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‘Monitoring judge recommended cancellation of bail to Ashish Mishra’, SC seeks UP govt’s response

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The Supreme Court on Wednesday told the Uttar Pradesh government that the judge monitoring the Lakhimpur violence case probe had recommended cancellation of bail granted to Ashish Mishra and sought its response in the matter.

A bench headed by Chief Justice N.V. Ramana and comprising Justices Surya Kant and Hima Kohli queried the Uttar Pradesh government counsel, “It appears from the report of the monitoring judge that he recommended cancellation of bail. What’s your stand?”

The bench pointed out that the SIT had two written letters to the additional chief secretary, home, Uttar Pradesh. Senior advocate Mahesh Jethmalani, representing the Uttar Pradesh government, submitted he had no idea about the letters and sought some time to take instructions in the matter. The Chief Justice said the monitoring judge has recommended that bail granted to Mishra must be challenged. Jethmalani sought five minutes to come up with a response in the matter.

Senior advocate Dushyant Dave, representing the victims’ families, submitted that the top court should either stay the high court order or cancel the bail granted to Mishra. Dave said, “the high court order suffers from complete non-application of mind”.

Jethmalani said he has spoken with the additional home secretary and he has not received the letters from the judge monitoring the probe. The bench said the copy of the judge’s letters should be supplied to the state government. Jethmalani requested the bench to keep the next hearing on the matter on Monday. The bench replied it’s been for more than a month and the matter couldn’t be taken up.

The next date of hearing is April 4.

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.

Ashish 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.

The Uttar Pradesh government has told the Supreme Court that a decision on filing an appeal challenging the bail granted to Ashish Mishra in the Lakhimpur Kheri violence case “is pending consideration before the relevant authorities”.

Refuting the allegations that it did not oppose bail granted to Mishra by the Allahabad High Court in February this year, the Uttar Pradesh government, in a counter affidavit, said that Mishra’s bail application was vehemently opposed by it and any averments to the contrary in the special leave petition (SLP), filed by the family members of victims, are completely false and merit to be rejected. “Furthermore, the Impugned Order being of 10.02.2022, the limitation period against the same is still running, and the decision to file SLP against the same, is pending consideration before the relevant authorities”, said the affidavit.

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.

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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