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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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 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.

Crime

Cow theft suspicion turns deadly in Bengal; youth lynched, 4 arrested

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Kolkata, Oct 3: A youth was allegedly lynched and another seriously injured after a mob attacked them on suspicion of cow theft in north Bengal’s Matigara area on Saturday, the police said.

Four people have been arrested in connection with the incident, while a search is on for others allegedly involved in the assault and subsequent vandalism.

The incident took place in the early hours on the banks of the Balasan River in the Tarabari area under Matigara police station. According to the police, some youths were passing through the area in a car when local residents noticed them and became suspicious.

The locals allegedly suspected the youths of being involved in cow thefts reported in the area. They chased the vehicle and managed to catch two of the youths, while others reportedly fled. Two vehicles were also seized by the residents.

The situation soon turned violent as a mob allegedly began assaulting the two youths. One of them was beaten severely and died on the spot, the police said. The other youth sustained serious injuries and was found lying on the road.

The incident triggered tension in the area, with the mob allegedly vandalising and setting fire to the two vehicles.

On receiving information, a large police contingent from Matigara police station reached the spot and took steps to bring the situation under control.

The injured youth was rushed to a nearby hospital, where his condition is reported to be critical.

Meanwhile, the body of the deceased youth was sent for post-mortem examination to ascertain the exact cause of death.

Following the incident, the police launched a search for those involved in the alleged lynching and vandalism. Four people have been arrested so far.

Local residents claimed that incidents of cattle theft had been reported from the area on several occasions, leading to growing anger among villagers. They said the presence of unknown people travelling in a car during the early hours raised suspicion and prompted residents to chase them.

A senior officer of the Siliguri Metropolitan Police said a case had been registered against the arrested persons and others. The officer said an investigation was underway to identify and arrest everyone allegedly involved in the assault, death and vandalism.

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Crime

Mumbai Crime Branch records IIT-Bombay Prof’s statement in student suicide case; Doolla denies all charges

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Mumbai, Oct 3: The Mumbai Crime Branch, which is investigating the alleged abetment to suicide case involving IIT-Bombay student Sahil Wakode, has recorded the statement of Professor Suryanarayan Doolla. The professor was questioned for approximately eight hours during which his statement was recorded. He denied all allegations levelled against him.

Wakode’s parents had said in their police complaint that Professor Doolla had harassed their son. Acting on the allegations, the Crime Branch questioned the professor about the events leading up to Wakode’s death and his interactions with the student.

During the interrogation, Professor Doolla denied all the allegations levelled against him, according to sources.

The Mumbai Crime Branch is also expected to summon IIT-Bombay Director Shireesh Kedare soon, to record his statement as part of the ongoing investigation.

Meanwhile, the police are examining CCTV footage from the examination hall to gather crucial information about the events and activities preceding Wakode’s death.

The Crime Branch has so far recorded statements from around 50 people, including Wakode’s parents and classmates, as part of its probe.

CCTV footage from September 18 reportedly showed Professor Doolla pulling Wakode aside after allegedly catching him using a mobile phone during an examination.

Following Wakode’s death, IIT-Bombay had said that the student had uploaded the question paper on ChatGPT to seek answers. The institute had also stated that no disciplinary action was taken against him in connection with the incident.

Wakode’s father, Ravindra Wakode, had claimed that his son told him about being discriminated against by Professor Doolla.

“My son had told me about this discrimination, but I told him that it is difficult to secure admission to IIT and advised him to bear with it,” he had told reporters.

Mumbai Police subsequently registered a case of abetment to suicide based on a complaint lodged by Wakode’s father.

The IIT-Bombay faculty, however, came out in support of Professor Doolla, stating that he was being targeted for merely performing his professional duties.

“The student indulged in malpractice during the examination. Prof Doolla reported the matter to the head of the department. If a professor is being vilified just for discharging his duties, then it is a problem for the entire teaching community in the country,” said Prof Rajkumar Pant, chief of the IIT-Bombay Faculty Forum.

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Crime

IIT-Bombay suicide case: Maha Congress leaders meet Sahil Wakode’s family

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Mumbai, Oct 3: Maharashtra Congress in-charge Sirivella Prasad and Maharashtra Congress State President Harshwardhan Sapkal met with the family of IIT-Bombay student Sahil Wakode, who committed suicide due to alleged caste discrimination, at the Shanti Ashram.

During the meeting, Sahil Wakode’s family discussed the matter in detail with Congress leaders.

All India Congress Committee Secretary B.M. Sandeep, Rehana Chishti, U.B. Venkatesh, and Mumbai Congress President and MP Varsha Gaikwad, among other leaders, were present.

This comes just two days after Mumbai Congress Youth President Zeenat Shabrin met with Sahil Wakode’s family.

Last month, Leader of Opposition in the Lok Sabha Rahul Gandhi spoke to Sahil Wakode’s family over the phone and assured them of his support in their pursuit of justice. Gandhi expressed solidarity with the family and assured them of all possible support in seeking justice for Sahil.

Later on September 24, Varsha Gaikwad visited Azad Maidan to meet Sahil Wakode’s father, who began a sit-in protest demanding action against those responsible for his son’s death.

Meanwhile, the Mumbai Crime Branch has recorded the statement of Professor Suryanarayan Doolla. The professor was questioned for approximately eight hours, during which his statement was recorded. He denied all allegations levelled against him.

Wakode’s parents had said in their police complaint that Professor Doolla had harassed their son. Acting on the allegations, the Crime Branch questioned the professor about the events leading up to Wakode’s death and his interactions with the student.

During the interrogation, Professor Doolla denied all the allegations levelled against him, according to sources.

The Mumbai Crime Branch is also expected to summon IIT-Bombay Director Shireesh Kedare soon to record his statement as part of the ongoing investigation.

Meanwhile, the police are examining CCTV footage from the examination hall to gather crucial information about the events and activities preceding Wakode’s death.

The Crime Branch has so far recorded statements from around 50 people, including Wakode’s parents and classmates, as part of its probe.

CCTV footage from September 18 reportedly showed Professor Doolla pulling Wakode aside after allegedly catching him using a mobile phone during an examination.

Following Wakode’s death, IIT-Bombay had said that the student had uploaded the question paper on ChatGPT to seek answers. The institute had also stated that no disciplinary action was taken against him in connection with the incident.

Wakode’s father, Ravindra Wakode, had claimed that his son told him about being discriminated against by Professor Doolla.

“My son had told me about this discrimination, but I told him that it is difficult to secure admission to IIT and advised him to bear with it,” he had told reporters.

Mumbai Police subsequently registered a case of abetment to suicide based on a complaint lodged by Wakode’s father.

The IIT-Bombay faculty, however, came out in support of Professor Doolla, stating that he was being targeted for merely performing his professional duties.

“The student indulged in malpractice during the examination. Prof Doolla reported the matter to the head of the department. If a professor is being vilified just for discharging his duties, then it is a problem for the entire teaching community in the country,” said Prof Rajkumar Pant, chief of the IIT-Bombay Faculty Forum.

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