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Tuesday,12-November-2024
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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.”

Entertainment

Mithun Chakraborty’s Wallet Gets Stolen During BJP Roadshow In Jharkhand, Organisers Request Pickpockets To Return It

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Actor-turned-politician Mithun Chakraborty found himself in a sticky situation after his wallet was stolen from his pocket during his mega roadshow in Jharkhand on Tuesday. The actor campaigned for BJP in Dhanbad, Jharkhand, and that is when he got pickpocketed, leaving the organisers red-faced.

A video from the rally has now gone viral in which the organisers and other BJP karyakartas can be heard repeatedly requesting the pickpockets to return the veteran star’s wallet. “Whoever has stolen the wallet, please return it to Mithun Da,” a BJP member was seen urging the crowd.

Despite repeated pleas, the wallet was not returned.

Chakraborty led a massive roadshow in the Nirsa Assembly area of Jharkhand to extend his support to BJP candidate Aparna Sen Gupta. Thousands of people gathered at the venue to catch one glimpse of the star, and it led to major chaos and mismanagement at the spot.

Despite security forces in place, the crowd went out of control and rushed towards the stage to click photos and videos of the actor and see him from up close. It was during this chaos that Chakraborty’s wallet was stolen.

Disappointed by the fiasco, Chakraborty concluded the event sooner than expected and rushed back to safety.

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National News

Ugly Fight Breaks Out Between 2 Groups Of Women As They Hit Each Other With Sticks Over Playing Music In UP’s Baghpat

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A dispute over a seemingly trivial matter escalated into a chaotic clash between two groups of women in Uttar Pradesh’s Doghat on Thursday. 

As per reports, the altercation began over playing music but tensions in the area quickly intensified when two groups of women started thrashing each other with sticks and other objects. 

A video of the incident, which has gone viral on social media, shows around eight to ten women involved in a fierce brawl on a busy street. Bystanders can be seen watching in shock, with some attempting to intervene but retreating due to the intensity of the fight.

Several women were injured in the confrontation, and the footage has sparked outrage on social media. 

Reports suggest that local residents eventually managed to de-escalate the situation, but not before multiple women sustained injuries. 

Doghat police have initiated an investigation based on the video. As per reports, they are currently examining the video footage, and appropriate action will be taken following the investigation.

UP: Two burnt alive in truck collision in Fatehpur

Meanwhile, in a separate incident, a truck driver and his helper were burnt alive when two trucks collided and caught fire in the Hussainganj area of Uttar Pradesh’s Fatehpur district, police said on Thursday.

The incident occurred around midnight on Wednesday on the Fatehpur-Lucknow road, Additional SP Vijay Shankar Mishra said.

Vinay Shukla (35), the driver of one of the trucks, and his helper, Ramraj Yadav (23), were burnt alive in the blaze. The occupants of the other truck managed to jump out before the fire spread, Mishra added.

Both victims were residents of Kherwa village in the Shivratanganj police station area of Amethi district. Their bodies have been sent for postmortem, Mishra said.

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National News

J&K Assembly: Scuffle Breaks Out After Engineer Rashid’s Brother Shows Article 370 Banner In House

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J&K Assembly: Scuffle Breaks Out After Engineer Rashid's Brother Shows Article 370 Banner In House

Srinagar: The proceedings of the Jammu and Kashmir Assembly were disrupted after a scuffle broke out in the House between National Conference and BJP MLAs.

According to reports, the House proceedings were briefly adjourned after Engineer Rashid’s brother, MLA Khurshid Ahmad Sheikh, displayed a banner about Article 370, which led to objections from BJP MLA Sunil Sharma.

Irfan Hafeez Lone displayed a banner on the restoration of Article 370 in the J&K Assembly. After a scuffle between Lone and BJP members, the House proceedings were adjourned for 15 minutes. BJP raised concerns over security, questioning how such actions were allowed.

Leader of the Opposition, Sunil Sharma, stated that under special status, some had built their own “palaces” and even cemeteries. This provoked anger from National Conference (NC) leaders. BJP members began chanting slogans in the House, while NC leaders also responded with their own slogans. The visuals of the incident have surfaced on the internet.

In the viral video, the lawmakers can be seen pushing each other on the floor of the house.

After the House resumed following the scuffle, several opposition MLAs causing disruption were physically removed by marshals and evicted from the Assembly.

Meanwhile, PDP moves a fresh resolution in the Jammu and Kashmir Assembly seeking the restoration of Articles 370 and 35A. The BJP opposed the resolution demanding its withdrawal.

Amid uproar, the Jammu and Kashmir assembly has been adjourned till Friday. The UT assembly on Wednesday passed a resolution seeking a dialogue for “restoration of special status and constitutional guarantees” to the Jammu and Kashmir. The resolution was supported by all parties except the BJP.

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