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‘It’s a human issue’: SC stays Uttarakhand HC’s order for eviction of over 4k families 

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supreme-court

The Supreme Court on Thursday stayed the Uttarakhand High Court direction for eviction of over 4,000 families from the railway land in Haldwani in the state’s Nainital district.

A bench of Justices Sanjay Kishan Kaul and Abhay S. Oka said: “There is a human angle to it”, and added there cannot be uprooting of several thousand people in seven days.

The bench also noted that it may not be correct to say that paramilitary forces have to be deployed to remove people, who have been living there for many decades.

The top court stayed the high court’s direction for eviction of families within a week and that their houses be demolished. It observed that a large number of people cannot be uprooted by using force without examining their occupancy rights, and emphasised that alternate arrangements would have to be made before uprooting people.

The petitioners claimed they are poor people who have been lawful residents of Mohalla Nai Basti and Line No 17 & 18, Banbhulpura (Azad Nagar), Haldwani for more than 70 years.

The top court issued notice to the Uttarakhand government and the railways on a batch of petitions filed against the judgment passed by a division bench of the high court on December 20, 2022.

During the hearing, the top court asked the railways to find a practical solution to the issue and stressed that many of the occupants have been residing there for decades, claiming rights on the basis of leases and auction purchases.

The bench said, “There are two aspects of the issue. One, they claim leases. Two, they say people migrated after 1947 and the lands were auctioned.”

Justice Kaul said that there are establishments on the land in question and questioned, “how can you say in seven days clear them off?”

Justice Oka noted that the people have been staying there for 50 years. He further added: “How do you deal with the scenario of people who have purchased the land in auction. You may acquire the land and utilise…”

Additional Solicitor General Aishwarya Bhat, representing the Railways, submitted that the land belongs to the Railways and several orders for eviction have been passed under the Public Premises Act.

Advocate Prashant Bhushan, representing some of the petitioners, submitted that they were ex-parte orders passed during the Covid period. Bhati contended that the petitioners claim the land as their own and that they have not sought rehabilitation.

The bench pointed out that the high court passed the order without hearing the affected parties. It added, “Find out some solution. It is a human issue…”

Justice Kaul added that the human issue arises from long periods of occupation and maybe all of them cannot be painted with the same brush. “Maybe there are different categories… Somebody will have to verify the documents,” he said.

Senior advocate Siddharth Luthra submitted that many petitioners had government leases executed in their favour.

Bhati said the land is gateway to the state and critical for its development and proceedings under the Public Premises Act were initiated, and no stay was granted on it.

After staying the high court direction, the top court scheduled the matter for further hearing on February 7, and asked the state government and the railways to find a “practical solution”.

Senior advocates Salman Khurshid, Colin Gonsalves, Luthra and advocate Bhushan represented the petitioners in the matter. One of the petitions was filed ‘Jan Sahyog Sewa Samiti’ through its President Salim Saifi and others against the high court order.

The petitioners have claimed that they are in possession of valid documents that clearly establish title and valid occupation. Also, the names of the local residents have been recorded in the municipal records in the house tax register and they are paying the house tax regularly. They said there are five government schools, one hospital, and two overhead water tanks in the area.

Crime

CBI court sentences former oriental insurance manager to 3-year jail in bribery case

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New Delhi, Nov 29: A special CBI court in Ahmedabad on Saturday sentenced former Senior Divisional Manager of Oriental Insurance Company Limited, Rajkot, Mahendra A. Loonker, to three years of rigorous imprisonment in a 13-year-old bribery case.

The court also imposed a fine of Rs 1 lakh on the former official.

According to the CBI press note, the case was registered on July 11, 2012, following a complaint by a partner of a private firm.

Loonker, then serving as Senior Divisional Manager at the insurance company’s Rajkot office, had allegedly demanded a bribe of Rs 15,000 to clear an accident insurance claim submitted by the complainant for an injured employee.

“CBI registered the instant case on July 11, 2012 against the accused person on allegations that accused Mahendra A Loonker, the then Sr. DM, Oriental Insurance Co. Ltd., Rajkot had demanded and accepted an illegal gratification of Rs 15,000 from the complainant, Partner of a private company in order to pass the Accident Insurance Claim filed by him regarding the accident and injury of his employee,” the CBI said.

CBI officials arrested Loonker the same day the FIR was filed, after he was found to have accepted the bribe.

Subsequent searches were carried out at his residence and office premises in Rajkot. Investigators later filed a chargesheet on December 3, 2012, against the accused for demanding and accepting illegal gratification and criminal misconduct committed by the accused public servant.

After examining the evidence and hearing arguments from both sides, the court held Loonker guilty and convicted him accordingly.

Meanwhile, the CBI Court in Vijayawada on Friday sentenced a former Railway official to one year of imprisonment in a nearly two-decade-old bribery case.

The court convicted Matta Dharma Rao, who was serving as Assistant Divisional Engineer with South Central Railway in Bhimavaram, West Godavari district, for demanding and accepting illegal gratification from a contractor.

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Crime

No firearms used in Bihar Deputy CM Sinha’s victory procession, clarify police

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Patna, Nov 29: A day after a purported video showed supporters using guns to fire in the air during the victory march of Bihar Deputy Chief Minister Vijay Kumar Sinha in Lakhisarai, Superintendent of Police Ajay Kumar on Saturday clarified that “firecracker guns, not firearms” were used in the celebratory firing.

Vijay Kumar Sinha, who has been elected from Lakhisarai for the fifth time, was welcomed by supporters in a grand procession.

The video circulating on social media alleged that supporters used firearms, triggering sharp criticism. However, the police investigation found the claims to be misleading.

According to SP Ajay Kumar, the device seen in the video was seized and examined by an armourer.

The probe confirmed that it was not a real rifle but a firecracker gun, a device commonly used for fireworks, bird-scaring, and to chase away nilgai and boars that damage crops in the region.

“It poses no threat to life or property,” the SP said.

Locals said that such devices are traditionally used in weddings, festivals, and celebrations involving the fulfilment of vows. After verifying their statements, police released the two youths seen handling the device in the video.

The Superintendent of Police urged the public to verify the authenticity of any video or claim before sharing it online, cautioning against the spread of misinformation.

He reiterated that the firing involved only a firecracker containing gunpowder, not a live bullet.

Following the viral video, RJD leaders were quick to target the Deputy Chief Minister.

From the party’s official X handle, RJD posted, “Fire the bullet, show the double-barrelled gun, intimidate the public – the government of loud speeches has arrived. Now for five years, keep listening to sermons based on stories from 25–30 years ago, because this government is capable of nothing more than this.”

RJD spokesperson Ejaz Ahmed also criticised the administration, saying, “The gunfire that greeted Deputy Chief Minister Vijay Sinha shows the true state of affairs in Bihar. While the Home Minister talks about expelling crime and criminals, the government must clarify what action will be taken against those who created fear among the public with such firing.”

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Mumbai Press Exclusive News

Jogeshwari POCSO case: Accused out on bail arrested again

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Mumbai: A fugitive accused involved in the Mumbai Pisco case has been arrested again by the Jogeshwari police after 6 years. In Jogeshwari, Mumbai, accused Pankaj Panchal, 27, was arrested in 2019 in the Pisco child abuse and exploitation case and was on bail but was absent from court proceedings and had been hiding his identity for the last 6 years. The police received information that the accused had come near the SRA building, on which the police laid a trap and succeeded in arresting the accused from Jogeshwari. The court had also issued a non-bailable warrant against him, after which the police complied with it and arrested him and presented him in the court and the court has sent him on remand. The police are investigating further. This information has been given by DCP Datta Nalawade of Mumbai Police Zone 10.

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