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‘Just being accused of a crime doesn't make one a criminal'
‘Just being accused of a crime doesn't make one a criminal'

Time of India

time10 hours ago

  • Time of India

‘Just being accused of a crime doesn't make one a criminal'

1 2 3 Kolkata: Suspending a student before conviction for a crime is like holding him/her guilty and punishing him/her before any court pronounces it, the Calcutta High Court cited from a Rajasthan High Court judgement while allowing a Bengal medical student accused of impersonating in NEET UG 2024 to sit for a supplementary examination on June 9 and 10. A student of Raiganj Medical College in North Dinajpur was suspended based on National Medical Commission's direction of April 1, 2025. Justice Raja Basu Chowdhury clarified that the student's exam result cannot be published without the court's leave. The matter will be listed in July. The student was booked by Tilak Marg PS in New Delhi for allegedly appearing on behalf of another candidate in the NEET UG exam by impersonating the actual candidate on May 5, 2024. There was a mismatch found in the admit card as well. However, he was granted bail by the Additional Sessions Judge, New Delhi district on June 3, 2024. It was the student's case that he was meritorious and cracked NEET UG to get admitted to Raiganj Medical College. He passed the first year but got a backlog in the second year in pathology. He was supposed to sit for the supplementary paper on June 9 and 10 but was suspended on April 29 without any opportunity of hearing. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Direct shopping From Adidas Franchise Store... Adidas Buy Now Undo The suspension debarred him from participating in the supplementary examination. His counsel stressed that to date no charge sheet has been filed. The judge noted that a criminal proceeding may take years to complete. He cited the Rajasthan HC verdict wherein a few students were suspended by their college. They too were accused of impersonating others in an examination. In the judgement, it was highlighted that the Public Examinations (Prevention of Unfair Means) Act of 2024, which deals with malpractices in public examinations, though provides for punishment, does not contain any provision for suspension. Moreover, it was highlighted that suspension presupposes the initiation of an inquiry but in the case of impersonation done outside the college where the accused is studying, no inquiry is possible as the matter is with the police and not the college. Hence, conducting an inquiry would essentially be a futile exercise. "Unless such a finding is recorded and petitioners are held guilty, their future cannot be kept in suspended animation for an indefinite period... " the Calcutta High Court cited from the Rajasthan HC judgment.

Remunerate & restore all parties whose lives, properties affected in Murshidabad violence: Calcutta HC to govt
Remunerate & restore all parties whose lives, properties affected in Murshidabad violence: Calcutta HC to govt

Indian Express

time16-05-2025

  • Politics
  • Indian Express

Remunerate & restore all parties whose lives, properties affected in Murshidabad violence: Calcutta HC to govt

THE CALCUTTA High Court on Thursday directed the TMC government in the state to 'remunerate and restore' all parties whose lives and properties were affected during the clashes in Murshidabad last month during protests over the Waqf law. The court was hearing a public interest litigation in connection with the violence that broke out between April 8 and 12 in the Jangipur subdivision of Murshidabad, leading to the deaths of three persons, including a father-son duo. A division bench of Justices Soumen Sen and Raja Basu Chowdhury said, 'Compensating the victims by giving each of them Rs 1.20 lakh under the scheme 'Banglar Bari' may not do justice to all as the damaged and destroyed houses, differing in size and constructional features, do not admit of uniform financial salve.' The bench, in its order, also urged the state to consider appeals by local residents for a permanent Border Security Force (BSF) camp in the area and asked the Special Investigation Team (SIT) to 'continue investigating the issue to bring the perpetrators to justice.' The SIT should follow recommendations of a report filed by a three-member committee in the matter, the court said. 'It appears from the report that, presently, the victims are not acutely dissatisfied with the relief measures but they are anxious about their meaningful existence in view of their sufferings. We are sure that the state shall take note of such anxiety expressed by the victims and take appropriate measures in this regard. Their demand for a permanent BSF camp in the affected areas shall also be considered.' The committee has also said in the report that valuation experts be appointed as a remedy to the state's failure to protect a section of its citizens. 'In the humble opinion of the Committee, appointing qualified valuation experts is the only possible remedy to the state's failure to protect a section of its citizens. Those in the affected areas need individualised and customised rehabilitation packages…' The court has also directed the committee to appoint a valuer to assess the nature and extent of the damage. 'Considering the nature and extent of the damage caused, we direct the committee to appoint a valuer at the earliest from the panel of the High Court at Calcutta who shall assess the nature and extent of damage and file a report on the adjourned date. All costs, charges and expenses and remuneration shall be borne by the administration. The District Magistrate shall render all assistance to the valuer to carry out the direction.' The court said the committee report revealed that the violence was premeditated. 'It appears to be an organised SIT shall consider the said recommendation of the committee and take appropriate steps in this regard. The SIT shall file a report on or before the adjourned date.' The matter will now be listed for hearing on July 31.

Murshidabad violence victims anxious about safety, State must ensure protection: Calcutta HC
Murshidabad violence victims anxious about safety, State must ensure protection: Calcutta HC

The Hindu

time16-05-2025

  • The Hindu

Murshidabad violence victims anxious about safety, State must ensure protection: Calcutta HC

The Calcutta High Court observed that victims of Murshidabad violence are anxious about their safety in the violence-affected areas, and said that the State must ensure their rehabilitation, safety and protection. 'They should be restored to their original place after restoring confidence in the system. In the interregnum, the State must ensure proper shelter and accommodation to the victim. Upon restoration and rehabilitation, the State must ensure their safety and security. It should be the duty of the administration to ensure peace, harmony and protection of the property and lives of the victims,' a Division Bench of Justices Soumen Sen and Raja Basu Chowdhury stated on Thursday (May 15). Violence had erupted in Murshidabad's Samsherganj police station area on April 11 and April 12 following a protest against the passage of the Waqf (Amendment) Act, 2025. In the extended areas of Dhulian municipality and Tinpakuria gram panchayat, several houses and shops were torched and vandalised on these two days. On April 12, a father and son were killed in Samsherganj's Jafrabad during the violence, and another person died in police firing in Suti police station area. A three-member committee was formed in April on the directions of the Calcutta High Court to submit a report for the restoration of normalcy and rehabilitation of the victims. It has one member each from the National Human Rights Commission, West Bengal State Human Rights Commission and the State Legal Services Authority. 'Premeditated vandalism and massacre' The court in its May 15 order stated, 'It is revealed from the report of the committee that the vandalism and massacre are premeditated and appears to be an organized crime.' Also Read | All 13 accused in Murshidabad father-son murder are locals, some known to the family The report and video footage submitted by the committee also noted extensive damage to property and livelihood at Betbona village, Palpara and Ghoshpara in Samsherganj area. It was also observed from the committee's report that several homes were vandalised, people's source of livelihood was taken away, and movables of every possible kind 'pilfered and looted with impunity'. 'The victims appear to be in a sorry state of affairs... It appears from the report that presently the victims are not acutely dissatisfied with the relief measures but they are anxious about their meaningful existence in view of their sufferings,' the Calcutta High Court observed. The court pointed out that the State shall take note of the anxiety expressed by the victims and take appropriate measures in this regard. 'Shall consider permanent BSF camp' Meanwhile, the Calcutta High Court highlighted the committee's observations on the role of the police and said it 'shall consider' the victims' demand for a permanent camp of the Border Security Forces (BSF). 'The report submitted by the committee has posed a serious question as to the efficacy of the investigation considering the huge number of cases resulted from the violence… the committee was of the view that there may be a reasonable negative view on the police's performance having regard to the facts came to the notice of the team... Shock and trauma were writ large on the faces of the sufferers and the common grievance was lack of timely police assistance,' the court noted. As of May 16, the West Bengal Police have made 353 arrests in connection with the mob violence, and a total of 13 arrests in connection with the murder of father-son duo Hargobind Das and Chandan Das outside their home in Samsherganj's Jafrabad on April 12. It is also worth noting that the bereaved Das family, which rejected the State's compensation, had petitioned the Calcutta High Court for an inquiry by the Central Bureau of Investigation (CBI). The petition was earlier released by the Single Bench of Justice Tirthankar Ghosh since the aforementioned Division Bench was already hearing matters pertaining to the Murshidabad matter. However, on May 15, the Division Bench of Justices Soumen Sen and Raja Basu Chowdhury also released the matter for it to be placed before the Chief Justice. State's compensation The State, in its affidavit to the court, stated that as many as 1,093 social media accounts have been blocked since April 11. According to counsel Kalyan Bandopadhyay, who appeared on behalf of the State, the government also formulated a rehabilitation project and sanctioned a sum of ₹3,69,60,000 to rehabilitate almost 283 families identified till now, for reconstruction of their houses under 'Banglar Bari Scheme'. Mr. Bandopadhyay also drew the court's attention to the fact that Chief Minister Mamata Banerjee, during her recent visit to the area, handed over cheques worth ₹1.2 lakh each to 283 households, along with 40 sewing machines and 40 riot-affected victims. After the Chief Minister's visit, a large police camp was also set up in the riot-hit area of Samsherganj.

HC extends CAPF presence in Murshidabad's troubled zones
HC extends CAPF presence in Murshidabad's troubled zones

Time of India

time15-05-2025

  • Politics
  • Time of India

HC extends CAPF presence in Murshidabad's troubled zones

Kolkata: on Thursday directed the to remain in Murshidabad, where violent protests against the Waqf (Amendment) Act, 2025 claimed three lives in April. A division bench of justices Soumen Sen and Raja Basu Chowdhury extended the presence of paramilitary forces deployed in trouble-torn zones of the district and directed adequate deployment of police force till the situation became normal and peaceful. Tired of too many ads? go ad free now The bench also underlined the need for setting up a permanent police camp in the affected area of Jangipur. Senior state counsel Kalyan Bandyopadhyay said the state would abide by the bench's observations. The counsel, while submitting the SIT report, said as many as 348 people had been arrested for the violence. The division bench took note of the state's submission that 82 families had been rehabilitated so far, and that one of the three victim families had accepted the Rs 10 lakh state compensation. When petitioner Suvendu Adhikari's counsel contested the state's statement, the bench directed the state to file an affidavit and circulate it to the petitioners before the next hearing on July 31. The bench directed the state to take more effective steps considering the poor plight of those who had to leave their home and hearth after the violence. It also sought a fresh investigation report from SIT. The division bench, however, sent the case records of the father-son victims, namely Haragobinda Das and Chandan Das, killed on April 12, to the Chief Justice for appropriate assignment. Justice Tirthankar Ghosh earlier released the case on the ground that there was a bench hearing the Murshidabad matter. The division bench held that the matter had to be heard by a writ court.

Calcutta High Court extends CAPF deployment in riot-hit Murshidabad
Calcutta High Court extends CAPF deployment in riot-hit Murshidabad

Business Standard

time15-05-2025

  • Politics
  • Business Standard

Calcutta High Court extends CAPF deployment in riot-hit Murshidabad

The Calcutta High Court on Thursday extended the deployment of Central Armed Police Forces (CAPF) Murshidabad district of West Bengal till further orders, reported news agency PTI. The bench, comprising Justices Soumen Sen and Raja Basu Chowdhury, was hearing a petition by West Bengal Opposition leader Suvendu Adhikari, seeking the deployment and transfer of violence-related cases to the National Investigation Agency (NIA). The court's decision follows unrest in the region where at least two people were killed on April 12 in clashes during protests against the Waqf (Amendment) Act. Over 300 arrests have been made so far in connection with the violence. The matter will come up for hearing again on July 31, the bench said. All accused in murder were local: Police The victims – a father-son duo Harogobind Das and Chandan Das – were dragged out of their homes and brutally murdered, police said earlier. Earlier this week, a senior police officer told The Hindu newspaper that all thirteen accused in the murder were locals, some of whom were known to the family. 'The bereaved family had identified six people, of whom four have been named in the First Information Report. However, they might have known more of them, but could not possibly register their identities at the moment, due to the traumatising nature of the crime,' the officer said.

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