Crime
Badlapur Sexual Assault Case: Maharashtra Govt Challenges Sessions Court Judge’s Order, Unclear On Filing FIR Against Policemen
Mumbai: The state government has challenged before the Bombay High Court the order of the Thane sessions judge by which it kept “in abeyance” the findings of magistrate inquiry report implicating policemen in the death of accsued in the Badlapur sexual assault case. The State, however, remained non-committal on whether it would register an FIR against the policemen concerned based on the report.
Public Prosecutor Hiteen Venegaonkar informed a bench of Justices Revati Mohite-Dere and Neela Gokhale that they have filed an application before the HC challenging the February 21 order of the Thane sessions court keeping in abeyance the magistrate’s report questioning the legitimacy of the alleged encounter.
On a specific question by the bench on whether an FIR would be lodged against the five policemen based on the findings of the magistrate report, the State maintained that the observations in the magistraterial report cannot be a basis for an FIR.
Senior counsel Amit Desai, appearing for the government, said the an independent investigation is being conducted by the State Criminal Investigation Department (CID), in addition to a probe by an inquiry committee headed by retired judge of Allahabad HC, DB Bhosale. Hence, said that the State will wait for the conclusion of the CID probe before taking any decision.
“State believes that the investigation is ongoing and based upon it’s outcome, it will decide whether FIR is needed to be filed; or no cognisable offence is made and a closure report has to be filed,” Desai underlined.
Desai submitted that it can’t be said that the magistrate’s report “constitutes as evidence to lodge an FIR”. “We are doing our bit and there is nothing to suggest that the investigating officers (of CID) are acting in a mala fide manner for the court to intervene,” he added.
The bench again pointedly asked whether the State proposes to lodge an FIR. “Once that the report has come, our question is whether it is incumbent on the state to register an FIR or not. Today, the question is whether the state proposes to lodge an FIR or not? Say yes or no,” the court asked.
Desai emphasised that the independent probe was on and at this stage it is not permissible for the court to order registering of an FIR based on the magistrate’s inquiry report. The court will continue hearing the matter on March 10.
Last week, the HC had appointed senior advocate Manjula Rao as amicus curiae (friend of the court) to assist with the plea after Shinde’s parents expressed that they did not wish to pursue the case. Rao has been asked to assist the court on several issues, including whether an FIR ought to be registered by the State based on the magistrate’s report. The issue arose after the State argued that the magistrate’s report was only recommendatory.
The father had initially filed a petition claiming that his son was killed in a fake encounter.
Meanwhile, the State’s application against Thane sessions court order would be taken up for hearing after two weeks by Justice RN Laddha. The government has contended that the sessions judge order was “wrong, illegal and against the facts and circumstances of the case”. It contended that the sessions court had failed to consider the fact that the HC was seized of the matter related to the alleged encounter of the accused.
The HC had last week censured the sessions judge for the order.
Shinde had been arrested by the Badlapur police for allegedly sexually assaulting minor girls at a local school. While in judicial custody at Taloja Prison, he was taken into police custody on September 23 via a transfer warrant in connection with a second FIR lodged by his wife. However, during transit, he sustained firearm injuries and later succumbed.
The magistrate’s report, prepared on January 17, raised suspicion on the claims made by the five cops that they had to shoot at the accused in self-defence after he allegedly snatched a gun from them while being escorted. The magistrate noted the policemen, including two inspector-level officers, were in a position to control the situation and the use of force by them was not justified.
Crime
Action taken against social media handles in Jamui case: Bihar govt

Patna, Sep 23: JDU national spokesperson Rajeev Ranjan has said that the Bihar government has taken action against social media sites on which Jamui’s molestation victim’s video was circulated.
He added that action is being taken against 120 social media accounts that revealed the victim’s identity.
Ranjan was speaking to media in relation to the recent statement by Bihar Chief Minister Samrat Choudhary on Jamui’s molestation case, where the latter said that “a criminal has no caste.”
Ranjan explained that if one examines the Chief Minister’s claim through data, it is clear that arrests in criminal cases have nothing to do with caste or religion. “If you have committed a crime, the police will not spare you,” he said.
He added that through the Jamui incident, Bihar has sent a strong message that such actions will not be spared.
“Action is also being taken against the social media sites on which the video was circulated. Action has been taken against 120 social media accounts,” he said.
Ranjan further stated that those who made the video, those who circulated it, those who displayed it on their platforms, and those who misbehaved with the minor girl are all being investigated thoroughly.
“Five of the accused have been arrested; the other two will be arrested soon. The state police have shown that criminals are going to face very tough times,” he concluded.
BJP chief spokesperson Pratul Shahdeo also reacted to the matter, saying: “How could one judge a criminal by their caste? I have never heard that criminals, rapists have a certain caste.” Commending the Bihar Police, he said the authorities took immediate and strict action against the culprits, made arrests, and two personnel were injured in the encounter. All of the accused were arrested, including minors.
Expressing that what happened to the girl was shameful and heartbreaking, Shahdeo said the National Commission for Women also took cognisance. A team from the commission is reaching the incident site. The Chief Minister has also announced that all the accused will be punished through a fast-track court. He criticised RJD, saying the party was looking for caste in this matter and had brought shame to the state.
Meanwhile, Congress leader Abhishek Dutt said that encounters were done after the molestation had already happened. “Encounters are done after the murder happens. Encounters are done after the crimes are committed. Who saves these criminals before the crimes are committed?” he asked.
He added that when the media pressures and everything comes out in public, the accused are easily found, evidence is found, and the encounter is done.
“What happens in the remaining 365 days?” he asked.
Continuing, Dutt said that if crime is given importance throughout the year, if there is no communal divide, and if strong actions are taken against all criminals, then there will be change.
“If vigilance is maintained before the crime happens, then no one will dare to commit such a heinous crime,” he said.
Crime
LSR online classes over women safety sends clear message that women not safe in Delhi: Congress

New Delhi, Sep 23: Congress leader Abhishek Dutt on Wednesday reacted to Lady Shri Ram College for Women (LSR) shifting classes online following the alleged gang rape of a minor in Delhi’s Aastha Kunj Park, saying the move sends a ‘big message’ about women’s safety in the national capital.
“When LSR College shifts classes online over women’s safety, it sends a clear message that women are not safe in Delhi,” Dutt said.
The remarks came as Lady Shri Ram College for Women cancelled regular classes on Tuesday and shifted them to online mode for Wednesday following the alleged rape of a 17-year-old girl at a park nearby, with the college administration stating that the safety of its students remained its top priority.
Speaking to media, Dutt said, “There is a big message for the country. LSR College is one of the top colleges in the world and its alumni are spread across the country. When LSR College shifts classes online over women’s safety, it sends a clear message that women are not safe in Delhi.”
“Sadly, the people who raped the minor girl posed as police officers. The way several private individuals were seen carrying police batons at Jantar Mantar shows that the fear of the law has disappeared from the minds of criminals. Most Delhi Police officers are deployed for the security of VIPs, while the safety of ordinary people is being neglected,” he added.
Dutt also reacted to Lieutenant Governor Taranjit Singh Sandhu’s direction to create a dedicated ‘Pink Force’ for women’s safety, questioning the existing deployment of women personnel and policing infrastructure in Delhi.
“The LG makes political statements. First, the LG should tell us how many women personnel are there in the Delhi Police. How many metro stations are there in Delhi, and do they have adequate policing? There is a shortage of around 12,000 security personnel in the Delhi Police. At least 50 police personnel remain deployed at the LG’s residence. Merely making statements will not achieve anything,” he said.
“The LG should immediately review the security provided to all MPs, MLAs, former MLAs and BJP leaders in Delhi, where anywhere between two and 50 police personnel have been deployed with them. If the Delhi Home Minister, the Union Home Minister, the Delhi Chief Minister, MLAs and MPs are not safe, then expecting the safety of ordinary people is a distant prospect,” Dutt added.
On Tuesday, Sandhu directed the police to draw up a dedicated force on the lines of the Goa Police’s Pink Force, with women personnel deployed at identified hotspots, particularly during vulnerable hours.
The move came amid four separate cases of alleged rape or sexual assault involving minors reported across Delhi in about 10 days.
Crime
Sagar liquor tragedy: Key accused held after brief gunfight with police

Sagar, Sep 23: A key accused in the Sagar spurious liquor tragedy, which claimed 20 lives, was arrested along with his associate after a brief exchange of fire with police in the district early Wednesday, officials said.
Police intercepted Manish Lodhi alias Yashwant, who was carrying a reward of Rs 30,000, and his associate Ashish Sahu around 3 a.m. near the Nonia-Sesai Road valley under Malthoun police station limits.
Police said the two accused opened fire when the team tried to apprehend them. The personnel retaliated, injuring Lodhi in the leg, while Sahu sustained injuries while allegedly attempting to flee. Two country-made pistols, five rounds of ammunition and a baseball bat were recovered from the spot, police said.
The injured accused were taken to hospital for treatment and subsequently arrested. “The accused opened fire at the police team during the operation. The police returned fire in self-defence, and both the accused were apprehended,” a police official said.
Lodhi was the licensed contractor of the Barethi liquor shop, and police have alleged that he was involved in the supply of illicit liquor to villages. The administration cancelled the liquor shop contract after the tragedy.
Police said Lodhi had 11 criminal cases registered against him and had allegedly obtained the liquor contract by using the alias Yashwant Singh Thakur. He claimed that Yashwant was his brother. Police said a separate fraud case was registered after his identity came to light.
The arrest comes against the backdrop of the spurious liquor tragedy in Banda and Shahgarh areas of Sagar district earlier this month. Police have alleged that a network involving the manufacture, supply and distribution of illicit liquor was operating in the affected villages. So far, 52 people have been named as accused in the case, of whom 39 have been arrested, while 11 remain absconding, according to police.
Two accused, Ramsingh and Dinesh Shivhare, also died after allegedly consuming the spurious liquor. The Madhya Pradesh government has constituted a judicial commission headed by retired Justice V.P.S. Chauhan to inquire into the tragedy and has submitted details of the action taken before the High Court.
On Tuesday, the state government told the High Court that 20 people died in the incident and compensation was provided to the affected families. It also reported arrests, sealing of liquor shops, collection of samples, and medical screening of people in the affected areas.
Investigation is continuing into the entire chain, from manufacture to supply and distribution of the spurious liquor.
Further action will be taken on the basis of the evidence collected. The arrested accused are being questioned to establish the source of the liquor and identify others involved in the supply network, according to police.
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