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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

Telangana Minister condemns attack on Allu Arjun’s house

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Hyderabad, Dec 23: Telangana’s Minister for Roads and Buildings and Cinematography Komatireddy Venkata Reddy on Monday condemned the attack on the house of Tollywood actor Allu Arjun.

The minister took to ‘X’ to condemn the attack on Allu Arjun’s house in Hyderabad by a group of persons on Sunday over the Sandhya Theatre stampede issue.

“I strongly condemn the attack on the house of film actor Allu Arjun. There is no room for physical attacks in a democracy. No one should act in a way that disrupts peace and order. The matter related to the Sandhya Theatre incident is in court. The law will take its course,” the Minister posted.

Earlier, Chief Minister A. Revanth Reddy also condemned the attack on the actor’s house. He directed the Director General of Police and City Police Commissioner to take strict action to maintain law and order. He made it clear that no laxity would be tolerated in this regard.

The Chief Minister also asked senior officials to prevent police personnel who are not connected with the investigations into the Sandhya Theatre incident from speaking on the issue.

Assistant Commissioner of Police Vishnu Murthy, was suspended recently following allegations of corruption, Sunday addressed a press conference about the December 4 incident at Sandhya Theatre. He accused Allu Arjun of lacking a basic understanding of the law and also targeted the film industry for criticizing the police department.

Taking serious note of the suspended police official’s action, top officials initiated disciplinary action against him.

Akshansh Yadav, Deputy Commissioner of Police (DCP) Central Zone, said in a statement that Vishnu Murthy conducted the press meeting without obtaining prior permission from higher authorities or intimating any senior officer. “This action is a clear violation of disciplinary norms. We are forwarding a report against Sri Vishnu Murthy to the Director General of Police (DGP) for initiating disciplinary action. The DGP’s office will investigate this matter and take necessary action,” he said.

“We reiterate that such actions will not be tolerated, and necessary disciplinary measures will be taken against those who violate the conduct rules,” the DCP said.

Vishnu Murthy was previously working as the DSP Task Force at Nizamabad, and later attached to the DGP Office on allegations and subsequently suspended in October 2024.

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Crime

Three Khalistani terrorists who bombed Punjab Police posts killed in encounter in UP

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Pilibhit (Uttar Pradesh), Dec 23: Three criminals accused of hurling a grenade at police posts in Punjab’s Gurdaspur were killed in an encounter with police in Uttar Pradesh’s Pilibhit early Monday morning, a senior police officer said.

Punjab Police DGP Gaurav Yadav, while sharing details on social media platform X, stated, “In a major breakthrough against a Pak-sponsored Khalistan Zindabad Force (KZF) terror module, a joint operation by UP Police and Punjab Police led to an encounter with three module members who fired at the police party. This terror module is involved in grenade attacks at police establishments in border areas of Punjab.”

He said that the three suspects were involved in the grenade attack on a police post in Gurdaspur.

Pilibhit Superintendent of Police (SP) Avinash Pandey reported that the gunfight occurred in the Puranpur police station area between the suspected Khalistani terrorists and a joint team of Punjab and Uttar Pradesh Police.

The injured suspects, identified as Gurvinder Singh, Virendra Singh, and Jasanpreet Singh, sustained injuries and were taken to a hospital for treatment.

Authorities recovered two AK-series rifles, two Glock pistols, and a large quantity of ammunition from the scene.

“Early this morning, a team from Punjab Police informed Puranpur police station that suspects in a grenade attack on a police post by alleged Khalistani terrorists might be hiding in the area,” SP Pandey said.

Upon receiving this information, police teams immediately launched a blockade and searched the area. They later received a tip-off about three suspicious young men on a motorcycle, riding dangerously and carrying potentially harmful items, heading toward Pilibhit.

“Both Punjab Police and Puranpur police station staff chased the suspects. Meanwhile, Gajrola and Madhav Thanda police stations were alerted about possible escape routes. At a canal track near an under-construction bridge, the suspects opened fire when challenged by the police. In the retaliatory firing, all three were injured and subsequently sent to CSC Puranpur for treatment,” Pandey said.

However, they later succumbed to the injuries.

Recently, multiple explosions targeted police posts in Gurdaspur. On Thursday, a grenade was hurled at the closed Bakshiwal police post.

A day later, another explosion occurred at the closed Wadala Bangar police post, which had also recently shut down due to staff shortages.

Residents in nearby areas reported being shaken by the blasts. At Wadala Bangar, frightened locals emerged from their homes at night only to discover the sound originated from the police station. Following the explosion, police vehicles patrolled the area throughout the night, with sirens blaring.

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Crime

At least 18 killed in Israeli airstrikes on Gaza

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Gaza, Dec 21: At least 18 Palestinians were killed in Israeli airstrikes on the central and northern Gaza Strip, according to Palestinian sources.

Local sources and eyewitnesses reported that Israeli warplanes targeted an apartment in the multi-story “Yaffa” tower in the al-Nuseirat camp, located in central Gaza.

A statement from Al-Awda Hospital in the camp confirmed that eight people were killed and 14 others injured, some seriously, in the attack.

In northern Gaza, Israeli shelling struck a house belonging to the “Khilla” family in Jabalia Al-Balad, killing 10 people and injuring several others, according to the Gaza Strip’s Civil Defence.

The Israeli army has not commented on these incidents.

Also on Friday, the military wing of Hamas, Al-Qassam Brigades, announced that one of its fighters had carried out a suicide attack targeting an Israeli force of six soldiers in Jabalia refugee camp, northern Gaza.

The Israeli army has not issued a comment on this incident.

Earlier on Thursday at least 16 Palestinians were killed by Israeli bombings in northern Gaza, the Palestinian official news agency WAFA reported.

At least 10 people were killed on Wednesday night and some others injured when the Israeli aircraft bombed the house of the Al-Najjar family in the town of Jabalia, WAFA said.

Six more people were killed due to Israeli bombing on the house of the Al-Zaytouniya family near the Al-Tabi’in School in the Al-Daraj neighborhood, east of Gaza City, it added.

The Israeli army has not commented on these incidents.

Israel has been conducting a large-scale offensive against Hamas in Gaza in retaliation for the October 7, 2023 Hamas assault on southern Israel, which resulted in approximately 1,200 deaths and 250 hostages taken.

As of Friday, the Palestinian death toll from ongoing Israeli attacks in Gaza has risen to 45,206, according to Gaza-based health authorities.

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