Latest news with #HighCourt


Extra.ie
an hour ago
- Politics
- Extra.ie
Family of Denis Donaldson say Gerry Adams 'retraumatised' them with libel action
The family of murdered informant Denis Donaldson have called for a public inquiry into his death, as they accused Gerry Adams of 'retraumatising' them with his libel action against the BBC. The former Sinn Féin president yesterday said he has 'put manners' on the BBC, after winning €100,000 in damages over an allegation that he sanctioned the murder of the British spy. Mr Adams had sued the BBC in the High Court in Dublin, claiming it wrongly alleged that he had the 'final say' in the death of Sinn Féin official and informant Denis Donaldson. Gerry Adams. Pic: Brian Lawless/PA Wire Mr Donaldson was shot dead in Donegal in April 2006, four months after confessing that he had been an agent for the British security forces for 20 years. The murder remains unsolved. Mr Adams, who has been both a TD and an MP, said the 2016 Spotlight documentary, Spy In The IRA, had damaged his reputation as a peacemaker. He said the programme was a 'grievous smear' and a 'hatchet job' – and the jury agreed. Gerry Adams. Pic: Brian Lawless/PA Wire Following the verdict, Mr Donaldson's daughter Jane called for an urgent public inquiry into her father's violent death. Speaking on behalf of her immediate family, she said: 'By reducing events which damaged our lives to a debate about damage to his reputation, the plaintiff has trivialised our family tragedy. 'Daddy's murder and surrounding circumstances devastated our family. The plaintiff prioritised his own financial and reputational interests over any regard for retraumatising my family.' She continued: 'We are still no closer to the truth. No one spoke for my family in court. We supported neither side in this case.' Gerry Adams. Pic: Collins Courts She said her family had been 'stonewalled' in their pursuit of the truth, while 'limitless' legal resources and vast expense were invested in the High Court case. She noted that an inquest into Mr Donaldson's death had been postponed 27 times, and said the family had been refused a judgeled commission of investigation. She said the public interest could Plaintiff: only be Gerry served by Adams some form of public inquiry, with a crossborder dimension, 'empowered to investigate the whole truth about the conspiracy to expose and murder my daddy'. Adam Smyth, director of the BBC in the North, said the broadcast and online article 'were of the highest public interest'. 'We didn't want to come to court, but it was important that we defend our journalism and we stand by that decision,' he said after the verdict yesterday. Mr Smyth added that the implications of this case will be 'profound'. 'If the BBC's case cannot be won under existing Irish defamation law, it's hard to see how anyone's could,' he explained. The head of the National Union of Journalists (NUJ) in Ireland, Séamus Dooley, said the case 'underlined' the need for reform of the defamation legislation. 'As an official representing BBC journalists I was disappointed at the comments made by Mr Adams regarding the organisation' he said, referring to his claim to have 'put manners' on the broadcaster. 'Spotlight has a proud history of investigative journalism and the outcome of this case does not take from that history.' He said the scale of damages gave rise to serious concern for media organisations. 'The NUJ has long sought reform of defamation law and Twitter,' he said. The BBC had argued that the documentary, and a follow-up online article, were fair and reasonable publications on a matter of public interest. Facing potential legal costs of over €1.5million for the four-week case, it said yesterday that the implications of the verdict for investigative journalism in the future 'will be profound'. Mr Adams's reputation was at the core of the case, with the BBC maintaining that the public believed him to have been a senior member of the IRA for many years. The broadcaster's barrister, Eoin McCullough, had said: 'If a person has the reputation of having been in the IRA or on the army council, or having presided over a campaign in which many people were killed, they should not be awarded damages on account of the allegation that the final order for one more murder lay with him.' However, the jury found that the words used in the documentary, and a follow-up online news article, were defamatory, and awarded €100,000 to restore Mr Adams's reputation. Speaking outside court, Mr Adams – who has said the money will be given to charity – told the waiting media that he had flaws in his character, but that he had 'always been satisfied with my reputation'. He continued: 'From my perspective, taking this case was about putting manners on the British Broadcasting Corporation. I know many, many journalists. I like to think that I get on well with most of them… 'But the British Broadcasting Corporation upholds the ethos of the British state in Ireland and in my view, it's out of sync in many, many fronts with the Good Friday Agreement.' Mr Adams said he was mindful that Mr Donaldson's family had to 'watch all of this'. He called on Justice Minister Jim O'Callaghan to meet with the Donaldson family 'as quickly as possible'. Mr Adams's legal team had said the programme was reckless journalism, based on an unverified allegation from a single anonymous source. The BBC had countered that the claim was presented as an allegation and not a fact, and that it was corroborated by five other sources including the security services.


News18
2 hours ago
- Politics
- News18
SC Cancels Bail Of Five In Bengal Post-Poll Violence, Terms Attack ‘Assault On Democracy'
Last Updated: Calling the incident a 'grave attack on the roots of democracy,' the Court directed the accused to surrender within two weeks or face coercive action The Supreme Court on Thursday set aside the Calcutta High Court's orders granting bail to five men accused in a post-poll violence case involving rioting, assault, and an attempt to rape in West Bengal. Calling the incident a 'grave attack on the roots of democracy," the Court directed the accused to surrender within two weeks or face coercive action. The Bench of Justice Vikram Nath and Justice Sandeep Mehta allowed appeals filed by the Central Bureau of Investigation (CBI) challenging the High Court's bail orders dated 24 January 2023 and 13 April 2023. The accused — Sekh Jamir, Sekh Nurai, Sekh Asraf @ Sk Rahul @ Asraf, Jayanta Dome, and Sekh Kabirul — were arrested in connection with an incident that occurred on 2 May 2021, the day the West Bengal Assembly election results were declared. Facts of the Case According to the complainant, a Hindu resident of Gumsima village in Birbhum district, the accused were part of a mob that attacked his home with bombs, sticks, iron rods, and firearms in retaliation for his support of the Bharatiya Janata Party (BJP). He alleged that he and his family were assaulted, their home looted, and that his wife was disrobed and molested during the attack. The violence was reportedly led by another accused, Sekh Mahim, and the mob was estimated to have consisted of 40–50 people. Court's Observations The Court strongly criticised the High Court's decision to grant bail in such a serious case. 'The present one is a case wherein the allegations against the accused respondents are so grave that the same shake the conscience of the Court," the Bench said. 'Furthermore, there is an imminent propensity of the accused persons adversely affecting the proceedings of the trial," it said. The Court noted that the assault appeared to be a 'concerted act of vengeance" for the complainant's political allegiance. 'The concerted attack on the complainant's house was launched on the day of the election results with the sole objective of wreaking vengeance because he had supported the saffron party," the Court said. It added, 'This is a grave circumstance which convinces us that the accused persons… were trying to terrorise the members of the opposite political party." The Bench described the conduct of the accused as an effort to subdue political opponents 'by hook or by crook," saying the incident amounted to an 'attack on the roots of democracy." The Court also took serious note of the local police's refusal to register the complainant's FIR. The complainant had gone to the Sadaipur Police Station on 3 May 2021, but the officer-in-charge allegedly refused to register a case and advised the family to leave the village for their safety. The Court said this substantiated the complainant's fear about the influence wielded by the accused. The FIR was eventually registered by the CBI on 16 December 2021, after the Calcutta High Court, in a separate batch of writ petitions, directed the central agency to investigate all post-poll violence cases involving murder and crimes against women. The CBI subsequently filed a charge sheet under Sections 34, 148, 149, 326, 354, 511, read with 376D and 450 of the Indian Penal Code. The Court emphasised that the law on bail and its cancellation is well-settled. While bail granted should not ordinarily be cancelled, it may be revoked if the allegations are grave, if the accused are likely to tamper with evidence, or if their continued liberty threatens the integrity of the trial. It found that there was prima facie material suggesting that the accused had formed an unlawful assembly and committed serious offences, including the attempted sexual assault of the complainant's wife. It further noted that the trial had not progressed since the filing of the charge sheet in 2022, attributing the delay to the accused's non-cooperation. 'There is no apparent distinction between the roles of the accused respondents and others who disrobed the complainant's wife," the Court said. 'The nature and gravity of the offence, coupled with the likelihood of the accused interfering with a fair trial, justifies cancellation of bail," it added. The Court directed the accused to surrender before the trial court within two weeks. Failing this, coercive steps are to be taken to ensure their presence. Upon surrender or arrest, they will be remanded to judicial custody. To ensure justice is not further delayed, the Court ordered the trial court to conclude the trial within six months. It vacated any stay on the proceedings and directed the Home Secretary and Director General of Police of West Bengal to ensure the safety of the complainant and key witnesses. Any violation is to be immediately reported to the Court by the CBI or the complainant. About the Author Sukriti Mishra Sukriti Mishra, a Lawbeat correspondent, graduated in 2022 and worked as a trainee journalist for 4 months, after which she picked up on the nuances of reporting well. She extensively covers courts in Delhi. Watch India Pakistan Breaking News on CNN-News18. Get breaking news, in-depth analysis, and expert perspectives on everything from politics to crime and society. Stay informed with the latest India news only on News18. Download the News18 App to stay updated! First Published: May 31, 2025, 17:26 IST


Hindustan Times
2 hours ago
- Politics
- Hindustan Times
Former school teacher 'deported to Bangladesh' returns home in Assam
Morigaon , A former school teacher, who was detained by Assam Police on the charges of being a foreigner and allegedly deported to Bangladesh, returned to his home in Morigaon district on Saturday, an officer said. Khairul Islam and eight others were picked up from different parts of the district on May 24 but family members claimed they were not told about their whereabouts. Islam's family had claimed that they saw him in a video purportedly showing him being taken to Bangladesh. They claimed he was "shot at" at the India-Bangladesh border in South Salmara Mankachar district. Islam's family members claimed that the police brought him home on Saturday morning. An officer of the Assam Border Police said that his medical check-up was conducted and he was found to be physically fit. The officer, however, refused to divulge details on where he was detained. The other eight persons who were picked up along with Islam have been shifted to a detention centre at Matia in Goalpara district, police said. Their family members claimed that their appeals were pending before either the Supreme Court or the Gauhati High Court. Islam's wife Rita Khanam had said on Friday that her husband is a former school teacher and a law-abiding citizen. She claimed that policemen had come to their residence at night, and took him away, saying they have some questions to ask and he can return home after that but since then the family was not given any information about his whereabouts till the video surfaced. Islam, along with his three siblings, was declared a foreigner by the Foreigner Tribunals in 2016, against which he had approached the Gauhati High Court. The High Court had upheld the FT decision, leading to Islam's detention in 2018. He was set free in 2020 following a Supreme Court general order for releasing all detainees who have spent more than two years term. Khanam claimed that her husband's appeal against the FT decision is pending before the Supreme Court. Islam's mother Jahanara was a member of the village panchayat in the last term and all members of the family, including the former school teacher, had voted in the just concluded rural polls in the state, the family claimed. Assam Chief Minister Himanta Biswa Sarma had asserted that the detection of foreigners in the state will be expedited and action against Declared Foreign Nationals will be taken as per the law. The chief minister had said that the course open to those who have been declared foreigners by the Tribunal is to appeal to the High Court. If some say that they have appeals pending before the Supreme Court or High Court, then no action will be taken against them but those who have not appealed in the higher judiciary, will be pushed back, he said. The chief minister pointed out that if a person who is once declared a foreign national by the Tribunal does not challenge it in the court then their ''right to stay in Assam is forfeited''.


India Today
2 hours ago
- Entertainment
- India Today
Director gets bail in rape case, court says another matter of false complaint
The Delhi High Court has granted bail to film director Sanoj Mishra, who made headlines after offering a role to viral Mahakumbh Mela girl Monalisa, in connection with a rape case. In its order, the High Court said it was another case of a false complaint related to sexual complainant, a 28-year-old woman, alleged that she met Mishra through social media platforms TikTok and Instagram in 2020 while living in Uttar Pradesh's Jhansi. The accused allegedly coerced her into meeting him by threatening suicide. On June 18, 2021, he took her to a resort, drugged her and sexually assaulted Delhi High Court granted bail to the 45-year-old film director after the woman, in her affidavit, said she was living in a consensual live-in relationship with him. The woman had claimed she filed a complaint against Mishra under the influence of some of his rivals. In its order, the High Court said that such false complaints related to sexual harassment should be dealt with force and court also said that every false complaint of sexual crimes not only caused great harm to the person accused in the case, but also created a sense of distrust along with condemnation in entire to this, even complaints of rape victims/survivors were doubted to be false, the court further said, adding that such moves shook people's trust in the judicial THE WOMAN HAD ALLEGED?advertisementThe woman had claimed that Mishra took objectionable photos and videos of her, using them to blackmail her into a relationship. He allegedly lured her with promises of marriage and film opportunities, forcing her into a live-in relationship in Mumbai. During this time, he allegedly assaulted her on multiple occasions and forced her to undergo three February 2025, the film director allegedly abandoned her and threatened to leak her private pictures and videos if she filed a complaint against is married and resides with his family in Mumbai. IN THIS STORY#Delhi


United News of India
3 hours ago
- Politics
- United News of India
Siddaramaiah govt tried to free rioters: Union Minister Karandlaje
Bengaluru, May 31 (UNI) In a sharp escalation of her attack against the Congress-led government in Karnataka, BJP MP and Union Minister Shobha Karandlaje on Saturday accused the Siddaramaiah administration of attempting to shield and rehabilitate criminals by seeking to withdraw 43 serious criminal cases linked to communal violence, arson as well as attacks on police personnel in Hubballi-Dharwad. Addressing reporters here, Karandlaje said the Congress government's move to drop the cases, including those which involved charges of rioting, attempted murder, and destruction of public property, was halted only after the High Court intervened. "These 43 cases involved more number of accused. Had the High Court not stepped in, these criminals would have been out on the streets, ready to target our youths again. What kind of government tries to protect such elements?" she asked. Karandlaje alleged that the government's intent was clear: to appease vote banks by quietly clearing criminal records of politically aligned elements. She said the move not only undermined the morale of the police force but sent a dangerous message to lawbreakers that political patronage could override justice. "We are seeing a dangerous collapse of law and order in Karnataka. In Hubballi-Dharwad, a police station was torched, shops were set on fire, and innocent people were assaulted. Instead of ensuring justice, the Congress cabinet moved to withdraw the very cases that were meant to bring the perpetrators to book," she added. According to Karandlaje, the Congress government had prepared a proposal to drop the 43 cases and place it before the Cabinet, but public outcry and a legal petition forced the Karnataka High Court to halt the decision. The MP further questioned the silence of Chief Minister Siddaramaiah and Deputy CM DK Shivakumar on the issue, alleging that senior ministers were either complicit or indifferent. She said this is the first time Karnataka has seen a government so determined to protect the guilty rather than the victims. She also alleged that Home Minister Dr G Parameshwara was himself embroiled in legal troubles related to the Ranya Rao case and was in no position to uphold law and order in the state. Karandlaje linked the attempted case withdrawals to a broader breakdown in governance. "District ministers are not visiting the districts. The CM is holed up in Bengaluru or flies to Mysuru in a chopper. No reviews are being conducted, no accountability exists. Officials are operating without direction or fear of consequence," she alleged. She warned that if such trends continue unchecked, Karnataka would become a haven for criminal elements emboldened by political protection. "This government is not for the people. It is for a select few — those with influence, those with muscle. The rest of Karnataka is being left to fend for itself," Karandlaje said. The Karnataka government has yet to issue a formal response to the High Court's intervention or to Karandlaje's allegations. (The Karnataka High Court on Thursday set aside the Government order, directing public prosecutors to withdraw 43 criminal cases registered/pending against persons accused of various offences including rioting, attempt to murder, stated to include highly influential persons including politicians, in breach of Section 321 of Criminal Procedure Code. (Among them were criminal prosecutions related to the Hubballi riots, where mobs allegedly attacked a police station, as well as cases involving serious charges such as attempt to murder, rioting, and assault on police officers.) UNI BDN RN