SP suspended for Facebook arrests, magistrate shunted

November 27, 2012
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Mumbai, November 27: Nearly a week after two Palghar girls were unnecessarily summoned to the police station and arrested for an innocuous Facebook post, the government is suspending the superintendent of police (Thane rural) Ravindra Sengaonkar. In a separate development, the Bombay high court on Monday transferred Ramchandra Bagade, the first-class judicial magistrate at Palghar who had given the girls bail of Rs 15,000 each.

Government officials said Palghar senior police inspector Shrikant Pingle would also be suspended and additional superintendent of police (Thane rural) Sangram Nishandar would escape with a strong warning. The action against the cops comes after a sustained campaign in TOI against the arrests of Shaheen Dhada and Rinu Shrinivasan, both 21. Sources said this is the biggest action against high-ranking police officers in Maharashtra in the recent past.

Dhada had lamented in a facebook post the November 18 shutdown due to Shiv Sena chief Bal Thackeray's funeral. Shrinivasan had 'liked' the post. Though Dhada didn't name Thackeray, the local Sena chief complained against the girls and the cops arrested the duo on November 19, which kicked off a nationwide furore over the attack on freedom of speech. Moreover, only on November 20 did cops arrest the vandals who caused Rs 20 lakh worth of damage at Shaheen's uncle's hospital on November 18, despite her taking down her post and apologizing that day itself.

The actions of Bagade had been recently questioned by former chief information commissioner Shailesh Gandhi, who asked why the magistrate hadn't seen the absurdity of the charges against the girls and thrown out the case. Bagade, who had also given bail of Rs 7,500 each to 10 hospital vandals, has been transferred to Jalgaon with immediate effect.

Sengaonkar's suspension comes after the government spent days dithering on taking action against the cops. Chief minister Prithviraj Chavan and home minister R R Patil had promised action on Thursday, but an inquiry report by special inspector general (Konkan) Sukhwinder Singh was ready only on Friday. It indicted the three cops for not taking action at the appropriate time and called for appropriate administrative action against the police officials who handled the case ineptly. However, Singh's factual report didn't specify the action. Additional chief secretary (home) Amitabh Rajan recommended suspending Sengaonkar and Pingle and warning Nishandar.

On Monday, government officials blamed the delay in taking action on the statewide alert that had been issued due to the anniversary of the 26/11 attacks.

Singh's report, which was submitted to the DGP, confirmed that there was absolutely no justification for arresting the two young women under either sections 295A or 505-2 of the IPC and Section 66A of the IT Act. The two girls were first booked under 295-A (deliberate and malicious act intended to outrage religious feelings) and IT Act section 66A (sending a grossly offensive message through a communication device). Later, 295A was dropped and replaced with 505-2 (promoting enmity, hatred or ill will).

After the arrests, DGP Sanjeev Dayal immediately submitted a preliminary report to Rajan saying there appeared to be high-handedness on the part of the police and the arrests appeared unwarranted. Union telecom and IT minister Kapil Sibal and minister of state for communications and IT Milind Deora also condemned the arrests.

Chavan appointed Singh to probe the episode on November 19. All along, both Chavan and home minister R R Patil, while admitting that the Palghar police had exceeded their brief, maintained that once the IG's report was received stern action would be taken against the erring officials. "We have taken the arrests of the two women very seriously. We will take stern action against the erring police officials. We will take such action that they will remember for life," Patil said.

However, till Monday there was no sign of any action being taken. The Union home ministry stepped in on Friday, with a joint secretary in the ministry asking the state home department to immediately submit the inquiry report and details of the action taken against erring police officials.

Singh recommended dropping the charges against the girls. His report was processed by Rajan and submitted to Patil on Saturday. "Amitabh Rajan endorsed the views expressed by Sukhwinder Singh and has recommended stringent action against the police officials indicted in the report," a senior home department bureaucrat said on Monday.

Commenting on the suspension, senior counsel Amit Desai said, "Whilst the suspension is certainly welcome, what would be appreciated is that, before the issue becomes stale in the public's mind, final action is also taken. Since it is only a proper stringent action taken by the state that alone will send a message to other officers not to act in haste in matters of registration of such FIRs or makes such incorrect arrests. Final action should be quick and strong so that the message goes out that police too must face consequences for their hasty and unjustifiable acts.

Related:

Report faults arrest of girls in FB post row

Sibal convenes meeting to discuss Mumbai girls’ arrest

Post row: Shaheen says will not visit FB, 9 held for vandalism

21-year-old girl arrested for Facebook post slamming Bal Thackeray



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Agencies
January 8,2020

Muzaffarpur, Jan 8: There is no evidence of murder of children in Bihar's Muzaffarpur shelter home, the CBI on Wednesday told the Supreme Court.

The probe agency told the apex court that two skeletons were recovered from the home's premises which were later, in forensic investigation, found to be of a woman and a man.

A bench headed by Chief Justice S A Bobde accepted the status report of the CBI and allowed two officers to be relieved from the investigation team.

Attorney General K K Venugopal, appearing for the probe agency, said investigation was done on allegations of rape and sexual assault of children and charge sheets have been filed before the courts concerned.

Venugopal said the children, who were alleged to have been murdered, were later traced and found to be alive.

He said the CBI has investigated cases of 17 shelter homes in Bihar and charge sheets have been filed in 13 of them, while in four cases the preliminary inquiry was conducted and later closed as no evidence of any wrongdoing was found.

The probe agency, in its status report filed on Monday, said no incriminating evidence proving commission of any criminal offence could be gathered in four preliminary enquiries and as such no FIR has been registered.

The CBI had also said the Bihar government has been requested to take departmental action and action of cancellation of registration and blacklisting of concerned NGOs by providing them the result of investigation, i.e., the CBI report.

Several girls were allegedly sexually and physically assaulted at a shelter home run by an NGO in Bihar's Muzaffarpur. The issue had come to light following a report by the Tata Institute of Social Sciences (TISS).

Following the report, a petition was filed in the apex court seeking lodging of an FIR and court-monitored probe by an independent agency into the allegations.

The plea filed by journalist Nivedita Jha through advocate Fauzia Shakil has sought "registration of FIR and independent investigations or court monitored probe into the affairs of these 14 (other) shelter homes in Bihar mentioned in the TISS report".

The apex court had directed the CBI to probe the offences under the Information Technology Act regarding the video recordings of the alleged assault on girls at the shelter home.

It had also directed the agency to investigate the role of "outsiders who were involved and facilitated the sexual assaults on the inmates", after administering them intoxicants and also against those who allegedly indulged in trafficking of girls from the shelter home.

The apex court had earlier directed the CBI to complete its probe into the alleged murder of 11 girls at the shelter home and asked it to file a status report.

The SC had transferred the case from Bihar to a Protection of Children from Sexual Offences (POCSO) court in Saket District Court complex in Delhi.

Earlier, the top court had directed the CBI to conduct a probe into allegations of physical and sexual abuse of inmates in 16 other shelter homes in Bihar which were flagged in the TISS report.

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News Network
July 22,2020

Thiruvananthapuram, Jul 22:An accused in a case registered under the Protection of Children from Sexual Offences (POCSO) Act jumped into the sea on Wednesday morning when he was taken for evidence collection at Kasaba in Kasargode district, police said.

Accused Mahesh was arrested following a complaint by his neighbour on Tuesday evening.

The police said that they took the accused to the seashore to collect evidence in the case when Mahesh jumped into the sea. Two police officials too jumped in after him to catch hold of him but could not locate Mahesh.

Later, swimmers were deployed to try and locate the missing man.

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Agencies
January 6,2020

New Delhi, Jan 6: A blind student who is pursuing research in Jawaharlal Nehru University (JNU) was also attacked by the mob that perpetrated violence in the University yesterday.

"I thought that the mob which came yesterday would disperse after raising a few slogans but they indulged in violence. They were targeting ABVP students. They beat me with sticks and rods. When I went to the AIIMS Trauma Centre, I came to know that there are many other injured students there," Surya Prakash, the blind student pursuing research in the University told ANI.

"I talked to my family members. They are really worried about the situation here. I qualified in the National Eligibility Test (NET) last year but I want to study and hence I am continuing research in JNU. How can we do anything in this atmosphere of fear? I am receiving calls from anonymous numbers threatening me not to come in front of the media. They are saying that as I am blind, I would become the face of this case," he added.

Another PhD student, Santosh Bhagat recounted his experience.

"In the evening at around 7 pm, many masked men entered the hostel. They had rods and sticks in their hands. We tried to go out but the attackers had entered the premises by then. I locked my room from inside but the attackers broke the door and entered my room and attacked me. They pushed me from the first floor and I fell down and sustained an injury. Later, I took shelter at one of the Professor's flat. Later, I was taken to the AIIMS Trauma Cantre," Bhagat said.

On Sunday evening, more than 30 students of the university, including JNUSU President Aishe Ghosh, were injured and were taken to the AIIMS Trauma Centre after a masked mob entered the JNU and attacked them and professors with sticks and rods.

The JNU administration and political leaders, cutting across political lines, condemned the attack on students and urged the police to take action against the perpetrators.

Meanwhile, the situation remained tense but peaceful outside JNU on Monday morning as the university guards maintained a strict vigil at the gate, checking I-cards of all those entering the university.

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