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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General Garima Prashad, representing the Uttar Pradesh government, informed the top court that the state government has withdrawn notices sent to the anti-CAA protesters to recover damages to the properties.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Kant said if recoveries have been made following the notices, then those have to be paid back, as the government has withdrawn the notices.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

Maharashtra: Two Arrested For Running Illegal Online Gaming Apps, Duping Users With False Profit Promises

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The police have launched an investigation against two persons who used illegal online gaming platforms to dupe people by inducing them to use the gaming apps and promised them huge profits.

According to the police, the complainant is assistant police inspector S.B. Kasule (40), a resident of Dharashiv. The police had received information about two persons who were duping people by giving false promises of providing high returns on playing online games.

Accused Lured Victims via WhatsApp with Login IDs and Promises of High Returns

The police who were armed by the mobile numbers of the accused persons, then tracked the location and found the accused persons operating at Talwale village and found to be running three illegal online gaming platforms which promoted gambling. Their questioning of the accused persons further revealed information about two other persons from Beed and Nanded who had provided them with a login ID and password to use the gaming platforms.

Cyber Crime Police Register Case Under IT Act and Gambling Laws

“Analysis of their WhatsApp data has revealed that they had provided gaming app links through WhatsApp to several people and induced them to play games by giving them login ID and password and took money from them online by promising them good returns,” said a police officer. A case has been registered by the cyber crime police recently 318 (cheating) of Bharatiya Nyaya Sanhita, sections 66C (identity theft), 66D (cheating by personation by using computer resource) of the Information Technology Act and provisions of Maharashtra Prevention Of Gambling Act.

Cops Caution Public Against Unverified Gaming Apps, Share Cyber Safety Tips

“Download apps only from authentic sources such as Google Play, Apple Store and official websites. Ensure that app permissions requested by the game app are relevant and necessary, check the game app publisher’s information to ensure website legitimacy, never share your personal information such as bank account details with game app and beware of in-app purchases and subscription offers that seem too good to be true. Report any suspicious activity to the game developer and to the payment provider immediately and if any such game scam occurs call 1930 or report a complaint on www.cybercrime.gov.in,” said a police officer.

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Crime

Mumbai Crime: Vasai Man Kills Stepmother For Refusing To Pay ₹1.8 Lakh For His Online Gaming, Father Helps Cover-Up Murder

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Vasai (Maharashtra): In a chilling case from Vasai, which is 25 kilometres away from Mumbai, the Mira Bhayandar Vasai Virar (MBVV) police arrested a 32-year-old man for allegedly murdering his 61-year-old stepmother after she refused to give him money to continue playing an online game. The accused’s father has also been arrested for his role in helping cover up the crime.

Family Claimed Elderly Woman Died Due To Fall, Last Rites Conducted

The victim, Arshia Khusru, was a resident of Periyar Apartment in Vasai West. She died on July 26 and her family claimed she had suffered a fatal fall. Based on that account, her last rites were conducted without a postmortem. However, discrepancies in the circumstances surrounding her death led the police to launch an investigation.

During the probe, officers arrested Imran Khusru, Arshia’s stepson, who later confessed to the murder. Imran was deeply addicted to an online game and desperately needed Rs 1.8 lakh to fund his gaming.

When Arshia refused to give him the money, an enraged Imran allegedly slammed her head against a wall corner and kicked her in the face, leading to fatal injuries. After committing the crime, he is said to have stolen her gold jewellery.

Accused’s Father Helped In Covering Crime

The case took a darker turn when police discovered the involvement of Imran’s father, Amir Ismail Khusru (65), in attempting to destroy evidence and mislead authorities. Amir allegedly used his personal connections to procure a fake death certificate stating that Arshia had died from a fall. He then persuaded the family to proceed with her funeral based on the false cause of death, avoiding an autopsy.

Cops say the father-son duo went to great lengths to cover up the murder. It was only through persistent efforts by the police that the truth came to light. The stolen jewellery and other key evidence have reportedly been recovered. Both accused are currently in custody, and the investigation is ongoing.

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Crime

Palghar Police Bust Prostitution Racket In Vasai; 3 Bangladeshi Nationals Held, 2 Victims Rescued

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Palghar: In a significant operation against human trafficking, Palghar police have uncovered a prostitution racket being run from a residential flat in Naigaon, Vasai. Three Bangladeshi nationals were arrested, and two victims, including a minor girl, were rescued, officials confirmed on Tuesday.

About The Case

Acting on a tip-off, the Anti-Human Trafficking Cell of the Mira Bhayander–Vasai Virar police conducted a raid on July 26 at a flat in Naigaon, located in the Vasai area.

According to ACP (Crime) Madan Ballal, officers found a minor girl at the scene who was allegedly being pushed into the flesh trade. A 21-year-old woman, also a victim of the racket, was rescued from the same premises.

The arrested accused have been identified as Mohammad Khalid Bapari, Juber Harun Sheikh, and Shamin Gaffar Sardar, all Bangladeshi nationals. Police say the victims, too, are from Bangladesh and were reportedly trafficked into India and forced into sex work.

Both victims have been shifted to a shelter run by the Rescue Foundation for their care and rehabilitation.

An FIR has been registered against the accused under relevant sections of the Bharatiya Nyaya Sanhita (BNS), including Sections 96 (procuration of child), 98 (selling child for purposes of prostitution), 143(3) and 143(4) (trafficking), and 144 (exploitation of trafficked person). Additional charges under the Protection of Children from Sexual Offences (POCSO) Act and the Immoral Traffic (Prevention) Act have also been applied.

The investigation is ongoing.

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