KERALA GOLD SMUGGLING CASE: CHANCES OF GREATER INVOLVEMENT INCLUDING UAE DIPLOMAT, CASE SHIFTED TO NIA

An expectant bail request has been documented in the Kerala High Court by Swapna Praba Suresh, a suspect for the situation identifying with the gold carrying through the Thiruvananthapuram International Airport. In her expectant bail appeal, she said that she was guiltless and had not carried out any criminal offences. The case has been registered and been heard in the name of (Swapna Prabha Suresh v. Customs Preventive Commissionerate, Cochin).

She brought up that she had left her post as official secretary in the Consulate General Office of the United Arab Emirates (UAE) and joined as an agreement staff in the Price water house Coopers Limited which is managing the Space Park Project under the State IT office. Nonetheless, she was all the while working with the Consulate as secretary on “demand premise” taking into account the COVID-19 situation.She claimed in the bail appeal that Rashid Khmis Al Sheimelli, who is the current Acting Charge of the Consulate General of UAE, had guided her to check with the traditions authorities in regards to the postponement of his transfer which showed up in the freight on June 30 and again on July 1. The Consulate General had taught her to contact the traditions official, load complex Thiruvananthapuram. As a major aspect of releasing her official obligations, she had considered the Assistant Commissioner of Customs and checked the status of the conciliatory load.

According to the solicitation of the Assistant Commissioner of Customs, Air Cargo complex, the Consul General in control went to the load complex and conceded before the traditions authority that the payload had a place with him. The freight was opened on July 5 within the sight of the senior authorities from the High Commissioner of Delhi alongside the Consul General and discovered 30 kg of gold disguised in the load.

She had no association or inclusion in the sneaking of the gold. She had just reached the Assistant Commissioner of Customs over telephone according to the guidelines from the Consulate General as a major aspect of her official work. She had been erroneously embroiled for the situation. She expected that there was each chance of her being embroiled for the situation. Additionally, she had no criminal forerunners. Subsequently, she argued that the Assistant Commissioner of Customs be coordinated to discharge her on bail in case of her capture. Presently the case has been moved to the hands of NIA where The NIA case, as indicated by sources, will be enlisted under .Section 15, 16, 17 and 18 of the Unlawful Activities (Prevention) Act, 2004, which basically identify with a fear monger act and dread subsidising.

(BY- ADARSH KHUNTIA)

Surrender can never be interpreted to consensual sexual activities : Kerala HC upholds conviction of a rape accused

The Kerala High Court has perceived that only those sexual intercourse which are permitted could be interpreted as not in contravene to the rights of the victim, and welcomed as concordant. The case against the prosecution was that, he committed rape on the victim girl, a minor aged 14 years belonging to a Scheduled Caste, and impregnated her. The Trial Court held him guilty of the offence punishable under Section 376 of the Indian Penal Code. It is evident from the petitioner’s contention the age of the victim girl and failed to held that this case comes under the purview of the the definition of ‘rape’ in terms of Section 375 of the IPC. Justice PB Suresh Kumar observed that mere action of forbearance in the light of unavoidable obligation, dormancy, stoical or submitting, when preference is either clouded by fear or comprised by coercion, cannot be estimated as giving consent

The Court added that the Sexual assaults including rape are crimes of gender inequality. In ground reality, sex that is actually desired by a woman is never termed consensual, for when a sexual interaction is equal, consent is not needed and when it is unequal, the consent doesn’t amount to equality in opinions. The bench touched on to a judgement of the United States Supreme Court in Meritor Savings Bank, FSB v. Mechelle Vinson et al. [477 US. 57 (1986)] , which it was held that agreeableness and not consent, shall be the basis for sex that does not infringe the rights of women congruence with gender equality.

The Kerala High Court dismissed the appeal and ratifying the conviction of the accused.

(BY VASUNDHARA DHAR)

Kerala Bar Council to conduct first online Enrollment ceremony

Kerala Bar Council has decided to conduct first online enrolment ceremony on June 27 amid Covid 19 crises. The ceremony will be held via Webex meeting after three trail runs scheduled on June 16, 17 and 26. The online enrolment will be conducted only after successful compilation of trail run for eligible candidate.  

The notification further states, Those candidate who wish to be a part of the online enrolment programme shall file an undertaking and has to upload the same on or before June 16 and the original undertaking shall be forwarded to the secretary, Bar Council of Kerala by speed post within June 17. 

In case the candidates have non availability of Smartphone/desktop etc the candidate can seek help of Akshaya Center or similar service provider. Defective applications will stand void.

(By- Siddharth Addy)