Is this some kind of joke: SC on trial through WhatsApp

Agencies
September 9, 2018

New Delhi, Sept 9: Have you ever heard of a trial in a criminal case being conducted through instant messaging app WhatsApp?

Bizzare but true.

This peculiar case has reached the Supreme Court, which was left wondering as to how this kind of a "joke" was allowed to happen in a court of law in India.

The case, involving a former minister of Jharkhand and his MLA wife, saw the lower court judge in Hazaribagh putting these accused on trial by pronouncing the order framing charges against them through a 'WhatsApp' call.

Former Jharkhand minister Yogendra Sao and his wife Nirmala Devi, who are accused in a rioting case of 2016, were granted bail last year by the top court which had imposed a condition that they shall stay in Bhopal and not enter Jharkhand except for attending the court proceedings.

Both the accused have now told the apex court that the trial judge had on April 19 this year framed charges against them through a 'WhatsApp' call despite they raising objections to it.

A bench comprising Justices S A Bobde and L N Rao took serious note of the submissions and said, "What is happening in Jharkhand. This process cannot be allowed, and we cannot allow administration of justice to be brought into disrepute".

"We are here on the way of trial being conducted through WhatsApp. This can not be done. What kind of a trial is this? Is this a kind of joke?" the bench asked the counsel appearing for Jharkhand.

The bench issued a notice to Jharkhand on the plea by both the accused, who have sought transfer of their cases from Hazaribagh to New Delhi, and asked the state to respond to it within two weeks.

Jharkhand's counsel told the top court that Sao has been violating the bail condition and had been out of Bhopal most of the time due to which proceedings in the case were delayed.

To this, the bench observed, "That is a different thing. If you have a problem with violation of bail conditions by the accused, you can file a separate application seeking cancellation of bail. We make it clear that we have no sympathy with those who have violated bail condition."

Senior advocate Vivek Tankha, appearing for the couple, said that the accused were granted bail on December 15, 2017 by the apex court in the case and they were directed to stay in Bhopal in Madhya Pradesh as a bail condition.

"The trial was directed to be conducted through video conferencing from district court in Bhopal and district court in Hazaribagh, Jharkhand," he said.

Tankha said that video conferencing connectivity was most of the times "very low" in Bhopal and Hazaribagh district courts and the April 19 order was pronounced by the trial judge through 'WhatsApp' call.

The bench asked Tankha as to how many cases were pending against both the accused.

Tankha said that 21 cases were pending against Sao, while nine cases were pending against his wife.

"They are both politicians and have led various protests against land acquisition done by the National Thermal Power Corporation (NTPC) in Jharkhand and most of these cases relate to those agitations," he said.

Tankha said that since both them were lawmakers at the time of filing of these cases, the trial in these matters should be transferred to the special court in Delhi which is exclusively dealing with cases involving politicians.

Both Devi and Sao were accused in the case relating to violent clashes between villagers and police in 2016 in which four persons were killed. Sao had become a minister in the Hemant Soren government in August 2013.

According to police, Devi had led an agitation against NTPC authorities for their alleged attempt to forcefully evacuate villagers from Barkagaon without giving them due compensation or rehabilitation.

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Agencies
February 20,2020

Kanpur, Feb 20: Inspector general, Kanpur range, has ordered a probe into a woman's allegation that the cops misbehaved with her at Raipurwa police station when she went there with her father to lodge a complaint of harassment and eve-teasing.

The woman posted her complaint on the Twitter handle of Kanpur police.

The woman, 21, alleged that instead of listening to her complaint, Raipurwa cops asked her, "Zyada padh gayi ho, itna advance kisne bana dia hai, tumhare Papa ne?" (You are too educated. Who made you so advanced - your father?)

She further said that instead of taking necessary action on her complaint, the police forced her father to compromise with the accused, the son of her landlord, who harassed her on Monday.

The woman also stated that there were no female cops at the police station and she had to wait for several hours.

"Throughout my presence at the police station, I had to interact with male cops," she tweeted.

Inspector, Raipurwa, Sunil Kumar, however, has denied allegations.

"Her allegations are not true. Both the parties settled the dispute on their own," he said.

IG Range, Mohit Agarwal, meanwhile, said, "I have asked the SSP to initiate a probe in this regard and take action against guilty cops."

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News Network
June 19,2020

Kolkata, Jun 19: The nationwide clamour for boycott of Chinese goods is getting louder amid the Ladakh face-off, with traders urging the Centre to direct e-commerce firms to restrict the sale of items from the Dragonland, which imports products worth USD 74 billion to India annually.

Of the total import from China, retail traders sell goods worth around USD 17 billion, mostly comprising toys, household items, mobiles, electric and electronic goods and cosmetics among other things, which could possibly be replaced by Indian products, a national trading body said.

"We, at 'Federation of All India Vyapar Mandal', are advising our members to clear their stocks of Chinese products and refrain from placing fresh orders. We are also requesting the government to restrict e-commerce companies from selling Chinese products," V K Bansal, the association's general secretary, told PTI.

Sushil Poddar, the president of the Confederation of West Bengal Traders Association, said its members have been told to shun trading in Chinese goods as much as possible.

Another national traders' body, The Confederation of All India Traders (CAIT), has decided to step up its movement against the boycott of Chinese goods, under its campaign 'Bhartiya Samaan-Hamara Abhimaan'.

It released a list of over 450 broad categories of commodities, comprising 3,000 Chinese products.

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Agencies
January 11,2020

New Delhi, Jan 11: The Supreme Court is scheduled to hear the curative petition of two death row convicts in 2012 Nirbhaya gang-rape case on January 14.

A five-judge Bench of Justices N V Ramana, Arun Mishra, R F Nariman, R Banumathi and Ashok Bhushan will hear the petition filed by Vinay Sharma and Mukesh.

The duo had moved a curative petition in the top court after a Delhi court issued a death warrant in their name and announced January 22 as the date of their execution.

Besides them, two other convicts named Pawan and Akshay are also slated to be executed on the same day at 7 am in Delhi's Tihar Jail premises.

They were convicted and sentenced to death for raping a 23-year-old woman on a moving bus in the national capital on the night of December 16, 2012.

The victim, who was later given the name Nirbhaya, died at a hospital in Singapore where she had been airlifted for medical treatment.

A curative petition is the last judicial resort available for redressal of grievances. It is decided by the judges in-chamber.

If it is rejected, they are legally bound to move a mercy petition. It is filed before the President who has the power to commute it to life imprisonment.

The court after issuing a black warrant in their name gave them two weeks' time to file both the curative and mercy petition.

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