MONTH THAT WAS
FIR copy to accused, no issue: HC
Mumbai: The Bombay High Court significantly ruled that an accused person facing a criminal charge can be given a copy of the First Information Report (FIR) by the police at the time of arrest.
Justice D.G. Karnik was hearing an anticipatory bail application filed by Mohammed Khalid Shaikh (25) from Pune who is facing charges of forgery and cheating. Shaikh contested the process that facilitates the accused to plan his course of defence even before he or she is produced before a magistrate for remand to either police or judicial custody. According to the Criminal Procedure Code (CrPC) 1973, only a magistrate can give a copy of the FIR to the accused on demand. "A police officer is also required, in law, to give a certified copy of a FIR to the accused on demand," said Justice Karnik in his order.
Case of missing wife
Mumbai: Man goes to the police station to lodge a missing person’s complaint for his wife. Shows his wife’s photographs to the police officers. To his surprise, he is told that his wife has been found and is present in the station. Turns out, his wife had been arrested the night before for a chain-snatching attempt! Visibly upset, he claims he has no clue of his wife’s ‘misdeeds’.
HC stays survey report of slum rehab
Mumbai: The Bombay High Court directed the district authorities not to submit a survey report made for the purpose of slum rehabilitation scheme on a 233-acre piece of land in Dahisar. It is alleged that Chief Minister Ashok Chavan directed that survey charges be waived; and the land had mangroves which are protected by High Court’s order. In response to a PIL filed by Bombay Environmental Action Group, the High Court in 2005 directed that mangroves shall not be destroyed anywhere in the state. Newlink Residents’ Forum has filed an application in this PIL, alleging that local corporator is trying to develop this huge swathe of land which once had lush mangroves.
CBI becomes time bound
Chennai: The CBI has decided to set a one-year dead-line for investigations into any case it takes up. In a recent meeting of its law officers, branch heads and zonal heads in Delhi, the CBI also decided to speed up procedures so that trials could begin within two years.
As a first step, the premier investigating agency has decided that all cases under investigation for more than a year will be disposed of by March 31. The meeting took stock of inordinate delays that drag important cases for long years.
The move comes as the agency has faced a lot of criticism for failing to come up with conclusions in cases like the high-profile Aarushi Talwar murder case. The 14-year-old daughter of a dentist couple was murdered at her Noida home on May 16, 2008. On January 5, the CBI moved the court for narco-analysis of Aarushi’s parents, but is yet to make any progress in the case.
Similarly, in the sister Abhaya murder case (the nun was found dead in a well at St Pius X Convent in Kottayam on March 27, 1992), the CBI took 16 years to file the chargesheet. The trial in this case has been marred by controversies and is yet to conclude. CBI ADG and chief spokesperson Harsh Bhal said efforts have been taken to expedite trials and speed up investigations. "In order to ensure that trials are conducted expeditiously and judgments delivered quickly, the CBI is adhering to a norm of 50 cases for each prosecuting officer," he said. "Pairvi and prosecution teams have been constituted to assist CBI prosecutors." Efforts will be made in making all newly sanctioned 71 CBI courts functional by pursuing the matter with the respective states and high courts.
Lawyer Anand introspects, says 'sorry' to SC
New Delhi: Noted criminal lawyer RK Anand, who had defended former prime minister the late PV Narsimha Rao in the MPs’ bribery case, tendered an unconditional apology to the Supreme Court (SC) for trying to influence the course of justice in the BMW hit-and-run case.
He tendered a "sincere and unqualified unconditional apology" for all acts imputed to him in a string operation carried out by a news channel in 2007.
SC had on July 29, 2009, upheld a Delhi high court order holding him guilty of contaminating the trial of his clients Sanjeev Nanda, convicted of running over six pedestrians 10 years ago, and stripping his ‘senior advocate’ status for contempt of court.
Anand apologised after the apex court issued him a notice asking why he should not be handed a stringent punishment. He pleaded that his punishment should not be enhanced under section 12 of the Contempt of Court Act.
The sting exposed the culpability of Anand and special prosecutor IU Khan, an independent lawyer who has defended at least a few thousand murder accused, in ensuring the acquittal of Sanjeev, grandson of former Indian Navy chief SM Nanda SC, however, acquitted Khan, who now represents Congress leader and 1984 anti-Sikh riots accused, Sajjan Kumar.
Meanwhile, Sanjeev has completed his prison term and got married.
India rules out Islamic banking for now
New Delhi: India ruled out introducing Islamic banking in the country for the moment, making the wait longer for interest-free access to finance under the principle of Sharia. The introduction of Islamic banking was recommended by a committee on financial sector reforms, set up by the planning commission, for delivery of interest-free finance on a larger scale, even through the banking system. However, the government decided not to go ahead with the recommendations, and said it was not feasible to introduce the new system in the current scheme of things." In the current statutory and regulatory framework, it is not feasible for banks in India to undertake Islamic banking activities," Minister of State for Finance Namo Narain Meena told the Lok Sabha. He said the rules will apply to domestic banks and their international operations and any foreign bank operating in India. A large number of around 150 million Muslims in India-the third largest Muslim population in the world after Indonesia and Pakistan-prefer to stay away from commercial banks due to religious proscriptions against interest-driven banking.
Mumbai: The Bombay High Court significantly ruled that an accused person facing a criminal charge can be given a copy of the First Information Report (FIR) by the police at the time of arrest.
Justice D.G. Karnik was hearing an anticipatory bail application filed by Mohammed Khalid Shaikh (25) from Pune who is facing charges of forgery and cheating. Shaikh contested the process that facilitates the accused to plan his course of defence even before he or she is produced before a magistrate for remand to either police or judicial custody. According to the Criminal Procedure Code (CrPC) 1973, only a magistrate can give a copy of the FIR to the accused on demand. "A police officer is also required, in law, to give a certified copy of a FIR to the accused on demand," said Justice Karnik in his order.
Case of missing wife
Mumbai: Man goes to the police station to lodge a missing person’s complaint for his wife. Shows his wife’s photographs to the police officers. To his surprise, he is told that his wife has been found and is present in the station. Turns out, his wife had been arrested the night before for a chain-snatching attempt! Visibly upset, he claims he has no clue of his wife’s ‘misdeeds’.
The 103 helpline for women
Mumbai: On the second anniversary of the 103 helpline, launched by the Mumbai police to tackle violence against women, it’s been decided to take the idea across the state. Additional chief Secretary (Home) Chandra Iyengar made an announcement to this effect after a permission to cover the entire state under the helpline was granted.
Launched by the Mumbai police with the support of NGO’s like Akshara, the helpline claims to reach the victim within seven minutes of the distress call. Mumbai Police Commissioner D Sivanandan said, "In 99 percent of cases, we do manage to reach the victim within the stipulated seven minutes.
Mumbai: On the second anniversary of the 103 helpline, launched by the Mumbai police to tackle violence against women, it’s been decided to take the idea across the state. Additional chief Secretary (Home) Chandra Iyengar made an announcement to this effect after a permission to cover the entire state under the helpline was granted.
Launched by the Mumbai police with the support of NGO’s like Akshara, the helpline claims to reach the victim within seven minutes of the distress call. Mumbai Police Commissioner D Sivanandan said, "In 99 percent of cases, we do manage to reach the victim within the stipulated seven minutes.
HC stays survey report of slum rehab
Mumbai: The Bombay High Court directed the district authorities not to submit a survey report made for the purpose of slum rehabilitation scheme on a 233-acre piece of land in Dahisar. It is alleged that Chief Minister Ashok Chavan directed that survey charges be waived; and the land had mangroves which are protected by High Court’s order. In response to a PIL filed by Bombay Environmental Action Group, the High Court in 2005 directed that mangroves shall not be destroyed anywhere in the state. Newlink Residents’ Forum has filed an application in this PIL, alleging that local corporator is trying to develop this huge swathe of land which once had lush mangroves.
CBI becomes time bound
Chennai: The CBI has decided to set a one-year dead-line for investigations into any case it takes up. In a recent meeting of its law officers, branch heads and zonal heads in Delhi, the CBI also decided to speed up procedures so that trials could begin within two years.
As a first step, the premier investigating agency has decided that all cases under investigation for more than a year will be disposed of by March 31. The meeting took stock of inordinate delays that drag important cases for long years.
The move comes as the agency has faced a lot of criticism for failing to come up with conclusions in cases like the high-profile Aarushi Talwar murder case. The 14-year-old daughter of a dentist couple was murdered at her Noida home on May 16, 2008. On January 5, the CBI moved the court for narco-analysis of Aarushi’s parents, but is yet to make any progress in the case.
Similarly, in the sister Abhaya murder case (the nun was found dead in a well at St Pius X Convent in Kottayam on March 27, 1992), the CBI took 16 years to file the chargesheet. The trial in this case has been marred by controversies and is yet to conclude. CBI ADG and chief spokesperson Harsh Bhal said efforts have been taken to expedite trials and speed up investigations. "In order to ensure that trials are conducted expeditiously and judgments delivered quickly, the CBI is adhering to a norm of 50 cases for each prosecuting officer," he said. "Pairvi and prosecution teams have been constituted to assist CBI prosecutors." Efforts will be made in making all newly sanctioned 71 CBI courts functional by pursuing the matter with the respective states and high courts.
Lawyer Anand introspects, says 'sorry' to SC
New Delhi: Noted criminal lawyer RK Anand, who had defended former prime minister the late PV Narsimha Rao in the MPs’ bribery case, tendered an unconditional apology to the Supreme Court (SC) for trying to influence the course of justice in the BMW hit-and-run case.
He tendered a "sincere and unqualified unconditional apology" for all acts imputed to him in a string operation carried out by a news channel in 2007.
SC had on July 29, 2009, upheld a Delhi high court order holding him guilty of contaminating the trial of his clients Sanjeev Nanda, convicted of running over six pedestrians 10 years ago, and stripping his ‘senior advocate’ status for contempt of court.
Anand apologised after the apex court issued him a notice asking why he should not be handed a stringent punishment. He pleaded that his punishment should not be enhanced under section 12 of the Contempt of Court Act.
The sting exposed the culpability of Anand and special prosecutor IU Khan, an independent lawyer who has defended at least a few thousand murder accused, in ensuring the acquittal of Sanjeev, grandson of former Indian Navy chief SM Nanda SC, however, acquitted Khan, who now represents Congress leader and 1984 anti-Sikh riots accused, Sajjan Kumar.
Meanwhile, Sanjeev has completed his prison term and got married.
India rules out Islamic banking for now
New Delhi: India ruled out introducing Islamic banking in the country for the moment, making the wait longer for interest-free access to finance under the principle of Sharia. The introduction of Islamic banking was recommended by a committee on financial sector reforms, set up by the planning commission, for delivery of interest-free finance on a larger scale, even through the banking system. However, the government decided not to go ahead with the recommendations, and said it was not feasible to introduce the new system in the current scheme of things." In the current statutory and regulatory framework, it is not feasible for banks in India to undertake Islamic banking activities," Minister of State for Finance Namo Narain Meena told the Lok Sabha. He said the rules will apply to domestic banks and their international operations and any foreign bank operating in India. A large number of around 150 million Muslims in India-the third largest Muslim population in the world after Indonesia and Pakistan-prefer to stay away from commercial banks due to religious proscriptions against interest-driven banking.
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