Commissioner of Police is a high ranking officer and since Param Bir Singh is from Indian Police Service he has passed one of the toughest competitive exams but it appears law is not the strong suit of police officers or for Param Bir Singh. He so grossly out of sync that there is no option but ot conclude that he is ignorant of law. Let me explain.
Crime Investigation in India:
Crime investigation in India is governed, inter alia, by Criminal Procedure Code, 1973. (Buy it from my commercial site here) There are three sections of CrPC involved here. These are section 154, 161 and 162. The last is Most important.
Recording of FIR:
Section 154 of CrPC mandates that police is obligated to record commission of a cognizable offence in a register of First Information Reports and then proceed to investigate.
How can Police pronounce verdict of guilt when it has not even registered an FIR and commenced investigation?
Republic TV is a free to air Indian news channel launched in May 2017. It was co-founded by and Arnab Goswami and ruling party BJP’s MP Rajeev Chandrasekhar, who relinquished his stake in May 2019, leaving Goswami the majority stakeholder. Mumbai Police had earlier registered an FIR and summoned Arnab and his CFO after he had called Sonia Gandhi the President of Congress Party by her maiden name Antonio Maino.
AajTak is part of India Today group which was founded with a magazine in 1975-76, during emergency when other magazines were shutting shop due to press censorship. Aroon Purie was founder of this magzine though he was named as publisher and his father as owner. Read about Aroon Purie, here on wikipedia.
On 2 February 2019, Arnab launched Republic Bharat as it Hindi Channel in direct conflict with Aaj Tak which was number one on TRP ratings. Both Channels are engaged in TRP war for last three months. While English Republic TV has acquired 77% ratings demolishing all other English news channels, it has also overtaken Hindi Aaj Tak by it’s Bharat and is at the top now for over one month. This means huge revenue fall for other TV Channels.
Bombay High Court has granted bail to Rhea Chakraborty. The arguments in the matter were heard over seven days ago and now judgement is pronounced granting bail to her. There is a problem in the order.
Right to liberty is absolute:
As per the constitution, the right to liberty is absolute subject only to restrictions by a valid law. In this case the court took over seven days to decide, if Rhea Chakraborty was entitled to be free. Is that reasonable?
Justice delayed is justice denied:
I had pointed out that the requirement for bail under NDPS Act is very strict and it is almost a mini verdict on innocence. Section 37 of NDPS Act requires that the court must be satisfied that there are reasonable grounds for believing that s/he is not guilty of such offence. Now the judge has granted bail we have to assume that there was nothing on record to link her with the offence. We can not go into merits of the judgement. The reasons why Rhea should not be granted bail are already discussed here and I am surprised by the order which I have not read as yet.
Justice Sarang Vijaykumar Kotwal of Bombay High Court has delivered the verdict after deliberating for seven days. Here is the problem.
Drug laws in India are very strict. If prosecution makes out the foundation of charge against an accused, burden of proving innocence is upon the accused. The judge before granting bail has to assure itself that accused appears to be innocent. This position under NDPS law is different from ordinary laws of the land. (For more on Criminal Laws of India read my book here)
Bail in Narcotics case:
The exercise of power to grant bail by the Special Judge is not only subject to the limitations prescribed by Section 439 of Central Cr.P.C. but is also subject to the limitations prescribed by Sec.37 which opens with non-obstante clause. Under section 37 of the Act bail to an accused, who is alleged to have committed an offence under section 19, 24 or 27A and also for offences involving commercial quantity cannot be granted unless the two conditions enumerated in the section are satisfied.
The first condition is that the prosecution must be given an opportunity to oppose the application and second that the court must be satisfied that there are reasonable grounds for believing that s/he is not guilty of such offence. If either of these two conditions is not satisfied, bail cannot be granted.
Charges against Rhea Chakraborty:
The Narcotics Control Bureau (NCB) has alleged that actress Rhea Chakraborty (Rhea Chakraborty) was an active member of the drug syndicate, which included many well-known people and drug suppliers from high societies. NCB has said that Riya Chakraborty is accused of promoting drugs consumption by late actor Sushant Singh Rajput.
Mumbai had a busy weekend. Centre of the news, the film maker Karan Johar has returned to Mumbai from Goa and did not wave in his usual way at the airport. Karan Johar is reportedly a close friend of Aditya Thakrey, a Minister and son of Chief Minister. Something is not right. According to a press release issued by Karan Johar he is not involved or related to Kshitij Prasad, an alleged kingpin in drug trade from whom huge recovery of contraband has been made and has been arrested and his custody was granted by Court, to NCB for 6 days on Sunday.
A Talent Management Company and its employees are already being interrogated and it has been revealed that it was actually a Drug Management Company supplying drugs to actors and actresses. The employee has not been arrested so far. Yet some of the actresses named by them were summoned onSaturday.
What is happening in Mumbai?
The highest paid actress of Hindi Cinema Deepika Padukone, was interrogated by Narcotic Bureau for 5 hours.Here is a video of her circulating on social media. Is she inebriated in this video?
Two more actresses were also interrogated. None of them was arrested and they were permitted to go home. Small amount of contraband was recovered from the home of one of them. Continue reading →