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Can’t grant anticipatory bail merely because custodial interrogation not required: SC

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The Supreme Court has set aside a Kerala High Court order granting anticipatory bail to an accused under the Protection of Children from Sexual Offences Act, 2012, holding that anticipatory bail cannot be granted merely because custodial interrogation is not required.

Criticising the high court order, a bench of Justices Surya Kant and J.B. Pardiwala said: “There may be many cases in which the custodial interrogation of the accused may not be required, but that does not mean that the prima facie case against the accused should be ignored or overlooked and he should be granted anticipatory bail.”

It said the first and foremost thing that the court, hearing an anticipatory bail application, should consider is the prima facie case put up against the accused, thereafter, the nature of the offence should be looked into along with the severity of the punishment.

It added that custodial interrogation can be one of the grounds to decline anticipatory bail, however, even if custodial interrogation is not required or necessitated, by itself, cannot be a ground to grant anticipatory bail.

The complainant’s counsel submitted before the bench that the high court wrongly exercised its discretion while granting anticipatory bail to the accused in a very serious crime like POCSO and, therefore, the order passed by the high court should be quashed and set aside.

The bench said: “In many anticipatory bail matters, we have noticed one common argument being canvassed that no custodial interrogation is required and, therefore, anticipatory bail may be granted. There appears to be a serious misconception of law that if no case for custodial interrogation is made out by the prosecution, then that alone would be a good ground to grant anticipatory bail.”

It noted the victim is traumatised to such a high degree that her academic pursuits have been adversely impacted alone, coupled with the legislative intent especially reflected through Section 29 of the POCSO Act, are sufficient to dissuade a court from exercising its discretionary jurisdiction in granting pre-arrest bail.

As the accused’s counsel submitted that charge sheet has already been filed, the court said: “It will be unfair to presume on our part that the Investigating Officer does not require Respondent No 1 for custodial interrogation for the purpose of further investigation.”

“Be that as it may, even assuming it a case where Respondent No 1 is not required for custodial interrogation, we are satisfied that the high court ought not to have granted discretionary relief of anticipatory bail.”

Setting aside the high court order, the top court said the high court ought not to have exercised its jurisdiction in granting protection against arrest as the investigating officer deserves a free hand to take the probe to its logical conclusion.

Crime

CJI-led SC bench fixes Jan 29 to hear suo moto RG Kar case

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New Delhi, Jan 22: The Supreme Court on Wednesday fixed January 29 for hearing the matter where it has taken suo moto cognisance of the rape and murder of a junior doctor at the state-run R.G. Kar Medical College and Hospital in Kolkata in August 2024.

“We will take it up at 2 pm next Wednesday (January 29),” said a bench of CJI Sanjiv Khanna and comprising Justices Sanjay Kumar and KV Viswanathan as it deferred the hearing due to paucity of time.

The CJI Khanna-led Bench asked senior advocate Karuna Nundy, representing the associations of medical professionals, to provide a copy of interlocutory applications filed to the other side.

Meanwhile, the West Bengal government has approached the Calcutta High Court, challenging the verdict of a Kolkata special court awarding life imprisonment to Sanjay Roy, the sole accused and the convict in the rape and murder case of the woman doctor.

As the matter came up for hearing on Wednesday morning before a division bench of Justices Debangshu Basak and Shabbar Rashidi, the CBI challenged the petition filed by the state government and questioned the grounds on which it could make such an appeal.

Deputy Solicitor General, Rajdeep Majumdar, argued that it was only the CBI, which is the investigating agency in the case, and the victim’s parents who could move such a plea at a higher court, and not the state government, which is not a party in the case.

To support his contention, Majumdar referred to a case filed by the CBI against former Bihar Chief Minister and Rashtriya Janata Dal Chief Lalu Prasad Yadav, where the state government’s plea was not considered by the Patna High Court.

Whether the West Bengal government’s petition will be admissible or not will be decided by the Calcutta High Court on January 27.

Earlier, West Bengal Chief Minister Mamata Banerjee announced that the Bengal government would move the Calcutta High Court challenging the quantum of the sentence and the state government would be seeking the death penalty for the convict.

“I am convinced that it is indeed a rarest of rare cases which demands capital punishment. We want to insist upon the death penalty in this most sinister and sensitive case,” the Chief Minister said.

While pronouncing the quantum of the sentence, special court judge Anirban Das said that the Central Bureau of Investigation’s (CBI) contention that Roy’s offence in the matter was “the rarest and rare crimes” was not tenable.

Hence, the judge observed that instead of the “death penalty”, Roy, an erstwhile civic volunteer attached to Kolkata Police, be sentenced to “life imprisonment”. Apart from that a fine of Rs 50,000 was also imposed on Roy.

The special court, at the same time, directed the West Bengal government to pay a compensation of Rs 17 lakh to the family of the deceased victim.

It observed that since the victim was raped and murdered at her workplace, which is a state-government entity, the West Bengal government is legally bound to pay compensation to the victim’s family.

In an earlier hearing held in November 2024, the Supreme Court had remarked that it would not pass any direction to transfer the trial of the ghastly rape and murder case outside West Bengal.

A bench, headed by then CJI D.Y. Chandrachud, turned down the oral prayer made by a lawyer seeking transfer of trial outside West Bengal.

“Yes, we have transferred cases (of gender violence) in Manipur. But we are not doing anything like that here,” it had remarked.

The apex court had noted that the trial would commence on November 11 at a special court in Kolkata after charges were framed against the “sole prime accused” in the case, Sanjay Roy.

The process of the framing of charges was completed on November 4, exactly 87 days after the body of the woman junior doctor was discovered at a seminar hall within the state-run R.G. Kar premises on the morning of August 9, 2024.

In October, the CBI filed its first charge sheet against Roy, a civic volunteer with Kolkata Police, in the alleged rape and murder case.

In the charge sheet, the CBI did not rule out the possibilities of a larger conspiracy behind the macabre crime that prompted alleged events of tampering and altering of evidence during the initial phase of the investigation which was carried out by Kolkata Police.

Besides Roy, two others arrested by the CBI officials in the matter are RG Kar Medical College and Hospital’s former Principal, Sandip Ghosh, and the former SHO of Tala Police Station, Abhijit Mondal. RG Kar comes under the jurisdiction of Tala Police Station.

The main charges against Ghosh and Mondal are for misleading the investigation when the Kolkata Police were probing the matter before it was handed over to CBI by the Calcutta High Court.

Both have been accused of tampering with evidence in the case. Taking suo moto cognisance of the rape and murder case of the junior doctor at the state-run R.G. Kar Medical College and Hospital in Kolkata, the Supreme Court had termed the incident “horrific,” which raises the “systemic issue of safety of doctors across the country”.

“We are deeply concerned about the fact that there is an absence of safe conditions of work for young doctors across the country, particularly, public hospitals,” it had said.

The apex court had ordered the formation of the NTF (National Task Force) to suggest measures for the security of medical professionals across the country, observing that the safety of doctors is the “highest national concern”.

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National News

Manipur CM awards commendation certificate to Assam cops for imparting training to state’s new recruits

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Guwahati/Imphal, Jan 22: In a rare gesture, Manipur Chief Minister N Biren Singh has awarded a Commendation Certificate to the Assam Police Director General and eight other police officers for providing training to 1,946 police personnel of Manipur, officials said on Wednesday.

A spokesman of Assam police said that the Manipur Chief Minister has awarded the Commendation Certificates to Assam police DGP G.P. Singh, Special DGP Harmeet Singh and seven other officers in recognition of providing training to the Manipur police personnel.

The Commendation Certificate was received by Inspector General of Assam Police, Law and Order, Akhilesh Kumar Singh in Imphal at a function on the occasion of Statehood Day on Tuesday.

In all, 1,984 recruits of Manipur police took part in training at the Lachit Borphukan Police Academy (LBPA) in January last year and 1,946 recruits successfully completed their training on December 23 last year.

The Manipur Chief Minister attended the passing out parade of the newly recruited Manipur police personnel at LBPA at Dergaon in Assam’s Golaghat district on December 23.

Chief Minister Singh had said that since the situation in Manipur is not conducive, he earlier approached Assam Chief Minister Himanta Biswa Sarma to provide training to the new recruits of Manipur police personnel and Sarma immediately agreed.

“Assam and Manipur’s old relationship is once again visible,” Singh had said and appreciated the Assam Chief Minister, Assam Police DGP, Special DGP and other Assam police officers for providing training to the newly recruited Manipur police personnel.

According to officials, out of the 1,946 recruits, caste distribution is diverse with 62 per cent being non-tribal Meiteis, 12 per cent being tribal Kuki-Zo and the remaining 26 per cent belonging to Naga and other tribes. Manipur Chief Minister earlier said that given the current law and order situation in the state, the newly recruited constables would undergo specialised training.

“The specialised training is essential to enhance the strength and readiness of the police force to ensure safety and security across Manipur. We are committed to equipping our police personnel with the best facilities and training to meet any challenges effectively,” Singh had said.

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Crime

Saif, family should narrate horrific knife attack: Sanjay Nirupam

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Mumbai, Jan 22: Shiv Sena leader Sanjay Nirupam defended his remarks about Bollywood actor Saif Ali Khan’s “swift” recovery following a knife attack at his Bandra residence, urging the actor’s family to clarify the events surrounding the incident.

Nirupam’s remarks came after Saif was discharged from Lilavati Hospital just five days after sustaining serious injuries, including spinal and neck injuries, during a burglary attempt at his 12th-floor flat in the upscale ‘Satguru Sharan’ building.

Speaking to Media, Nirupam said, “Whatever happened to Saif Ali Khan on January 16 is deeply concerning. While we respect the family, it is surprising to see Saif looking fit enough to shoot just days after being discharged. The doctors had stated the knife penetrated 2.5 inches into his back, requiring a six-hour operation. How is such a swift recovery medically possible?”

He added that Saif’s rapid recovery raises questions about the initial severity of the injuries described by doctors and witnesses. Nirupam demanded that both the family and the medical team provide clarity on the “horrific” knife attack.

“When Saif was attacked, it became a matter of law and order in Mumbai. Opposition leaders accused the government and Home Minister of failing. In such a situation, the family should explain what transpired,” Nirupam said.

Nirupam also commented on the accused, Mohammad Shariful Islam Shehzad, a Bangladeshi national arrested by the Mumbai Police. He called for strict action against such individuals, citing the involvement of Bangladeshis in criminal activities in the city.

The Mumbai Police arrested the accused, a 30-year-old Bangladeshi national, from Thane city. The intruder allegedly stabbed Saif multiple times during a struggle, escaping the scene and hiding in the building’s garden for two hours before fleeing.

“The police will have to be given some benefit of the doubt because when such an incident takes place, a big incident occurs, then there is a lot of pressure on the police, and when it is felt from all sides that law and order has collapsed,” he said.

“I do not think it is right to doubt the capability of Mumbai police immediately, as it is sufficient to solve any type of criminal incident,” Nirupam said.

The 54-year-old actor, who underwent neurosurgery and plastic surgery, was advised complete bed rest for a week and has been asked to avoid visitors to prevent infection. Despite his injuries, Saif walked out of the hospital without a wheelchair, escorted by heavy police security.

Meanwhile, Saif has returned to his Bandra home under tight security. The actor has been advised to focus on his recovery as the investigation continues.

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