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SC closes PIL against alarming rise in lynchings, mob violence

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New Delhi, Feb 11: The Supreme Court on Tuesday disposed of a PIL seeking directions to DGPs of states to take immediate action in lynching and mob violence cases in accordance with the directions of the apex court and added that the directions in the Tehseen Poonawalla vs. Union of India case were binding on all authorities across India.

A Bench of Justices B.R. Gavai and K.Vinod Chandran opined that sitting in the national Capital, it cannot monitor incidents in different areas of different states across the country.

“Sitting in Delhi, we cannot monitor incidents in different areas of the country and in our view such micromanagement would not be feasible,” said the Justice Gavai-led Bench.

It added that the directions laid down by the top court in the case of Tehseen Poonawalla vs. Union of India, are binding on all authorities across the country under Article 141 of the Constitution.

In its 2018 judgment in the Poonawalla case, the Supreme Court had directed designation of nodal officer in each district for taking measures to prevent incidents of mob violence and lynching.

“The Director General of Police/the Secretary, Home Department of the concerned states shall take regular review meetings (at least once a quarter) with all the Nodal Officers and State Police Intelligence heads,” it had ordered.

In its order, the Justice Gavai-led Bench stated that an aggrieved person can always seek remedy in accordance with the law, clarifying that the apex court cannot lay down any uniform criteria for the grant of compensation to the victims of mob lynching incidents since the quantum of compensation ought to be decided on a case to case basis.

Further, the apex court refused to examine the validity of cow protection laws introduced in several states, suggesting the litigants to approach the jurisdictional High Court.

“It will be appropriate that persons who are aggrieved approach jurisdictional High Courts to challenge the vires of the legislations/notifications,” the SC said.

During the course of hearing, Solicitor General (SG) Tushar Mehta, the second-highest law officer of the Centre, submitted that mob lynching is a distinct offence under the Bharatiya Nyaya Sanhita (BNS) and if there is any violation, the law will take its own course.

In an earlier hearing, the top court had pulled up the state governments of Assam, Chhattisgarh, Telangana, Maharashtra, and Bihar for not filing their counter-affidavits.

“We clarify that in the event counter affidavits are not filed by the above-mentioned states, the Chief Secretaries of the said states shall remain personally present in the court on the next date of hearing to show cause as to why an action should not be taken against them for non-compliance of the orders of the court,” it had said in an order passed on November 5, 2024.

Earlier in April last year, the apex court had granted six weeks to various state governments to file their reply detailing the action taken in cases of lynchings and mob violence.

“It was expected of the state governments to at least respond and give details as to what action has been taken in respect of the said instances (of lynchings and mob violence). We, therefore, grant six weeks’ time to all the state governments – who have not yet filed their affidavits – to file their counter-reply and give an explanation as to what action has been taken by the states in respect of incidents mentioned in the writ petition or interlocutory applications,” the SC had said.

In July 2023, the Supreme Court issued notice to the Centre and the Haryana, Madhya Pradesh, Bihar, Rajasthan, Odisha, and Maharashtra governments. Later, all state governments were added as parties in the PIL on an application moved by Islamic clerics’ organisation Jamiat Ulama-i-Hind. The plea prayed for a minimum uniform compensation to be determined by the court that should be granted to the victims or their families in addition to the amount determined by the authorities.

“In most cases, minimal action of merely registering FIRs is the only thing that is done by the authorities which seems to be more of a formality than any genuine initiation of the criminal machinery,” the plea said.

Crime

Mumbai: Bomb Threat At Billabong High School In Santacruz, Police & Bomb Disposal Squad Rush To Spot; Premises Evacuated

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Mumbai: Mumbai witnessed a major security scare on Monday morning after Billabong High School in Santacruz received an email threatening a bomb explosion on the campus. The alarming message led an immediate and large-scale response from city authorities, placing the area on high alert.

According to reports, the school administration promptly informed the Mumbai Police after receiving the threat. Within minutes, teams from the police, the fire brigade, and the bomb detection and disposal squad rushed to the spot. The school premises were swiftly evacuated, ensuring that students, teachers and staff were moved to safety without panic.

Security forces then launched a thorough search of the building and surrounding areas. After an extensive sweep, officials confirmed that no explosive device had been found so far. Despite the relief, the area continues to remain under strict security checks as a precaution.

To ensure complete safety, authorities also evacuated adjacent structures. These included the Aajivasan Studio, owned by renowned singer Suresh Wadkar, and a wedding hall located within the same complex. Both premises, which often see considerable footfall, were emptied and cordoned off while bomb squads scanned every corner for potential threats. The entire locality has since been put under a security blanket, with multiple teams conducting checks and inspecting public access points.

Meanwhile, an email threatening to bomb the school administration of Singapore International School in Mira Road was received today morning at 9:30 am. The school administration immediately informed the police.

Kashimira Police and the Bomb Detection and Disposal Squad arrived at the scene. The entire school has been evacuated and a large-scale search operation is underway.

The incidents have renewed concerns about the increasing frequency of hoax and threat emails targeting educational institutions. It comes barely weeks after a similar panic gripped Delhi on November 20, when at least three major schools, Sanskriti School and the British School in Chanakyapuri, and Modern School in Barakhamba, received bomb threat emails.

In those cases as well, police teams immediately conducted extensive inspections, eventually declaring that no suspicious objects had been found. Investigations into the origins of those emails are still underway.

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Crime

Mumbai: 51-Year-Old Businesswoman Stripped & Assaulted At Gunpoint In Mahalaxmi Office

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Mumbai: A 51-year-old woman was allegedly sexually assaulted and threatened at gunpoint at a private company’s office in Mahalaxmi on January 17, 2023. The accused, Joy John Pascal Postel, along with five other individuals, allegedly stripped, molested, and threatened her, warning that they would make her videos and photographs viral.

The woman initially filed a complaint with the Pydhonie police station, which was later transferred to the NM Joshi Marg police station. The NM Joshi Marg police registered an FIR on November 22.

According to the FIR, the victim is a businesswoman involved in the photo-frame and gifting business and resides in Mahalaxmi. On January 17, 2023, she received a phone call from Manish Honavar, who asked her to come to the office of M/s Franco Indian Pharmaceuticals Pvt. Ltd., located in Mahalaxmi. When she reached the office, a man allegedly struck her on the shoulder and back with the butt of a revolver.

The accused, Joy John Pascal Postel, then took her into his cabin, forcibly removed her burkha at gunpoint, stripped and molested her, and verbally abused her. He also threatened to record her videos and take photographs, which he said would be made viral on social media by all the accused. 

The woman subsequently filed a complaint with the Pydhonie police station. Following this, the police initiated legal action against six individuals, including Joy John Pascal Postel.

The police have registered a case against the accused under Sections 354A (sexual harassment), 354B (assault or use of criminal force on a woman with intent to disrobe), and 324 (voluntarily causing hurt by dangerous weapons or means) of the Indian Penal Code, along with relevant sections of the Arms Act and the Information Technology Act.

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Crime

CBI court sentences former oriental insurance manager to 3-year jail in bribery case

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New Delhi, Nov 29: A special CBI court in Ahmedabad on Saturday sentenced former Senior Divisional Manager of Oriental Insurance Company Limited, Rajkot, Mahendra A. Loonker, to three years of rigorous imprisonment in a 13-year-old bribery case.

The court also imposed a fine of Rs 1 lakh on the former official.

According to the CBI press note, the case was registered on July 11, 2012, following a complaint by a partner of a private firm.

Loonker, then serving as Senior Divisional Manager at the insurance company’s Rajkot office, had allegedly demanded a bribe of Rs 15,000 to clear an accident insurance claim submitted by the complainant for an injured employee.

“CBI registered the instant case on July 11, 2012 against the accused person on allegations that accused Mahendra A Loonker, the then Sr. DM, Oriental Insurance Co. Ltd., Rajkot had demanded and accepted an illegal gratification of Rs 15,000 from the complainant, Partner of a private company in order to pass the Accident Insurance Claim filed by him regarding the accident and injury of his employee,” the CBI said.

CBI officials arrested Loonker the same day the FIR was filed, after he was found to have accepted the bribe.

Subsequent searches were carried out at his residence and office premises in Rajkot. Investigators later filed a chargesheet on December 3, 2012, against the accused for demanding and accepting illegal gratification and criminal misconduct committed by the accused public servant.

After examining the evidence and hearing arguments from both sides, the court held Loonker guilty and convicted him accordingly.

Meanwhile, the CBI Court in Vijayawada on Friday sentenced a former Railway official to one year of imprisonment in a nearly two-decade-old bribery case.

The court convicted Matta Dharma Rao, who was serving as Assistant Divisional Engineer with South Central Railway in Bhimavaram, West Godavari district, for demanding and accepting illegal gratification from a contractor.

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