1) The court heard a public interest litigation case regarding the investigation into the death of a girl in Mainpuri, Uttar Pradesh.
2) The Director General of Police admitted serious lapses in the investigation and three police officers, including the investigating officer, have been placed under suspension.
3) The court has directed that a new Special Investigation Team be formed to investigate the case afresh under the court's supervision, collecting all relevant evidence and applying scientific investigation methods, with the goal of completing the new investigation within six weeks.
On Tuesday, May 15, the Allahabad High Court granted bail to Dr. Satish Kumar. Dr. Kumar was in prison in relation to an incident that took place in Baba Raghav Das Medical College in Gorakhpur, Uttar Pradesh, in August 2017, in which 30 children died, allegedly because of the lack of oxygen. Dr. Kumar headed the anaesthesia department at the hospital. The Court noted in its order that Dr. Kumar spent seven months in custody, and that he "is a qualified medical practitioner with no prior criminal history.
On Tuesday, May 15, the Allahabad High Court granted bail to Dr. Satish Kumar. Dr. Kumar was in prison in relation to an incident that took place in Baba Raghav Das Medical College in Gorakhpur, Uttar Pradesh, in August 2017, in which 30 children died, allegedly because of the lack of oxygen. Dr. Kumar headed the anaesthesia department at the hospital. The Court noted in its order that Dr. Kumar spent seven months in custody, and that he "is a qualified medical practitioner with no prior criminal history.
HOW THE POLICE ARE PROTECTING THE MURDERERS OF PEHLU KHANsabrangsabrang
SABOTAGE WEAKENS CASE AGAINST GAU RAKSHAKS
Report Endorsed By:
Alliance for Justice and Accountability, New York • Citizens for
Justice and Peace, Mumbai • Dalit American Coalition, New
York • Human Rights Law Network, New Delhi • Indian
American Muslim Council, Washington D.C. • Jamia Teachers’
Solidarity Association, New Delhi • South Asia Solidarity
Group, London • South Asian Solidarity Initiative, New York
First india jaipur edition-30 july 2020FIRST INDIA
Welcome to the Official Website of First India E-Paper. We are the best ENGLISH NEWS PAPER in India with Special coverage of Rajasthan & Gujrat. Follow us for the LATEST NEWS & Top LIVE NEWS in India and around the world.
Visit:- https://www.firstindia.co.in/
This matter concerns a police conduct complaint submitted 8 November 2015 which was initially dealt with by way of Local Resolution. The outcome (which was appealed and referred to the IOPC) was provided on 3 April 2017. On completing the review, the IOPC deemed the statutory conditions were not met for the matter to be suitable for local resolution and directed the force to fully investigate the complaint, taking into consideration further information such as evidence in support of alleged collusion between the police, CPS and Courts.
HOW THE POLICE ARE PROTECTING THE MURDERERS OF PEHLU KHANsabrangsabrang
SABOTAGE WEAKENS CASE AGAINST GAU RAKSHAKS
Report Endorsed By:
Alliance for Justice and Accountability, New York • Citizens for
Justice and Peace, Mumbai • Dalit American Coalition, New
York • Human Rights Law Network, New Delhi • Indian
American Muslim Council, Washington D.C. • Jamia Teachers’
Solidarity Association, New Delhi • South Asia Solidarity
Group, London • South Asian Solidarity Initiative, New York
First india jaipur edition-30 july 2020FIRST INDIA
Welcome to the Official Website of First India E-Paper. We are the best ENGLISH NEWS PAPER in India with Special coverage of Rajasthan & Gujrat. Follow us for the LATEST NEWS & Top LIVE NEWS in India and around the world.
Visit:- https://www.firstindia.co.in/
This matter concerns a police conduct complaint submitted 8 November 2015 which was initially dealt with by way of Local Resolution. The outcome (which was appealed and referred to the IOPC) was provided on 3 April 2017. On completing the review, the IOPC deemed the statutory conditions were not met for the matter to be suitable for local resolution and directed the force to fully investigate the complaint, taking into consideration further information such as evidence in support of alleged collusion between the police, CPS and Courts.
Legal scenario around Narco analysis and polygraph tests in India.pdfFree Law - by De Jure
The most sensational news at present is of Shradha Walker murder, Aftab Poonawalla who is prime accused in that case is now about to take the polygraph and narco analysis test to dig out the truths in the miser case.
पंजाब एंड हरियाणा हाईकोर्ट ने कड़े गैरकानूनी गतिविधि रोकथाम अधिनियम (UAPA Act) के तहत गिरफ्तार किए गए व्यक्ति को जमानत दे दी। कोर्ट ने यह यह देखते हुए उक्त व्यक्ति को जमानत दी कि पाकिस्तान के साथ संबंधों के आधार पर कथित तौर पर कुछ आतंकवादी कृत्यों को अंजाम देने की योजना बनाने के मामले में प्रथम दृष्टया कोई मामला नहीं बनता है।
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
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Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
1. Court No. - 29
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 509 of
2020
Petitioner :- Mahendra Pratap Singh
Respondent :- State Of U.P. Through Secretary (Home) And 2
Others
Counsel for Petitioner :- In Person
Counsel for Respondent :- C.S.C.
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
Hon'ble Anil Kumar Ojha,J.
Heard Sri Manish Goyal, Additional Advocate General assisted
by Ms. Akanksha Sharma for the respondents.
Pursuant to the order of this Court on last two dates, the
Director General of Police submits that action has been taken
against those police officers who defaulted in conducting the
investigation in a fair and proper manner. The D.G.P. has
admitted serious lapse in the investigation and accordingly, the
investigating officer Pahup Singh has been placed under
suspension on following grounds-:
"ददिनननांक 16.09.2019 कको जवनहर नवकोदिय दवदनलय, भकोगनगाँव जनपदि ममैनपपुररी ककी ककन
11 ककी दवजनन वगर ककी छनत्र कन शररीर दवनांग क
के प्रवकेश कक मम पनांखम ककी ररॉड मम बनके छकेदि पर
दिपुपटके सके लटकन पनयके जननके पर ममृतकन क
के दपतन शरी सपुभनष चन्द्र पनण्डकेय दनरन थननन भकोगनगाँव
पर ददिनननांक 17.09.2019 कको मपु०अ०सनां० 392/2019 धनरन 302/376/511/34 भनदिदव व
पकोक्सको 7/8/18 एक्ट क
के अन्तगरत पनांजरीक
मृ त करनयन गयन। इस अदभयकोग ककी प्रनममभक
दववकेचनन क
के दिदौरनन आपक
के दनरन दवदनलय पररसर मम लगके सरीसरीटरीवरी क
मै मर क
के आधके-अधधूरके
फ
पु टकेज 78 ददिवस दवलमब सके प्रनप्त दकयके गयके।
2. ममृतकन क
के वमैजनइनल स्लनइड व चडरी मम मननव वरीयर ककी पपुदष्टि समबन्धरी एफ० एस०
एल०, आगरन ककी आख्यन ददिनननांक 17.10.2019 कको प्रनप्त हकोनके क
के उपरनन्त आपक
के दनरन
45(पपतनलरीस) ददिवस ककी लमबरी अवधध तक एक भरी ननदमत यन सनांददिग्ध व्यदक्ति क
के रक्ति कन
2. नमधूनन प्रप्त कर डरी०एन०ए० दमलनन हकेतपु दवधध दवजनन प्रयकोगशनलन नहहीं भकेजन गयन।
3. ममृतकन ककी पकोस्टमनटरम ररपकोटर मम "HYMEN TORN, CLOTTED BLOOD
PRESENT IN VAGINA" जमैसके तथ्ययों कको गमभरीरतन सके नहहीं धलयन गयन। यददप यह
महत्वपधूरर तथ्य ममृतकन क
के सनथ दिपुरनचनर हकोनके ककी तरफ प्रथम दृष्टियन इनांदगत करतन हमै
(उलकेखनरीय हमै दक बनदि मम एफ० एस० एल०, आगरन ककी ररपकोटर मम इसककी पपुदष्टि भरी हहई हमै)
तथनदप ममृतकन क
के स्क
धू ल यधूदनफरॉमर कको सरीज कर पररीकर हकेतपु दवधध दवजनन प्रयकोगशनलन
नहहीं भकेजन गयन।
4. ममृतकन ककी ममृत्यपु क
के समबन्ध मम ददिनननांक 17.09.2019 कको मपुकदिमन पनांजरीक
मृ त हकोनके क
के
उपरनन्त आपक
के दनरन मपुकदिमम ककी अदभयपुक्तिन शरीमतरी सपुषमन सनगर कन त्वररत बयनन नहहीं
दकयन गयन बमलक अत्यधधक दवलमब सके ददिनननांक 08.12.2019 कको लगभग 03 मनह बनदि
बयनन अनांदकत दकयन गयन धजस कनरर मपुकदिमम ककी दववकेचनन पर दवपररीत प्रभनव पडन।
इस प्रकनर स्पष्टि हमै दक उक्ति महत्वपधूरर अदभयकोग ककी दववकेचनन मम आपक
के दनरन
घकोर लनपरवनहरी एवनां उदिनसरीनतन बरतरी गयरी धजससके जहननां एक ओर घटनन क
के सफल
अननवरर पर प्रदतक
धू ल प्रभनव पडन वहहीं दिधूसररी ओर जन सनमनन्य मम पपुधलस ककी छदव
धधूदमल हहई हमै।"
A perusal of the reasons for placing him under suspension
shows serious lapses in the investigation. It was found that in
the vaginal slide, human semen was found apart from sperm on
the underwear of the deceased girl. Despite receipt of the report
from F.S.L., Agra, the Investigating Officer did not send for
DNA test of those persons within 45 days who were named in
the F.I.R. or who were suspected and thereby subsequent DNA
remains of no use. There are other aspects which have been
taken note of for placing the officers under suspension.
It is also stated that the inquiry against the then Superintendent
3. of Police, Mainpuri would also be completed soon. It is also
stated that two other officers Om Prakash, Additional
Superintendent of Police and Priyank Jain, Deputy
Superintendent of Police have also been placed under
suspension.
The new S.I.T. has constituted to investigate the matter within
the shortest possible time and possibly, it would be completed
within a period of six weeks.
Sri Amrendra Nath Singh, Senior Counsel assisted by Ms.
Chhaya Gupta, Sri Prabha Shankar Mishra and other Bar
Members has submitted that it is not only a case of serious lapse
of investigation but a case where the effort of the investigating
team was to give benefit to the accused. Referring to the F.I.R.,
he submitted that the incident said to have taken place at around
5.30-6.00 AM but the parents were not informed about the
incident by the Principal of the school rather knowledge of the
incident could be gathered from the relative Sri Vijay Mishra
who was present in the hospital for the treatment of his wife.
It is also stated that statement of the father was not recorded
despite being material apart from record of call details of
15.09.2019 was taken when the deceased said to have called the
mother.
Learned Senior Counsel further referred to Section 173 Cr.P.C.,
as amended. It is to show duration to complete the investigation
in a case registered for the offence under Sections 376, 376-A,
376-AB, 376-B, 376-C, 376-D, 376-DA, 376-DB or 376-E
I.P.C. In the instant case, even the statement of the named
accused were recorded after three months and were not arrested
despite serious allegations against them. The effort was to
somehow make them free and thereby no evidence relevant to
4. the case was collected rather subsequent investigation was also
to give clean chit to the accused.
Learned Senior Counsel Sri Amrendra Nath Singh submits that
now the investigation should be conducted under the
supervision of the High Court.
He further submits that the accused were named, yet they have
not been arrested otherwise truth would have come.
We have considered the submissions made by the learned
Senior Counsel Sri Amrendra Nath Singh and Sri Prabha
Shankar Mishra appearing for the Bar to assist the Court.
We find that the D.G.P. has realised that the serious lapses in the
investigation of the case and thereby three officers have been
placed under suspension and the inquiry against the then
Superintendent of Police would be completed at the earliest. A
new S.I.T. team has been constituted to hold a fresh
investigation because the investigation conducted till date
cannot be trusted and accordingly we direct the new team to
investigate the matter afresh. It would be after taking note of the
allegations in the FIR and the lapses committed by the earlier
investigating team. They would collect all the evidence relevant
to the case. The investigation would be under the supervision of
this Court.
It is made clear that if any matter comes before any Court in
reference to the present case, the detailed order of this Court
would be produced before the Court concerned to give reasons
for holding a fresh investigation and further action in the matter
so that direction in the public interest litigation may not go
unnoticed by any Court for taking proper decision.
Since Section 173 (2) Cr.P.C. mandates completion of
5. investigation within time frame, the D.G.P. is directed to find
out whether necessary order has been issued by the State
Government to direct the investigating officers for compliance
of the provisions, as amended. If circular/direction has been
issued till date, then immediately an order be issued. Delay in
the investigation in such cases should be made subject or
explanation otherwise delay without any reason should invite
action against the defaulting officers. The provision of Section
173 Cr.P.C., as amended, should not be taken casually rather
seriousness should be attached. The Government is directed to
take action against the defaulting officers, if cause delay in
investigation of the offence under Section 173 Cr.P.C. If the
investigating officers are not efficient then in future they should
not be assigned investigation of the case. It is further directed
that in the investigation, all scientific methods should be
applied because defective investigation or investigation without
collection of proper evidence, results in acquittal and therefore
only the conviction rate is only 6 to 7%.
We direct the police administration to not only monitor the
investigation but guide the investigating officers to apply the
scientific methods for investigation and for that periodically
training program should be arranged. At the end, we further
direct that not only the investigating officer but the officers who
supervise the investigation should be made responsible if any
defect is found in the investigation.
At this stage, learned Senior Counsel Sri Amrendra Nath Singh
submits that looking to the seriousness of the case and direction
of this Court, the security of the family and the petitioner in
person may be required, thus a direction for it may be given. We
accept the prayer and direct the respondents to provide adequate
security to the family of the deceased so as the petitioner in
6. person. The D.G.P. is directed to closely monitor the progress of
the investigation so that it may be reached to its logical
conclusions.
The Registry is directed to send copy of this order to the
District Judge, Mainpuri who may circulate the copy of the
order amongst subordinate officers.
The presence of the D.G.P. along with other police officers is
dispensed with till further order.
Let this petition be listed again on 18.10.2021 at 10.00 AM as
first case.
Order Date :- 16.9.2021
Nirmal Sinha
(Anil Kumar Ojha, J.) (Munishwar Nath Bhandari, A.C.J.)