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Married daughters cannot be excluded from compassionate appointments: SC

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New Delhi, July 31: The Supreme Court has ruled that a married daughter cannot be denied consideration for compassionate appointment merely because a state government policy allows such appointments only to divorced or deserted daughters, holding that such a classification is unconstitutional and violative of Article 14 of the Constitution.

A Bench of Justices M.M. Sundresh and Prasanna B. Varale allowed an appeal filed by Sayara Khatoon and her daughter against a Patna High Court order, which had upheld the rejection of the daughter’s claim for compassionate appointment following the death of her father.

The appellants had questioned the Bihar government’s December 10, 2014 policy, under which only a divorced or deserted daughter is eligible for compassionate appointment.

The state government had also rejected the claim on the ground that the deceased employee’s brother had objected to the appointment.

However, the Supreme Court recorded that the brother had earlier furnished a no-objection certificate, observing that “the said ground for rejection no longer survives”.

On the policy restricting compassionate appointment to divorced or deserted daughters, the Justice Sundresh-led Bench held that any distinction between sons and daughters in such matters is constitutionally impermissible.

“This Court has repeatedly held that any classification differentiating a daughter from a son is, per se, unconstitutional,” the apex court said.

It added that “classification restricting eligibility only to a divorced or deserted daughter cannot be sustained in the eye of law”.

Rejecting the presumption underlying the Bihar government’s policy, the Supreme Court observed: “There cannot be a presumption in law that, after marriage, a daughter severs her ties with her parental family and resides with her husband in her matrimonial home.”

The order noted that the appellant had specifically stated that although her divorce had not been formally recognised in law, she had been living with her parental family and enjoyed the support of her mother and brother.

“In any event, adopting a hyper-technical approach cannot be a ground to deny consideration of her claim for compassionate appointment,” the bench said.

Setting aside the Patna High Court’s order as well as the rejection of the compassionate appointment claim, the apex court directed the Bihar authorities to reconsider the appellant’s case on merits.

“The respondent (Bihar government) is directed to consider the case of the appellant for compassionate appointment on merits within a period of eight weeks from the date of receipt of a copy of this order,” it ordered.

Crime

Rs 734 crore GST scam: Jharkhand businessman, son arrested by ED sent to judicial custody

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Ranchi, Oct 2: A Special PMLA Court sent a Jamshedpur businessman and his son to judicial custody after they were arrested by the ED in a case related to a GST fraud involving approximately Rs 734 crore, said an official on Friday.

The Enforcement Directorate (ED) arrested Gyanchand Jaiswal, alias Bablu Jaiswal, and his son, Raj Jaiswal, in connection with the GST fraud on September 30, an official said.

The ED interrogated the two arrested accused to gather information about the alleged fraudulent GST transactions and the associated money flow before producing them before the Special Court for custody proceedings on Thursday, an official said in a statement.

They were arrested after the ED raided several locations in Jamshedpur, Adityapur, Gamharia, and Kolkata. After conducting medical examinations, the ED team brought them to Ranchi.

The ED said that this case involves the alleged use of fake invoices to obtain input tax credit (ITC) without any actual purchase or sale of goods.

The agency is also investigating transactions made through shell companies and the associated money flow. During Wednesday’s operation, the ED searched premises linked to Gyanchand Jaiswal, as well as the premises of his auditor, Sanjay Parekh, and other individuals, officials said.

They further mentioned that the investigating team examined business documents, GST-related records, banking and financial transaction documents, and electronic devices.

This ED action was taken under the Prevention of Money Laundering Act (PMLA), officials said.

The investigating agency suspects that large-scale misuse of ITC was allegedly carried out through shell companies and paper transactions. The initial investigation into the case was conducted by the Directorate General of GST Intelligence (DGGI), Jamshedpur.

The investigation revealed the misuse of ITC through shell companies and fake invoices.

According to a 2024 order of the Jharkhand High Court, Gyanchand Jaiswal was arrested in June 2024 in a case registered under the GST Act and was subsequently remanded to judicial custody.

The ED investigation has reportedly uncovered several companies and fraudulent transactions linked to this network.

The agency also took action against several other businessmen from Jamshedpur and Kolkata in connection with this case in 2025.

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Crime

Delhi Crime Branch arrests active member of Takkar gang in attempt-to-murder case

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New Delhi, Oct 2: The Delhi Police Crime Branch on Friday arrested an active member of the Takkar Gang, who had also been declared a proclaimed offender, in connection with an attempt to murder case, officials said.

The accused, identified as 30-year-old Gulam Khawaza alias Aaley, a resident of Delhi’s Dabri, was arrested by a team of the NDR/Crime Branch. He was wanted in connection with FIR No. 594/2023 registered under Sections 307 and 34 of the IPC and Sections 25 and 27 of the Arms Act at Sagarpur Police Station.

According to police, in November 2023, Irfan was operating a Satta business in the Raghu Nagar area. Kunal, who was involved in betting with Irfan, suffered losses and was asked to clear the outstanding amount. He subsequently contacted Vicky alias Takkar, who was in jail at the time, and sought his assistance.

Police said Vicky alias Takkar then contacted his associate Gulam Khawaza alias Aaley and directed him to go to Irfan’s betting premises. Khawaza allegedly arranged a pistol and handed it over to Aman, instructing him to fire at Irfan.

On December 3, 2023, at around 8 p.m., Gulam, along with Kunal, Hemu and Aman, reached Irfan’s betting premises. Aman allegedly fired two rounds at Irfan, one of which hit his leg, while the other missed. The accused persons then fled the spot. During the investigation, all four accused were arrested by the local police and the pistol was recovered from Aman.

Police said Khawaza was granted interim bail for 14 days on medical grounds on March 25. However, he failed to surrender after the bail period expired and absconded. He subsequently left Delhi and evaded arrest by frequently changing his hideouts and concealing his identity and movements. He was declared a proclaimed offender by the court on August 5.

The Crime Branch constituted a dedicated team comprising SI Dipender Singh and Head Constables Rajbir, Ram Niwas, Parmanand, Kuldeep, and Anchal Kumar under the supervision of Inspectors Yogesh Kumar and Vinod Yadav and overall supervision of ACP Umesh Barthwal.

Based on technical surveillance and local intelligence, the team received information that Khawaza would arrive in Delhi and proceed to Anand Vihar Railway Station before going to the residence of gang leader Takkar in Sitapuri. Acting on the information, the team laid a trap at Anand Vihar Railway Station and apprehended him.

During interrogation, Khawaza disclosed his association with the Takkar Gang and its activities in Dwarka, Dabri, Uttam Nagar and adjoining areas of Haryana. He was formally arrested under Section 35(1)(D) of the BNSS and is being produced before the concerned court.

Police said Khawaza, a Delhi University graduate, has previously been involved in 11 criminal cases, including cases under the Arms Act and an attempt to murder. According to the Crime Branch, he joined the Takkar Gang after the alleged killing of his close friend Gaurav alias Kaku in 2019 and subsequently became involved in criminal activities.

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National News

Gujarat: Man held in two cyber fraud cases; bank account linked to Rs 7 cr cheating

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Surat, Oct 2: The Surat Cyber Crime Cell has arrested a 28-year-old man allegedly involved in providing a bank account used in two online investment fraud cases, with police finding transactions worth Rs 2.72 crore through the account and 37 complaints linked to it across different states.

The accused, identified as Ashwin Gohil, a resident of Vav in Bhavnagar district, was arrested after a technical investigation into two cases registered by the Surat Cyber Crime Police Station, the police said on Friday.

According to police, the fraudsters allegedly approached the complainants’ son through WhatsApp groups and lured him with returns of up to 390 per cent on investments in the share market and a programme named “Brp Fund 100 Day Wealth Leap Program”.

In the first case, the accused allegedly used a WhatsApp group named “Brp Fund104 – Grow Together” and directed the victim to a fake website, brp5.com.

Police said the website displayed fabricated profits, and the victim was induced to transfer Rs 5.99 lakh to various bank accounts.

In the second case, a WhatsApp group named “BRP Fund-Grow Together-008” was allegedly used to gain the victim’s trust before directing him to another fake website, app.toloyyi.com. Police said Rs 19.60 lakh was transferred to different bank accounts in this case.

Separate cases were registered under provisions of the Bharatiya Nyaya Sanhita, 2023, including Sections 318(4), 336(2), 338, 336(3), 340(2), 61(2) and 3(5), as well as Section 66(D) of the Information Technology Amendment Act, 2008.

Police said Gohil allegedly received an ICICI Bank current account from previously arrested accused Satyajit Manjariya in return for commission.

Gohil subsequently passed the account to Pankajkumar Ramani for Rs 3,000, while Ramani allegedly handed it to another accused, Vivek Beldiya, for Rs 5,000.

Beldiya allegedly provided the account to the absconding accused for Rs 26,000 for use in cyber fraud.

According to the police, transactions totalling Rs 2,72,97,899.50 were carried out through the ICICI Bank current account.

“A check of the account on the National Cybercrime Reporting Portal (NCRP) also revealed 37 complaints from different states, involving alleged fraud of Rs 7,01,47,845,” police said.

The three previously arrested accused were identified as Satyajit Manjariya, 28, of Ahmedabad and originally from Amreli; Pankajkumar Ramani, 39, of Surat and originally from Rajkot district; and Vivek Beldiya, 30, of Surat and originally from Bhavnagar district.

The Cyber Crime Cell appealed to people not to hand over their bank accounts to others for commissions, warning that such accounts could be used for cyber fraud and that account holders could face legal action for transactions conducted through them.

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