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Showing posts with label LAW AND ORDER. Show all posts
Showing posts with label LAW AND ORDER. Show all posts

Wednesday, 27 October 2021

Relief to the priest performing last rites on dead body denied by High Court for violating COVID 19 norms

 Karnataka High Court 

On 24th September, a bench of Karnataka High Court consisting of Justice Srinivas Harish Kumar deliberately refused the quashing of criminal case which was registered for violation Covid- 19 protocol against a Church Priest in Mysuru.

The allegation was that a very large crowd was attracted outside the church at the priest's action of performing the last rites during covid lock down. The counsel for the petitioner submitted that the deceased tested covid negative before death and there was no public gathering. It was also submitted that the corporation officials were present when the rituals were conducted.

However, the court denied accepting the arguments of the petitioner as the prohibitory orders issued by the Government appear to be violated. The bench also after observing that the photograph clearly showed that there was a large gathering could not agree that the covid protocol have been violated. Thus the petition was dismissed.

Read Order ;


 

SOURCE ; .latestlaws.com 

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Appeal against Tarun Tejpal's Acquittal in Rape Case to come up for hearing

 Tarun Tejpal.jpg

On Wednesday, the Goa bench of the Bombay HC will virtually hear the State Govt's appeal against the acquittal of journalist Tarun Tejpal in a 2013 sexual assault case. The matter was earlier adjourned by the HC on Sept 20, when it said that a facility for virtual hearing will be set up by Oct 27, when the matter is to be heard. The development comes as Tejpal opposed the Goa Govt's plea challenging his acquittal in the case, & also requested an ‘in-camera’ hearing to keep the court proceedings private.

Tejpal, the Ex-Editor-in-Chief of Tehelka magazine, was in 2013 accused of sexually assaulting a female colleague at an event. On May 21 earlier this year, a Sessions Court presided over by Justice Kshama Joshi acquitted him of all charges. However, the Goa Govt filed a plea against the acquittal in the HC.

Last month, Tejpal made a submission before the High Court of Bombay, seeking ‘in-camera’ proceedings of the Goa Govt's plea challenging his acquittal in the case, & sought its dismissal while raising preliminary objections on its maintainability. However, the Solicitor General of India Tushar Mehta, representing the Goa Govt, rejected Tejpal's requests to keep the proceedings private, saying the “country has the right to know how the institution dealt with the girl (victim).”

Solicitor General Mehta will be participating in the Court proceedings from Delhi today, owing to the virtual nature of the hearing. The matter was taken up physically at the court for the first time on August 31, in the wake of the Goa Govt relaxing several COVID-19-related curbs. Thereafter, a request was pending before the chief justice for a hybrid (physical plus virtual) hearing into the matter, which was eventually granted.

A former colleague of Tejpal had accused him of sexually assaulting her inside the lift of a 5-star hotel in Goa in Nov 2013, where both of them were attending an event. The matter received intense public attention & media scrutiny, especially owing to the fact that Tejpal & his magazine had previously been active in highlighting the issue of sexual violence in India through investigative journalism & sting operations. Tejpal later admitted “misconduct” & stepped down as the editor of the Tehelka magazine for six months. However, a Goa trial Court acquitted him of all charges earlier this year, noting  substantial investigative bias & lacunae by the investigating officer in the case, including the destruction of key evidence that would “conclusively corroborate the defense of the accused.” 

SOURCE ; latestlaws.com/

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Wife complained against Husband that he took her ₹30 Lakhs Savings Deposit as Dowry

 Dowry Murder 

In a first, a Kochi woman has filed a harassment complaint with the city police against her husband alleging that he took all her savings deposit, claiming it to be her dowry. The woman has alleged that her husband refused to return the amount which she had transferred to his account when she moved from Doha to Muscat.

According to a report published, following the woman’s complaint, a case was registered at the Kalamassery station against her husband and father-in-law under IPC Sections 498A and 34.

Reportedly, the couple got married on January 31, 2020, and stayed together in Ernakulam. However, only after ten days, the woman returned to her workplace in Doha, while her husband went to Muscat.

By the end of February 2020, both returned to Ernakulam but again went back to their respective workplaces on March 1, 2020.

Later, on January 14, 2021, the woman quit her job in Doha and went to Muscat to live with her husband. She alleges that while shifting to Muscat, she had transferred her savings bank deposit of Rs 29.75 lakh into her husband’s account on the condition of getting back the amount once she opens her own bank account in Muscat. But later, her husband allegedly refused to return the amount saying it was her dowry, TNIE revealed in its report.

 

The woman has expressed that after much persuasion she has managed to get only ₹19 lakh from her husband and is yet to get the balance amount.

Meanwhile, the woman’s 73-year-old father-in-law, who is the second accused in the case, has availed anticipatory bail from a local court.

In his defence, he has expressed that the woman’s allegations are false. Moreover, he has termed the entire case as a pressure tactic by the woman to compel his son for a divorce by mutual consent.


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Public Prosecutor arrested for Blackmailing, Raping Woman in Office

 Lawyer.jpg 

A Public Prosecutor was held for allegedly blackmailing & raping a 35-year-old woman at his office in Amreli twice in Aug & on Oct 24.

Police said that the accused lawyer Ajay Pandya was handling the case of the woman at a Court in Savarkundla. In connection with the case, the woman & Pandya used to often meet. During one such meeting on Aug 22, at Pandya’s office near the district panchayat office in Amreli, Pandya allegedly raped the woman & secretly video-recorded the act.

The woman went to Public Prosecutor’s office again on Oct 24 when he called her. On reaching there, Pandya made demand for sexual favours from the woman. When she refused, he showed her the video that he had recorded during their previous meeting. The lawyer blackmailed her by saying that he will circulate the video on the internet if she would not succumb to his demands & allegedly raped the woman again.

The woman also told police that Pandya had asked an unidentified man to stand outside his office to ensure that no one enters his room.

Inspector A J Chaudhary of Amreli City Police Station said that “Based on the woman’s complaint, we registered an offence against the public prosecutor & have also arrested him".

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Lawyer stabbed in broad daylight, two arrested

 Stabbing Incident, PIC BY: WNMU-FM 

An Advocate was attacked at Shibpur in Howrah in broad daylight on Tuesday afternoon by 2 miscreants. The duo — Gopi & Chand — were promptly arrested by Howrah city police within a couple of hours. The lawyer Tanvir Alam is now battling for life at a private nursing home. The lawyer was standing on the sidewalk with his friend having tea from a roadside stall when the Gopi & Chand attacked.

They kept stabbing him violently. His friend who tried to save him also received injuries. Both were rushed to a nearby nursing home. Shibpur police have registered an attempt to murder case. According to police, the Alam had some disputes over property development with promoter-duo Sheikh Raju & Sheikh Saddam.


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NDPS Act को सुप्रीम कोर्ट में चुनौती, याचिका में मांग- ड्रग्स लेने वाले को सजा न दी जाए

 Supreme Court.jpg 

नारकोटिक ड्रग्स एंड साइकोट्रोपिक सब्स्टेंस यानी NDPS एक्ट को चुनौती दी गई है. सुप्रीम कोर्ट में याचिका दायर कर इस एक्ट की कुछ धाराओं को चुनौती दी गई है. याचिका में ये भी कहा गया है कि ड्रग्स ट्रैफिकर्स, पेडलर्स और कंज्यूमर में कानूनी तौर पर फर्क होना चाहिए. इस याचिका में कंज्यूमर को सजा देने का प्रावधान खत्म करने की मांग की गई है.

ये याचिका वकील जयकृष्ण सिंह ने दायर की है और उन्होंने एनडीपीएस एक्ट की धारा 27ए, 35, 37 और 54 को चुनौती दी है. उन्होंने अपनी याचिका में कहा है कि कानूनी तौर पर ड्रग ट्रैफिकर्स, पेडलर्स और कंज्यूमर में फर्क होना चाहिए. उनका कहना है कि ट्रैफिकर्स और पेडलर्स को सजा जरूर मिले, लेकिन कंज्यूमर के प्रति सहानुभूति रखते हुए उसे अपराध की धाराओं से हटाना चाहिए.

उन्होंने कंज्यूमर को सजा देने का प्रावधान खत्म करने की मांग की है. उन्होंने याचिका में मांग की है कि कंज्यूमर को ड्रग्स पीड़ित मानते हुए पुनर्वास केंद्रों में भेजने का प्रावधान किया जाए. जयकृष्ण सिंह ने अपनी याचिका में कहा है कि इसी एक्ट को आधार बनाकर आर्यन के साथ सही प्रक्रिया नहीं निभाई जा रही है. उन्होंने कहा कि जब दुनियाभर में ड्रग्स लेने वालों को अपराध की श्रेणी से बाहर रखा गया तो वहीं देश में एनडीपीएस एक्ट के तहत ये अपराध है. उन्होंने इसे सबसे बड़ी विसंगति बताया है.

उन्होंने अपनी इस याचिका में कहा है कि नशीले पदार्थों को सेवन करने के लिए जेल भेजे गए युवाओं के घाव भरने के लिए अदालत के पास मौका है. उन्होंने कहा कि ये कानून ड्रग्स ट्रैफिकर्स और पेडलर्स पर नकेल कसने के लिए है, लेकिन एजेंसियां इस कानून का दुरुपयोग कर रहीं हैं. याचिका में कहा गया है कि आर्यन खान और रिया चक्रवर्ती जैसे मामलों ने इस कानून के दुरुपयोग की चिंता को बढ़ा दिया है. वकील जयकृष्ण सिंह ने कहा कि अगर कोई व्यक्तिगत उपयोग के लिए थोड़ी सी मात्रा में ड्रग्स खरीद रहा है तो उसे 'ट्रैफिकर्स' माना जा रहा है. उन्होंने कहा कि गांजे के इस्तेमाल को अपराध के दायरे से बाहर करने की जरूरत है.

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सोशल मीडिया बोल्ड है। सोशल मीडिया युवा है। सोशल मीडिया सवाल उठाता है। सोशल मीडिया एक जवाब से संतुष्ट नहीं है। सोशल मीडिया बड़ी तस्वीर देखता है। सोशल मीडिया हर विवरण में रुचि रखता है। सोशल मीडिया उत्सुक है। सोशल मीडिया फ्री है। सोशल मीडिया अपूरणीय है। लेकिन कभी अप्रासंगिक नहीं। सोशल मीडिया तुम हो। (समाचार एजेंसी की भाषा से इनपुट के साथ) अगर आपको यह कहानी अच्छी लगी हो तो इसे एक दोस्त के साथ शेयर करें! हम एक गैर-लाभकारी संगठन हैं।  

हमारी पत्रकारिता को सरकार और कॉर्पोरेट दबाव से मुक्त रखने के लिए आर्थिक रूप से हमारी मदद करें !

 

State Bar Council to cancel licences of Lawyers filing fake Insurance claims

 SC strikes down the Discplinary Rules framed by Madras High Court for Lawyers 

After the Apex Court’s rap, the Bar Council of Uttar Pradesh has decided to terminate the licences of Advocates involved in the submission of fake claims under the Motor Accident Claims Tribunal & the Workmen Compensation Act.

Earlier this month on Oct 5, a double Judge bench of Justices MR Shah & AS Bopanna of the Supreme Court had shamed the Bar Council of UP for not acting against Lawyers found to be submitting fake claim appeals & said that the “unfortunate” situation reflected “callousness & insensitivity” on the part of the bar.

Following Supreme Court’s castigation, the Uttar Pradesh Bar Council said it will cancel all such lawyers’ licence for legal practice.

He added that “All directives of the Supreme Court will be followed in this regard,” said Prashant Singh, member–secretary of the UP bar council. “This act falls in the category of misconduct of lawyers".

While fixing Nov 16 as the next date of hearing in the case, the Top Court has ordered the UP Govt to submit list of all such lawyers in a sealed envelope by Nov 15.


A special investigation team of the UP Govt has been investigating cases of lawyers causing loss of several crores to insurance companies by submitting fake claims under the Motor Accident Claims Tribunal & Workmen Compensation Act as per an Oct 7, 2015 order given by the High Court of Allahabad. The cases of such fraudulent conduct were forwarded by private insurer ICICI Lombard General Insurance Company.

The SC noted that SIT had investigated 246 out of the 1,376 complaints & registered 83 criminal complaints so far against errant lawyers, policemen, & insurance agents, & it directed the state to file a detailed report on the matter.

The Court said that “the State of UP/SIT is hereby directed to file a better affidavit in a sealed cover with respect to complaints filed/enquiry completed, the names of the accused, where the criminal complaints are filed & in which criminal cases the charge sheets have been filed".


The Court also ordered that the names of the Lawyers against whom cognizable offence is prima facie made out are disclosed in a sealed cover so that the list can be sent to the Bar Council of India for further action.


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HC says Elgar Parishad accused Varavara Rao needn’t surrender till Nov 18

 

Mumbai, Oct 26 (PTI) The Bombay High Court on Tuesday said poet Varavara Rao, an accused in the Elgar Parishad-Maoist links case who is on interim bail, need not surrender before the Taloja prison authorities until November 18 and adjourned the hearing on a plea filed by him to next month.
Rao, 82, had been granted interim bail for six months on medical grounds by the HC on February 22 this year. He was scheduled to surrender and return to judicial custody on September 5.

However, Rao filed an application last month through his lawyer R Sathyanarayanan and senior counsel Anand Grover, seeking extension of the bail period. He also sought HC permission to stay in his hometown of Hyderabad while out on bail.

However, the National Investigation Agency (NIA), the probe agency in the case, opposed Rao’s plea for extension of medical bail and shifting to Hyderabad, saying the octogenarian poet-activist’s medical reports do not indicate that he suffers from any serious ailment.

In its affidavit filed before the HC last month, the NIA had said that the medical reports filed by Rao did not disclose any major ailment, which necessitated him to take treatment at Hyderabad, neither did it form a ground for further extension of bail.

On Tuesday, a bench of Justices Nitin Jamdar and S.V. Kotwal adjourned the hearing on Rao’s plea due to paucity of time.

The bench also asked Rao to file a separate plea seeking permission to shift to his hometown while out on medical bail.

As part of the stringent conditions imposed on his interim bail by the HC, Rao has been staying with his wife in a rented accommodation in Mumbai.

At the time that he was granted bail, Rao had been undergoing treatment for multiple ailments at the private Nanavati Hospital in the metropolis, where he had been admitted by the Maharashtra prison authorities following the HC’s intervention.

The case relates to alleged inflammatory speeches delivered at the ‘Elgar Parishad’ conclave, held at Shaniwarwada in Pune on December 31, 2017, which the police claimed triggered violence the next day near the Koregaon-Bhima war memorial located on the city’s outskirts.

The Pune police had claimed the conclave was backed by Maoists. The probe in the case, in which more than a dozen activists and academicians have been named accused, was later transferred to the NIA. 

SOURCE ; .theleaflet.in 

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In All-Party Meet, Punjab Decides to Repeal Farm Laws, Centre's BSF Jurisdiction Move

 

All parties, except BJP who boycotted the meeting, passed a resolution, saying the farm laws and the Centre’s BSF move is a scathing attack on federalism and the spirit of the constitution.

Sidhu also alleged that in West Bengal, the BSF daily violates the constitutional provision of the country in the name of security and there is a possibility that the instances of torture, false cases, arbitrary detention and illegal arrests would happen in Punjab too.

“West Bengal government, in the last five years had lodged a total of 240 cases accusing the BSF of extra-judicial torture, 60 cases of extrajudicial execution and eight cases of forced disappearance. In of these 33 cases, the National Human Rights Commission  has recommended compensation to the victims or to their next of kin,” said Sidhu

He added. “There are a number of cases in Bengal where BSF did not inform local police after firing incidents. There is no guarantee that a detained person will be handed over by BSF to local police in 24 hours. UP police illegally detained Priyanka Gandhi Vadra for more than 60 hours without any valid reason. Who takes guarantee of a common man if BSF detains him.”

Congress workers protest outside the 2nd Battalion PAC in Sitapur where Priyanka Gandhi Vadra was allegedly detained on her way to Lakhimpur Kheri. Photo: Ismat Ara/The Wire

Meanwhile, Ashwani Sharma, state BJP chief tweeted to back the Union government’s BSF notification, saying that it has been brought to “prevent cross border smuggling and terrorist activities, which were on the rise in Punjab.”

“BSF security enhancement would end smuggling,” he added

Former Punjab chief minister Captain Amarinder Singh, who recently announced his own party, has been found to be on the side of the Punjab unit of the BJP when he endorsed the BSF decision, quite in contrast to the stand of the Punjab government. Singh has not reacted to the all-party meeting’s resolution

SAD bats for special assembly session, makes dig at Congress

After the meeting, SAD batted for the special assembly session but the party delegation, including Prem Singh Chandumajra and Daljit Singh Cheema, also asked the Congress government to set its own house in order. The delegation members pointed out that Captain Singh had supported the extension of the jurisdiction of the BSF.

“So did Amritsar MP Gurjit Singh Aujla and minister Rana Gurjit Singh,” the SAD members said.

The delegation also asked CM Channi to clarify what transpired at his meeting with Union home minister Amit Shah as there were apprehensions in the minds of Punjabis that he had agreed to the move and only then was it announced by the Union government.

It also pointed out that former PCC President Sunil Jakhar had also accused the chief minister of handing over half of Punjab to the centre. Chandumajra later said that the chief minister had failed to convince the meeting that he had not colluded with the Centre and agreed to extension of central jurisdiction in Punjab.

Chandumajra, however, appreciated all the parties for raising the need to strengthen the federal system. He said it was the SAD which had always fought for retaining the federal character of the country as espoused in the constitution.

“We even had to fight the entire system but continued to raise this demand. Today our demand stands vindicated with all parties raising the same issue. The centre has been eroding the federal character of the country by compromising the riparian principle, denying Punjab its capital and Punjabi speaking areas, directly interfering in agriculture which is a state subject and now in policing which is also the duty of the state”.

Daljit Cheema, who questioned the rationale behind the BSF move, also raised the issue of tweets by PCC president Navjot Sidhu’s strategic advisor Mohammad Mustafa in which it was claimed that “an ISI agent had been running the Home Ministry during Captain Singh’s tenure as chief minister.”

He said the present Punjab home minister Sukhjinder Randhawa had also tweeted to this effect before deleting that tweet.

Cheema also asked the chief minister to set his house in order, saying the state would be embarrassed if it is hauled up by the centre about its state of affairs at a time when it was fighting for its rights.

 

SOURCE ; THE WIRE

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Chhattisgarh: Two Journalists Held, Charged with Extortion After Complaint by Congress MLAs

 

In their complaint, the MLAs alleged that the news organisation to which the journalists are affiliated with had published "misleading and baseless" information about the lawmakers.

Pegasus Spyware केस की जांच करेगी एक्सपर्ट कमेटी, सुप्रीम कोर्ट ने कहा- किसी की भी जासूसी मंजूर नहीं

 Supreme Court 

पेगासस जासूसी मामले (Pegasus Case) में सुप्रीम कोर्ट का अहम आदेश दिया है. इसमें कहा गया है कि पेगासस जासूसी मामले की जांच एक्सपर्ट कमेटी करेगी. इसे 8 हफ्ते में रिपोर्ट देनी है. बता दें कि कोर्ट में दायर याचिकाओं में स्वतंत्र जांच की मांग की गई थी. चीफ जस्टिस एनवी रमणा, जस्टिस सूर्य कांत और जस्टिस हिमा कोहली की बेंच ने इसपर फैसला सुनाया. कोर्ट ने कहा कि लोगों की विवेकहीन जासूसी बिल्कुल मंजूर नहीं है.

अब सुप्रीम कोर्ट ने रिटायर्ड जस्टिस आरवी रवींद्रन की अगुवाई में कमेटी का गठन किया है. जस्टिस रवींद्रन के साथ आलोक जोशी और संदीप ओबेरॉय इस कमेटी का हिस्सा होंगे. एक्सपर्ट कमेटी में साइबर सुरक्षा, फारेंसिक एक्सपर्ट, आईटी और तकनीकी विशेषज्ञों से जुड़े लोग होंगे.

निजता के उल्लंघन की जांच होनी चहिए - सुप्रीम कोर्ट

कोर्ट ने कहा कि इस मामले में केंद्र सरकार का कोई साफ स्टैंड नहीं था. कोर्ट ने कहा कि निजता के उल्लंघन की जांच होनी चहिए. बेंच ने 13 सितंबर को मामले पर अपना फैसला सुरक्षित रखते हुए कहा था कि वह केवल यह जानना चाहती है कि क्या केंद्र ने नागरिकों की कथित जासूसी के लिए अवैध तरीके से पेगासस सॉफ्टवेयर का इस्तेमाल किया या नहीं?

केंद्र का कहना था कि यह सार्वजनिक चर्चा का विषय नहीं है और न ही यह ‘राष्ट्रीय सुरक्षा के हित’ में है. बता दें कि पेगासस जासूसी मामले में निष्पक्ष जांच के लिए 15 याचिकाएं दायर की गई थीं. ये याचिकाएं वरिष्ठ पत्रकार एन राम, सांसद जॉन ब्रिटास और यशवंत सिन्हा समेत कई लोगों ने दायर की थीं.  अंतरराष्ट्रीय मीडिया समूह ने खबर दी थी कि करीब 300 प्रमाणित भारतीय फोन नंबर हैं, जो पेगासस सॉफ्टवेयर के जरिये जासूसी के संभावित निशाना थे |

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सोशल मीडिया बोल्ड है। सोशल मीडिया युवा है। सोशल मीडिया सवाल उठाता है। सोशल मीडिया एक जवाब से संतुष्ट नहीं है। सोशल मीडिया बड़ी तस्वीर देखता है। सोशल मीडिया हर विवरण में रुचि रखता है। सोशल मीडिया उत्सुक है। सोशल मीडिया फ्री है। सोशल मीडिया अपूरणीय है। लेकिन कभी अप्रासंगिक नहीं। सोशल मीडिया तुम हो। (समाचार एजेंसी की भाषा से इनपुट के साथ) अगर आपको यह कहानी अच्छी लगी हो तो इसे एक दोस्त के साथ शेयर करें! हम एक गैर-लाभकारी संगठन हैं।

  हमारी पत्रकारिता को सरकार और कॉर्पोरेट दबाव से मुक्त रखने के लिए आर्थिक रूप से हमारी मदद करें !

Dream 11 Founders move High Court over FIR after E-Gambling Ban

 Dream 11.jpg 

On Monday, the founders of online fantasy sports platform Dream11—Bhavit Sheth & Harsh Jain—moved the High Court of Karnataka, seeking to quash the first information report (FIR) filed against them over the new state law that bans betting in online games.

An FIR was registered on Oct 8 by Annapoorneshwarinagar police against Bhavit Sheth & Harsh Jain based on a complaint filed by 42-year-old cab driver Manjunatha, a resident of Nagarbhavi. The duo is accused of violating the law notified by the Govt on Oct 5. A case has been registered under Section 79 (keeping common gaming house) & 80 (gaming in common gaming-house) of the Karnataka Police Act, 1963.

Following this, Dream11 had suspended operations in Karnataka. “Following the recent media coverage, our Karnataka users have expressed deep concerns & anxiety about their safety & security. In order to allay our users’ concerns, we have decided to suspend operations in Karnataka. This decision is without prejudice to our rights & contentions under law,” Dream11 said in a statement on Oct 9.

The State Govt notified the Karnataka Police (Amendment) Act, 2021, banning all formats of online games involving wagering, betting & gambling of all nature & forms in the state. Under the new law, online gaming is considered a non-bailable offence with a fine of ₹1 lakh & imprisonment of up to 3 years. Along with banning games of skills, the Govt of Karnataka has categorised online games using electronic means & virtual currency, electronic transfer of funds in connection with any game as gambling.

The new legislation passed during the Monsoon Session by both the Houses of the Karnataka Assembly has been approved by the Governor. Mobile Premier League (MPL) was one of the first companies to stall its operations in Karnataka followed by Paytm First Games.


On Oct 22, the High Court of Karnataka told the advocate general appearing on behalf of the State Govt not to make arrests under the new online gambling law that faces legal challenges from several gaming firms.

 Appearing for All India Gaming Federation(AIGF), a skill gaming industry body that has challenged the law, advocate Arvind P Datar requested the court that no arrests be made as the new law had provision for arrests & FIRs.

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Madhya Pradesh HC Denies Anticipatory Bail to Man Accused of Likening RSS to 'Terrorist' Org

 

The accused had allegedly made a social media post saying that RSS was a 'Taliban terrorist organisation.'

[Live Updates] Aryan Khan Bail Case at Bombay High Court, Read now!

 Aryan Khan.jpg 

19:17 (IST)

A five-member team of NCB will go from Delhi to Mumbai tomorrow to probe the allegations of corruption made by Prabhakar Sail, who is a witness in the drugs-on-cruise matter of Mumbai. The team will comprise DDG NCB Gyaneshwar Singh along with 4 other NCB officers: Sources

18:52 (IST)

Senior Advocate Rohatgi: There is no evidence of consumption, no recovery of drugs and absolutely no evidence to show Aryan Khan's participation in this so-called conspiracy and abetment as alleged by the NCB.

18:36 (IST)

Aryan Khan bail plea: Bombay HC to continue hearing at 2.30 pm on Wednesday 

On Tuesday, the High Court of Bombay adjourned till Wednesday the ongoing hearing in the bail plea of superstar Shah Rukh Khan's son Aryan Khan, who has been arrested in the cruise party case by the Narcotics Control Bureau (NCB).......(Read more) 

18:11 (IST)

Update: Aryan Khan drug case to be continued in court tomorrow at 2:30 pm. The decision was taken after Merchant's lawyer and the ASG said that they will need 45 minutes each for their arguments. 

18:05 (IST) 

Aryan Khan bail hearing: Lawyer Mukul Rohatgi argues that there was no consumption or possession, 'why has this boy spent 20 days in jail?'

17:58 (IST) 

Arbaaz Merchant's lawyer Amit Desai: Whatever my learned friend argued regarding the rigours of S 37 applying should have sufficed in trial court only. The umbrella conspiracy, to try and rope in anybody and everybody, is what is being used in this matter.

17:48 (IST)

Advocate Subhash Jha has field an intervention application. Jha says that there is a preliminary application--by the members of the bar as well--that there is precedence given to this matter over the hundred other pending applications.


17:45 (IST)

Advocate Subhash Jha in intervention application: There is precedence given to this matter over the hundred other pending applications.

17:41 (IST)


Rohatgi for Aryan Khan: I am not making any allegations against the officers or panchas and I have no connection

17:22 (IST)

Advocate Rohatgi: I respectfully submit that I have a better case than all cases, I am citing because there is no recovery from me.


17:22 (IST)

Aryan Khan to HC: There is no connection between my chats and present case

17:20 (IST)

Advocate Amit Desai submits that the Whatsapp Chats between Aryan Khan and Aachit were about online poker. "There was nothing beyond communication about poker."

17:11 (IST)

Advocate Rohatgi: There is no consumption, no possession. Why this boy has been sent 20 days in jail

My case will go to 8(c), 27 and 20(b) and not Section 27A. My case is far from Section 27A. Out of the twin conditions for bail, Section 37 does not apply because 27A has no application. Section 64A has immunity from prosecution if you are prosecuted under Sec 27 and you go to rehab. I am arguing a case that is actually not there against me. My case is not of possession or consumption. In the US and some parts of the world, cannabis is legal. With this compendium of facts, what I am saying is that there is no case. There is no consumption, no possession... Why this boy has been sent 20 days in jail.

17:06 (IST)

Advocate Rohatgi: There is no panchnama for seizure of phones. The Whatsapp chats do not pertain to the cruise or conspiracy, those are old chats. Those are to some people and supposedly to some international persons. This is in the past and that is just supposed to show the conspiracy. There is no case that I knew the other 20 people except for Merchant. I am not admitting to consumption or use. The only thing is conscious possession and that is also small quantity. These are young boys. They can be sent to rehab and they need not undergo trial. It had come in some newspaper that the social ministry was mentioning about reform.

17:04 (IST)

Advocate Rohatgi: These are young boys; they can be sent to rehab and they need not undergo trial.

16:57 (IST) 

Advocate Rohatgi for Aryan Khan: I am making it clear I have nothing against any NCB officer: The arrest memo gives impression that I was carrying drugs. I will delve at the end of my submissions about panch 1&2 (Gosavi and Sail). There is some unsavoury controversy, but in my rejoinder I make it clear I am not connected to panch 1 and 2. When the controversy arose, by affidavit of panch 2, he filed that affidavit making unsavoury allegation. Today what is being said is kind of rebounding on me. Kindly keep me away from that controversy. I am making it clear I have nothing against any NCB officer. I have no grievance.

16:50 (IST) 

Advocate Rohatgi: What was recovered was small, 6 gms. The sizes are small, medium and large. Sorry I mean small intermediary and commercial. (Everyone laughs) So this small amount is not enough to keep me in custody. Many others have been found with intermediary and commercial quantity. There is no Section 27A against me! In my case Section 37 cannot kick in because sections under 37 do not apply. But the sessions court has held 37 and conspiracy. There is no prior conviction in this case. As for the Whatsapp chats, they were of the time period of 2018. None of the chats are from the cruise. There is no case where those chats with “1, 2, 3” have anything to do with this saga. Those chats, we will have to see in trial, to be proved and result of that proof. The chats have nothing to do with the current scenario and then to use general phrase like conspiracy is not right apart from that there is no recovery. Assume for the purpose of conspiracy, that 5-10 decided in advance that we will go to the ship. So there is meeting of minds. But what if the programme aborted? There is consumption alleged. But there is no smoking, there is no partying, there is only possession in my case. I have no case either of consumption or sale or purchase or connection with any other person except Arbaz Merchant.

16:43 (IST)

Advocate Rohatgi: There is no prior conviction in this case.

16:41 (IST)

Advocate Rohatgi: What was recovered was small, 6 gms. The sizes are small, medium and large. Sorry I mean small intermediary and commercial. (Everyone laughs)

16:39 (IST)

Aryan Khan's advocate Rohatgi argues the statement recorded by the NDPS is not admissible in court as NCB officials are officers, not the police. There was a statement recorded under Section 67 which was retracted on the next date.

16:37 (IST)

Advocate Rohatgi refers to last year's Supreme Court judgment in "Tofan Singh" case which held that NDPS officers are police officers and confessions given to them are inadmissible in evidence.

16:35 (IST)

Advocate Rohatgi: There was NO recovery from Aryan Khan and there was NO medical examination to show that there was consumption. Arbaaz Merchant had 6 gms of charas which was recovered from his shoes. Merchant is denying it. I am not concerned, except that he is my friend.

16:34 (IST)

Advocate Rohatgi for Aryan Khan, raises questions against NCB officers: We have raised the question in several petitions that even though these officers are not police officers, they exercise police powers. So they say they have the power to arrest. But otherwise say they are not police officers.

16:32 (IST)

Advocate Mukul Rohatgi arguing for Aryan Khan in Bombay HC: NCB was present in some strength at the terminal. They had some information and we're there to apprehend. My client and Arbaaz were apprehended before they could board the ship. Nothing was recovered from my client (Aryan Khan) and they have nothing to show he consumed anything either. There was no occasion to arrest my client, short and simple.

16:23 (IST)

Bombay High Court begins hearing in the bail plea matter of Aryan Khan. Former Attorney General of India, Mukul Rohatgi, who is appearing for him, begins his argument.

16:16 (IST)

Aryan Khan bail hearing: Judge Sambre refuses to begin hearing if covid-19 protocols not followed; orders courtroom to be cleared out of extras

15:58 (IST)

ASG Anil Singh leading the NCB, arrives in court

15:43 (IST)

Bombay High Court to hear Aryan Khan's bail plea shortly

15:24 (IST)

Aryan Khan's bail application matter is serial no.57

15:24 (IST) 

Bombay High Court asked only limited people (those related to cases from matter number 45-55) to remain in court, to decongest the courtroom. Police personnel asked to ensure that courtroom is decongested during Aryan Khan's case hearing.

14:57 (IST)

Visuals from Bombay HC as Aryan Khan's lawyer arrives

14:48 (IST)

Arbaaz wanted to hug me but couldn't, and it made me very emotional and helpless. I am a father who is unable to even embrace his son who needs a tight reassuring hug.

14:46 (IST)

AGI, Mukul Rohatgi who is appearing for Aryan Khan, arrives at Bombay High Court for the bail plea today in connection with a cruise ship drugs case.

14:38 (IST)

Aryan Khan denies all connection with Prabhakar Sail in reply filed in High Court

14:34 (IST)

Aryan Khan drug case: Sameer Wankhede's photos with absconding witness Kiran Gosavi fuel speculations of 'extortion bid'

14:32 (IST)

Mumbai zonal head Sameer Wankhede leaves NCB office in Delhi

14:29 (IST)

Aryan Khan's lawyer files a counter-affidavit in HC 

SOURCE '; latestlaws.com/ 

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SC Orders Formation of Independent Expert Committee to Probe Pegasus Project Revelations

 

The functioning of the committee of three experts will be overseen by the retired Supreme Court judge Justice R.V. Raveendran.

Govt considering decriminalisation of NDPS Act provision for possession of small quantity of Drug for personal use

 Narcotic Drugs and Psychotropic Substances Act, pic by: slideshare.net 

The Social Justice and Empowerment Ministry has recommended decriminalising possession of small quantities of drugs for personal consumption in its review of the Narcotic Drugs and Psychotropic Substances (NDPS) Act submitted to the Revenue Department.

Currently, there is no provision for relief or exemption under the NDPS Act and it only gives addicts immunity from prosecution and imprisonment if they volunteer for rehabilitation.

In its recommendations shared with the Department of Revenue last week, the ministry suggested decriminalising possession of small quantities of drugs for personal consumption, officials said.

The ministry suggested that the compulsory treatment in government centres must be given to those caught with small quantities for personal consumption instead of a jail term, an official said.

Possession of drugs is a criminal offence in India and Section 27 of the NDPS Act prescribes imprisonment of up to a year or a fine of up to ₹20,000, or both, for consumption of any narcotic drug or psychotropic substance. 

Actor Shah Rukh Khan’s son Aryan Khan has been arrested under this section. 


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Can Investigating Officer cross-question on Rape Victim's recorded statement u/s 161 & 164 of CrPC?: HC answers

 rape Victims 

The Allahabad High Court has recently decided on whether Investigating Officer can question Prosecutrix/Victim regarding variations in statements given under Sec. 161 and Sec. 164 of CrPC.

The single-Judge Bench of Justice Samit Gopal in a significient ruling has settled on whether IO can proceed with the investigation further once the victim in a Rape Case has recorded her statement before the Magistrate and it is different from her statement recorded before him/ her.

Brief Facts of Case

In the present petition, the victim after giving her statement under Section 161 CrPC before the IO leveling allegations of Rape against the accused, had changed her version later in her statement recorded under Section 164 of the Code before the Magistrate.

The IO then recorded the statement of the victim again under Section 161 of the Code and cross-questioned her with regard to the said variations in her statements and recorded her answers accordingly.


High Court's Observation 


Upon examining the case, the Court on the outset observed:

 “The statement made by the victim under section 164 of the Code before the magistrate stands on a high pedestal and sanctity during the course of investigation than that of her statement recorded under section 161 of the Code by the investigating officer.”


The Court further stated that putting questions to the prosecutrix/victim with regards to the change in the version by her in the statements under Section 161 of the Code and in the statement under Section 164 of the Code, clearly shows disrespect to the courts and gives impression of challenge to the authority of a judicial act. 

It said: 

"By putting questions to the prosecutrix/victim in her second statement under Section 161 of the Code after recording of the statement under Section 164 of the Code relating to the different versions in the said two statements, the Investigating Officer cannot frustrate the same and also make an attempt to make the purpose of the said exercise look a farce…The act of putting specific questions pertaining to the variations in the said two statements by the Investigating Officer is viewed with an impression of clearly challenging the authority of a judicial act. The Investigating Officers have clearly exceeded their jurisdiction by proceedings to investigate in such a manner. The same appears to be with a sole purpose to frustrate the statements recorded by a Magistrate."

 Lastly, the Court directed the DGP to issue necessary guidelines within a period of one month and also asked the state counsels and registry to submit a compliance report within one week thereafter.


In view of the above, the Court thus directed the Uttar Pradesh DGP to look into the said new trend of investigation and issue suitable guidelines so that the sanctity and authority of the judicial proceedings are maintained and they should not be frustrated by any act done during the investigation.

The Court demanded fast compliance and necessary action within a period of one month and also asked to submit a Compliance Report within one week thereafter.

Read Order Here: 


 

source ; .latestlaws.com

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Aryan Khan bail appeal: HC to continue hearing at 2.30 pm tomorrow

 aryan-khan-0-1635245433.jpg 

On Tuesday, the High Court of Bombay adjourned till Wednesday the ongoing hearing in the bail plea of superstar Shah Rukh Khan's son Aryan Khan, who has been arrested in the cruise party case by the Narcotics Control Bureau (NCB).

It has been reported that the case will be continued in court at 2:30 pm on Wednesday, Oct 27. The decision was taken after Arbaaz Merchant's counsel & Additional Solicitor General Anil Singh said that they will need 45 minutes each for their arguments.

Making a forceful plea for bail to Aryan Khan, his lawyer & Ex-Attorney General of India Mukul Rohatgi told the Court that Aryan Khanwas a special invitee to the ship through event manager Prateek Gaba.

Both Aryan & Arbaaz Merchant were caught before they boarded the ship on Oct 2, nothing was recovered from Aryan & the Narcotics Control Bureau has nothing to show he consumed anything (drugs), he said.

"He was arrested on October 3 & his statement recorded. There was no occasion to arrest my client (Aryan), short & simple," Mukul Rohatgi said before a bench of Justice N.W. Sambre.


He pointed out that even though the NCB officers are not police officers, they exercise police powers, & citing a precedent, said that confessions given to them are inadmissible as evidence.


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Monday, 25 October 2021

सेना में महिलाओं को स्थायी कमीशन, सुप्रीम कोर्ट ने केंद्र सरकार को आदेश दिया

 Women Army.jpg, pic by twitter 

सुनीता मिश्र। भारतीय सेना में स्थायी कमीशन को लेकर 39 महिलाओं को सुप्रीम कोर्ट से बड़ी जीत मिली है। सुप्रीम कोर्ट ने कहा है कि केंद्र सरकार इन महिला अधिकारियों को स्थायी कमीशन देने का आदेश जारी करे। दरअसल, लंबे समय से चली आ रही प्रणाली के अंतर्गत महिलाएं केवल 14 वर्ष तक ही सेवा में रह सकती थीं। इस कारण उन्हें पेंशन के साथ अन्य वित्तीय लाभों से वंचित कर दिया जाता था। साथ ही वे सेवानिवृत्ति से पहले ज्यादा से ज्यादा लेफ्टिनेंट कर्नल की रैंक तक ही पहुंच पाती थीं, लेकिन अब स्थायी कमीशन के तहत एक महिला अधिकारी तब तक पद पर बनी रहेगी, जब तक कि वह सेवानिवृत्त न हो जाए। स्थायी कमीशन में उन्हें पेंशन और सभी भत्ते भी मिलेंगे।

गौरतलब है कि शार्ट सर्विस कमीशन के तहत महिलाएं केवल 10 या 14 साल तक ही अपनी सेवाएं दे सकती हैं। इसके बाद वे सेवानिवृत्त हो जाती हैं। साल 1992 में शार्ट सर्विस कमीशन के लिए महिलाओं का पहला बैच भर्ती हुआ था। तब ये पांच साल के लिए हुआ करता था। इसके बाद इस सर्विस की अवधि को 10 साल के लिए बढ़ाया गया। साल 2006 में इस सेवा को 14 साल कर दिया गया। वहीं महिलाओं की अपेक्षा पुरुष अधिकारियों को अधिक अधिकार प्राप्त हैं। शार्ट सर्विस कमीशन के 10 साल पूरे होने पर वे अपनी योग्यता के अनुसार, स्थायी कमीशन के लिए आवेदन कर सकते हैं, लेकिन महिलाएं ऐसा नहीं कर सकती थीं। वर्तमान में महिलाओं को शार्ट सर्विस कमीशन के जरिये सेना में भर्ती किया जाता है, जबकि पुरुष सीधे स्थायी कमीशन के जरिये भी भर्ती हो सकते हैं।

महिलाओं ने सेना में रहकर अपनी महत्वपूर्ण भूमिका निभाई है। ऐसे में उनको पुरुषों के समान अधिकार देना देश हित में होगा। दूसरे विश्व युद्ध में सैनिकों की कमी होने पर बहुत से देशों ने महिलाओं को सेना में शामिल किया था। 11 सितंबर, 2001 को न्यूयार्क में हुए आतंकी हमले के बाद अमेरिका और ब्रिटेन ने अफगानिस्तान और इराक में सेना भेजी थी। इन सेनाओं में महिलाओं की खास टुकड़ियां थीं, जिन्हें ‘फीमेल एंगेजमेंट टीम’ कहा जाता था।

अगर हम भारतीय सेना में पुरुषों की तुलना में महिलाओं की बात करें, तो सेना में मेडिकल और नर्सिंग में महिलाओं का सिर्फ 11 फीसद प्रतिनिधित्व है, जबकि वायुसेना में 7.30 फीसद और नौसेना में 3.45 फीसद है। जब एक महिला सेना में अपना करियर चुनती है, तो वह कड़ी परीक्षाओं को पार करती है। ऐसे में उन्हें स्थायी कमीशन देना उन्हें आर्थिक और मानसिक रूप से सशक्त बनाना है। महिलाएं स्थायी कमीशन के लिए चुने जाने पर फुल कर्नल, ब्रिगेडियर और जनरल भी बन सकती हैं। सेना के अंदर का पुरुषवादी वातावरण भी समाप्त होगा। साथ ही अन्य क्षेत्रों की तरह सेना में भी ज्यादा से ज्यादा महिलाएं आने के लिए इच्छुक होंगी।

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सोशल मीडिया बोल्ड है। सोशल मीडिया युवा है। सोशल मीडिया सवाल उठाता है। सोशल मीडिया एक जवाब से संतुष्ट नहीं है। सोशल मीडिया बड़ी तस्वीर देखता है। सोशल मीडिया हर विवरण में रुचि रखता है। सोशल मीडिया उत्सुक है। सोशल मीडिया फ्री है। सोशल मीडिया अपूरणीय है। लेकिन कभी अप्रासंगिक नहीं। सोशल मीडिया तुम हो। (समाचार एजेंसी की भाषा से इनपुट के साथ) अगर आपको यह कहानी अच्छी लगी हो तो इसे एक दोस्त के साथ शेयर करें! हम एक गैर-लाभकारी संगठन हैं।

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