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Tuesday,13-May-2025
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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

India is eternally grateful to armed forces: PM Modi visits Adampur Airbase after ‘Operation Sindoor’

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New Delhi, May 13: Prime Minister Narendra Modi on Tuesday morning visited the Adampur Airbase in Punjab to meet Indian Air Force personnel and express the nation’s gratitude for their courage and fearlessness in defending the country.

His visit comes just days after India and Pakistan agreed to a ceasefire following the successful execution of ‘Operation Sindoor’, a major anti-terror operation conducted by Indian forces targeting high-value terror hubs in Pakistan and Pakistan-occupied-Kashmir (PoK).

At the base, the Prime Minister interacted with the soldiers, praising their bravery and valour.

Soldiers present at the interaction described the visit as a morale booster, noting how the Prime Minister’s presence uplifted the spirit of the troops, according to sources.

The soldiers were seen smiling in their combat uniforms, a symbol of their constant readiness.

Sharing his experience on X, PM Modi wrote, “Earlier this morning, I went to AFS Adampur and met our brave air warriors and soldiers. It was a very special experience to be with those who epitomise courage, determination and fearlessness. India is eternally grateful to our armed forces for everything they do for our nation.”

Adampur Airbase was among the targets of Pakistan’s retaliatory attempt during the night of May 9 and 10, following India’s strike on terrorist infrastructure across the border.

Pakistani drones and missiles were intercepted and neutralised by India’s air defence systems, showcasing the preparedness and effectiveness of the Indian armed forces.

The visit also coincided with PM Modi’s recent address to the nation where he commended the armed forces for the execution of ‘Operation Sindoor’, stating that it had achieved its objectives with precision and resolve.

“I salute the armed forces, Intelligence agencies and scientists for their grit that helped ‘Operation Sindoor’ achieve its objective,” the Prime Minister said.

Reaffirming India’s new doctrine in its fight against terrorism, PM Modi had said that ‘Operation Sindoor’ was dedicated to the nation’s collective spirit, particularly to the women of India, whose safety and honour were at the heart of the mission.

He underlined that the operation had sent a clear message to terrorist organisations and their backers — that any attack on India or its citizens would be met with decisive and powerful retribution.

“The world has seen India’s capability and it is clear terrorists will no longer be spared,” he asserted.

The Prime Minister stressed that ‘Operation Sindoor’ marked a new and unwavering chapter in India’s counter-terrorism strategy — one that is relentless, precise, and uncompromising.

He emphasised that India’s military carried out highly targeted strikes on terrorist hideouts in Pakistan, reinforcing the country’s resolve to safeguard its citizens and national values.

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Crime

15 labourers die after consuming spurious liquor in Amritsar

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Chandigarh, May 13: At least 15 men have died after allegedly consuming spurious liquor in four villages of the Majitha area in Amritsar district, officials said on Tuesday.

The deceased, mostly labourers working in brick kilns, include residents of Bhangali, Marari Kalan Therwal and Patalpuri villages.

Superintendent of Police (Amritsar Rural), Maninder Singh said the main accused Prabhjit Singh has been arrested and he turned out to be the mastermind behind supplying the spurious liquor.

A First Information Report (FIR) was on Tuesday registered under Section 105 of the BNS and 61-A of the Excise Act.

The others arrested were Kulbir Singh, alias Jaggu, a brother of the main accused Prabhjit Singh, Sahib Singh, alias Sarai, Gurjant Singh and Ninder Kaur, wife of Jeeta.

The Investigation Police Officer told the media that preliminary investigation indicated that “all took liquor from a single source on Sunday evening. Some of them died on Monday and locals cremated them without informing the police. We received information about the deaths due to liquor late in the evening (Monday) and initiated an investigation.”

A spokesperson for the government said an investigation of the entire spurious liquor network is on.

In March 2024, as many as 24 people had died in Sangrur due to spurious liquor. Earlier in 2020, more than 100 people died across Punjab in one of the deadliest illicit liquor tragedies.

As the war against drugs ‘Yudh Nashian Virudh’ to eradicate the drug menace from the state completed 72 days on Monday, Punjab Police registered 6,280 FIRs and arrested 10,444 drug smugglers.

Notably, Chief Minister Bhagwant Singh Mann had asked the Commissioners of Police, Deputy Commissioners and Senior Superintendent of Police to make Punjab a drug free state.

Since the launch of the ‘Yudh Nashian Virudh’ campaign, Punjab Police under the directions of Director General of Police (DGP) Gaurav Yadav has been conducting different operations including cordon and search operations, night domination and raids at drug hotspots across the state.

Special Director General of Police (Special DGP) Law and Order, Arpit Shukla, who has been monitoring these operations, on Monday said that police teams have recovered 398 kg heroin, 186 kg opium, 117 quintals poppy husk, 8 kg charas, 135 kg ganja, 2.5 kg ICE, 1.2 kg cocaine, 23.57 lakh intoxicant pills/tablets and Rs 8.58 crore drug money from their possession.

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National News

India to brief foreign Defence Attaches on ‘Operation Sindoor’ today

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New Delhi, May 13: India will brief Defence Attaches (DAs) from various countries based in New Delhi on Tuesday at 3:30 p.m., providing them with technical details of ‘Operation Sindoor’, the country’s recent anti-terror military offensive.

The Indian armed forces are set to share critical insights and operational data, including the performance of the indigenous air defence systems and outcomes of the strike missions carried out between May 7 and May 10.

Sources confirmed that the session will cover a wide array of developments, including the destruction of Chinese and Turkish-made drones and PL-15 missiles by India’s air defence forces, preventing any breach into Indian airspace.

The move comes a day after Director General of Military Operations (DGMO) Lt Gen Rajiv Ghai addressed the media, stating that the budgetary and policy support received by the armed forces over the past decade enabled the creation of a robust multi-layered air defence grid.

He said the system proved to be a decisive shield during Pakistan’s retaliatory aerial attacks on May 9 and 10. “Our battle-proven systems performed exceptionally, and the indigenous Akash missile system played a critical role,” Lt Gen Ghai noted.

The briefing to the Defence Attaches will also include details of a hotline conversation that took place on Monday evening around 5 p.m. between the Indian and Pakistani DGMOs.

Lt Gen Ghai and his Pakistani counterpart, Maj Gen Kashif Abdullah, reportedly discussed methods to restore calm along the Line of Control and reiterated commitments to the ceasefire understanding reached after the Indian operation halted at Pakistan’s request on May 10.

Official sources said that Pakistan conveyed it would not escalate the conflict and expressed willingness to adhere to the ceasefire agreement. The hotline exchange between the two military leaders also included discussions on maintaining restraint and monitoring the situation moving forward.

Meanwhile, Prime Minister Narendra Modi on Monday addressed the nation for the first time following the understanding that ended the intense military exchanges.

He reiterated India’s hardline stance against Pakistan, stating unequivocally that New Delhi will not hold any dialogue with Islamabad except on issues related to terrorism and Pakistan-occupied-Kashmir (PoK).

“The Kashmir issue cannot be viewed in isolation from Pakistan’s continuous export of terrorism,” the Prime Minister said.

He strongly criticised Pakistan’s military and government for protecting and promoting terror outfits, warning that such support could bring about their eventual downfall.

PM Modi’s remarks also come amid reports that Pakistan attached certain conditions to the ceasefire, including a proposal to revive the Indus Waters Treaty, which India had suspended as a non-military strategic pressure tactic.

However, India has maintained that talks, if any, will remain confined strictly to terrorism and PoK.

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