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SC dismisses father’s plea seeking to exhume son’s body killed in Hyderpora encounter

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The Supreme Court on Monday dismissed a plea of a father to hand over the body of his son, who was killed in the Hyderpora encounter in Kashmir in November last year.

A bench comprising Justices Surya Kant and J.B. Pardiwala said once buried the body should not be disturbed and the Jammu and Kashmir has submitted that the deceased was buried with all honour, and nothing to indicate that the body was not given a decent burial.

The bench said it respects the sentiments of the father, but the court cannot decide matters on sentiments and the relief granted by the Jammu and Kashmir High Court was just and equitable and dismissed the appeal filed by Mohammad Latief Magrey.

The top court directed the state government to comply with the high court direction in connection with the compensation to the family and also allow them to offer prayers at the grave.

During the hearing, the advocate representing the Jammu and Kashmir administration had submitted that it was not in dispute that the deceased was a terrorist and the CD submitted to the high court showed that all Islamic last rites were performed as per the book.

The J&K administration counsel added that eight months have passed, the body would have decomposed and now exhuming the body will only lead to law-and-order problems, and he has lost his son but he was a terrorist. Jammu and Kashmir administration was represented by standing counsel Taruna Ardhendumauli Prasad.

Magrey moved the apex court challenging the Jammu and Kashmir high court order, which did not allow exhumation of his son’s body. Four people were killed in the encounter, including Aamir Magrey, on the outskirts of Srinagar on November 15 last year. The petition was filed through advocate Nupur Kumar.

Crime

Mumbai: Court Convicts Chand Shaikh For Culpable Homicide, Sentences Him To 10 Years For Fatal Stabbing During Scuffle

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Mumbai: A sessions court has convicted Guljar alias Chand Shaikh, a resident of Antop Hill, for culpable homicide not amounting to murder after he stabbed Imtiaz alias Raju, who was trying to intervene and resolve a scuffle. The victim succumbed to multiple stab injuries.

The court held that since there was no intention to kill, charges of murder cannot be invoked. It observed, “the act of the accused does not fall under section 302 IPC, as the intention to cause death is not established beyond reasonable doubt. However, the accused had the knowledge that their act was likely to cause death.”

Shaikh has been sentenced to 10 years’ rigorous imprisonment, while his siblings Fatima, Sadam, Arif and their mother Sabira have been awarded three years’ rigorous imprisonment each for the same offence.

The case, registered with Ghatkopar police in 2015 by the deceased’s brother Abdul Khan, stemmed from an extramarital affair between Jafar Kadar Ali Sayyad and Fatima. On March 12, 2015, a quarrel erupted; Fatima’s brothers assaulted Jafar, Fatima threw chilli powder, and when Imtiaz tried to pacify the situation, Chand stabbed him. Days earlier, on March 8, 2015, Chand had threatened Jafar and Imtiaz.

Relying on eyewitness testimonies, the court convicted the family but ruled out murder charges.

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Crime

Mumbai Crime: Ex-Trustees, Secretary Booked For ₹75.5 Lakh CBSE Affiliation Fraud At Saraswati Mandir Education Trust In Mahim

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Mumbai: The Mahim police have registered an FIR against former and current office-bearers of the Saraswati Mandir Education Trust, Senapati Bapat Road, Mahim (West), along with the proprietor of two private consultancy firms, for allegedly collecting Rs 75.50 lakh to secure CBSE affiliation for Class 9 and 10 and committing fraud.

The accused have been identified as former and current secretary Sanjay Kashinath Sukhtankar, 69, former committee member Mangesh Narayan Rajadhyaksh, 67, former trustee Anil Pai Kokade, 77, former chairman Vinay Bhagwant Rege, 79, and Anupama Khetan, 43, proprietor of Paribhasha Educational Services and Shashwat Solutions.

According to the FIR, complainant Dr. Manohar Sanjeev Kamat, 71, a medical practitioner and former vice-president of the institution (2015–2020), alleged that the school management decided nearly a decade ago to begin a CBSE section and reserved one school building for this purpose. Classes were conducted up to Class 8 with state government permission, but CBSE affiliation is mandatory for Classes 9 and 10.

In 2018, when the first batch reached Class 8, an application for CBSE affiliation was submitted. However, some committee members later claimed that the school did not meet CBSE’s infrastructure norms, making approval unlikely.

Two management committee members Mangesh Narayan Rajadhyaksh and Mohan Nerulkar, along with trustee Anil Pai Kakode allegedly informed the board that Anupama Khetan, proprietor of Paribhasha Educational Services and Shashwat Solutions, could “facilitate” the approval as she was an “agent” experienced in securing CBSE affiliation. They also suggested that bribes might need to be paid to senior CBSE officials.

Then-secretary Sanjay Sukhtankar allegedly supported this proposal. On their recommendation, the management allegedly issued a cheque for Rs 30 lakh to Khetan, formalised through an MoU for account and audit purposes. Six months later, Khetan allegedly began paperwork for the affiliation process and arranged visits by CBSE inspection officials.

Later, she allegedly demanded an additional Rs 30 lakh via cheque and Rs 15 lakh in cash for “service charges”. Committee members informed Dr. Kamat that these payments were approved, and minutes of the management meeting on 17 August 2020 recorded the decision to pay her Rs 15 lakh in cash. However, no such entry appeared in the audit report, indicating the cash payment was made off the books.

Despite these payments, in March 2022, CBSE formally rejected the school’s affiliation request. A newly appointed committee in December 2021 also reviewed the matter and reapplied, but without success.

In February 2022, Khetan was called for discussions, during which it emerged that she had allegedly taken a total of Rs 75 lakh from the institution, but no substantive work had been carried out. Dr. Kamat submitted a written complaint to the new management demanding an inquiry into corruption and misuse of funds. When no action was taken, he approached the Mahim Police and the Charity Commissioner.

Following an inspection initiated by the Charity Commissioner, the inquiry officer noted that audit reports showed Rs 21.60 lakh (2019–20) and Rs 53.92 lakh (2020–21) recorded as “professional fees”. Since inquiry officers are not audit experts, the complainant was advised to seek a special audit through appropriate legal channels.

Based on Dr. Kamat’s complaint and subsequent findings, the Mahim police have registered a case under IPC Sections 406 (criminal breach of trust), 420 (cheating), and 34 (common intention) against the accused office-bearers and Anupama Khetan. The matter remains under investigation.

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Crime

J&K Police’s SIA raids Kashmir Times office in Jammu for ‘anti-national activities’

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Jammu, Nov 20: The State Investigation Agency (SIA) of J&K Police on Thursday carried out a raid at the office of the ‘Kashmir Times’ in Jammu, alleging that the newspaper has been involved in anti-national activities and spreading disaffection against the country.

Official sources said the SIA has filed a First Information Report (FIR) naming Anuradha Bhasin, Editor of Kashmir Times, in connection with these charges.

“The investigation aims to examine her alleged links and activities that threaten the sovereignty of India. The operation underscores the ongoing crackdown on terror networks in Kashmir, with SIA asserting that there must be no misuse to propagate seditious or separatist ideologies,” sources added.

The Counter-Intelligence wing and the SIA of J&K Police have been carrying out raids at multiple locations in the union territory since November 10, when a local doctor, Umar Nabi, exploded a car next to the Red Fort in Delhi, killing 13 innocent civilians and injuring many others. The terrorist, Dr Umar Nabi, who died in the explosion, had evaded arrest after J&K Police, in coordination with Haryana Police, busted a white collar terror module in the Faridabad area.

Police have arrested two terror associates of Dr Umar Nabi, namely Dr Adil Rather of Kulgam district and Dr Muzammil Ganaie of Pulwama district, following which Dr Umar Nabi had gone underground.

While one AK-47 rifle was recovered from the locker of Dr Adil Rather in the Government Medical College, Anantnag, 360 kg of explosive material was recovered from Dr Muzammil Rather.

The Counter-Intelligence wing also raided the high-profile Kot Bhalwal district jail in Jammu on Wednesday, where hardcore Pakistani and local terrorists are lodged.

Another local doctor, Umar Farooq and his wife, Shahzada Akhtar, were arrested two days back in Srinagar for using their position in the society, allegedly for anti-national activities.

Shahzada Akhtar was arrested for trying to revive the women’s terrorist outfit, Dukhtaran-e-Millat. It is alleged that Shahzada was working to recruit a fresh cadre for the outfit that had become defunct after the arrest of its chief, Asiya Andrabi, in 2018.

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