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Future of Bengal’s Pegasus panel uncertain after SC sets up committee

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With the Supreme Court appointing an independent expert technical committee to examine allegations that the government used Israeli spyware, Pegasus, the future of the two-member commission, formed by the West Bengal government three months before, to probe the issue is unclear.

Though the state commission is yet to come out with an official statement, a section of legal experts believes that after the formation of the committee by the apex court, it has lost its relevance.

The two-member commission comprising former Supreme Court judge, Justice Madan B. Lokur, and former Calcutta High Court Justice Jyotirmay Bhattacharya, met on Thursday to decide their future course of action but declined to speak anything on the issue.

Chief Minister Mamata Banerjee had set up the commission of inquiry into the alleged surveillance of phones using the Pegasus spyware developed by the Israeli cyber-intelligence company NSO Group. It was look into the alleged breach of privacy of several individuals – journalists, activists, businesspersons, police officials, politicians – both in the government and the opposition.

According to the notification issued by the West Bengal government, the commission will “enquire into and report on inter alia the reported interception and the possession, storage and use of such information collected through such interception, in the hands of state actors and non-state actors”.

The commission, set up under the Commissions of Inquiry Act, 1952, was given powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908. This means that it had powers to summon and enforce the attendance of any person from any part of India and examine him or her on oath, and receive evidence, and it can order requisition of any public record or copy from any court or office.

Under Section 5 of the Act, the commission also has the power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters that, in the opinion of the commission, may be useful for, or relevant to, the subject matter of the inquiry.

According to political experts, Banerjee’s move to form the commission was an effort to force the Centre to react. Though both the Central and state governments can set up such commissions of inquiry, states are restricted by subject matters that they are empowered to legislate upon.

According to the legal provisions, it matters who orders an inquiry first. If the Central government set up the commission first, then states cannot set up a parallel commission on the same subject matter without the approval of the Centre. But if a state has appointed a commission, then the Centre can appoint another on the same subject if it is of the opinion that the scope of the inquiry should be extended to two or more states.

However, a section of the legal experts believe that the state commission cannot run simultaneously with the committee formed by the Supreme Court.

“The state cannot form this kind of commission legally but the state government has formed the commission under the Commissions of Inquiry Act 1952. The committee the Supreme Court has formed is not under the Act, but it is on the basis of powers vested on the Supreme Court,” former Supreme Court judge Asok Kumar Ganguly said.

“The committee has been formed under Article 142 of the Constitution. If this committee functions, then I cannot understand how the illegal (according to me) commission formed by the state can function. This is not tenable under the Constitution of India,” he added.

However, Trinamool Congress MP and Supreme Court lawyer Kalyan Banerjee contended: “The two can function simultaneously. There is no problem in the functioning of the two commissions.”

Crime

Delhi Police Arrest Over 35,000 Individuals; Seize Drugs, Cash & arms During Model Code of Conduct Enforcement

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New Delhi: Delhi Police have arrested more than 35,000 individuals and seized a wide range of illicit materials in their operation to enforce the Model Code of Conduct (MCC) from January 7 to February 5, 2025.

A total of 1,098 cases were registered for MCC violations during this period. Among the key seizures were 475 unlicensed arms and 534 cartridges, with 496 individuals arrested in connection with these weapons.

Additionally, the police confiscated 114,699 litres of liquor and arrested 1,423 persons were arrested for liquor-related offences, according to the Delhi police.

The authorities also seized 206.712 kg of drugs valued at over Rs 77.9 crores, along with 1,200 drug injections. A total of 179 individuals were arrested for drug-related offences.

The police also seized Rs 11,70,29,927 in cash, 0.850 kg of gold, and 37.396 kg of silver. In preventive actions, Delhi Police arrested 35,020 individuals under various provisions and other acts.

Meanwhile, the exit polls varied in their prediction of the margin of BJP victory, with one poll saying that the party could win 51-60 out of 70 assembly seats in Delhi. Two polls also predicted an AAP victory. The exit polls were released after voting concluded on Wednesday.

Delhi has 1,561,400 registered voters, including 837,617 males, 723,656 females, and 1,267 third-gender voters. The electorate also includes 239,905 first-time voters aged 18-19, 109,368 elderly voters aged 85 and above, and 79,885 persons with disabilities.

Votes will be counted on February 8. AAP has dominated the last two assembly elections in Delhi.

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Crime

RG Kar financial case: Sandip Ghosh moves division bench of Calcutta HC

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Kolkata, Feb 6: After two failed attempts to secure more time for the charge-framing process in the multi-crore financial irregularities case at R.G. Kar Medical College and Hospital, former principal Sandip Ghosh and other accused have now moved a division bench of the Calcutta High Court.

The division bench, comprising Justice Joymalya Bagchi and Justice Subhendu Samanta, has accepted their petition and scheduled the hearing for the second half of Thursday.

The repeated rebuffs from the single-judge bench have now led the accused to seek recourse from the division bench.

The case involves allegations of multi-crore financial mismanagement at the state-run medical institution.

Notably, the charge-framing process is also set to begin at a special court in Kolkata this afternoon, making its fate dependent on the division bench’s ruling.

The special court is also scheduled to hear exemption petitions filed by the five accused, including Ghosh.

On Wednesday, the single-judge bench of Justice Tirthankar Ghosh had rejected, for the second time, a plea by the accused seeking more time for charge framing. This follows a January 31 ruling where Justice Tirthankar Ghosh had dismissed a similar plea, directing the CBI to ensure charge-framing begins by February 6.

On Wednesday, the accused had moved a review petition before the same bench, which was also rejected. Justice Ghosh questioned its admissibility, emphasizing that his earlier rejection was based on careful consideration.

The CBI charge sheet names five individuals — Sandip Ghosh, his assistant-cum-bodyguard Afsar Ali, private contractors Biplab Sinha and Suman Hazra, and junior doctor Ashish Pandey. All five are currently in judicial custody. The allegations against them involve significant financial irregularities at the medical college, and the outcome of the case is expected to have far-reaching implications.

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Crime

Badlapur Sexual Assault Case: Bombay HC Seeks Action Against Police Officers For Lapses In FIR Registration And Investigation

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Mumbai: The Bombay High Court on Wednesday asked the State government what action it proposes to take against the police officers attached with the Badlapur police for lapses in registering FIR and investigating the sexual assault case involving two minors inside the school premises there.

A bench of Justices Revati Mohite Dere and Neela Gokhale asked the State to inform on the next date of hearing, which is after three weeks, the proposed action. “File affidavit regarding action taken against the concerned police officers,” the bench said.

Advocate for one of the victims urged the court to direct authorities to initiate criminal proceedings against the policemen concerned. He pointed out that the disciplinary proceedings are complete which has found them guilty. However, the court did not pass any order to the effect.

During an earlier hearing, State Advocate General Birendra Saraf had informed the bench that departmental inquiry was initiated against the police officers and one officer has been found guilty of dereliction of duty. He had also said that the file had been sent to the police commissioner for necessary action.

The HC, last year, had directed setting up of a committee of experts to examine the safety of children in schools and other educational institutions. The committee was asked to submit a report of its recommendations.

On Wednesday, additional public prosecutor Prajakta Shinde said that due to some difficulty the committee was unable to submit the report and sought three more weeks for the same.

Two minor girls were sexually assaulted inside the school toilet by a male attendant on August 12 and 13, 2024. He was arrested but later killed in a police shootout when he was being taken by the police from jail for questioning.

The Special Investigation (SIT), probing the case, has filed the chargesheet naming the attendant. The chargesheet has also named the school’s headmaster and two members of the management for “failing to report” the sexual assault, as required under the provisions of the Protection of Children from Sexual Offences (POCSO) Act.

The HC had taken suo motu cognisance of the issue after the people in Badlapur protested on the streets and staged a rail blockade after the police and the school failed to attend against the culprit.

Akshay Shinde, 24, was arrested in August 2024 for the alleged sexual assault on the minors. He worked as an attendant at the school. On September 23, while being transported from Taloja prison to the police station for questioning, Shinde was killed in a purported scuffle. The police claimed he snatched a constable’s pistol and opened fire, injuring an officer, prompting Senior Inspector Sanjay Shinde to retaliate with fatal shots.

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