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SC closes PIL against alarming rise in lynchings, mob violence

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New Delhi, Feb 11: The Supreme Court on Tuesday disposed of a PIL seeking directions to DGPs of states to take immediate action in lynching and mob violence cases in accordance with the directions of the apex court and added that the directions in the Tehseen Poonawalla vs. Union of India case were binding on all authorities across India.

A Bench of Justices B.R. Gavai and K.Vinod Chandran opined that sitting in the national Capital, it cannot monitor incidents in different areas of different states across the country.

“Sitting in Delhi, we cannot monitor incidents in different areas of the country and in our view such micromanagement would not be feasible,” said the Justice Gavai-led Bench.

It added that the directions laid down by the top court in the case of Tehseen Poonawalla vs. Union of India, are binding on all authorities across the country under Article 141 of the Constitution.

In its 2018 judgment in the Poonawalla case, the Supreme Court had directed designation of nodal officer in each district for taking measures to prevent incidents of mob violence and lynching.

“The Director General of Police/the Secretary, Home Department of the concerned states shall take regular review meetings (at least once a quarter) with all the Nodal Officers and State Police Intelligence heads,” it had ordered.

In its order, the Justice Gavai-led Bench stated that an aggrieved person can always seek remedy in accordance with the law, clarifying that the apex court cannot lay down any uniform criteria for the grant of compensation to the victims of mob lynching incidents since the quantum of compensation ought to be decided on a case to case basis.

Further, the apex court refused to examine the validity of cow protection laws introduced in several states, suggesting the litigants to approach the jurisdictional High Court.

“It will be appropriate that persons who are aggrieved approach jurisdictional High Courts to challenge the vires of the legislations/notifications,” the SC said.

During the course of hearing, Solicitor General (SG) Tushar Mehta, the second-highest law officer of the Centre, submitted that mob lynching is a distinct offence under the Bharatiya Nyaya Sanhita (BNS) and if there is any violation, the law will take its own course.

In an earlier hearing, the top court had pulled up the state governments of Assam, Chhattisgarh, Telangana, Maharashtra, and Bihar for not filing their counter-affidavits.

“We clarify that in the event counter affidavits are not filed by the above-mentioned states, the Chief Secretaries of the said states shall remain personally present in the court on the next date of hearing to show cause as to why an action should not be taken against them for non-compliance of the orders of the court,” it had said in an order passed on November 5, 2024.

Earlier in April last year, the apex court had granted six weeks to various state governments to file their reply detailing the action taken in cases of lynchings and mob violence.

“It was expected of the state governments to at least respond and give details as to what action has been taken in respect of the said instances (of lynchings and mob violence). We, therefore, grant six weeks’ time to all the state governments – who have not yet filed their affidavits – to file their counter-reply and give an explanation as to what action has been taken by the states in respect of incidents mentioned in the writ petition or interlocutory applications,” the SC had said.

In July 2023, the Supreme Court issued notice to the Centre and the Haryana, Madhya Pradesh, Bihar, Rajasthan, Odisha, and Maharashtra governments. Later, all state governments were added as parties in the PIL on an application moved by Islamic clerics’ organisation Jamiat Ulama-i-Hind. The plea prayed for a minimum uniform compensation to be determined by the court that should be granted to the victims or their families in addition to the amount determined by the authorities.

“In most cases, minimal action of merely registering FIRs is the only thing that is done by the authorities which seems to be more of a formality than any genuine initiation of the criminal machinery,” the plea said.

Crime

Accused in air hostess sexual assault case was porn addict: Gurugram Police

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Gurugram, April 19: Gurugram Police said on Saturday that the accused in the air hostess sexual assault case was a porn addict, an official said.

Gurugram Police Spokesperson Sandeep Kumar said that the accused used to watch porn videos habitually, which was also confirmed from the mobile phone recovered from him.

He said that during police interrogation, it was found that the accused has a B.Sc. (OT) degree from a private institute from the years 2019-2022, and he was an average student in studies.

“For the last five months, he was working as a treatment machine technician in the ICU of the hospital. The accused going to the victim at the time of the incident was confirmed from the CCTV cameras installed in the hospital,” he said.

The Spokesperson said that during interrogation of the accused, it was also found that he had watched porn videos before the incident and even after committing the crime.

“Which is also being confirmed from the search history of the accused’s mobile phone. He was produced before the court on Saturday, from where he was sent to judicial custody for further proceedings,” he said.

Meanwhile, the SIT on Friday nabbed the accused, after analysing at least 800 CCTV cameras installed inside and outside of the hospital, who sexually assaulted the woman when she was on a ventilator.

The accused was identified as Deepak (25), a native of Muzaffarpur in Bihar. The accused had been working as a treatment machine technician in the ICU of the hospital for the past five months and was arrested in the Sadar police station area on Friday.

An official privy to the investigation said that the accused has confessed to his crime in the matter.

“While investigating the incident, eight police teams checked the footage of 800 CCTV cameras installed in the hospital, and around 50 hospital staff, including doctors, were questioned about the incident. Keeping in mind the seriousness of the incident, the police teams investigated from every angle and collected a lot of information related to the incident, as a result of which the police got great success in identifying the accused who committed the crime,” said Arpit Jain, DCP (Headquarters).

On Thursday, Vikas Kumar Arora, Commissioner of Police, Gurugram, had constituted an SIT and ordered the identification and arrest of the accused.

As per the order of the Police Commissioner, an SIT was constituted under the leadership of Arpit Jain, Deputy Commissioner of Police, Headquarters, Gurugram, in which a total of eight different police teams were given special directions and deployed to collect information and evidence related to the incident.

Dr. Sanjay Durani, Medical Superintendent of the hospital, said in a statement that: “We have been informed that the police have identified a suspect who has been taken into custody in connection with the ongoing investigation concerning allegations of sexual assault on a patient. On the basis of information provided to us by the police, we have suspended the suspect employee. As we await the final outcome of the investigation, we will continue to provide full support to the police.”

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Crime

Manipur govt launches verification of papers of arms license holders

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Imphal, April 19: The Manipur government has launched a drive to verify the licensed arms and asked all the district administrations to examine the papers of the arms license holders and arms dealers, officials said on Saturday.

A senior official said that the Commissioner (Home) has, in an urgent circular, asked the Deputy Commissioners of all 16 districts to take steps to verify the papers of arms license holders and arms dealers in their respective districts.

Accordingly, all the Deputy Commissioners directed the arms license holders and arms dealers to submit their papers in their nearest or respective police stations on or before April 25.

“Non-compliance with the orders may lead to penalisation and cancellation of arms license,” the official said, referring to the circular of the Commissioner (Home). Till March 6, around 1,000 looted and illegally held weapons, including many sophisticated arms, and a huge cache of ammunition, have been returned to the security forces since Manipur Governor Ajay Kumar Bhalla appealed for the first time on February 20.

The initiative to recover the looted and illegally held arms began on May 31, 2023, when former Chief Minister N. Biren Singh made an appeal to all concerned to surrender the firearms looted from security forces and police armouries.

Officials said that before Singh’s resignation as Chief Minister on February 9, a total of 3,422 firearms had been voluntarily surrendered to the authorities and police stations in different districts.

Various official reports, political parties claimed that during the ethnic riots, which broke out in Manipur on May 3, 2023, over 6,020 varied types of sophisticated arms and lakhs of different types of ammunition were looted from the police stations and police outposts by the mobs, attackers and militants.

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Crime

Put under house arrest again, says Mirwaiz Umar Farooq

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Srinagar, April 18: Senior religious and Huriyat Conference (HC) Chairman, Mirwaiz Umar Farooq, said on Friday that authorities have placed him under house arrest, thereby denying him the right to offer congregational prayers during the day.

Mirwaiz Farooq said on X, “Every Friday I am put under arbitrary house arrest ! Putting pressure on me not to speak up, the ban also aims to weaken the centrality of Muslim institutions of the valley-the Jama Masjid, office of the Mirwaiz, and cause collective grief to Muslims and all those who oppose this authoritarian and sectarian outlook. My house detention case is still pending in court, where I am seeking relief from the Hon’ble High Court, but In such times patience remains our only strength.”

Mirwaiz traditionally delivers the Friday sermon at the Jamia Masjid in the Nowhatta area of old Srinagar city. He also heads the Anjuman-e-Nusratul Islam, a religious organisation that runs some educational institutions in Kashmir, including the Islamia High School in Rajouri Kadal area of Srinagar.

The Ministry of Home Affairs (MHA) last month declared the Mirwaiz-headed Awami Action Committee (ACC) a banned organisation for five years. The ACC was formed in 1963 during the Holy Relic agitation by Mirwaiz Maulana Mohammad Farooq. After the elder Mirwaiz was assassinated in 1990 by the terrorists, the ACC came to be headed by his son, Mirwaiz Umar Farooq.

The MHA order said that the ACC has been encouraging youth to violence and is acting in a manner prejudicial to the interests of the state.

Mirwaiz Farooq, who is the chairman of the Hurriyat Conference, has witnessed the desertion of several affiliates. As many as 12 Hurriyat-linked organisations have broken off from secessionism, reposing trust in the Constitution of India.

Union Home Minister Amit Shah has said that “separatism has become history in Kashmir”, and the unifying policies of the Modi government have eliminated separatism in J&K. He has also said this is a victory of Prime Minister Narendra Modi’s vision for ‘Ek Bharat Shreshtha Bharat’.

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