[ad_1]
The Senate majority whip said he anticipated the Senate would propose a code of ethics for the Supreme Court.
[ad_2]
#Dick #Durbin #suggested #Senate #propose #code #ethics #Supreme #Court
( With inputs from : www.politico.com )
Tag: Court
Dick Durbin suggested the Senate would propose a code of ethics for the Supreme Court.
Only Court Can Transfer Undertrial Prisoners: JK High Court
[ad_1]
SRINAGAR: The JK and Ladakh High Court on Monday ruled that the power to transfer an undertrial prisoner from one jail to another only vests with the Magistrate or the Court.
Live Law Wire reported that the court or magistrate is the ultimate authority to shift an undertrail prisoner after it has remanded the detenue to a certain prison, and jail authorities cannot have a say in this.
Referring to the Prison Manual 2022-for the superintendence and management of prisons in the Union Territory of Jammu and Kashmir read with Prisoners Act, 1900, a bench comprising of Justice M A Chowdhary observed that the transfer of an undertrial can be done by a judicial order in this regard passed by a court.
“The power to remand or transfer of an undertrial prisoner from one jail to another is to be exercised by the Court by passing a judicial order, obviously after providing opportunity of being heard and that the change in the place of detention would be permissible only with the permission of the Court under whose warrant the undertrial has been remanded to custody,” bench observed.
The observations were passed while hearing a plea filed by a widowed mother seeking transfer of her undertrial son from district jail, Poonch to Central jail, Srinagar or any other jail close to his home to meet the ends of justice.
The Undertrail who is facing a trial for a case registered at Police Station Uri, Baramulla under various sections of the Narcotic Drugs and Psychotropic Substances Act (NDPS), has been in judicial custody since his arrest in July 2017,. He was removed from Sub Jail, Baramulla to District Jail, Poonch on the grounds that that he was not a disciplined prisoner and that he had misbehaved with the jail staff and created law and order situation in the jail.
After considering the contentions of the petitioner the bench observed that the widowed mother of the undertrail would visit him as and when needed while he was lodged in Baramulla jail but later he was shifted to District Jail, Poonch without any intimation to the petitioner.
The petitioner approached the Director General of Police, Prisons, J&K seeking transfer of her son to District Jail, Srinagar, but received no response and accordingly the petitioner filed an application in the trial court seeking change in custody, which was dismissed.
In view of the same the petitioner was constrained to file the instant petition seeking transfer/shifting of her son’s custody from District Jail, Poonch to Central Jail, Srinagar or any other jail near his home.
The court noted that the respondents have failed to place on record as to what were the jail offences that he committed and how he had been proceeded against and merely saying that he had been an undisciplined prisoner does not warrant to his transfer to a distant place.
Elaborating further on the matter Justice Chowdhary observed that though Section 417 of the Code of Criminal Procedure provides for appointment of the place of imprisonment by the State Government, however, in view of the interpretation by the Apex Court in State of Maharashtra & Ors. v. Saeed Sohail Sheikh 2013, the power to direct transfer of the undertrial prisoner from one jail to another clearly vests with the Magistrate/ Court which had remanded the detenue to a certain prison.
Underscoring that it will be difficult for a widowed mother to go to Poonch to meet her son, the court pointed out that petitioner, in this case, has been shifted from Sub Jail Baramulla to a distant prison which is at the farthest place in Jammu Division at Poonch.
“The petitioner’s family, in case they require to meet the petitioner as an undertrial in district jail, Poonch, have to travel all along from Kashmir to Jammu and then from Jammu to Poonch for almost two days,” the court said.
The court directed the respondents to shift the petitioner from district jail, Poonch and keep him in any other prison in Kashmir Division, preferably near his home, after seeking necessary orders on his behalf from the trial Court.
[ad_2]
#Court #Transfer #Undertrial #Prisoners #High #Court( With inputs from : kashmirlife.net )
Cattle smuggling: Delhi court sends Anubrata Mondal’s daughter to judicial custody
[ad_1]
Delhi High Court New Delhi: A Delhi court on Sunday sent TMC leader Anubrata Mondal’s daughter Sukanya Mondal to judicial custody till May 12 in a money laundering case related to alleged cattle smuggling at the India-Bangladesh border.
The judge sent Sukanya to jail after she was produced before the court on expiry of her three-day custodial interrogation.
ED’s Special Public Prosecutor Nitesh Rana told the court that the accused was not required for further investigation.
A primary school teacher in West Bengal’s Birbhum district, Sukanya Mondal was arrested on April 26 by the ED after questioning.
Her father is already in judicial custody in connection with the case.
The ED has filed two charge sheets in the cattle smuggling case till now and has attached assets worth a total of Rs 20.25 crore.
Subscribe us on
[ad_2]
#Cattle #smuggling #Delhi #court #sends #Anubrata #Mondals #daughter #judicial #custody( With inputs from www.siasat.com )
Court slams Delhi police inaction on father’s 2014 plaint regarding missing son
[ad_1]
New Delhi: It has been more than nine years since Ram Kishor lodged a missing report of his son Deepak Kumar but all the questions remain unanswered even today.
It would not be unfair to say that the police’s approach in the matter has been indifferent. Time and again, the courts have pulled up the police for shoddy investigation, and the case is no different here.
The case stems from a missing report Kumar’s father had lodged on August 4, 2014. According to him, Kumar did not return home after he went out two days before the complaint was filed.
The complainant (Kumar’s father) has been running from pillar to post since 2014, but the Delhi police conducted only an allegedly sham investigation in the initial year of lodging the First Information Report (FIR) and thereafter stopped investigating at all.
Multiple representations have been submitted by the complainant to police officials but to no avail.
In 2018, the complainant approached the Delhi High Court, which directed that the final report be filed within 12 weeks.
“That was also done and we lodged a contempt plea. It is only after we lodged the contempt, that the Delhi police filed an Untrace Report in 2019 stating that nothing could be found,” advocate Namit Saxena said.
After the court issued notice on the police’s untrace report, a protest petition was filed by the complainant.
Last year, a reply to the protest petition was filed by the police stating that all possible efforts to trace the victim have been made. However, no clue or information regarding the boy could be found.
Directing further investigation in the matter, Metropolitan Magistrate (MM) of Saket Courts Akshay Sharma has allowed the protest petition.
“…this court is of the opinion that matter be remanded back for further investigation in a proper manner and report be filed within reasonable time without further delay as the present case pertains to the year, 2014. Accordingly, the present protest petition is allowed,” Sharma said.
After five years of FIR registration, when the police filed its untrace report in 2019, it was stated by the investigation agency that due to continuous efforts of searching for the victim this delay of years has occurred.
“…perusal of the record does not reflect the continuous efforts which is stated to be the reason for delay,” the court noted.
It is also noteworthy that the complainant had received an extortion call demanding Rs 10 lakh, which was made to him by the alleged accused O.P. Thakur and that aspect has not been investigated by the police.
The police has merely stated in the untrace report and the reply to the protest petition that upon interrogation, nothing incriminatory was discovered against the suspected
individuals.“Though no formal interrogation report or any statement u/s 161 CrPC of any of the suspected alleged accused persons was recorded by the concerned IOs. Thus the basis on which the alleged accused persons have been exonerated by the investigation agency remains unexplained,” the court stated.
Slamming the Investigating Officers (IOs) for believing whatever the alleged suspects stated was the gospel truth, the court said that it was imperative for the concerned IOs to record the statement of the suspected individuals to incline this court to believe in the bona fide efforts undertaken for investigation of this case.
In conclusion, the court stated that “proper investigation has not been conducted in the instant case as the aspect of extortion as alleged by the complainant has not been investigated into, no investigation regarding the bike of Deepak found near a canal has been conducted, no investigation as to the fact that why Himanshu was using the ATM card of victim Deepak on frequent basis is conducted and no details of withdrawing money from victim’s bank account is placed on record”.
“No formal interrogation report or any statement under Section 161 of Criminal Procedure Code is recorded by the concerned IOs,” the court noted while allowing the protest petition by remanding back the case for further investigation.
[ad_2]
#Court #slams #Delhi #police #inaction #fathers #plaint #missing #son( With inputs from www.siasat.com )
Delhi court convicts AAP MLA from Seelampur for assaulting a Govt Servant
[ad_1]
New Delhi: The Rouse Avenue Court in Delhi on Saturday convicted a Member of the Legislative Assembly (MLA) from the Seelampur constituency Abdul Rehman, for criminally intimidating and assaulting a Government School Principal in the year 2009. He is a MLA from Aam Aadmi Party (AAP).
The Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal in the judgement passed on Saturday convicted MLA Abdul Rehman and another accused Asma under offences for Assault/ criminal force to deter public servant from discharge of his duty and Criminal Intimidation with common Intention.
Court said, “having carefully considered the entire case, the documents placed on record, the police report, the testimonies of the prosecution witnesses, the statement of accused persons, the arguments advanced by both the sides and the provisions of law and the rule of procedure, this court holds that the prosecution has successfully proved its case, beyond reasonable doubts, against accused Asma that she caused simple hurt on the person of a public servant in discharge of her duties”.
The prosecution has further proved beyond reasonable doubt that both the accused persons i.e.Abdul Rehman and Asma, in furtherance of their common intention, criminally intimidated the complainant and assaulted her, while she was holding the office of the public servant and was in discharge of her duties as a public servant, to deter her from discharging her duties, said the Court.
Accordingly, both the accused are hereby convicted for the offences under section 353, 506 (Para II) read with sections 34 IPC and additionally, the accused Asma is hereby separately convicted for the offence under section 332 of IPC, Court said in the order.
According to the Police, the complaint of Razia Begum, who at the time of the incident was employed as a Government Servant, working under the Directorate of Education and on the date of the alleged incident she was holding the post of Principal of a Government School. As per the complainant, on 04.02.2009 while performing duties as a Principal of SKV School, Jafrabad, Delhi, she was slapped by the accused Asma, thus causing simple hurt to the complainant.
It was further alleged that the co-accused Abdul Rehman alongwith a few other persons, barged into the school after having made preparation of causing hurt. As per the complainant, the accused persons also threatened to kill her and also abused her with the intention to outrage her modesty.
In the matter, a charge sheet was filed in the court. On the basis of the charge sheet and annexed documents, cognizance of offences was taken and the accused persons were summoned to face trial. After hearing the parties, the charge of offences under sections 451, 323, 506, 509 and 34 of IPC was framed against the accused persons, to which they pleaded not guilty and claimed trial, noted the court.
[ad_2]
#Delhi #court #convicts #AAP #MLA #Seelampur #assaulting #Govt #Servant( With inputs from www.siasat.com )
Court pulls up CBI for slow progress in probe into alleged recruitment scam
[ad_1]
CBI Kolkata: The judge of a special CBI court here on Saturday set a 21-day deadline for the Central Bureau of Investigation (CBI) to show the progress it made in its probe into the alleged multi-crore recruitment scam in West Bengal.
The judge was especially critical of the CBI for not arresting the government employees named as beneficiaries in the alleged recruitment scam yet.
“Barring two cases, the progress of the probe in the other related cases is extremely demoralising. Is this a civil matter? How long will you be able to keep the accused behind bars in the name of investigation process? Take some concrete steps,” the judge told the CBI counsel.
When the CBI counsel said that there is evidence of involvement of government officials in the alleged scan, the judge asked why the central agency is yet to question them after taking them into custody.
“You are yet to reveal who received money from the accused persons such as Kuntal Ghosh and Tapas Mondal. A scam of such a nature could not have been possible without the involvement of government officials. Please complete the circle. Show your progress in the investigation in the next 21 days,” the judge told the CBI counsel.
Subscribe us on[ad_2]
#Court #pulls #CBI #slow #progress #probe #alleged #recruitment #scam( With inputs from www.siasat.com )
Delhi court extends Sisodia’s ED custody in excise policy case
[ad_1]
New Delhi: A court here on Saturday extended former Deputy Chief Minister of Delhi, Manish Sisodia’s custody till May 8 in connection with the excise policy case being investigated by the Enforcement Directorate (ED).
On Friday, Special Judge M.K. Nagpal of the Rouse Avenue Court had denied bail to Sisodia holding that that the evidence, prima facie, “speaks volumes” of his involvement in commission of the offence.
The judge had also said that the purported medical condition of Sisodia’s wife was not a reason to grant him bail in this case.
Additionally, he stated that it was impossible to rule out the potential of Sisodia influencing key witnesses in the case.
The judge noted that the alleged offence against Sisodia was a “serious economic offence of money laundering” and that he has not been accused of committing the offence in his personal capacity, but rather in his official capacity as a public servant overseeing the Excise Ministry and serving as Delhi’s Deputy Chief Minister.
On Thursday, the same court extended Sisodia’s judicial custody till May 12, in the case being probed by the Central Bureau of Investigation (CBI).
The ED had earlier submitted before the judge that Sisodia had planted fabricated emails to show that there was public approval for the policy.
The directions to send these pre-drafted emails were given to Zakir Khan, Chairman of Delhi Minorities’ Commission, who then asked his interns to send the emails, the ED claimed.
The probe agency had also said that the 60 days given to complete the investigation against Sisodia are not over yet.
It said that it has found fresh evidence indicating Sisodia’s involvement in the alleged scam, and the investigation is at a crucial stage.
[ad_2]
#Delhi #court #extends #Sisodias #custody #excise #policy #case( With inputs from www.siasat.com )
Delhi court adjourns hearing in Shraddha Walkar murder case for May 9
[ad_1]
Shraddha Walkar New Delhi: A Delhi court on Saturday adjourned the hearing of the Shraddha Walkar murder case to May 9.
The court was to pronounce its order on framing charges against Aaftab Amin Poonawala, who is accused of strangling his live-in partner Shraddha Walkar to death and then chopping her body into several pieces.
Additional Sessions Judge Manisha Khurana Kakkar, after having reserved the order on framing charges on April 15, had posted it to April 29 for its pronouncement.
Moreover, the Delhi Police was also scheduled to file its reply to Vikas Walkar’s (Shraddha’s father) application seeking the release of his late daughter’s remains to perform the last rites.
Special Public Prosecutor Amit Prasad had, during the last hearing, said the police will file a reply on the application on the next date of hearing.
Arguments on charges were also completed last time.
The Delhi Police had earlier told the court that incriminating circumstances are clearly revealed through reliable and clinching evidence and they form a chain of events.
Poonawala has been booked for the offences under Sections 302 (murder) and 201 (causing disappearance of evidence of offence) of the IPC.
A charge sheet running over 6,000 pages was filed in the case.
Subscribe us on[ad_2]
#Delhi #court #adjourns #hearing #Shraddha #Walkar #murder #case( With inputs from www.siasat.com )
Jharkhand HC extends stay on notice against Rahul Gandhi by Ranchi court
[ad_1]
Senior Congress leader Rahul Gandhi Ranchi: The High Court of Jharkhand on Friday extended the stay on a notice by a local judicial magistrate to Congress leader Rahul Gandhi for personal appearance in a case filed against him for allegedly maligning BJP leader Amit Shah.
Gandhi has moved the high court praying for setting aside the criminal proceedings initiated against him by the magisterial court in Ranchi.
Justice Ambuj Nath, while hearing the petition, directed that no coercive steps be taken against Gandhi till further orders of the court in this regard.
The high court on February 3 first put a stay on the notice for appearance of Rahul Gandhi before the court of the magistrate in Ranchi the next day.
He was ordered to appear before the magistrate in a complaint case filed against him by Navin Jha, a BJP member in Ranchi.
Jha in his petition has alleged that Gandhi had maligned BJP leader Amit Shah in a speech he made in Chaibasa before the 2019 Lok Sabha elections.
Jha had filed the complaint on April 24, last year before the court of Ranchi Sub Divisional Judicial Magistrate which was dismissed.
Thereafter, Jha filed a revision petition before the court of the Ranchi Judicial Commissioner which was allowed and the matter was remanded back to the court of the sub-divisional judicial magistrate.
Subscribe us on[ad_2]
#Jharkhand #extends #stay #notice #Rahul #Gandhi #Ranchi #court( With inputs from www.siasat.com )
