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SC to UP govt: Refund recoveries made from anti-CAA protesters

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The Supreme Court on Friday directed that properties of anti-CAA protesters, which were attached by Uttar Pradesh government should be restored to them, and also if they had paid money to the authorities concerned for the alleged damages should be also refunded.

At the outset, the Additional Advocate General Garima Prashad, representing the Uttar Pradesh government, informed the top court that the state government has withdrawn notices sent to the anti-CAA protesters to recover damages to the properties.

A bench comprising Justices D.Y. Chandrachud and Surya Kant said if recoveries have been made following the notices, then those have to be paid back, as the government has withdrawn the notices. Prashad said the state government has come to the court with clean hands and urged the top court to maintain status quo in connection with properties attached in the matter.

Advocate Nilofar Khan, representing the petitioner, said there were many people, including vegetable sellers, rickshaw pullers, etc., from whom recoveries have been made following these notices and the state government should issue refunds, after withdrawal of these notices.

Justice Chandrachud said there shall be a refund of the damages recovered in the meantime, however it will be subject to the claim’s tribunal, under new law. Prashad requested the bench to maintain status quo and added that certain properties have been taken into custody by the state government already.

The bench replied it is against the law and the court cannot go against the law. Prashad submitted that the model code of conduct has been placed in the state. The bench told Prashad this does not stop them from following the law and “when you have to implement a judgment of the Supreme Court how does the model code of conduct stop you”.

The bench said if an attachment has been done against the law and if such orders have been recalled, how can attachment go on? Justice Chandrachud said: “Once orders are recalled, then how can attachment continue…”

Prashad said this order of the top court will have an impact on the deterrence and cited there has been no incident in the state in the past two years. However, the top court was not convinced with Prashad’s arguments. She further submitted that the court is looking at small vendors, etc., but that is not the case and the entire law will be frustrated if refund is ordered.

“No, law cannot be frustrated…as you bought a new law. All deference against the evasion of law has to be within four corners of law and it cannot lie outside the four corners of the law,” said Justice Chandrachud.

The Uttar Pradesh government has issued two government orders (GOs) on February 14 and 15, withdrawing all show cause notices, which were issued in 274 cases in the destruction of public and private properties during the anti-CAA protest.

The new law — Uttar Pradesh Recovery of Damages to Public and Private Property Act, 2020 — empowers the state government to set up tribunals to decide claims for damage to property.

On February 11, the top court had told the Uttar Pradesh government to withdraw these notices, otherwise it would quash them. Citing the top court’s verdicts in 2009 and 2018, the bench said judicial officers should have been appointed in claim tribunals, but the state government appointed Additional District Magistrates.

Crime

Why Bengal govt is taking time to implement SC’s order on cancellation of school jobs: Calcutta HC

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Kolkata, April 21: The Calcutta High Court, on Monday, observed why the West Bengal government and West Bengal School Service Commission (WBSSC) are taking time to implement the order by the Supreme Court (SC), cancelling 25,753 teaching and non-teaching jobs in state-run schools.

Acting on a contempt-of-court petition filed against the state government and WBSSC for not implementing the apex court order, Calcutta High Court’s division bench of Justice Debangsu Basak and Justice Shabbar Rashidi also directed the state government and the commission to explain to the court within a day.

The next hearing on the matter will be on April 23, and the state government and the commission will have to submit their explanations on the same day.

Last year, the same division bench of Justice Basak and Justice Rashidi cancelled 25,753 teaching and non-teaching jobs, which is the entire panel of WBSSC for 2016. The state government approached the SC challenging the order.

Earlier this month, the SC division bench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar upheld the order of the Calcutta High Court and also accepted the observation that the entire panel had to be cancelled because of the failure on the part of the state government and the commission to segregate the “genuine” candidates from the “tainted” ones.

Thereafter, the contempt of court petition was filed at the same division bench of the Calcutta High Court, accusing the state government and the commission of not even initiating the termination of jobs of those who have already been identified as “tainted” by the commission itself.

During the hearing in the matter on Monday, the division bench observed that there will be problems if even the “tainted” candidates continue receiving their salaries.

On Monday, the division bench also raised the question of why the Central Bureau of Investigation (CBI) officials are not interrogating those candidates who have already been identified as “tainted.”

The division bench also observed that the CBI should find out how those who were paid money by the “tainted” candidates against jobs.

On Wednesday, the CBI counsel will also have to give an explanation to the court in the matter.

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Crime

Karni Sena national vice president shot dead in Jamshedpur, supporters block highway in protest

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Jamshedpur, April 21: Vinay Kumar Singh, the national vice president of Karni Sena and Jharkhand state president, was shot dead in Jamshedpur late Sunday night, triggering widespread outrage among his supporters, police officials said on Monday.

Singh, 46, was a resident of Aastha Space Township in Mango, Jamshedpur.

According to his family, he had left home on Sunday afternoon for work related to land dealings but did not return by evening. A search was launched, and around 11 p.m., his body was found in a bush off a dirt road, approximately 500 meters from NH-33 (Tata-Ranchi Road).

He had bullet wounds to the head and multiple injuries on his body, police said.

Police reached the spot shortly after receiving information. A scooty, a mobile phone, and a pistol were recovered from the scene.

Family members have alleged that the pistol was planted near his hand to mislead investigators, insisting Singh had no criminal background or links to weapons.

Singh also owned a tile shop near the Ulidih police station and was said to be active in land-related business. Sources said he had received threats a few months ago.

News of the murder spread rapidly, prompting Karni Sena members and supporters to block Dimna Chowk and NH-33 in protest. They demanded immediate arrest of those responsible and threatened a larger agitation if swift action was not taken.

Protesters also slammed the police for the delay in dispatching an ambulance to transport Singh’s body.

The blockade was lifted around 1 a.m. in the night after the ambulance arrived and the body was sent for post-mortem.

Police have formed a Special Investigation Team (SIT) to probe the murder. DSP Bachan Deo Kujur said all angles are being examined and assured that the perpetrators will be brought to justice soon.

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Accused in air hostess sexual assault case was porn addict: Gurugram Police

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Gurugram, April 19: Gurugram Police said on Saturday that the accused in the air hostess sexual assault case was a porn addict, an official said.

Gurugram Police Spokesperson Sandeep Kumar said that the accused used to watch porn videos habitually, which was also confirmed from the mobile phone recovered from him.

He said that during police interrogation, it was found that the accused has a B.Sc. (OT) degree from a private institute from the years 2019-2022, and he was an average student in studies.

“For the last five months, he was working as a treatment machine technician in the ICU of the hospital. The accused going to the victim at the time of the incident was confirmed from the CCTV cameras installed in the hospital,” he said.

The Spokesperson said that during interrogation of the accused, it was also found that he had watched porn videos before the incident and even after committing the crime.

“Which is also being confirmed from the search history of the accused’s mobile phone. He was produced before the court on Saturday, from where he was sent to judicial custody for further proceedings,” he said.

Meanwhile, the SIT on Friday nabbed the accused, after analysing at least 800 CCTV cameras installed inside and outside of the hospital, who sexually assaulted the woman when she was on a ventilator.

The accused was identified as Deepak (25), a native of Muzaffarpur in Bihar. The accused had been working as a treatment machine technician in the ICU of the hospital for the past five months and was arrested in the Sadar police station area on Friday.

An official privy to the investigation said that the accused has confessed to his crime in the matter.

“While investigating the incident, eight police teams checked the footage of 800 CCTV cameras installed in the hospital, and around 50 hospital staff, including doctors, were questioned about the incident. Keeping in mind the seriousness of the incident, the police teams investigated from every angle and collected a lot of information related to the incident, as a result of which the police got great success in identifying the accused who committed the crime,” said Arpit Jain, DCP (Headquarters).

On Thursday, Vikas Kumar Arora, Commissioner of Police, Gurugram, had constituted an SIT and ordered the identification and arrest of the accused.

As per the order of the Police Commissioner, an SIT was constituted under the leadership of Arpit Jain, Deputy Commissioner of Police, Headquarters, Gurugram, in which a total of eight different police teams were given special directions and deployed to collect information and evidence related to the incident.

Dr. Sanjay Durani, Medical Superintendent of the hospital, said in a statement that: “We have been informed that the police have identified a suspect who has been taken into custody in connection with the ongoing investigation concerning allegations of sexual assault on a patient. On the basis of information provided to us by the police, we have suspended the suspect employee. As we await the final outcome of the investigation, we will continue to provide full support to the police.”

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