Page 1751 - Law Crime

SC collegium recommends 6 names for appointment of judges in 2 HCs

The Supreme Court collegium today recommended six names for the appointment as permanent judges of the Gauhati High Court and Jammu and Kashmir High Court. The collegium, headed by the Chief Justice Dipak Misra, recommended the names of judicial officer Rashid Ali Dar and advocates Wasim Sadiq Nargal, Nazir Ahmed Beig and Sindhu Sharma to be appointed as judges of the J and High Court and directed that seniority be fixed as per the existing practice. For the Gauhati High Court, the collegium cleared the names of advocates Sanjay Kumar Medhi and Nani Tagia to be appointed as judges. The collegium said it "resolves to recommend that advocates Sanjay Kumar Medhi and Nani Tagia, be appointed as judges of the Gauhati High Court. Their inter se seniority be fixed as per the existing practice". "So far as recommendation relating to advocate Nani Tagia is concerned, one of the members of the collegium, Justice Ranjan Gogoi, for reason of propriety, has not participated in the proceedings ...

SC dismisses 2nd PIL against Bihar CM Nitish Kumar

The Supreme Court today dismissed the second PIL filed by a lawyer seeking the disqualification of Bihar chief minister Nitish Kumar from the state legislative council for allegedly suppressing from the Election Commission that a murder case was pending against him. A bench headed by Chief Justice Dipak Misra expressed anguish over the fact that lawyer M L Sharma, whose earlier PIL on the same issue was dismissed, had moved another one with seeking similar reliefs and had even made the Prime Minister's Office (PMO) as one of the parties. "You do not file a properly constituted petition," the bench, comprising justices Misra, A M Khanwilkar and D Y Chandrachud, said. "We have already dismissed your petition on the same issue two weeks back after getting the response from the other side," it said. The bench also took exception to the fact that the PMO had been made a party to the petition and asked, "Why PMO has been made a party". Earlier, the apex court on March 19 had dismissed the ..

JP Morgan says it knew ex-minister linked to firm in Nigeria oilfield deal

LONDON (Reuters) - JP Morgan Chase has acknowledged it knew a former Nigerian oil minister convicted of money laundering would benefit when it transferred over $800 million of government funds to a company he controlled, according to a court document seen by Reuters.

4 held after encounter near Muzaffarnagar

Four suspected criminals were arrested after an encounter with police in which one of them received bullet injuries near Bhagela jungle under the Khatoli police station area here, police said today. Circle Officer Rajiv Kumar said the encounter took place last evening after which Pankaj, Adesh and Sonu (who received bullet injuries) were arrested. The officer said the other arrested person is a class 12 student. The officer said a lifted tractor and three looted motorbikes were found from their possession.

As Calcutta HC lawyers strike, govt says it can't be blamed for vacancies

Amid an ongoing strike by lawyers of the Calcutta high court over shortage of judges, top sources in the government today said the high court is yet to send recommendations to fill up 24 vacancies. Names of five candidates for appointment as additional judges are under active consideration of the government, the sources said. They also pointed out that the law ministry alone could not be blamed for the vacancies in the high court. Officials also said that in recommending candidates for certain vacancies, the senior judges involved with the appointment process had not followed the Memorandum of Procedure and the names had to be returned to the HC for reconsideration. The approved strength of the Calcutta HC was increased from 58 to 72 in May 2016. In 2016-17, the HC collegium had recommended 30 names for appointment as judges in six lots. The Supreme Court collegium in turn recommended only 13 names out of the 30. The government has appointed 10 as judges and returned the files of ...

Trial in case of British woman raped, killed in Goa begins

The trial in the rape and killing of British national Danielle McLaughlin began today with a South Goa court examining the first witness in the case. The 28-year-old Briton, holidaying in Goa, was found dead at an isolated stretch between the Agonda and Canacona beaches in South Goa on March 14, 2017. Vikat Bhagat (23), who was last seen with the victim and who the police claimed had previous cases against him, was arrested under the sections of the IPC relating to murder, rape, theft and destruction of evidence. The trial began this afternoon before the District and Sessions Judge in Margao, Sayonara Telles, with the deposition of Prashant Komarpant. "He was the person who saw the body of the deceased for the first time at an isolated spot and informed the police," Vikram Varma, the lawyer representing Andrea Branningan, the mother of the deceased, told PTI. Varma is assisting Assistant Public Prosecutor D J Costa in the case. Komarpant was cross-examined by defence lawyer A Moniz, ..

Complaint of disrespect to dead woman to be inquired

Kerala's Women's Commission today directed Kollam police commissioner and three others to look into the complaint of alleged disrespect shown to the body of a 95-year-old woman, by refusing to bury her. The order in this regard was passed by commission member Shahida Kamal on a complaint by the three daughters of the deceased woman Kadeeja Begum, stating that the mosque committee had shown 'disrespect' to the body of their mother. The incident happened in February this year. The Commission directed Kollam city police commissioner, Revenue Divisional officer, Wakf board member, Thiruvananthapuram, to examine the complaint and file a report within 15 days. The mosque secretary's preliminary explanation was found not satisfactory, the commission said in a press release. The woman's body was not buried by them even after some papers sought by them was produced, it was stated. The last rites was subsequently held by another mosque committee. Kadeeja's husband had passed away 60

Dalit protest: Muzaffarnagar BSP head held for 'inciting violence', sent to judicial custody

BSP district president of Muzaffarnagar Kamal Gautam has been arrested for allegedly inciting violence here during the countrywide protests by Dalit groups on April 2 against the alleged dilution of the SC/ST (Prevention of Atrocities) Act, police said today. Senior Superintendent of Police Anant Dev told reporters here Gautam was arrested here last night after it was found that he allegedly incited a mob of protesters who turned violent and damaged property. Gautam was produced in the court of Chief Judicial Magistrate Ritu Nager who sent him to judicial custody until April 20, senior prosecutor Diwakar Sharma said. Dalit groups had called for a Bharat Bandh on April 2 in protest against a recent Supreme Court order which they claimed had diluted the SC/ST Act (Prevention of Atrocities) Act. Protesters turned violent at several places which resulted in death of at least eight people and destruction of property. Police said Gautam has been arrested in three cases of violence ...

PIL seeks allocation of cases to SC benches in consultation

The Supreme Court on Friday was moved by senior counsel Shanti Bhushan seeking direction that the exercise of authority as a master of roster by the Chief Justice of India in allocating the cases to different benches should be done in consultation with senior judges who are part of top court collegium.

SC for dismissal of BSF constable for assaulting senior

The Supreme Court has restored an order of dismissal of a Border Security Force (BSF) constable, who had assaulted his senior officer with a rifle butt, taking a stern view of the misconduct by the member of a "disciplined force". The top court, which upheld the departmental punishment for the constable and set aside the August 2015 verdict of the Delhi High Court, referred to an earlier judgement delivered by the apex court in a similar matter in which it was held that assaulting a superior officer should attract severe penalty. "We are in agreement with the view expressed (in the earlier verdict), more particularly in a case as the present, where the respondent (BSF constable) belonged to a disciplined force and used the butt of the rifle for injuring a superior officer very seriously," a bench of justices Madan B Lokur and Deepak Gupta said. The top court set aside the August 2015 verdict of the Delhi High Court which had partly allowed the plea filed by the constable against the ..

SC's no to immediate reference of Ayodhya case to larger bench

The Supreme Court today did not agree to the fervent plea of an original litigant that the Ayodhya land dispute should be immediately referred to a larger bench as the issue was far more important than that of polygamy among Muslims, for which a constitution bench was constituted. A special bench, headed by Chief Justice Dipak Misra, made it clear to senior advocate Rajeev Dhavan, representing M Siddiq, that it will decide whether to send the matter to the larger bench only after hearing all parties to the litigation. Siddiq, now deceased, is one of the original litigants in the Babri Masjid-Ram Temple land dispute. "You (CJI) sent pleas to strike down polygamy immediately to the Constitution Bench, but you are reluctant to send the Babri Masjid case to the Constitution Bench. Is polygamy more important than the right of Muslims to worship in a mosque," Dhavan posed before the bench which also comprised Justices Ashok Bhushan and S A Nazeer. Former Attorney General and senior advocate

Catalan leader Puigdemont to get bail as German court refuses extradition

They said in a statement that Puigdemont was not involved in violence during an outlawed referendum on Catalan independence last October

Sheena Bora case: Police officer's testimony recorded

A special CBI court here today completed the recording of evidence of a police officer in the Sheena Bora murder case, in which former media baron Peter Mukerjea and his wife Indrani are among the accused. Judge J C Jagdale completed the recording of the testimony of sub-inspector Ganesh Dalvi, who had registered the FIR in August 2015 before the case was taken over by the CBI. Dalvi had arrested Shyamvar Rai, Mukerjeas' driver, after recovering an illegal firearm from him. During the questioning, Rai spilled the beans about the killing of Sheena, Indrani's daughter from an earlier relationship, in April 2012. It led to Dalvi registering the murder case. When asked by defence lawyers whether call detail records (CDR) of Rai were checked by the police to verify his version of the events, Dalvi said police didn't check the CDR. "I felt it was not necessary to know with whom he was in touch," the police officer said. Indrani and Peter and Indrani's former husband Sanjeev Khanna are ...

Madhuri Gupta espionage case hearing deferred till April 26

A Delhi court on Friday deferred till April 26 the hearing on an espionage case against former Indian diplomat Madhuri Gupta, accused of leaking classified information to Pakistan's Inter-Services Intelligence (ISI).Earlier in 2016, the Delhi High Court charged Gupta under the stringent provisions of the Official Secrets Act which entailed a maximum punishment of up to 14 years.The court had set aside a Delhi trial court's order of January 2012, in which the diplomat was provided for a punishment of only three years.Gupta was arrested on April 22, 2010, by the police's Special Cell from Islamabad, where she was posted as Second Secretary (Press and Information) in the Indian High Commission.As per reports, she was involved in a relationship with Jamshed, an ISI official, whom she planned to marry.

HC tells EOW to finalise DA case against IPS officer in 10 weeks

The Lucknow bench of Allahabad High Court (HC) on Friday directed the Economic Offences Wing (EOW) to finalise the disproportionate assets (DA) case against IPS officer Amitabh Thakur within 10 weeks.

Asaram rape case: SC pulls up Gujarat Police for slow trial

The Supreme Court today pulled up the Gujarat Police for delay in completion of recording of evidence in the rape case against self-styled preacher Asaram Bapu, lodged in Jodhpur jail, and directed it to conclude the process within five weeks. The top court questioned the state police for delay in completion of the trial in the case and said that "it cannot go like this for months". A bench of justices N V Ramana and S Abdul Nazeer, which sought to know the status of the trial, was told by Additional Solicitor General Tushar Mehta, appearing for the Gujarat government, that the victim's statement has been recorded. "The prosecutrix has recorded her statement. Only the star witnesses in the case are now remaining to be examined," Mehta said. To this, the bench asked the ASG, how much time is needed for examining the star witnesses. Mehta said that the process will take two-three more months to be completed. "How much more months do you want. It cannot go on like this for months. You ...

Woman accuses husband of forceful religious conversion in Haryana

A woman from Haryana has alleged that her husband forced her to convert to Islam.She has accused her husband of threatening her with 'talaq' (divorce) if she does not convert to Islam.Speaking to ANI, she also alleged that when she lodged a complaint against the same in 2016, her husband and his friend created her account on Facebook and posted nude photos of her.Panchkula Police arrested the accused husband under sections 66 (computer-related offences) and 67 (transmitting obscene material in electronic form) of the Information Technology Act, and denied that any complaint was received in regards to forceful religious conversion."We have arrested one accused now- the husband who sent the photos to his friend from his wife's account. We have found no involvement of that friend. As per our investigation, the photos have not been sent anywhere else," Rajesh Kumari, SHO, Women Police Station, Sector 5, Panchkula told ANI.

Court reserves order on summoning Mamata Banerjee's nephew

A Delhi court will pronounce on April 19 its order on whether to summon Abhishek Banerjee, the nephew of West Bengal Chief Minister Mamata Banerjee, as an accused in a criminal defamation complaint filed by BJP leader Mukul Roy. Additional Chief Metropolitan Magistrate Samar Vishal today heard the statements of the complainant's advocate who said that the accused, a Trinamool Congress MP, purposely defamed his client and it was a fit case for summoning. According to the complaint, the accused had sent a notice to Roy on November 13 last year, using defamatory statement in it by putting words in his mouth. The same was circulated to the media the same day which was widely covered. "The accused intentionally got the aforesaid notice served at the unit office of BJP at Kolkata, so as to tarnish the image of the complainant before his newly joined party, namely BJP, and to lower the morale of his supporters and party workers," the complaint, filed by advocate Savinder Singh, said. The ...

PNB fraud: HC seeks ED's response on plea by Mehul Choksi's firm

The Delhi High Court today sought the Enforcement Directorate's response on a plea by diamantaire Mehul Choksi's firm Gitanjali Gems in a money laundering case in connection with the over Rs 11,000 crore Punjab National Bank (PNB) fraud case. Justices S Muralidhar and I S Mehta issued notice to the ED, which was represented by advocate Amit Mahajan, on the plea challenging the alleged illegal seizure of documents and articles by the probe agency. The court said it will hear the matter along with a similar pending plea of billionaire Nirav Modi's firm Firestar Diamond on April 11. Advocate Sanjay Abott, appearing for Gitanjali Gems, sought direction to quash the ED's move of seizing the firm's moveable properties. The firm has sought direction the ED to supply it copies of the search warrant of February 22, ECIR registered by it pursuant to which searches were made in its premises and the entire documentation and details of places where the assets have been kept for safe ...

Is the word 'chinki' notified as casteist remark in law: HC asks CBI

The Delhi High Court today asked the CBI to ascertain whether 'chinki', a derogatory term used against those from the Northeast, has been notified as a casteist remark in the law on scheduled castes and tribes. Justice Anu Malhotra tasked the CBI to find out whether any such notification has been issued, after it was informed by a counsel that as per a RTI response, no such notification has been ever issued by any public authority. "CBI may ascertain the said aspect and also if any notification was issued in this regard at any stage. Also check if it is retrospective," the court said. The issue cropped up during the hearing of two pleas by the CBI and the father of northeast student Nido Tania, who was killed in 2014 after being allegedly beaten up by some persons at Lajpat Nagar in South Delhi, challenging a trial court's decision to drop the charges under the SC/ST Act against the accused. During the hearing, CBI prosecutor Rajdipa Behura said as per the statement of eye witness, ...