscious, the Old Bailey heard.

    Mr Dearlove was with friends on their way home from a university reunion, when he approached a group of women who had been out celebrating a birthday with Timon.

    Timon launched his attack when a row broke out between the two groups at a taxi rank in Blackheath in south-east London.

    The court heard that Timon told his victim: “If you don’t get out of my face I will knock you out”, before hitting him.

    Mr Dearlove, aged 30, died in hospital less than 24-hours later.

    Timon then escaped to Ireland, after telling one of the women, “I’m scared, seriously, proper.”

    He handed himself in days later.

    Judge Mark Dennis QC said Mr Dearlove had not been a threat to the group, and described Timon’s punch as an “unprovoked and gratuitous act”.

    “This was a senseless death that occurred as a result of an act borne out of a flaw in your character which in the past has seen you display unnecessary violent conduct to others when, for reasons best known to you, you have become annoyed or wound yourself up,” he said.

    “Oliver Dearlove was a young man of fine character with a long and promising future ahead of him,” he added.

    “His loss in such senseless circumstances has, as the court has heard, caused untold misery for his family and those close to him.

    “Many lives have been turned upside down.”

    In court Mr Dearlove’s girlfriend Claire Wheatley described the pain at losing her partner, who she described as her “Mr Right”, and a “true gentleman”.

    Paying tribute to her boyfriend she said: “Oli and I first met on New Year’s Eve the year 2013. I saw him from across the room and knew instantly that he was something special.” She added: “His death was not the result of an unfortunate event such as a car accident or life-long illness but as the result of a senseless act of one individual in one moment of time, with no real meaning or justification.” In a letter read out in court, Timon said: “There is not a single day that I don’t think of Oliver, his friends and family and the devastating effects my action has caused.” (PTI)

  • Engage in ‘reasoned discussion and debate’, not in violence, President Mukherjee advises students

    Engage in ‘reasoned discussion and debate’, not in violence, President Mukherjee advises students

    KOCHI (TIP): There is no room in this country for an intolerant Indian and students in India’s universities must engage in “reasoned discussion and debate” rather than “propagate a culture of unrest”, President Pranab Mukherjee said on March 2.

    “There should be no room in India for the intolerant Indian,” President Mukherjee said while delivering the 6th KS Rajamony Memorial Lecture on “India@70” today in Kerala’s Kochi district. “Those in universities must engage in reasoned discussion and debate rather than propagate a culture of unrest. It is tragic to see them caught in the vortex of violence and disquiet,” he said. Although Mukherjee did not mention the Ramjas College row, his comments came amid the Left and right-wing groups engaged in a bitter, and even violent, debate over whether free speech is unpatriotic.

    FREEDOM OF SPEECH GUARANTEED TO EVERY INDIAN:

    President Pranab Mukherjee asserted that freedom of speech and expression is guaranteed to every Indian by the Constitution. “There must be space for legitimate criticism and dissent,” he said.

    “India has been since ancient times a bastion of free thought, speech and expression. Our society has always been characterized by the open contestation of diverse schools of thought and debate or discussion. Freedom of speech and expression is one of the most important fundamental rights guaranteed by our Constitution,” he said.

    In an apparent reference to the hounding of Delhi University student Gurmehar Kaur for questioning the RSS-backed Akhil Bharatiya Vidyarthi Parishad (ABVP), Mukherjee said the acid test for any society is how it treats it women and children.

    “I do not consider a society or state to be civilized if its citizens’ behavior towards women is uncivilized. When we brutalize a woman, we wound the soul of our civilization. The acid test of any society is its attitude towards women and children,” he said.

    POLITICIANS MUST NOT TAKE PEOPLE FOR GRANTED:

    Addressing India’s politicians, Mukherjee said they should not take the people for granted. “The leaders or political activists must listen to people, engage with them, learn from them and respond to their needs and concerns. Our lawmakers must never take the people for granted. They must focus on the fundamental task of law making and raising of issues of concern to the people,” he said.

    Mukherjee, however, did not dismiss the virtues of patriotism. “The time has come for collective efforts to re-discover the sense of national purpose and patriotism. Sense of national purpose and patriotism alone can lift our nation on to the road of sustained progress and prosperity. The nation and the people must always come first,” he said.

  • Indian American Shot Dead by American Spewing Racial Slurs in Kansas #RacismAlert

    Indian American Shot Dead by American Spewing Racial Slurs in Kansas #RacismAlert

    OLATHE, KANSAS (TIP): An Indian engineer was killed and two others injured when an American man opened fire on them after allegedly yelling “get out of my country”, with the local police calling it as a “possible hate crime”.

    Srinivas Kunchubhotla, 32was killed ina shooting on Wednesday, February 22 night
    Srinivas Kunchubhotla, 32was killed ina shooting on Wednesday, February 22 night

    Srinivas Kunchubhotla, 32, working at the Garmin headquarters in Olathe, was killed in the shooting on Wednesday night, while another Indian and his colleague Alok Madasani was critically injured and is battling for life at a local hospital.

    One other identified as Ian Grillot was also injured in the shooting.

    The accused, Adam Purinton, 51, was arrested on Thursday, February 23 morning, five hours after the incident.

    “It was a tragic and senseless act of violence,” Olathe Police Chief Steven Menke told reporters.

    According to local media reports, he yelled “get out of my country” at the Indians.

    Purinton, a navy veteran, later reportedly told a bartender in Clinton, Missouri, where he was hiding that he killed two Middle Eastern persons, the Kansas City Star said.

    The Indian Embassy has swung into action and two senior officials of the Indian Consulate in Houston have been sent to Kansas to assist the victims’ families.

    “Consul Ravindra Joshi and Vice Consul Harpal Singh rushed to Kansas to assist shooting victim.

    They are on their way and will reach by evening,” the consulate said in a tweet.

    The accused has been charged with premeditated first-degree murder and his bond has been set at USD 2 million.

    According to Garmin, Kuchubhotla and Madasani worked in the company’s aviation systems.

    “We’re saddened that two Garmin associates were involved in last night’s (Wednesday night) incident, and we express our condolences to the family and friends of our co-workers involved. Garmin will have grievance counsellors on-site and available for its associates today and tomorrow,” Garmin said in a statement.

  • Major Setback for Trump — Ninth Circuit Appeals Court unanimously upholds Federal Judge’s stay on travel ban

    Major Setback for Trump — Ninth Circuit Appeals Court unanimously upholds Federal Judge’s stay on travel ban

    A US federal appeals court early Sunday rejected a request by the Department of Justice to immediately reinstate President Donald Trump travel ban. Twice bitten but not shy Trump took to his favorite Twitter to express his reaction: “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”

    A defiant Trump tweets: “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”

    In a major setback for President Donald Trump administration’s first major attempt to carry out its anti-terrorism agenda, a federal appeals court on February 9 refused to reinstate Trump’s executive order barring travelers from seven predominantly Muslim nations from entering the U.S. On January 27,Trump bannedcitizens of seven Muslim-majority countries hailing from Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen from entering the US for at least the next 90 days by executive order. It sparked chaos at airports and protests worldwide as at least 60,000 visas were voided, including those held by doctors, engineers and students who were caught outside the U.S. visiting relatives abroad.

    U.S. District Judge James L. Robart issued a temporary restraining order blocking enforcement of the order last week after concluding that a challenge by the states of Washington and Minnesota was likely to succeed. The Seattle-based judge, appointed by President George W. Bush, also concluded that halting the ban – at least for a while – would cause no undue harm to the country.

    A three-judge panel of the U.S. 9th Circuit Court of Appeals ruled that Judge James L. Robart’s earlier restraining order on the new policy should remain in effect while the judge further examines its legality. The three judges, two Democratic appointees and a Republican, unanimously said the administration had not shown an urgent need to have the order go into effect immediately. The judges on the Ninth Circuit panel were Judge Michelle T. Friedland, appointed by President Barack Obama; Judge William C. Canby Jr., appointed by President Jimmy Carter; and Judge Richard R. Clifton, appointed by President George W. Bush.

    “No one is above the law, not even the president,” Washington Attorney General Bob Ferguson, who brought the lawsuit against the executive order along with the state of Minnesota, said in a statement. “The president should withdraw this flawed, rushed and dangerous Executive Order, which caused chaos across the country.”

    The ruling was the first from an appeals court on the travel ban, and it was focused on the narrow question of whether it should be blocked while courts consider its lawfulness. The decision is likely to be quickly appealed to the United States Supreme Court.

    That court remains short-handed and could deadlock. A 4-to-4 tie in the Supreme Court would leave the appeals court’s ruling in place. If the Supreme Court decides not to review the 9th Circuit decision or can’t muster a majority vote, the ruling from the San Francisco court will remain in place while the Seattle judge further examines its legality.

    But Trump was defiant in response to the ruling against his travel ban.

    Minutes after the ruling was issued Thursday night, Trump tweeted a message in all caps: “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”

    The American Civil Liberties Union, one of the many plaintiffs around the nation who have sued the administration over the travel ban, said this was just the first step.

    Former Republican Arkansas Gov. Mike Huckabee accused the court of protecting terrorists.

    The Council on American-Islamic Relations, which is opposed to the ban, greeted the ruling with a sigh of relief.