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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

Maloney arrested with 7.2 million worth of ganja and pistol, five others

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Mumbai Maloni Police has claimed to have arrested five accused including ganja worth Rs 72 lakhs and a country-made pistol and live cartridges. In Maloni, the police had arrested Ashiq Hussain Khan with 1 kg 60 grams of ganja. He said that he buys this drug from Nashik. After that, Santosh More of Nashik was arrested. After that, a total of four accused were arrested in this case and a case was registered against them under the NDPS Act. A car was searched in Maloni Madh in which a country-made pistol and ganja were recovered. This operation was carried out by DCP Sandeep Jadhav on the instructions of Mumbai Police Commissioner Devin Bharti. The police is investigating the matter further.

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Crime

Bihar: Nine Years After Journalist Rajdev Ranjan’s Murder, CBI Court Convicts Three And Acquits Three Accused In Siwan Case

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Patna: Nine years after the murder of senior journalist Rajdev Ranjan in Bihar’s Siwan, the Special CBI Court in Muzaffarpur on Saturday convicted three accused while acquitting three others.

On May 13, 2016, Rajdev Ranjan, then bureau chief of a leading Hindi daily, was shot dead in Siwan.

He was returning from a hospital visit when assailants opened fire, hitting him with two bullets that proved fatal on the spot.

His wife, Asha Yadav, lodged the FIR at the Siwan Town police station, and suspicion soon pointed towards jailed RJD strongman and former Siwan MP Mohammad Shahabuddin, though charges were later framed against other accused.

The case was later taken over by the CBI, which filed a chargesheet against seven accused, excluding Shahabuddin.

Shahabuddin, considered the main accused, died during the COVID-19 pandemic.

The trial involved six accused – Azharuddin alias Laddan Mian, Rohit Kumar Soni, Vijay Kumar Gupta, Sonu Kumar Gupta, Rajesh Kumar, and Rishu Kumar Jaiswal.

Another accused was declared a juvenile, with his case being heard separately.

After nearly eight years of proceedings, during which the CBI examined 69 witnesses and presented 111 pieces of evidence, District and Additional Sessions Judge-3 Namita Singh delivered the judgment.

As per the judgement, Azharuddin alias Laddan Mian, Rajesh Kumar and Rishu Kumar Jaiswal were acquitted while Vijay Kumar Gupta, Sonu Kumar Gupta and Rohit Kumar Soni were found guilty.

Defence lawyer Sharad Sinha told reporters that the court acquitted three accused due to lack of evidence, while the remaining three were found guilty of the journalist’s murder.

The high-profile case, once linked to Shahabuddin’s political clout in Siwan, was initially heard at the Special Court (MP/MLA cases) in Patna before being shifted to the CBI Court in Muzaffarpur.

The sentencing of the three convicted accused is expected in the coming days.

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Crime

Virar Building Collapse: 5 People Arrested In Connection With Case; Probe Handed Over To Crime Branch

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Palghar: The investigation into the collapse of the Ramabai building in Virar, which claimed 17 lives earlier this week, has been handed over to the Crime Branch Unit 3.

Initially, builder Nittal Gopinath Sane (48) was arrested in connection with the case. Following further inquiry, police have also taken into custody Shubhangi Bhoir (38), Sandhya Patil (35), Surendra Bhoir (46), and Mangesh Patil (35) — the daughters and son-in-law of the late landowner Parshuram Dalvi. All five accused are scheduled to be produced before the Vasai Sessions Court on Saturday.

According to investigators, Dalvi had entered into an agreement with developer Sane for the construction of the building between 2008 and 2011. In 2020, the municipal corporation had issued a notice citing the need for repairs. Officials have confirmed that the structure was illegal.

On Tuesday, tragedy struck when the building collapsed, killing 17 residents and leaving several others injured. The probe is focusing on negligence, accountability of the landowners, and the role of the developer in the unauthorized construction.

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