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‘Surpassed Laxman Rekha, indelible scar’, ex-judges, bureaucrats on SC remarks against Nupur Sharma

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A group consisting of 15 retired judges of various high courts, 77 retired bureaucrats and 25 retired armed forces officers have written an open letter criticising the observations of the Supreme Court on a plea by former BJP spokesperson Nupur Sharma.

They alleged that the comments made by the two judges — Justices Surya Kant and Justice J.B. Pardiwala — are unfortunate and unprecedented, and the top court surpassed the ‘Laxman Rekha’ and called for urgent rectification steps.

The statement said: “In the annals of judiciary, the unfortunate comments have no parallel and are an indelible scar on the justice system of the largest democracy. Urgent rectification steps are called for as these have potentially serious consequences on democratic values and security of the country.”

The veterans said they believe that the democracy of any country will remain intact till all the institutions perform their duties as per the Constitution. “Recent comments by the two judges of the Supreme Court have surpassed the Laxman Rekha and compelled us to issue an open statement.”

It further added that observations are not in sync with judicial ethos and by no stretch these observations, which are not part of the judicial order, can be sanctified on the plank of judicial propriety and fairness.

The veterans said through such observation, perceptionally there is virtual exoneration of the dastardliest beheading at Udaipur in broad daylight. “The observations also graduate to the most unjustifiable degree that this was only to fan an agenda… In the annals of judiciary, the unfortunate comments have no parallel and are an indelible scar on the justice system of the largest democracy,” said the three-page open statement. They said Sharma was de facto denied access to the judiciary and in the process, there was an outrage on the Preamble, spirit and essence of the Constitution.

The veterans said the legal fraternity is bound to be surprised and shocked at the observation that an FIR should lead to arrest and the observations on other agencies in the country, without notice to them, are indeed worrisome and alarming. “Forcing a petitioner by such damning observations, pronouncing her guilty without trial, and denial of access to justice on issue raised in the petition, can never be a facet of a democratic society,” added the statement.

Sharma had moved the top court seeking clubbing of FIRs, registered in various parts of the country, into one FIR at Delhi in the matter connected with her remarks against the Prophet Muhammed. On July 1, the apex court slammed Sharma for her controversial remarks.

The statement said the allegations constitute only one offence for which separate prosecutions (FIRs) were launched and Article 20 (2) of the Constitution prohibits prosecution and punishment more than once for the same offence. “Article 20 falls under Part III of the Constitution and is a guaranteed fundamental right. The Supreme Court in a number of cases, including Arnab Goswamy vs. Union of India (2020) and T.T. Anthony vs. State of Kerala clearly laid down the law that there can be no second FIR and consequently there can be no fresh investigation in respect to the second FIR on the same issue. Such an action is violative of fundamental rights as guaranteed under Article 20(2) of the Constitution”, it said.

“Such an approach of the Supreme Court deserves no applause and impacts the very sanctity and honour of the highest court of land,” it added.

The signatories include former chief justice of the Bombay High Court Kshitij Vyas, former Gujarat High Court judge S.M. Soni, former Delhi High Court judge S.N. Dhingra, former chief justice (acting) Gauhati High Court K. Sreedhar Rao, former Rajasthan High Court judges R.S. Rathore and Prashant Agarwal.

The other signatories include: former IAS officers R.S. Gopalan and S. Krishna Kumar, former DGPs S.P. Vaid and B.L. Vohra, ambassador (retired) Niranjan Desai, Lt Gen V.K. Chaturvedi (retired) and Air Marshall (retired) S.P. Singh. The coordinators are Justice P.N. Ravindran, former judge of Kerala High Court, and Anand Bose, former chief secretary, Kerala.

Crime

Thane Residents Zakir Irani And Sonu Jadhav Get Five-Year Jail Term, ₹15.3 Lakh Fine For Chain Snatching

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Mumbai: The special MCOCA court on Thursday sentenced two Thane residents to five years’ imprisonment for chain snatching and operating a crime syndicate in a November 2020 incident. The MCOCA court imposed a fine of Rs15.3 lakh on each of the accused.

The court found Zakir Irani, 39, guilty of chain snatching and heading a crime syndicate involved in such crimes, along with Sonu Ananta Jadhav, alias Raj, 28.

According to the prosecution, the complainant was on a morning walk toward Goal Garden, Malad (East), on November 9, 2020, at around 6am. At around 6.10am, a blue-coloured motor scooter approached from behind, and the pillion rider attempted to snatch a gold chain from his neck. The complainant resisted, but the pillion rider inflicted a blow with a helmet on his head, causing him to lose his balance. The rider then snatched the chain.

The complainant claimed that two passersby helped him get up, but the assailants threatened to kill him by running him over. The complainant chased them and tried to note the bike’s license plate number, but two digits were missing. He later lodged a complaint with Dindoshi police station. The police acted quickly and, based on a confidential tip, arrested Irani on the same day. A month later, Jadhav was also arrested.

Public prosecutor Jaysingh Desai contended that Irani had four prior cases and was out on bail when he attacked the complainant in this case. It was also noted that Jadhav was a co-accused in some of these cases. Desai argued that Irani headed the syndicate.

The prosecution stated, “It clearly reflects that in each and every case, Zakir is the ma in accused and there are certain other associates like Gulam Hussain with Zakir in three cases…. In all cases, the modus operandi is the same: the accused target the victim’s neck to snatch a gold chain or mangalsutra.”

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Crime

Mumbai Crime: 32-Year-Old BMC Employee Found Dead Inside SRA Building At HDIL Compound In Kurla; Police Launch Probe

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Mumbai: A 32-year-old employee of the Brihanmumbai Municipal Corporation (BMC) was found dead in Building No. 9 of the Slum Rehabilitation Authority (SRA) project at HDIL Compound, Kurla (West), on Thursday afternoon, police officials said. The incident was reported around 4:30 PM by the V B Nagar Police Station.

According to the police, the deceased has been identified as Rajesh Parmar, a resident of the Ghatkopar area, who worked in the BMC Solid Waste Management (SWM) department, F North Ward.

The body has been sent to the Rajawadi Hospital for postmortem examination. The exact cause of death remains unknown and further investigation is currently underway.

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National News

Mumbai Civic: BMC Secures CRZ Clearance For Poisar River Bridge Reconstruction In Gorai Amid Local Opposition

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Mumbai: The BMC has received Coastal Regulation Zone (CRZ) clearance for the reconstruction of a bridge over the Poisar River inlet in Gorai, located in the western suburbs. However, the proposed demolition of the existing 100-meter-long bridge has faced opposition from local residents, as it serves as the only direct access route between the Lower and Upper Koliwada areas.

The three-decade-old bridge, located within the CRZ buffer zone, has been deemed structurally unsafe following a recent audit. Civic authorities have announced its reconstruction at a cost of Rs 4 crore over the next two years.

The new bridge will be sturdier, featuring railings and light poles. However, local fisherfolk and residents have opposed the demolition, arguing that “High tide may isolate Koliwada, leading to a 700-meter beach road detour.”

Residents have voiced concern over the lack of clear information from civic authorities regarding temporary transport plans during the bridge demolition. With no contingency plan in place for high tide, when the coastal road may be submerged, locals are urging officials to consult with the fisherman community and establish a swift, reliable alternative route. They warn that without it, emergency services like ambulances and fire engines could face critical access challenges.

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