Book MLA for forging medical papers: HC tells police

Book MLA for forging medical papers: HC tells police
Book MLA for forging medical papers: HC tells police

The Madhya Pradesh High Court today ordered police to register a criminal case against Congress MLA Kamleshwar Patel for allegedly forging medical documents to skip hearing of an election petition against him.

Justice Atul Shridharan directed the Bhopal police to register a criminal case against Patel, MLA from Sinhaval in Sidhi district.

“While hearing a petition challenging the election of Patel, the HC directed the police to register a criminal case against Patel for furnishing wrong information about his medical treatment in order to skip the hearings,” government advocate Geetesh Singh Thakur said.

Swaroop Narayan Dwivedi, who had contested the polls from Sinhaval as an independent candidate, had challenged Patel’s election in the high court in 2014 on the ground that the latter had allegedly adopted unfair means to win the poll.

The HC had earlier directed Patel to remain present for recording of statement on April 27. However, since Patel did not attend that hearing, the HC summoned him again, fixing May 11 for the next hearing.

Patel’s lawyer, however, informed the court that he was not able to make it to the hearing as he was admitted to a private hospital in Bhopal.

The high court then fixed May 17 as the next date of hearing. Patel’s lawyer, however, again told the court that he was in the private hospital till May 16 and then referred to AIIMS, Bhopal on May 17. Patel’s lawyer also presented the discharge certificate of the private hospital besides an affidavit to support his contention.

However, the petitioner’s lawyer presented various newspaper reports, which showed that Patel was present at a meeting held at the Congress party’s state headquarters on May 15.

During the hearing on May 17, the HC asked the Superintendent of Police, Bhopal to get the records of the private hospital and AIIMS to verify the Congress MLA’s claims. It also directed the SP to get the CCTV footage of the Congress office. He was asked to submit the report within 24 hours.

The high court found that the Bhopal SP’s report did not corroborate the claim of Patel’s lawyer. Doctors of the private hospital also did not back Patel’s claims.

( Source – PTI )

‘Police should be proactive in tackling cyber crime’

'Police should be proactive in tackling cyber crime'
‘Police should be proactive in tackling cyber crime’

The Bombay High Court today said cyber crime and websites indulging in objectionable services are a problem for the society at large, and police should be proactive in addressing the issues and initiating action.

A division bench of Chief Justice Manjula Chellur and G S Kulkarni was hearing a PIL filed by city resident Ali Ahmed Siddiqui seeking action against online websites that run sex rackets in the guise of escort services.

The bench was today informed by public prosecutor Purnima Kantharia that the cyber crime cell of city police has so far blocked over 200 such sites after investigation.

The high court said that while it appreciates this, the police should be more proactive.

“Cyber crime and such websites are a problem to the society at large. The police should not wait for some person to complain about some sites or for court to pass directions.

The police should be pro-active,” Chief Justice Chellur said.

The court, while adjourning the petition for further hearing next month, said it wants the police to file monthly progress reports on the issue.

( Source – PTI )

Merc hit-and-run case: Court seeks reply from police

Merc hit-and-run case: Court seeks reply from police
Merc hit-and-run case: Court seeks reply from police

A court here today sought response of Delhi police on a plea of a teenager, who allegedly ran over a 32-year-old marketing executive while driving his father’s Mercedes, challenging the Juvenile Justice Board’s (JJB) order to try him as an adult.

Additional Sessions Judge Vimal Kumar Yadav fixed July 2 for hearing the arguments of Delhi police and the boy on the appeal.

During the hearing, counsel for the teenager informed the court that they have not got a copy of the charge sheet.

On the court’s direction, the investigating officer then provided a copy of the charge sheet and other documents annexed with it to the boy, who along with his parents was also present in the court.

Advocate Abhimanyu Kampani, who appeared for the teenager, said without providing charge sheet to the accused, the Presiding Officer of JJB heard arguments and ordered that the boy be tried as an adult by sending the case before the trial court.

Special Public Prosecutor Atul Shrivastava said as per the amended provisions of the Juvenile Justice (Care and Protection of Children) Act, the sessions court cannot send back the case to the board and if it thinks that the boy should not be tried as an adult, it has to try the case itself by acting as the board’s presiding officer.

Police has also filed an application seeking cancellation of bail of the boy’s father.

In the appeal, the boy’s counsel claimed that at best he could be booked for alleged offence of causing death by rash and negligent act and it was not a case of culpable homicide not amounting to murder for which he has been charged.

It said the boy’s previous offences are of traffic violation and not related to accidents. So it’s not a ground to convert section 304A of IPC into section 304 of IPC.

On July 2, the court would also hear the main case which was sent to it by JJB that had on June 4 ordered that the boy would face trial as an adult while observing that the offence allegedly committed by him was “heinous”.

The board had passed the order on the police’s plea seeking transfer of the case to trial court to try the accused as an adult.

It is the first of its kind case since the amendment in the Juvenile Justice (Care and Protection of Children) Act 2015 which allowed the Board to transfer cases of heinous offences by children to the sessions court.

( Source – PTI )

Law student rape: Police baton-charge protesting LDYF activists

protest0405The Left Democratic Youth Federation (LDYF) activists were baton-charged by the police outside the Kerala Secretariat on Wednesday during their protest over the brutal rape and murder of a Dalit law student in Ernakulam district.

“Every Malayalee feels that they are living under humiliating conditions under the Oommen Chandy Government. So many untoward incidents have been occurring against women. Our police have failed to provide justice on so many counts. Women are being targeted, killed and humiliated,” said one of the protestors.

Meanwhile, the Kerala Government has decided to give Rs. 10 lakh as compensation to the kin of the deceased girl.

Chief Minister Oommen Chandy, who met the family members of the victim earlier today, said that his government would do the ‘necessary’ towards the demands of the victim’s family, who have asked for a job for the victim’s sister.

Chandy, who described the crime as ‘shocking’, asserted that swift action would be taken against the perpetrators of the rape and murder of the law student.

The police have taken two persons into custody who were questioned by a police team headed by Ernakulam Range Inspector General Mahipal Yadav.

The National Human Rights Commission (NHRC) yesterday took suo motu cognizance of yet another ‘Nirbhaya’ like rape and murder of a Dalit law student, whose body was found by her mother on April 29 evening.

According to reports, the 29-year-old woman was murdered after rape inside her home, near an isolated stretch, at Vattolippidi Canal Bund near Perumbavoor in Ernakulam district.

Her body had at least 30 injuries, including on the private parts. Reportedly, the assault on her stomach was such that the small intestine had spilled out. (ANI)

Telangana Police not allowed to take Kobad to state

Telangana Police not allowed to take Kobad to state
Telangana Police not allowed to take Kobad to state

A Delhi court has dismissed a plea by Telangana Police seeking its nod to take Maoist ideologue Kobad Ghandy, facing trial here for allegedly trying to set up a base for the banned CPI (Maoist), to produce him before courts in that state in some other cases.

Additional Sessions Judge Reetesh Singh said the request of Telangana Police cannot be allowed at this stage, after the prosecutor argued that the trial against him in the case here was at its fag end and his presence was required here.

“In view of the submissions made by the additional public prosecutor for the state, the prayer made in this application cannot be granted at this stage,” the court said.

In its application, Telangana Police told the court that by a notification of November 27 last year, the Lieutenant Governor of NCT of Delhi had revoked its order of June 23, 2010 regarding detention of Ghandy at the Tihar Jail here.

The police said Ghandy was required to be produced before courts in Mahabubnagar district of Telangana in connection with the cases pending there.

65-year-old Ghandy is facing trial here in the case for alleged offences punishable under the Unlawful Activities Prevention Act (UAPA) and various provisions of the IPC.

The court had earlier framed charges against co-accused Rajender Kumar under various sections of the IPC in the case.

Ghandy, an alumnus of the prestigious Doon School and St Xavier’s College Mumbai, is facing prosecution in around 20 criminal and terror cases in different parts of the country.

According to the police, he was said to be part of the top leadership of erstwhile CPI-ML (People’s War Group) since 1981. He allegedly continued as a Central Committee member in CPI (Maoist) after the merger with People’s War Group and was elected to the Maoist Politburo in 2007.

Ghandy was arrested by Special Cell of Delhi Police for allegedly trying to set up a base for CPI (Maoist) in Delhi.

( Source – PTI )

Row over razing of slum: HC pulls up railways, police

Row over razing of slum: HC pulls up railways, police
Row over razing of slum: HC pulls up railways, police

Stepping into the demolition row, the Delhi High Courttoday came down heavily on the Railway Ministry and police for razing of a slum cluster in west Delhi and directed the authorities to immediately rehabilitate over 5,000 people rendered homeless in this biting cold.

A bench of justices S Muralidhar and Vibhu Bakhru further said this is a “pathetic act” as “peoples’ lives are involved and we cannot be so casual”.

“It is dire situation where life and liberty of the people are in grave danger,” the bench said, noting that an infant had died though railways has claimed that the incident had “nothing” to do with the demolition.

Taking note that the counsel for railways have failed to produce the relevant communication on which police went to demolish the slum at Shakur Basti here on Saturday, the court asked them to file their report before December 16 on the way they have and will be rehabilitating those who were rendered homeless.

The bench also asked the Delhi government to “coordinate with the authorities and provide every possible support they can to people who have been put to risk of life in this winter”.

Senior standing counsel Rahul Mehra, appearing for Delhi government, agreed to it and said, “what needs to be done, we will do as we are not shying away from our duty”.

He further said Chief Minister Arvind Kejriwal himself is monitoring the issue and has ordered a magisterial inquiry into the demolition drive and death of the six-month-old girl.

The court’s direction came on a public interest litigation filed by senior congress leader Ajay Maken, who sought that the ministry and Delhi police should be restrained from carrying out any further eviction or harassment of people living in Shakur Basti until all appropriate rehabilitation has been provided.

Maken, through his counsel Aman Panwar also informed the court that besides ministry and police, Delhi Urban Shelter Improvement Board (DUSIB) should ensure that all displaced persons are immediately rehabilitated in temporary relief camps and shelter homes.

Congress vice president Rahul Gandhi has also attacked the Centre and Kejriwal government over the razing of a slum, as he visited the site today and assured the homeless that he will fight their “battle”.
The high court also said that there should be no further

“violence” against those who have been left homeless.

It asked the railways to give a survey report of the people living at Shakur Basti along with the number of people affected and who all can be rehabilitated.

The court also issued notice to the ministry, Delhi police, DUSIB and Delhi government directing them to file replies on the plea, which alleged that the demolition drive was done in “complete haste”.

The plea said that the “demolition is in violation of the Master Plan Delhi 2021…”.

The court asked what was the “tearing hurry to demolish the cluster in December”.

“You really don’t care about people, you just want to remove them. It is really a pathetic act. The attitude has to change. I do not know what the person thinks while passing such orders and the police also straightway follow such directions,” the bench said, adding that “every minute they are spending in the open is dangerous for them”.

It said that how can people be evicted without having any rehabilitation plan.

It asked the Delhi government to ensure that the children are given education during the rehabilitation program.

All the concerned agencies have been told to give blankets, shelter, food, medicines to those rendered homeless.

Meanwhile, the counsel for railways said Shakur Basti land was for building platforms and notices were issued to them in March.

( Source – PTI )

Delhi Police employee gets 15 yrs jail for rape

Delhi Police employee gets 15 yrs jail for rape
Delhi Police employee gets 15 yrs jail for rape

A Delhi Police employee has been jailed for 15 years for raping and cheating a woman by concealing his first marriage, by a court here which said that sentence for “outrageous crimes like rape and bigamy” must be a deterrent so that no one dares to engage in such acts.

“The crimes of rape and bigamy are the most-hated crimes in the society. Society wants and expects perpetrators of such crimes to be punished very sternly. It is necessary for courts to consider expectations of society while sentencing offenders who have committed outrageous crimes like rape and bigamy.

“The punishment for these offences should be deterrent to the extent that no other member of society dares to engage in such crimes….,” Additional Sessions Judge Virender Bhatt said. The court also imposed a fine of Rs three lakh on convict Ravi Rathi, who had developed intimacy with the victim in a police training college here in 2009.  He secretly married the victim in October 2013 after which it was found that Rathi had already married another woman in May the same year.

“The convict has not only ruined the entire life of the prosecutrix but also has deceived and cheated upon his first wife. He has played with the emotions and sentiments of the two women. He does not appear to have any concern and respect for women and the marriage vows,” the court said. It also said the convict seemed to be a “sex maniac” and did not deserve to be let off lightly.

“To him (convict) it appears that women are only objects for sex gratification and the marriage is a mere joke. He seems to be a sex maniac and does not deserve to be let off lightly. He deserves an exemplary sentence,” the court said.

It said that Rathi did not want to leave the victim and intended to sexually exploit her, while noting that he had two years of courtship with the victim, then deceitfully married another woman and was least interested in marrying the victim.

“He only wanted her physical body to satiate his sexual lust. The prosecutrix would have to live with the mental scar through out her life and it would be almost impossible for her to forget the treatment she got from convict,” it said. The court sentenced Rathi to jail, while holding him guilty of the offences under sections 376 (rape), 495 (bigamy with concealment of former marriage from person with whom subsequent marriage is contracted), 417 (cheating) and 506 (criminal intimidation) of IPC.

( Source – PTI )

Sensitise Delhi Police about NE people’s problems: HC

delhi-high-courtThe Delhi High Court on Wednesday directed the city police to sensitise its 83,000 police personnel about the problems faced by people from the northeast.

“You (police) know what the people from northeast are referred here, or from the south for that matter? Forget about the people, you are not sensitised. Look at the manner they (north eastern people) are treated by the police itself,” said a division bench of Acting Chief Justice BD Ahmed and Justice Siddharth Mridul asking Delhi Police commissioner to direct all DCPs to sensitise police personnel.

The court also said there are two ways to change the mindset of people. “We need to change the mindset of people which can be changed in two ways — one by rehabilitation, which takes time and second is by fear. Fear from being caught, prosecuted and to go to jail. After all, it is the people who are committing these crimes,” said the bench.

It also said Delhi does not belong to anyone in particular but belongs to everyone like every part of country. “Nobody can claim any title over any territory on the basis of caste, creed, region or religion,” said the court.

It also asked Delhi Police to file a status report giving details of actions taken by them on 47 complaints received from people from the northeast on the helpline number 1093 launched by the police sometime back.

The court was hearing a case where it took suo motu cognisance of an incident where Nido Taniam, son of Arunachal Pradesh Congress legislator Nido Pavitra, was allegedly beaten up by shopkeepers January 29 in south Delhi’s Lajpat Nagar market following a row over his appearance and clothing. He died in a hospital the next day.

The bench also asked the central government to apprise the court on the status of its proposed move to seek policemen working in northeastern states to be posted on deputation with Delhi Police.

The bench also said it does not want to encourage a trend where people belonging to a particular group will live in one colony.

The court would next hear the matter on March 26.

(Source: IANS)

 

Court pulls up police for flip flop in IPL scandal probe

Delhi Police was on May 29 pulled up by a court here for its flip flop in the handling of the IPL spot-fixing case and hiding the arrest of Abhishek Shukla, a friend of cricketer S Sreesanth, and termed it as a “bad practice”.

The court was also anguished that Shukla, who was arrested this morning, was taken to Mumbai in connection with the probe without informing it and taking its permission. Delhi Police had not disclosed the arrest of Shukla and it was only revealed when the judge put some questions to them.

The inspector, who was leading the team of policemen while seeking the custody of three co-accused Vikash Chowdhury, Nitin Jain and Vinod Sharma, spoke about the arrest of Shukla when the judge put a specific question whether any more arrest has been made or not.

Replying in affirmative, the inspector told Chief Metropolitan Magistrate Lokesh Kumar Sharma that they have arrested Shukla who has been taken to Mumbai. The reply of the inspector angered the judge who questioned the investigators for flouting the law which required the court’s permission to take the accused outside the national capital.

“How can you (police) take him (Shukla) to Mumbai without even producing him in the court and without taking his custody? If you failed to produce him in the court within 24 hours of his arrest i.e by 11 AM tomorrow, it would amount to violation of provisions of the CrPC,” the judge said. “Come prepared tomorrow with your answer if you will produce Shukla after 11 AM and face the consequences,” the judge added.

(Source:PTI)

Man convicted of raping daughter’s friend

Holding a man guilty of raping a 15-year-old friend of his daughter, a fast track court has told delay by victim in lodging complaint of sexual violence should not be a mitigating factor for conviction of accused as it is agonising for victims to confide in such cases.

“Sexual assault destroys the entire psychology of a woman and pushes her into deep emotional crisis….

“We cannot expect the victim of a sexual assault to cry in the middle of the road that she has been raped or to visit the police station alone for the lodging of the complaint in this regard, when she has nobody to trust around her,” according to the judge of the fast track court set up here in the aftermath of December 16 gang-rape case.

Additional Sessions Judge Virender Bhat told that sexual assault is the most hated crime and it needs “immense courage” on part of the woman to disclose such crime against her to her well-wishers and police.

“Sexual assault destroys the entire psychology of a woman and pushes her into deep emotional crisis. It is a crime against basic human right of a woman and thus is the most hated crime.

“Victim of sexual assault feels it embarrassing and against her honour and dignity to disclose the incident even to her near relations or well-wishers. It takes immense courage for her to apprise her close relations or friends about the incident,” According to the judge.

The court held Surya Prakash guilty of raping the minor girl who was his daughter’s friend and turned down his plea that case against him should be dismissed as the girl had filed complaint days after the incident.