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United News of India
a day ago
- Politics
- United News of India
SC upholds Bombay HC order quashing FIR in MP Mohan Delkar suicide case
New Delhi, Aug 18 (UNI) The Supreme Court today upheld the Bombay High Court's decision to quash the FIR alleging abetment to suicide and extortion in connection with the death of Dadra and Nagar Haveli MP Mohanbhai Sanjibhai Delkar in 2021. A bench headed by Chief Justice of India BR Gavai and comprising Justices K Vinod Chandran and NV Anjaria pronounced the order, stating: 'High Court order confirmed and dismissed the SLP.' The verdict had been reserved on August 4. The Court was hearing the plea filed by Abhinav Mohan Delkar, son of the deceased MP, challenging the Bombay High Court order that quashed the FIR against Dadra and Nagar Haveli Administrator Praful Khoda Patel, Collector Sandeep Kumar Singh, Police Superintendent Sharad Darade, and other officials accused of abetting Delkar's suicide. On September 8, 2022, a Bombay High Court bench of Justices Prasanna B. Varale and Shrikant D. Kulkarni had allowed a batch of writ petitions filed by the accused, holding that the allegations were unsustainable. Delkar, a seven-time MP, was found dead on February 22, 2021, at a hotel in Mumbai. His son lodged an FIR accusing the officials of harassment, humiliation, and conspiracy to force his father to commit suicide, invoking Sections 306 (abetment to suicide), 506 (criminal intimidation), 389 (putting person in fear of accusation of offence), 120-B (criminal conspiracy) of IPC, along with provisions of the SC/ST (Prevention of Atrocities) Act, 1989. The FIR alleged that Delkar faced systematic harassment to seize control of the college he managed and to prevent him from contesting future elections, besides being publicly humiliated as he belonged to a Scheduled Tribe. However, the High Court found no substantive evidence to support these claims. It held that the allegations were based largely on Delkar's perception of being ill-treated. The Court observed that no material showed attempts by the accused to take over Delkar's educational institution, and in fact, Delkar had successfully contested elections as an independent candidate. Quoting from its order, the High Court had said: 'If both these alleged objects are not substantially established and it is only in the form of certain allegations and an impression of the deceased, then asking the Petitioners to undergo the rigors of criminal prosecution is nothing but an abuse of process of law.' The Court also ruled that the FIR lacked concrete evidence of conspiracy under Section 120-B IPC, noting that there were only bare allegations without incidents showing the accused acted in concert. Relying on precedents including Madan Mohan Singh v. State of Gujarat and State of Haryana v. Bhajan Lal, the Court emphasized that a positive act is necessary to constitute 'abetment' under Section 306 IPC, which was absent in this case. Accordingly, the Bombay High Court quashed the FIR against nine accused persons, a decision now affirmed by the Supreme Court. UNI SNG AAB
Indian Express
22-07-2025
- Politics
- Indian Express
ED opposes M3M director's plea to quash graft FIR: ‘Don't need sanction to prosecute private person'
The Enforcement Directorate Tuesday opposed before the Punjab and Haryana High Court a plea moved by M3M Director Roop Bansal seeking to quash a corruption case registered against him for allegedly conspiring to bribe a trial court judge. In the case, Bansal is booked under Sections 7, 8, 11 and 13 of the Prevention of Corruption Act (PCA) along with Section 120-B of the IPC. Bansal's lawyers contended that the proceedings were invalid due to the absence of sanction required under Section 17A of the PCA to prosecute the judge allegedly linked to the bribery. The counsel argued that a person could not be prosecuted solely under Section 120-B for criminal conspiracy unless tried alongside the public servant accused, and that without sanction against the judge, the entire case stood vitiated. Countering this, senior panel counsel Zoheb Hossain, appearing with Lokesh Narang for the ED, contended that the plea of want of sanction was not available to Bansal as he was a private individual, not a public servant. The ED further submitted that even if proceedings against a public servant were barred for lack of sanction, it would not automatically nullify the prosecution of private individuals accused of aiding, abetting, or conspiring to commit offences under the PCA or under Section 120-B of the IPC. After Chief Justice Sheel Nagu had recused from hearing the matter as he had dealt with it on administrative side, Bansal's plea was listed before Justice Manjari Nehru Kaul. Senior Advocate Abhishek Manu Singhvi, appearing virtually for the petitioner, sought an adjournment due to network issues. Considering the request, the bench adjourned the matter to July 30 for final arguments. The corruption FIR quashing plea in Roop Bansal vs State of Haryana has seen unusual twists and turns. It was first listed before Justice Anoop Chitkara in October 2023. After change in roster, the matter was listed before Justice NS Shekhawat who recused from hearing the case in January this year. The matter was then listed before Justice Kaul, before whom it was dismissed as withdrawn. It then went to Justice Mahabir Singh Sindhu, who heard the matter and reserved for judgment on May 2, with pronouncement due on May 12, when the Chief Justice, citing 'the interest of the institution' and the need to 'preserve and protect the reputation and dignity' of Justice Sindhu, reassigned it to himself on May 10. This case was assigned to Justice Kaul after Chief Justice Nagu recused himself from hearing it on July 3, citing the need to uphold the principle that justice must not only be done but 'should also appear to have been done.'
Time of India
19-07-2025
- Time of India
10 held in J&K for using encrypted apps to aid terror; Pak handlers guiding them, say officials; Police seize digital evidence in UAPA case
NEW DELHI: Ten people have been detained by the counter-intelligence wing of Jammu and Kashmir Police on Saturday. The officials said these people were detained for allegedly using encrypted messaging applications to coordinate, finance, and execute terror activities on the instructions of Pakistan-based handlers. The detentions were made following the searches conducted by the Counter-Intelligence Kashmir (CIK) across 10 locations in Budgam, Pulwama, Ganderbal, and Srinagar districts. The action is linked to a 2-year-old terror-related case registered under various sections of the Unlawful Activities (Prevention) Act and Section 120-B of the Indian Penal Code. During the ongoing investigation, suspicious technical signatures were traced at the targeted locations, the officials said. Several suspects were using a 'specific encrypted messaging application' widely used by terrorist handlers from across the border for activities including recruitment, financing, and operational coordination, the analysis revealed further. 'These individuals are suspected to be in touch with adversaries, including Abdullah Gazi, a Pakistan-based Lashkar-e-Taiba (LeT)/Jaish-e-Mohammed (JeM) handler,' officials said. They also said the handler operates in close coordination with Pakistan's intelligence agency ISI. The handler was actively trying to radicalise local youth and recruit them into terror ranks, as per the police. Investigators said the encrypted application's servers revealed links to the terror module based in a known Pakistani city. The police seized a large number of documentary evidence and digital devices relevant to the case during the searches. 'So far, 10 suspects have been rounded up. Analysis of the seized data will help uncover further leads for investigation,' officials said. They said that the operation aims not only to disrupt terror activities but also to prevent local youth from being radicalised. 'It is also aimed to uncover crucial evidence, curb illicit activities, prevent the misuse of mobile phones, and dismantle the terror ecosystem in the Union Territory by identifying terror associates and Over Ground Workers (OGWs),' police said. Legal action against the suspects will follow as per law, they added.
Hindustan Times
04-07-2025
- Hindustan Times
8 booked for anomalies in recruitment of 2 asst teachers, clerk at Sultanpur school
LUCKNOW The UP Vigilance Establishment has booked eight people, including a former basic shiksha adhikari (BSA) and former block education officer (BEO) of Sultanpur, for alleged irregularities in the recruitment of two assistant teachers and a clerk at a government-aided school in Sultanpur's Kadipur area around 10 years ago, said authorities. The FIR was lodged by vigilance inspector Dhruv Chand Maurya at Ayodhya sector police station of vigilance on July 1 (Tuesday). (Pic for representation) It was alleged that the two assistant teachers, Ranjana Singh and Veer Vikram Singh, and clerk Vijay Vikram Singh, were family members and relatives of the then members of the school management committee, who died or quit the committee before and after the appointments were done. Moreover, around ₹28 lakh bribe was paid to different people involved in the process of recruitment, the FIR stated. The investigation was ordered by the government about four years ago, following complaints of irregularities in the recruitment process. The vigilance's investigation found that the school management committee had manipulated the recruitment process to favour unqualified candidates. The FIR was lodged by vigilance inspector Dhruv Chand Maurya at Ayodhya sector police station of vigilance on July 1 (Tuesday). He conducted an open inquiry into the alleged irregularities in the recruitment of two assistant teachers and a clerk as per the government order issued in the matter in 2022. The complainant alleged the involvement of Ramesh Kumar Yadav (former BSA), Omkar Singh (former BEO) Rajendra Kumar Saroj (former principal), Veer Vikram Singh and Ranjana Singh (assistant teachers), Vijay Vikram Singh (clerk) and Achhelal Singh (member of the management committee) in the irregularities. They were booked under sections 7 and 8 of Prevention of Corruption Act and Section 120-B of the IPC for criminal conspiracy. The complainant mentioned in the FIR that the alleged irregularities were conducted at Maharana Pratap School of Katsaari village in Sultanpur's Kadipur. The investigation found that some members of the school management committee manipulated the recruitment process to favour unqualified candidates. He said the school recruited teachers for arts subjects despite having a vacancy for a science teacher. The degrees and other documents of eligible candidates were tampered with and three eligible candidates' BSc degrees were altered to BA degrees, and they were not even called for an interview, it was alleged. Approximately ₹28 lakh was allegedly taken as bribe for giving jobs to relatives, he added.
Hindustan Times
04-07-2025
- Business
- Hindustan Times
Punjab and Haryana chief justice recuses from Gurugram builder trial
Punjab and Haryana high court chief justice Sheel Nagu on Thursday recused himself from hearing a petition filed by a Gurugram builder that sought to quash an FIR in a corruption case. Gavel and law books (Getty Images/iStockphoto/ Representational image) The move came after the petitioner's lawyer raised objection to the chief justice continuing to hear the case. Chief justice Nagu on May 10 in an administrative order had withdrawn the case from another judge who was set to pronounce the final judgment and listed it before his own bench. The withdrawal was prompted by 'oral and written complaints', chief justice Nagu had said. The petition filed by real estate firm M3M's director Roop Bansal seeks to quash an FIR filed by the Haryana anti-corruption bureau in April 2023 against himself and others including former special CBI court judge Sudhir Parmar. During subsequent hearings, the petitioner's counsel objected to the withdrawal of the case but the chief justice had maintained that the decision was taken to 'preserve the dignity and honour of the institution' and to 'protect the reputation' of the judge. On Thursday, appearing for the builder, senior advocate Abhishek Manu Singhvi submitted that he had instructions from his client to 'raise objection' to the chief justice continuing to hear the case. 'It is our duty to advise the court on principle. There are innumerable examples where the chief justice of India has refused to deal with the case on the judicial side when it has dealt with it on the administrative side. ..best example is also administrative judges who never deal with the cases which they have dealt on administrative duty,' Singhvi said. On the other hand, Zohair Husaain, counsel for ED, which has sought impleadment in the case, said what the office of chief justice does on the administrative side 'never comes in the way of the judicial side.' However, in view of the submissions, the chief justice ordered the listing of the case before some other bench. ED's interest in the case comes from the fact that Parmar was presiding over ED court and ED is investigating Bansal. The case stems from an April 2023 FIR, registered against Sudhir Parmar, Roop Bansal, and others under sections 7, 8, 11 and 13 of the Prevention of Corruption Act and Section 120-B of IPC for offences relating to a public servant being bribed, a public servant taking undue advantage without consideration from person concerned in proceedings or business transacted by such public servant, criminal misconduct by a public servant and criminal conspiracy. Sudhir Parmar, who was then special CBI judge, Panchkula, was accused of alleged favouritism towards Bansal and others who were accused in some FIRs being investigated by CBI and ED, pending before his court.
