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NCB should be made accountable: Congress after HC judgment in Aryan Khan case

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A day after Bombay High Court ruled that there was “no prima facie evidence” against Aryan Khan and co-accused Munmun Dhamecha and Arbaaz Merchant for charges pertaining to “conspiracy” and “common intent” in the case lodged after the cruise ship raids, Congress leaders said that there should be provision for penalising agencies and officers.

Senior Congress spokesperson and noted lawyer Abhishek Manu Singhvi said, “The Bombay High Court’s observations clear and judicious. Aryan Khan was needlessly kept in jail for 25 days at the whims and fancies of the NCB in gross abuse of law. The law should now take its course against the delinquent officers.”

Congress spokesperson Jaiveer Shergill said, “High Court observations of no evidence or conspiracy in Aryan Khan case yet again highlight the need to fix accountability in form of penal consequences on agencies and the prosecution for wrongful arrests, unwarranted detention and wrongful indictment.”

He said the agencies cannot use law book as a flexi tool.

Delivering the detailed 14-page order, Justice Nitin Sambre of Bombay High Court said that considering the material brought on record by the NCB, the court has not found that prima facie, there was no positive evidence against the accused trio.

It may be recalled that Khan, Dhamecha and Merchant were granted conditional bail by the High Court on October 28 vide a speaking order and the detailed order was made available only now.

Justice Sambre further said that the NCB claim on the common intention to commit an offence under the NDPS Act, (accused) found to be in possession of commercial quantity of drugs and hatching conspiracy is “liable to be rejected”.

The court said that merely because the accused trio was travelling on the cruise cannot be grounds to invoke the offence under Section 29 (criminal conspiracy) against them.

“This court is required to be sensitive to the fact that there has to be presence of basic material in the form of evidence so as to substantiate the case of conspiracy against the applicants (accused),” Justice Sambre noted.

He further said that no drugs were found on Khan, while the quantity recovered from Dhamecha and Merchant were ‘small’ under the NDPS Act.

Under such circumstances, in order to invoke the offence of conspiracy against the accused, there has to be positive evidence about an agreement to do an unlawful act, or to do lawful act by unlawful means, and such agreement must precede with meeting of minds, but there is no such material in this case, said the court.

Crime

Man arrested for raping, murdering 80-year-old woman in Karnataka

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Kolar, June 4: A man has been arrested on charges of raping and murdering an 80-year-old woman in Srinivasapura town of Karnataka’s Kolar district.

The police have apprehended the accused, who has since been remanded to judicial custody.

The accused has been identified as 37-year-old Baba Jaan, a resident of Gaffar Khan Mohalla in Srinivasapura.

According to the police, the victim’s body was discovered on Monday evening at a garage near an open field on Mulbagal Road in Srinivasapura town.

Preliminary investigations revealed that the victim had been raped and murdered.

The victim had left home two days ago, informing her family that she would visit the church at Srinivasapura.

The woman stayed in Srinivasapura for two days, and on Monday evening, when the woman was waiting for a bus to return home, the accused targeted her.

The accused spoke to her to ensure she was alone.

He then allegedly lifted and carried her to an isolated place, where he brutally raped her before strangling her to death.

The accused also robbed Rs 15,000 from her bag.

During their investigation, the police obtained CCTV footage from a nearby shop, which captured the accused lifting the victim and hurriedly carrying her away.

While the police were gathering information, the accused returned to the crime scene to observe the unfolding events. Alert police personnel identified and apprehended him.

The accused later confessed to committing the crime to rob the victim’s money and jewellery.

The victim’s family has urged the police to “kill” the accused due to the heinous nature of the crime.

More details regarding the incident are yet to emerge.

On August 21, 2024, the Chintamani police had arrested a 28-year-old labourer for sexually assaulting a 65-year-old woman on the hospital premises in the wee hours.

Based on a complaint by the staffers at the Chintamani government hospital, the police launched a hunt and nabbed the accused.

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Crime

After Jyoti Malhotra’s arrest, another YouTuber held in Punjab for espionage

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Chandigarh, June 4: After YouTuber Jyoti Malhotra, who was arrested for allegedly spying for Pakistan, Punjab Police on Wednesday claimed to have unearthed a critical espionage network linked to another YouTuber, Jasbir Singh, a resident of Rupnagar.

Jasbir Singh, who operates a YouTube channel called ‘JaanMahal’, has been found associated with Pakistani intelligence operative Shakir, alias Jutt Randhawa, part of a terror-backed espionage network.

He also maintained close contact with Haryana-based Jyoti Malhotra and Ehsan-ur-Rahim, alias Danish, a Pakistani national and expelled Pakistan High Commission official, Director General of Police (DGP) Gaurav Yadav informed on X.

Investigations have revealed that Jasbir attended the Pakistan National Day event in Delhi on Danish’s invitation, where he met Pakistani army officials and bloggers.

He travelled to Pakistan on three occasions (2020, 2021, 2024), and his electronic devices contained multiple Pakistan-based numbers, now under detailed forensic scrutiny, said the DGP.

After Jyoti Malhotra’s arrest, Jasbir attempted to erase all traces of his communications with these Pakistani intelligence operatives to avoid detection.

A first information report (FIR) has been registered in Mohali, near here. The DGP added that investigations are underway to dismantle the broader espionage-terror network and identify all collaborators.

A day earlier, Counter-Intelligence Punjab, in a joint operation with Tarn Taran police, had arrested a man linked to Pakistan’s Inter-Services Intelligence (ISI) for sharing sensitive information concerning army movements during Operation Sindoor.

The accused was identified as Gagandeep Singh, alias Gagan, a resident of Tarn Taran town.

DGP Yadav had said preliminary investigation has revealed that Gagandeep Singh was in direct contact with Pakistan-based Khalistani supporter Gopal Singh Chawla for past five years, through whom he was introduced to Pakistani intelligence operatives.

Investigations also revealed that the accused had been sharing classified information, including troop deployments, strategic locations, and army movements during Operation Sindoor, posing a serious threat to national security.

The DGP had said police teams have recovered two mobile devices from the possession of the accused, containing sensitive intelligence that he shared with the Pakistani intelligence operatives, as well as the details of over 20 ISI contacts.

The accused also received payments from operatives via Indian channels.

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Crime

WBSSC’s notification for fresh teachers’ recruitment challenged at Calcutta HC

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Kolkata, June 3: The notification issued by the West Bengal School Service Commission (WBSSC) to fill vacant posts of teachers in state-run schools has been challenged at the Calcutta High Court on Tuesday.

The single-judge vacation bench of Justice Raja Basu Chowdhury admitted the petition. The matter is likely to come up for a hearing at his bench on June 5.

The petitioner claimed that certain points in the notification, especially those as regards to changed weightage criteria in the distribution of total marks in the recruitment process, violated the Supreme Court’s directives on fresh recruitments.

The main ground on which the notification was challenged was that the weightage criteria in the distribution of total marks had changed from those in 2016.

As per the new notification issued last week, the written examination in the fresh recruitment process will carry 60 marks, as against 55 for the 2016 panel.

Secondly, the weightage criterion for educational qualification in the fresh recruitment process is just 10 as against 35 for the 2016 panel.

Most importantly, two new weightage criteria, each carrying 10 marks, “past teaching experience” and “lecture demonstration”, have been introduced.

Soon after the notification was issued, several legal minds apprehended that the notification may face legal hurdles because of the changes in weightage criteria in total marks distribution.

Legal minds felt that while two new weightage criteria were introduced to give an advantage to the teachers from the 2016 panel who lost their jobs. They opined that the changed criteria would be disadvantageous for fresher candidates.

Bringing about changes in the weightage criteria was grossly illegal since the same weightage criteria, which applied to the 2016 panel, should also be there in the fresh recruitment process, they said.

Now their apprehensions have come true after a petition challenging the notification was filed at the Calcutta High Court, exactly on the points highlighted.

On April 3 this year, the Supreme Court’s division bench of erstwhile Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar upheld a previous order by the Calcutta High Court’s division bench of Justice Debangshu Basak and Justice Shabbar Rashidi cancelling 25,753 school jobs in West Bengal.

The Apex Court also accepted the observation of the Calcutta High Court that the entire panel of 25,753 candidates had to be cancelled because of the failure of the state government and the commission to segregate the “untainted” candidates from the “tainted” ones.

The state government and West Bengal School Service Commission (WBSSC) had already filed review petitions at the Apex Court on this issue.

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