logo
No coercive action against Moradabad MP till August 6: Allahabad HC

No coercive action against Moradabad MP till August 6: Allahabad HC

Hindustan Times26-06-2025
The Allahabad high court has directed police to not take any coercive action against Samajwadi Party MP from Moradabad Ruchi Vira till August 6— the next date of hearing in the violation of the 2024 model code of conduct case. The state government's counsel opposed the petition but could not dispute the arguments raised by the applicant's counsel. (For Representation)
Justice Samit Gopal passed the order on June 25 (Wednesday) in a petition filed by the MP who had been booked for violation of the model code of conduct for addressing a gathering at a house 'without prior permission' during the 2024 Lok Sabha election campaign.
The FIR was lodged under section 188 (disobedience to order duly promulgated by public servant) and 171-H (illegal payments in connection with an election) of Indian Penal Code (IPC).
Earlier, the counsel for the applicant produced before the court an order dated August 22, 2024 passed in Pradeep Kumar Chaudhary Vs. State of UP and another and submitted that the question in the present matter is identical to that of the matters in which interim order had been passed. It was submitted that the present case be also tagged with the earlier cases and be heard and interim protection be granted.
The state government's counsel opposed the petition but could not dispute the arguments raised by the applicant's counsel. The court on this said, 'In view of the same, connect with Crl. Misc. Application U/s 482 No. 26365 of 2024 (Pradeep Kumar Chaudhary Vs. State of U.P. and another).''
'Till the next date of listing, no coercive action shall be taken against the applicants Smt. Ruchi Vira and Shri Umakant Gupta in Case No. 8928 of 2025 (State Vs. Smt. Ruchi Vira and another) in Case Crime No. 0319 of 2024, under Sections 188, 171-H IPC, P.S. Civil Lines, District Moradabad, pending in the court of Civil Judge (Senior Division)/MP, MLA Court, Moradabad,' the court said.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Offence of sexually assaulting a minor can be alleged even against a woman, rules Karnataka High Court
Offence of sexually assaulting a minor can be alleged even against a woman, rules Karnataka High Court

The Hindu

time17 minutes ago

  • The Hindu

Offence of sexually assaulting a minor can be alleged even against a woman, rules Karnataka High Court

Declaring that the offence of penetrative sexual assault can be alleged even against a woman under the Protection of Children from Sexual Offences (POCSO) Act, 2012, as this law is gender-neutral, the High Court of Karnataka on Monday refused to quash a criminal case against a 52-year-old woman, who allegedly compelled a 13-year-old boy for sex with her at her residence here during 2020. The two instances of sexual assaults had allegedly taken place between May and June, 2020, when the accused woman Archana, an artist aged around 48 and the boy who was around 13 years and 10 months old then. The accused, who was the boy's neighbour, had come in contact with him through his mother, who initially sent him to the house of the accused to help her post her paintings on her Instagram account following the request made by the accused. To a therapist The boy, who was psychologically distressed, had immediately not disclosed the alleged acts to his parents, who later decided to settle down in Dubai and shifted there in August, 2020, along with him and his younger sister. He disclosed the alleged acts only in 2024 and narrated details to a therapist in Dubai, and then the complaint was lodged with the HAL police station by the boy's mother in June, 2024. The boy was aged around 17 when his statements were recorded by the magistrate and the child protection officer. It was alleged that accused woman had convinced the boy not to disclose the acts with anyone, stating that both of them would be in trouble. The accused woman's husband and daughter are said to be living abroad. Against woman also Rejecting the argument on behalf of the accused that offence of aggravated sexual assaults or rape cannot be invoked against a woman, the court pointed out that Sections 4 and 6 of the POCSO Act makes it clear that anyone who 'compels a minor child to do penetrative or other sexual acts with him or other persons', is an offender. Though the pronoun 'he' and its derivatives were not defined under the POCSO Act, which only states that a child is any person below the age of 18, Justice M. Nagaprasanna, relying on the definitions in the Indian Penal Code (IPC), held that the pronoun 'he' and its derivatives in POCSO will also have to be used, 'of any person, whether male or female.' 'The language of the provision clearly indicates inclusivity,' the court observed. It was argued on behalf of the accused that the victim boy could not have had an erection if he was in shock when the accused had allegedly made sexual advances. However, the court said, quoting a study, 'State of shock is a psychological concept. Erection is purely a physiological or a biological concept. Psychological concepts would not sometimes control physiological and biological actions.' No stereotypes To the submission that in an intercourse the woman is only a passive participant and a man is an active participant, the court pointed out that 'this thought itself is archaic'. It said that the jurisprudence of the present times 'does not allow stereotypes to cloud legal scrutiny'. The delay of four years in registering the complaint and non-conduct of potency test of the boy, cannot become the reason for quashing the case, owing to the alleged offence and the age of the victim boy, the court said.

Justice delayed: Fast-track special courts still aren't fast enough
Justice delayed: Fast-track special courts still aren't fast enough

Business Standard

time17 minutes ago

  • Business Standard

Justice delayed: Fast-track special courts still aren't fast enough

Many existing courts struggle with severe staffing shortages, procedural inefficiencies, and inadequate infrastructure premium Business Standard Editorial Comment Mumbai Listen to This Article Fast-track special courts (FTSCs) were established to speed up trials in rape and child sexual-abuse cases. Yet, these very courts, meant to accelerate justice, are themselves moving at a slow pace, according to the data recently presented in the Lok Sabha by Union Law and Justice Minister Arjun Ram Meghwal. The numbers for Delhi are especially troubling: The place currently has 16 FTSCs, and of the 6,278 cases instituted since inception, only 2,718 were disposed of by June this year. Cases under the Protection of Children from Sexual Offences (Pocso) Act take, on average, over 1,700 days (nearly five years)

Impeachment move against CEC Gyanesh Kumar would lack numbers
Impeachment move against CEC Gyanesh Kumar would lack numbers

Mint

timean hour ago

  • Mint

Impeachment move against CEC Gyanesh Kumar would lack numbers

As the Opposition's high-velocity allegations of 'vote theft' get louder, political sources indicated on August 18 that the INDIA bloc parties are contemplating moving an impeachment motion against Chief Election Commissioner (CEC) Gyanesh Kumar in the Monsoon Session of Parliament. Also Read: INDIA bloc mulls impeachment motion against CEC Gyanesh Kumar amid Rahul Gandhi's 'Vote Chori' row The move, if put into motion, would mark an isolated but formidable test of India's safeguards around the Chief Election Commission, one of the country's leading constitutional bodies, whose mettle has been tried and tested not just in this country but around the world. Constitutionally, the CEC can only be removed from office through the process of impeachment requiring two-thirds majority of the Lok Sabha and the Rajya Sabha or on grounds of proven misbehaviour or incapacity. The CEC cannot be removed from office except on the grounds and in the way Supreme Court judges are removed. The CEC has a tenure of up to six years or up to the age of 65, whichever is earlier. In real terms though, any impeachment would become a numbers game and under the circumstances, there is little doubt that the NDA government will move solidly behind the CEC. Says former CEC TS Krishnamurthy, without getting embroiled in the pros and cons: 'If there is a constitutional provision, let the opposition employ it.' Asked whether it could, potentially, damage the office and the institution of the Election Commission, he declined to offer a view, saying "only time will tell whether it is the correct thing to do.'' The controversy gathered steam after Congress leader and Leader of Opposition in the Lok Sabha Rahul Gandhi accused the Election Commission of presiding over 'vote theft" in the 2024 Lok Sabha elections. He claimed large-scale irregularities in Karnataka's Mahadevapura constituency, citing duplicate entries, fake addresses, bulk voters, invalid photographs and misuse of voter forms. CEC Gyanesh Kumar hit back strongly on August 17, dismissing the accusations as an 'insult" to the Constitution of India. He asked Gandhi either to provide a signed affidavit with evidence or apologise for the remarks. Rahul Gandhi refused, alleging bias and pointing out that no such demand was made when BJP MP Anurag Thakur levelled similar charges. 'The Election Commission asks for an affidavit from me. But when Anurag Thakur says the same thing that I am saying, the poll body does not ask for an affidavit from him," Rahul Gandhi said. As the NDA-INDIA battle of words escalated, Congress MP Syed Naseer Hussain was quoted by the ANI as saying that the party was prepared to use 'all democratic tools," including the option of an impeachment motion. Legally, the two election commissioners can be removed by the President on the recommendation of the CEC. In 2009, CEC N Gopalaswami sent a recommendation to the then President Pratibha Patil to remove election commissioner Navin Chawla due to his partisan behaviour in favour of a particular political party. The President held that such a recommendation is not binding on her and rejected the proposal. Commenting that the system of appointment of election commissioners is defective, former CEC SY Quraishi said the process should be revamped to ensure the neutrality and independence of the Election Commission of India. He told LiveLaw in an interview in 2022 'that the most powerful Commission in the world has the most defective system of appointment.' Also Read: Bihar Voter List Row: People joining SIR enthusiastically, says CEC Gyanesh Kumar, as INDIA bloc cries foul While conceding that he too was a beneficiary of the same system, Quraishi said that wider consultation was needed for such appointments, including parliamentary oversight, stressing the urgent need for a collegium. The Election Commission was a single-member body when it was set up in 1950. This system lasted until 1989 with the CEC as the lone member. After the Election Commission Amendment Act 1989, it became a multi-member body. Since October 1989, it has retained the three-member format it is in today.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store