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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

Pune Police bust illegal injection racket linked to bodybuilding, substance abuse; 5 arrested

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Pune, July 29: Pune Police have exposed an alleged illegal network that was endangering the lives of young people in the name of fitness and bodybuilding. Acting on specific information, police arrested five individuals and seized 50 vials of Mephentermine Sulphate Injection IP (MEPHIVAN), allegedly being used for bodybuilding and intoxication purposes.

According to police, the operation was conducted at around 11:20 p.m. on July 24 on a public road near Anand Darbar on Katraj-Dattanagar Road. During the investigation, it was found that the accused were allegedly selling the injections illegally without possessing a valid drug licence or the required medical and pharmaceutical qualifications.

The arrested individuals have been identified as Atharva Indrajit Shinde (24), Avinash Shiva Balungi (22), Pradeep Jitendra Humbre (26), Piyush Ganesh Bharam (26), and Laxman Parmeshwar Mane (36).

Police officials stated that Mephentermine Sulphate Injection is a prescription medicine that should only be administered under the advice and supervision of a qualified medical practitioner. The use of such injections without proper medical consultation can result in serious health complications. Investigators alleged that the accused were preparing to sell the injections illegally to individuals seeking enhanced physical performance, muscle growth, or intoxication.

A case has been registered against the accused under the relevant provisions of the law. Authorities are now investigating the source of the injections, the possibility of a larger supply chain operating behind the racket, and the identities of the intended buyers.

Police officials said strict action would continue against individuals involved in the illegal sale and distribution of restricted or controlled drugs, particularly those exploiting the growing fitness and bodybuilding culture among the youth.

In bodybuilding, injections typically refer to the use of performance-enhancing substances, like anabolic steroids, human growth hormone (HGH), peptides, or site-enhancement oils to speed up muscle growth or change body shape. These methods carry severe medical risks and are often illegal or banned in competitive sports.

Some athletes, bodybuilders and others misuse these drugs in an attempt to enhance performance and/or improve their physical appearance.

Misuse of anabolic steroids can cause a variety of side effects ranging from mild to harmful or even life-threatening. Most side effects are reversible if you stop taking the drugs, but others may be permanent.

Nonprescription doses are often 10 to 100 times higher than the doses healthcare providers prescribe to treat medical conditions. This is why the side effects are usually more severe than the side effects of prescribed anabolic steroid use.

Potential complications include high blood pressure, blood clots, heart-related ailments such as heart attacks, stroke, and liver damage. Non-prescription doses are often significantly higher than medically recommended levels, increasing the likelihood of serious and life-threatening health consequences.

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Crime

Hyderabad Police officer suspended on allegation of sexually exploiting woman

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Hyderabad, July 29: Station House Officer (SHO) of Jubilee Hills Police Station in Hyderabad has been suspended following allegations of sexually exploiting a woman and blackmailing and threatening her.

Hyderabad Police Commissioner V.C. Sajjanar issued orders suspending Station House Officer U. Srinivasulu Reddy. An announcement to this effect was made late on Tuesday night.

Following the allegations by a 31-year-old woman from Sangareddy district, the officer was sent to the Vacancy Reserve. After the preliminary investigation, the Commissioner ordered his suspension, pending a departmental inquiry.

The woman had complained to the Director General of Police (DGP) C.V. Anand that Srinivasulu sexually assaulted her, forced her to undergo an abortion and threatened her. She also accused him of physically assaulting her.

She alleged that the SHO was blackmailing her by threatening to post her personal videos and demanding that she pay Rs 2 crore. She claimed she had paid several thousands of rupees on different occasions.

The incident dates back to 2021, when she approached Ameenpur police station over a family dispute. Srinivasulu was then serving as an inspector there. She alleged that he later contacted her regarding the case and gradually demanded sexual favours.

The woman alleged that Srinivasulu later asked her to visit his residence in KPHB and, when she refused, he threatened to come to her house. She alleged that he later sexually assaulted her at his residence. She also claimed that he took her to a hospital when she became pregnant, where she underwent an abortion.

The woman also alleged that Srinivasulu had paid Rs 25 lakh to get posted as Jubilee Hills SHO.

Reddy, who was posted as SHO of Jubilee Hills just four months ago, denied the allegations. He reportedly told senior officials that the woman threatened him and extorted money from him.

Police are likely to record the statements of both the suspended officer and the complainant as part of the investigation into the allegations.

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Crime

Karnataka MLA threatens to destroy LoP Rahul Gandhi’s family like Babri Masjid; FIR registered

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Bengaluru, July 29: Karnataka Police on Wednesday registered an FIR against BJP MLA Yashpal Suvarna after he allegedly said that Leader of the Opposition in the Lok Sabha, Rahul Gandhi’s family would be “destroyed” in the same manner as the Babri Masjid was demolished in 1992.

The FIR was registered by the Udupi Town Police Station based on a complaint filed by Ashok Kumar Kodavoor, president of the Udupi District Congress Committee. Police have invoked Sections 57, 192, 196(2), 352, 353(2), and 351(2) of the Bharatiya Nyaya Sanhita (BNS).

Addressing a public programme organised by the BJP in Udupi, Suvarna threatened the Congress leadership, stating: “If you continue to enact such dramas, just as our party workers destroyed the Babri Masjid in 1992 when our sentiments were hurt, the Congress dynasty and Rahul Gandhi’s family will likewise be destroyed.”

The remarks have triggered a major political controversy in Karnataka, with the Congress accusing the BJP of resorting to hate speech and intimidation. Video clips of the speech have since gone viral on social media, prompting demands for immediate legal action.

KPCC Working President and MLC, Manjunatha Bhandary, said the Karnataka government had taken the matter seriously and would ensure that strict action is taken in accordance with the law. He described Suvarna’s statements as “hateful, derogatory and provocative” and said they were unbecoming of a public representative who has taken an oath to uphold the Constitution.

Bhandary said that the BJP was attempting to divert attention from the NEET question paper leak controversy and the nationwide protests over the issue by targeting LoP Rahul Gandhi through personal attacks. He also criticised other BJP legislators who were present at the event for failing to condemn the remarks.

“The silence of other elected representatives present at the programme may be construed by the public as tacit support for such statements,” Bhandary said, adding that political differences cannot justify defamation, hate speech or threats.

He further stated that the remarks posed a threat to communal harmony and law and order, particularly in the coastal region, and said he would take up the matter with the State Home Minister to seek appropriate directions for expediting the investigation.

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