Latest news with #CJM
Time of India
5 days ago
- Politics
- Time of India
‘Nava Kerala Sadas' speech: Kerala HC stays proceedings against CM Pinarayi Vijayan
Kochi: High court on Thursday stayed for three months the further proceedings in the case alleging that chief minister Pinarayi Vijayan 's 'life saving' speech at Kannur during the Nava Kerala Sadas tour in 2023 amounted to the offence of abetment under Section 109 of IPC. The bench of Justice V G Arun issued the interim order while considering a petition by the chief minister challenging the Ernakulam chief judicial magistrate (CJM) court's order of July 3. The CJM court had held that the alleged speech prima facie contained elements of abetment, observing that it instigated the use of muscle power to suppress protestors. The court also held that cognizance of the offence could be taken only upon production of a sanction for prosecution from the governor. While considering Vijayan's petition, HC observed that there appears to be prima facie substance in the petitioner's contention that the CJM exceeded his jurisdiction by entertaining the complaint, since the alleged incident occurred outside the court's territorial limits. The bench also noted that the contention that the contents of the alleged speech do not attract the offence under Section 109 IPC is a matter requiring serious consideration. HC posted the matter for Oct 14. The case arises from a complaint filed by Ernakulam DCC president Muhamed Shiyas, alleging that a speech delivered by the CM at Kannur on Nov 20, 2023, during the Nava Kerala Sadas tour, amounted to abetment under Section 109 IPC. In the speech, the CM praised bystanders who prevented protestors from coming in front of the moving Nava Kerala Sadas bus, describing their actions as 'life saving.' The complaint alleged that this statement led to brutal attacks on Youth Congress workers who were protesting against the Sadas, accusing the govt of maladministration. The attacks were allegedly carried out by CPM, DYFI and SFI members. Earlier, acting on the CJM's directive, police had submitted a report finding no material against the CM. However, the CJM rejected the report, observing that the speech prima facie amounted to the instigation of criminal offences. In his petition, Pinarayi contended that the CJM, Ernakulam, lacked territorial jurisdiction to entertain the complaint since the alleged incident took place in Kannur. He also submitted that the complaint is politically motivated.
The Hindu
5 days ago
- Politics
- The Hindu
Kerala HC orders interim stay on proceedings against CM in Ernakulam CJM court
The Kerala High Court has ordered an interim stay for three months on further proceedings before the Chief Judicial Magistrate (CJM) Court, Ernakulam, in a petition filed by Ernakulam District Congress Committee (DCC) president Mohammed Shiyas, who sought action against Chief Minister Pinarayi Vijayan. In the petition, Mr. Shiyas sought action against Mr. Vijayan for making a speech 'abetting violence' while referring to agitating Youth Congress activists reportedly coming under attack, mainly from alleged Democratic Youth Federation of India (DYFI) activists during the Nava Kerala Yatra led by Mr. Vijayan in November 2023. In his petition, Mr. Vijayan had sought a stay on all further proceedings before the CJM Court, pending disposal of the case. In its order issued on Thursday, a Single Bench of Justice V.G. Arun said that there appeared to be prima facie substance in the contention of the counsel of Mr. Vijayan that the CJM exceeded his jurisdiction by entertaining the complaint, since the alleged incident (of violence against the protesters) took place outside the territorial limits of the court. The contention that the contents of the speech does not attract the offence under Section 109 (that states the punishment for abetment) of the Indian Penal Code is also liable to be considered. Hence, the interim stay on further proceedings for three months in the petition that is pending before the CJM Court, the court added. The case has been posted for hearing on October 14.
Time of India
7 days ago
- Politics
- Time of India
Bhopal gas disaster convicts seek retrial citing flawed investigation
Bhopal: Appearing in the court of the Principal District Judge for two convicts in the Bhopal gas disaster criminal case, J Mukund and S P Chaudhary, senior counsel Anirban Roy on Tuesday presented a compilation of several cases in which the high courts and the Supreme Court of India allowed a retrial of a case under section 464 of the CrPC. All seven Indian officials of Union Carbide accused in the Bhopal gas disaster criminal case were sentenced to two years of rigorous imprisonment by the CJM court in 2010 and were released on bail from the court itself. They later appealed against the CJM court order in the sessions court in 2011, and the hearing in the case has continued since. Anirban Roy, who appeared for J Mukund and S P Chaudhary, maintained through the hearings that the investigation by the CBI in the gas disaster case was "malafide, malicious, motivated and fraudulent." He moved an application under section 468 of the CrPC seeking a retrial in the case, as the charges framed against the accused by the trial court were based on a botched-up CBI investigation. Following lengthy arguments over days during hearings of the case in support of his argument for a retrial, Roy on Tuesday presented a compilation of cases in the court in which various high courts and the Supreme Court allowed a retrial in cases under section 464 of the CrPC. The hearing in the case would continue on Wednesday.
Time of India
7 days ago
- Time of India
Man handed life term for murdering neighbour in 2017
Noida: A man was sentenced to life imprisonment and fined Rs 80,000 after an additional sessions cum fast-track court of judge Saurabh Dwivedi found him guilty of killing his neighbour using a service revolver on June 26, 2017. Tired of too many ads? go ad free now He was also awarded an additional six-month term with a Rs 1,000 fine under section 30 of the Arms Act. Eyewitness accounts proved crucial in deciding the case. The prosecution struggled as three of the eleven witnesses—the man's wife, son, and one daughter—turned hostile. However, the case relied on the crucial testimony of Savita Yadav, the man's eldest daughter and an eyewitness, who stood firmly by her statement. Assistant district govt counsel BS Bhati said justice for Baldev Yadav was secured through strong evidence, including forensic and post-mortem reports. Savita, the complainant, stated that her father, who owned a grocery shop, was shot by neighbor Satish late on June 26 after an argument over delivering groceries. She testified that Satish ambushed him at night, fired at close range, and neighbors later overpowered the attacker and called police. The prosecution relied on 11 witnesses—four family members, three neighbors, three policemen, and the autopsy doctor. The defense highlighted gaps in the probe and inconsistencies, especially after three family witnesses turned hostile, claiming the key eyewitness wasn't present. However, the court dismissed these arguments, relying on forensic evidence that matched the pistol recovered from the accused to the crime. Tired of too many ads? go ad free now "The FSL report found blood stains on the clothes of the accused, and the onus lay on the defence to prove it otherwise," the court noted. The court rejected the defense's claim that the accused wasn't initially charged under the Arms Act, noting that the CJM court had clearly included Section 302 IPC and Section 30 of the Arms Act when taking cognizance of the case in Sept 2017. The judge pronounced the accused guilty under both sections. The term already spent in jail would be adjusted with the total term of the sentence.
Time of India
14-07-2025
- Time of India
2 ex-railway staff convicted in loan fraud case
Bhubaneswar: The CBI court here on Monday awarded three years of rigorous imprisonment to two former railway employees for their involvement in a 2007 loan fraud case. "Judge of the special CJM court (CBI), Vinod Bihari Sahu, pronounced the sentence against Sarat Chandra Das and Konari Rama Rao for securing housing loans of Rs 3 lakh each from a bank in Cuttack by submitting forged documents. Tired of too many ads? go ad free now The court has also imposed fine amount of Rs 3 lakh on each convict. The fine amount will be deposited in the bank as compensation," a CBI source said. Das and Rao, who were charged by the CBI on Sept 27, 2007, were out on bail without arrest. "Das, previously a deputy station superintendent, and Rao, a former loco pilot, defaulted on the repayment, resulting in financial loss to the bank," the CBI source said.
