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New Indian Express
27 minutes ago
- New Indian Express
PIL in Andhra Pradesh HC seeks CBI and ED probe into white papers on YSRCP regime
VIJAYAWADA: A Public Interest Litigation (PIL) has been filed in the High Court seeking a CBI and ED inquiry into the white papers released by the coalition government in the Assembly regarding financial losses allegedly caused by the previous administration. The petitioner urged the court to direct the filing of an FIR against former Chief Minister YS Jagan Mohan Reddy and others. Mehek Maheshwari, a Delhi-based advocate, filed the PIL and requested the court to constitute a Special Investigation Team, monitored by retired or sitting Supreme Court judges, to oversee probes by the ED, CBI and Income Tax departments. He argued that this would help ensure transparency and prevent misuse of power during the investigation. The PIL also called for an impartial inquiry into the alleged accumulation of disproportionate assets by Jagan and his associates. The case came up for hearing before a bench comprising Chief Justice Dhiraj Singh Thakur and Justice Cheemalapati Ravi on Wednesday. Appearing online, Maheshwari requested an adjournment to present his arguments in person. The court asked him how many PILs he had filed so far. He responded that he had filed three to four petitions. The court posted the matter for hearing next week.
Indian Express
3 hours ago
- Indian Express
Can't approve blood money, not recognised by legal system: HC refuses to quash FIR against man
No civilized society can approve of blood money, said the Delhi High Court on Wednesday as it refused to quash an FIR against a man accused of causing the death of a five-year-old child by negligence. Noting that the accused arrived at a settlement with the legal representatives of the deceased, Justice Girish Kathpalia underlined, 'It is the deceased child who suffered injuries and pain, followed by loss of life. That deceased child cannot be compensated in any manner. The legal representatives left behind by the deceased child have no moral or legal authority to barter away his life for money to be paid to them.' The accused, Vipin Gupta, had moved the High Court, seeking quashing of the FIR against him, lodged in 2023 at the Paharganj police station, on the ground that he had compromised the disputes with the legal representatives of the deceased. As part of the settlement, Gupta had agreed to pay Rs 1 lakh as compensation to the legal representatives of the deceased child, the court recorded. Dismissing Gupta's plea, Justice Kathpalia recorded, 'In my considered view, quashing the FIR after approving such a settlement would be tantamount to sanctifying blood money, which is not recognised by our legal system.' Gupta was booked for the alleged offences of rash and negligent driving (IPC section 279) and causing death by negligence (IPC section 304A). According to the prosecution's case, Gupta, while driving his car in a rash and negligent manner, hit an e-rickshaw due to which a five-year-old child got crushed under the e-rickshaw that had overturned due to the impact of the crash. The child was declared dead when taken to the hospital. While Gupta had blamed the e-rickshaw driver for being drunk, the Investigating Officer in the case had refuted the claim, informing the court that the e-rickshaw driver was not found to be under the influence of alcohol. The prosecution had vehemently opposed the plea for quashing the FIR on the grounds of settlement with the deceased child's representative. Additional Public Prosecutor Manjeet Arya told The Indian Express that one of the key grounds of opposition was that 'while some countries accept blood money as settlement, including for offences such as murder, our country and legal system doesn't, regardless of whether the victim is a child or an adult, rich or poor.' Arya added that while charges have been framed in the case, the trial is yet to begin.
Hindustan Times
4 hours ago
- Hindustan Times
SC upholds HC order directing FIR against police in Parbhani custodial death
MUMBAI: The Supreme Court on Wednesday dismissed a petition filed by the Maharashtra government challenging a Bombay High Court order directing the police to register a First Information Report (FIR) in the custodial death of 35-year-old Dalit law student Somnath Suryawanshi in Parbhani. Parbhani, India. 16, 2024: A 35-year-old man named Somnath Suryawanshi died in Parbhani district jail on December 15, 2024. Suryawanshi was detained alongside 50 other Dalit youths for their alleged involvement in the violence that broke out in the city following the desecration of a replica of the Constitution on December 10, 2024. Parbhani, India. Dec 16, 2024. (Photo by HT Photo) (Hindustan Times) While it is still unclear why the Supreme Court dismissed the petition, this would come as a blow to the state government, which had contended that the high court's order seeking an FIR against police officers was premature. Suryawanshi was among over 50 people arrested in Parbhani in December 2024 following violence in the city over the desecration of a replica of the Constitution. The arrested accused, mostly from marginalised communities, were slapped with stringent charges and allegedly assaulted, abused and threatened in police custody, prompting at least 23 separate complaints. On December 15, four days after his arrest, Suryawanshi died in judicial custody. While the police initially claimed he died due to a heart attack, a post-mortem report and judicial inquiry revealed that the probable cause of death was 'shock following multiple injuries'. Suryawanshi's mother, Vijayabai Suryawanshi, approached the Aurangabad bench of the Bombay High Court in April, alleging that police brutality had caused her son's death. She sought an independent, court-monitored probe into the incident. Her petition, filed through advocates Prakash Ambedkar, Sandesh More and Hitendra Gandhi, sought the registration of an FIR against police officers and their associates responsible for Suryawanshi's custodial death. The petition referred to the chain of events, claiming that the assault on Somnath was so brutal that he died within hours of being admitted to a state-run hospital in Parbhani after being sent to judicial custody. On July 4, the high court ordered the registration of an FIR against the police officers concerned, noting that there was prima facie evidence of custodial torture and a violation of fundamental rights. The court also ordered that the investigation be handed over to a police officer of the rank of deputy superintendent of police. However, the state government moved the Supreme Court on July 10, challenging the order on several grounds. The government argued that the high court had failed to take cognisance of the detailed investigation undertaken by the state Crime Investigation Department (CID). Further, it alleged that the high court did not wait for the outcome of the investigation or grant an opportunity to the state to place its comprehensive findings on record, including medical and forensic evidence. The state government's petition also alleged factual and procedural errors in the judicial inquiry report, including the inclusion of names of police personnel who were not present during the incident. It also cited an expert opinion from Mumbai's JJ Hospital, which concluded that Suryawanshi died due to natural causes exacerbated by a pre-existing condition. Calling the order 'premature and unsustainable', the state remarked that the high court's approach was based on a 'presumption of guilt against the police authorities,' which could demoralise law enforcement institutions. However, the apex court rejected the petition and upheld the high court's order, requiring criminal action against the erring police personnel.
