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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

Property dealer shot dead outside gym in Delhi Narela

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New Delhi, Sep 3: A property dealer was shot dead by three unidentified assailants outside a gym in north Delhi Narela on Thursday morning, officials said.

Police have said that they suspect the killing may be linked to an extortion attempt.

According to officials, the deceased has been identified as Pramod Dahiya, a resident of Haryana’s Sonipat district.

The incident took place at around 7 a.m. when the attackers allegedly arrived on a scooter, opened fire at Dahiya and fled the spot after the shooting, officials said.

They added that the murder seems to be connected to an extortion-related attempt.

Police teams have begun investigating the circumstances surrounding the incident and are examining CCTV camera footage from the area to identify the assailants and establish the exact sequence of events.

The body of the deceased has been sent for post-mortem examination. Police are currently investigating the case, while further details are awaited.

The Narela killing comes against the backdrop of a similar high-profile murder involving Haryanvi singer and YouTuber Ankit Baliyan, who was shot dead outside a gym in Shamli, Uttar Pradesh, on August 26.

Baliyan was attacked outside the gym by armed assailants, and investigators suspect that his murder was connected to a gang rivalry allegedly triggered by one of his songs. The case subsequently led to a major investigation by the Uttar Pradesh Police and Special Task Force.

According to the investigation, the Gogi gang is suspected to have orchestrated the killing of Baliyan.

On August 31, the Uttar Pradesh STF, along with the local police, shot dead two accused, identified as Sumit and Mohit, during an encounter. Both the suspected shooters were residents of Sonipat in Haryana and had previous criminal records.

Following the encounter, the Shamli Police announced a reward of Rs 1 lakh each for information leading to the arrest of the two remaining suspected shooters, identified as Satyam Kadyan and Aryan Sandhu.

The two accused are currently absconding, and efforts are underway to trace them.

The investigation into the Baliyan murder has also brought the name of Rakesh alias Pappu to the fore. He is suspected of being the mastermind behind the conspiracy and is currently lodged in Karnal Jail in Haryana.

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Crime

YouTuber Santosh Pandit arrested over obscene posts on Maha Minister Chandrakant Patil

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Pune, Sep 3: Social media influencer Santosh Pandit was arrested from his residence in Pune during the early hours of Thursday in connection with a case of posting obscene and sexually suggestive content targeting Maharashtra Minister Chandrakant Patil and Pune Municipal Corporation corporator Mitali Kuldeep Salvekar.

Pune Deputy Commissioner of Police (Zone 3), Sagar Kawade, told media that a case has been registered by Kothrud police against Pandit and he has been arrested in connection with the case.

The case was registered at around 1.28 a.m. on Thursday on a complaint filed by Sarika Ram Kamble, 36, a resident of Kothrud.

According to the complaint, Pandit allegedly uploaded objectionable posts and videos on his YouTube account, ‘@SantoshPandit6278’, targeting Chandrakant Patil and Mitali Salvekar.

One of the videos allegedly contained a remark that if Chandrakant Patil and Salvekar did not answer certain questions within two days, he would “parade” them. The complainant said the video had been viewed by around 4.53 lakh people.

In another video, Pandit allegedly used an obscene and sexually suggestive remark while referring to Maharashtra Chief Minister Devendra Fadnavis. According to the complaint, the post and video had received more than 12 lakh views.

The complainant further alleged that Pandit had circulated several posts and videos targeting Chandrakant Patil, using obscene language and gestures and making defamatory allegations against the minister.

The complaint also alleged that such content was circulated with the intention of attracting publicity, causing insult and creating misunderstanding and tension among people.

Kothrud police have registered the case under Sections 75(1)(iv), 75(3), 356(2) and 352 of the Bharatiya Nyaya Sanhita, 2023, and Section 67 of the Information Technology Act, 2000.

This is the second case registered against Pandit over alleged objectionable remarks concerning Chandrakant Dada Patil. An earlier case was registered at Deccan police station in connection with alleged offensive remarks against the minister.

Police have taken Pandit into custody, and further investigation is underway.

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Crime

SSB nabs man with 952 grams brown sugar near India-Nepal border

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Kolkata, Sep 2: The Sashastra Seema Bal (SSB) conducted a raid at a house near the India-Nepal border in the early hours of Wednesday and seized 952 grams of suspected brown sugar. The value of the narcotics could be more than Rs 40 lakh in the illicit market, officials said.

One person has been taken into custody in this connection.

“Around 5 a.m. on September 2, acting on specific information received from the intelligence setup of 41 Bn SSB, a joint operation was conducted by personnel of G Company, Bhatgaon, A Company, Nimuguri, and a team from Galgalia Police Station at the residence of Md Jalal (60), at Thika Toli, Galgalia, Kishanganj, Bihar. During the operation, 952 gms of suspected brown sugar was recovered in five packets from the house, with the help of a sniffer dog. A mobile detection kit verified it to be narcotics. A keypad mobile phone was also recovered from the accused,” a senior SSB official said.

During interrogation, Jalal allegedly disclosed that his son-in-law, named Md Shamshad Alam, is involved in the dealing of narcotics and the packets belonged to him. The police verified the facts and confirmed that Alam is a history sheeter and has been involved in several narcotics smuggling cases.

The seized packets, along with the accused and the phone, have been handed over to the Galgalia Police Station.

On August 30, a joint team of the SSB and police had apprehended a woman from Galgalia with 50 grams of brown sugar. She had revealed that her husband and son are involved in the drug trade.

Drug trafficking is rampant in the area close to the India-Nepal border. Criminals take advantage of the boundary between Bihar and West Bengal and the international border to carry out their nefarious activities, authorities said.

“Once they cross over into West Bengal, the Bihar Police have no jurisdiction and vice versa. The police have no jurisdiction close to the border, while the SSB can’t operate too far inside. The criminals are aware of this and take advantage,” another official said.

The unique nature of the border between India and Nepal also poses a problem for the enforcers. Citizens of both countries require no passports or visas to move across, and not everybody can be searched without a valid reason.

Cross-border trafficking of drugs also takes place. In the past, Indians have been apprehended in Nepal with drugs, while citizens of that country have been found in possession in India. The heavy tourist footfall in Nepal and the demand for banned substances is also an issue.

Officials suspect that several gangs operate in the area. Over time, better co-ordination has evolved between the various agencies, and there is regular information sharing. Intelligence networks have also been activated for information about criminals.

“Apart from maintaining vigil along the border, we co-ordinate with central and state agencies to prevent crime in the area. Locals are also regularly told to seek out help to keep the area crime-free for their own sake,” the SSB official added.

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