Latest news with #Restitution
Hindustan Times
5 days ago
- Politics
- Hindustan Times
KPs urge political parties to support bill on return of Kashmiri Hindus
Kashmiri Pandits welcomed the recommendation made by President Droupadi Murmu to a bill on the return and rehabilitation of Kashmiri Hindus in the Valley and urged political parties to vote for and support the bill concerning the community's rehabilitation. President Droupadi Murmu has recommended a private member's bill calling for the rehabilitation and resettlement of Kashmiri Pandits for consideration in the Rajya Sabha. (HT File) President Droupadi Murmu has recommended a private member's bill calling for the rehabilitation and resettlement of Kashmiri Pandits for consideration in the Rajya Sabha. The Kashmiri Pandits (Recourse, Restitution, Rehabilitation and Resettlement) Bill, 2022, was introduced in the Rajya Sabha by Congress member Vivek Tankha on February 2, 2024, but required the President's recommendation as it involves financial implications. The bill will be taken up for voting in the Rajya Sabha in the current session. 'We welcome the recommendation of the President to the private member's bill on the return and rehabilitation of KPs in the Valley. It has rekindled hope among the community on the issue,' former Jammu Computer Dealers Association President Arvind Kumar said here. He further urged all political parties to come forward to support, vote for, and pass the bill tabled in the Rajya Sabha by Vivek Tankha. Similarly, businessman P L Koul also thanked the President. 'For the first time in Parliament, a private member's bill titled Kashmiri Pandits (Recourse, Restitution, Rehabilitation and Resettlement) Bill, 2022, has been recommended by the President for consideration in the House, subject to time constraints,' Tankha said in a post on X. Panun Kashmir rejects bill, calls it an attempt to subvert homeland demand Meanwhile, Panun Kashmir, an organisation advocating the cause of displaced Kashmiri Pandits, rejected the bill, saying it subverts the issues of 'genocide' and the demand for a homeland for the community in Kashmir. 'We strongly reject the Kashmiri Pandits bill currently pending in the Rajya Sabha. The bill is an attempt to derail the discourse on genocide recognition and to deflect attention from the foundational demands of the displaced community of carving out a homeland for them in the Valley,' a joint statement issued by the organisation said.
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Business Standard
5 days ago
- Politics
- Business Standard
Kashmiri Pandits urge parties to back bill on return and rehabilitation
Kashmiri Pandits welcomed the recommendation made by President Droupadi Murmu to a bill on the return and rehabilitation of Kashmiri Hindus in the Valley and urged political parties to vote for and support the bill concerning the community's rehabilitation. President Droupadi Murmu has recommended a private member's bill calling for the rehabilitation and resettlement of Kashmiri Pandits for consideration in the Rajya Sabha. The Kashmiri Pandits (Recourse, Restitution, Rehabilitation and Resettlement) Bill, 2022, was introduced in the Rajya Sabha by Congress member Vivek Tankha on February 2, 2024, but required the President's recommendation as it involves financial implications. The bill will be taken up for voting in the Rajya Sabha in the current session. Kashmiri Pandits have welcomed the President's recommendation and expressed their happiness over the move. "We welcome the recommendation of the President to the private member's bill on the return and rehabilitation of KPs in the Valley. It has rekindled hope among the community on the issue," former Jammu Computer Dealers Association President Arvind Kumar said here. He further urged all political parties to come forward to support, vote for, and pass the bill tabled in the Rajya Sabha by Vivek Tankha. Similarly, businessman P L Koul also thanked the President and Tankha for their role in facilitating the bill, now to be voted on by the Rajya Sabha. "We urge all political parties, including Congress and BJP, to vote for and support it. With folded hands, please honour our request for passing the bill," he said. "For the first time in Parliament, a private member's bill titled Kashmiri Pandits (Recourse, Restitution, Rehabilitation and Resettlement) Bill, 2022, has been recommended by the President for consideration in the House, subject to time constraints," Tankha said in a post on X. Apni Party youth leader and community activist Muktesh Yogi also expressed his gratitude to the President and the Congress MP for facilitating the bill for voting in the Rajya Sabha. "It is our wish to see this bill through. So we urge all MPs in the Rajya Sabha to vote for, support, and pass the bill," he said. Echoing similar sentiments, the Global Kashmiri Pandit Diaspora (GKPD) said, "This is a moment of great moral and constitutional significance. A Government Bill, backed by the Executive and introduced by a Union Minister, would ensure the full weight and urgency of national legislative intent, thereby enabling structured and enforceable mechanisms for justice, restitution, and return with dignity.
The Print
5 days ago
- Politics
- The Print
Congress MP's private member's bill on rehabilitation of Kashmir Pandits cleared for consideration by RS
Two days ago, the Rajya Sabha Secretariat wrote to Tankha that the President has recommended the consideration of the bill, clearing the decks for a discussion on it, before it is passed. To be sure, only 14 private members' bills have been passed and enacted into law so far, the last one being in 1970. Tankha, elected to the Rajya Sabha from Madhya Pradesh, said the bill, introduced in the Upper House in February 2024, needed a recommendation from the President of India—under Article 117(3) of the Constitution—to be taken up for consideration as it carries financial implications. New Delhi: Congress MP Vivek Tankha's private member's bill, which among other things seeks the restoration of temples connected with Kashmiri Pandits who were driven out of the Valley in 1990, can now be taken up for consideration in the Rajya Sabha with it having cleared a Constitutional requirement. 'For the first time in Parliament, a private member bill titled 'Kashmiri Pandits (Recourse, Restitution, Rehabilitation and Resettlement) Bill, 2022' has been recommended by the Hon'ble President for consideration in the house, subject to time constraint. 'If discussed and approved, this can be a turning point in the fight for justice for Kashmiri Pandits. It's a big achievement as very few bills with financial implications get recommended by the Hon'ble President under clause (3) of Article 117 of the Constitution,' Tankha wrote on X Wednesday, attaching a screenshot of the Rajya Sabha Secretariat communique. The Kashmiri Pandits (Recourse, Restitution, Rehabilitation and Resettlement) Act, 2022 also envisages grant of minority status to Kashmiri Pandits and declaration of members of the community as victims of genocide. When contacted, Tankha told ThePrint that he had first introduced the Bill in 2022. 'With my term ending in 2022, the Bill also lapsed. I introduced a fresh Bill again in my second term,' he said. Upon its enactment into a law, the Bill also proposes the release of a white paper 'documenting all events in the Kashmir valley pertaining to the atrocities and plight of the Kashmiri Pandits starting from the year 1988 till the enactment of this Act.' For the first time in Parliament, a private member bill titled "Kashmiri Pandits (Recourse, Restitution, Rehabilitation and Resettlement) Bill, 2022" has been recommeded by the Hon'ble President for consideration in the house, subject to time constraint. .1/2 — Vivek Tankha (@VTankha) July 23, 2025 The bill has a separate section dealing with the restoration of temples and other heritage sites in the Valley. It says a committee comprising archaeologists, historians among others shall be authorised to appoint a Special Officer who will be armed with the power to seek documents from the government for 'conducting the survey of the religious sites' and 'shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1973.' Under clause 3 of Article 11 of the Constitution, a proposed legislation that entails 'expenditure from the Consolidated Fund of India shall not be passed by either House of Parliament unless the President has recommended to that House the consideration of the Bill.' 'In case the President withholds recommendation for introduction, the Bill cannot be introduced and if the recommendation is withheld under article 117(3) for consideration, the House cannot consider the Bill,' state the rules. A former Parliament official said that just because the bill now meets the Article 117(3) requirement does not guarantee that it will be taken up for discussion anytime soon as there is a draw of lots for that purpose. According to Parliament records, of over 2,000 private member's bills introduced since 1952, only 14 have become laws. These 14 bills include the Muslim Wakf Bill, 1952; The Hindu Marriage (Amendment) Bill, 1956; The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill 1970. (Edited by Ajeet Tiwari) Also Read: Kashmiri Pandits are reviving old hometown temples. 'It's how we will return'
Forbes
19-06-2025
- Politics
- Forbes
Dems Push Back On Trump Pardons With Restitution Argument
Whether one supports Donald J. Trump or not, his approach as president is notably different, especially when it comes to pardons and commutations. In his first term, Trump issued 143 pardons and 38 commutations, far fewer than Barack Obama. However, in his second term, by June 2025, he had granted clemency to over 1,500 individuals, including those convicted for the January 6th Capitol attack. What stands out is not the number, but the frequency of these pardons, which include both white-collar and drug-related offenses. Alice Johnson, appointed as Pardon Czar, plays a significant role in this process, focusing on individual cases and rehabilitation over political connections. Trump's pardons have sparked criticism from Democrats, particularly regarding the loss of restitution payments. Critics argue that Trump's pardons, often granted to political allies and high-profile individuals, have harmed victims by wiping out restitution payments that would have otherwise gone to them or the government. Rep. Jamie Raskin (D-MD) highlighted several examples, including the case of Todd and Julie Chrisley, claiming that Trump's mass pardons, including those for January 6th felons, canceled $1.3 billion in restitution and fines owed to victims and taxpayers. However, a closer examination of the restitution process reveals that a significant portion of restitution is never paid, and many of the amounts owed do not accurately reflect the financial losses caused by the crimes. Despite the political outcry, the actual impact of pardons on restitution is overstated, as the enforcement of restitution payments is typically limited, with many offenders unable to pay the full amount. Under the Federal Sentencing Guidelines, financial loss plays a crucial role in determining prison sentences for crimes like fraud, theft, and embezzlement. The U.S. Sentencing Guidelines Manual assigns offense levels based on the amount of financial loss caused by the defendant. Larger losses result in higher offense levels and, consequently, longer sentences. For instance, a defendant who causes a loss of over $25 million will likely face a significantly harsher sentence than one responsible for a much smaller loss. Additionally, financial loss affects restitution or forfeiture amounts that defendants must pay after serving their sentences. These amounts are often determined at sentencing but can be unclear in their calculation. In the case of high-profile cases like FTX founder Sam Bankman-Fried, who was ordered to pay $11 billion in forfeiture, or former Theranos CEO Elizabeth Holmes, who faced $452 million in restitution, the amounts are often unrealistic, as the defendants may never be able to repay such large sums. Restitution Payback Is Low, Very Low Research published by George Washington Law School in their report "Debunking Criminal Restitution" reveals that 82% of felony defendants at the state level and about 76% at the federal level are classified as indigent. As a result, many individuals facing restitution lack the financial ability to repay, and those who might are often burdened by legal fees and lost income due to criminal proceedings. Additionally, the barriers individuals face after being released from prison create a cycle of debt that is nearly impossible to break, further hindering their ability to repay restitution. According to the Government Accountability Office, US Attorneys Offices (USAO) collected $2.95 billion in restitution debt in fiscal years 2014 through 2016. However, at the end of fiscal year 2016, $110 billion in previously ordered restitution remained outstanding, and USAOs identified $100 billion of that outstanding debt as uncollectible due to offenders' inability to pay. Corporate criminal restitution make up a large amount of what is collected, not individuals. Department of Justice's Fraud Section reported a significant increase in corporate restitution in 2024. The section resolved 13 corporate cases, resulting in over $2.3 billion in total monetary recoveries, a 300% increase from the previous year. These cases primarily involved healthcare fraud, securities violations, and procurement fraud. Whereas corporations can move on with a large restitution payment after fraudulent activities, individuals, who face significant incarceration time, cannot. The Department of Justice's own website even notes that recovery of full restitution is unlikely, noting on its website, 'While defendants may make partial payments toward the full restitution owed, it is rare that defendants are able to fully pay the entire restitution amount owed.' Some have pegged the recovery at around 2% of the amounts due. Bill Clinton signed the Mandatory Victims Restitution Act (MVRA) into law on April 24, 1996. The MVRA mandated that federal courts require convicted offenders to pay restitution to their victims, ensuring compensation for financial losses resulting from certain crimes. The MVRA removed judicial discretion, meaning judges could no longer consider a defendant's ability to pay when determining restitution. As a result, prosecutors often seek maximum restitution, aiming for longer sentences with little expectation of recovery. Offenders end up in lifelong debt, while victims face the false hope of receiving compensation for their losses. That Democrats are now using the loss of restitution dollars as a push back on Trump seems a bit disingenuous since it was their party who pushed for MVRA. It was also Clinton who signed into law the 1994 Crime Bill, which led to a dramatic increase in prison population through longer prison terms around the country. Although it is housed in the DOJ's Civil Division, the Financial Litigation Unit's (FLU) primary function is 'to litigate and enforce the collection of criminal and civil debts owed to the United States, including criminal restitution . . . .' The FLU has the power to do so for twenty years from the filing of a judgement, on top of any period of incarceration served. For those owing restitution, it amounts to a life sentence. For many exiting prison, they are on Supervised Release for up to 5 years where they must report a financial statement each month and are required to pay toward their restitution. FLU monitors these assets, often seeking to place liens on assets such as homes and real estate. They also monitor refunds on tax returns and even garnish up to 25% of social security payments. Dr. Topeka Sam did a prison term for drugs and received a pardon from Trump in 2020. She now heads Ladies of Hope Ministries and has been a tireless advocate for those in prison and those returning to society. Dr. Sam also has taken up the cause of the burden that restitution leaves on those trying to move on with their lives. When I spoke to Dr. Sam, she said it clearly, 'We've turned too many people into lifelong justice-involved individuals - not because they continue to break the law, but because of the weight of restitution debt that never goes away. Bankruptcy can't erase it. The only true pathway to relief is a presidential pardon or remission of fines fees and restitution. And when that happens, it's not just about walking out of prison, it's about being restored, being given a real second chance at life." Tanya Pierce served three years for conspiracy to defraud banks during the mortgage crisis after going to trial. She said that her reason for going to trial was that she believed the amount of loss to the banks was approximately $25,000. In addition to her sentence, she was ordered to pay $2.5 million in restitution, an amount prosecutors said defined her 'intent' to steal more. Now free from prison and supervised release, she seeks legislative relief, hoping to find a way to escape the lifelong debt she cannot repay. Pierce told me, 'I've been told that my alleged bank victims have never received one dollar of the small amount that I have been able to pay. The FLU is an organization that needs to be shut down and I'm shocked that Trump's DOGE initiative did not do that.' Pierce is pushing for some sort of amnesty for many who are under unrealistic restitution orders. Kay Rogers never received any money from the alleged fraud she pled guilty to but felt she had to take a plea to move on with her life. 'The government put me in prison for 2 years and then they said I owed $5 million to a bank,' Rogers told me, 'now I have a piece of paper from the bank that says I don't owe them a thing but I still have to pay restitution." Rogers has a lien on her modest home and her social security is garnished. Todd Ficeto was once a high-flying investment banker but got involved with a con-man from Germany. Ficeto went to trial and was convicted, resulting in a 6-year prison sentence. Prior to his indictment, he paid over $9 million to avoid prosecution, which represented his entire net worth. Shortly thereafter he was indicted. 'I figured I could pay the money, and be able to move on with life since I believed, and still believe, I did nothing wrong.' Out of prison and now on supervised release, Ficeto has no means to pay his $240 million in restitution, a sum he says represents an amount so outrageous that there is no way to ever pay it back. His former partner, Florian Homm, is a fugitive, living in Germany giving financial advice to the public.
Shafaq News
05-02-2025
- Politics
- Shafaq News
Iraq's Supreme Judicial Council rules against suspending laws before official publication
Shafaq News/ Iraq's Supreme Judicial Council ruled on Wednesday that laws passed by parliament cannot be suspended before their official publication in the government gazette. In a statement following its fourth session, held both in-person and online and chaired by Chief Justice Faiq Zidan, the council addressed a recent ruling by the Federal Supreme Court that temporarily halted the implementation of three laws passed by parliament on January 21, 2025: the Amnesty Law, Resitution Law, and Persona Status Law. The council stated that, under Articles 93 and 129 of Iraq's 2005 Constitution, laws must be published in the official gazette before they can be challenged for unconstitutionality. It referenced past rulings by the Federal Supreme Court, including decisions from 2016 and 2018, affirming this principle. "Therefore, it is impermissible to suspend the implementation of a law passed by parliament before its publication," the council said. It noted that the Supreme Court's order specifically halted procedures related to amendments to the laws of Personal Status and Restitution, even though neither law has yet been published in the official gazette. The council argued that the court's ruling lacked legal grounds, as it targeted non-enforceable laws. It also questioned the legal basis for issuing urgent injunctions in constitutional cases, stating that such measures are not addressed in the Federal Supreme Court Law or its internal regulations but rather fall under civil procedural law. Additionally, the council emphasized that Iraqi courts are obligated to implement the amended General Amnesty Law passed by parliament, as 'Article 129 of the Constitution prohibits suspending laws unless a final ruling deems them unconstitutional.' The council reiterated that 'injunctive orders are temporary measures and do not carry the binding authority of final judicial rulings.'
