My First lesson at law college:
First day at our Law College we were chatting when Professor Sharma entered the classroom. All went quite. He was holding a few books in his arms. After placing the books on his table, the first thing he did was to ask the name of a student who was seated on the first bench: “What is your name?”
“My name is Ravi, Sir.”
“Leave the classroom and I don’t want to ever see you in my class ever! Get out. Now!!!”
Professor was almost screaming. It was a new experience. We never thought College would be worse than primary school, which we had left long ago.
Bad News For Maharashtra Government:
Arnab Goswami, the Editor of Republic TV has been granted bail by the Supreme Court yesterday. That is bad news for the autocratic Government of Maharashtra but there is more bad news. Supreme Court has not disposed off the petition and as per web site of Supreme Court SLP(Crl) No. 005598 – 005598/2020 (Crl.A. No. 000742 – 000742/2020) is still pending. It means a detailed order shall be passed later on. Order of Supreme Court dated 11 November granting bail to Arnab can be read here.
It is good that Supreme Court took notice of the grave error committed by the High Court which is the last sentinel of Constitutional Rights in a State. The Order dated 9th November 2020 passed by Maharashtra (Bombay) High Court is a classic example of how judgment should not be written. As rightly observed by the Supreme Court, in the course of hearing that High Court had time to write 57 pages of judgment on various issues but it did not consider the question of personal liberty even for once. Not once did the High Court asked the police why it arrested Arnab in a two years old case, suddenly. It did not pose the question that Bail is the rule and Jail is an exception. It did not ask for subjective satisfaction of the Investigating Officer recording need to arrest the accused. Worse, even yesterday, the State of Maharashtra could not and did not claim that Arnab was a security threat or that he was a flight risk.
Today is third day of Arnab in prison. The arguments are continuing in Bombay High Court. Yes it is still called Bombay High Court and not Mumbai. The arguments today commenced at 12 noon and are still continuing. Conspiracy theories are being hurled on social media. But that is ignorance.
It was pointed out yesterday, that Arnab is pursuing habeas corpus petition before division bench of High Court seeking quashing of proceedings and by way of interim order he has sought interim bail.
If Arnab had sought regular bail, it was ten minute job. He would have been out by now. He could have filed the petition seeking quashing of proceedings later or simultaneously but he has chosen to sacrifice himself to press this petition.
The CBI on Sunday took over the investigation into the alleged gang rape and assault that led to the death of a 19-year-old woman in Hathras, Uttar Pradesh. The accused has complained to police that it was a case of honour killing by the mother and brother of the deceased. When politicians selectively choose to exploit crime for political brownie point, truth can be anything.
The police had for past week searching a missing relative who was staying with the family from 16th September. (The incident happened on 14th September) The search led it to Medical College, Jabalpur in Madhya Pradesh and it turned out that missing relative is now ‘naxal bhabhi’ trending on social media and she is a forensic professional.
Madhya Pradesh’s Subhash Chandra Bose Medical College has initiated an enquiry into the conduct of Dr Rajkumari Bansal, a forensic specialist from the institute who according to some media outlets was living with the victim’s family “posing as a relative”. The reports alleged she had links with Naxalism. The college said she “went on leave without information”.
Conflict of interest:
Presence of any forensic expert not sponsored or permitted by investigation agency is a serious lapse in investigation. It is also a serious attempt to sabotage the investigation. This may be the first but if this is not dealt seriously it may soon may become norm with criminal calling for forensic help to wipe clean the crime scene.
Apart from that, this social media is a buzz with pictures of this forensic expert with politicians who only play identity politics. If that be true, it may be part of a big play being planned by those people. They must also be investigated and their call records checked to see who gave instructions to the Bansal to reach Hathras.
Meanwhile several police teams from Mathura have been dispatched to Malappuram district in Kerala and elsewhere to investigate the journalist and three others booked under the anti-terror law UAPA and charged with sedition for allegedly conspiring to cause caste riots in the state. The four accused — Siddiqui Kappan, a journalist with a Malayalam-language news site in Delhi, Atikur Rahman of Muzaffarnagar, Masood Ahmad from Bahraich and Aalam from Rampur — were detained on October 5 while on their way to Hathras.
From Kerala to Madhya Pradesh to Uttar Pradesh, the network of riot mongers is very vast. It needs to be broken down, like yesterday.
Filing of a false FIR is an offence:
Section 211 of Indian Penal Code, 1860 provides that false accusation of offence is itself an offence for which there is a punishment of imprisonment upto seven years and fine. This is the provision:
False charge of offence made with intent to injure.—Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;
and if such criminal proceeding be instituted on a false charge of an offence punishable with
death, imprisonment for life, or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
This is the reason that politicians file petitions in Supreme Court and High Courts alleging corruption but they do no file complaint with the police. Remember Rafale and the jibe of Rahul Gandhi? This why never filed a proper complaint with police. But Mumbai police is so great that it has found a way to file FIR without implicating itself. Read the English translation of FIR No. 843 of 2020 against India TV on the website of Republic TV here.
It starts with the narration that “Today on 6th October 2020 Assistant Police Inspector Mr. Kazi has informed me that on the basis of secret information“. Now the complainant has no information and Mr. Kazi who has information is not the complainant. Why? Obviously to escape the liability of section 211 quoted above.