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‘Violates right to privacy, invasive to physical autonomy’, SC on DNA testing of two children

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The Supreme Court recently set aside the Telangana High Court order permitting DNA testing to determine the paternity of two children in a matrimonial dispute, holding such a direction would be invasive to the physical autonomy of a person and also violate the right to privacy.

A bench of Justices Aniruddha Bose and Vikram Nath said: “The trial court as also the revisional court had completely ignored the said factor and proceeded as if the children were material objects who could be sent for forensic analysis.”

It noted that the substance of the complaint was not related to paternity of the children of the mother, who claimed she had been forced to cohabit and develop a physical relationship with her brother-in-law, in a dowry harassment case with her husband and his brother.

The woman had lodged a complaint against her husband and his brother under Sections 498A, 323, and 354 and other ancillary provisions of the Indian Penal Code, 1860.

The top court noted that the trial court allowed the woman’s application mechanically, on the premise that the DNA fingerprint test is permissible under the law. It said that both the trial and the high court ignored that the paternity of the children was not in question in the subject-proceedings.

It further added that merely because something is permissible under the law cannot be directed as a matter of course to be performed particularly when a direction to that effect would be invasive to the physical autonomy of a person.

The bench said: “The consequence thereof would not be confined to the question as to whether such an order would result in testimonial compulsion, but encompasses right to privacy as well. Such direction would violate the privacy right of the persons subjected to such tests and could be prejudicial to the future of the two children who were also sought to be brought within the ambit of the trial court’s direction.”

In February 2017, the high court had ordered a DNA test on the claim made by the mother of two children. The woman had filed an application under Section 45 of the Indian Evidence Act with the appeal seeking direction to obtain an expert opinion for the DNA fingerprint test comparing blood samples of her two daughters. The trial court allowed her plea, which was challenged by her husband and his brother before the high court. The high court held that such a DNA fingerprint test was permitted under Sections 53, 53A and 54 of the Criminal Procedure Code (CrPC).A

Setting aside the high court order, the top court said: “The judgment under appeal, blood sampling of the children was directed, who were not parties to the proceeding nor were their status required to be examined in the complaint of the respondent no.2. This raised doubt on their legitimacy of being borne to legally wedded parents and such directions, if carried out, have the potential of exposing them to inheritance related complication.”

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Ajay Devgn, Jackie Shroff’s Singham Again Climax Scene LEAKED

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Ajay Devgn, Jackie Shroff's Singham Again Climax Scene LEAKED

The anticipation for Singham Again, directed by Rohit Shetty and starring Ajay Devgn in the lead role, is high ahead of its release. Several viral pictures and videos from the shoot have also raised the excitement of fans. The makers have promised that the film, a part of the popular Singham franchise, will deliver high-octane action and gripping storyline. Now, another video from the film’s shoot in Kashmir has been leaked on social media.

In the now-viral clip, it looks like Ajay Devgn arrested Jackie Shroff, who will be seen as the villain in Singham Again. Jackie’s character looks furious as he walks with Singham.

In May 2024, a behind-the-scenes video from the film’s shoot in Srinagar was also leaked. The clip showed Ajay in a choreographed fistfight with Jackie. They were spotted exchanging punches at a public place, with a crowd gathered in the background to witness the shoot.

A few weeks back, filmmaker Rohit Shetty shared his experience of shooting for Singham Again, with Ajay and Jackie in Kashmir. On his official Instagram account, the director had shared a video which gives a glimpse of the fun they had during the shoot. Besides several behind-the-pictures of the cast and makers, the clip also features photos of snow-capped mountains, Dal Lake and the streets of the picturesque location.

Rohit said that after the abrogation of Article 370, Kashmir is ‘peaceful’. He also called it “Naye Bharat Ka Naya Kashmir.”

The filmmaker tagged Prime Minister Narendra Modi as well as the official Instagram account of Home Ministry and wrote, “Had the most amazing and emotional schedule. Thank you for the tremendous love Kashmir.”

Directed by Rohit Shetty, Singham Again also stars Arjun Kapoor, Kareena Kapoor Khan, Deepika Padukone, Akshay Kumar, Tiger Shroff, and Ranveer Singh among others. It is the third installment of Rohit’s cop franchise.

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Nagpur: Man Pelts Stone At Banner With PM Narendra Modi’s Pic; Congress Leader

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Nagpur: A video has surfaced on the internet in which it can be seen that a man is throwing stones at the banner with the photo of Prime Minister Narendra Modi. The viral video is said to have shot in Maharashtra’s Nagpur, where a man who is in his 30s can be seen throwing stones at the poster of Prime Minister Narendra Modi.

The video has been shared by Gujarat Congress leader

The video has been shared by Gujarat Congress leader Hitendra Pithadiya. Hitendra Pithadiya is the Chairman of the SC Department of the Gujarat Congress and also the former National Coordinator of the AICC.

Hitendra Pithadiya shared the video and criticised PM Modi

Hitendra Pithadiya shared the video and said, “So much hatred towards Narendra Modi in Nagpur!” It can be seen in the video that the man is throwing stones at the banner of Prime Minister Narendra Modi which is installed at a bus stop in Nagpur.

The poster was put up at the Chandramani Nagar bus stop

The poster was put up at the Chandramani Nagar bus stop in Nagpur. The man who is donning a white shirt is throwing stones in fit of rage at the Prime Minister.

A few onlookers were also seen filming the incident

Many people are seen standing and watching the man throw stones at the Prime Minister’s banner. A few onlookers were also seen filming the incident, which took place in broad daylight in front of a massive crowd. Traffic is also seen at a standstill and people are seen watching the man indulge in the act.

The banner is promoting Vikasit Bharat Sankalp Yatra

Nobody comes forward to stop the man from performing the shameful act. The banner that is put up at the bus stop is the one promoting the Vikasit Bharat Sankalp Yatra.

The Vikasit Bharat Sankalp Yatra is being held by BJP

The Vikasit Bharat Sankalp Yatra is being held by the Bharatiya Janata Party (BJP) across the nation. The yatra kicked off on November 21 and will continue till January 26, 2024. Hitendra Pithadiya was in the news recently, allegedly for sharing an obscene image of Ram Temple priest.

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Mumbai: ‘Hospitals Crippled Due To BMC’s Neglect’, City Cong Launches Attack

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The BMC’s healthcare system has crippled as the tendering process of essential medical supplies and amenities for its hospitals is pending for the past one year due to the administration’s negligence, former Congress corporator Ashraf Azmi has alleged.

Congress corporators raise issue

Along with Azmi, addressing the media on the issue of BMC hospitals on Tuesday were former Congress corporators Sufian Vanu, Mohsin Haider, Asif Zakaria, Virendra Chaudhary, Sheetal Mhatre, and Ajanta Yadav. The Free Press Journal tried to reach out to assistant municipal commissioner Sudhakar Shinde but received no comment.

Supply of basic amenities crippled

Azmi said that the BMC has implemented a prescription-less policy but there has been no procurement from the central purchasing department affecting lakhs of people. He also alleged that the supply of basic amenities in hospitals, such as milk and food supplies, has also been crippled due to the administration’s laxity.

The Congress leader alleged that no drug has been scheduled through the central procurement authority, and the dean and medical officers end up buying essential medicines at higher rates from the open market everyday. “Moreover, every hospital is purchasing milk and food at different rates and under different conditions,” the corporations claimed.

Renovation underway since 5 years

In 2018, the municipality undertook the renovation of MT Agarwal Hospital, Shatabdi Hospital in Govandi, and Bhagwati Hospital in Borivali. Even after five years, these hospitals have not been renovated, as per the Congress corporators. They said that this year the administrators approved the purchase of life-saving endoscopic ultrasound medical equipment for KEM Hospital in Parel but the tender holder decided to cancel it. “The same goes for the supply of life-saving injections. The BMC is neglecting many such problems concerning citizens,” they said.

Former Corporators demand action

The former corporators have demanded strict action against officials who are cancelling contracts even after approval of the BMC administrator, and have sought the sacking of officials who do not finalise the tenders. Notably, the BMC had floated a tender for supply of medicines to municipal hospitals. However, only one or two suppliers responded to this tender. Most companies turned their backs on this tender process as the BMC has still to clear 20% of dues owed to the vendors, the corporators said.

However, a senior official from the public health department said, “For the first time in the history of the health department, we have got clear instructions from the Chief Minister Eknath Shinde on buying additional medicines and other amenities for which we are spending additional Rs500-Rs1000 crore.”

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