Court dismisses Chinmayanand’s plea to book student under Gangster Act

A local court on Tuesday dismissed a petition from BJP leader Swami Chinmayanand, who is accused of rape by a law student, demanding that the Gangster Act should be slapped on the woman and three others for trying to blackmail him.

Chief Judicial Magistrate Omveer Singh dismissed the petition saying it was not in his jurisdiction.He directed that it should be moved before the relevant court, Chinmayanand’s lawyer Pooja Singh told PTI.

Chinmayanand had also sent a letter to the state police chief demanding that the stringent Uttar Pradesh Gangsters and Anti-social Activities (Prevention) Act should be invoked against the woman and her three friends.

While the former Union minister has been booked under the Indian Penal Code’s section 376C, a charge short of rape, the woman and three others face a separate extortion case.

They were arrested last month on the basis Chinmayanand’s complaint that they tried to extort Rs 5 crore, threatening to upload online video clips showing him getting massages from her.

According to the petition, Sachin Sengar, one the accused in the extortion case, had come to meet Chinmayanand at his home on August 9.

He allegedly told Chinmayanand that he had all the evidence with him and a false case will be lodged if the former minister did not pay up.

The petition claimed that Sanjay Sengar has been earlier booked in two cases, including one for attempt to murder, at Shahjahanpur’s Tilhar police station.

The plea alleged that cases have also been lodged against the student’s father. It levelled allegations against the woman’s mother as well.

Meanwhile, the Allahabad High Court on Tuesday gave two weeks to Chinmayanand’s lawyer and the SIT to file their objections to a bail plea by the law student.

The counsel and the special investigation team were asked to file their reply to the bail application by November 6, the next date of hearing.

Chinmayanand has been booked under section 376C of the Indian Penal Code (IPC), which is usually applied in cases where a person abuses his position to “induce or seduce” a woman under his charge to have “sexual intercourse not amounting to the offence of rape”.

He also faces charges of stalking, wrongful confinement and criminal intimidation.The woman studied at one of the colleges run by the politician’s ashram.

Two sentenced to five years jail under gangster act

A special court convicted two men in a murder case under the gangsters act and sentenced them to five years imprisonment.

Judge A K Pathak imposed a fine of Rs 10,000 each on Vinod Kumar and Praveen Thursday evening.

They were sentenced to five years’ imprisonment under the act, prosecutor Sandeep Singh said.

SC slams UP Chief Secretary for defying HC directives

The Supreme Court on Tuesday reprimanded the UP Chief Secretary Jawed Usmani for failing to appear before the Allahabad High Court which had sought his presence for wrongly invoking the Gangsters Act against a man by Barabanki district magistrate and police.

 A bench of justices Altamas Kabir and J Chelameshwar asked the Chief Secretary to appear before the High Court and posted the matter for further hearing to August 21. “Your conduct is not at all correct. Why did you disobey the court order? We will not allow this. “Your conduct has been very very bad. You may be the Chief Secretary but you have to obey the law. You have to obey the law otherwise there will be no rule of law in this country,” the bench told senior counsel S R Singh appearing for the state.

While agreeing to abide by the direction, the counsel assured the court that the Chief Secretary would comply with the high court direction. The high court had earlier on July 3 passed severe strictures against the Barabanki District Magistrate and also commented on the conduct of various district magistrates while dealing with the bail application of Dinesh Lonia who had challenged the states’s decision to invoke the UP Gangster & Anti Social Activities (Prevention) Act, 1986 against him.

The Allahabad high court had, while taking the view that there was no material against the accused for the district magistrate and other police officials to invoke the Act, made several scathing observations against the officials. It had also directed the Chief Secretary to conduct an inquiry on the conduct of the Barabanki District Magistrate and submit a report before it within a month, failing which it said the top civil servant himself would appear before it.

Source: PTI