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‘Don’t approve, not good’, SC reserves order on plea challenging bail to Ashish Mishra

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The Supreme Court on Monday reserved the order on a petition seeking cancellation of bail granted to Ashish Mishra, prime accused in the Lakhimpur Kheri violence case which claimed eight lives.

A bench headed by Chief Justice N.V. Ramana and comprising Justices Suya Kant and Hima Kohli made strong observations against the February 10 Allahabad High Court granting bail to Mishra. “We don’t approve of such irrelevant things…don’t want to use word nonsense,” said the bench. It further added, “This is not good…what we feel this way going into the merits, injuries (caused by bullet) is not necessary.”

Senior advocate Mahesh Jethmalani, representing the Uttar Pradesh government, submitted that the alleged offence is very serious and the state government has provided adequate security to all the 98 witnesses in the case, and the police are also in regular touch with them.

The bench noted that the top court appointed Justice Rakesh Kumar Jain, a former judge of the Punjab and Haryana High Court, to monitor the Lakhimpur Kheri violence probe, and had recommended cancellation of bail granted to Mishra.

The Chief Justice told Jethmalani, “Not filing SLP (special leave petition), protection provided to witnesses, these all are not issues…state should have acted on suggestions made by the SIT. We are not forcing you to file an SLP.”

The Chief Justice further categorically asked Jethmalani, “What is your stand?” Jethmalani replied that Mishra is not a flight risk and to say the offence was intentional or not, is a matter of trial, and reiterated that offence is serious.

During the hearing, the bench observed why did the high court judge go into merits of the case in a bail matter. The bench noted, “Forget about merits, how can the judge go into all this post mortem and all?”

Senior advocate Dushyant Dave, representing the family members of the victims’, submitted that the high court failed to consider relevant facts, and the order suffered from gross non-application of mind by the high court. After hearing detailed arguments in the matter, the top court reserved the order.

Jethmalani said the state government opposed the bail granted to Mishra in the case.

Mishra was arrested on October 9 last year in the case. On October 3, 2021, eight people, including four farmers, were killed in Lakhimpur Kheri in clashes during a farmers’ protest. He was granted bail on February 10.

The family members of the farmers, mowed down by a car belonging to Mishra, in Lakhimpur Kheri had moved the top court challenging bail granted to him. He is the son of Union Minister and BJP MP Ajay Kumar Mishra. The victims’ families have claimed that the state has not filed an appeal opposing bail granted to Mishra.

In November last year, the Supreme Court appointed Justice Rakesh Kumar Jain, a former judge of the Punjab and Haryana High Court, to monitor the Lakhimpur Kheri violence probe. The top court also reconstituted the SIT investigating the incident and appointed IPS officer S.B. Shiradkar, as its head.

Crime

RG Kar victim’s parents yet to secure death certificate even after six months

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Kolkata, Feb 22: Over six months have passed since the shocking rape and murder of a junior woman doctor at Kolkata’s R.G. Kar Medical College and Hospital but her parents are still to get a copy of her death certificate.

The body of the victim was recovered from a seminar hall within the premises of the state-run institution early on August 9 last year.

The victim’s parents have alleged that they have been unable to get the death certificate till now as the R.G. Kar and Kolkata Municipal Corporation (KMC) authorities are shifting the responsibility onto each other.

According to them, the KMC authorities are claiming that since the “place of death” is R.G. Kar, it is the responsibility of the hospital authorities to provide the death certificate.

On the other, the R.G. Kar authorities claim that if a patient dies within the hospital premises or is even brought dead to the hospital, the death certificate will have to be provided by the KMC authorities, the parents added.

The victim’s parents have further claimed that although they have not got a copy of the death certificate, it has been mentioned in the court documents, as per the statement of a medical officer attached to R.G. Kar.

They now say if the death certificate is mentioned in the court documents, why was a copy of the certificate not handed over to them?

Last week, a special court in Kolkata, which had convicted and sentenced civic volunteer Sanjay Roy in the rape and murder case, directed the Central Bureau of Investigation (CBI) to file a fresh progress report on its investigation in the matter on February 24.

Since the special court has already pronounced the sentence for the convict in the main crime of rape and murder, legal circles feel that the fresh progress report will be related to the angle of tampering with the evidence in the case.

It is learnt that the special court had directed the CBI to submit a fresh progress report following a complaint filed by the counsel of the victim’s family accusing the central agency of not updating the court on the progress of investigation in the matter periodically.

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Crime

Ten persons arrested for attack on Congress MP, says Assam CM

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Guwahati, Feb 21: Assam Chief Minister Himanta Biswa Sarma said on Friday that ten persons have been arrested in connection with the attack on Congress MP Rakibul Hussain.

Taking to social media platform X, CM Sarma said, “The police have identified the individuals involved in the alleged incident of assault on Congress MP Sri Rakibul Hussain.”

He also mentioned that the actions will be taken as per the law.

The Dhubri MP was attacked while attending a public programme in the Nagaon district.

The Congress MP had to run from the spot wearing a helmet to save himself. The security officers of Hussain sustained minor injuries in the attack.

In a viral video, it was seen that some masked miscreants initially showed black flags to the Congress MP and after that attacked him.

In the video, Hussian was seen fleeing from the spot in a two-wheeler to save himself from the attack.

The incident that happened in the Ruporihat locality drew criticism from the opposition with Congress leaders training guns on the BJP government.

Gaurav Gogoi, Deputy Opposition leader in the Lok Sabha, launched a sharp attack on the BJP government as Congress MP Hussain was attacked on Thursday.

Gogoi said, “In Assam, a Congress Lok Sabha MP is attacked by thugs in broad daylight in a busy marketplace. The goons even attack the police security officers and try to snatch their weapons. All of this is recorded on camera. Yet the Chief Minister of Assam Himanta Biswa Sarma refuses to ensure that the thugs will be arrested immediately.”

“The Chief Minister should at least think of his constitutional duty towards Assam Police and the innocent civilians in the marketplace. If the goons had got hold of the machine gun, a terrible tragedy could have taken place. The attitude of the Chief Minister will only embolden the thieves, dacoits, smugglers and those accused of murder. Democracy is under threat and people of Assam want freedom from this gunda raj culture,” he added.

The Leader of the Opposition in the Assembly Debabrata Saikia said it was a “failure” of the police and administration.

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Crime

New India Co-operative Bank Scam: EOW Arrests Former CEO Abhimanyu Bhoan

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Mumbai: The Economic Offences Wing (EOW) has made another arrest in the New India Co-operative Bank scam. Former CEO Abhimanyu Bhoan has been taken into custody, making him the third accused in the case.

The Court has remanded accused into police Custody untill February 28.Bhoan’s arrest follows an ongoing investigation into financial irregularities within the bank, which allegedly led to taken place during his working period.

The authorities suspect his involvement in mismanagement and fraudulent transactions.Further investigation is underway, and officials believe that more arrests may follow in the case.

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