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WhatsApp cannot be used as a substitute by police to serve notice to accused: Supreme Court

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The Supreme Court has ordered the police to not use WhatsApp or other electronic modes as an alternative or substitute mode to serve notice to the accused under Section 41A of Code of Criminal Procedure (CrPC) or Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Section 41A, CrPc or Section 35, BNSS provides for the issuance of notice to accused, whose immediate arrest may not be required, to appear before the police or at such other place as may be specified.

The Bench of Justice MM Sundresh and Justice Rajesh Bindal ordered all the States and Union Territories to issue a Standing Order to their respective police departments asking them to issue such notices only through the prescribed mode of service under the CrPC or BNSS.

“It is made amply clear that service of notice through WhatsApp or other electronic modes cannot be considered or recognised as an alternative or substitute to the mode of service recognised and prescribed under the CrPC, 1973/BNSS, 2023,” the Court ordered.

The Court passed the direction in the Satendar Kumar Antil case in which it has previously passed landmark directions to prevent unnecessary arrests of accused or suspects. Since then, the Court has been monitoring the implementation of its orders.

The top court was recently informed that Haryana government has permitted police to serve Section 41A. CrPC or Section 35, BNSS notices through WhatsApp, e-mail, SMS or any other electronic mode.

On January 21, Senior Advocate Siddharth Luthra, the amicus curiae in the Satendar Kumar Antil case, had flagged that the police should not be allowed to circumvent the mandate of Section 41A, CrPC or Section 35, BNSS in this manner, by serving notices through WhatsApp or other electronic modes instead of following the normal mode of service.

It was also submitted that the top court earlier had upheld a Delhi High Court ruling that the notice served through WhatsApp or other electronic modes is not contemplated as a mode of service under the CrPC.

The Court accepted the submission and issued an order directing the police to strictly comply with the directions issued by it.

Further, the Court directed that notices to witnesses must also only be served through the modes prescribed under the CrPC or BNSS.

“All the States/UTs must issue an additional Standing Order to their respective Police machinery to issue notices under Section 160 of CrPC, 1973/Section 179 of BNSS, 2023 and Section 175 of CrPC, 1973/Section 195 of BNSS, 2023 to the accused persons or otherwise, only through the mode of service as prescribed under the CrPC, 1973/BNSS, 2023,” it ordered.

Moreover, the Bench also directed that all High Courts must hold meetings of their respective Committees to ensure the implementation of the top court’s decisions on a monthly basis. This is to ensure compliance of both past and future directions issued by the apex court at all levels.

It further asked the High Courts to ensure that monthly compliance reports are submitted by the concerned authorities.

The Court will hear the matter next on March 18.

National News

Rahul Gandhi, Kharge condole loss of lives in Malviya Nagar blaze; ask Cong workers to extend help

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New Delhi, June 3: Congress leaders, including party President Mallikarjun Kharge, Lok Sabha Leader of Opposition (LoP) Rahul Gandhi and party MP Priyanka Gandhi Vadra, on Wednesday, expressed grief over the 20 lives lost in the tragic Delhi fire, calling the tragedy “extremely heartbreaking”. They also appealed to Congress leaders and workers to extend every possible help and support to the victims injured in the blaze and the families of the deceased.

At least 20 people were killed, and dozens were injured after a massive fire broke out at the multi-storied Lemon Green Restaurant in Malviya Nagar on Wednesday morning, officials said.

So far, 37 people were rescued and taken to the hospital, while a search for others is underway, officials added.

Congress President Mallikarjun Kharge said he was “deeply saddened” by the news.

“My heartfelt condolences to the families who lost their loved ones and prayers for the speedy recovery of the injured,” he said in a post on X.

He urged the Delhi government and authorities to provide adequate and timely compensation, “including prompt medical care to the victims”.

“I urge Congress workers to extend every possible help and support to the victims in this difficult time,” he added.

LoP Rahul Gandhi called the incident “extremely heartbreaking.”

Taking to X, he said: “I express my deepest condolences to all the bereaved families. I urge all Congress workers to contribute in every possible way to the relief and rescue operations.”

“I hope for the swift recovery of the injured,” Rahul Gandhi mentioned.

Congress MP Priyanka Gandhi Vadra echoed: “The news of the deaths of a large number of people and injuries to nearly three dozen or more due to a fire in a hotel in Malviya Nagar, Delhi, is extremely heartbreaking.”

“May God grant peace to the departed souls. My deepest condolences to the bereaved families. I pray for the swift recovery of the injured,” she wrote in a post on X.

She, too, appealed to Congress leaders and workers to extend their support to the affected people as much as possible.

Senior officials from Delhi Police, Delhi Fire Services and rescue services are present at the scene of the tragedy and were monitoring the situation.

Upon receiving information, ten fire tenders were immediately dispatched to the scene. The fire was soon brought under control. However, the damage was extensive.

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National News

SIR will be used to create a permanent class of excluded Indians: Owaisi

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Hyderabad, June 3: AIMIM president Asaduddin Owaisi on Wednesday said that Special Intensive Revision (SIR) of electoral rolls will be used to create a permanent class of excluded Indians.

He claimed that 6.5 crore names were deleted from the electoral rolls under SIR in 13 states and union territories.

The Hyderabad MP took to ‘X’ to slam the Centre for the proposal to constitute a committee to study the exclusions and build a permanent system for the identification, detention, and deportation of illegal immigrants.

“The Union Government first carried out a document-driven SIR that deleted nearly 6.5 crore names from electoral rolls across 13 States and UTs. Now it wants a committee to study those very exclusions and build a permanent system for the identification, detention, and deportation of illegal immigrants,” posted Owaisi.

“SIR will be used to create a permanent class of excluded Indians. The right to vote is the poor’s only weapon against the powerful. Without it, the government will do what it pleases with them. We are already seeing reports of people being denied the benefits of government schemes.”

“Under the law, a deletion under SIR does not mean that a person is not a citizen. Twenty-seven lakh people are still under adjudication, and many may apply afresh for enrolment as voters through Form 6. The ECI itself has provided no data on the number of people it excluded because they were foreigners. Available data show that most of those excluded by SIR are Muslims, women, the poor, and migrants,” wrote the MP.

“The government’s own data show that our demography and population have stabilised and that our TFR is 2.0. Why do we need this committee, then? So that there can be constant paranoia and fear directed against Muslims,” said the All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief.

“This government loves making Indians waste their time on documentation. Sometimes it is KYC or SIR; sometimes it is uploading some document to some portal. But it cannot conduct a simple exam properly. Common people are scrutinised by the government, but the government cannot be scrutinised by us,” he added.

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Crime

Module busted by Delhi Police reveals Dawood still operating from Clifton Road, Karachi

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New Delhi, June 2: The Special Cell of the Delhi Police busted a major terror module being run by the Dawood Ibrahim syndicate. The terror module was planning on carrying out attacks in Delhi and Mumbai, said the police following the arrests of the eight people. During the questioning of the accused, one interesting point that came up is that Clifton Road in Karachi continues to remain a safe house of notorious underworld don, Dawood Ibrahim.

The accused told the police that they mainly interacted with a key aide of Dawood Ibrahim Muddasar Hussain Sayyed, alias Munna Jhingada.

An official said that the very fact that the operation was being handled from Clifton Road area makes it clear that Dawood Ibrahim is residing out there.

This is his most well-known address and the ISI keeps him there are it is his safest bet.

Dawood has many other addresses in Pakistan, but for major operations, he operates from Karachi as this is the safest place for him to be in Pakistan.

The official said that Dawood has five addresses, all in Karachi. While the main one is at Clifton, near the Saudi Mosque in Karachi, the others are the Defence Housing Authority, the Noorbad area and the 617 CP Berar Society. In fact he has two addresses in Clifton itself, the official explained.

Another official said the probe into the busting of the recent module reveals that all Dawood’s close aides reside around him. The drug operations or terror modules being set up are all monitored from the Clifton area, near the Saudi Mosque in Karachi, the official further explained.

Post ‘Operation Sindoor’, there were reports about Dawood Ibrahim being shifted out. An Intelligence Bureau official said that he was moved around the five addresses briefly to avoid being hit by the Indian armed forces.

However, once the heat was down, he was back at his Clifton address, the official added.

Officials also say that the location is strategic and also safe. It is the ISI’s regional directorate in Karachi which oversees his protection.

Although the ISI’s national headquarter is based in Islamabad, Karachi houses a massive ISI Regional Directorate (Field Office).

The probe by the Delhi Police also revealed that several ISI officials were part of the planning. They would regularly meet with Jhingada and give him instructions on how to go about the attacks in India.

Investigators have found that the primary targets of the module were Delhi and Mumbai. They were planning on carrying out attacks in other cities depending on the success of the first wave of attacks, investigations have found.

Jhingada established the command centre near Dawood’s residence. This centre was being fully monitored by the ISI officials. They not only ensured that operations ran smoothly, but also heavily guarded the premises, an official said.

The accused persons said that Jhingada along with his associates monitored every aspect, right from recruitment to procurement of arms.

The Dawood Syndicate had earmarked Rs 20 lakh for the module after the successful completion of the project.

Officials say that they were not being treated as run of the mill terror operatives. This was more of a hit job that the ISI wanted to undertake and this explains why the agency wanted the underworld to be involved.

The probe further revealed that the ISI even ensured that the weapons reach India safely.

Jhingada, with the help of the ISI operatives, managed to drop off hand grenades in Gurdaspur Punjab.

The Delhi Police had seized a large cache of weapons and hand grenades during their operation. The idea was to hurl grenades at important locations, the probe found.

Such an operation is not only easy to execute, but it is also cost effective, an official said.

The accused persons had even asked about their exit plan once the attacks were executed. Jhingada assured them a safe passage into Nepal, following which they would be flown to Dubai.

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