Wife alleges Triple Talaq , FIR against Lawyer

On Thursday afternoon, an FIR has been registered against a 31-year-old lawyer after his 26-year-old wife alleged that he gave her triple talaq, outside Parliament Street police station. A case under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act has been registered.

Additional DCP (New Delhi) Deepak Yadav said, “An FIR was filed Friday; no arrest has happened so far. We are collecting evidence & investigating the matter. This is the first case of triple talaq in the New Delhi district.”

The Muslim Women (Protection of Rights on Marriage) Bill, 2019, which makes the practice of instant triple talaq a penal offence, had received the approval of the Rajya Sabha on July 30.

The woman told The Indian Express, “On Thursday, we were both at the mediation cell at Parliament Street police station. When we stepped out, I told my husband that he’s ruined my life, & after some time he said ‘talaq, talaq, talaq’.”

She also alleged her husband beat her & her father, who was accompanying her at the time.

Urdu & Persian Words in FIR: High Court directs Police not to use such “bombastic” language

HC Bench comprising of Chief Justice D.N. Patel and Justice C. Hari Shankar stated that,“Too much flowery language, the meaning of which is to be found out by a dictionary, should not be used. An FIR should be in the words of the complainant”.

Bench further added that,”Police is there for public at large and not just for persons with doctorate degree in Urdu or Persian. Simple language should be used, instead of high-sounding words. People have to know what is written. It is applicable to use of English also. Do not use bombastic language.”

HC Bench was hearing a petition filed by Advocate Vishalakshi Goel seeking directions to Delhi Police not to use Urdu and Persian words in FIRs.

Delhi Government Additional standing counsel Naushad Ahmed Khan, appearing on behalf of Police stated that the Urdu and Persian words used in FIRs can be understood by “making a little effort”. He added that words are used when transferring the FIR to the higher authorities.

High Court has directed Police Commissioner to file an affidavit explaining whether Urdu or Persian words are used by Agency or the Complainant.

Bench has listed the matter for further hearing on November 25.

BJP Kerala chief moves HC seeking quashing of FIR against him

Kochi: Kerala BJP president P S Sreedharan Pillai Friday moved the High Court seeking quashing of an FIR registered against him by the police for his speech on the Sabarimala protests.

The first information report was registered in Kozhikode on a complaint by journalist Shybin alleging that Pillai, while addressing a meeting of the Bharatiya Janata Yuva Morcha (BJYM) state council, had instigated activists to protest the entry of women of menstrual age into the hill shrine.

In his petition, Pillai claimed that he had not made any statement with an intention to cause any fear or alarm among any section of the public, so as to induce a person to commit an offence against state or against public tranquility.

Presenting the digital evidence of his speech before the court, the Bharatiya Janata Party (BJP) president claimed that he had clearly told the gathering that the protest should be peaceful, not like a “violent war”.

But these aspects were suppressed by the media which published an edited version of his speech, he claimed.

Pillai was charged under section 505 (1) (B) of the IPC (intent to incite or which is likely to incite persons to commit any offence), a non-cognizable offence, in connection with his November 4 address.

He also claimed that the views expressed by him in an exclusive party function would never attract IPC section 505.

Pillai submitted that he cannot be held liable for media interpretations given to edited portions of his speech telecast by certain media houses with vested interests.

TV channels last week aired a video clip in which Pillai had purportedly said the Sabarimala agitations were “planned and orchestrated” by the party as part of its “agenda” and was a “golden opportunity” for it.

He had also said the head priest of the hill shrine, Kandararu Rajeevaru had sought his opinion on closing the sanctum to prevent women of menstrual age from entering the shrine when it opened from Oct 17-22, kicking up a huge row.

Court discharges two men in rape case citing call detail record

New Delhi:A Delhi court has discharged two people in a case of rape and recording a video of the incident, noting that documentary and scientific evidence ruled out the allegations.

Additional Sessions Judge Anu Grover Baliga granted relief to a Haryana resident, accused of rape, and his cousin, who had allegedly recorded video of the act, after their counsel pointed out the call detail records of the accused and other evidence in the case.

Advocate Amit Sahni, appearing for the accused, had submitted before the court that scientific evidence proved the allegations wrong and that no purpose would be served by continuing the proceedings any further in the case.

He added that the main accused was not even present in the national capital on the date of incident as he was attending physical examination for the post of constable in Haryana.

The counsel also pointed out that the FIR in the case was lodged after a long delay and the complainant has refused to undergo medical examination.

The court was also told by police that after inquiries it had emerged that the complainant and her husband “were in the habit of filing false complaints”.

The court discharged the accused, saying that in view of the evidence in the case, “there is no grave suspicion arising against the accused persons to frame charge against them”.

The police had not arrested the accused during the probe.

The complainant had claimed that the accused had raped her after giving her an intoxicant in July, 2016 in Dhaula Kuan area and his cousin had a made video of the act when her husband was lodged in Tihar central jail in a theft case.

HC sought response of journalist, arrested by CBI

New Delhi: The Delhi High Court today sought the response of journalist Upendra Rai, arrested by the CBI for his alleged involvement in dubious financial transactions, on a plea seeking cancellation of his bail.
Justice A K Chawla issued notice to the scribe and sought his stand by July 6 on the CBI’s appeal against the trial court’s June 8 decision granting him relief.

The agency, represented by senior advocate Aman Lekhi and advocate Rajdipa Behura, contended that the investigation was at a crucial stage and if released on bail, he might hamper the probe by tampering with evidence and influencing witnesses.

On May 3, Rai was arrested by the CBI  for allegedly indulging in dubious financial transactions and getting an airport access pass made by the Bureau of Civil Aviation Security (BCAS) by furnishing false information.

The Apex Court had on May 4 refused to interfere with his arrest.

Prasun Roy, Chief Security Officer, Air One Aviation Pvt Ltd, was also booked by the CBI, which had carried out searches at eight locations in Lucknow, Noida, Delhi and Mumbai.

In its FIR, the agency has alleged that going by the value of the transactions of over Rs 1 lakh each during 2017, Rai’s accounts received Rs 79 crore, while Rs 78.51 crore was debited from it during the same period.

Two days ago, another trial court had allowed custodial interrogation of Rai by the Enforcement Directorate (ED) for another five days in a money laundering case related to alleged extortion and dubious financial transactions.

He was arrested on June 8 by the ED under the Prevention of Money Laundering Act (PMLA) at the Tihar jail here, moments after he got bail in the CBI case.

The ED had registered a money laundering case against him based on the CBI FIR.

Construction scam: No anticipatory bail to 4 PWD engineers

A Delhi court has denied anticipatory bail to four PWD officials, accused of conspiring with a contractor in an alleged construction scam involving over Rs 3 crore, saying the allegations against them are serious.

Special Judge Sanjay Khanagwal, who last week rejected the bail of contractor Vinay Bansal in the matter and sent him to jail, rejected the plea of the four Public Works Department engineers and said they did not deserve protection of the court.

The four PWD officials – executive engineer Praveen Kumar Kathureea, assistant engineer Suresh Pal and junior engineers Baljeet Singh and Ashutosh Singh — are named along with Bansal, son of Delhi Chief Minister Arvind Kejriwal’s late brother-in-law Surender Bansal, in an FIR lodged by the Delhi Police’s Anti-Corruption Branch.

“It is true being public servants, any arrest by the investigating officer may not only affect their personal but social life as well but the offence alleged against the applicants is of serious nature where money has been paid from the public exchequer without properly checking the bills and monitoring the quality of construction work,” the judge said in his order yesterday.

Being public servants, he added, they may not flee from justice but the nature and gravity of accusation does not entitle them to protection of the court.

“Therefore, the present applications for grant of anticipatory bail are dismissed,” the judge said.

The FIR was lodged in May last year on a complaint by Rahul Sharma, the founder of Roads Anti-Corruption Organisation (RACO), for offences under sections 420 (cheating), 468 (forgery), 471 (Using as genuine a forged document) and 120B (criminal conspiracy) of the IPC and section 13 (1) (d) () of the Prevention of Corruption Act against all of them.

The complaint alleged that the four PWD engineers were supervising the construction work of a drain by Renu Constructions Company, owned by Bansal in partnership with his late father, and cleared the bills produced by the firm without proper verification.

It was alleged that the internal quality assurance team of PWD did not inspect the work despite the tender given to the contractor being 46 per cent below the estimated cost.

The accused officials, in their anticipatory bail plea, said they did not have any role in the awarding of tender and asserted that it was done through e-tendering in a fair manner.

They also claimed to have provided all necessary documents to the investigating officer since the lodging of the FIR last year.

The prosecutor, however, alleged that the accused PWD officials conspired with Renu Constructions and released a payment of Rs 3.10 crore without proper verification of the work done at the site and deliberately supported the contractor for undue pecuniary gains.

He also alleged that the accused did not provide correct information regarding Bansal’s association with the construction firm, of which he was a partner, because of which the investigation was delayed.

On May 17, the court refused to grant bail to Bansal, who was arrested by the Anti Corruption Branch, and sent him to judicial custody of 14 days.

The court had noted that the offences alleged against the accused were not only of cheating but also of preparation of forged and fabricated bill for the purpose of release of contract amount from the PWD.

Bansal has now approached the Delhi High Court for bail, which is pending.
RACO, an organisation which claims to monitor construction projects in the national capital, had alleged that a firm linked to Bansals was involved in financial irregularities in building a drainage system in north-west Delhi.

High Court seeks JNU’s response on plea to suspend prof accused of sexual harassment

The Delhi High Court today sought the response of the Jawaharlal Nehru University on a plea by several women students seeking suspension of its professor Atul Kumar Johri, against whom eight FIRs have been lodged alleging sexual harassment.

Justice Rajiv Shakdher also issued notice to the professor on the students’ petition seeking restriction on his entry into the varsity campus and provision of a safe working environment.

The court asked the JNU to treat the representations of the women students as complaints for initiating action against Johri and directed the Delhi Police to show the statements of students recorded before a magistrate to the JNU vice chancellor so that he can initiate preliminary enquiry against the professor.

The court was informed that eight FIRs have been lodged against the Department of Life Sciences professor based on the complaints of eight women students. He was arrested in March and granted bail by the court, but the authorities had not taken any action against him, the complainants stated.

Cash for vote: HC questions non-inclusion of names in FIR

Cash for vote: HC questions non-inclusion of names in FIR
Cash for vote: HC questions non-inclusion of names in FIR

The Madras High Court today asked the Tamil Nadu government to explain as to why names figuring in the Election Commission and IT Department reports on the alleged bribing of RK Nagar assembly segment voters were not mentioned in the relevant FIR.

The FIR against unnamed persons had been registered on a complaint by the Returning Officer of the constituency, where the April 12 byelection was rescinded by the EC over the alleged use of money power to influence voters.

A bench of justices M Sathyanarayanan and M Sundar sought the government’s explanation while hearing a lawsuit by one M P Vairakkannan, seeking the court’s direction for lodging an FIR on the electoral malpractices in the RK Nagar bypoll.

The court also issued notice to the Election Commission, Chennai police commissioner, the Tamil Nadu’s chief electoral officer, besides the returning officer of RK Nagar assembly constituency seeking their replies by July 14 to the petition.

On June 19, the court had sought a status report from the EC on the matter and had directed the Chennai police to submit the case diary.

Accordingly, the EC and the police had submitted their reports to the bench today.

After perusing the reports, the bench said the Income Tax report mentioned several names while the EC report had three particular names.

It said none of the names were there in the FIR with the column for the names of accused left blank.

In his response, the attorney general said these were the slips which were seized at the time of the raid conducted by the IT department and that investigation was underway.

To this, the bench again asked the AG, “Why the names that were mentioned in the report of EC were not shown in the FIR?”

The bench then directed the high court registry to keep all the reports in a sealed cover.

Chief Minister K Palaniswami earlier this week informed the state assembly that a case had been registered in this regard by police and investigation was on.

He was responding to Leader of Opposition M K Stalin (DMK) and Congress members who raised the issue of EC asking the state Chief Electoral Officer to instruct the Returning Officer to lodge a police complaint on the alleged bribing of voters in RK Nagar constituency.

( Source – PTI )

Ramjas incident: Court questions filing of plea for FIR

Ramjas incident: Court questions filing of plea for FIR
Ramjas incident: Court questions filing of plea for FIR

A Delhi court today wondered as to why a criminal complaint, seeking lodging of an FIR in the Ramjas College incident in which anti-national slogans were allegedly raised, was filed before it.

The court expressed its anguish over the complainant and said, “It’s all between students. Why are you entering into it?”

“If you are so agitated with these words and slogans, why are you again saying them in the open court? Is it expected from you to reiterate such issues and saying these things in the open court,” Chief Metropolitan Magistrate (CMM) Satish Kumar Arora told complainant Vivek Garg, an advocate.

“There are so many other pertinent issues to deal with. If you are so much concerned, come in my court as a legal aid counsel or do cases pro-bono (doing legal work without any charge). Already, there is so much of pendency in courts,” the court said.

When Garg made submissions by detailing the allegations of alleged anti-national slogans being raised on campus, the court said it was not expected from him to reiterate such words in the open court.

When the counsel said the complaint was in national interest, the court remarked, “Delaying judicial process is also not in national interest.”

The CMM thereafter transferred the plea to the court of Metropolitan Magistrate Abhilash Malhotra for hearing on March 6.

During the hearing, Garg said it was a serious matter as anti-national slogans were raised at Ramjas College allegedly by members of students groups AISA and SFI and a similar incident had taken place in JNU last year which had a massive impact on the nation.

The complaint alleged “massive anti-national slogans/ activities were being carried out by leaders/ students of All India Students Association(AISA)/ Students’ Federation of India (SFI) in Ramjas College, shamelessly and openly which supported India’s enemy i.e. Pakistan. The criminal acts of accused were also boosting morale of terrorists against our country.

( Source – PTI )

HC quashes FIR as accused agree to do social service

bhcThe Bombay High Court has set aside a first information report (FIR) against five youths, accused of outraging the modesty of two girls, on the condition that they would do social work for two days and donate Rs 50,000 for legal aid service.

The order was passed by a division bench of Justices Abhay Oka and AA Sayed on a petition filed by the accused earlier this week.

“Considering that the petitioners are in the age group of 19-22 and the remorse shown by them, we are inclined to quash the FIR. Looking into the peculiar facts of the case, it cannot be said that the offence alleged is against the society at large,” the bench said while quashing the FIR.

A case had been registered against the five youths under IPC sections 354 (outraging the modesty of woman), 323 (voluntarily causing hurt), 507 (criminal intimidation) and 149 (rioting).

The mother of the complainant girl filed an affidavit in the High Court submitting that the two sides had reached a compromise and wanted to settle the matter.

She said she did not want her daughter to do the rounds of the police station and courts and therefore, was agreeable to the quashing of the FIR against the accused who had shown remorse.

The complainant, a 17-year-old girl, was accompanied by her friend when the alleged incident took place at Badlapur in neighbouring Thane district on September 25. .