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Charge sheet can’t be equated with an FIR for free public access: SC

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 The Supreme Court on Friday junked a PIL seeking free public access to charge sheets filed by police departments and investigative agencies – CBI and ED — saying that a charge sheet is not a public document.

It emphasised that if charge sheets are put on the public domain, then it will be contrary to the scheme of the Criminal Procedure Code and may also violate the rights of the accused as well as the victim and/or even the investigating agency.

A bench of Justices M.R. Shah and C.T. Ravikumar said: “Putting the FIR on the website cannot be equated with putting the charge sheets along with the relevant documents on the public domain and on the websites of the state governments.”

Advocate Prashant Bhushan, representing petitioner Saurav Das, cited the apex court decision Youth Bar Association of India case, where it directed copies of FIRs to be published within 24 hours of their registration on the police websites or on the websites of the state governments.

In connection with publication of FIRs, the bench said this direction was passed looking into the interest of the accused and so that the innocent accused are not harassed and they are able to get the relief from the competent court and they are not taken by surprise.

“Therefore, the directions issued by this court are in favour of the accused, which cannot be stretched to the public at large so far as the charge sheets are concerned,” said Justice Shah, who authored the judgment on behalf of the bench.

Bhushan had cited the scheme of the Code of Criminal Procedure, particularly Sections 207, 173(4) and 173(5) to support his case. He vehemently argued that as per the aforesaid provisions when a duty is cast upon the investigating agency to furnish the copy of the challans/charge sheets along with all other documents to the accused, the same also should be in the public domain to have the transparency in the working of the criminal justice system.

The bench said the relief which is sought in the present writ petition directing that all the challans/charge sheets filed under Section 173 Cr.P.C. shall be put on public domain/websites of the state governments shall be contrary to the scheme of the Criminal Procedure Code.

Citing CrPC sections, the bench added that the investigating agency is required to furnish the copies of the report along with the relevant documents to be relied upon by the prosecution to the accused and to none others.

“Therefore, if the relief as prayed in the present petition is allowed and all the charge sheets and relevant documents produced along with the chargesheets are put on the public domain or on the websites of the state governments, it will be contrary to the scheme of the Criminal Procedure Code and it may as such violate the rights of the accused as well as the victim and/or even the investigating agency,” said the bench.

Citing Section 74 of the Indian Evidence Act, Bhushan argued that charge sheets were “public documents”, which can be accessed.

Dismissing the petition, the bench said: “Documents mentioned in Section 74 of the Evidence Act only can be said to be public documents, the certified copies of which are to be given by the concerned police officer having the custody of such a public document. Copy of the charge sheet along with the necessary documents cannot be said to be public documents within the definition of public documents as per Section 74 of the Evidence Act.”

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LS Speaker reprimands Sonia Gandhi over Waqf bill ‘bulldozed’ remarks

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New Delhi, April 4: Lok Sabha Speaker Om Birla on Friday reprimanded former Congress president Sonia Gandhi over her remarks that the Waqf (Amendment) Bill was bulldozed through the Parliament.

Taking strong objection to her claims of Waqf Bill passed ‘forcefully’ in the House, Om Birla termed the comments as ‘unfortunate’ and said that the allegations by senior Congress member was a violation of the democratic norms of the Parliament.

The Speaker noted that the bill was discussed for 13 hours and 53 minutes, with every party participating in the debate and followed by three rounds of voting but despite that Congress member was making such allegations.

“Three rounds of voting were conducted, and the Bill was passed according to the rules of the House. It is unfortunate that, despite following all the parliamentary procedures, such allegations are being made. This is not in line with the democratic norms of Parliament,” Speaker said.

Om Birla’s objection to Sonia’s claims of Waqf bill ‘bulldozed through’ the Parliament came after Parliamentary Affairs Minister Kiren Rijiju raised the matter in Lok Sabha today.

Rijiju, alluding to Congress RS MP Sonia Gandhi, said that extensive discussions took place in both the Houses over the Waqf bill, still the Opposition was making ‘baseless and absurd’ claims that the bill was passed with force.

He also demanded that the Speaker issues an “appropriate order” in response to these remarks.

Rijiju also highlighted that the Waqf reform debate broke the previous record of longest discussion in the Rajya Sabha.

“The previous record for a long discussion in the Rajya Sabha was during the ESMA (Essential Services Maintenance Act) discussion in 1981, which lasted for 16 hours and 51 minutes. Yesterday, this record was broken with a 17-hour and 2-minute discussion, making it the longest debate so far,” he informed the House.

A day ago, after Lok Sabha passed the Waqf Bill after marathon debate, Sonia Gandhi made her displeasure over the amendments known to party leaders, while addressing the Congress Parliamentary Party (CPP) meet yesterday. She stated that the bill was bulldozed through the House and termed it a brazen assault on the Constitution.

“Yesterday, the Wakf Amendment Bill, 2024 was passed in the Lok Sabha and today it is scheduled to come up in the Rajya Sabha. The bill was in effect bulldozed through. Our party’s position is clear. The Bill is a brazen assault on the Constitution itself,” she said.

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After passage from Parliament, Waqf Bill awaits President’s nod: Details here

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New Delhi, April 4: The Waqf (Amendment) Bill was passed by Rajya Sabha in the wee hours of Friday after a marathon debate, involving heated exchanges between the treasury and opposition benches. The Upper House debated the bill for nearly 14 hours and then cleared it with 128 votes in favour and 95 against.

The legislation was earlier cleared by the Lok Sabha after nearly 12 hours debate, with 288 votes in favour and 232 against.

With this, both the Houses have cleared the decks for amendments in the Waqf Bill of 1995 and repealing the Mussalman Wakf Act of 1923.

The next course of action is the Presidential assent for the bill, following which it will turn into a law.

The Bill will be sent to President Droupadi Murmu soon and her approval will pave the way for amending the 1995 laws, governing Waqf properties.

According to a leading portal, the government is expecting a smaller window for the approval, unlike the Citizenship Amendment Act (CAA).

The NDA government, which is projecting the Waqf Amendment Bill as one of key milestone decision in first year of Modi 3.0 is expected to notify it for implementation, soon after getting President’s nod.

Interestingly, one of the major highlights of Rajya Sabha voting last night, was Biju Janata Dal (BJD)’s stand on the contentious bill.

As per the numbers of NDA and INDIA bloc, the bill was expected to sail through in Rajya Sabha but with a lower margin as compared to Lok Sabha. NDA was expected to get support of 123 MPs but ended up securing 128 votes in favour while INDIA bloc ended at 95 (as against expected figure of 98).

Hours before the voting, Naveen Patknaik-led BJD opened the gates for “conscience vote’, telling its 7 MPs that they would not be bound by a whip and could vote for whichever side they wanted.

Some BJD MPs cross-voted in favour of NDA, there bettering its tally than earlier expected. A total of 119 votes was needed for the bill to get through but BJP’s efficient floor management helped it secure 128 votes.

Meanwhile, Congress has stated that it will challenge the constitutionality of the Waqf legislation in the Supreme Court.

“The INC will very soon be challenging in the Supreme Court the constitutionality of the Wakf (Amendment) Bill, 2024,” he wrote in a post on X.

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Congress MP Imran Masood calls for banning liquor during Navratri

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Saharanpur, March 29: Congress lawmaker Imran Masood said on Saturday that not just meat shops, liquor establishments should be shut during the nine-day festival of Navratri and called for embracing and promoting the spirit of brotherhood and communal harmony.

“Everybody is demanding a ban on meat shops during Navratri. Why is no one asking for a ban on liquor shops? Why is there no outpouring on the free flow of liquor during Navratri? Will this not spoil the purity and sanctity of the festival?” Saharanpur MP said in a special interaction with media.

The Congress Parliamentarian said that peaceful celebration supersedes everything, and it is incumbent upon all communities to maintain decorum during festivities and also make certain sacrifices, be it Eid or Navratri.

Notably, Eid-ul-Fitr and Navratri are coinciding on the same day this year. Both festivals are set to fall on Monday, with little possibility of change in the Eid schedule on account of moon sighting.

Days ago, the Congress MP also extended support to the demands of a meat ban during Navratri celebrations. In an apparent message to the Muslim community, he said that nothing would change if one did not eat meat for ten days.

“What matters above everything is the peaceful co-existence of communities. At no point in time, the differences over food preferences lead to communal strife,” Masood told newspersons.

Congress MP, when asked questions on the party’s strategy for the Waqf (Amendment) Bill, said that the Opposition is fully prepared to take on the Centre on “partisan legislation”.

“We opposed the amendments in the JPC meeting, tooth and nail. We will strongly voice our dissent in Parliament too,” he said.

Notably, Union Home Minister Amit Shah said on Friday that the Waqf Bill will not be delayed any further and will be reintroduced in the ongoing session of Parliament.

Only four working days of the Budget Session are left, as it concludes on April 4.

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