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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.

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J&K to receive Rs 5.5 billion investment in tourism sector: Omar Abdullah

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Omar Abdullah

Srinagar, Dec 13 (IANS) Chief Minister Omar Abdullah said on Saturday that J&K is set to receive Rs 5.5 billion investment in the tourism sector under an externally funded project.

Omar Abdullah hoped that the investment and collective effort would help J&K establish itself again as India’s leading adventure tourism destination.

Earlier in the day, the Chief Minister inaugurated Asia’s longest ski drag lift at Kongdori, Gulmarg. This landmark addition will significantly enhance skiing infrastructure and further strengthen Gulmarg’s standing on the international winter sports map.

The Chief Minister also inaugurated the rotating conference hall at Affarwat, Gulmarg. He was accompanied by Advisor Nasir Sogandi, MLA Gulmarg Farooq Shah and MLA Zadibal Tanvir Sadiq.

Later Addressing a gathering of adventure tour operations, who are here to attend 17th annual convention of the Adventure Tour Operators Association of India (ATOAI) being held from December 17th to December 20th, the Chief Minister said Jammu and Kashmir has immense natural potential and, if properly blended with professional experience and coordinated work, there would be no difficulty in restoring its past position in adventure tourism.

Omar said he had made the point earlier as well that the success of tourism should not be measured by bringing tourists to Kashmir once, but real success would be achieved only when tourists feel motivated to return repeatedly, year after year.

He said the approach of the government and the tourism sector should always be centred on long-term engagement with visitors.

“Our attempt should be that tourists say they will not go anywhere else and will come only to Kashmir to celebrate their vacations. Such a goal could be achieved only if all stakeholders worked together,” he said.

The Chief Minister added that the tourism department and all related agencies must act in coordination to strengthen the sector and improve the overall tourist experience.

“It has been extremely difficult for Jammu and Kashmir, with setbacks and troubling incidents emerging from different places almost every month. At times, it felt as if the region was being repeatedly hit from one side or another,” he added.

Omar said that even the hope of some relief during winter did not fully materialize as the season remained largely dry, which further impacted tourism and those dependent on it for their livelihoods. He asked people to pray for snowfall, but not in such a measure that it becomes unbearable.

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Mamata Banerjee announces judicial committee to probe chaos at Salt Lake Stadium over Lionel Messi’s visit

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Kolkata, Dec 13: With chaos and vandalism breaking out at Salt Lake Stadium on the northern outskirts of Kolkata on Saturday over high ticket prices and limited access to Argentinian soccer star Lionel Messi during his visit to the stadium, West Bengal Chief Minister Mamata Banerjee announced setting up a judicial committee headed by a retired judge of the Calcutta High Court to probe the mismanagement that led to the chaos.

With the agitators resorting to a rampage within the stadium over limited access to Messi despite purchasing tickets at exorbitant prices, the police had to resort to a massive lathi charge and deploy Rapid Action Force (RAF), following which the Argentinian soccer star left the stadium early.

The Chief Minister was on her way to the stadium. However, on receiving the news of the ruckus at the stadium, she directed her driver to turn back the car. Soon after that, she issued a statement announcing her decision to set up a judicial committee headed by a retired judge of the Calcutta High Court to probe the mismanagement that led to the chaos.

“I am deeply disturbed and shocked by the mismanagement witnessed today at Salt Lake Stadium. I was on my way to the stadium to attend the event along with thousands of sports lovers and fans who had gathered to catch a glimpse of their favourite footballer, Lionel Messi. I sincerely apologise to Lionel Messi, as well as to all sports lovers and his fans, for the unfortunate incident,” the Chief Minister said in her social media statement.

Announcing the decision to form the judicial probe committee, she said that the committee will be headed by Justice (Retd) Ashim Kumar Ray. The state chief secretary, Manoj Pant, and the additional secretary to the state home and hill affairs department, Nandini Chakraborty, will be the two other members of the probe panel.

“The committee will conduct a detailed enquiry into the incident, fix responsibility, and recommend measures to prevent such occurrences in the future. Once again, I extend my heartfelt apologies to all sports lovers, the Chief Minister added.

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Lionel Messi GOAT India Tour: Traffic Diversions Announced In Mumbai On December 14 | Know Restrictions For Roads Around Wankhede Stadium

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Mumbai: The Mumbai Police has announced traffic diversions as football fans in the city are set for a major attraction, with Argentina skipper and World Cup winner Lionel Messi scheduled to visit Mumbai on December 14. The global football icon will visit Wankhede Stadium, where the event is set to begin at 5 pm. With a large turnout expected, the police have put special traffic arrangements and diversions in place to manage crowd movement and ensure smooth traffic flow in and around the stadium area.

diversions will be effective on 14 December from 12:00 pm to 11:00 pm.

According to the report, commuters heading to Wankhede Stadium should note that no parking will be permitted inside the stadium premises. As per the report, parking restrictions will be there on C, D, E, F and G roads. In addition to this, along with these, there will also be restrictions on Veer Nariman, Dinshaw Vachha, Jamshethji Tata and N.S. Road.

To manage traffic flow, one-way movement will be implemented on D Road (west to east) and E Road (southbound). Entry and movement on Veer Nariman Road will also remain restricted during this period.

Several road closures have also been announced, including the Coastal Road stretch between Marine Drive and Worli/Tardeo, and Chandra Bose Road, according to the report.

For those arriving by car, parking facilities will be available on a limited basis near Churchgate, HT Parekh Marg, Dorabaji Tata Road, Jamanalal Bajaj Marg and Vidhan Bhavan.

Messi’s Mumbai visit will begin with his participation in a high-profile charitable fashion showcase, where memorabilia from Argentina’s historic 2022 World Cup win will be auctioned. The proceeds from the auction will be donated to charitable causes, adding a meaningful layer to the event.

As per media reports, Bollywood heavyweights such as John Abraham, Kareena Kapoor Khan, and Jackie Shroff are expected to join the showcase.

Sport will take centre stage again at the Cricket Club of India, which will host a special Padel Cup. The friendly yet competitive match is set to feature cricket icons, including Sachin Tendulkar, alongside celebrity guests. A separate 7v7 celebrity football match with Bollywood actors is also reportedly in the works, promising crowd-pleasing entertainment.

At Wankhede Stadium, fans will witness Messi in his element. The football icon will conduct an exclusive coaching clinic for 60 children, 30 boys and 30 girls, selected from emerging football talent pools. The stadium event also includes interactive penalty shootouts and a masterclass led by Messi himself, followed by a musical concert celebrating his legacy.

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