When Will Right To Default Bail Arise In Cases With No Minimum Term And Maximum Term Beyond 10 Years?SC To Examine

first_imgTop StoriesWhen Will Right To Default Bail Arise In Cases With No Minimum Term And Maximum Term Beyond 10 Years?SC To Examine LIVELAW NEWS NETWORK30 Jan 2021 9:24 PMShare This – xThe Supreme Court has decided to examine the legal position regarding the period required to file chargesheet, for the purposes of default bail under Section 167(2) of the Code of Criminal Procedure, when the offence does not prescribe a minimum sentence and the maximum term of imprisonment prescribed is more then ten years.A bench headed by Justice Ashok Bhushan issued notice on this question…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court has decided to examine the legal position regarding the period required to file chargesheet, for the purposes of default bail under Section 167(2) of the Code of Criminal Procedure, when the offence does not prescribe a minimum sentence and the maximum term of imprisonment prescribed is more then ten years.A bench headed by Justice Ashok Bhushan issued notice on this question of law in the case State (NCT of Delhi) v Rajeev Sharma.This was a special leave petition challenging an order of the Delhi High Court granting default bail to the accused on the ground that chargesheet was not filed within the period of 60 days.The accused was booked under Section 3 of the Official Secrets Act 1923, for allegedly leaking intelligence information to Chinese agents. The offence alleged against him attracted a maximum punishment of 14 years imprisonment; but it did not prescribe a minimum punishment.The Delhi High Court held that this was not a case covered under Section 167(2)(a)(i) of the CrPC, where 90 days period has been granted for filing chargesheet. As per Section 167(2)(a)(i), the period of 90 days for filing chargesheet is available, where the offence is punishable with death, imprisonment for life or imprisonment for a term of not less than ten years.The High Court relied on the interpretation given by the Supreme Court in Rakesh Kumar Paul v  State of Assam that Section 167(2)(a)(i) covers cases with a minimum sentence of 10 years. In Rakesh Kumar Paul, the Supreme Court by 2:1 majority held that accused will be entitled to default bail on failure of investigating agency to submit charge sheet within 60 days when the offence is punishable up to 10 years imprisonment(Justices Madan B Lokur and Deepak Gupta in majority, Justice Prafulla C Pant in dissent).Referring to Supreme Court precedents, the Delhi High Court in the instant case held :”…under the Official Secret Acts for which the petitioner is being tried, though entail punishment which may extend to 14 years but the Section does not talk of minimum period of sentence and thus does not pass the test of clear period of 10 years or more, per Rajeev Choudhary (supra) and Rakesh Paul (supra) and as such the period of challan in this case would be 60 days and thus the impugned order passed by the learned MM being illegal is set aside and the petition is allowed. The petitioner is thus entitled to default bail; the challan having not been filed within 60 days”.Hearing in the SLP in SCChallenging the High Court order, the Delhi police filed special leave petition in the Supreme Court.Appearing for the petitioner, Additional Solicitor General Aman Lekhi submitted that the the decision in “Rakesh Kumar Paul” required reconsideration. The ASG submitted that the dissenting view of Justice Pant was more legally tenable.”The expression “not less than 10 years” is fully attracted in the present case, and chargehsteet was filed in due time. The view taken by HC needs reconsideration”, the ASG submitted.The bench, also comprising Justices R Subhash Reddy and M R Shah, agreed to examine the legal question whether the present case is covered under the expressing “not less than 10 years” under Section 167(2)(a)(i).”Mr. Aman Lekhi, learned ASG appearing for the petitioner submits that as per provision of Section 167 (2)(a)(ii), Cr.P.C.,the expression “for a term not less than 10 years” is fully attracted in the facts of the present case and charge sheet was required to be filed within 90 days and the punishment for the offence which is alleged against the respondent has maximum punishment of 14 years, therefore the view taken by the High Court is not correct”, the bench noted in the order issuing notice.Since the bench is only hearing the legal question, it said that the matter will be heard on the next hearing date, which is after two weeks.Click here to read/download the orderClick here to read the Delhi HC orderNext Storylast_img read more

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Safa backs Bafana coach Igesund

first_img“We still have that [Botswana] match to play and also the Cosafa Cup next month. Once we are done with that, we have to start looking at the CHAN [African Nations Championships], as well as the qualification for the 2015 Afcon,” Nematandani said. ImpressedHe added that he was very impressed with the fighting spirit and commitment shown by the players despite some travel logistics nightmare in Cameroon. The South African Football Association (Safa) has moved to dampen speculation about the future of Bafana Bafana coach Gordon Igesund, with president Kirsten Nematandani saying Igesund’s contract runs until next year. Only then, Nematandani said on Tuesday, would the coach’s future come up for discussion. RequirementThe loss to the Walia Antelopes led to speculation that Igesund’s contract would be reviewed and that he would meet his employers soon to discuss his future, especially since one of the requirements put to him when he took over from Pitso Mosimane was to qualify the team for the World Cup. At that time the team had played two qualifiers and bagged only two points. 19 June 2013 “We are aware of the media reports doing rounds about Gordon’s future,” said Nematandani. “One thing must be made clear here, the coach’s future is not under discussion. The 2-1 defeat to Ethiopia effectively knocked Bafana Bafana out of contention for a place to Brazil 2014, although the team may be given a lifeline if Ethiopia is punished by Fifa for allegedly fielding an ineligible player against Botswana. Contract“He is the Bafana Bafana coach and we have a contract with Gordon until next year and I don’t know where the media is picking the story that we would meet the coach to talk about his contract. There is nothing like that.” Bafana Bafana trail Ethiopia by five points in Group A of the 2014 World Cup qualifiers with one match at home to Botswana remaining.center_img The Safa president said it was important to stay focused on the challenges at hand, which include the match against Botswana. The Safa president has in the past told the media about his admiration for Igesund, and reiterated these sentiments when the team arrived home on Monday from its World Cup qualifying assignments against the beat Central African Republic, which they won 3-0, and Ethiopia, which they lost 1-2. “We have to give credit to Gordon and his technical team for instilling that kind of fighting spirit.” “We have to commend Bafana Bafana for their fighting spirit against CAR and Ethiopia. If anything, our players can never be accused of not trying, especially against Ethiopia. They went down fighting and were just unfortunate on the day. However, Nematandani who was with the team on the two assignments, said Safa would not meet Igesund with regards to his contract because that item “is not on the agenda”. Nemtandani also said he was aware of reports that Ethiopia is facing Fifa sanctions after fielding a suspended player in their qualifier against Botswana. “In all fairness, this has nothing to do with us,” he said. “It is a matter between Botswana and Ethiopia, but we will wait and see.” SAinfo reporter and South African Football Associationlast_img read more

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Fistball’s finest come to South Africa for World Cup

first_imgCD AndersonThe little known but ancient sport of fistball is gaining popularity among South Africans looking for an active pastime that is a little different and a lot of fun. Their passion for the sport has culminated in the hosting of the fistball World Cup in Cape Town on 14 and 15 October 2016.What is fistball?Described as a faster, more aggressive version of volleyball, fistball dates back to 240AD. The sport became popular again in 16th century Italy, where the rules of the game were first officially devised and recorded.Watch and learn the game’s rules:During the late 19th century, fistball became popular in Germany, whose emigrants then spread the game to the rest of the world, including South America and West Africa.It was introduced into the United States in 1911, where it enjoyed small but enthusiastic support at some of the country’s youth summer camps.A world governing body was formed in 1960, which began holding international championship tournaments for men and women every four years. The sport is dominated by German-speaking countries such as Switzerland and Namibia (which won the 1995 championship), and South American countries such as Brazil and Argentina. Fistball is also part of the alternative, non-Olympic sports event, the World Games.By 2014, countries such as Australia, India and South Africa had started competing in the sport.The GaljoensMeet the stars of South African fistball: Dr Strangeglove, Moerfist, Mr Fistievous and the rest of team:The first South African team, and later the Fistball Association of South Africa (Fasa), was started in 2014 by Capetonian Leif Petersen, who was looking for an alternative sport to play as a way to make his mark representing his country.Petersen told the Mail & Guardian in 2015: “It’s always been every kid’s dream to play for their country, and as I gradually came to the realisation that I would never get the nod for the Proteas cricket team, I had to find a smaller pond where I could be a bigger fish.”Petersen brought together an eclectic group of local sport enthusiasts from all walks of life, including artists, business professionals, conservationists and refugees, to form the sport’s first amateur fistball team: the Galjoens, named after South Africa’s national [email protected] #MightyGaljoens Dr Strangeglove Moerfist & Mr Fistievous watch SA’s finest fistballing talent @ #FistballWorldCup 14-16Oct CTown pic.twitter.com/WM9KX3H2h1— CD Anderson (@bizarrojerri) October 13, 2016Playing in public parks with rudimentary equipment fashioned from safety barrier tape and tent poles, the sport proved to be a fun but gruelling way to bring together a variety of South Africans and combine their love of sport with good humour and ham-fisted puns.Soon other teams formed around Cape Town, including the Kaapse Fisters, the North Beach Knuckle-Dusters and Goldfister. The first annual South African championship, the aptly named Fistivus, was held in 2015.The Galjoens also took part in their first world championship, held in Argentina in November 2015. They finished last, but according to Petersen, a lot of fun was had at the tournament and the players learnt a lot about how the game was played on a global level.The Fistball World Cup8 days away before the kick-off of the @IFA_Fistball Men’s #Fistball World Cup! 14 & 15 October at Vygieskraal Sports Ground ? #faustball pic.twitter.com/N9T6V8VygP— FistballSouthAfrica (@FistballSA) October 6, 2016At the end of 2015, Petersen received approval from the fistball world governing body in Germany to hold a World Cup tournament, bringing the best fistball club teams in the world to compete in Cape Town on 14 and 15 October 2016.The event will be held at the Vygieskraal Sports Ground, Belgravia, Cape Town, and will feature visiting clubs from Germany, Brazil and Argentina. The tournament will also debut the long-awaited documentary on the unconventional story of fistball in South Africa, featuring interviews with players and highlights of all the local teams in action.For more information, visit the Fistball Association of South Africa Facebook page.Source: Mail & Guardian / Fistball Association of South AfricaSouthAfrica.info reporterWould you like to use this article in your publication or on your website? See: Using SouthAfrica.info materiallast_img read more

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Universal Access to Data Repositories

first_imgUniversal access to any structured repository is a compelling concept and something that truly warrants the description of being a ‘disruptive technology’.  It’s still a dream, but it has become the goal behind many new technologies now operating under the name of Enterprise Information Integration (EII).  A commonality behind all or most of the EII approaches is an attempt to create a single unified interface that can provide virtual access to many different data stores and repositories that may have implementations spanning vastly different data structures.The same trend towards creating a virtual interface spanning heterogeneous systems has also been happening in the world of enterprise content management (ECM).  The last twenty years have seen many many companies take their stab at the content management space, all creating products with different subsets of the ECM-space feature list and all of them with competing architectural and data models.  This is to be expected. Formtek is one of these many vendors — we’ve concentrated on our customers and created  quality solutions for the niche industries of their businesses.  Like many vendors, we feel that the unique solutions we’ve created address very specialized customer requirements.But concepts within ECM have been evolving over time and a lot of concepts have matured.  Some areas still continue to evolve today, especially in the areas of search and compliance.  But because of the ever on-going evolution, there never was an industry-wide shared vision for ECM with a detailed blueprint for how to achieve that vision.  This approach has been a healthy one, one that lets products and ideas compete, leading to solutions that address real-world problems.The result of this proliferation of systems is that large enterprises are finding that their data is being managed by multiple systems.  Creating and providing access to enterprise-wide Business Intelligence is hampered by the disparate systems.  Collaborative and Convergence technologies are attempting more and more to create consolidated views of all information across the enterprise.In the world of Java, one standard has come about for specifying a common method for accessing content repositories across multiple systems.  It is JSR-170 and is also known as the Content Repository API for Java or JCR.  Day Software has been the main proponent behind hammering out this standard.  Day’s visionaries Roy Fielding and David Nuescheler (spec lead) have been authors and promoters of the new approach towards standardizing the access across repositories.  They have made great attempts of trying to be inclusive by bring more than 60 vendors into the standardization process, including vendors like IBM, Oracle, Stellant and Filenet.  Day clearly outlines the benefits of a standard approach towards accessing content, and with broad support, this could be very disruptive.Day has also been leading a reference implementation of JSR-170 called the JackRabbit project.  It is being hosted as an Apache incubator project.The JackRabbit project, perhaps for portability reasons, is a non-DB based implementation of the JSR-170 spec.  It serves the purpose well as a reference implementation, but some question whether this implementation can be ‘industrial strength’ enough for enterprise applications — DB vendors have spent years wrestling with problems related to high-volume transactions and scalability. Other factors that have impeded acceptance of JSR-170 to date have been no major commercial vendors offering JSR-170 connectors for their repositories, the fact that the specification was frameworked within Java, the level of difficulty in creating a JSR-170 interface for an existing product, and the implications of being a lowest-common-denominator technology. Undoubtedly many ECM vendors view JSR-170 as a threat to their installed base and have been reluctant to move forward with the technology.  Day has helped to accelerate the process by creating connectors for two major vendors, Documentum/EMC and Filenet.  Day has also pledged to create JSR-170 connectors for OpenText LiveLink, Microsoft SharePoint, IBM Domino.doc, Software AG Tamino, and Interwoven. The availability of connectors to existing ECM systems will be a major decision point for determining whether or not the technology can be useful for customers or not.  Maybe a decision by Day (and others) to Open Source a collection of JSR-170 connectors for popular ECM vendor systems would truely accelerate the disruptive power of this technology — but this does not yet seem to be their current business strategy.Then there is the choice of Java.  The ‘J’ of JSR-170 is ‘Java’.  While the overall concept of JSR-170 need not be limited to Java, that was how it was framed, but it may be limiting to any kind of cross-over acceptance.  Over the last decade Java has had many successes and can clearly be called an enterprise-level technology.  Most of the major ECM vendors are heavily, if not predominantly, Java based in their implementations. But there are competitors to Java.  Java is most commonly compared against the .Net equivalent language, C#.  Actually Java has reached a phase where it is being questioned.  Some well-known Java proponents have even recently defected to newer technologies, like Ruby.  There are issues with Java as having poor performance, being too complex and just too ‘heavy’.  Especially in the area of web development, the Java-based solutions have not been too nimble, leading to an explosion now of Java-based ‘frameworks’ that try to fill the short-comings.Because of the wide range of web technologies available for thin-client development, JSR-170, a technology framed within the Java community, may not seem to be very compelling for Web Content Management systems that aren’t Java-based.  One open-source attempt to create a PHP equivalent implementation of JSR-170 does not seem to have gotten much traction.There is the issue of the difficulty in implementing technology.  Implementation may not be ‘difficult’, but it is certainly not trivial.  And as with all specifications, it often takes a lot of time to ensure true compliance with and complete understanding of a specification document.  More template connector code and more examples might help better seed the vendor community to motivate them to create/contribute connectors.Finally, there is the issue that the technology is lowest-common-denominator.  If you want to build an application on top of XYZ vendor’s technology, you’d be able to access a much richer level of functionality by using that vendor’s API rather than using the somewhat limited capabilities of JSR-170.Formtek has great interest in JSR-170.  The capabilities of JSR-170 could lead to some very interesting applications.  It has great potential, but it still seems to lack momentum, and needs to become more widespread to become very useful.  Day’s continuing contributions to the list of available connectors may change that.The jury is out on that, but JSR-170 and Jackrabbit has certainly generated a lot of interest.The approach that Formtek has taken towards EII has been SOA and Web Services.  We believe the momentum behind SOA technology is there today and at least in the short-term that this is the best approach.last_img read more

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No more Methadone in Yukons prisons

first_imgAPTN National NewsPrisoners at the Whitehorse correctional centre are being cut off Methadone.Methadone is used to treat drug addictions and is commonly used in other prisons in Canada.But in the Yukon it’s now being called a health risk.APTN’s Shirley Mclean has more.last_img

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HBO cuts ties with Russell Simmons amid second allegation

first_imgNEW YORK, N.Y. – HBO distanced itself from Russell Simmons and scrubbed his name from a stand-up comedy series he helped produce on the eve of its debut following a second sexual misconduct allegation.HBO said Thursday it will go ahead with Friday’s airing of “All Def Comedy” but will edit out any link to Simmons in the wake of allegations by screenwriter Jenny Lumet who claims that he had sex with her more than two decades ago despite her repeated demands that he stop.“Simmons will not appear in the new series and we will be removing his name from the show moving forward,” read a statement by HBO, which had previously been home to the Simmons’ pioneering “Def Comedy Jam.” ”We have no other projects with Russell Simmons.”HBO has previously proved willing to sever ties with starry names amid allegations of sexual misconduct. After Louis C.K. was accused of harassment, HBO removed the comedian from its “Night of Too Many Stars” special and took down his previous standup specials and series from its on-demand services.The latest allegations facing Simmons comes from Lumet, who co-wrote “The Mummy” in 2017 and “Rachel Getting Married” in 2008, wrote an essay for The Hollywood Reporter on Thursday in which she recalled Simmons sexually violating her in 1991, when she was 24.“I desperately wanted to keep the situation from escalating. I wanted you to feel that I was not going to be difficult. I wanted to stay as contained as I could,” wrote Lumet, the daughter of filmmaker Sidney Lumet.Simmons said in a statement released after the essay’s publication that Lumet’s memory of the night is “very different” from his, but it’s clear to him “that her feelings of fear and intimidation are real.” He apologized for being “thoughtless and insensitive” in some of his relationships. He said he would resign from his businesses because, “I don’t want to be a distraction.”Lumet wrote that she never told anyone about that night until last month after allegations lodged against movie mogul Harvey Weinstein unleashed a torrent of stories about sexual misbehaviour in multiple fields.Lumet said she went public after model Keri Claussen Khalighi said Simmons coerced her to perform a sex act and later penetrated her without her consent in his New York apartment in 1991.Simmons, 60, denied those allegations, saying everything that occurred between himself and Khalighi was completely consensual and with her “full participation.” He suggested that Khalighi’s accusation came from feeling shame.“I’m deeply saddened and truly shocked to learn of Keri’s assertions as to what happened over the course of that weekend,” Simmons said in the statement. He later wrote that he “never committed any acts of aggression or violence in my life” or would “never knowingly cause fear or harm to anyone.”Hollywood figures including Debra Messing and Ron Perlman praised Lumet for coming forward. Messing on Twitter thanks Lumet for “bravely sharing your harrowing experience” and Perlman said: “Every man or woman having trouble understanding the ripples of this abhorrent behaviour should read Ms. Lumet’s words.”Def Jam Recordings was founded in 1984 by Simmons and Rick Rubin, making stars of such hip-hop artists as LL Cool J, Slick Rick, The Beastie Boys and Public Enemy. Its roster currently includes Kanye West, Justin Bieber, Frank Ocean, Alessia Cara, Jeremih, Jeezy, Iggy Azalea, Big Sean, Nas and 2 Chainz.Simmons’ empire includes the Argyleculture clothing line, Rush Communications, yoga studio Tantris, the energy drink Celsius and the film and television production company Def Pictures, along with several other philanthropic efforts like the Rush Philanthropic Arts Foundation and the Diamond Empowerment Fund.He was married to TV personality and designer Kimora Lee Simmons from 1998-2009 and they had two daughters. She did not immediately respond to a request for comment from The Associated Press.Simmons is the latest figure in the entertainment world to have his career derailed by accusations of misconduct. The accused include Pixar and Disney Animation chief John Lasseter, actors Kevin Spacey and Jeffrey Tambor, writer-director James Toback and TV anchors Matt Lauer and Charlie Rose.last_img read more

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Experts to work with energy industry on oil price solutions for Alberta

first_imgNotley says the Canadian economy is losing $80 million every day because oil from Alberta is selling about $45 a barrel less than West Texas Intermediate in the United States.She says that’s because there is an oversupply of Alberta oil due to a lack of pipeline capacity to move it to markets.RELATED: Economic cost of Canadian oil price discounts counted in billions of dollarsNotley calls the price gap a “real and present” danger that has to be addressed in the long term with more pipelines.Make no mistake – the price gap is a real & present danger to the Cdn economy.My special envoys & the Energy Upgrading Unit will bring government, industry & workers together to think big, take action & supercharge energy upgrading in Alberta.#FightingForYou #KeepCanadaWorking pic.twitter.com/z23CaGF9fe— Rachel Notley (@RachelNotley) November 19, 2018The premier is travelling to Ottawa and Toronto next week to make her case.The experts are Robert Skinner of the University of Calgary’s School of Public Policy, deputy energy minister Coleen Volk and Brian Topp, Notley’s former chief of staff and a policy consultant. EDMONTON – Alberta Premier Rachel Notley has appointed three experts to work with the energy industry to find ways to close an oil price gap that is costing Canada tens of millions a day.Premier Rachel Notley’s full announcement: last_img read more

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Home2Suites and Browns raising money for firefighters charity

first_imgFORT ST. JOHN, B.C. — The Home2Suites by Hilton and Browns Socialhouse in Fort St. John are hosting a fundraiser barbecue in support of the Fort St. John Firefighters Charitable Society today.Browns General Manager Vince Van Wieringen said that the two organizations decided to host the barbecue as a way of saying thank you to members of the Fort St. John Fire Department and the local RCMP detachment for their contribution to making sure all residents were able to safely evacuate from the Ridgeview Village apartment fire just over a week ago. Van Wieringen said that originally, organizers were looking to raise money for the building’s evacuees. However, he said that after learning that all of the building’s residents were fully covered by insurance, organizers decided to donate the money to the local firefighters charity as a way of saying ‘thank-you’ for their efforts.Van Wieringen said that as of 1:00 p.m., over 100 residents had come down to the hotel’s parking lot to enjoy a burger.The event is taking place at the parking lot of the Home2Suites by Hilton on Alaska Road South until 2:00 p.m. UPDATE: Home2Suites Sales Manager Nadya McLean says that in total, yesterday’s fundraiser brought in $842.50.last_img read more

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Alberta government contract to result in three new solar power plants

first_imgCALGARY, A.B. – The Alberta government is granting a 20-year contract to supply about half of its electric power needs to a partnership that plans to build three new solar power plants for more than $100 million.Environment and Parks Minister Shannon Phillips says the contract to supply about 55 percent of the government’s annual power consumption will shave $3.9 million per year from the current expiring contracts.She says the winning bid of 4.8 cents per kilowatt-hour by 50-50 partners Canadian Solar Solutions Inc. of Guelph, Ont., and Conklin Metis Local 193 of southern Alberta was selected from 19 companies through a competitive procurement process. John Gorman, CEO of the Canadian Solar Industries Association, said during the announcement the power price is so low it’s “almost unbelievable,” adding it is less than the average cost of building natural gas-powered power generation.Ryan Tourigny, director of development for Canadian Solar, says construction on the three plants at Hays, Jenner and Tilley in southern Alberta will begin in early 2020 and are expected to come on stream in 2021.The plants are to produce about 94 megawatts at peak times, enough to power about 20,000 homes, and about 270 jobs will be created during construction.last_img read more

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Sunanda Pushkar death case: Court reserves order for May 13 on Swamy’s plea

first_imgNew Delhi: A Delhi court on Saturday reserved its order for May 13 on Subramanian Swamy’s plea seeking to be part of the trial in the death of Sunanda Pushkar, wife of Congress MP Shashi Tharoor. Special judge Arun Bhardwaj passed the order after hearing all the parties. Swamy’s plea has also sought to bring on record the Delhi Police’s vigilance report on tampering of evidence in the case and claimed that it might lead to framing of additional charges. Pushkar was found dead in a suite of a luxury hotel in the city on the night of January 17, 2014. The couple were staying in the hotel as the official bungalow of Tharoor was being renovated at that time. The former Union minister has been charged under sections 498-A (husband or his relative subjecting a woman to cruelty) and 306 (abetment of suicide) of the IPC.last_img read more

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