Supreme Court refuses to extend counselling deadline for post-grad medical seats

The Supreme Court Friday refused to extend the schedule of counselling for filling up as many as 603 vacant seats in post-graduate medical and dental courses in deemed universities and private colleges.

A vacation bench of justices Deepak Gupta and Surya Kant disposed of a plea by the Education Promotion Society of India, a registered group of over 1,300 educational institutions of the country, seeking to extend the counselling to facilitate admission on vacant seats.

The top court had earlier said that the question is not whether it has power to do it but whether it should allow the deemed universities and colleges to fill up their vacant seats by making an exception to the set schedule of admissions.

Deemed universities and colleges had claimed that they have around 1,000 seats vacant in the post-graduate medical courses and if stray vacancy counselling round is extended then such seats could be filled.

VVIP chopper case: Court orders in-camera proceedings for Rajeev Saxena

The Enforcement Directorate did not seek any further custody of Rajeev Saxena, arrested in the Rs 3,600-crore AgustaWestland money laundering case, from a Delhi court on Tuesday.

Rajeev  Saxena, whose ED custody ends Tuesday, sought to talk to Special Judge Arvind Kumar in private, without the presence of his lawyers, after which the court initiated in-camera proceedings in the case.

On Friday, the agency had sought his custody from the court, saying the probe is at a crucial stage.

Saxena is one of the accused named in the chargesheet filed by ED in the case.

Christian Michel, former AgustaWestland and Finmeccanica directors Giuseppe Orsi and Bruno Spagnolini, former Air Force chief SP Tyagi and Saxena’s wife Shivani have also been named by the agency in the chargesheet.

Laws like animal protection and prevention of cruelty need to be implemented strongly: Delhi Court

A Delhi court has expressed displeasure over animals being subjected to cruelty during transportation and then released to their violators as a “matter of convenience”.

The court said it has to be seen that laws relating to animal protection and prevention of cruelty are firmly implemented and a nation whose roots are strongly embedded in the principles of ‘Ahimsa’, does not permit cruelty to animals.

Special Judge Kamini Lau said the courts cannot turn a blind eye on animal rights violation and dismissed the revision petition filed by Rajasthan resident Bajrang, whose animals were confiscated and who was fined Rs 1,000 for transporting 76 goats and 23 sheep on a truck in an inhuman manner.

While refusing to release the herd of goats and sheep to Bajrang, who was convicted under the Prevention of Cruelty to Animals Act, the court also said that none of the transport of animals rules were followed by him and he had pleaded guilty before the trial court.

“Day in and day out we see truck loads of hapless animals writhing in pain, piled one upon the other heading towards abattoirs with the younger and weaker being suffocated to death in full public view with shocked passer-byes as helpless and unable to do anything to ameliorate the sufferings of these animals despite all laws being in place,” the court observed.

It court said that the vehicle which transported the animals was not having any permit to do so.

The special judge refused to release the animals as he failed to prove that animals, if released to him, shall not be exposed to further cruelty.

The court said that according to law, a valid health certificate issued by a qualified veterinary surgeon to the effect that the sheep and goats are in a fit condition to be transported and are not suffering from infectious or contagious or parasitic disease was required, but the convict was not able to produce the same.

The judge also said that when ewes, goats or lambs below six weeks of age, are transported, separate panels shall be provided but the same was absent in the vehicle.

The special judge further noted that it was imperative for the courts to take note of the various provisions of laws to punish the offenders against such violence.

“A nation, whose roots are strongly embedded in the principles of ‘Ahimsa’, does not permit any kind of cruelty to be inflicted upon hapless animals and the courts of law cannot turn a blind eye on the enormous violations right under the nose of the state authorities who are duty bound to implement the laws relating to prevention of animals from being put to cruelty,” the court said.

A trial court had on January 4 convicted Bajrang for transporting 99 animals in one truck. The animals were found to be kept in a painful condition in a cramped manner in the truck which was not meant to be used for transporting animals.

The trial court had convicted him and confiscated his animals.

He approached the sessions court after his revision petition was dismissed by the trial court.

Court rejects Kashmiri separatist leader Shabir Shah’s bail

A Delhi court today rejected the bail plea of Kashmiri separatist leader Shabir Shah in a 2007 money laundering case related to alleged terror financing.

Additional Sessions Judge Sidharth Sharma, who had in August last year denied the relief to Shah citing the ongoing probe, dismissed his fresh bail plea.

In his bail application filed through advocate M S Khan, the accused had told the court that investigation into the case was complete as the agency has filed its charge sheet and there was no chance for Shah to hamper the probe.

The court had on August 22 last year rejected Shah’s earlier bail plea after the ED said it was probing whether he had received money from countries such as Pakistan to promote terrorism in India.

On November 15, the court had framed money laundering charges against Shah and alleged hawala dealer Mohammad Aslam Wani in the case. Both the accused have pleaded not guilty and claimed trial.

The central probe agency, in its charge sheet filed under sections of the Prevention of Money Laundering Act (PMLA), had furnished Shah’s statements where he had allegedly told the investigators that he had “no source of income of his own” and that had “not filed any Income Tax Return (ITR).”

The probe agency had recorded the statement of 36-year- old Wani where he allegedly said that he came to Delhi from Srinagar “at the directions of Shah” sometime in April, 2003 and that was the first time he had met him. Wani was arrested by the ED on August 6 from Srinagar.

The ED alleged that Wani was asked by Shah to “work for him (on a commission basis) in collecting hawala money from Delhi and deliver to him at Srinagar”.

The case dates back to August 2005 in which the Delhi Police’s Special Cell had earlier arrested Wani.

Wani had then claimed that he had given Rs 2.25 crore to Shah, following which the ED had registered a case under PMLA against the duo in 2007. He was arrested with Rs 63 lakh, allegedly received through ‘hawala’ channels from the Middle East, and a cache of ammunition, on August 26, 2005.

In 2010, a Delhi court had cleared Wani of terror funding charges in the 2005 case but convicted him under the Arms Act.

Economic offences bring total imbalance in the country: Court

Economic offences bring total imbalance in the national economy, a Delhi court has observed while refusing bail to two directors of a real estate firm alleged to have duped over 8,000 investors.

Special Judge Kamini Lau also rapped the economic offence wing of Delhi Police for clubbing all complaints together in one FIR and said it was an attempt by it to dilute the allegations against the accused.

The court denied bail to Avdhesh Kumar Goel and Atul Gupta, directors of Earth Infrastructure Limited, saying such offences deserved to be dealt with due degree of seriousness and gravity, having regard to their detrimental effect on the economy.

The two have been charged with taking money from about 8,000 investors for eight projects, each worth between Rs 1,200-1,500 crore, which have not been completed or handed over.

“This is a fit case where separate FIR should have been registered by clubbing not more than three complaints in a particular year and not by clubbing all the complaints together in one FIR. There is an attempt on behalf of the investigating agency to dilute the allegations against the accused,” the court said.

The Economic Offences Wing of Delhi Police had filed two charge sheets in the FIRs lodged in relation to residential- cum-commercial projects on the Yamuna Expressway in Greater Noida area of Uttar Pradesh.

The FIR was registered for the alleged offences of cheating, criminal breach of trust and criminal conspiracy under the IPC.

It noted that the project was supposed to be completed within three years after 2012 but out of eight projects, not a single one has been finished yet.

“In case what has been informed to this court that more than 8000 investors have been cheated in respect of investment to the tune of Rs 1,200 crore to Rs 1,500 crore per project, there being eight projects of which not even a single project has been completed or handed over, then it is a serious issue,” the court said while denying bail to the accused.

“The nation is greater than an individual. When such an individual is alleged to have been involved in a serious offence, which affects the society and the nation, release of such person on bail is not proper,” the court said.

Seeking bail, the counsel for the accused said the charge sheet has already been filed and no gainful purpose would be served by further incarcerating them in jail.

Advocate Amit Kumar, appearing for the victim investors, opposed the bail plea saying there were chances that the accused would abscond.

The victims’ counsel also alleged that one of the accused, Goel, was arrested on the basis of a lookout circular while trying to “abscond” to Bangkok.

The court rejected the accused’s plea that they belonged to respectable families, saying it rather emphasises the seriousness of the malady.

“If a person belonging to high status in life would show scant regard to the laws of the country which are for the public good, for protecting our national economy and any violation of such law by such persons must be effectively dealt with,” the court said.

Court dismisses octogenarian’s plea for treatment of son

A court here has dismissed the plea of an octogenarian man to direct Delhi Police to take his 39-year-old son to a government hospital for treatment of his mental illness.

Metropolitan Magistrate Anjani Mahajan rejected the application of Prabhu Dayal, seeking assistance of the police to admit his son to the psychiatric ward of Delhi government’s Institute of Human Behaviour and Allied Sciences (IHBAS).

In his plea, filed through advocate Gaurav Kumar Bansal, Dayal said his son was mentally disturbed and his health was worsening day by day.

The court rejected the plea as there were no medical certificates to prove the case, Bansal said, claiming that the son had destroyed the reports after suffering a mental attack.

“There is a probability that if not given proper treatment and medical facilities, my son may harm himself or any other person in the family,” the applicant said.

He said that his son was under medication from 2011 to 2013 and his health was improving.

However, on one occasion he had a severe mental attack and he destroyed all his medical documents including prescriptions and diagnosis reports which explained his exact mental health, he claimed.

He also stopped taking medicines and refused to visit hospital, the father said.

The application sought grant of an order for taking the son into proper care and guidance of psychiatric ward and a direction to the SHO of Malviya Nagar police station to provide assistance.

Can’t discard case in absence of independent witnesses: Court

 A case of the prosecution cannot be discarded if people are not willing to become witnesses, a Delhi court has said while refusing to set aside the jail term awarded to a man for snatching a woman’s mobile phone.

Additional Sessions Judge S K Sharma, while dismissing the appeal of the convict against a six month jail term given to him for the offence under section 379 (theft) of the IPC, said the trial court had already taken a lenient view regarding the quantum of sentence.

“In my view, the Trial Court has also taken very lenient view against the appellant regarding the quantum of sentence and therefore, the order on sentence does not require any interference by this court and the same is upheld,” the judge said.

Rejecting the contention of the convict that the rickshaw puller in whose vehicle the victim was going home when the incident took place, was not examined during trial, the court said it was not fatal to the prosecution case.

“So far as joining the rickshaw puller in investigation and examining him in the Court is concerned, it is not fatal to the prosecution case for the reason that independent witnesses are not agreeing to become witness. This cannot be a ground to discard the prosecution case,” it said.

According to the prosecution, the woman had boarded a rickshaw at New Ashok Nagar metro station on February 14, 2013 to go home when convict Ravi Kumar suddenly snatched her mobile phone from her hand.

A trial court had in October 2017 held him guilty and sentenced him to six months imprisonment.

In his appeal challenging the order, Kumar had contended that the woman’s testimony was unreliable and no independent witness was examined during trial.

Source : PTI

Court upholds order summoning AIIMS doctor as accused

 A Delhi court has upheld an order summoning as accused an AIIMS doctor for allegedly refusing to treat a patient and misbehaving with his family, saying that direction cannot be interfered with.

Special judge Rajesh Kumar Singh dismissed the revision petition of the junior resident doctor of the premier All India Institute of Medical Sciences (AIIMS) against the magisterial court’s 2016 order summoning him and others as accused.

In his plea against the summoning order, the doctor contended that he was not named in a charge sheet by the police and there was no evidence against him.

The special judge, however, rejected his contention and said, “At the stage of inquiry, the metropolitan magistrate (MM) has the power to summon the accused who have not been charge-sheeted.

“MM can rely upon material placed before him with the charge sheet. At the stage of summoning, MM is not required write a detailed order. The summoning order cannot be interfered with…”

The court further observed that standard of appreciation of the material at the stage of summoning is not to be as high as at the stage of framing of charge which in turn is not as high as at the stage of finally deciding the matter.

“The view taken by the MM in the impugned order is a possible view. The grounds taken by the petitioner in the additional affidavit cannot be considered at this stage as they are arguments, which are still to be submitted before the trial court and it has yet to take a decision on those grounds which may be addressed at the time of arguments on charge,” the judge said.

According to the complaint, on July 13, 2014 at about 9 am, Satpal Singh, along with his two sons, went to the AIIMS emergency department for the treatment of his father.

He alleged that the duty doctor refused to provide treatment to his father after which a heated exchange of words took place, adding that the doctor called two more doctors and security guards and an altercation took place.

However, in a subsequent complaint two weeks later, Singh named the three doctors who slapped and punched him.

An FIR was registered but the police named only the security guards in the charge sheet and not the doctors, it said.

The magisterial court, however, in its July 18, 2016 order, summoned not just the security guards but the three doctors as accused too.

1 month jail term for Jagdambika Pal for violating code

1 month jail term for Jagdambika Pal for violating code
1 month jail term for Jagdambika Pal for violating code

A court here has awarded one-month jail term to BJP MP Jagdambika Pal for violating Model Code of Conduct during the 2014 Lok Sabha elections.

The MP, however, was granted bail by the court soon after.

Pal had been charged for using vehicles more than the permissible limit during a rally in Bansi while campaigning for the 2014 polls.

The then SDM had lodged a case against Pal in Bansi Kotwali for violation of model code of conduct, additional prosecution officer Keshav Pandey said.

Chief Judicial Magistrate Sanjay Chaudhary pronounced the verdict yesterday, additional prosecution officer Keshav Pandey said.

The CJM also imposed a fine of Rs 100 on Pal, he said.

The MP was granted bail by the court soon after, Pandey added

( Source – PTI )

Bhopal gangrape case: Life imprisonment for four accused

Bhopal gangrape case: Life imprisonment for four accused
Bhopal gangrape case: Life imprisonment for four accused

A court here today sentenced four men to life imprisonment for raping a 19-year-old woman near the Habibganj railway station in the city in October.

Additional District and Sessions Judge Savita Dubey awarded the sentence to Golu alias Bihari Chadhar (25), Amar alias Ghuntu (24), Rajesh Chetram alias Raju (26) and Ramesh Mehra alias Raju (45).

“They will remain behind bars for the rest of their lives,” the court said.

The sentence was awarded under IPC sections 307 (attempt to murder) and 376D (gangrape).

The woman was raped near the railway station when she was returning home after attending a coaching class on October 31.

The survivor, daughter of a police couple, had to make rounds of different police stations to get her complaint registered as the police initially refused to lodge an FIR, citing a jurisdiction issue.

After a public outrage over the delay in the registration of the FIR, five police personnel were suspended, while three others, including two IPS officers, were transferred.

A special investigation team (SIT) was set up by the Madhya Pradesh police to probe the crime.

( Source – PTI )