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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

SC allows NBE to schedule NEET-PG 2025 exam on August 3

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New Delhi, June 6: The Supreme Court on Friday allowed an application filed by the National Board of Examinations (NBE) seeking permission to schedule the National Eligibility-cum-Entrance Test (NEET)-PG 2025 on August 3.

A Bench of Justices Prashant Kumar Mishra and Augustine George Masih took note of the submission that August 3 was the earliest possible available date given by its technology partner for conducting the NEET-PG 2025 examination in terms of the recent apex court order.

Allowing the application filed by the NBE to conduct the NEET-PG 2025 examination on August 3, the Justice Mishra-led Bench clarified that no further time extension will be allowed by the top court.

In an order passed on May 30, the Supreme Court deprecated the practice of conducting the NEET-PG exam in two shifts and opined that holding the examination in two shifts leads to arbitrariness and cannot give a level playing field to the candidates.

It ordered the NBE to make necessary arrangements for holding the NEET-PG 2025 examination in one shift, duly ensuring that complete transparency is maintained and secure centres are identified and commissioned.

“The question papers in two shifts can never be of the same difficulty level. Last year, it (NEET-PG 2024) may have been held in two shifts in the facts and circumstances of that stage. But the examining body ought to have considered making arrangements for holding the examination in one shift,” the Supreme Court had remarked.

The apex court was dealing with a clutch of petitions challenging the lack of transparency in the conduct of the NEET-PG examination.

In their plea filed before the apex court, NEET-PG aspirants claimed that the introduction of two shifts, normalisation method, and change in the tie-breaker criterion affected medical students adversely. The petitioners said that NEET-PG had never been held in two shifts before and had always remained a single-shift and single-day examination to ensure a uniform examination standard and fairness of the national test.

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National News

J&K eagerly awaits PM Modi heralding a new dawn of progress

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Jammu, June 6: As Prime Minister Narendra Modi arrives in Jammu and Kashmir on Friday to flag off the Vande Bharat train service from Katra to Srinagar and lay the foundation/inaugurate projects worth Rs 46,000, people are eagerly looking forward to a new developmental dawn on the union territory’s horizon.

PM Modi is scheduled to rewrite history by realising the over 70-year-long dream of the people in Kashmir, for whom the journey from the landlocked Valley to the rest of the country looked a distant prospect.

As the entire security apparatus drawn from the special protection group (SPG), army, CAPFs and the local police are maintaining the hawkeyed vigil on the security situation to ensure a peaceful and hassle free visit of the PM, the common man in J&K is enthusiastic about the events of the day going to change the future of the UT.

The Jammu-Srinagar national highway has always been the heartburn for millions of people living in the Kashmir Valley because of the highway’s undependability.

A small trickle of rain would trigger landslides, mudslides, shooting stones and caving in of the road, resulting in a blockade lasting days at a stretch on the Jammu-Srinagar highway.

The blockade of the Jammu-Srinagar highway is going to be of little consequence after Saturday, when the commercial operations of the Vande Bharat train service begin.

“All our horticulture, agriculture and handicrafts, including shawls, carpets, and walnut wood furniture, etc., suffer because of the huge transportation cost and the time taken for such products to reach the terminal markets.

“For Kashmir’s future generations, this story is now going to be a forgotten tale of the past. Goods trains will now transport our produce in the shortest possible time at low freight and without any uncertainty about arrival,” said Abdul Salam Mir, 64, a businessman living in Srinagar city.

Students travelling to seek admissions in professional colleges, patients going out for treatment, businessmen travelling to outside markets, and the common man looking for comfort, affordability and certainty of travel, all people living in Kashmir Valley are going to benefit from the train coming to Kashmir.

People outside the Valley, including tourists, businessmen and professionals, will equally benefit.

“From the point of view of integration and unity of the country, the railway link between Kashmir to Kanyakumari is a powerful political message the PM is going to send from Katra town today”, said Krishen Chand, 52, a resident of Katra town.

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Crime

Stampede case: RCB Marketing Head, DNA staffers among four held in Bengaluru

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Bengaluru, June 6: Four people, including the Royal Challengers Bengaluru (RCB) Marketing Head and DNA Event Management Company staffers, were arrested on Friday in connection with the stampede near the Chinnaswamy Stadium in Bengaluru that claimed 11 lives.

Nikhil Sosale, Head of Marketing for RCB, along with Sunil Matthew, Kiran, and Sumanth from DNA Event Management, have been arrested, according to the police.

Police said the accused have been arrested in a joint operation at the Bengaluru International Airport.

The police have also raided the residences of Karnataka State Cricket Association (KSCA) Secretary Shankar and KSCA Treasurer Jayaram.

The personnel of the Cubbon Park police, who have registered the case in this regard and the special wing of the Central Crime Branch (CCB) conducted the joint operation.

The arrested individuals were on their way to Mumbai. All four accused have been brought to the Cubbon Park Police Station, where they were being interrogated by Seshadripuram Assistant Commissioner of Police (ACP).

Even after the permission for the victory parade was not given, Sosle posted a message on social media about the victory parade and later deleted it, the police said.

He also announced that free tickets are available at the Stadium for the victory celebration event.

He allegedly further announced that the tickets would be available at Gate numbers 9 and 10 at 1 p.m. on Wednesday, and did not make arrangements to distribute the tickets.

The post was also made on the Royal Challengers’ official handle that the entry will be given at 3 p.m. This post has led to the gathering of lakhs of people, police said.

The DNA Company has acted as per the directions of Sosle. Among the total 21 gates, only three gates were opened, creating chaos.

Karnataka Chief Minister Siddaramaiah on Thursday announced the suspension of five senior police officers, including the Bengaluru Police Commissioner and DCP (Central Division), in connection with the stampede incident on June 4.

“Such an incident has not occurred since I became an MLA, minister, Dy CM, and Chief Minister. This incident has deeply saddened us,” he stated.

The Karnataka Police in the FIR claimed that the accused parties — RCB franchise, DNA event management firm, and the Karnataka State Cricket Association (KSCA) Administrative Committee — organised the victory celebration without the necessary permissions.

The FIR has been registered under Sections 105 (culpable homicide not amounting to murder), 115(2) (voluntarily causing hurt), 118(1) (voluntarily causing hurt or grievous hurt by using dangerous weapons or means), 118(2) read with Section 3(5) (voluntarily causing grievous hurt, when the act is done by several persons in furtherance of common intention), 190 (unlawful assembly), 132 (criminal force to deter a public servant), 125(a) (filing false affidavit), and 125(b) (rash and negligent acts that endanger human life) of Bharatiya Nyaya Sanhita.

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