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Monday, November 20, 2023

Supreme Court's Big Order On Extra-Territorial Pre-Arrest Bail Requests

In a significant verdict, the Supreme Court on Monday held that a high court or sessions court can grant anticipatory bail for a limited period to a person apprehending arrest in connection with an FIR registered outside their territorial jurisdiction, saying it was necessary to protect a citizen's right to life, personal liberty and dignity.

The top court in its order, having wide ramifications in criminal matters where accused apprehend arrests in cases lodged in other states, laid down several conditions for grant of such a relief.

“We are of the view that considering the constitutional imperative of protecting a citizen's right to life, personal liberty and dignity, the High Court or the Court of Session could grant limited anticipatory bail in the form of an interim protection under Section 438 of CrPC in the interest of justice with respect to an FIR registered outside the territorial jurisdiction of the said court,” a bench comprising justices B V Nagarathna and Ujjal Bhuyan said.

At the same time, it said such power to grant extra-territorial anticipatory bail should be exercised in exceptional and compelling circumstances.

The verdict came on an appeal of a woman challenging the grant of anticipatory bail by a Bengaluru local court to her estranged husband and his family members in connection with a dowry harassment FIR lodged at Chirawa Police Station at Jhunjhunu district in Rajasthan.

This gave rise to a legal question of whether a sessions court can grant anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with an FIR lodged outside its jurisdiction.

Answering in affirmative, Justice Nagarathna, in her 85-page judgment, laid down certain conditions for granting such a relief.

“Prior to passing an order of limited anticipatory bail, the investigating officer and public prosecutor who are seized of the FIR shall be issued notice on the first date of the hearing, though the court in an appropriate case would have the discretion to grant interim anticipatory bail,” it said.

The bench said the order of grant of “limited anticipatory bail” must record reasons as to why the applicant apprehends an inter-state arrest and the impact of such grant of limited anticipatory bail or interim protection, as the case may be, on the status of the investigation.

“The jurisdiction in which the cognisance of the offence has been taken does not exclude the said offence from the scope of anticipatory bail by way of a State Amendment to Section 438 of CrPC,” it said.

The person, seeking anticipatory bail, must satisfy the court regarding his inability to seek anticipatory bail from the court which has the territorial jurisdiction to take cognisance of the offence, it said.

The grounds raised by the applicant may be “a reasonable and immediate threat to life, personal liberty and bodily harm in the jurisdiction where the FIR is registered”, it said.

The person apprehending arrest will have to prima facie establish the violation of the right to liberty or impediments owing to arbitrariness and “the medical status/ disability of the person".

Dealing with the facts of the case, the bench took note of the social reality of “criminal complaints relating to dowry harassment, cruelty and domestic violence arising out of unsuccessful matrimonial relationships”.

“With the increasing migration of young people for marital and career prospects, supplemented by the forces of economic liberalisation, a significant number of couples hail from two different states, with the corollary being that the matrimonial home of a complainant-wife is located in a different state from where her parental home is located,” it said.

The judgment said it would be impossible to fully account for all exigent circumstances in which an order of extra-territorial anticipatory bail may be imminently essential to safeguard the fundamental rights of the applicant.

“We reiterate that such power to grant extra-territorial anticipatory bail should be exercised in exceptional and compelling circumstances only - which means where denying transit anticipatory bail or interim protection to enable the applicant to make an application under Section 438 of CrPC before a Court of competent jurisdiction would cause irremediable and irreversible prejudice to the applicant,” it said.

The court, while considering such an application for extra-territorial anticipatory bail, in case it deems fit may grant interim protection instead for a fixed period and direct the applicant to make an application before a court of competent jurisdiction, it said.

By this judgment, the top court set aside verdicts of the Patna High Court and the Calcutta High Court “to the extent that they hold that the High Court does not possess jurisdiction to grant extra-territorial anticipatory bail that is even a limited or transit anticipatory bail.” The judgement also answered a query with regard to jurisdiction.

The question was if a person commits an offence in one state and the FIR is lodged there, can he approach a court at his native place in another state seeking “transit anticipatory bail for a limited duration”? “We have held that the accused could approach the competent court in the State where he is residing or is visiting for a legitimate purpose and seek the relief of limited transit anticipatory bail although the FIR is not filed in the territorial jurisdiction of the District or State in which the accused resides, or is present depending upon the facts and circumstances of each case,” it held. 

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



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Sunday, November 19, 2023

"हम आज और हमेशा आपके साथ खड़े हैं" : भारतीय क्रिकेट टीम की विश्वकप फाइनल में हार के बाद बोले PM मोदी

भारत और ऑस्‍ट्रेलिया के बीच क्रिकेट विश्‍व कप फाइनल (India vs Australia Final) देखने के लिए प्रधानमंत्री नरेंद्र मोदी (PM Narendra Modi) भी पहुंचे. इस मुकाबले में ऑस्‍ट्रेलिया ने भारत को छह विकेट से हरा दिया. पीएम मोदी ने शानदार जीत पर ऑस्‍ट्रेलिया को शुभकामनाएं दी हैं. साथ ही पीएम मोदी ने ऑस्‍ट्रेलिया के खिलाडी ट्रेविस हेड को उल्‍लेखनीय खेल के लिए बधाई दी है. उन्‍होंने भारतीय क्रिकेट टीम के विश्‍व कप हारने के बाद कहा कि हम आज और हमेशा आपके साथ खड़े हैं.

पीएम मोदी ने एक्स पर एक पोस्‍ट में लिखा, ,"प्रिय टीम इंडिया, विश्व कप के दौरान आपकी प्रतिभा और दृढ़ संकल्प उल्लेखनीय था. आपने बहुत अच्छे जज्बे के साथ खेला और देश को बहुत गौरव दिलाया. हम आज और हमेशा आपके साथ खड़े हैं."

प्रधानमंत्री नरेंद्र मोदी और ऑस्ट्रेलिया के उप प्रधानमंत्री रिचर्ड मार्लेस विश्व कप फाइनल देखने के लिए अहमदाबाद के नरेंद्र मोदी स्टेडियम में पहुंचे थे. पीएम मोदी के साथ गृह मंत्री अमित शाह भी मैच देखने के लिए पहुंचे. 

इससे पहले, पीएम मोदी और ऑस्ट्रेलिया के उप प्रधानमंत्री रिचर्ड मार्ल्स आईसीसी क्रिकेट विश्व कप फाइनल देखने के लिए अहमदाबाद पहुंचे. गुजरात के मुख्यमंत्री भूपेंद्र पटेल, राज्यपाल आचार्य देवव्रत और गुजरात के भारतीय जनता पार्टी प्रमुख सीआर पाटिल ने हवाई अड्डे पहुंचने पर मोदी का स्वागत किया. 

बता दें कि भारतीय टीम फाइनल में पहले बल्लेबाजी करते हुए 240 रन पर सिमट गई और ऑस्‍ट्रेलिया ने उसे छह विकेट से हरा दिया. मिचेल स्टार्क की अगुआई में गेंदबाजों के उम्दा प्रदर्शन के बाद ट्रेविस हेड के शतक से ऑस्ट्रेलिया ने आईसीसी क्रिकेट विश्व कप फाइनल में भारत को छह विकेट से हराकर लगातार नौवीं जीत के साथ अभूतपूर्व छठा एकदिवसीय विश्व कप जीता और साथ ही करोड़ों भारतीयों का दिल और मेजबान टीम का विश्व चैंपियन बनने का सपना तोड़ दिया. 

ये भी पढ़ें :

* India vs Australia Final: ऑस्ट्रेलिया ने रोका भारत का विजय अभियान, ऑस्ट्रेलिया छठी बार बना विश्व चैंपियन
* India vs Australia Final: आखिर कैसे रुका भारत का विजयी रथ, यहां जानिए क्या रहा मैच का सबसे बड़ा टर्निंग प्वाइंट
* Ind vs Aus Final: इन 5 बड़े कारणों के भारत ऑस्ट्रेलिया के खिलाफ विश्व कप गवां बैठा



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Athlete Claims She Did Not Get Government Job, Meets Haryana Minister

A national-level woman athlete on Sunday claimed that she did not get a government job as per the sports policy of the Haryana government.

Renu Chhikara met Home Minister Anil Vij at his residence and sought his intervention in the matter.

The athlete from the Sonipat district had won a bronze medal in the national-level athletic competition two years ago.

Renu Chhikara claimed that even after two years, she has still not been given a job as per the outstanding sportsperson quota in the state's sports policy. Whereas 25 other players have got jobs.

According to norms of the quota, she should have been appointed to the post of coach in the sports department, Renu Chhikara said.

She said despite being eligible for this post, her application was rejected.

Mr Vij assured the player of all possible help and sent his application to the additional chief secretary of the sports department.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



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Saturday, November 18, 2023

Evidence Deleted: Minister After Alleging Official Favoured Son's Company

Delhi Vigilance Minister Atishi has submitted an additional report to Chief Minister Arvind Kejriwal claiming that the 'digital evidence' related to Chief Secretary Naresh Kumar's son's company and ILBS are being destroyed, sources said on Saturday.

This came a day after the Vigilance Minister raised serious allegations against Delhi Chief Secretary Naresh Kumar, claiming that the latter unfairly benefited his son Karan Chauhan in getting a tender from the Delhi government, among others.

Minister Atishi also submitted a supplementary report to CM Kejriwal, with all the accusations against the chief secretary mentioned in it with various details.

It was alleged by the Delhi Government that Naresh Kumar's son Karan Chauhan's company MetaMix was allegedly tasked with the job of making an AI software "without tender" from the Delhi government's ILBS Hospital. Also, it was alleged that the company made windfall profits worth hundreds of crores from it.

Naresh Kumar, the Chief Secretary of Delhi, is also the Chairman of the Institute of Liver and Biliary Sciences (ILBS) Hospital.

However, the hospital later refuted the claims of Vigilance Minister Atishi and said that Chief Secretary Naresh Kumar's son Karan Chauhan is not related to the hospital in any way.

The hospital further clarified that Karan Chauhan is not a signatory to the MoU.

Meanwhile, in today's additional report, Atishi also questioned the clarification issued by ILBS on Friday, sources said.

She also said that the 'digital evidence' is being deleted from various social media platforms.

"Within 24 hours of the Metamix-ILBS investigation report, Multiple web posts and links related to Karan Chauhan (Chief Secy Naresh Kumar's son), MetaMix and the partnership between ILBS-MetaMix are being deleted in a bid to destroy evidence and suppress the facts" Atishi said in the additional report.

"The official LinkedIn profile of MetaMix including a post made about 4 months ago announcing the partnership between MetaMix and ILBS to set up an innovation lab at ILBS has been taken down," it claimed.

The report also said, "A post on Twitter/X profile of ILBS Hospital (@ILBS_India) dated September 1, 2023 referred to the ILBS-MetaMix partnership deleted."

"ILBS statement does not deny indisputable facts that have resulted in huge financial and reputational gains to MetaMix," it added.

Moreover, MetaMix Technologies Pvt. Ltd. in a statement said that the company has neither any stakeholder having the name 'Karan Chauhan' nor any Director or employee with such a name.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



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Friday, November 17, 2023

Car Driver Bites Off Portion Of Man's Finger In Delhi Road Rage, Say Cops

In a road rage incident, a man allegedly bit and dismembered the portion of a finger of a 56-year-old person in the Khayala area of west Delhi, police said on Friday.

The police have registered an FIR against the accused and started probing the matter, they added.

In his police complaint, the victim Rajesh said that the incident took place around 11.40 am on Wednesday after he dropped his wife near Keshopur Mandi on his motorbike and was returning home.

When a car hit his leg from behind, Rajesh asked the accused to drive properly. The driver, however, started arguing with him and even thrashed him, the complaint said.

"When I tried to save myself, the man bit my left hand's index finger and dismembered its upper portion," Rajesh said in his complaint lodged at Khayala police station.

The accused, later identified as Umang Taneja, was trying to flee the spot, but the passersby overpowered him and called the police, Rajesh added.

The victim was rushed to a nearby hospital for treatment, a senior police officer said.

An FIR has been registered against Taneja under Sections 279 (rash driving or riding on a public way), and 324 (voluntarily causing hurt by dangerous weapons or means) of the Indian Penal Code, the officer added.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



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Case Against Man After Teen Dies By Suicide In Ghaziabad: Police

A 16-year-old girl allegedly hanged herself in her house in Ghaziabad, police said on Friday.

The police have booked a man for alleged abetment to suicide in the case, they added.

Neha was found hanging from her room's ceiling fan at her house in the Sudama Puri area here on Thursday, they added.

An FIR has been lodged in this connection by her father Kushamvir at Wave City police station, Deputy Commissioner of Police (Rural) Vivek Chandra Yadav said.

Neha's father alleged that he was informed by his neighbour that a man named Lucky came to his house when his daughter was alone, Mr Yadav said.

He also accused Lucky of allegedly abetting the suicide of his daughter, he added.

The DCP said the girl had called the man in the absence of her family members. One of the neighbours informed Neha's father after he spotted her with Lucky around 11 am on Thursday.

When Neha's father and brother reached home, they saw the man trying to escape from the terrace. They caught him and handed him over to the police, the DCP said.

The police are trying to ascertain whether Neha allegedly died by suicide due to fear of her parents or the Lucky provoked her. According to her call record details, Neha used to frequently speak to him over the phone, he said.

The possibility of honour killing cannot be ruled out, the DCP added. 

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



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Thursday, November 16, 2023

India Calls On Canada To Respect Vienna Convention On Diplomatic Ties

India on Thursday called on Canada to provide for a conducive environment in line with provisions of the Vienna convention on diplomatic relations so that its officials can discharge their duties without any hindrance or security concerns.

India's fresh call to Ottawa came days after certain pro-Khalistani elements in Vancouver attempted to disturb a camp organised by the Indian consulate in that city.

The ties between India and Canada came under severe strain following Canadian Prime Minister Justin Trudeau's allegations in September of "potential" involvement of Indian agents in the killing of Khalistani separatist Hardeep Singh Nijjar.

India strongly rejected the allegations.

"Our High Commission and consulates in Canada regularly organise consular camps. One such camp was organized near Vancouver on November 12 to provide life certificates to pensioners," External Affairs Ministry spokesperson Arindam Bagchi said during his weekly media briefing.

"The event was held successfully despite attempts by a few radical elements to cause trouble. Our Consul General was not present at that camp," he said.

"We reiterate the need for nations to respect the Vienna Convention on diplomatic relations so that our diplomats can discharge their diplomatic obligations," he added.

Asked about reports of an incident near Brampton during Diwali, Mr Bagchi it was sort of an "unrest' between two groups.

As regards to events that you alluded to near Brampton in Diwali. I think that was more in the nature of unrest between the two groups, he said.

"I don't think there has been any complaint that our consulate has received... I saw some social media reports. We also understand that the authorities there are looking into that incident," he said.

Days after Mr Trudeau's allegations, India temporarily suspended issuance of visas to Canadian citizens and asked Ottawa to downsize its diplomatic presence in the country to ensure parity.

Canada has already withdrawn 41 diplomats and their family members from India. India has resumed some of the visa services. 

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



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