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Supreme Court puts sedition law on hold, no new FIRs to be lodged till review is complete

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The Supreme Court on Wednesday urged the Centre and state governments to refrain from registering any FIRs invoking sedition provision, Section 124A of the Indian Penal Code, till review of the law by the Centre is complete.

A bench headed by Chief Justice N.V. Ramana and comprising Justices Surya Kant and Hima Kohli said till the review of the sedition provision by the Centre is complete, the governments should not use the sedition provision.

In an interim order, the bench said no new FIRs should be lodged under the sedition provision and those already in jail can approach courts for relief.

The Centre proposed issuing an advisory to the state governments that only a police officer of the rank of Superintendent of Police (SP) — who may record in writing the reasons for a case involving sedition provision (Section 124A of the Indian Penal Code) — as it cannot prevent police from registering a cognizable offence under sedition provision.

Solicitor General Tushar Mehta, representing the Centre, submitted that the government proposes that a police officer of the level of SP or above should decide, for now, on whether a sedition charge should be filed in future FIRs. He added that as the government reviews the sedition law, pending sedition cases can be reviewed, and the courts can decide on the bail application of those under Section 124A IPC, expeditiously.

Senior advocate Kapil Sibal, representing one of the petitioners, contended that Section 124A has become prima facie unconstitutional and the apex court must stay application of the sedition provision, till the Centre reviews the provision.

Mehta submitted that as far as pending cases are concerned, gravity of each case is not known, maybe there is a terror angle, and also the pending cases are before judicial forum. “We need to trust the courts,” he added.

Justice Kant told Sibal, “What is this argument…Can it be struck down today?” The bench added that it is looking for an answer who can be an impartial authority, in the view of Centre’s proposal, and asked Sibal what an arrangement in the interregnum can be done.

On Tuesday, the top court had sought the Centre’s response on pending and future cases registered under the sedition law.

The Ministry of Home Affairs in its affidavit said the Prime Minister of India has been cognizant of various views expressed on the subject and has also periodically, in various forums, expressed his clear and unequivocal views in favour of protection of civil liberties, respect for human rights and giving to the constitutionally cherished freedoms to the people of the country.

The home ministry added that the Prime Minister has repeatedly said that one of India’s strengths is the diverse thought streams that beautifully flourish in the country. The ministry said the Prime Minister believes that at a time when the nation is marking Azadi Ka Amrit Mahotsav (75 years of Independence), as a nation it is essential to work harder to shed colonial baggage that passed its utility, which includes outdated colonial laws and practices.

“The Government of India, being fully cognizant of various views being expressed on the subject of sedition and also having considered the concerns of civil liberties and human rights, while committed to maintain and protect the sovereignty and integrity of this nation, has decided to re-examine and re-consider the provisions of Section 124A of the Indian Penal Code, which can only be done before the competent forum,” said the affidavit.

Maharashtra

Pakistani PIO spy Ravinder Verma in judicial custody

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Mumbai: The court has ordered the remand of Pakistan Intelligence Operative PIO spy Ravinder Verma from ATS remand to judicial custody. Ravinder Verma of the police station is accused of providing secret information to Pakistan, after which the ATS arrested him. Ravinder Verma’s defense lawyer Rupali Shinde said that her client does not have any secret money more than Rs 2,000 in his account, but the ATS opposed it and said that money was also transferred to him from other accounts, after which the court ordered the accused to be kept in judicial custody for 14 days. The defense lawyer said that the girl with whom Ravinder Verma was in contact is not Preeti Jaiswal, but Jaspreet, and he was in contact with her and was affected by the honey trap and this girl is from Punjab and Delhi. The ATS has interrogated the accused, in which the ATS has been provided with many important details.

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Maharashtra

Muslim representative delegation met police commissioner Deven Bharti on Mumbai loudspeaker, stop action till Eid-ul-Adha: Azmi

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Mumbai: Muslim representatives met Mumbai Police Commissioner Deven Bharti and lodged an objection against the removal of loudspeakers from mosques, saying that only mosques are being targeted, which is completely wrong, while the principle of noise pollution is equally applicable to all, but only on the complaint of BJP leader Kirit Somaiya there is a risk of deteriorating the environment by removing loudspeakers from mosques, and a demand was also made to stop police action to maintain law and order.

Maharashtra Samajwadi Party leader and Assembly member Abu Asim Azmi told the media after meeting the Police Commissioner on the loudspeaker issue that Mumbai Police Commissioner Deven Bharti said that no action will be taken against loudspeakers till Eid-ul-Azha, while Azmi drew the attention of the Police Commissioner on this issue that unilateral action is being taken only against mosques. The police take action after the complaint of Kirit Somaiya and then the action starts. He said that the issue of removing loudspeakers from mosques is threatening peace in Mumbai. Azmi said that the way Kirit Somaiya and Nitish Rane are demonstrating provocations has spoiled the atmosphere of Mumbai city.

The police should also take action against them to maintain law and order. Police Commissioner Deven Bharti has assured the delegation that he will take necessary steps on this issue and action will be taken as per the law. Abu Asim Azmi, while expressing concern over mischief on Eid-ul-Azha, told the Police Commissioner that the way some miscreants are constantly trying to create conflict in societies by offering sacrifices. On Nitish Rane’s venom regarding sacrifice in societies, Azmi said that sacrifice is offered in societies and it is done legally, there is no problem in it, but some people are presenting sacrifice as an issue to spoil the environment. He said that even in Hinduism, cats are offered, then no one objects. On Nitish Rane’s demand for virtual sacrifice, he said that Islam will follow Sharia and Muslims offer sacrifices only according to Sharia and the law has allowed us to do so.

Samajwadi Party leader Yousuf Abrahani, Advocate Amin Solkar, Khateeb and Imam of Hari Masjid Maulana Zubair Ahmed Barkati were also present in this representative delegation. Yousuf Abrahani said that legal action is being taken on the loudspeaker issue and the court is also being approached, while all the conditions imposed on the loudspeaker issue are illegal, while the Supreme Court had ordered decibel control and decibels have been fixed, accordingly, loudspeakers are used in mosques, but the police are taking action under pressure from the Kirit Somaiya and the police do not have the authority to remove loudspeakers from mosques, but despite this, this process is continuing, while the Mumbai Police Commissioner has also assured of necessary action on this issue.

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Maharashtra

Mumbai Cyber ​​Cell recovered Rs 1.29 crore

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Mumbai: The Cyber ​​Cell of Mumbai Police has recovered Rs 1.29 crore from the victims in the Digital Arrest fraud case. The Mumbai Crime Branch had received several complaints on helpline 1930, in which complaints of cyber fraud were received. A 73-year-old doctor from Vile Parle had lodged a complaint on the helpline. The elderly man was called on a video call by a police officer and a judge and cash was withdrawn from his bank account.

In this case, money was transferred five times from the bank account between June 2 and June 4 and Rs 2.89 crore was transferred. After registering a complaint in this case, the police filed a complaint on the NCRP portal and the nodal officer of the bank froze Rs 1.29 crore in the bank account itself for cyber crime. This action was taken under the guidance of Mumbai Police Commissioner Deven Bharti, Joint Police Commissioner Crime Lakshmi Gautam, DCP Purushottam Karad.

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