Sat, 27th May 2017

Anirudh Sethi Report


Archives of “Criminal law” Tag

South Korean scandal reaches climax with arrest of Park

The political scandal that has rocked South Korea since October is coming to a boil after a Seoul court approved a warrant for the arrest of impeached President Park Geun-hye early Friday.

The former leader abused her power by collecting money from businesses and violating the freedom of corporate management, the prosecutors’ office had said when requesting the warrant. She denied the allegations against her at an earlier questioning and could destroy evidence unless detained, they explained.

Out of 690 new MLAs 192 have criminal cases, 540 are ‘crorepatis’: Report

Of the 690 newly elected MLAs to the five state assemblies as many as 192 have criminal cases against them, while 540 of the total are ‘crorepatis’, says a report.

National Election Watch (NEW) and Association for Democratic Reforms (ADR) have analysed jointly the self-sworn affidavits of 689 out of 690 newly elected MLAs in the five states of Uttar Pradesh, Punjab, Uttarakhand, Manipur and Goa. Details of one candidate have not been analysed.

“Out of the 689 MLAs analysed, 192 (28 per cent) MLAs have declared criminal cases against themselves,” the ADR report said.

Besides, 140 MLAs have declared serious criminal cases including cases such as murder and attempt to murder, up from 100 in 2012.

Uttar Pradesh has 36 per cent MLAs with declared criminal cases, followed by Uttarakhand (31 per cent), Goa (23 per cent), Punjab (14 per cent) and Manipur (3 per cent).

Moreover, there are 27 per cent MLAs with serious declared criminal cases in UP, Uttarakhand (20 per cent), Goa (15 per cent), Punjab (9 per cent) and Manipur (3 per cent), it said.

Prosecutors seek arrest warrant for Samsung chief Lee Jae-yong

Special prosecutors in Seoul on Monday requested an arrest warrant for the de facto head of Samsung, the country’s largest company, as a corruption scandal that toppled president Park Geun-hye ensnared another powerful South Korean figure.

Lee Jae-yong, vice chairman of Samsung Electronics and heir to the company, is wanted on charges of bribery, according to prosecutors who grilled the country’s top executive during a marathon 22-hour interrogation late last week.

Samsung were unable to comment immediately. However, the development will likely be a stunning blow to the company as its attempts to solidify the succession of Mr Lee as chief and to reform its corporate governance structure.

Google search results list PM Modi in “top 10 criminals”; company gets court notice

Google finds itself in a legal soup in India with an Allahabad court sending notice to the global search engine for allegedly listing PM Narendra Modi among top 10 criminals in the world.

According to a TOI report, the notice has been sent to Google, its CEO and the company’s India head. A criminal case will also be registered against Google and its officials, the report said.

The Court’s direction comes after a complaint filed by an advocate. The complainant reportedly said that when one uses Google to search for the “top ten criminals of the world”, PM Modi’s image is shown.

The complainant also claims to have written to Google asking the search giant to remove the Prime Minister’s image but did not elicit any response.

The search giant is already fighting multiple cases across the world for cases such as “abuse of monopoly”.

Third Suspect in Brussels Attacks, Captured by Surveillance, Still at Large

CCTV surveillance image shows three men identified as suspects in the Brussels attacks.On Tuesday, two suicide attacks took place at the Brussels Airport departure hall in the northeastern municipality of Zaventem and another explosion inside a subway carriage at the Maelbeek station near EU institutions. At least 31 people were killed and 300 were injured in the attacks.

On Wednesday, Belgian Federal Prosecutor Frederic Van Leeuw identified the Maelbeek suicide bomber as Khalid Bakraoui, and said his brother Ibrahim was one of two perpetrators of the blasts in Zaventem. Both of the brothers are believed to have been killed in the airport blast.

Belgian Interior Minister Jan Jambon said as cited by CNN on Thursday, that a third man, seen in surveillance images together with Ibrahim and Khalid, is believed to still be at large. According to Jambon, the man placed a third bomb at the Brussels airport and left. The bomb did not go off in the attacks and was detonated by authorities in a controlled explosion.

China Outlaws TV Scenes Contradicting ‘Common Values’

According to the new guidelines, all television series in China are required to exclude contents involving same-sex romance, extramarital affairs, underage love and other concepts allegedly discrediting China’s “common values,” the paper reported.

The authorities outlawed detailed crime investigation scenes to be shown on television, allegedly in a bid to prevent inspiring criminals, the paper reported.

The prohibition also concerns scenes depicting reincarnation and witchcraft, according to the paper.

Underage love, smoking, drinking and fighting were also prohibited from television screens. The authorities reportedly cited potential “bad influences on juveniles” as a reason for the ban.

ED scanner on Indians named in HSBC list

Tightening the noose around Indians whose names figured in the “stolen” Swiss HSBC bank black money list, the Enforcement Directorate (ED) has begun a preliminary investigation in these cases for an independent hawala and money laundering probe. The agency recently began obtaining details of the income tax department’s prosecution chargesheets, from various court registries, filed against over 140 entities till now.

The ED and the special investigation team (SIT) on black money desired that these cases be shared by the tax department and its apex policy-making body the Central Board of Direct Taxes (CBDT) with the former agency but the request had been continuously turned down citing strict treaty obligations riding the exchange of data from the authorities of foreign shores by India.

People privy to the development say the agency, sometime back, finally decided to obtain the case reports from various courts in the country and examine them. Some cases have already been obtained by the agency, they said. They said a number of cases in the HSBC list, provided to India by the French government a few years back after they were allegedly “stolen” by an employee, prima facie invite charges under the Foreign Exchange Management Act (FEMA) and many of them would also attract the stringent provisions of the Prevention of Money Laundering Act (PMLA).

Greek Cyber Crime Unit To Investigate Varoufakis’ Secret Drachma Plan

It’s been exactly one month since Yanis Varoufakis resigned his post as Greek Finance Minister, but his legend has only grown. 

The self-proclaimed “erratic Marxist” whose exploits in the Greek finance ministry include driving German FinMin Wolfgang Schaeuble to the edge of insanity and posing for a Paris Match photoshoot that was anything but austere, one-upped himself on July 16 when, in a recorded call with “international hedge funds,” he detailed a James Bond-ish plot to set up a parallel payment system in Greece by creating secret accounts using tax filer numbers for individuals and corporations which he would obtain by hacking into the troika-controlled General Secretary of Public Revenues. The full audio recording of the call was eventually released. 

Varoufakis would later tell The Telegraph that “they” are out to get him for his “cloak and dagger” drachma plan. “The context of all this is that they want to present me as a rogue finance minister, and have me indicted for treason,” he told Ambrose Evans-Pritchard.

Although it’s not entirely clear why having a Plan B constitutes a punishable offense (indeed, under the circumstances, it seems like the punishable offense would be not having a plan B), it looks like the chief prosecutor of the Athens First Instance Court is prepared to portray Varoufakis as a cyber crime mastermind and will now launch a full scale investigation into the General Secretariat for Public Revenues plot. Here’s Kathimerini with more:

Charlie Hebdo suspects killed in raid – AFP

There is a report in AFP that the hostage at the printworks has been freed and the two suspects killed. They are believed to be responsible for the Charlie Hebdo massacre.

An assault is underway at the second hostage site and there are reports that several hostages have been freed.

Oscar Pistorius found guilty of culpable homicide

Oscar Pistorius, the Olympic and Paralympic star, has been found guilty of culpable homicide for the shooting of his model girlfriend, Reeva Steenkamp.

 Judge Thokozile Masipa, who began reading her judgement on Thursday after a drama-filled, six-month trial, had already ruled that state prosecutors had failed beyond reasonable doubt to prove that Mr Pistorius was guilty of murder.

However, she did criticise the 27-year-old double amputee for being a “very poor” and evasive witness, while ruling that he acted unlawfully and was “negligent.”

“He failed to take any steps to avoid the resultant death. I am of the view that the accused acted too hastily and used excessive force,” Judge Masipa said on Thursday. “In the circumstances it is clear that his conduct was negligent.”

She said she believed that Mr Pistorius was genuine in his belief at the time of the shooting that there was an intruder in his house. But the judge was critical of his response to the perceived threat.