Crime
Kerala HC dismisses Swapna Suresh’s anticipatory bail plea
The Kerala High Court on Thursday dismissed the anticipatory bail plea filed by Swapna Suresh and P.S. Sarith on the grounds that the charges against her are bailable and hence her plea was rejected.
Sarith is not even an accused in the case which was filed on Wednesday.
She, the prime accused in the gold smuggling case on Thursday filed an anticipatory bail plea after the Kerala Police registered a case against her on Wednesday.
On Tuesday, she revealed that Chief Minister Pinarayi Vijayan, his wife and their daughter have all played a role in smuggling of gold and currency.
On Wednesday, she again repeated her allegations and said she said all this in her confession statement before a magistrate under Section 164 of the CrPC at Kochi on Monday and Tuesday.
When the Congress and the BJP took up the issue and demanded Vijayan’s resignation, former State Minister and CPI-M supported Independent MLA K.T. Jaleel filed a case against Swapna and former seven time MLA P.C. George that they are airing baseless allegations against Vijayan to tarnish the image of the government.
On Wednesday evening after the case was filed, the Kerala Police registered an FIR against the two and charged them for conspiracy to create violence and it was against this that Swapna and Sarith, also an accused in the gold smuggling case filed an anticipatory bail plea fearing arrest by the police.
In the court, the counsel for the state government pointed out that Sarith is not even an accused and also said that the plea was filed merely to get some false information available to the public domain.
In her bail petition she had pointed out that one Shaj Kiran had approached her stating that he was close to Vijayan and CPI-M state secretary Kodiyeri Balakrishnan and threatened of dire consequences if she does not withdraw her statements and in lieu of that she should issue a fresh statement absolving Vijayan and his family.
But denying of having ever said such a thing, Kiran told the media that he was a good friend of Swapna whom he came to know about 52 days back.
“We have a different relation and she is known to my wife and father also. I went and saw her yesterday and spoke to her even today. I have never met either Vijayan or Balakrishnan. All what I said to her is if she doesn’t have substantial evidence, then it might go against her. I said this just as any friend would do,” said Kiran.
Swapna then met the media from her office at Palakkad and said Kiran is and was a friend of mine.
“A few days back he was with us and when we were having dinner he said tomorrow Sarith will be picked up by the police. And on Wednesday from noon to night he was with me and said the next day a person called Nikesh Kumar who is the voice of Vijayan will come and meet me and all I should do is to hand over my mobile to him and when done, my travel ban will be lifted and I will have nothing to fear in my cases anymore,” said Swapna.
“When I was with Kiran from noon till midnight, Kiran got more than 50 calls from two additional director generals of police Vigilance – M.R. Ajithkumar and additional director general of police – Law and Order, whose name I don’t know. Tomorrow the audio clip of Kiran will probably be released by my lawyer. When you hear that everything will be very clear and if I am still alive tomorrow, we can again meet and you (media) can ask me again,” added Swapna who pointed out that she decided to file an anticipatory bail plea fearing harassment by the police.
Meanwhile, the counsel of Swapna said he told the court that the police might even arrest her.
“When I told this to the court, the court asked me to file a petition to the same. Tomorrow we will file a petition to quash the case that has been registered against Swapna as such things can never happen anywhere except in Vijayan’s domain and that’s why strange things are happening,” said R. Krishna Raj, counsel of Swapna.
Crime
CJI-led SC bench fixes Jan 29 to hear suo moto RG Kar case
New Delhi, Jan 22: The Supreme Court on Wednesday fixed January 29 for hearing the matter where it has taken suo moto cognisance of the rape and murder of a junior doctor at the state-run R.G. Kar Medical College and Hospital in Kolkata in August 2024.
“We will take it up at 2 pm next Wednesday (January 29),” said a bench of CJI Sanjiv Khanna and comprising Justices Sanjay Kumar and KV Viswanathan as it deferred the hearing due to paucity of time.
The CJI Khanna-led Bench asked senior advocate Karuna Nundy, representing the associations of medical professionals, to provide a copy of interlocutory applications filed to the other side.
Meanwhile, the West Bengal government has approached the Calcutta High Court, challenging the verdict of a Kolkata special court awarding life imprisonment to Sanjay Roy, the sole accused and the convict in the rape and murder case of the woman doctor.
As the matter came up for hearing on Wednesday morning before a division bench of Justices Debangshu Basak and Shabbar Rashidi, the CBI challenged the petition filed by the state government and questioned the grounds on which it could make such an appeal.
Deputy Solicitor General, Rajdeep Majumdar, argued that it was only the CBI, which is the investigating agency in the case, and the victim’s parents who could move such a plea at a higher court, and not the state government, which is not a party in the case.
To support his contention, Majumdar referred to a case filed by the CBI against former Bihar Chief Minister and Rashtriya Janata Dal Chief Lalu Prasad Yadav, where the state government’s plea was not considered by the Patna High Court.
Whether the West Bengal government’s petition will be admissible or not will be decided by the Calcutta High Court on January 27.
Earlier, West Bengal Chief Minister Mamata Banerjee announced that the Bengal government would move the Calcutta High Court challenging the quantum of the sentence and the state government would be seeking the death penalty for the convict.
“I am convinced that it is indeed a rarest of rare cases which demands capital punishment. We want to insist upon the death penalty in this most sinister and sensitive case,” the Chief Minister said.
While pronouncing the quantum of the sentence, special court judge Anirban Das said that the Central Bureau of Investigation’s (CBI) contention that Roy’s offence in the matter was “the rarest and rare crimes” was not tenable.
Hence, the judge observed that instead of the “death penalty”, Roy, an erstwhile civic volunteer attached to Kolkata Police, be sentenced to “life imprisonment”. Apart from that a fine of Rs 50,000 was also imposed on Roy.
The special court, at the same time, directed the West Bengal government to pay a compensation of Rs 17 lakh to the family of the deceased victim.
It observed that since the victim was raped and murdered at her workplace, which is a state-government entity, the West Bengal government is legally bound to pay compensation to the victim’s family.
In an earlier hearing held in November 2024, the Supreme Court had remarked that it would not pass any direction to transfer the trial of the ghastly rape and murder case outside West Bengal.
A bench, headed by then CJI D.Y. Chandrachud, turned down the oral prayer made by a lawyer seeking transfer of trial outside West Bengal.
“Yes, we have transferred cases (of gender violence) in Manipur. But we are not doing anything like that here,” it had remarked.
The apex court had noted that the trial would commence on November 11 at a special court in Kolkata after charges were framed against the “sole prime accused” in the case, Sanjay Roy.
The process of the framing of charges was completed on November 4, exactly 87 days after the body of the woman junior doctor was discovered at a seminar hall within the state-run R.G. Kar premises on the morning of August 9, 2024.
In October, the CBI filed its first charge sheet against Roy, a civic volunteer with Kolkata Police, in the alleged rape and murder case.
In the charge sheet, the CBI did not rule out the possibilities of a larger conspiracy behind the macabre crime that prompted alleged events of tampering and altering of evidence during the initial phase of the investigation which was carried out by Kolkata Police.
Besides Roy, two others arrested by the CBI officials in the matter are RG Kar Medical College and Hospital’s former Principal, Sandip Ghosh, and the former SHO of Tala Police Station, Abhijit Mondal. RG Kar comes under the jurisdiction of Tala Police Station.
The main charges against Ghosh and Mondal are for misleading the investigation when the Kolkata Police were probing the matter before it was handed over to CBI by the Calcutta High Court.
Both have been accused of tampering with evidence in the case. Taking suo moto cognisance of the rape and murder case of the junior doctor at the state-run R.G. Kar Medical College and Hospital in Kolkata, the Supreme Court had termed the incident “horrific,” which raises the “systemic issue of safety of doctors across the country”.
“We are deeply concerned about the fact that there is an absence of safe conditions of work for young doctors across the country, particularly, public hospitals,” it had said.
The apex court had ordered the formation of the NTF (National Task Force) to suggest measures for the security of medical professionals across the country, observing that the safety of doctors is the “highest national concern”.
Crime
Saif, family should narrate horrific knife attack: Sanjay Nirupam
Mumbai, Jan 22: Shiv Sena leader Sanjay Nirupam defended his remarks about Bollywood actor Saif Ali Khan’s “swift” recovery following a knife attack at his Bandra residence, urging the actor’s family to clarify the events surrounding the incident.
Nirupam’s remarks came after Saif was discharged from Lilavati Hospital just five days after sustaining serious injuries, including spinal and neck injuries, during a burglary attempt at his 12th-floor flat in the upscale ‘Satguru Sharan’ building.
Speaking to Media, Nirupam said, “Whatever happened to Saif Ali Khan on January 16 is deeply concerning. While we respect the family, it is surprising to see Saif looking fit enough to shoot just days after being discharged. The doctors had stated the knife penetrated 2.5 inches into his back, requiring a six-hour operation. How is such a swift recovery medically possible?”
He added that Saif’s rapid recovery raises questions about the initial severity of the injuries described by doctors and witnesses. Nirupam demanded that both the family and the medical team provide clarity on the “horrific” knife attack.
“When Saif was attacked, it became a matter of law and order in Mumbai. Opposition leaders accused the government and Home Minister of failing. In such a situation, the family should explain what transpired,” Nirupam said.
Nirupam also commented on the accused, Mohammad Shariful Islam Shehzad, a Bangladeshi national arrested by the Mumbai Police. He called for strict action against such individuals, citing the involvement of Bangladeshis in criminal activities in the city.
The Mumbai Police arrested the accused, a 30-year-old Bangladeshi national, from Thane city. The intruder allegedly stabbed Saif multiple times during a struggle, escaping the scene and hiding in the building’s garden for two hours before fleeing.
“The police will have to be given some benefit of the doubt because when such an incident takes place, a big incident occurs, then there is a lot of pressure on the police, and when it is felt from all sides that law and order has collapsed,” he said.
“I do not think it is right to doubt the capability of Mumbai police immediately, as it is sufficient to solve any type of criminal incident,” Nirupam said.
The 54-year-old actor, who underwent neurosurgery and plastic surgery, was advised complete bed rest for a week and has been asked to avoid visitors to prevent infection. Despite his injuries, Saif walked out of the hospital without a wheelchair, escorted by heavy police security.
Meanwhile, Saif has returned to his Bandra home under tight security. The actor has been advised to focus on his recovery as the investigation continues.
Crime
RG Kar Rape & Murder Case: West Bengal Govt Seeks Death Penalty, Calcutta HC To Hear Case On January 27
Kolkata: The West Bengal government has appealed to the Calcutta High Court’s Division Bench against the trial court’s life imprisonment verdict convicting Sanjay Roy in the RG Kar case. The next hearing in the case will be held on 27th January.
Advocate General Kishore Dutta has approached the division bench of Justice Debangshu Basak, seeking the death penalty for Sanjay Roy. The matter has been allowed to be filed.
The Sealdah Civil and Criminal Court announced life imprisonment for the accused Sanjay Roy in the RG Kar rape and murder case. Along with this, the court has also fined Rs 50,000 to the accused.
West Bengal CM Mamata Banerjee Expresses Dissatisfaction
Earlier, West Bengal Chief Minister Mamata Banerjee on Monday expressed dissatisfaction over the court giving life imprisonment to the convict in the RG Kar hospital rape-murder case and said if the case had been with Kolkata Police, they would have ensured a death penalty.
“I learned about the sentencing from the media. We have always demanded capital punishment and we continue to stand by it. However, this is the court’s decision and I can’t say much about this. For three other cases, Kolkata police ensured capital punishment through thorough investigations concluded within 54-60 days. This was a serious case. Had it been under our purview, we would have ensured the death penalty long back,” CM Mamata said while addressing the media at Malda.
Victim’s Father Rejects Compensation
On Monday, RG Kar’s rape and murder case victim’s father rejected the Rs 17 lakh compensation and said that he will move to a higher court seeking the death penalty for the accused.
Speaking to Media, the victim’s father said “What the Court thinks as a good judgement based on the evidence produced by the CBI, the Court has given that verdict. We have a lot of questions on the investigation done by CBI. We did not go to the court for compensation. We want justice, not compensation. Kolkata police did wrong and the CBI will have to do something. The Kolkata police have given us more pain than the passing away of my daughter.”
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