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Custodial death of youth: Cops say death due to illness

A case of accidental death was reported with the Kalupur police station on Thursday after a man, accused involved in dispute matter, died in the custody of Kalupur police station on Thursday early morning.According to police, the victim identified as Gafur Shaiyad, a resident of Kalupar and auto driver, was nabbed by police of Dana Suthar police chowki in a matter dispute and was taken to the police station on Wednesday afternoon.On Thursday morning, when one of the police officers went to check Shaiyad, he didn’t respond.Later, 108 emergency service was called in and he was rushed to a hospital. The accused was declared dead on arrival.Shaiyad’s family members have alleged that he was taken by police on Tuesday and he was killed by the cops in custody. On the other hand, Kalupur police inspector RG Desai said, “Shaiyad was arrested under Section 151 in The Code Of Criminal Procedure, 1973 on Tuesday. An investigation is on and the victim’s body has been sent for autopsy. Further investigation of the matter will reveal what actually had happened in the matter, right now we are following procedures.”Protests were also held by the Auto Association members of Ahmedabad outside the Civil hospital of Asarwa area, seeking justice for Shaiyad and they wanted an investigation regarding the matter and they denied to accept Shaiyad’s body.Later, the case was handed over to the BC Desai, D division ACP and further investigations are on.

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Use scientific ways for interrogation

The cops, however, claimed that the youth had fled from custody. After much hue and cry the five cops were suspended, and the state government transferred the senior cops out of Sangli district to avoid further flak. Five policemen were booked and arrested later on charges of murder and the case is being probed by the Criminal Investigation Department (CID). We have clearly told all the Police Station In-charge officers to shun use of third-degree on accused," said a senior police officer.”
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<!–end of artlbotbor–><!–end of artlsocl–>Written BySomendranath Sharma <!–end of artlbotbor–>Wednesday 13 December 2017 2:03 ISTMust readLeopard’s day out at Andheri preschoolDNA EXCLUSIVE: Flooding may affect underground Metro<!–end of artlmustredbx–><!–end of articllftpbx–>Following the death of a 26-year-old-youth in police custody last month in Sangli district, the Maharashtra Director General of Police (DGP) office has issued a circular recently advising police officers to use scientific and forensic methods for interrogation and has urged the force to shun the use of third-degree torture in police custody. So far 12 cases of custodial deaths have been reported in the state this year.On November 8, Aniket Ashok Kothale, who was arrested on charges of robbery by Sangli district police, was allegedly beaten to death while in custody by five policemen including a police sub-inspector (PSI). Reports suggest that his body was burnt in Amboli Ghat to destroy evidence in Amboli Ghat. The cops, however, claimed that the youth had fled from custody. After much hue and cry the five cops were suspended, and the state government transferred the senior cops out of Sangli district to avoid further flak. Five policemen were booked and arrested later on charges of murder and the case is being probed by the Criminal Investigation Department (CID). We have clearly told all the Police Station In-charge officers to shun use of third-degree on accused,” said a senior police officer.

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Ex-SC judges believe use of torture is prevalent in criminal justice system

Several former Supreme Court judges believed that the practice of torturing an accused was rampant in the criminal justice system, according to a report released by the Centre on Death Penalty of the National Law University, with one judge even pointing out that hardened criminals would not yield to “mere casual questioning”.In the report — “Matters of Judgment” — a study on the criminal justice system and death penalty in India, one of the judges said he was in dismay when during an event at the National Judicial Academy, Bhopal, he found out that the majority of the participating judges were of the view that the truth behind a crime would not come out unless the police had the power to torture.”Five of 12 former judges, justifying torture, said the police resorted to it because the investigating agencies worked under strenuous conditions, without adequate time and independence to investigate cases,” the report said.The study also records the acknowledgement and concern of the former apex court judges about the “crisis” in the country’s criminal justice system, on account of the widespread prevalence of torture, fabrication of evidence, the abysmal quality of legal aid and wrongful convictions.Of the 39 former judges, who discussed the prevalence of torture in the criminal justice system, 38 believed it to be rampant, while one former chief justice of India was of the opinion that there was no torture.”Seasoned criminals…They will not yield to mere casual questioning,” said a judge, who has served in appellate courts for 22 years. Another former judge said the mindset of the police was affected by how poorly they were treated by VIPs when they were deployed on law-and-order duties.”This, in turn, affects them (police) as when it comes to crimes, they will pick up small men and adopt third-degree methods to elicit a confession and make them accused, whether they have committed the crime or not,” he was quoted as saying in the report.The probe agencies either being “lazy” or “not having enough manpower” or “not knowing the methods of scientific investigation” were also cited by some of the judges to explain the prevalence of torture in the criminal justice system.However, 17 of the judges believed that torture undermined the system and said they were inherently opposed to it, irrespective of its utility.They also felt that the use of torture was an unreliable way of getting to the truth and recalled that it had led to undesirable results at times.A former chief justice of India said because of the prevalence of torture in the criminal justice system, he would tend to take the recovery statements (recorded by the probe agencies) “with a pinch of salt”.Of 58 judges, 38 were of the view that the investigating agencies abused section 27 of the Indian Evidence Act, 1872, which dealt with the recovery of evidence.Twelve judges were aware that the provision was used to subliminally increase the use of torture as an investigative technique and therefore, were cautious of such recoveries as torture was often the starting point of an investigation.”We have mentioned the names of the judges but have not disclosed who said what. This is to ensure that the focus stays on the issue and does not shift to the person,” Anup Surendranath, the director of the centre, said while releasing the report.The 60 judges interviewed by the study have adjudicated 208 death penalty cases between them, from 1975 to 2016.

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Wrongly incarcerated people not being properly compensated: Delhi HC

People who have been wrongly incarcerated are “left to their devices without any hope of reintegration into the society or rehabilitation since the best years of their life have been spent behind bars, invisible behind the high prison walls”, the Delhi High Court has said.A bench of Justice S Muralidhar and Justice I S Mehta expressed concern over non-presence of a legal scheme for compensating these people who, at various instances, have been acquitted by the High court or the Supreme Court after many years of imprisonment.“There is at present in our country no statutory or legal scheme for compensating those who are wrongfully incarcerated. The instances of those being acquitted by the High Court or the Supreme Court after many years of imprisonment are not infrequent.“They are left to their devices without any hope of reintegration into society or rehabilitation since the best years of their life have been spent behind bars, invisible behind the high prison walls,” the bench said.The court said that even though there is a provision of compensating the victims through Sections 357 and 357 A to C of the Code of Criminal Procedure, its effective implementation hinges upon the concerted efforts of legal services authorities and governments.“As far as compensating ‘persons groundlessly arrested’, Section 358 Cr PC offers some token relief. This provision, however, fails to acknowledge the multiple ways in which not only the prisoner, who may ultimately be declared to be innocent, but the family of the prisoner faces deprivation and hardship. Particularly poignant is the plight of the spouse, children and aged parents of the prisoner who are unable to find legal redress for their losses,” the court held.It stressed on “an urgent need for a legal (preferably legislative) framework for providing relief and rehabilitation to victims of wrongful prosecution and incarceration”.“Whether this should be an omnibus legislation or scheme that caters to both the needs of the victim of the crime, as well those wrongfully incarcerated, including the family and dependants of the prisoner, or these have to be dealt with in separate legislations or schemes is a matter for discussion, deliberation and consultation with a cross-section of interest groups.The observation came while dealing with three wide issues which had come up while hearing a criminal appeal. The court had directed GS Bajpai Professor of Criminology & Criminal Justice and Registrar, National Law University, Delhi to be the amicus curiae and submit a report on the three issues.The other two included Fines and default sentences and Suspension of sentence.The court also requested the Law Commission of India to undertake a comprehensive examination of the issue of incarceration and make its recommendation thereon to the Government of India.The report submitted by Prof Bajpai had referred to the practice in the United States of America (USA) and the United Kingdom (UK). He had pointed out that there are 32 states in the USA including District of Columbia (DC) which have enacted laws that provide monetary and non-monetary compensation to people wrongfully incarcerated. There are specific schemes in the UK and New Zealand in this regard.
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SC rules stringent bail provision in PMLA unconstitutional

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Supreme Court on Thursday struck down a stringent provision of the Prevention of Money Laundering Act (PMLA), deeming it unconstitutional. SC bench led by Justice Nariman deemed section 45 of the act as unconstitutional, reports ANI. The Modi government had strongly defended the provision dealing with stringent bail conditions, saying it is an effective tool to curb the menace of black money. According to News 18, the apex court accepted the contention of petitioners that this provision is bad in law, as it adheres to the principle of ‘jail is rule and bail an exception’. In essence, SC has set aside all orders in which bail was denied using the stringent provision and those case have to be heard afresh. Here’s what the section 45 in PMLA is45. Offences to be cognizable and non-bailable.—(1) 1Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no person accused of an offence punishable for a term of imprisonment of more than three years under Part A of the Schedule shall be released on bail or on his own bond unless—(i) the Public Prosecutor has been given an opportunity to oppose the application for such release; and(ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail: Provided that a person who is under the age of sixteen years or is a woman or is sick or infirm, may be released on bail, if the special court so directs: Provided further that the Special Court shall not take cognizance of any offence punishable under section 4 except upon a complaint in writing made by—(i) the Director; or(ii) any officer of the Central Government or State Government authorised in writing in this behalf by the Central Government by a general or a special order made in this behalf by that Government.28 (1A) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), or any other provision of this Act, no police officer shall investigate into an offence under this Act unless specifically authorised, by the Central Government by a general or special order, and, subject to such conditions as may be prescribed.(2) The limitation on granting of bail specified in 29 *** sub-section (1) is in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting of bail.

Me Indian, not going to Pakistan, says Sachin Pilot

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Congress state president, Sachin Pilot, while addressing students at Maharani’s College, said that he belongs to India and will not go to Pakistan.This came as a response to city mayor Ashok Lahoti’s comment that those who have an objection on singing the National Anthem can go to the neighbouring country.“I do not need a certificate from anyone to declare myself a nationalist. This is my country and I am ready to give my blood for it. They say those who are not voting for a particular party can go to Pakistan. Those who are not singing National Anthem and the National Song can also go to Pakistan. I will not go to Pakistan. I will stay here,” Pilot said.He added that these talks are made to distract general public from the main issue.“The issue is that Moong Daal is being sold ar Rs 150 per kg. The issue is that there are no jobs, and that 14 people have died due to a transformer blast,” pilot said.On the transformer blast incident, Pilot said that when parties get a majority win, they do not get the liberty to do as they please.“The line of answerability needs to be formed. If someone somwhere is in trouble, or there is an accident, someone has to be answerable for the same,” Pilot asserted.Pilot further said that the draconian Criminal Law ordinance introduced by the state government is killing the idea of democracy.“The government has made laws to secure its own future. The issue is not related to one party, it is related to democratic forces. The ideology is against the constitution. It doesn’t matter who the chief minister is and which party is ruling. It is beyond party lines,” Pilot said.On the popular slogan raised by the ruling party that states India needs to be ‘Congress Mukt’, Pilot said that there are differences in objectives and ideologies but there is no enmity.“We are not enemies with each other. There is no space in politics for that. If issues are handled with healthy debate and discussions, then it will be bring development to the nation. Why do they want to throw us out? We are also citizens of India and even we want to make some contributions,” Pilot said.He ended by motivating the youth to develop skills in order to compete with the world and vote for the right candidate.COMPROMISESPilot, while addressing the media, said that a political party becomes strong by not compromising on the objectives, and BJP has always been compromising for selfish reasons.“They promised not to compromise in case of Kashmir but ended up collaborating with PDP. They play politics for winning the elections but never stand up to the promises. BJP gives membership through missed call, and the authenticity of the same is visible to all. A political party does not become strong by propoganda,” Pilot said.

One booked for siphoning Rs 65K from postal accounts

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Tilak Nagar police have registered a case of cheating against a postal assistant attached with Rajawadi post office for allegedly siphoning Rs 65,865 from the postal account holders. The police are yet to make arrests in the case.According to the police, the accused is attached with Rajawadi post office and on the post of postal assistant. The accused person allegedly took Rs 65,865 of the various account holders. Complainant Revati Dalvi also alleged that the accused instead of depositing the money, used it for personal gains.The post office during inquiry found the accused person guilty and have initiated action against him.”We have registered a case under section 420 (cheating), 406 (criminal breach of trrust) and 409 (Criminal breach of trust by public servant) of the Indian Penal Code,” said Vijay Khaire, Senior Inspector, Tilak Nagar police station.”We have collected evidence against the accused and are investigating further,” said Khaire.

Congress MLAs protest on Day-2 of Assembly session

<!– /11440465/Dna_Article_Middle_300x250_BTF –>On the second day of state assembly, Congress raised slogans during the proceedings of the house on Tuesday, demanding all bank loans wavier of farmers and cancellation of The Criminal Laws (Rajasthan, Amendment) Bill. The Congress MLAs created ruckus while the speaker completed legislative work amid agitation. During the ruckus of the Opposition, two bills were passed in the house and were later adjourned until Wednesday. After the adjournment of the Assembly proceedings, the Congress MLA continued with dharna in the house which continued till night.The Congress started a ruckus in the name of the controversial bill and the demand for full loan waiver of farmers from question hour. The leader of the Opposition, Rameshwar Dudi asked Assembly speaker Kailash Meghwal for permission to speak on this issue. As the speaker did not grant the permission, the Congressmen continued with the ruckus. All this led to delay in the zero hour that started at 1 o’clock in the afternoon. The protest of Congress MLAs continued throughout the zero hour as well.In the middle of agitation, the legislative work was completed and two bills were passed. Water Resource Minister, Ram Pratap tabelled the Rajasthan Farmers Participation in Management of Irrigation System (Amendment) Bill-2017. During this, there was a scuffle between the Opposition and the ruling party legislators. Similarly, Industry Minister Rajpal Singh Shekhawat tabelled the Rajasthan Relief Undertaking (Special Provisions) Amendment Bill 2017. This bill was also passed. After this, Speaker Kailash Meghwal adjourned the proceedings till 11 o’clock, Wednesday.RESERVATION BILLWith a cabinet circulation note the state government has approved draft of new reservation bill in which quota to five castes including Gurjars has been provisioned. The bill may be introduced in the assembly on October 26 which is last day of the session. Under the bill the cap of OBC has been revised to 26 percent from 21.

Lawyers in Kota skip district court

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Kota lawyers under the aegis of Abhibhashak Parishad on Tuesday protested against the Criminal Laws (Rajasthan Amendment) Bill, 2017 and boycotted work at Kota district court. They submitted a memorandum to collector addressed to the governor demanding immediate revocation of the controversial bill that gags the freedom of speech and shield corrupt public servants and officials.Lawyers formed a human chain in protest which was led by Naveen Sharma, president of Parishad, and general secretary Mahesh Kumar Gautam and burnt the copies of controversial bill. On the state wide call by advocate bodies, the work in Bundi court wore a deserted look as work remained suspended.

Rajasthan govt buckles under pressure, sends immunity bill to Select Committee

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Rajasthan government has buckled under pressure and sent the controversial gag-bill to the Select Committee after facing criticism from various quarters.The development comes after Chief Minister Vasundhara Raje reportedly asked the state ministers to rethink over the Criminal Laws (Rajasthan Amendment) Ordinance, 2017.Raje had reportedly called a meeting at her residence, which was attended by Home Minister Gulab Chand Kataria, Rajendra Rathore, BJP State President Ashok Parnami, Yunus Khan and Arun Chaturvedi.Rajasthan Home Minister Gulab Chand Kataria will head the Select Committee comprising 15 members.The government had on Monday tabled a controversial bill that seeks to protect public servants and judges from prosecution and bar the media from reporting on allegations against them without its prior sanction sparking a legal challenge and protests inside and outside the Assembly.The Centre has defended the bill with Union Minister for law and justice PP Chaudhury saying it was a ‘balanced’ measure keeping interests of everyone in mind.Rajasthan Congress president Sachin Pilot has said that the party will not let the government pass the bill. “We are strongly opposing itMeanwhile, the bill has been challenged in the High Court. Senior advocate AK Jain informed that he has filed a writ against the Criminal Laws (Rajasthan Amendment) Ordinance, 2017.The Criminal Laws (Rajasthan Amendment) Ordinance, 2017, promulgated on September 7, also seeks to bar the media from reporting on accusations till the sanction to proceed with the probe is obtained.”No magistrate shall order an investigation nor will any investigation be conducted against a person, who is or was a judge or a magistrate or a public servant,” reads the ordinance which provides 180 days immunity to the officers.If there is no decision on the sanction request post the stipulated time period, it will automatically mean that sanction has been granted.The ordinance amends the Criminal Code of Procedure, 1973 and also seeks curb on publishing and printing or publicising, in any case, the name, address, photograph, family details of the public servants.Violating the clause would call for two years imprisonment.In the 200-member Rajasthan Assembly, BJP has 160 MLAs while the Congress has 24 members.The state government while defending the bill said the measure was required to put an end to what it called an end to frivolous litigations against public servants.

Union Law Minister Ravi Shankar Prasad defends Rajasthan bill to protect judges, officers

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Union Law Minister Ravi Shankar Prasad on Monday defended a Rajasthan government bill to protect judges, magistrates, and public servants from being investigated without its prior sanction, saying the move seeks to stop motivated complaints and let honest officers work.”What I have gathered is that the idea is that there should not be any motivated complaint. Officers were feeling harassed in discharging their duties,” he told a press conference at the BJP headquarters. Prasad said he had returned from an overseas trip last night and had not studied the legislation in detail, and added that the state government had cited its reasons for introducing the bill.He referred to a study offered by the state’s BJP government, which said over 73% of such cases were false.Amid an uproar from the opposition Congress, Rajasthan Home Minister Gulabchand Kataria today tabled the Criminal Laws (Rajasthan Amendment) Bill, 2017, which seeks to replace the September 7 ordinance, in the Assembly.The Rajasthan government promulgated the Criminal Laws (Rajasthan Amendment) Ordinance, 2017, that seeks to protect serving and former judges, magistrates and public servants in the state from being investigated for on- duty action, without its prior sanction.It also bars the media from reporting on such accusations till the sanction to proceed with the probe is given by the government. In the press conference in which he attacked the Congress over a host of issues involving the Gujarat Assembly polls, Prasad also defended the appointments of BJP workers and leaders by the government in various positions, saying there was no harm if they had credentials for the job.During the UPA government, everything was reserved for ‘damaad’, a reference to Congress Sonia Gandhi’s son-in-law Robert Vadra, and workers were ignored, he alleged.

HOUSE THAT: Opp all set for post-D dhamaka

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Outnumbered within Assembly house, the Opposition Congress will be looking to grab public attention outside Vidhan Sabha during the Assembly session beginning on Monday. The Congress MLAs are set to enter the Assembly premises waving placards against the government policies. Their focus and main point of target would be the proposed CrPC amendments to shield government employees.“Today the issue is in focus of national media and is being discussed across the country as a sign of the government’s dictatorial attitude. We will protest the same outside and inside the house,” a senior congress leader said revealing the party’s plan.During late evening discussion between selected party leaders, leader of opposition Rameshwar Dudi and state party president Sachin Pilot, the action plan to be followed by the Congress during the session was discussed.Accordingly the Congress MLAs are to gather at the residence of party MLA Girraj Malinga on Monday morning and they will subsequently march to Assembly premises with placards in hand. A formal meeting of the opposition MLAs is scheduled to take place after the assembly gets adjourned on first day of this session.Over the next coming days, issues such as loan waiver for farmers and law and order are also expected to be raised by the Opposition at the house.“Our party has been demanding complete farm loan waiver. The issue will be raised on the floor by us with more zeal. Also, the law and order situation is on ventilator with several incidents of gruesome crimes happened recently. This is also on of the prime issues to take on the government,” said leader of opposition Rameshwar Dudi.Since the last assembly session, the state has witnessed major demonstrations on issues of farm loan waiver and law and order situation.The Congress too had taken lead in supporting the protesting voices against the government across the state. As the state gears up for Assembly elections scheduled by the end of next year, the Opposition is leaving no opportunity to cash in on brewing anti-incumbency.The party vice president Rahul Gandhi too has held rallies in Rajasthan during the period, while the state party president Sachin Pilot has recently completed his 100km Kisan Nyay Yatra across Hadauti region gathering support among the agrarian communities. The assembly session has provided them another opportunity to corner the government.BILLS TO BE TABLEDA Bill giving reservation to five communities including Gurjars as the Most Backward Nomadic (MBN) will be tabled in the monsoon session. 5% reservation will be given to them. This five percent cap will be raised additionally as a separate class apart from existing 21 percent reservation being given to Other Backward Class (OBC).
Bill on Code of Criminal Procedure (Rajasthan amendments) 2017 which shields public servant and judge from a probe for six months will also be tabled. Also, under this Bill the journalists would be barred from reporting on accusations till the sanction to proceed with the probe is obtained from the state government. There is a provision of 2 years of imprisonment for those who will report names of the accused.
A heated debate between the Opposition and the ruling party on farmers’ loan waiver is expected. The state government has formed a committee to look into the demands related to the loan waiver and recently, the committee held its first meeting too. On the other side, the Congress party state head Sachin Pilot and other leaders took out a 100 km rally in Haduati region in support of farmers’ cause demanding complete loan waiver.
The monsoon session beginning from Monday is expected to run for nearly three days. On the first day the obituaries to the leaders who died recently will be given and there will be no question hour. Also, six bills will be introduced on the same day. In the following days the Bills will be debated, amended and passed.

Ordnance from social media makes Raje Ordinance top trending

<!– /11440465/Dna_Article_Middle_300x250_BTF –>While the state government is preparing to face the opposition onslaught over the Criminal Laws (Rajasthan Amendment) Ordinance, 2017 during the assembly session beginning on Monday; the battle over the implications of the Ordinance is being fought in cyber space. The opposition has launched a vicious onslaught on chief minister Vasundhara Raje and the issue is the top trending topic on social media.Congress vice president Rahul Gandhi launched a concerted attack against Raje and tweeted “Madam chief minister, with all humility we are in the 21st Century. Its 2017 not 1817. This was in reference to the 1817 Treaty between the British and erstwhile Gwalior royal family, to which Raje belongs.The RaGa tweet about 1817, say political observers is more targeted at Jyotiraditya Scindia who is the direct descendant, while Raje happens to be the daughter of the family. Observers feel that the tweet targets Rahul’s own close aide as much as it does Raje. AAP leader and incharge for Rajasthan Kumar Vishwas called Raje the female Kim Jong and party workers went on to tweet with the hashtag #TuglakiMaharani. Vishwas and other AAP leaders went to make a series of tweets with the hashtag and it was soon top trending.Home minister Gulab Chand Kataria was the only one who was allocated the arduous task of stepping in to defend the ordinance thatwas causing so much embarassment to the government and the chief minister. Kataria said the ordinance had been brought to check false cases.The home minister said most of the cases filed in court through 156 (3) were false and media coverage maligned the officers who were accused. This defense was but a repetition of what had already been said on Saturday. On the other hand, the attack had escalated to huge proportions.Floor management is vital while dealing with any issue in the assembly; and on the eve of the assembly session; the total inaction by the ministers and troubleshooters of the government was an indication of what could happen during the monsoon session beginning on Monday.But what was most surprising during this cyber battle was that despite the huge number of followers that chief minister Vasundhara Raje has on social media, there was no counter attack, no retaliation strategy or even propagation of the clarifications that were issued on Saturday by the government.This silence certainly puts a question mark on the chief minister’s social media team.AK JAIN TO FILE WRIT?Senior advocate AK Jain has said that he would be filing a writ against the Criminal Laws (Rajasthan Amendment) Ordinance, 2017. Jain would be counsel for litigant Bhagwat Gaur. The writ seeks that the Ordinance be declared ultra vires, void and unconstitutional. EDITORS GUILD DEMANDS WITHDRAWALThe Editors Guild of India, in a written statement, says that it is deeply concerned by the Rajasthan Government’s decision to make Criminal Laws (Rajasthan Amendment) Ordinance 2017 into an Act in the current legislative session. “The ordinance promulgated by the State Government last month was ostensibly done to protect the judiciary and the bureaucracy against false FIRs. But in reality it is a pernicious instrument to harass the media, hide wrongful acts by government servants and drastically curb the freedom of the press guaranteed by the Constitution of India,” the statement read. The Editors Guild wants the Rajasthan Government to immediately withdraw the ordinance and desist from making it into law.

Raje to wield the shield for honest babus, zero tolerance for corruption

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Amidst the furrow created by the Ordinance by the Rajasthan government that gives immunity to judges, magistrates and public servants regarding cases being lodged against them for acts done by them while in service, the government has clarified its stand and said that it has a zero tolerance towards corruption. It has said the Ordinance is to protect the honest public servants as almost three fourth of the cases filed against them through courts turn out to be malicious. Meanwhile the opposition has declared that it would oppose the Ordinance in the assembly and civil society has demanded that the government repeal the Ordinance and not pass it as a Bill. Rajasthan government in a written statement issued on Saturday has clarified that the new ordinance titled Criminal Laws (Rajasthan Amendment) Ordinance, 2017 would not provide any protection to the corrupt public servants. It has said that the government is committed to its stand of zero tolerance towards corruption. The government through this official release said that Rajasthan is not the first state to bring such an ordinance; the Maharastha assembly had brought such an amendment on 23 December 2015 and the purpose behind this amendment is to prevent harassment and ensure that the image of honest officers is not tarnished.It has further said that the ordinance does not mean that cases would not be registered against corrupt officials in the police stations. The 180 days period is for the police to investigate and confirm whether the case is worth being registered.It said that records tell that in as many as 73% cases filed through the court under 156 (3) it was found after investigation that the alleged incidents did not take place. There are cases where the address of the complainant was false or there was no evidence. The government went on to say that once a case is filed, it is covered in media and identity of the concerned person and his family is divulged. The stigma stays with the public servant even after it is found that the case is false.The government has also said in its release that the Supreme Court has also made scathing observations about the issue in several cases and said that the system needs to be improved.The government also informed that it has registered 1158 cases, out of these 818 public servants have been trapped. Rajasthan is among the rare states where three senior administrative officers, two in service and one retired, have gone to jail on charges of corruption. It went on to add that there have been no amendments in the Prevention of Corruption Act 1988. What is the ordinance –An ordinance by the Rajasthan government will prevent cases being lodged against officers and judges for any act done by them while they were in service. The ordinance also prevents courts from issuing directions to register cases against them. Further the ordinance prevents that the names or pictures of the persons to be made public.The Ordinance was implemented on September 7 and is likely to come up for discussion in the coming assembly session beginning on Monday to take the form of a Bill. The ordinance titled Criminal Laws (Rajasthan Amendment) Ordinance, 2017 is an Amendment in the section 156 of the Code of Criminal Procedure, 1973 and provides that “no magistrate shall order an investigation against a person who is or was a judge or magistrate or a public servant, as defined under any other law for the time being in force, in respect to the act done by them while purpoting or act in the discharge of their official duties, except with previous sanction under the section 197 of the Code of Criminal Procedure, 1973 (Act No 2 of 1974) or under any other law for the time being in force”As per the provisions of the Ordinance the sanctioning authority shall take a decision on the sanction of prosecution within 180 days, in case the sanctioning authority fails to do so, automatic prosecution shall deemed to have been issued.It provides that no one shall print, publish or publicize the name address identity photograph or any other details or particulars of the judge, magistrate or public servant that can lead to the disclosure of his identity. It further provides that anyone who violates the above provisions of the ordinance could be fined and / or imprisoned up to two years.What they say —Opposition –Ashok Gehlot — Former CM — Rajasthan BJP government is acting autocratically by making arbitary changes to the CrPC.It is taking all steps to prepare ground for encouraging corruption and to keep people in the dark about it.Leader of opposition – Rameshwar Dudi — The opposition will raise its voice against this ordinance in the assembly during the monsoon session. It violates the spirit of Constitution, provides advantage to the corrupt and is a gag on the media.Legal experts — A K Jain – Advocate — Victims’ identity should be protected not the accused. The government is protecting its officials and public servants that includes MLAs and MPs too. I will challenge it in court. Civil Society — Kavita Shrivastav, national secretary PUCL — We condem the Vasundhara Raje government for bringing the ordinance that amends the CrPC and IPC and introduces secttions that clips the powers of the magistrate to order investigation, take cognisance of complaints against public servants. We want to know what the government is trying to hide and demand that the the Ordinance be repealed and not passed as a Bill.

Will not protect corrupt civil servants

The Rajasthan government, in a written statement issued on Saturday, clarified that the new ordinance titled Criminal Laws (Rajasthan Amendment) Ordinance, 2017 would not provide any protection to the corrupt public servants. <!– /11440465/Dna_Article_Middle_300x250_BTF –>Amidst the furore created by the Rajasthan government’s Ordinance that gives immunity to judges, magistrates and public servants regarding cases lodged against them for acts while in service, the government has clarified its stand and said that it has a zero tolerance towards corruption. It said that the Ordinance is to protect honest public servants as almost three-fourths of cases filed against them turn out to be false. Meanwhile, the opposition has declared that it would oppose the Ordinance in the Assembly and a civil society has demanded that the government repeal it. The Rajasthan government, in a written statement issued on Saturday, clarified that the new ordinance titled Criminal Laws (Rajasthan Amendment) Ordinance, 2017 would not provide any protection to the corrupt public servants. It said that Rajasthan is not the first state to bring about such an ordinance; the Maharastha Assembly had brought such an amendment on December 23, 2015 to prevent harassment and ensure that the image of honest officers is not tarnished. It further said that the ordinance does not mean that cases would not be registered against corrupt officials. The 180-day period was for the police to investigate and confirm whether the case is worth being registered. It said that records show that in 73 per cent cases filed through the court under 156 (3), it was found that the alleged incidents did not take place. The government has also said in its release that the Supreme Court has also made scathing observations about the issue in several cases and said that the system needs to be improved.

State government trying to institutionalise corruption: Sachin Pilot in response to Raj govt’s ordinance

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Congress leader Sachin Pilot, who is also the Rajasthan party chief, on Saturday criticised Rajasthan Chief Minister Vasundhara Raje’s decision to replace The Criminal Laws (Rajasthan Amendment) Ordinance with a Bill. “Absolutely shocked by how the state government is trying to institutionalise corruption. The state government is trying to safeguard the interest of people through whom they conduct corruption scandals in Rajasthan,” he was quoted while speaking to ANIEarlier, the chief minister issued an ordinance that will prevent cases being lodged against officers and judges for any act commited by them while they were in service. The ordinance also prevents courts from issuing directions to register cases against them. Further the ordinance prevents that the names or pictures of the persons to be made public.The Ordinance was implemented on September 7 and is likely to come up for discussion in the coming assembly session to take the form of a Bill. The ordinance titled Criminal Laws (Rajasthan Amendment) Ordinance, 2017 is an Amendment in the section 156 of the Code of Criminal Procedure, 1973 and provides that “no magistrate shall order an investigation against a person who is or was a judge or magistrate or a public servant, as defined under any other law for the time being in force, in respect to the act done by them while purporting or act in the discharge of their official duties, except with previous sanction under the section 197 of the Code of Criminal Procedure, 1973 (Act No 2 of 1974) or under any other law for the time being in force”

Rajasthan govt brings ordinance to shield judges, babus from public scrutiny, probe

<!– /11440465/Dna_Article_Middle_300x250_BTF –>An ordinance by the Rajasthan government will prevent cases being lodged against officers and judges for any act commited by them while they were in service. The ordinance also prevents courts from issuing directions to register cases against them. Further the ordinance prevents that the names or pictures of the persons to be made public.The Ordinance was implemented on September 7 and is likely to come up for discussion in the coming assembly session to take the form of a Bill. The ordinance titled Criminal Laws (Rajasthan Amendment) Ordinance, 2017 is an Amendment in the section 156 of the Code of Criminal Procedure, 1973 and provides that “no magistrate shall order an investigation against a person who is or was a judge or magistrate or a public servant, as defined under any other law for the time being in force, in respect to the act done by them while purporting or act in the discharge of their official duties, except with previous sanction under the section 197 of the Code of Criminal Procedure, 1973 (Act No 2 of 1974) or under any other law for the time being in force”As per the provisions of the ordinance, the sanctioning authority shall take a decision on the sanction of prosecution within 180 days, in case the sanctioning authority fails to do so, automatic prosecution shall be deemed to have been issued.It provides that no one shall print, publish or publicize the name, address, photograph or any other details or particulars of the judge, magistrate or public servant that can lead to the disclosure of his identity. It further states that anyone who violates the above provisions of the ordinance could be fined and / or imprisoned up to two years.As per legal experts this ordinance will render registration of cases against corrupt public servants to become an absolute right of the government. As the agencies that register cases are government agencies. The next option available to the common man was to register court complaint (istagasa) and court to order its registration under 156/3; but the new ordinance prevents that.Social activists feel that the other provision of protection of identity would prevent the media from publishing news and identity of cases of corruption. The word ‘publicize’ would also give rights to the government to act against persons writing about it on social media. The home minister could not be contacted to comment on the issue.Kavita Shrivastav, national secretary PUCL, said the if the Ordinance gives absolute complete immunity to all in government, including the political executive bureaucrats and all levels of judiciary then it is unacceptable. He said: “The govt has the responsibility of ensuring protection of fundamental rights and if there is violation in the implementation, then the people have a right to question and prosecution to make them accountable. If the ordinance gives immunity to all in govt and judiciary It will be defeated in court of law and the PUCL will scrutinize challenge it in the Rajasthan High court or Supreme Court.”How the ordinance will change things- Cases against officials are largely registered by government agencies like ACB and CID. The procedure of receiving complaint, registration of case, investigation and filing a case (chalan) takes over a year or even more. As per this ordinance, the six months period would pass, and they will go scot-free. – It will curtail the right of the common man in lodging cases against corrupt officials. Earlier the common man had the right to approach court and the court if it felt appropriate the court had the right to direct police to lodge cases. This curtails the power of the court. – It will curtail the rights of the media. The ordinance will prevent them from publishing names pictures of the officials who are accused of corruption. This will make them fearless in anonymity. – It will prevent anyone from writing on social media about corrupt officials.

Men can also be raped: Delhi HC seeks government’s reply on PIL

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Delhi High Court has sought government’s response on a Public Interest Litigation stating Sections 375 and 376 of the Indian Penal Code are biased towards men and don’t include women as the perpetrators. A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar have sent a notice to the government to reply within three weeks on this issue. The matter has been posted for further hearing on October 23. The petitioner, Sanjiv Kumar, has asserted that the existing provisions recognise only a man as the perpetrator and the woman as a victim of rape. “Gender is central to any understanding of how and why sexual violence occurs. What is clear, however, is that while females are the main victims of sexual violence and males the main perpetrators, one still has to consider how sexual assaults beyond the male-on-female paradigm are to be labelled by the criminal law”.”After the Right to Privacy ruling where consent and bodily integrity of each citizen is now a fundamental right as part of the freedoms and are intrinsic part of right to life and personal liberty under Article 21, female and male both have equality before the law and equal protection of the law under Article 14 guaranteed by Part III of the Constitution,” the petition said.Kumar also pointed out that for a brief period of 58 days, India had a gender-neutral rape law – The Criminal Law (Amendment) Ordinance 2013 which was repealed after protests from certain quarters of the society.The plea, also referred to the recent murder of a boy in Ryan International school in Gurgaon, allegedly by a 42- year-old man after he had resisted an attempt to sodomise him.It said that boys under the age of 18 are protected under Protection of Children from Sexual Offences Act (POCSO), but once they pass the age, they “are robbed of their rights”.(With PTI inputs)

Blue Whale Challenge: CID talks Kolkata student out of playing the deadly game

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Thanks to the prompt response from officers of the Criminal Investigation Department (CID), a possible case of a college student being the first victim of the Blue Whale game in Kolkata was averted.CID officials said that registrar of BB Institute of Technology had contacted them a few days ago and informed about the recent unnatural behaviour of a student which had raised the suspicion of officials of the institute. “We were informed that the change in behaviour of the student could possibly be because of the Blue Whale game and also that a blue whale tattoo was found on the student’s arm,” said a CID official.The student was immediately brought under the scanner of the investigating agency. An inspector of CID befriended him on social media without disclosing his identity and initiated a conversation. “When we started to talk to him after some time he confessed that he had been playing the Blue Whale game and had already passed the eighth stage where he had to cut his arm. He also said that he might have to make more cut marks,” the CID official said and added that in spite of hearing the confessions, the inspector neither attempted to contact him in person or get in touch with his parents. “Instead we kept on talking to him and started counselling for two days about the ill-effects of the game and how it was actually a death trap which prompts you to commit suicide. Only after the student retracted his ways were his parents informed,” the officer said.The student in question too, said that he was dissuaded by officers who he was indebted to. “I was heading for a lot of trouble and I am grateful to officers who said they were my cyber friend and talked me out of it,” he said. In Bengal, the Blue Whale had already claimed the life of 15-year-old Ankan Dey, a resident of West Midnapore district who committed suicide and his friends told police that Dey had told them about being engaged in playing the deadly game.

Justice Dipak Misra sworn in as the 45th Chief Justice of India

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Justice Dipak Misra was on Monday sworn-in as the new Chief Justice of India and will remain at the helm till October 2, 2018, a tenure of almost 14 months.Outgoing CJI JS Khehar had recommended his name as his successor last month.64-year-old Justice Misra has practised in Constitutional, Civil, Criminal, Revenue, Service and Sales Tax matters in the Orissa High Court and the Service Tribunal.Justice Misra became the Chief Justice of the Delhi High Court on May 24, 2010 and got promoted as a Judge in the Supreme Court of India on October 10, 2011.Justice Misra helmed the bench which upheld the death penalty of the four convicts accused in the December 2012 Delhi gangrape. He was also on the bench that rejected the appeal by 1993 serial blast convict Yakub Menon, seeking a stay on his death sentence.Justice Misra was also the head of the bench that had made it mandatory for all cinema halls to play the national anthem before start of every movie show.Justice Misra enrolled as an Advocate on February 14, 1977. In 1996, he was appointed as an Additional Judge of the Orissa High Court and a year later was transferred to the Madhya Pradesh High Court where he became a permanent judge.In 2009, Justice Misra was appointed as the Chief Justice of Patna High Court and in 2010 became the Chief Justice of the Delhi High Court. He was appointed as a Supreme Court judge on October 10, 2011.

Dera fallout: Panchkula DCP Ashok Kumar suspended by Haryana government

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Facing flak over failure to check violence by Dera Sacha Sauda followers, Haryana government on Saturday suspended the Deputy Commissioner of Police of Panchkula, alleging that a “defective” order by him allowed the crowd build-up in the district.”Yes there was a lapse and that why we have suspended DCP Panchkula, “Haryana Additional Chief Secretary (Home) Ram Niwas said, adding that the prohibitory order issued by the officer only barred carrying of weapons and not a gathering of five or more persons.At least 29 people were killed and 250 injured in Panchkula after frenzied Dera followers went on a rampage following the rape conviction of self-styled godman Gurmeet Ram Rahim Singh by a special CBI court yesterday.”It was because of the defective prohibitory orders issued under Section 144 by the Deputy Commissioner of Police (Panchkula) that a large number of Dera followers managed to come to Panchkula,” Niwas told PTI today.He was asked why the BJP government led by Manohar Singh Khattar allowed the “build-up” of Dera followers in Panchkula when there was apprehension that things could spiral out of control if the court verdict comes against Dera chief Gurmeet Ram Rahim Singh in a 2002 rape case.He said the order issued under Section 144 of the Criminal Procedure Code (CrPC) by the DCP only prohibited people from carrying weapons and remained silent on assembly of five or more persons.”It did not mention prohibiting gathering of five or more persons,” Niwas said.Dera followers came to Panchkula in droves to have glimpse of the Dera chief, referred to as ‘Pitaji’ (father) by them, despite the prohibitory orders.”When I visited Panchkula on August 24, I inquired that why Dera followers have been allowed in large numbers in Panchkula.”I was told that there was no mention of prohibiting assembly of five or more people in the Section 144 order and that is why security personnel were unable to stop Dera followers from coming to Panchkula. It was a defective order issued by Panchkula DCP,” said Niwas.By that time, a large number of Dera followers had already arrived, said Niwas.

Reply on filing false affidavit: HC to Kejriwal

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Delhi High Court on Wednesday issued a notice to Delhi Chief Minister Arvind Kejriwal after an application was moved by Union Minister Arun Jaitley seeking perjury proceedings against the CM for allegedly filing a false affidavit. Kejriwal, in the affidavit, claimed that he had not asked senior advocate Ram Jethmalani to use abusive language against Jaitely.Justice Manmohan has sought Kejriwal’s response to the application within four weeks.The application, moved by the Union Minister through his counsel Manik Dogra, stated that the affidavit filed by the AAP chief is “blatantly false and is an offence affecting the administration of justice”.On May 17, Jethmalani, appearing for Kejriwal, had used the word ‘crook’ during the proceedings of a defamation case filed by Jaitley against Kejriwal.Jaitley, who had filed the civil defamation suit claiming Rs 10 crore damages from Kejriwal and five other AAP leaders, had filed another defamation suit of Rs 10 crore against the Chief Minister alone after Jethmalani said that he had used the word ‘crook’ on the instance of his client.The noted jurist had quit as the counsel for the CM in two defamation cases after Kejriwal said that he had not told Jethmalani to use the word ‘crook’ infront of the Joint Registrar during the proceedings in the Delhi High Court.In his affidavit filed on July 24, Kejriwal had said that “it was inconceivable that he would even think of instructing the senior counsel to use such objectionable words”.The 10-page application, filed on Wednesday, requested the court to pass directions for registering an criminal complaint against Kejriwal for making false statements.”Committing a perjury before this Hon’ble court by making false and untrue averments in pleadings squarely covers under Section 340 of Code of Criminal Procedure, 1973 and the defendant no 1 (Kejriwal) deserves to punished in accordance with the law,” the application stated.On July 26, the high court had asked Kejriwal not to put “scandalous” questions to Jaitley during the cross-examination in the defamation suit filed by the Union minister against the chief minister and five others — Raghav Chadha, Kumar Vishwas, Ashutosh, Sanjay Singh and Deepak Bajpai.The date for cross-examination of Jaitley was deferred from July 28 to August 28 after the counsel appearing for the CM sought time from the court.Jethmalani had written a five-page letter, a copy of which has also been sent to Jaitley, where he had stated, “Ask your conscience, how many times you used worse abuses than a mere crook. You have hundred times told me to use the word ‘crook’. You have hundred times told me to teach this crook a lesson.”

Shah Bano Case: All you need to know about the case that made history

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Shah Bano was 62-year-old when her well-known lawyer husband threw her out of their Indore house.The mother of five could have been yet another story of an oppressed woman subjected to humiliation by her husband.Instead, Bano decided to fight her husband, the male-dominated society and changed the system forever.Here’s a brief time-line of the Shah Bano case that became a milestone.April, 1978: Mohammed Ahmad Khan divorces Shah Bano after his second marriage and refuses to provide her promised maintenance of Rs 200. Bano files a plea in a local court against her husband under Section 125 (Code of Criminal Procedure) asking him to provide the money for her and her children.November, 1978: Mohammed Ahmad Khan gives Shah Bano an irrevocable talaq and says since she is not his wife under Islamic law, he is not obliged to pay her the maintenance.August, 1979: Shah Bano wins maintenance case with the local court ordering Khan to provide her with maintenance of Rs 25 per month.July, 1908: Shah Bano files another plea asking for a revised maintenance. The Madhya Pradesh High Court gives order in her favour with a revised maintenance of Rs 179.20.February, 1981: The two-judge Bench refers the Shah Bano case to a larger Bench.April, 1985: In a landmark judgment, the Supreme Court rules in favour of Shah Bano and upholds the decision by the High Court.1986: Rajiv Gandhi comes to power in 1984 after the assassination of his mother Indira Gandhi. In what is seen as caving in under pressure form Muslim hardliners, PM Rajiv Gandhi enacts a law in Parliament and overturns the Supreme Court judgment in the Shah Bano case. The 1986 Muslim Women (Protection on Rights of Divorce) Act diluted the Supreme Court judgment and allowed maintenance to a divorced woman only during the period of iddat, or till 90 days after the divorce.

Govt plans to abolish physical police verification for passports

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The physical police verification for getting a passport will soon be a thing of the past as the government plans to connect the service with a robust national database of crimes and criminals that will check the antecedents of applicants at the click of a mouse.Union Home Secretary Rajiv Mehrishi said the Crime and Criminal Tracking Network and Systems Project (CCTNS) is expected to link with the passport service of the Ministry of External Affairs and it will replace physical police verification for passport applicants with online verification in a year.”Police in some states are already using CCTNS for passport credentials. Police will be given hand held devices to go to an applicant’s address and his or her details will be uploaded with the network. It will minimise contact with police and reduce time,” he told reporters here.Mehrishi was speaking after Home Minister Rajnath Singh launched a digital police portal under the CCTNS project, which aims to create a national database of crimes and criminals and connect country’s all 15,398 police stations with it. He said with the port, mandate of the CCTNS has been expanded by incorporating citizen centric services tenant verification, which could be done with the consent of the person being verified, quick registration of FIR in any crime and connecting the network with criminal justice delivery system.Asked about the safety of the database, the home secretary said possibility of hacking was always there but enough safeguards have been put in place and the National Critical Information Infrastructure Protection Centre has been roped in for the task. The home minister said the digital police portal will provide citizens, facility for online complaint registration and request for antecedent verification.”The police portal will provide 11 searches and 46 reports from the national database for state police and central investigation agencies. Central investigating and research agencies have also been provided logins to the digital police database to access crime statistics,” he said after launching the portal. Singh said the CCTNS has enabled 13,775 out of 15,398 police stations to enter 100 per cent data into the software.He said as of now the CCTNS national database has around 7 crore data records pertaining to past and current criminal cases. Singh said the CCTNS project will help in realising the Prime Minister Narenda Modi’s dream of ‘Minimum Government Maximum Governance’. A home ministry official said the CCTNS will facilitate pan-India search on complete national crime and criminal database that is accessible to the investigating officers throughout the country.The CCTNS project will interconnect about 15,398 police stations and additional 5,000 offices of supervisory police officers across the country and digitise data related to FIR registration, investigation and charge sheets in all police stations. The project has been extended by the government for one year till March 2018.The one-year extension will help the government to comprehensively achieve the remaining goals of the CCTNS, which was conceived by the former Home Minister P Chidambaram when the UPA was in power. With a total budget of Rs 2,000 crore, a sum of Rs 1,550 crore has been spent till 2016-17. The inter-operable criminal justice system aims to integrate the CCTNS project with e-courts and e-prison data bases in the first instance and with the other pillars of the criminal justice system, another official said.The integration will be achieved by providing access to the judiciary, police and prisons through a desktop dashboard to facilitate expeditious and informed decisions and aid investigations. The full implementation of the project with all the new components would lead to a central citizen portal having linkages with state-level citizen portals that will provide a number of citizen-friendly services, the official said. These include services like police verification for various purposes like issuance of passport, reporting a crime and online tracking of the case progress, online reporting of grievances against police officials, accessing victim compensation fund and legal services etc.

In a year, no more physical police verification for passports:

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The physical police verification for getting a passport will soon be a thing of the past as the government plans to connect the service with a robust national database of crimes and criminals that will check the antecedents of applicants at the click of a mouse. Union Home Secretary Rajiv Mehrishi said the Crime and Criminal Tracking Network and Systems Project (CCTNS) is expected to link with the passport service of the Ministry of External Affairs and it will replace physical police verification for passport applicants with online verification in a year. “Police in some states are already using CCTNS for passport credentials. Police will be given hand held devices to go to an applicant’s address and his or her details will be uploaded with the network. It will minimise contact with police and reduce time,” he told reporters here. Mehrishi was speaking after Home Minister Rajnath Singh launched a digital police portal under the CCTNS project, which aims to create a national database of crimes and criminals and connect country’s all 15,398 police stations with it. He said with the port, mandate of the CCTNS has been expanded by incorporating citizen centric services tenant verification, which could be done with the consent of the person being verified, quick registration of FIR in any crime and connecting the network with criminal justice delivery system. Asked about the safety of the database, the home secretary said possibility of hacking was always there but enough safeguards have been put in place and the National Critical Information Infrastructure Protection Centre has been roped in for the task. The home minister said the digital police portal will provide citizens, facility for online complaint registration and request for antecedent verification. “The police portal will provide 11 searches and 46 reports from the national database for state police and central investigation agencies. Central investigating and research agencies have also been provided logins to the digital police database to access crime statistics,” he said after launching the portal. Singh said the CCTNS has enabled 13,775 out of 15,398 police stations to enter 100 per cent data into the software. He said as of now the CCTNS national database has around 7 crore data records pertaining to past and current criminal cases. Singh said the CCTNS project will help in realising the Prime Minister Narenda Modi’s dream of ‘Minimum Government Maximum Governance’. A home ministry official said the CCTNS will facilitate pan-India search on complete national crime and criminal database that is accessible to the investigating officers throughout the country. The CCTNS project will interconnect about 15,398 police stations and additional 5,000 offices of supervisory police officers across the country and digitise data related to FIR registration, investigation and charge sheets in all police stations. The project has been extended by the government for one year till March 2018. The one-year extension will help the government to comprehensively achieve the remaining goals of the CCTNS, which was conceived by the former Home Minister P Chidambaram when the UPA was in power. With a total budget of Rs 2,000 crore, a sum of Rs 1,550 crore has been spent till 2016-17. The inter-operable criminal justice system aims to integrate the CCTNS project with e-courts and e-prison data bases in the first instance and with the other pillars of the criminal justice system, another official said. The integration will be achieved by providing access to the judiciary, police and prisons through a desktop dashboard to facilitate expeditious and informed decisions and aid investigations. The full implementation of the project with all the new components would lead to a central citizen portal having linkages with state-level citizen portals that will provide a number of citizen-friendly services, the official said. These include services like police verification for various purposes like issuance of passport, reporting a crime and online tracking of the case progress, online reporting of grievances against police officials, accessing victim compensation fund and legal services etc.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

34 Thai women among 65 rescued after police raid spas

<!– /11440465/Dna_Article_Middle_300x250_BTF –>As many as 65 women, including 34 from Thailand who were allegedly trafficked for flesh trade, were rescued by the Cyberabad Police from 12 spas and massage parlours here in a major crackdown. Police have arrested one Dasari Sidharth, suspected to be the kingpin, and 19 others on charge of trafficking women and running the flesh trade under the guise of the spas and massage centres. “Several special teams conducted raids in a coordinated manner and almost all of the spas and massage parlours were found to be indulging in illegal activities like trafficking of women from foreign countries and North Eastern states and carrying out flesh trade,” a senior police official said today. He said the police had a reliable information that most of these facilities operating under the limits of Madhapur, Raidurgam and Gachibowli police stations were involved in illegal activities. It was found that these centres have been indulged in trafficking by procuring girls from Thailand, North Eastern states and some local girls for flesh trade and other sexual services, the official said, adding that the accused used to collect heavy amounts from customers. A total of 65 trafficked women, including 34 from Thailand, 21 from N-E states, one from Punjab and nine from Hyderabad were rescued during the raids. The investigation has revealed that Siddarth, who is operating these facilities, is procuring teenaged girls from Thailand through a woman named Kake, a native of Thailand. “She is transporting girls from Thailand under the guise of employment in massage centres on the monthly payment,” the official said. “The Thai girls came here on a business/ tourist visa. Once the girls reach Hyderabad, the accused used to take possession of their passports and engaged them in spas and massage parlours run by him for flesh trade and other sexual services other than the massage,” according to police. He further said as there is a likelihood of these premises continuing their illegal activities, the executive magistrate is being requested to seize them. Criminal cases have been booked against these spas under relevant sections of Immoral Traffic (Prevention) Act and under appropriate sections of the IPC. “The victims are being sent for medical examination. The investigation will also focus on online booking, payment gateways, trail of money transactions, bank accounts and transaction details, etc,” the official added.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

I went to Sanwrad as policeman, not a Rajput community member: Ajit Singh

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The new DGP has come out strongly against eulogising a criminal like Anandpal. He says he failed to understand why the so-called community leaders did not realise this. He also said that he went to Sanwrad as a policeman, not as a member of Rajput community as his first loyalty is to his profession.What will be your priorities as DGP?The priorities of police don’t change. They priorities are to provide security to property, life and liberty of a person. What you do is strengthen your core policing your intel network pertaining to crime, your investigation and your follow up in court. Next four months I don’t have to do anything new. I have to ensure that circulars and orders are followed properly and these things become part of their regular work.Do you think there is laxity in some police affairs?There could be laxity but basically, there is a burden of work. When there is a burden of work, you sometimes try to cut corners. So these things need to be addressed with proper supervision and proper guidance also because sometimes because of lack of guidance, you may be wasting time at something where it is not required. The middle-level supervisory officers have to do their job more efficiently and understand what they have to look for.How would you convince the home department over lack of adequate personnel in force?Frankly, the government is quite sensitized to it also and right now our capacity to train people is limited. So even if we get a permission to fill up vacancies, we probably not be able to do that. If we fill that up here do we train them? We can’t be dependent on other agencies to train our people. In dire needs, we can go to them but they may not have vacancies to train them. So we can induct as many people as we can train and that we are doing.How can incidents like Sanwrad be stopped and how does that affect the peace process?The issue is not what affects or can not affect the peace process. The verge issue with this incident is there was a criminal who was being eulogised. And I don’t understand why the so called leader of the community does not realise this. They may have had any grievance against the government or any agency but what they were actually doing was sort of legitimising crime within the community or society. Like if you become a big criminal like Anandpal and we will be there for you, a horde of people will gather for you. And you see all the charter of demands, there is not a demand which does not pertain to help the criminal. Whether it is the case reviewed or the case against the family withdrawn, they want cases against agitators withdrawn, they want bail for the family, they want properties, which they claim was their, to be given back to them, which have been attached to government’s name. There is no demand in which the community gains, only the criminal gains. And when you have a criminal being eulogise, there are all sorts of fringe elements which infringe the law time and again.How do you think these incidents can be stopped in future?Look, I went there as a policeman and not as a member of the community. I belong to the Rajput community, that’s by birth over which I have no control, I have no choice. But, I have chosen a profession which is a matter of choice so my loyalty stays first to my profession. And if an incident like this arises, we will have to deal with it professionally.What do you think should be done to keep youth out of such issues. What can be done to sensitise the youth so that they do not follow on such a path?We need responsible leadership for that. A leadership which understands the cause for which they are mobilising the youth or community. A leadership which also realises its limitation that if things go beyond a certain point, they will not be in the interest of community. And a leadership which the people can look upto. In this can what I feel is there were lot of people claiming to be leaders but not having any following. So, in such a situation when you pose as a leader, but don’t have a handful of people following you, it’s a free take for all situation.What about the ranking system initiated by former DGP? Can we see it sometime in the future?It is a good beginning but it may not give you a comprehensive picture of what’s going on in a police station. Like for the Sanwrad incident, if such an incident has happened in a police station’s area and it has been tackled properly, then I think they would have done a marvellous job. But if you go by the ranking parameters, they would probably be miserable because it has various parameters that have to be looked into. It is a good beginning, it needs to be modified but it can’t be a straight jacket sort of situation that things have to be a certain way and nothing more. It has to be a flexible system and with flexibility subjectivity also comes in. But, then you are not dealing with machines, you are dealing with a situation which arises in unexpected situations and manners. So you can’t have a put and drive system.

AAP MLA in Punjab booked for assaulting woman, denies charges

<!– /11440465/Dna_Article_Middle_300x250_BTF –>An Aam Aadmi Party (AAP) MLA from Punjab was today booked for allegedly assaulting a woman, police said. A case was registered against Amarjit Singh Sandoa, MLA from Rupnagar seat, under various sections of IPC including 354 (intent to outrage modesty of woman), 323 (Voluntarily causing hurt) and 506 (Criminal intimidation), Senior Superintendent of Police Raj Bachan Singh Sandhu said. The case was registered by the local police station on the complaint of a 55-year-old woman. The MLA, however, trashed the allegations against him and alleged there was a conspiracy against him. Sandoa had allegedly taken the house of the woman on rent in November 2016 to use it as his election office and he vacated it in April this year. He had agreed to pay Rs 30,000 per month, the woman claimed. The woman in her complaint alleged that Sandoa had not paid the rent and the electricity bill of the house and also caused damage to the structure. In her complaint, she said Sandoa owed her Rs 2.50 lakh and alleged that the MLA was not paying the amount. Yesterday, when she went to his house for payment of the dues, the AAP MLA allegedly thrashed her, she said in her complaint. The woman claimed that she even approached AAP state unit president Bhagwant Mann and co-president Aman Arora to get her dues paid but to no avail. Sandoa, however, said that only electricity bills were pending against him. He said the complainant came yesterday along with a man. An altercation broke out with the man accompanying her on some political issue, he said claiming that he never touched the complainant. He alleged that it was a political conspiracy against him so that he may not contest next elections from Rupnagar seat. Meanwhile, SAD spokesman Daljit Singh Cheema demanded immediate arrest of Sandoa.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Child trafficking case: CID sleuths quiz BJP MP Roopa Ganguly

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The West Bengal CID today questioned BJP’s Rajya Sabha MP Roopa Ganguly here in connection with a child trafficking case in Jalpaiguri, a senior official said. A team of the agency’s officers went to Ganguly’s south Kolkata residence to question her over her alleged meeting with former BJP women wing general secretary Juhi Chowdhury, an accused in the case who was under arrest, a senior CID official said. The Criminal Investigation Department (CID) had unearthed a child trafficking racket earlier this year under which babies and children were allegedly sold, some to foreigners, through illegal adoption deals. Ganguly later told reporters, “They wanted to ask some questions to solve the case and understand the situation. I told them what I knew. There is no charge against me. It is a political vendetta. I am saying this from day one. They are wasting my time.” Alleging that false cases were slapped against BJP workers in the state, the Rajya Sabha MP said she believed that Chowdhury was “not guilty”. The state CID had also summoned BJP national general secretary Kailash Vijayvargiya and two other leaders for questioning in the same case. The probe agency had arrested several people, including the head of a child protection agency in Darjeeling and a member of a child welfare committee, on charges of child trafficking. Those arrests were part of a widening probe into the adoption racket at the Bimala Shishu Griho, a children’s home in Jalpaiguri town. Chowdhury and the chief adoption officer of the children’s home, Sonali Mondal, the home’s chairperson Chandana Chakraborty and her brother Manas Bhowmik were arrested earlier. They have been charged with selling about 17 children, aged between one and 14 years, to foreigners while falsely claiming that the children were handed over for legal adoption to needy couples after due screening and official procedures. The CID had unearthed the child trafficking racket during raids at homes and nursing homes in the Baduria area of North 24 Parganas district, in Behala in the southern fringes of Kolkata and some other parts of south Bengal in November last year.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

CrPC provision to recall witness not to plug loopholes: Court

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The provision of recalling witnesses under the Code of Criminal Procedure (CrPC) cannot be used for plugging loopholes in a case, a Delhi court has said while rejecting a plea to re-examine the alleged victim by the man accused of molesting her. The court made the observation while dismissing the plea of the man, accused of molesting and threatening a woman in 2014, seeking her recall on the ground that during cross- examination, his counsel did not ask her about the previous enmity between her husband and him. The court, while rejecting his plea, also noted that there was a delay in filing the application to seek recalling of the complainant and that her cross-examination was already complete. “In view of the contents of the cross examination of the complainant and delay in filing the application under section 311 of CrPC, the court does not find any ground to allow the revision petition for recalling the complainant for further cross-examination. “The provision under section 311 of CrPC cannot be used for plugging the loopholes, if any,” Additional Sessions Judge Vrinda Kumari said. The court also rejected his submission that due to change in counsel, his petition be allowed. “Change of counsel cannot be a ground to invoke provision of section 311 of CrPC where the previous counsel has already cross examined the witness,” it said. Challenging a February 15 order of a magisterial court rejecting his plea for re-examination of the woman, the accused claimed that there was a property dispute between him and the complainant’s husband which gave rise to this molestation complaint. The woman was not asked about this dispute by his counsel during cross-examination, he claimed while seeking a last and final opportunity to cross-examine the complainant. The court, however, said the cross examination of the complainant “makes it amply clear that counsel for the accused had put suggestions to the complainant that would show a pre- existing dispute between the parties”.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

CID summons Roopa, Vijayvargiya in child trafficking case

<!– /11440465/Dna_Article_Middle_300x250_BTF –>BJP Rajya Sabha MP Roopa Ganguly, party general secretary Kailash Vijayvargiya and two other leaders were today summoned by the CID for questioning in connection with the Jalpaiguri child trafficking case. Reacting on the summons to the leaders, West Bengal BJP alleged that it was a conspiracy of ruling Trinamool Congress to tarnish the party’s image. “A notice has been sent to Kailash Vijayvargiya and Roopa Ganguly and two others in connection with the case,” a senior Criminal Investigation Department (CID) officer told(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

AAP wants ACB to register FIR in CDM Smith bribery case

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Aam Aadmi Party (AAP) in Goa has demanded that the anti-corruption bureau (ACB) should immediately register a First Information Report (FIR) in the CDM Smith bribery case. “Aam Aadmi Party demands that all chief ministers, PWD ministers, PWD secretaries and PWD engineers holding relevant offices in the 2011 to 2015 period are suspects in the bribery scandal and must be named in the FIR,” says a release issued by the party here. “It is shocking that different yardsticks are being applied to the CDM Smith bribery scam as against the Louis Berger scam. “PWD Minister Sudin Dhavlikar’s claim that an inquiry is ordered is an eyewash and a shabby attempt to give himself a clean chit,” the party said. Dhavalikar had told reporters that he has initiated an inquiry to find out whether any Goa official was involved in the bribery scam. He has ordered the department to furnish the report within 10 days. “How can PWD investigate its own functioning. The bribery has already happened. It’s in black and white. PWD minister and PWD have no locus-standi to ‘inquire,” AAP said. “They have to be investigated. Dhavlikar himself, along with all CMs, PWD Secretaries, NHAI officials and local PWD officials who held office between 2011 and 2015 are prime suspects. All have to be investigated,” it added. The party said it will soon take the CDM Smith bribery case to the Goa Lokayukta. The road transport and highways ministry governs the National Highway Authority of India (NHAI) whose unidentified officials are said to have been paid bribe by the US firm between 2011 and 2015 to secure highway construction supervision and design contracts and the water project contract in Goa. The Criminal Division of the US Justice Department had recently said that the US company, through its employees and agents, and those of its wholly-owned subsidiary in India (CDM India), paid approximately USD 1.18 million (about Rs 6.70 crore) in bribes to government officials in India, resulting in approximately USD four million in net profit. Between 2011 and 2015, employees of CDM Smiths division responsible for India operations and CDM India paid bribes to NHAI officials in order to receive contracts from them, the Justice Department said in the letter to CDM Smith. In addition, the CDM Smiths division responsible for India and CDM India paid USD 25,000 to local officials in Goa in relation to a water project contract, it said.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Factories not shifted out of residential areas irks HC

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Delhi High Court has expressed displeasure over the presence of industries in the residential areas here and “failure” of the authorities to relocate them to designated sites on the outskirts of the city. A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar said that continuing with the industrial units in the non-conforming or residential areas amounts to a violation of the Supreme Court’s directions against such practice. The court made the Delhi State Industrial and Infrastructure Development Corporation Ltd (DSIIDC) and North Delhi Power Limited (NDPL) as parties in the case and sought their response by August 10 on what action can be taken against the defaulting units. It said there is no reason for people who were alloted land in the industrial areas of Narela and Bawana here to relocate their units should continue to hold those plots, alloted by DSIIDC, despite not shifting to that place. The bench noted in its order that such industrial areas were set up by the government at a huge cost to the public exchequer. It said that non-shifting of the units to industrial areas was not only contempt of the apex court’s orders, but also punishable under the Delhi Municipal Corporations Act, IPC and the Criminal Procedure Code. The bench noted that despite the seriousness of the violation, no action has been reported. The court also observed that while the North Delhi Municipal Corporation (NDMC) has claimed to have sealed 339 properties, it has not given the dates when such action was taken. “Clearly officials of the NDMC have connived in the same and their liability has to be fixed,” the bench said and sought details of the corporation’s officials posted in the area during the relevant period. The court also directed the NDMC to carry out a fresh inquiry of the industries and inform the bench about the zone-wise details of the units within two weeks from July 6. “The details shall disclose the date of commencement of the industrial activity and date of the sealing of properties,” the bench said. The NDMC has been directed to provide a list of the sealed units to the DSIIDC and the NDPL within two weeks. DSIIDC has been asked to place on record, within two weeks, the persons who were alloted land in the two industrial areas but have not relocated their units there. DSIIDC, in an affidavit, also has to disclose why required action has not been taken against those allottees who have not moved to the plots given to them in the industrial area.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Hry vigilance registers over 400 criminal cases since Oct 14

<!– /11440465/Dna_Article_Middle_300x250_BTF –>State Vigilance Bureau has registered 305 inquires and 408 criminal cases against various officials, since the BJP government came to power in Harayana in October 2014. A spokesman of the Bureau said here today that along with a recovery of over Rs 7.25 crore, action has been recommended against 333 officials of various departments between October 26, 2014 and June 30, 2017. The complaints against them are regarding alleged corruption, misappropriation of government funds and owning disproportionate assets, he said. The officers under scrutiny included four IAS, three HCS, six chief engineers, four superintending engineers, 40 executive engineers, four tehsildars, four naib tehsildars, 41 sub divisional officers, sub divisional engineers and municipal engineers of other departments. The spokesman said that 175 inquires have been finalised during the period and criminal cases have been recommended against 32 gazetted officers and 31 non-gazetted officers and 28 others. Apart from this, the departmental action has been recommended in 58 inquires against delinquent officials, he added. He said that State Vigilance Bureau conducted 336 raids during the period in which 45 gazetted officers, 327 non- gazetted officers and 44 other persons were caught red-handed while allegedly accepting illegal gratification. Criminal cases under the provisions of Prevention of Corruption Act, 1988, have been registered against them in the Police Stations of the State Vigilance Bureau. He said that 101 cases have been decided by the Courts, in which 113 officers and officials and 38 other private persons have been convicted. Those sentenced included 25 officials of Revenue Department, 20 of Police Department, 15 of Education Department, nine of Co-operation Department, seven of Power Department, five each of Health and Local Bodies Departments, among others. Highest numbers of persons convicted belong to Revenue, Police and Education Departments followed by Co-operation Department. Jail terms up to five years have been awarded by the Courts in these cases, he further added.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

‘Mamata filing FIR against entire Darjeeling’ BJP calls for probe

<!– /11440465/Dna_Article_Middle_300x250_BTF –> Training guns on Mamata Banerjee over the growing Darjeeling unrest, the Bharatiya Janata Party (BJP) on Tuesday said that the West Bengal Chief Minister was ?filing an FIR against the entire population of the state?. ?Mamata Banerjee has filed an FIR against entire population of Darjeeling. Whosoever said ?I’m Gorkha and fighting for my identity?, everybody is charged against this. When they were fighting against their language then also FIR was filed,? Darjeeling BJP MP S.S. Ahluwalia told the media. Ahluwalia further demanded a high level probe into the killing of three people in a police firing during a violent agitation for a separate Gorkha state on Saturday. ?Who ordered to open fire on the people who were marching for peace. Did the police force follow the Section 144 under Code of Criminal Procedure (CRPC) before firing guns? If they didn?t, then it is not only unfortunate but also illegal. A high level probe should be ordered into this and action should be taken against the the officials who are guilty. The accused officials should also be asked to pay the compensation to the family of the deceased,? he added. Lambasting the West Bengal Chief Minister for not taking cognizance of the incident, he said, ?Mamata Banerjee has not even expressed condolence over the incident or help the deceased family. She should work like a Chief Minister not like a TMC leader.? Asserting that he would fight to bring justice for Gorkha, Ahluwalia informed that he has urged Home Minister Rajnath Singh to resolve the political unrest via dialogue. ?It is my moral duty to inform the government about the problems people are facing in my constituency. I also requested the Home Minister to intervene in the matter and resolve the political unrest via dialogue in a meeting with GJM leaders and state government and central government. However, Mamata rejected our proposal,? he added. Reacting to Mamata?s assertion that Gorkha Janmukti Morcha(GJM) is linked with some terror outfits, he said, ?During a press conference she had called Gorkha a terrorist which is a very big crime and mistake. Before demeaning them she should have recalled the sacrifice of the Gorkh.? “It(GJM) is linked with some terror groups in the North East. I would like to request insurgency groups not to extend any support to them. They are also getting help from other countries. I will not comment on this matter as the concerned agencies are looking into it,” Mamata had said on Saturday. While the indefinite strike called by GJM entered its eighth day, the West Bengal Chief Minister on Monday left for her Netherlands tour. Mamata, who left to address a United Nations meet, said her ministers were monitoring the situation in violence-hit Darjeeling. “Violent protests won’t be tolerated. My ministers are monitoring the situation,” she told ANI at Kolkata airport. Meanwhile, Rajnath Singh on Saturday said he has spoken to Mamata over the law and order situation in Darjeeling. The GJM announced an indefinite strike encompassing Darjeeling and Kalimpong districts and the Dooars protesting against Mamata Banerjee’s decision to make Bengali language compulsory in state-run schools. The strike was called even after the Chief Minister assured that the new rule would not be imposed in the hill districts. The protestors are also asking for a separate Gorkhaland, a long pending demand of the people of the hills.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

ED opposes in HC bail plea of businessman in PMLA case

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Enforcement Directorate (ED) today opposed in the Delhi High Court the bail plea of a businessman arrested in connection with a post-demonetisation money laundering case, also involving a lawyer. The agency told Justice A K Chawla that the accused had allegedly illegally converted demonetised notes into valid currency. The ED’s counsel Ajay Digpaul submitted that accused Yogesh Mittal, who was today sent to judicial custody by a trial court here, was “instrumental in picking up the demonetised cash during the period of November 14-19 last year and deposited it in various bank accounts of shell companies”. He told the court that Mittal, who was arrested on June 5 for the offence of money laundering, could seek bail from the trial court also. The petitioner’s lawyer claimed that his arrest was illegal as he had already joined the investigation and appeared before the ED on 10 occasions. He contended that Mittal was not named in any of the scheduled offences listed under the Prevention of Money Laundering Act (PMLA) for him to be arrested under this law. Mittal, in his plea, has said that no enforcement case investigation report (ECIR) has been lodged against him and that the ED has not followed the procedure laid down under the Criminal Procedure Code prior to arresting him. However, his contention was opposed by the ED on the ground that he was picked up in connection with his alleged role in the illegal conversion of demonetised currency notes worth Rs 51 crore in “connivance” with lawyer Rohit Tandon, a suspended Kotak Mahindra bank manager and another person who had acted as the entry operator or illegal fund router. A “conspiracy” was hatched among Mittal, Tandon’s CA, Kamal Jain, ex-bank manager Ashish Kumar, entry operator Raj Kumar Goel and others, the agency claimed. It contended that the accused allegedly planned to collect and deposit the demonetised currency in various accounts of firms which have huge cash in hand and from those accounts demand drafts (DDs) in fictitious names would have been issued. “Later, these DDs would be cancelled to get the money back into the accounts, thus converting the demonetised currency into monetised currency,” the agency said. Currency notes of Rs 1000 and Rs 500 were demonetised by the government on November 8 last year. The ED took over the case and registered an FIR under the PMLA after taking cognisance of a Delhi Police Crime Branch FIR on alleged fake accounts with deposits of Rs 34 crore.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Need effective strategies to counter cyber propaganda, says

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Jammu and Kashmir Governor N N Vohra today said there is need to come up with effective strategies to counter cyber propaganda while also emphasising the need to understand larger issues related to the society. The governor said this during a meeting with a delegation from the Rajasthan-based Centre for Peace and Conflict Studies (CPCS). Vohra discussed several issues including about the need to understand the perspectives of various stakeholders, reasons for unrest and also the role of social media in influencing the youth to take up stone-pelting against the security forces, an official spokesperson said. During discussions, the Governor stressed the importance of critically analysing all aspects of the disturbances and the operations carried out by the security forces to deal with them. He stressed on the need to analyse the factors responsible for the success or failure of the approaches followed in dealing with disturbances and the reasons for the local populations getting involved, the spokesman said. The governor’s suggestions came at a time when the Kashmir valley has seen several incidents of unrest including stone-pelting. Vohra emphasised on the need for undertaking case studies of the law and order problems being faced in various parts of the country to adequately understand the genesis and the root causes of the various complex problems which are detrimental to peace and harmony. He underlined the vital importance of coming up with effective strategies to counter cyber propaganda besides acquiring a sound understanding of the issues facing the society, the spokesman said. CPCS is a part of the Sardar Patel University of Police, Security and Criminal Justice and deals with education and research on internal security, counter terrorism, border security and strategic affairs with the objective of helping in enhancing national security.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Yogendra Yadav, Medha Patkar detained, stopped from entering Mandsaur

<!– /11440465/Dna_Article_Middle_300x250_BTF –> Swaraj India chief Yogendra Yadav, social activists Medha Patkar, Swami Agnivesh and JNUSU president Mohit Kumar Pandey were detained by the police on Sunday when they were trying to enter restive Mandsaur district in Madhya Pradesh to meet the deceased farmers? kin. The activists, backed by at least 100 people, claimed by officials, were detained by the police under the Preventive Custody Act 151 for violating Section 144 of the Criminal Procedure Act. According to officials, the activists were repeatedly advised not to enter the violence hit district as Section 144 was imposed, which prohibits the assembly of more than four people in an area. ?Under the Section 144, more than four to five people cannot assemble. We repeatedly requested them to follow the orders. There are at least 100 people with them. It is clearly a violation of the rule. Hence we first cautioned them and then took action,? Mandsaur?s Sub Divisional Magistrate R. P. Verma told ANI. However, Yogendra Yadav claimed that there were only four of them and were following the orders diligently. ?We don?t know why we were arrested, there is no curfew. We did not violate Section 144. When we asked for the order they did not show it to us. What democracy is this?? Yadav told ANI. Expressing similar concerns Swami Agnivesh said, ?It seems that rule of law is only applicable to those who believe in non-violence. The police are only meant to stop us and not for those who indulge in hooliganism.? Superintendent of Police Deepak Kumar Shukla has said that the activists have been placed under police custody and will be cautioned to not to enter the district again. ?We have taken them into custody under the Cr.PC 151. We will take them to Jaora where some paperwork needs to be done and some conditions will be imposed on them. We will ask them not to go to Mandsaur, if they still persist, we will arrest them and put them in jail,? Shukla told ANI. Mandsaur has been in the grip of intense farmers? agitation who have been protesting against loan waiver and good prices for their produce. On June 6, the curfew was imposed after five farmers were killed in police firing during a farmers’ protest.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Land grab case: Court asks ex-Goa minister to appear on Jun 17

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A court in Panaji today directed former Goa tourism minister Dilip Parulekar and two others to appear before it on June 17 in connection with a land grab and cheating case filed against them. Social activist Aires Rodrigues had filed a case against Parulekar and two other government officials accusing them of being involved in land grab near Panaji. North Goa Principal District and Sessions Judge Irshad Agha today directed Parulekar, Peter Martins, the then attorney of Comunidade of Serula, and Irene Sequeira, the then administrator of Comunidade of Bardez, to appear before the court. Comunidade is a Portuguese era community institution, which has land holdings across the state. The three accused have been directed to appear before the court on June 17 to face trial for the offences under sections 119, 120, 420 read with 120-B of the Indian Penal Code and Section 13(1)(c) and (d) of the Prevention of Corruption Act. The crime branch, which was investigating the case, had filed a reply in the court last year seeking to close the case against the trio. In December last year, the court, while rejecting the plea of the crime branch to close the case, had noted that it was not satisfied with the investigation conducted by the crime branch under Section 190 (1) (a) of the Criminal Procedure Code. Strongly opposing the move to close the case, Rodrigues had then submitted to the court that the crime branch, in an attempt to shield Parulekar, had derailed and vitiated the investigation by falsely and malafidely portraying to the court that he (Parulekar) was a victim, who was misled by the Comunidade officials to grab the land. Rodrigues also drew the court’s attention that the crime branch had repeatedly informed the court that the probe was almost complete and that only sanction from the government was awaited to prosecute the accused. In his complaint, Rodrigues had drawn the court’s attention that the 599 sq mt of prime land on the Chogm Road at Porvorim near Panaji was given away to Parulekar without any auction and without following the procedure laid down under the Code of Comunidade. The social activist had also alleged that the Comunidade of Serula had granted the land to Parulekar for just Rs 3,41,320 although it was worth over Rs one crore.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

CBI carries out searches in NCR over Corp Bank cheating

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The CBI today carried out searches at 10 locations in the national capital region after registering three cases of cheating and forgery against private companies for causing a loss of Rs nine crore to the Corporation Bank. The agency had registered three separate cases on a complaint from Corporation Bank against two then chief managers, director and proprietor of private firms, middlemen, an advocate and others on allegations of criminal conspiracy, cheating and forgery among others, a CBI spokesperson said. The accused allegedly floated various firms, took loans on the basis of fraudulent documents and managed to get loans sanctioned, he said. It is alleged that some private firms played important roles by providing false reports to get the loans sanctioned. Corporation Bank gave loans to the tune of Rs nine crore on the basis of false, fake and forged documents, he said.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Indian man arrested in airport security breach at LaGuardia Airport

<!– /11440465/Dna_Article_Middle_300x250_BTF –>An Indian national has been arrested and charged in connection with a security breach at LaGuardia Airport here, that led to the evacuation of a busy terminal at the airport earlier this week.The man, identified as 41-year-old Phani Kumar Varanasi, had entered into a secure area of Terminal B at the airport through a guarded exit on May 23. He told police that he was confused about where to go and had wandered into the restricted area at the terminal.His trespassing had caused a security scare and led to evacuation of the buys terminal, a report in the New York Daily News said.The Transportation Security Administration (TSA) said Varanasi, who has no criminal record, spent five minutes in the “sterile area” before returning to the public space through the same exit.The report said Varanasi, a general manager at an India- based manufacturing firm, was flying into New York from Detroit when the incident occurred.He was identified by police through surveillance video and a list of passengers aboard the flight.A video obtained by the Daily News showed Varanasi walking directly past a TSA security employee at a desk.The federal agency said appropriate action will be taken against the employee who did not stop Varanasi from going into a restricted area at the terminal.Varanasi was due in Queens Criminal Court for a hearing on a criminal trespass charge, the report added.Republican lawmaker Peter King called for a full investigation and explanation of how Varanasi was able to walk unchecked through a security guard from the airport s baggage claim to the off-limits area. “We have to be constantly on our guard, and the breach at LaGuardia has to be explained and corrected,” King tweeted.The report also said that police contacted Varanasi to come in for an interview at LaGuardia and arrested him after he voluntarily appeared.

Court rejects AAP leaders’ plea in Jaitley’s DDCA case

<!– /11440465/Dna_Article_Middle_300x250_BTF –>AAP leaders Ashutosh and Sanjay Singh have failed to get relief from a sessions court which rejected their plea against an order to put them on trial along with Chief Minister Arvind Kejriwal in a defamation complaint filed by Union Minister Arun Jaitley in the DDCA controversy.Additional Sessions Judge Rakesh Pandit dismissed the revision petition filed by the two Aam Aadmi Party leaders against the magisterial court’s order framing notice against them in the case.Notices under Code of Criminal Procedure (CrPC) framed in private criminal complaints are equivalent to framing of charges in criminal cases pursued by the State.The court said there was “sufficient prima facie evidence”, both oral and documentary, against the two AAP leaders and it appears that the statements given by them “are directly against” the complainant (Jaitley) and his family members.”Accordingly, the revision petition is dismissed in limine (at the threshold),” it said.In the revision plea, Ashutosh and Singh had assailed the trial court’s March 25 order framing notices against them.Manoj Taneja, an advocate associated with the case filed by the BJP leader, said the order was passed ex-parte (without hearing the other side) as the court did not find it necessary to issue notice to Jaitley.The two accused had claimed that Jaitley had alleged they had defamed his family members and hence “the complaint should have been filed by family members and thus Arun Jaitley has no locus standi to file complaint.”They had also cited lack of evidence against them in the case warranting the framing of notice.Asutosh and Singh, besides Kejriwal and AAP leaders Kumar Vishwas, Raghav Chaddha and Deepak Vajpai, were put on trial by the Chief Metropolitan Magistrate Sumit Dass on March 25 for the alleged offence of defamation, to which the accused pleaded not guilty and claimed trial.Jaitley had filed the complaint alleging that the accused had defamed him in a controversy regarding Delhi and District Cricket Association (DDCA) which he headed for over a decade.A civil defamation suit has also been filed by Jaitley before the Delhi High Court in the matter seeking Rs 10 crore as damages.On January 30, the magisterial court had dismissed the accused persons’ plea seeking to be heard on the point of framing of notice.

Law panel’s recommendations make it easier for undertrials to post bail

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Getting released on bail may soon become much easier for undertrials, especially for the ones who are cash-strapped, as the Law Commission of India on Wednesday recommended a slew of reformative changes in the bail law. Suggesting various amendments in the Criminal Procedure Code, the commission batted for an early release on bail of undertrials languishing in India’s overcrowded jails.The suggestions assume much significance because, of the 4.16 lakh prisoners in the country, 2.83 lakh prisoners are undertrials. According to the 2015 data of National Crime Records Bureau, 11 states in the country had overcrowded prisons. As first reported by DNA, the law panel recommended to the government to replace surety bond with Aadhaar or PAN card, and it also suggested to the courts not to insist on local sureties for out-of-town accused.The commission made the recommendation after noting that the poor often face problems with getting a surety, who can be held accountable on his behalf if the accused tries to flee. RecommendationsReplacement of surety bond with Aadhaar or Pan card in cases of minor offencesCourts should not insist on local sureties for out-of-town accused personsIntroduction of the “electronically monitored (EM) bail” in India to ensure accused cannot fleeBail plea to be decided by lower courts within a week

PM reviews handling of grievances in postal services

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Prime Minister Narendra Modi today reviewed the handling of grievances related to the postal services and asked what action had been taken against the officers responsible for lapses. He was chairing the monthly meeting of the Pro-Active Governance and Timely Implementation (PRAGATI), a platform under which the prime minister interacts directly with top officials of the central departments and state governments through video conferencing. At the meeting, he reviewed the progress of vital projects in the communication, railway, road and power sectors spread over several states including Himachal Pradesh, Haryana, Uttarakhand, Uttar Pradesh, Andhra Pradesh, Karnataka, Tamil Nadu, Odisha, Madhya Pradesh and Maharashtra. “The Prime Minister reviewed the progress towards handling and resolution of grievances related to postal services,” a PMO statement said. He sought to know what changes have been made in procedures and what action has been taken against officers responsible for lapses, it said. Modi underlined that the importance of postal services is on the rise again and stressed on the importance of human resource management, systemic improvement, and infrastructure strengthening in the Department of Posts, the PMO added. The prime minister also comprehensively reviewed the ‘Crime and Criminal Tracking Network and Systems’ (CCTNS). “He urged the states to accord high priority to this network, so that maximum benefit could be taken from it, in the interest of law and order, and bringing criminals to justice,” the statement said.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Law panel for electronic tagging of accused, but with caution

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Law Commission today recommended the “electronic tagging” of people accused of grave crimes, saying it would help reduce pressure on overcrowded jails as well as keep a check on people hoping to evade the law. The commission, however, warned that the system should only be used with the “highest degree of caution” after changing laws. Electronic tagging has the potential to reduce both fugitive rates, by ensuring that a defendant can easily be located, and government expenditure, by reducing the number of defendants detained at state expense. In its report submitted to the law ministry today on “Provisions relating to bail”, the panel quoted a New Zealand law to define electronic tagging or electronically monitored (EM) bail as a mechanism that is also known as a “restrictive” form of bail. “A person on EM bail must remain at a specified residence at all times unless special permission to leave is granted for an approved purpose (such as work). Compliance is monitored via an electronically monitored anklet that must be worn 24 hours a day,” it said. EM bail is available in New Zealand for defendants and young people aged between 12 and 17 years who would otherwise continue to be held in custody in prison while they waited for a court hearing. But at the same time, the Commission warned that electronic tagging had a “grave and significant impact on the constitutional rights” of individuals. “It must be implemented with the highest degree of caution. Such monitoring must be used only in grave and heinous crimes, where the accused person has a prior conviction in similar offences. This may be done by amending the appropriate legislations to restrict the application of electronic tagging…,” it said. It also recommended that section 50 of the Code of Criminal Procedure (CrPC) be amended to ensure that a person arrested is given in writing, in the language he or she understands, the reasons for the arrest. It also said a person should not continue to remain behind bars as an undertrial because of an incomplete investigation. “A bail condition must not unreasonably violate the rights guaranteed by the Constitution. If the prosecution cannot show through evidence that the person accused of an offence is at the risk of absconding, or is likely to commit the same offence, the accused should be considered eligible for release,” it recommended. The Law Commission, headed by Justice (retd) B S Chauhan, said it was of the opinion that anticipatory bail must not only be granted with caution but must also be made operative for a limited period of time. It said undertrials accused of crimes carrying a punishment of seven years in jail should be released on bail if they have spent one-third of that time, or two-and-half years, behind bars while on trial. The Commission also recommended that those who were accused of crimes which attracted a term of over seven years be released on bail if they had spent half of the term behind bars on trial. It said undertrials who could not produce a non-monetary surety — an undertaking by an individual that the undertrial will appear before authorities when required — should be allowed to instead deposit government identity documents such as Aadhaar or PAN cards to get bail. As of now, Section 436 A of the CrPC deals with the maximum period for which an undertrial prisoner can be detained. Under the law, those accused of a crime which is not an offence where the punishment is death should be released on bail if they have been in jail for a period “extending up to one-half of the maximum period of imprisonment specified for that offence under that law”. Two-thirds of prison inmates in India are undertrials, the National Crime Records Bureau (NCRB) has said.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Mumbai: Mankhurd police’s weird diktat: no Aadhaar card, no complaint

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Do you need Aadhaar cards to lodge FIRs? The Mankhurd police have pasted a notification inside the station, asking people to produce their Aadhaar cards while filing complaints.The notification, written in Marathi, a copy of which is with DNA, reads: “It is necessary to bring your Aadhaar card to the police station to register a complaint.”When DNA asked senior officers about it, they were baffled. The government has not issued any such rule, they said. “Citizens have a right to file complaints at police stations and it does not require Aadhaar cards,” said a senior officer on condition of anonymity.After DNA brought this to the notice of senior police officers, an internal inquiry was ordered. “When we enquired with the Mankhurd police, they said that the new computerised system has a provision to enter Aadhaar card details while filing complaints. This might have confused them,” an officer said.The Crime and Criminal Tracking Network & Systems (CCTNS), being launched in police stations across Maharashtra, mandates the Aadhaar card details of the complainant and the accused.Dattatray Shinde, Senior Police Inspector, Mankhurd police station, said: “We are finding out as to who pasted the notification.”Rashmi Karandikar, Deputy Commissioner of Police (operations), and spokesperson for Mumbai Police, said: “Any person can approach the police and file complaints without Aadhaar cards. No such notifications have been sent to police stations.”

Shilpa Shetty, husband, get anticipatory bail in duping case

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A Thane Additional Sessions judge on Saturday granted anticipatory bail to actor Shilpa Shetty Kundra and husband Raj Kundra in a case of cheating registered against them by a textile firm owner who had alleged that the duo had duped him to the tune of Rs 24 lakh.Advocates Aniket Nikam appearing for the Kundras said, “The judge has granted anticipatory bail to actor Shilpa Shetty and Raj Kundra. A case under Sections 420 (Cheating) and 406 (Criminal breach of trust) of the Indian Penal Code was registered against them.”Nikam along with Advocate Hiren Kamod argued that the complainant and Best Deal TV Private limited, of which the accused were directors, were in a business relationship for more than a year. Best Deal TV had made a payment of more than one crore to the complainant. In such a situation, they argued, it could not be said that the accused had any intention to cheat from the inception, which is the requirement of the charges levelled against them.It was also contended by Nikam that the allegations made in the FIR, prima facie reflect that the dispute between the parties is civil in nature and elements of intention cannot be attracted to the facts of the present case. Relying on several Supreme Court judgments to point out that in commercial disputes custodial interrogation is unwarranted, it was stated that the accused deserve to be granted anticipatory bail.

Haryana: Medical board to abort foetus of 10-year-old who was raped by stepfather

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A panel of doctors in Haryana on Tuesday decided to abort the foetus of the 10-year-old girl, who was found to be five months pregnant after allegedly being raped repeatedly by her stepfather.Earlier on Tuesday, the district court here left it to the medical board of the Post Graduate Institute of Medical Sciences to take a call on the matter. “The board has decided to go with the abortion,” PGIMS, Rohtak doctor, Prashant Kumar said.”This decision is in the best interest of the child (10-year-old girl),” he said. Kumar said the process of abortion had already been started and may take hours or even a couple of days. He stated the girl’s condition to be stable.Yesterday, the girl’s mother had moved the court, seeking permission to abort the foetus.She had reasoned that her family was not financially well off and therefore was in no condition to bring up the child. She already has four children.The gruesome incident that has received wide-spread condemnation from across the nation came to light on Sunday when the girl’s mother took her to a hospital where her pregnancy was confirmed by the doctors.The accused has since been arrested under section 506 (Criminal intimidation) of the IPC and relevant section of the Protection of Children from Sexual Offences Act.

EC proposes tougher anti-bribery laws

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A meeting scheduled between the Election Commission (EC) and all political parties due on May 12 could take an interesting turn as the EC plans to take parties’ responses on several proposals to toughen laws against donations and bribery.Besides deliberating on the electronic voting machines (EVMs) and voter-verifiable paper audit trail (VVPAT), the commission will put its proposals before representatives of seven national and 48 regional political parties.Despite the EC recommending the Union Home Ministry in 2012 to make offering bribe a cognisable offence, the government initiated the process to amend the sections 171B and 171E of the Code of Criminal Procedure (CrPC) only recently.At the May 12 meet, the EC will seek views on its proposal to insert a new section 58B in the Representation of People’s Act to enable them to take appropriate action, including countermanding of elections, if they come across any incident of bribery.To address the issue of increasing criminalisation of politics, the commission will also be seeking a response to its proposal on disqualifying candidates even prior to being convicted by the court, in case of serious offenses. In addition, the commission now wants candidates facing charges of bribery and undue influence, would stand disqualified from the time charges are framed by the court.To enhance transparency in funding of political parties, the EC also wants donations in cash not to exceed Rs 20 crore or 20 per cent of the total donations in a year or whichever is less. It has also proposed that for donations received in cash, tax exemption may be restricted to Rs 20 crore or 20 per cent the total donations received by the political party. It also wants change in the rules for opening dedicated bank accounts for election expenses of the candidates and transactions to be done through cheques or electronically in case the election expenses exceed Rs 2,000….& ANALYSISThe meeting between the EC and political parties is the first step in resolving the contentious EVM issue
The EC’s move to enhance transparency could be a game-changer for political funding in the country

Nirbhaya’s dying declaration: I want them hanged till death, burnt alive

<!– /11440465/Dna_Article_Middle_300x250_BTF –>”I want them hanged till death… I want to see them burnt alive,” Nirbhaya had said in her dying statement, recorded in Safdarjung Hospital on December 21, 2012.On December 16, 2012, six men had attacked Nirbhaya after she boarded a bus with a friend. The two were returning after watching a movie at Saket City Walk Mall.In the “dying declaration” made in front of a magistrate on December 21, eight days before she died, Nirbhaya had stated: “I want them to be hanged so that no other criminal can do this kind of torture and ill-treatment to any other girl. In fact, such criminals should be burnt alive.”She further said that there were “six or seven” people on the bus and the duo assumed they were passengers. Nirbhaya said she suspected something amiss after the conductor locked the bus door. “He shut the lights and started abusing and beating my friend. The others took me to the back of the bus. They tore my clothes and raped me in turns. They hit me with an iron rod and bit me on my entire body,” she said.Nirbhaya and her friend put up a fierce fight but were outnumbered and their screams for help went unheard. She said she was unconscious most of the time, but each time she woke up, they attacked her again.”I heard these people saying ‘catch them, tear their clothes, hit them and take her bag’. All the time, we were in total darkness and they all looked black. By their language, they seemed to be driver-cleaner type people,” she stated. “They inserted a rod inside my body,” she said in a December 23 declaration.

Call for systemic reforms to tackle violence against women

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Human rights bodies and women panels today called for systemic reforms to tackle violence against women, even as they differed on the need to have the provision of death penalty in the statute books. Amnesty International-India welcomed the fact that the December 16 gangrape and murder of a physiotherapy student received adequate attention from authorities and ended in convictions and called for the implementation of recommendations made by the Justice Verma Committee. The committee was constituted after the horrific gangrape case to recommend amendments to the Criminal Law so as to provide for quicker trial and enhanced punishment for criminals accused of committing sexual assault against women. “But the attention that authorities have given to this case must also extend to the many other pending cases of sexual violence across India,” Amnesty India’s senior campaigner Gopika Bashi said. The human rights body opposes the death penalty on principle, terming it as the “ultimate violation” of the right to life. Bashi said there was a need for police training and reform, preventive measures and changing the way reports of sexual violence were registered and investigated. “These measures will take effort and time, but will be more effective in the long run in making India safer for women,” she said. Lauding the verdict upholding the death sentence given to the four convicts in the case, chairperson of the Delhi Commission for Women (DCW) Swati Maliwal said it would provide confidence to rape survivors seeking justice. “This is not the fight if just one Nirbhaya, it is the fight of all Nirbhayas and we are glad that the Supreme court has given strength to all those victims. We salute the spirit of her parents who not only fought for their daughter’s justice but also triggered a change in the Juvenile Justice act,” she said. As per the amended legislation, juveniles aged 16 years and above can now be tried under laws for adults for heinous crimes. The 23-year-old woman was gangraped on a wintry night of December 16, 2012 and brutalised, an act that had numbed an entire nation and brought the young to the streets, lending her the moniker of ‘Nirbhaya’, the fearless. Days after the incident in 2012, the National Human Rights Commission had taken suo motu cognisance of the case and made certain recommendations to improve the law and order the capital city, a senior NHRC official said. “The incident has raised the issue of declining public confidence in the law and order machinery in the city, especially, in its capacity to ensure safety of women as a number of such incidents have been reported in the national capital in the recent past,” the NHRC had then said. The Commission had issued notices to the then Union Home Secretary and the then Delhi Police Commissioner and asked them to submit their reports within two weeks.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

African nationals held for piracy seek leniency from court

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Sixty pirates hailing from Somalia and Ethiopia and arrested by the Indian Navy in 2011 today sought leniency as they recorded their statements before a court here. Barring one, all of them have already pleaded guilty. “The court recorded their pleas under section 313 of Criminal Procedure Code,” said special public prosecutor Ranjeet Sangle. Under section 313, an accused can explain (in person) any circumstance appearing in the evidence against him or her at the end of the trial. One of the accused addressed the court in Hindi, which he has picked up in prison. Others spoke with the help of an interpreter provided by the Somali embassy. Muktar Ali, a Somali national, said he wanted to meet his family and did not even know whether they were alive. “Jo maine kiya woh gunha hai aur mainne kabul kar liya hai. Main aapse maafi chahta hoon, agar woh na mile toh kam se kam sazaa mile (I committed a crime and I have admitted to it. I plead for pardon, and if that is not possible, give me the least possible punishment),” Muktar told the court. He also helped some other fellow Somalians put forth their statements before the court. Mohammed Mire, the only accused who has not pleaded guilty, said he was forced by the pirates to communicate using the radio after he was abducted. He said he was in jail since 2011 and wanted to meet his three sisters and parents. A total of 120 pirates were caught by the Navy and Coast Guard between January and March 2011 and charged under the Indian Penal Code, Arms Act and Unlawful Activities (Prevention) Act. One of them died during the ongoing trial.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Nirbhaya gangrape and murder case: Scientific and forensic evidence sealed the fate of death-row convicts: SC

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Scientific and forensic evidence like DNA, finger prints and bite marks analysis, today sealed the fate of the four convicts in the December 16, 2012 gangrape and murder case as the Supreme Court termed them accurate.The top court said while DNA report “cogently linked” each of these accused with the victim and the crime scene, the finger print analysis “incontrovertibly proves” that one of the convicts, Vinay Sharma, was present in the bus at the time of the barbaric incident.Regarding Odontology, a branch of forensic science on bite mark analysis, a bench headed by Justice Dipak Misra said the report placed on record was “wholly credible” because of the matching of bite marks with the tooth structure of the convicts and there was no reason to view them with any suspicion.
ALSO READ FULL TEXT: Read Supreme Court verdict on Nirbhaya gangrape and murder case upholding death penalty for 4 convictsThe bench, also comprising Justices R Banumathi and Ashok Bhushan, said DNA technology not only provided guidance to investigation, but also supplied the court accrued information about the “tending features” of identification of criminals, and such evidence was increasingly relied upon by the courts.The apex court, which upheld the death sentence awarded to the four convicts – Pawan Kumar Gupta, Vinay Sharma, Mukesh and Akshay Kumar Singh — said the recent advancements in modern biological research has regularised forensic science resulting in radical help in administration of justice.
ALSO READ Nirbhaya gangrape and murder case | Juvenile living the quiet life as a cook in dhaba in South India”The DNA profiling, which has been done after taking due care for quality, proves to the hilt the presence of the accused persons in the bus and their involvement in the crime. The submission that certain samples were later taken from the accused and planted on the deceased to prove the DNA aspect is noted only to be rejected because it has no legs to stand upon,” it said.The bench noted that there were various “white bite marks” on the victim’s body and such analysis report plays an important role in the criminal justice system. The apex court said “there is no reason to declare the DNA report as inaccurate, specially when it clearly links the accused persons with the incident”.
ALSO READ Nirbhaya gangrape and murder case | SC upholds death penalty for 4, says ‘barbaric crime’ created ‘tsunami of shock’The bench also said that in India, like other countries, DNA evidence was increasingly being relied upon by the courts and after 2005 amendment in the Criminal Procedure Code, DNA profiling has now become a part of the statutory scheme.Referring to various apex court verdicts, the bench said “it is quite clear that DNA report deserves to be accepted unless it is absolutely dented and for non-acceptance of the same, it is to be established that there had been no quality control or quality assurance.””If the sampling is proper and if there is no evidence as to tampering of samples, the DNA test report is to be accepted,” it said.In its judgement, the apex court said that to establish a clear link between the convicts and the incident, the police has adduced scientific evidence like DNA, fingerprint and bite mark analysis.The court noted that various samples from clothes, iron rods, ashes of partly burnt clothes and the bus were lifted from the victim and the convicts during the investigation.”After establishing the identities of each of the accused persons, the informant (victim’s friend) and the prosecutrix (victim) through DNA analysis, the DNA profiles generated from the remaining samples, where the identity of biological material found thereon needed to be ascertained, were matched with the DNA profiles of the prosecutrix, the informant and the accused, generated earlier from known samples,” it noted.”Such an analysis cogently linked each of the accused with the victims as also with the crime scene,” it said.The bench referred to the statement of Dr B K Mohapatra, one of the prosecution witnesses in the case, and said he has testified that once a DNA profile was generated, its accuracy is 100 per cent.The apex court observed that the defence counsel had not raised substantial grounds to challenge the DNA report during the cross-examination of Mohapatra before the trial court and there was “no reason to declare the DNA report as inaccurate” especially when it clearly links the convicts with the crime.It also dealt with the contentions of defence counsel who had argued that DNA test cannot be treated as accurate as the victim had undergone blood transfusion during the treatment and when there was mixing of blood, DNA profiling was likely to differ.The apex court referred to its previous verdicts and said if quality control was maintained, DNA profiling was treated to be quite accurate.It also referred to the apex court’s verdict in the case of 26/11 attack convict, Mohammed Ajmal Amir Kasab, and said in that case too, DNA test had matched with stains of sweat, saliva and other bodily secretions on the articles recovered from the accused.Dealing with the bite mark analysis report, the bench said it linked Ram Singh (since deceased) and convict Akshay Kumar Singh with the crime.”The photographs depicted the bite marks on the body of the prosecutrix. The said bite marks found on the body of the victim were compared with the dental models of the suspects. “The analysis showed that at least three bite marks were caused by accused Ram Singh, whereas one bite mark has been identified to have been most likely caused by accused Akshay,” the bench noted in its order.The court also referred to the technological advancement, like laser scanning, scanning electron microscopy or cone beam computed tomography in forensic odontology, which are utilised to identify more details in bite marks. “Unlike fingerprints and DNA, bite marks lack the specificity and durability as the human teeth may change over time. However, bite mark evidence has other advantages in the criminal justice system that links a specific individual to the crime or victim,” it said.The bench also rejected the contentions of the defence counsel that the bite marks were stage-managed. Regarding finger print analysis, the bench said it had clearly established that Vinay was present in the bus at the time of the incident while “other chance prints were found to be unfit for comparison or different from specimen print”.

Scientific evidence sealed fate of death-row convicts: SC

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Scientific and forensic evidence like DNA, finger prints and bite marks analysis, today sealed the fate of the four convicts in the December 16, 2012 gangrape and murder case as the Supreme Court termed them accurate. The top court said while while DNA report “cogently linked” each of these accused with the victim and the crime scene, the finger print analysis “incontrovertibly proves” that one of the convicts, Vinay Sharma, was present in the bus at the time of the barbaric incident. Regarding Odontology, a branch of forensic science on bite mark analysis, a bench headed by Justice Dipak Misra said the report placed on record was “wholly credible” because of the matching of bite marks with the tooth structure of the convicts and there was no reason to view them with any suspicion. The bench, also comprising Justices R Banumathi and Ashok Bhushan, said DNA technology not only provided guidance to investigation, but also supplied the court accrued information about the “tending features” of identification of criminals, and such evidence was increasingly relied upon by the courts. The apex court, which upheld the death sentence awarded to the four convicts – Pawan Kumar Gupta, Vinay Sharma, Mukesh and Akshay Kumar Singh — said the recent advancements in modern biological research has regularised forensic science resulting in radical help in administration of justice. “The DNA profiling, which has been done after taking due care for quality, proves to the hilt the presence of the accused persons in the bus and their involvement in the crime. The submission that certain samples were later taken from the accused and planted on the deceased to prove the DNA aspect is noted only to be rejected because it has no legs to stand upon,” it said. The bench noted that there were various “white bite marks” on the victim’s body and such analysis report plays an important role in the criminal justice system. The apex court said “there is no reason to declare the DNA report as inaccurate, specially when it clearly links the accused persons with the incident”. The bench also said that in India, like other countries, DNA evidence was increasingly being relied upon by the courts and after 2005 amendment in the Criminal Procedure Code, DNA profiling has now become a part of the statutory scheme. Referring to various apex court verdicts, the bench said “it is quite clear that DNA report deserves to be accepted unless it is absolutely dented and for non-acceptance of the same, it is to be established that there had been no quality control or quality assurance.” “If the sampling is proper and if there is no evidence as to tampering of samples, the DNA test report is to be accepted,” it said. In its judgement, the apex court said that to establish a clear link between the convicts and the incident, the police has adduced scientific evidence like DNA, fingerprint and bite mark analysis. The court noted that various samples from clothes, iron rods, ashes of partly burnt clothes and the bus were lifted from the victim and the convicts during the investigation. “After establishing the identities of each of the accused persons, the informant (victim’s friend) and the prosecutrix (victim) through DNA analysis, the DNA profiles generated from the remaining samples, where the identity of biological material found thereon needed to be ascertained, were matched with the DNA profiles of the prosecutrix, the informant and the accused, generated earlier from known samples,” it noted. “Such an analysis cogently linked each of the accused with the victims as also with the crime scene,” it said. The bench referred to the statement of Dr B K Mohapatra, one of the prosecution witnesses in the case, and said he has testified that once a DNA profile was generated, its accuracy is 100 per cent. The apex court observed that the defence counsel had not raised substantial grounds to challenge the DNA report during the cross-examination of Mohapatra before the trial court and there was “no reason to declare the DNA report as inaccurate” especially when it clearly links the convicts with the crime. It also dealt with the contentions of defence counsel who had argued that DNA test cannot be treated as accurate as the victim had undergone blood transfusion during the treatment and when there was mixing of blood, DNA profiling was likely to differ. The apex court referred to its previous verdicts and said if quality control was maintained, DNA profiling was treated to be quite accurate. It also referred to the apex court’s verdict in the case of 26/11 attack convict, Mohammed Ajmal Amir Kasab, and said in that case too, DNA test had matched with stains of sweat, saliva and other bodily secretions on the articles recovered from the accused. Dealing with the bite mark analysis report, the bench said it linked Ram Singh (since deceased) and convict Akshay Kumar Singh with the crime. “The photographs depicted the bite marks on the body of the prosecutrix. The said bite marks found on the body of the victim were compared with the dental models of the suspects. “The analysis showed that at least three bite marks were caused by accused Ram Singh, whereas one bite mark has been identified to have been most likely caused by accused Akshay,” the bench noted in its order. The court also referred to the technological advancement, like laser scanning, scanning electron microscopy or cone beam computed tomography in forensic odontology, which are utilised to identify more details in bite marks. “Unlike fingerprints and DNA, bite marks lack the specificity and durability as the human teeth may change over time. However, bite mark evidence has other advantages in the criminal justice system that links a specific individual to the crime or victim,” it said. The bench also rejected the contentions of the defence counsel that the bite marks were stage-managed. Regarding finger print analysis, the bench said it had clearly established that Vinay was present in the bus at the time of the incident while “other chance prints were found to be unfit for comparison or different from specimen print”.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Niti Aayog for sweeping judicial reforms

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Niti Aayog has made a few suggestions that need to be immediately implemented in the next three years to bring about much needed critical reforms in the Indian judicial system.The planning commission, in its new avatar, has referred to suggestions made by the 255th Law Commission report which has suggested sweeping reforms in the Civil Code of Procedure and the Criminal Code of Procedure to acknowledge the changing times and to expand the scope of forensic science evidence to recognise its strength in the criminal justice delivery system.The Niti Aayog has also suggested introducing a ‘judicial performance index’ to check delay in trial and address the issue of pendency of cases. According to its draft three-year action agenda (for 2017-18 to 2019-20), India ranks 172 out of 190 in the area of enforcing contracts in the World Bank’s ease of doing business report 2017 with an average time of nearly four years required for enforcement.Since 2000, 81.8 per cent of the cases have taken more than five years to be disposed of, while, 57 per cent took more than 10 years in district and lower courts. In four higher courts where sufficient data was available, 87 per cent cases took 10-15 years to be disposed of, and only 5 per cent of the cases were cleared in less than five years. Comparatively, in the US, median time from filing to disposal took 7-8 months for criminal and civil cases respectively (in 2015).IN LABOUR SECTORNiti Aayog has pressed for ‘substantive’ reforms in labour laws to take the country out of the current low-productivity and low-wage jobs situation.
It said that unifying the existing large number of labour laws into four codes without reforming them will serve little purpose.

Judicial service will promote federal governance: govt

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The NDA government, which lacks the numbers in the Rajya Sabha, is trying to convince parties to support its move to set up an all-India judicial service (AIJS), contending that it will help promote federal governance. Besides the hurdle it faces in getting the nod of the Upper House, the government is also aware that some of the high courts are opposed to the idea of AIJS to recruit judges for lower courts and the issue can be challenged legally. A proposal to set up the service has been hanging fire since 1960 due to difference of opinion between the states and the judiciary. Law Minister Ravi Shankar Prasad raised the issue of AIJS at the meeting of the consultative committee attached to ministry on March 30. Prasad heads the consultative committee on Law and Justice which also has nine members representing both the Lok Sabha and the Rajya Sabha. He has now written to the members of the committee seeking their views on AIJS. “Creation of AIJS will help strengthen the federal governance by not only attracting some of the best talents in the country, but also by bringing to the states judicial officers from other parts of the country having different cultural and linguistic background. “It will also facilitate inclusion in judiciary of competent persons belonging to underprivileged and marginalised communities,” the minister has written. He said AIJS will enable better application of laws and procedures across the country and the harmonised procedures would, in turn, help in promoting better judicial governance. But one of the members of the consultative committee, Majid Memon of NCP, is not convinced. “The subordinate judicial officers are mainly concerned with trial work. Requirement of knowledge of local language is indeed indispensable for a judicial officer. “Perfunctory or workable knowledge of the local language which would suffice for officers in administrative services will not be sufficient for a judicial officer,” he wrote back to Prasad. He said the courts have to form their opinion about the truth of a matter on the basis of what the witnesses say and any lack of expertise to understand the language of the witness would affect the appreciation of evidence by the judge. The Narendra Modi government has given a fresh push to the long-pending proposal to set up the new service to have a separate cadre for lower judiciary in the country. There is also a divergence of opinion among state governments and respective high courts on the constitution of the AIJS. One of the problems cited is that since several states, using their powers under Code of Criminal Procedure (CrPC) and Code of Civil Procedure (CPC), have declared that the local language would be used in lower courts even for writing orders, a person, say selected from Tamil Nadu, may find it difficult to hold proceedings in states like Uttar Pradesh and Bihar. The issue was first discussed in 1960 but the plan has not taken off due to persisting differences. Article 312 of the Constitution states that Parliament may by law provide for the creation of one or more all India services (including an all India judicial service) common to the Union and the states”. It can be done provided the Rajya Sabha passes a resolution — supported by not less than two-thirds of the members present and voting– that it is necessary or expedient in national interest to do so.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Police directed to record statement against Radhe Maa

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Bombay High Court has asked police to record the statement of a city resident who had alleged that self-styled godwoman Sukhwinder Kaur alias Radhe Maa had instigated her in-laws to harass her for dowry. Justice Sadhana Jadhav gave this direction to the Borivali police here while recently hearing an application filed by Niki Gupta pleading that she may be allowed to assist the police in conducting further probe on the basis of her statement. The high court asked the Borivali police to record Gupta’s statement and, if necessary, take further action as per law. The complainant’s case is that police had dropped the name of Radhe Maa from the list of accused on the ground that there was no evidence against her, and she (Gupta) was not informed about it. Gupta pleaded that police should record her statement and conduct further investigation. “If evidence is found then action may be taken against Radhe Maa,” the complainant prayed. Gupta said the police did not inform her about dropping the charges against Radhe Maa and also did not file a report on the issue before a magistrate. Hence, she did not get a chance to assist police in the investigation. The high court was of the view that the complainant has a right to seek further investigation if he or she is not satisfied with the probe. The police can conduct further probe under the Criminal Procedure Code (CrPC) even though charges have been dropped against accused, the judge ruled while asking the police to record the statement of the complainant. “She (Gupta) is permitted to demonstrate as to what are the lacunae in the earlier investigation and that the chargesheet is not filed in persuasion to allegations made by her,” Justice Jadhav said. Gupta had earlier filed an application making a similar plea before a magistrate. However, the magistrate sought the say of the accused while deciding her application. The high court opined that the lower court had erred in seeking the say of the accused because an accused has no locus standi in the investigations. Hence, the judge asked the Borivali police to record the statement of the complainant and take action as per law, if required.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Punjab HC: Delete column of caste in forms

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Punjab and Haryana High Court on Monday issued a notice to Punjab, Haryana governments and Chandigarh administration stating that the column of caste in various forms, including FIRs, must be done away with. The notice follows a PIL that sought deletion of the column. The matter reached before the High Court following the petition filed by a Chandigarh-based Advocate, HC Arora, who argued that mentioning caste in various forms was in conflict with various provisions of the Constitution which guarantees a caste-free society.Highlighting that the mention of caste was in violation of fundamental rights, Arora sought directions be given to state governments to further direct all Investigating Officers not to mention the caste or religion of the accused, victim or witnesses in recovery memos, FIRs, seizure memos, inquest papers and other forms prescribed under the Code of Criminal Procedure, 1973, as well as under the Punjab Police Rules, 1934.He argued that instead of caste, other alternative forms of identification, including Aadhaar Card number, House Number or Ward Number of accused, witness or victim could be utilised by the officers concerned.Justice SS Saron observed that “Sikh Gurus had already issued an edict more than three hundred years ago”. The next date of hearing is on May 25.

Death due to grave, sudden provocation not cruel act of

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Death due to “grave and sudden provocation” could not be termed as a “cruel act” of murder, the Supreme Court has said while reducing the life term of a man to 10-year-jail term in a homicidal case. A bench comprising justices A K Sikri and R K Agrawal granted the relief to Punjab resident Surain Singh who had filed an appeal against a 2008 judgment of High Court of Punjab & Haryana which had confirmed a 1998 trial court verdict awarding life imprisonment to him. “It cannot be said that the accused had any intention of causing the death of the deceased when he committed the act in question. The incident took place out of grave and sudden provocation and hence the accused is entitled to the benefit of section 300 (murder) exception 4 (sudden fight) of the Indian Penal Code. “Thus, in entirety, considering the factual scenario of the case on hand, the legal evidence on record and in the background of legal principles laid down by this court in the cases referred to supra, the inevitable conclusion is that the act of the accused was not a cruel act and the accused did not take undue advantage of the deceased,” the court said. It noted that “the scuffle took place in the heat of passion” and the accused was entitled to benefit of exception 4 under section 300 IPC. It said that accused’s appropriate conviction would be under Section 304 part II (punishment for culpable homicide not amounting to murder) of IPC, instead of section 302 (punishment for murder) IPC. “Hence, the sentence of imprisonment for 10 years would meet the ends of justice,” the court said. The bench reached to the conclusion after noting that there was bitter hostility between the warring factions to which the accused and the deceased belonged and that the attack was not premeditated and preplanned. “Criminal litigation was going on between these factions. It is also proved from the material on record that the attack was not premeditated and preplanned. Both the parties were present in the court of executive magistrate, Faridkot at the relevant time with regard to the proceedings under Section 107/151 of IPC (in a separate case). When the accused objected the presence of a member of the opposite side, the scuffle started between the parties which resulted into death of two persons. “The conduct of the appellant-accused that he at once took out his Kirpan and started giving blows to the opposite party proves that the attack was not premeditated and it was because of the spur of the moment and without any intention to cause death. The occasion for sudden fight must not only be sudden but the party assaulted must be on an equal footing in point of defence, at least at the onset,” it said. The court also cited the deposition of the doctor who had conducted autopsy of the deceased where he had stated that the stab wounds implied that in the spur of the moment, the accused inflicted injuries using ‘Kirpan’ though not on the vital organs of the body of the deceased but he stabbed the deceased which proved fatal. “The injury intended by the accused and actually inflicted by him is sufficient in the ordinary course of nature to cause death or not, must be determined in each case on the basis of the facts and circumstances. In the instant case, the injuries caused were the result of blow with a small Kirpan and it cannot be presumed that the accused had intended to cause the inflicted injuries,” it said. According to the prosecuting, in a fight which followed heated arguments between the families of the accused and the deceased in Faridkot in 1995, Singh attacked victims’ family, injuring several of them. The injured were taken to a hospital where Harbans Singh succumbed to his injuries, following which an FIR was lodged.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Villagers pelt stones on police in Mau, 4 cops injured

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Tension prevailed in Madhuban area of the district following stone pelting on policemen by the people of Dalit-majority Duvaari village, injuring a sub inspector and three constables. According to circle officer (city) Pankaj Singh, the problem started over the control of a fishery pond in the village. Twelve people have been arrested in this connection. The problem assumed a shape of unrest, as the Dalits did not want to give charge of the pond to a person from another caste, Singh said. He said when police reached to pacify the angry villagers, they started pelting stones on them in which one sub inspector and three constables were injured. “Police has arrested 12 persons, while FIR have been registered against nearly five dozen unknown persons under various sections of the IPC and the Criminal Law Amendment Act,” Singh said.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

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