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Delhi HC seeks updated report from Rajasthan Police on alleged illegal arrest of two ‘minors’

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New Delhi, Oct 1: The Delhi High Court on Wednesday directed the Rajasthan Police to file an updated status report along with an inquiry report into the alleged illegal apprehension and detention of two “minor” boys, who were apprehended in Delhi and later taken to Rajasthan in connection with a theft and trespass case.

A bench of Justices Jyoti Singh and Anish Dayal was hearing a habeas corpus petition filed by street hawker Kapoori Bai, who alleged that her son, 15 and a relative’s son, 17, were forcibly taken away by unidentified men in civilian clothes from Janakpuri’s Dussehra Park on September 26.

According to a status report filed by the Rajasthan Police, the duo were arrested on September 29 and produced before a magistrate in Ajmer on September 30.

The report also highlighted that both accused had undergone medical examination at Ajmer’s Government JLN Hospital, and the medical report confirmed that they are over 19 years of age.

The Justice Singh-led Bench was further informed that an inquiry had been initiated against police officials for procedural lapses during the investigation.

In its order, the Delhi High Court recorded the petitioner’s objections that the “minors” had been kept in illegal custody for nearly four days, and that neither the Delhi Police nor their families were informed at the time of the inter-state arrest.

The petitioner’s counsel contended that the medical examination was conducted in a “shoddy manner” by merely relying on X-rays instead of following proper procedure and medical jurisprudence. He also stressed that the status report was silent on violations of Article 22(2) of the Constitution and the Delhi High Court guidelines on inter-state arrests.

After hearing the submissions, the Delhi High Court said: “Having given our thoughtful consideration to the respective submissions of the parties and on perusal of the status reports filed by the Delhi Police as also the Rajasthan Police, we are of the view that issues raised by the petitioner, more particularly, with respect to inter-state arrest, illegal apprehension and detention need consideration.”

It directed the Delhi Police to preserve CCTV footage of the area in the national capital from where the two “minors” were allegedly picked up.

“Insp. Ashu Girotra, SHO, PS Hari Nagar, is directed to place on record the CCTV footage in a pen drive along with still photographs from the relevant part of the footage, in a sealed cover, before this court. The CCTV footage shall be preserved till further orders of the court,” the order stated.

At the same time, the Justice Singh-led Bench clarified that the pendency of the writ petition would not bar the accused from seeking legal remedies in Rajasthan.

“It is open to the petitioner/accused persons to take recourse to appropriate remedies available in law, before the competent jurisdictional Court, if so advised, and the pendency of this case will not come in their way,” the order said.

The matter has been listed before the Roster Bench on October 8.

On Tuesday, the Delhi High Court had taken note of submissions by Delhi government’s standing counsel (criminal) Sanjay Lao that the Delhi police had not been informed before the arrests were made by the Rajasthan Police.

Given the sensitivity of the matter, especially since the family members are related to Deva Pardhi, who died in alleged custodial violence in July, the Justice Singh-led Bench ordered that a comprehensive report be filed under the signature of the Superintendent of Police, Ajmer.

“We are of the view that a detailed status report needs to be filed by Standing Counsel, State of Rajasthan… considering that S and the Petitioner are relatives of Deva Pardhi, it is directed that the status report will be filed under the signatures of Ms Vandita Rana, SP, Ajmer, Rajasthan,” it had ordered.

Crime

Jharkhand HC raps ACB over delay in 211 corruption probes, seeks report from DG

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Ranchi, Oct 22: The Jharkhand High Court on Wednesday expressed strong displeasure over the pendency of more than 200 preliminary inquiries (PEs) at the state’s Anti-Corruption Bureau (ACB).

The court directed the agency’s Director General to submit a detailed affidavit explaining why there is so much delay and when the probes will be completed.

A division bench headed by Chief Justice Tarlok Singh Chauhan, while hearing a suo motu public interest litigation, observed that it was a matter of serious concern that out of 613 preliminary inquiries registered with the ACB, 480 have been disposed of, while 211 cases remain pending for a long period.

The bench said the state’s premier anti-graft agency cannot cite workload or shortage of staff as excuses for delays in corruption investigations.

It also remarked that the ACB was created precisely to handle such inquiries and ensure swift action against corruption, adding that any delay undermines public confidence in the system.

During the hearing, a Deputy Superintendent of Police submitted an affidavit on behalf of the ACB, claiming that the bureau was burdened with confidential verifications, intelligence gathering, and a large number of ongoing investigations, which had caused delays in disposing of pending cases.

The court, however, rejected this explanation. It said that such justifications cannot be accepted.

It further noted that arguments citing the retirement or death of officials under investigation were equally untenable.

The court said the responsibility of the ACB does not cease merely because the concerned officer has retired or passed away. Each inquiry must reach its logical conclusion to ensure transparency and accountability.

The High Court has directed the ACB Director General to personally file an affidavit detailing the timeline for completion of the pending inquiries.

The matter has been posted for the next hearing on November 6.

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Crime

Surrogacy racket: ED grills accused doctor in Hyderabad jail

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Hyderabad, Oct 22: The Directorate of Enforcement (ED) on Wednesday started questioning Dr Pachipalli Namratha and other accused in Chanchalguda Jail here in connection with the illegal surrogacy racket.

As part of the probe into alleged money laundering, the ED officials were questioning Dr Namratha, her son Pachipala Jayanth Krishna, Muthipeta Nandini, Dhanasri Santoshi Chitikireddi Kalyani, following permission granted by a city court.

The Nampally criminal court permitted the ED to interrogate the accused in jail till October 28.

Last month, the ED conducted searches in Hyderabad, Vijayawada and Visakhapatnam under the provisions of the Prevention of Money Laundering Act (PMLA) in connection with an illegal surrogacy racket run by Dr Namratha alias Athluri Namratha in the name of Universal Srusthi Fertility & Research Centre

The Central agency had seized incriminating documents, details of couples defrauded and properties in possession of Dr Namratha.

The agency initiated the investigation on the basis of multiple FIRs registered by the Gopalapuram Police Station, Hyderabad, for fraud, cheating, criminal conspiracy, illegal surrogacy and child trafficking.

Busted in August this year, the racket involved cheating couples through fraudulent IVF and surrogacy packages, infant trafficking, forged records and illegal operations even after the clinic’s license was cancelled in 2021.

About 25 accused were arrested in the case, which is being probed by a Special Investigation Team (SIT) of Hyderabad Central Crime Station.

Searches conducted by the ED resulted in the seizure of documents, which revealed that Dr Namratha was offering such services to couples across India in different centres in Hyderabad, Vijayawada, Visakhapatnam, Nellore, Kolkata, etc.

The seized documents also revealed that Dr Namratha was involved in these activities for more than 10 years.

She created legal documents in the form of surrogacy agreements to project that the childless couples and carrier (surrogate) themselves approached her, and she was just providing the surrogacy services.

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Crime

CBI charge sheet names TMC MLA, aides in Bengal teachers’ job scam; says accused collected crores deploying agents

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Kolkata, Oct 22: The Central Bureau of Investigation (CBI) has submitted a charge sheet in the primary teachers’ recruitment corruption case, alleging that many job aspirants were denied teaching positions despite paying substantial sums to influential individuals, investigation agency sources confirmed on Wednesday.

The central probe agency’s charge sheet, filed before a local court, claims that ‘fake interviews’ were conducted for those job seekers who allegedly paid money. The agency leveled these specific allegations against Trinamool Congress MLA Manik Bhattacharya and a former party leader, Bibhas Adhikari.

Giving details about the functioning of the alleged mechanism, sources in the CBI claimed that Adhikari allegedly collected crores of rupees from job seekers on behalf of Bhattacharya.

The CBI recently filed the charge sheet in the primary teachers’ recruitment corruption case before the Bankshal court.

According to the document, agents linked to Bibhas Adhikari were deployed across the state to collect money from the job aspirants. The funds collected by these agents were allegedly routed to Bhattacharya through this close aide, Adhikari.

The charge sheet also names former secretary of the West Bengal Board of Primary Education, Ratna Chakraborty. The CBI said in the charge sheet that she acted on the instructions of Bhattacharya in matters related to the alleged irregularities.

It may be recalled that Bhattacharya served as the president of the West Bengal Board of Primary Education, while Adhikari was the former Trinamool Congress president of Nalhati Block II in Birbhum district of the state.

Ratna Chakraborty was the secretary of the primary education board during Bhattacharya’s tenure. The CBI alleged that all three accused were closely involved in the primary teachers’ recruitment scam.

Bhattacharya was earlier arrested in connection with the case and is presently out on bail. Adhikari appeared multiple times before the CBI in the same matter. He was recently arrested in Noida, Uttar Pradesh, for allegedly operating a fake police station.

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