Politics
Tell us of ruling requiring impleadment of victims of sexual offence, Delhi HC asks Registry
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The Delhi High Court has asked its Registry to inform it whether there are any existing court rulings or practice directions that require impleadment of victims or prosecutrix as a respondent in bails or criminal appeals relating to sexual offences under the IPC or Pocso Act.
Justice Anup Jairam Bhambhani has asked the Registry to file its response in the light of facts while listing the matter for further hearing on January 6, 2023.
The court said that the identity of victim or prosecutrix is supposed to be protected and kept confidential in all such proceedings.
“Section 439 (1-A) of the CrPC and practice directions dated September 24, 2019, which only require that victim or informant or any person authorised ‘be heard’ at the time of hearing of a bail application for certain offences.
“Let a report be filed in response to the query, before the next date,” said the court.
The court was hearing a bail application of a man accused of sexual assault on minor girl and facing an FIR registered under Section 376 of IPC and Section 4 of the Protection of Children from Sexual Offences Act (POCSO) Act at Jaitpur police station in Delhi.
The court had asked the state to file a status report on the bail plea, which said that the complainant’s presence is required at the hearing of the bail application on the next date and directed the investigating officer (IO) to inform her.
Responding to the court’s question, the man’s representative said why the girl has been impleaded in the matter is because he was specifically asked by the Registry to make the victim or prosecutrix a party-respondent.
The court said: “In the circumstances, the Registrar (Filing) is directed to inform this court as to whether there is any ruling by any court or any practice directions issued, requiring the impleadment of a victim/prosecutrix/informant as a respondent (even if anonymised) in bail applications or criminal appeals relating to sexual offences under the IPC or the POCSO Act.”
Moreover, the petitioner was told to remove the girl’s name from the list of parties and file an amended memo of parties.
Education
Mumbai News: Sion School Under Probe For Unauthorised Building, Alleges ‘Selective Scrutiny’, Cites Heritage Structures
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Mumbai: Lady of Good Counsel School in Sion has written to Maharashtra Chief Minister Devendra Fadnavis, alleging ‘selective scrutiny’ after being flagged for operating in an unauthorised building.
The school contends that numerous British-era structures, including prominent institutions such as the Bombay High Court and the BMC headquarters, do not possess Occupation Certificates (OC) simply because the requirement did not exist at the time of their construction.
In its letter, the school has questioned why similar scrutiny is not applied to other heritage buildings across the city. “If the state is genuinely concerned about public safety and compliance, it should adopt a uniform approach rather than targeting individual institutions arbitrarily,” the letter states, calling for consistency in the enforcement of regulations.
Advocate Godfrey Pimenta, who submitted the letter on behalf of the school, emphasised that such long-standing educational institutions should be permitted to operate as long as they adhere to all necessary safety guidelines.
He pointed out that the school undergoes a structural audit every four years and submits a ‘Structural Stability Certificate’ to the Municipal Corporation of Greater Mumbai (MCGM). Additionally, the school also provides a fire safety certificate to demonstrate its compliance with safety standards.
As per Section 353B of the Mumbai Municipal Corporation Act, any building that has completed 30 years of existence is mandated to undergo a structural audit to assess its stability and safety. These audits are a crucial part of ensuring that older buildings remain fit for occupation and do not pose a risk to students and staff.
Meanwhile, Devidas Mahajan, Education Inspector (South), confirmed that an investigation into the matter is currently underway. “At this stage, no conclusive decision has been reached. We will carefully consider the school’s perspective before making any determinations,” he stated.
The Maharashtra state education department had recently ordered an inquiry after receiving a complaint regarding the school’s operation in an unauthorised building. The department has since directed the education section of the MCGM to thoroughly examine the matter and submit a detailed report before any further action is taken.
Crime
Pune rape case: Transport Minister orders safety audit of depots & disposal of scrapped buses by April 15
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Mumbai, Feb 27: A day after 26 year old woman was raped inside the state transport bus in Swargate depot from Pune, Maharashtra Transport Minister Pratap Sarnaik on Thursday announced a slew of measures to upgrade security in buses and depots of the Maharashtra State Road Transport Corporation (MSRTC).
The minister called for the use of Artificial Technology, installation of CCTVs and GPS system in buses, installation of alarm and locking systems in buses, disposal of scrapped buses, four-wheelers and two-wheelers currently parked in various depots by April 15 and safety audit of all bus depots.
Further, the minister said the department will appeal to the chief minister Devendra Fadnavis for the deployment of a senior IPS officer in the MSRTC to supervise and handle the security-related issues.
The minister further stated that the department and MSRTC will also seek help from various undertakings and the state security board to deploy more security guards in the bus depots across the state.
Currently, there are only 2,700 security guards, comprising fewer women, so the department will desire more security guards and also about 15 to 20 per cent additional women as security guards.
Sarnaik was speaking after he chaired a high-level meeting with the officers of the transport department and MSRTC to review the present security arrangements at MSRTC depots and further steps to be taken to improve the safety of women in particular. He has already ordered an inquiry into the rape case and asked the administration to suspend the concerned officers if found lapses in their functioning.
“There are about 15,000 buses, including newly inducted EV buses in the fleet of MSRTC. It was decided to use AI to improve security in buses and at the depots. The CCTVs, GPS system, alarm and locking systems will be installed in these buses. In addition, the scrapped buses, two and four wheelers not in use currently, parked at various depots, will be disposed of by April 15 so that the anti-social elements should not take undue advantage. The disposal of these scrapped vehicles will be jointly conducted by the transport department, regional transport offices and MSRTC,” he said.
He further added that there are around 800 bus depots and stations where these security arrangements will be further strengthened and the cleanliness there will also be implemented.
“The department will soon conduct a safety and security audit of these depots,” the minister said.
Sarnaik said that the department will make a special appeal to the Chief Minister Devendra Fadnavis to depute an IPS officer in the MSRTC to look after security aspects. He added that the post has been lying vacant despite the department’s request made in the past.
Sarnaik said that he has already ordered a departmental inquiry by senior officers about the functioning of the assistant transport superintendent and Swargate depot manager. They will be suspended immediately if lapses are found while discharging their duties. He said he has asked the acting MSRTC vice chairman and managing director Vivek Bhimanwar to immediately institute an inquiry.
Sarnaik said that his department accords priority to women’s safety. According to him, under the Mahila Samman Yojana, women are given 50 per cent discount on their travels from MSRTC buses. He further stated that due to this, the number of women passengers has increased substantially.
disaster
Gas Pipeline Burst During Road Excavation In Mahim
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Mumbai: A gas pipeline burst during road excavation in Mia Mohd Chhotani Road on Thursday, causing a fire on the road.
Fire tenders were rushed to the spot. The excavation was being carried out for road repairs.
This is the second incident of a gas pipeline fire in a few days. Previously, a similar incident was reported from Bandra.
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