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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

Students end hunger strike as Jharkhand govt cancels JSSC-CGL, TDPL Exams; agitation continues over CBI probe

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Ranchi : Four students, including student leader Devendra Nath Mahto, ended their hunger strike on Tuesday after the Jharkhand government announced the cancellation of all examinations conducted by the Jharkhand Staff Selection Commission (JSSC) and TDPL. However, the JPSC-JSSC Reform Forum has announced that its agitation will continue over its demand for a CBI probe into alleged irregularities in recruitment examinations.

The four protesters, Devendra Nath Mahto, Umm-e-Habiba, Prem Nayak and Kush Mahto, ended their hunger strike at around 1.15 a.m. at Ranchi Sadar Hospital after the state government’s decision. Ministers Deepika Pandey Singh and Irfan Ansari offered them juice to formally end the fast.

Speaking after ending his hunger strike, Mahto said, “Today, on the 16th day of our hunger strike, we ended our fast in a dignified manner. With the joint initiative of Jharkhand Health Minister Irfan Ansari, Minister Deepika Pandey and our MLA Jairam Mahto, we decided to suspend our hunger strike. All the demands for which we had been protesting constitutionally and peacefully have been fulfilled…”

JLKM president Jairam Kumar Mahato also welcomed the government’s decision, calling it historic. “I would undoubtedly thank the government. This is a historic decision, as the CGL examination process had already reached the joining stage. Despite this, the government respected the sentiments of the students…” he said.

The decision to cancel all examinations conducted by JSSC-CGL and TDPL was taken at a special Cabinet meeting chaired by Chief Minister Hemant Soren on Monday.

The announcement triggered celebrations among students protesting at Jaipal Singh Munda Stadium. Despite heavy rain, protesters embraced each other, distributed sweets, raised slogans and celebrated with colours and fireworks. They described the cancellation of the JSSC-CGL examination as a major victory after 24 days of agitation.

However, the students made it clear that their movement has not ended completely. Their key pending demand is a CBI investigation into alleged irregularities in recruitment examinations.

JPSC-JSSC Reform Forum spokesperson Ravindra Paswan said the government had accepted their most important demand by cancelling the examinations, but no decision had yet been taken on the CBI probe. He said the agitation would continue until there was clarity on the issue.

Student leader Piyush Kumar termed the government’s decision the “first major victory” but said several issues, including the 11th to 13th JPSC Civil Services Examination, remain unresolved. The protesters will review the government’s decision and official notification before deciding their next course of action.

Chief Minister Hemant Soren had earlier said the SIT and CID investigations into the JSSC-CGL matter had revealed several important and startling facts, including indications of alleged collusion among different agencies.

The government has also decided to conduct a comprehensive enquiry into recruitment examinations conducted by the JPSC and JSSC since 2014. In addition, a committee headed by IAS officer Amitabh Kaushal has been constituted to recommend reforms to make the examination process more transparent and prevent irregularities in the future.

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National News

No move to NDA: Sharad Pawar ends speculation, directs NCP(SP) workers to rebuild from Oppn benches

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In a decisive move aimed at dispelling weeks of intense political rumour-mongering, Nationalist Congress Party (SP) chief, Sharad Pawar, has explicitly informed party workers that the organisation will remain firmly in the Opposition and not join the NDA.

Speaking during a crucial two-day internal strategy session held over the weekend, the Maratha strongman directed party workers to ignore realignment chatter and focus on grassroots mobilisation to challenge the ruling establishment in Maharashtra and at the national level.

The internal directive definitively puts to rest persistent speculation that the NCP(SP) was contemplating a shift towards the BJP-led National Democratic Alliance (NDA) or the ruling Mahayuti coalition in Maharashtra.

It also formally closes the door on any potential reunion or merger with the faction led by Deputy Chief Minister Sunetra Pawar.

The explicit stance from the NCP founder serves as a key stabilising development for the Maha Vikas Aghadi (MVA) coalition in Maharashtra, reassuring its primary partners—the Shiv Sena (Uddhav Balasaheb Thackeray) and the Indian National Congress (INC).

Rumours of a potential rift within the MVA had intensified over recent weeks following high-level courtesy visits and administrative meetings.

A delegation of eight NCP(SP) Lok Sabha MPs led by Working President Supriya Sule and MP Bajrang Sonawane recently met Prime Minister Narendra Modi and Union Home Minister Amit Shah.

Additionally, Sharad Pawar’s routine courtesy meetings with government executives further fuelled political realignment theories.

Addressing these misgivings, the party leadership clarified that administrative dialogues with central and state ministers are purely intended to pursue constituency development, agrarian relief, and public interest matters — a standard parliamentary approach that does not compromise the party’s core political opposition stance.

Outlining the party’s action plan following the strategy meetings, Maharashtra unit president Shashikant Shinde confirmed that the NCP(SP) is launching a comprehensive campaign across the state.

“Our party President Sharad Pawar personally attended the two-day strategy session and clarified our stand very clearly. NCP(SP) will work as an effective Opposition in the state and at the national level. The party will launch a statewide exercise including tours, workshops, brainstorming sessions, and public agitations focussing on further strengthening the party organisation,” Shinde stated.

Senior leaders, including Supriya Sule and Shashikant Shinde, have already concluded organisational review meetings across four major regions — Vidarbha, Western Maharashtra, North Maharashtra, and Marathwada — with the Konkan region scheduled next.

District heads have been instructed to immediately fill vacant organisational posts created after the July 2023 party split and prepare local units for aggressive street-level agitations focussed on local civic, economic, and agricultural crises.

Political observers note that Sharad Pawar’s firm refusal to align with the BJP allows the NCP(SP) to protect its secular and regional identity, maintaining a distinct ideological separation from the faction led by Sunetra Pawar.

Strengthening district-level machinery positions the NCP(SP) to effectively contest local body and state elections within the MVA seat-sharing frameworks.

Maratha strongman Sharad Pawar’s direct instruction eliminates speculative narratives, ensuring the party mobilises as an active Opposition force across Maharashtra.

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Crime

Delhi Crime Branch busts auto-lifter network, three arrested; five stolen cars recovered

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New Delhi : The Delhi Police Crime Branch has arrested three alleged members of an organised auto-lifting and vehicle disposal network involved in the theft and resale of cars, recovering five stolen vehicles, 104 forged High Security Registration Plates (HSRPs) and 24 forged Registration Certificates (RCs), officials said on Monday.

According to a press release issued by the Crime Branch, the accused have been identified as Amit Nagar alias Sonu, 35, a resident of Rohini; Atom Jagat Singh, 45, of Imphal East, Manipur; and Potsangbam Mukesh Singh, 28, also from Imphal East.

The Crime Branch said the gang was allegedly operating under the leadership of Nagar and had a network extending across several states. The police said Nagar disclosed during interrogation that he had supplied more than 100 stolen high-end cars to receivers in different states across India.

“In a well-planned operation, the gang leader, Amit Nagar @ Sonu, was arrested following invocation of the MCOCA,” the Crime Branch said in its release.

The investigation began with the scrutiny of vehicle theft cases, CCTV footage and field Intelligence. On May 12, police apprehended Potsangbam Mukesh Singh from Chhatarpur Enclave Phase-II and recovered forged RCs from his possession. A subsequent search of his rented premises led to the recovery of an instrument used for fixing registration plates, 104 forged HSRPs and 22 forged RCs.

At his instance, a stolen Maruti Baleno was recovered from Wazirabad. On May 14, police arrested Atom Jagat Singh and recovered another stolen Maruti Swift from Mukherjee Nagar at his instance.

Amit Nagar was arrested on July 28, following which a stolen Maruti Swift Dzire was recovered, police said. During the investigation, the Crime Branch said it found that Nagar allegedly operated a network through associates who purchased stolen vehicles and arranged their disposal in other states.

On August 13, two more stolen vehicles, a Kia Seltos and a Hyundai Creta, were recovered from Ukhrul district in Manipur, near the Myanmar border, at the instance of Atom Jagat Singh. Police said the vehicles had been stolen in Delhi and were allegedly brought to the border area for disposal and were intended to be sold to underground groups.

The Crime Branch said the alleged syndicate used duplicate keys, electronic equipment and computer-based devices to bypass vehicle security systems and target high-end cars and SUVs. It also allegedly used forged registration documents and number plates to facilitate the resale of stolen vehicles.

The police said the accused operated through associates in states including Manipur, Nagaland, Rajasthan, Punjab, Assam and West Bengal. The investigation is continuing to identify other alleged members of the network, trace additional stolen vehicles and establish the complete chain involved in their theft, transportation and disposal.

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