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WhatsApp cannot be used as a substitute by police to serve notice to accused: Supreme Court

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The Supreme Court has ordered the police to not use WhatsApp or other electronic modes as an alternative or substitute mode to serve notice to the accused under Section 41A of Code of Criminal Procedure (CrPC) or Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Section 41A, CrPc or Section 35, BNSS provides for the issuance of notice to accused, whose immediate arrest may not be required, to appear before the police or at such other place as may be specified.

The Bench of Justice MM Sundresh and Justice Rajesh Bindal ordered all the States and Union Territories to issue a Standing Order to their respective police departments asking them to issue such notices only through the prescribed mode of service under the CrPC or BNSS.

“It is made amply clear that service of notice through WhatsApp or other electronic modes cannot be considered or recognised as an alternative or substitute to the mode of service recognised and prescribed under the CrPC, 1973/BNSS, 2023,” the Court ordered.

The Court passed the direction in the Satendar Kumar Antil case in which it has previously passed landmark directions to prevent unnecessary arrests of accused or suspects. Since then, the Court has been monitoring the implementation of its orders.

The top court was recently informed that Haryana government has permitted police to serve Section 41A. CrPC or Section 35, BNSS notices through WhatsApp, e-mail, SMS or any other electronic mode.

On January 21, Senior Advocate Siddharth Luthra, the amicus curiae in the Satendar Kumar Antil case, had flagged that the police should not be allowed to circumvent the mandate of Section 41A, CrPC or Section 35, BNSS in this manner, by serving notices through WhatsApp or other electronic modes instead of following the normal mode of service.

It was also submitted that the top court earlier had upheld a Delhi High Court ruling that the notice served through WhatsApp or other electronic modes is not contemplated as a mode of service under the CrPC.

The Court accepted the submission and issued an order directing the police to strictly comply with the directions issued by it.

Further, the Court directed that notices to witnesses must also only be served through the modes prescribed under the CrPC or BNSS.

“All the States/UTs must issue an additional Standing Order to their respective Police machinery to issue notices under Section 160 of CrPC, 1973/Section 179 of BNSS, 2023 and Section 175 of CrPC, 1973/Section 195 of BNSS, 2023 to the accused persons or otherwise, only through the mode of service as prescribed under the CrPC, 1973/BNSS, 2023,” it ordered.

Moreover, the Bench also directed that all High Courts must hold meetings of their respective Committees to ensure the implementation of the top court’s decisions on a monthly basis. This is to ensure compliance of both past and future directions issued by the apex court at all levels.

It further asked the High Courts to ensure that monthly compliance reports are submitted by the concerned authorities.

The Court will hear the matter next on March 18.

National News

Delhi Elections 2025: Police Raids Punjab CM Bhagwant Mann’s Delhi Residence, Claims Chief Minister Atishi

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New Delhi: As the Delhi Assembly polls approach, allegations and counter-allegations from political parties in the Union Territory have intensified. Delhi Chief Minister Atishi, in a social media post, made a sensational claim stating that the Delhi Police had reached Punjab CM Bhagwant Mann’s residence in Delhi to conduct a raid.

Attacking the BJP over the alleged incident, she said, “The BJP people are openly distributing money, shoes, and blankets in broad daylight—that doesn’t get noticed. Instead, they rush to raid the residence of an elected Chief Minister.”

“Wow, BJP! The people of Delhi will give their answer on the 5th (election day)!” she added.

Atishi’s post claiming a raid at Bhagwant Mann’s residence comes amid reports of massive security deployment outside Kapurthala House, the official residence of Punjab CM Bhagwant Mann in Delhi.

Shortly after Atishi’s post, Returning Officer OP Pandey told media outside Mann’s residence, “We have got a complaint about money distribution. We have to dispose of the complaint in 100 minutes. Our FST had come here which was not allowed to enter. I have come here to request them to let us enter along with a cameraperson. The complaint of money distribution was received on the cVIGIL app.”

Notably, the police yesterday seized a large amount of cash and liquor have been seized from a car with a “Punjab government” sticker in Delhi. According to reports, AAP pamphlets were also found in the car.

Congress leader Sandeep Dikshit stated, “I wrote a letter to the LG about 25 days ago, informing him about Punjab-registered vehicles and Punjab Police bringing large amounts of money into Delhi. Today, that claim has been proven true. There is also information that Punjab Bhawan is being used as an office for the AAP. The police should raid Punjab Bhawan and investigate what is hidden inside its rooms.”

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National News

Delhi Congress promises jobs, better education for Muslims, minorities

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New Delhi, Jan 30: The Congress on Thursday promised enhanced educational and job opportunities for Muslim and other minority voters in Delhi after it comes to power in the February 5 Assembly election.

Addressing a press conference here, Congress MP Imran Masood hit out at the AAP government in Delhi for making hollow promises to minorities.

He said the Congress will take steps for the welfare of Muslims and minorities by implementing the UPA government’s 15-point programme based on Justice Rajinder Sachar committee report.

“The AAP was exposed during the CAA agitation and the Delhi riots in 2020,” he said, adding that minorities and the underprivileged have been at the receiving end ever since the AAP came to power in Delhi and the BJP came to power at the Centre.

He said the Congress manifesto for the Delhi Assembly election reflects its commitment to protect and uplift the minorities, to bring them into the mainstream by facilitating their progress through various schemes.

He said that both the AAP and the BJP had ignored and suppressed the interest of minorities for the past 10 years.

Masood said on coming to power in Delhi, the Congress will implement the Prime Minister’s 15-point action plan, drafted under the UPA government to implement the Sachar Committee report for the welfare of minorities.

The measures would include enhanced educational opportunities, equal participation in financial and employment opportunities, and prevention of communal violence and social unrest, he said.

He said that the Congress, on winning the Delhi Assembly election, will revive the Punjabi Academy, fund a Punjabi Chair in JNU and strengthen the Delhi SC/ST, Minority and Handicapped Development Finance Corporation so that these communities can get the lowest interest rate loans to start a business.

The Congress leader said that the party’s government will fill vacancies of Urdu, Punjabi and Bhojpuri teachers on a priority basis, establish a university in the name of Sri Guru Tegh Bahadur and set up a Jain Welfare Board, convene the Delhi Waqf Board and ensure timely payments to Imams and Muezzins.

Voting to pick a new 70-member Delhi Assembly will take place on February 5. The result will be declared on February 8. The Congress, which ruled the city for 15 years between 1998 and 2013, has failed to win even a single Assembly seat in the last two Assembly polls in 2015 and 2020.

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Crime

RG Kar financial irregularities case: Trial court slaps show-cause notice on CBI

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Kolkata, Jan 30: A trial court has slapped a show-cause on Central Bureau of Investigation (CBI) for procedural lapses in passing on information to the court about the West Bengal government’s nod for framing charges and trial process against former R.G. Kar principal Sandip Ghosh in the case related to financial irregularities in the institution.

On January 28, the CBI informed Calcutta High Court’s single-judge bench of Tirthankar Ghosh about the clearance from the state government to start the charge-framing and trial process.

Now, the trial court has taken objection as to why the CBI has not informed the same court about the development.

It is learnt that the judge of the trial court has directed the Central agency to give a written explanation for why the same court was informed about it.

The CBI officials investigating the case received the no-objection certificate from the state government on the evening of January 27 and informed the Calcutta High Court about it the next day. On that day, CBI also submitted a report to the Calcutta High Court on the progress in the R.G. Kar financial irregularities case.

A single-judge bench of the Calcutta Court directed officials to complete the framing of charges and begin the trial process within a week.

Besides CBI, the Enforcement Directorate (ED) is also conducting a parallel probe into the case.

While CBI started its investigation following an order by the Calcutta High Court, the ED made a suo motu entry to investigate the money laundering angle after filing an enforcement case information report (ECIR).

Altogether five persons, including Sandip Ghosh, his assistant-cum- bodyguard Afsar Ali, private contractors Biplab Sinha and Suman Hazra and a junior doctor Ashish Pandey, have been named by CBI and all are in judicial custody.

The main charges in the case include manipulation in the tendering process of R.G. Kar, getting infrastructure-related work done by private contractors bypassing the state Public Works Department against the hefty commission, smuggling of bio-medical wastes from the hospital outside and finally selling organs of the unidentified bodies sent to R. G. Kar morgue for post-mortem in the open market at premium prices.

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