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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

CBI court sentences firm partner to three years RI in Rs 4 crore bank fraud case

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Chandigarh, June 5: A Special CBI Court in Mohali, Punjab, has convicted and sentenced Samir Dua, a partner of M/s G.D. Ispat Udyog, Mandi Gobindgarh, to three years of rigorous imprisonment (RI) along with a fine of Rs 15,000 in connection with a multi-crore bank fraud case, an official statement said on Friday.

The sentence was pronounced on June 4, following the conclusion of trial proceedings in the case investigated by the Central Bureau of Investigation (CBI).

According to the CBI, the case was registered against Dalip Dua and Samir Dua, partners of M/s G.D. Ispat Udyog, along with other accused, for allegedly entering into a criminal conspiracy to defraud Indian Overseas Bank’s Mandi Gobindgarh branch in Punjab.

The investigation revealed that the accused had fraudulently secured a cash credit limit of Rs 4 crore from the bank by submitting false and fabricated information and documents.

The loan facility was allegedly obtained through misrepresentation, causing a wrongful loss to the bank and corresponding unlawful gain to the accused, the agency said.

Following a detailed investigation, the CBI filed a charge sheet against the accused persons before the competent court. During the trial, the prosecution presented evidence establishing the fraudulent nature of the transactions and the conspiracy behind obtaining the credit facility.

After examining the evidence and hearing the arguments, the Special CBI Court found Samir Dua guilty and sentenced him to three years of rigorous imprisonment. The court also imposed a monetary penalty of Rs 15,000.

Proceedings against co-accused Dalip Dua were abated due to his death during the pendency of the case.

The conviction marks the culmination of the CBI’s investigation into the bank fraud, underscoring the agency’s efforts to prosecute financial crimes and hold those responsible for defrauding public sector banks accountable.

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Crime

NCB seizes 406 kg ganja, arrests 4 accused in UP’s Gorakhpur

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Gorakhpur, June 4: The Narcotics Control Bureau (NCB) seized 406 kg of ‘ganja’ (contraband substance) in Uttar Pradesh’s Gorakhpur and arrested four accused who were taking the contraband to Deoria from Tezpur in Assam, an official said on Thursday.

The NCB Gorakhpur Zone, in coordination with the Uttar Pradesh Special Task Force (STF), achieved the breakthrough when they arrested two persons on Wednesday, a statement said.

Acting on specific intelligence, NCB Gorakhpur intercepted a pickup van on the Salempur–Lal Bazar Main Road in Deoria and seized 202 kg of ganja concealed in the vehicle, the statement added.

During the follow-up investigation, NCB teams conducted further operations in Barhaj town of Deoria, resulting in the recovery of an additional 204.8 kg of ganja and the arrest of two more accused, it said.

With two separate recoveries, the total seizure by the NCB and Uttar Pradesh STF totalled 406.8 kg of ganja, it added.

The four accused were charged with offences under the relevant provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

The NCB said that investigation was underway to identify and apprehend other persons involved in the trafficking network and to ascertain the forward and backward linkages of the contraband.

In a separate operation in Maharashtra earlier, the NCB arrested two drug traffickers and recovered 702 kg ganja while busting a major interstate trafficking network in Gondia, an official said.

“The 702 kg ganja was concealed in 100 packets among grocery cargo items, including detergent, toothpaste and hair dye, was recovered and seized,” the official said in a statement.

The seized contraband was sourced from Odisha and destined for multiple Maharashtra-based drug syndicates operating in Nagpur, Gondia, Pune and Mumbai.

In another case, the NCB secured jail terms in a Mumbai court for five drug traffickers, including the kingpin, in a synthetic drug trafficking case.

The convicts were sentenced to imprisonment ranging from 15 years to one year, a statement added.

The Special NDPS Court in Thane sentenced the kingpin Mohammed Arif Yaqoob Bhujwala, a resident of Mumbai’s Chinchbunder, to 15 years’ imprisonment, along with a fine of Rs 2 lakh, the NCB’s Mumbai Zonal Unit said.

“Parvez Khan alias “Chinku Pathan” and Mohammed Salman Khan, both residents of Chinchbunder, along with Vikrant Jain, a resident of Bhiwandi in Thane, were awarded five years’ imprisonment each and fined Rs 50,000 each,” the NCB added.

“Haris Faizullah Khan, resident of Bandra West in Mumbai, was sentenced to one-year imprisonment, along with a fine of Rs 10,000,” it said.

The NCB investigation led to freezing of two movable and three immovable properties worth more than Rs 1.5 crore belonging to Parvez Khan alias Chinku Pathan.

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Crime

Pune Hooch Tragedy: CID Arrests Navi Mumbai Father-Son Duo For Supplying Chemicals; 333 Accused Held So Far

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Navi Mumbai: The Crime Investigation Department (CID) arrested two Navi Mumbai-based men for allegedly supplying chemicals used in the manufacture of spurious liquor linked to the Pune hooch tragedy that claimed 22 lives in Pune and Pimpri-Chinchwad.

The accused have been identified as Arun Jagdamba Chaube (59) and his son Abhishek Arun Chaube (24), both residents of Vashi in Navi Mumbai. The duo was apprehended by a CID special team following revelations during the ongoing investigation into the deadly liquor racket, as reported by Loksatta.

According to officials, cops found that the father-son duo had allegedly supplied hazardous chemicals used in the preparation of the toxic liquor consumed by the victims. After tracking their role in the supply chain, CID officers arrested them from Navi Mumbai and produced them before a magistrate’s court in Pimpri. The court remanded both accused to four days of police custody to facilitate further investigation into the source and distribution network of the chemicals.

The arrests come days after authorities detained the alleged kingpin of the racket, Yogesh Wankhede, along with several associates. Following the deaths of over 20 people, the Maharashtra government transferred the probe to the CID to uncover the full extent of the illicit liquor network.

Meanwhile, rattled by the scale of the tragedy, the Maharashtra State Excise Department has launched a statewide crackdown on illicit liquor manufacturing and distribution. State Excise Commissioner Rajesh Deshmukh said the department conducted 440 raids across Maharashtra over the past few days, leading to the arrest of 333 persons allegedly involved in the production and sale of illegal liquor.

During the operation, officials seized 1.61 lakh litres of chemicals used in manufacturing illicit liquor, 9,686 litres of spurious liquor and five vehicles. The total value of the seized material has been estimated at Rs 83.24 lakh.

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