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Supreme Court stays High Court order directing registration of FIR against Shahnawaz Hussain in 2018 rape case

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Shahnawaz-Hussain

 The Supreme Court on Monday stayed the Delhi High Court order directing registration of FIR against BJP leader Syed Shahnawaz Hussain in an alleged 2018 rape case.

A bench headed by Justice U.U. Lalit said Hussain prima facie makes out a case against high court order. “In further consideration there shall be a stay on further proceedings in connection with the criminal complaint dated 2018 before Saket courts, New Delhi…stay of further proceedings and also the effect and operation of the high court order under challenge,” said the top court.

The bench noted that it has been stated that after the high court order the original complainant was assaulted and allowed the complainant to approach the nearest police station if she seeks protection. The top court issued notice returnable in the third week of September.

Senior advocates Siddharth Luthra and Mukul Rohatgi appeared for Hussain in the apex court.

In his plea in the apex court, Hussain contended that the high court failed to appreciate that he was illegally implicated in the case, as the woman, who was having a matrimonial dispute with his brother, had an ulterior motive. “The petitioner is a Z plus security protectee and the allegations by the complainant were found to be totally baseless and untrue as she kept changing her statements and the location of the petitioner and that of her never matched as per CDRs and CCTV footages,” said the plea.

Hussain claimed that he filed a complaint with Delhi Police in 2017, stating that he was residing separately from his brother Shahbaz Khan, who was resident of Noida and a woman through her Facebook account was continuously defaming him.

Last week, a single bench of Justice Asha Menon directed registration of an FIR, completion of the investigation within three months, and filing of a detailed report under Section 173 Code of Criminal Procedure.

The high court said: “In the present case, there seems to be a complete reluctance on the part of the police to even register an FIR. In the absence of the FIR, at best, the police could have, as correctly observed by the learned Special Judge, conducted only what is a preliminary inquiry.”

In June 2018, a Delhi-based woman filed a complaint against Hussain, alleging commission of offences under Sections 376 (Rape), 120-B (Criminal Conspiracy) and 506 (Criminal Intimidation) of the Indian Penal Code (IPC). The woman alleged that the BJP leader raped her and also threatened to kill her. She filed an application seeking directions to the Delhi Police for the registration of FIR.

Bollywood

Saif Ali Khan case: Mumbai Police find clues from crime scene

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Mumbai, Jan 22: The Mumbai Police have recovered a piece of cloth from actor Safi Ali Khan’s apartment which belongs to accused Shariful Islam Shehzad Mohammad, the Bangladeshi national arrested in the attack case.

Sources said the Bandra police recovered cloth from Khan’s house, which the accused used to cover his face. The cloth fell from his face in Saif’s son Jahangir’s room during the scuffle.

The cloth can be seen in the CCTV footage when Shehzad is climbing up the stairs before committing the crime. The police have sent the cloth and hair samples for DNA testing to the forensic department.

Earlier, the officials said that Shehzad had entered the actor’s building, Satguru Sharan, in the Bandra area by scaling its compound wall and found the security guards sleeping.

Sources said that both the security guards in the building were sleeping when the attacker entered it by crossing over the boundary wall.

The sources further said that as Shehzad found both the security guards sleeping, he entered the building from the main entrance where no CCTV camera exists. The accused removed his shoes and kept them in his bag to avoid making any noise. He also switched off his phone.

The police on Tuesday recreated the crime scene with the accused at the building. Police took the accused wherever he went after fleeing from Saif Ali Khan’s house. Shehzad was taken to the garden near the Satguru Sharan building and then to the National College Bus Stop where he was said to have stopped and stayed for a while after committing the crime. During the probe, the police took Shehzad to the Bandra Railway Station from where he had fled. Police are trying to find out how he reached the station.

The police were trying to record the chain of events starting from Shehzad’s entry to the building to his fleeing before being arrested.

Saif Ali Khan was stabbed six times by Shehzad inside his apartment in the early hours of January 16. The actor underwent emergency surgery at the Lilavati Hospital and was discharged on Tuesday. Three days after the attack, the police arrested the accused from neighbouring Thane city.

A court in Mumbai on Sunday remanded the accused in five-day police custody.

Shehzad, a native of Jhalokathi district in Bangladesh was residing in Mumbai for over five months. He had been working odd jobs and was associated with a housekeeping agency, the police have said.

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Crime

Society cannot have humanitarian approach towards an inhuman: CM Mamata Banerjee on RG Kar verdict

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Kolkata, Jan 21: West Bengal Chief Minister Mamata Banerjee said on Tuesday that society cannot have a “humanitarian” approach towards an “inhuman” individual.

She said this while expressing her opinion on the verdict by a special court in Kolkata on the ghastly rape and murder of a woman doctor of R.G. Kar Medical College and Hospital.

The special court on Monday sentenced Sanjay Roy, the sole convict in the case, to life imprisonment.

“What is the meaning of ‘life imprisonment’? Often lifers get released on parole. If a convict is alive there is a chance that he might commit the same crime again. If anyone chooses to be ‘inhuman’, how can society be ‘humanitarian’ towards him? That is why we demanded a ‘death sentence’ for the convict in the R.G. Kar tragedy. It is really the rarest of rare crimes,” the Chief Minister said while addressing a state government programme in Malda district.

Her observations came just a couple of hours after the state government approached a division bench of the Calcutta High Court challenging the January 20 verdict of the special court and seeking the death penalty for the convict in the case.

Commenting on the murder of Dulal Sarkar a.k.a. Babla, the Trinamool Congress councillor from ward number 22 of English Bazar Municipality in the same district earlier this month, the Chief Minister gave a strong note of caution that the miscreants and mafias, even if associated with her party, will not be spared at any cost.

The murder is reportedly a fallout of infighting in the ruling party, sources had said.

Referring to the recent tension in neighbouring Bangladesh, having a stretch of international borders with Malda district, the Chief Minister emphasized that in case there are border skirmishes with the Border Security Force (BSF), the people residing in the bordering villages should refrain from going there during the period of tension.

“At the same time, the local people will have to be careful so that no terrorist can take shelter in the district either at any hotel or rent any room at a house in the bordering villages,” the Chief Minister said.

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Crime

RG Kar case: Bengal govt moves Calcutta HC seeking death penalty for convict

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Kolkata, Jan 21: The West Bengal government on Tuesday approached the Calcutta High Court, challenging the special court’s verdict sentencing Sanjay Roy, convicted in the rape and murder of a junior doctor of state-run R.G. Kar Medical College and Hospital, to life imprisonment.

State Advocate General Kishor Datta has approached the division bench of Justice Debangshu Basak and Justice Shabbar Rashidi seeking a “death penalty” for the convict.

The division bench has admitted the petition from the state government.

After the court pronounced the quantum of sentence, Chief Minister Mamata Banerjee announced on Monday evening that the state government would approach the Calcutta High Court challenging the verdict.

She also said the state government will be seeking the “death penalty” for the convict.

“I strongly feel that it is a heinous crime that warrants capital punishment. We will plead for capital punishment of the convict at the High Court now,” the Chief Minister said in a statement.

According to her, she was deeply shocked at the judgment of the special court which did not consider the crime as the “rarest of rare”.

“I am convinced that it is indeed a rarest of rare cases which demands capital punishment. We want to insist upon the death penalty in this most sinister and sensitive case,” the Chief Minister said in a statement.

“Recently, in the last 3/4 months, we have been able to ensure capital/ maximum punishment for convicts in such crimes. Then, why, in this case, has capital punishment not been awarded?” the Chief Minister’s statement added.

“We demanded the ‘death penalty’ for the convict. I don’t know how….Had the case been in our hands (read state police or Kolkata Police), the death sentence would have been pronounced much earlier,” the Chief Minister said.

While pronouncing the quantum of sentence, special court judge Anirban Das said that the Central Bureau of Investigation (CBI)’s contention that Roy’s offence in the matter was “the rarest and rare crimes” was not tenable.

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