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Delhi HC notice to Centre on PIL against Criminal Procedure Identification Act

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The Delhi High Court on Thursday issued notice to the Centre on a plea seeking a judicial review of the provisions of the Criminal Procedure (Identification) Act, 2022.

The Criminal Procedure (Identification) Act, 2022 was passed in Parliament this month and received the President’s assent and was subsequently published in the Gazette of India (Extraordinary) on Monday.

Directing to file a reply within six weeks in the Public Interest Litigation (PIL) challenging the newly-introduced Act, a division bench headed by Acting Chief Justice Vipin Sanghi and Justice Navin Chawla slated the matter for further hearing on November 16.

In the PIL, the petitioner Harshit Goel sought a judicial review of Sections 2(1)(a) (iii), 2(1) (b), 3, 4, 5, 6, and 8 of the Act and prays for appropriate direction to declare the aforesaid provisions of the Act as unconstitutional and void.

It is worthwhile to mention here that the new Act grants legal sanction for the Police to collect finger impressions, palm prints impressions, footprint impressions, photographs, iris and retina scans, and physical and biological samples. It also allows the authorities to collect behavioral attributes including signatures, handwriting, or any other examination referred to under Section 53 or Section 53A of CrPC.

The petition contends that the ‘biological samples’, their ‘analysis’, and ‘behavioural attributes’ can be taken forcibly in case of resistance or refusal with the support of this act.

It said that the fundamental right to life and personal liberty under Article 21 provides a shield to protect ‘bodily integrity and dignity’, and such protection extends to prisoners, undertrials, arrested persons, detainees in the course of investigation and persons in protection homes. Forcing an individual to part with his ‘measurements’ under the provisions of the Act violates the standard of ‘substantive due process’ which is required for restraining personal liberty.

As per the plea, Sections 3 and 5 of the Act, in flagrant violation of the law laid down by the Supreme Court, allows excessive, coercive, and arbitrary intrusion into the dignity of a convict as well as of an individual who may be called in for simple questioning, or who is involved in the pettiest of offences.

These provisions constitute a clear attack on ‘personal liberty and clearly fall foul of Article 21 of the Constitution and are thus liable to be struck down.

It further stated that Section 8 of the Act suffers from the vice of excessive delegation since the legislature has clearly abdicated its legislative function vide this Section. Section 8 allows the Central Government and the State Governments to frame rules regarding issues that are the subject matter of legislative policy without providing any guidance or framework on rule-making to the Executive.

Crime

Tripura: Police Seize 44 Kg Of Drugs Worth Rs 2.52 Lakh At Agartala Railway Station

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Agartala (Tripura): Agartala Government Railway (GRP) Police seized 44 kg of drugs worth Rs 2.52 lakhs at Agartala Railway Station, railway police said on Tuesday.

About The Seizure

Acting on a tip-off, police on Tuesday conducted a search near the 13th rail track on the Agartala to Jirania route, near Agartala Railway Station. During the operation, authorities recovered 44 kg of dried cannabis from bushes alongside the tracks. The narcotics were allegedly being smuggled out of the state via train.

According to the police, the seized cannabis has an estimated market value of approximately Rs 2.52 lakhs. The Agartala GRP (Government Railway Police) station has launched an investigation to identify the individuals responsible for this illegal consignment. Further action will be taken based on the findings of the investigation.

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Crime

Andhra Pradesh Govt Suspends Three IPS Officers Over Actress Harassment Case

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The Andhra Pradesh government on Sunday suspended three senior IPS officers following an inquiry into the allegations made by a Mumbai-based actress, Kadambari Jethwani. The state government issued orders suspending P. Sitharama Anjaneyulu, then Director General of Police, Intelligence; Kanthi Rana Tata, the then Commissioner of Police, Vijayawada, and Vishal Gunni, then Deputy Commissioner of Police, Vijayawada.

She and her parents allegedly faced harassment at the hands of police officers at the instance of a leader of YSR Congress, which was then the ruling party in Andhra Pradesh. The suspensions were issued under Rule 3 (1) of the All India Services (Discipline & Appeal) Rules, 1969. Sitharama Anjaneyulu has been suspended on allegations of misuse of power and grave misconduct.

He had allegedly instructed the other two officials to arrest the actress, even before a formal crime had been registered. There are allegations that Kanthi Rana Tata arrested the actress based on oral instructions from his superior on January 31, 2024, before the registration of the FIR on February 2.

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Crime

UP: Man Beats Wife To Death In Amroha For Not Meeting Dowry Demands Of TVS Apache Bike & ₹3 Lakh Cash

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Amroha: In a tragic incident from Uttar Pradesh’s Amroha, a young woman named Meena was brutally beaten to death by her husband, Sundar, for not fulfilling his dowry demands. Sundar, a resident of Baikheda village, had been married to Meena for two years and had persistently demanded a TVS Apache bike and Rs 3 lakh as dowry. Despite repeated harassment over the dowry, Meena was unable to meet his demands, a situation she had confided to her father.

Meena had been staying at her father’s home in Soharka since the festival of Rakshabandhan, possibly seeking refuge from the abuse. Sundar continued visiting her daily, often having meals with her family, creating an appearance of normalcy.

Sundar Brought Meena Back Home, Later Killed Her

On Sunday night, he came to bring her back to his house. Once there, Sundar confronted her again about the dowry and, in a violent fit of rage, attacked her with sticks. Unable to force her compliance, he strangled her to death before fleeing the scene.

It was the local residents who first alerted the authorities to the murder. Upon hearing the devastating news, Meena’s family rushed to the police station, demanding immediate action against Sundar. Her father, Vijay Khadak Banshi, later lodged a formal complaint accusing Sundar, along with his mother, sister and four others, of involvement in the crime.

Case Filed, Manhunt Launched To Nab Accused

The police have registered a case based on the family’s complaint and are actively searching for Sundar, who remains at large. Meanwhile, Meena’s body has been sent for a post-mortem examination to aid in the ongoing investigation.

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