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Time of India
a day ago
- Politics
- Time of India
SC quashes trial court order in ED's Rathi Steel case over BNSS lapse
The Supreme Court has set aside the cognisance of a prosecution complaint (equivalent to a chargesheet) taken by a lower court in a money laundering trial involving M/s Rathi Steel and its top executive, who were booked by the Enforcement Directorate (ED) in connection with a coal allocation case . A division bench comprising Justices AS Oka (who retired last month) and Ujjal Bhuyan set aside the cognisance order dated November 20, 2024, solely on the ground of "non-compliance" with new provisions under the Bharatiya Nagarik Suraksha Sanhita (BNSS). These provisions require trial courts to issue a show-cause notice to an accused before summoning them to face trial. Clarifying that it had not expressed any opinion on the merits of the ED's complaint, the bench directed executive Kushal Kumar Agarwal to appear before the trial court on July 14, "so that he can be given an opportunity of being heard in terms of the proviso to sub-section (1) of Section 223 of the BNSS." The order also stated, "We make it clear that no further notice shall be issued by the Special (trial) Court to the appellant (Agarwal)." Section 223 of the BNSS applies specifically to "complaints" and not to cases investigated by the police or the CBI. Advocate Vijay Aggarwal, representing the petitioners, argued that under Section 223, accused persons are entitled to be heard before being summoned by the trial court. He emphasized that this section stipulates that "no cognisance of an offence shall be taken by the magistrate without giving the accused an opportunity of being heard." In response, ED's counsel argued that under the new BNSS provision, the hearing granted to the accused is limited to determining whether a case is made out to proceed based solely on the complaint and its accompanying documents. The ED further contended that cognisance is taken of the offence-not the offender. Thus, once cognisance is taken, it need not be taken again when supplementary or further complaints are filed. "Therefore, at that stage, there will be no occasion to give the accused the opportunity to be heard," the ED's counsel argued. Addressing these arguments, the Supreme Court stated in its order that the ED's submissions "need not be considered, as the same do not arise in this appeal at this stage." However, it added, "We make it clear that the said contentions are expressly kept open and can be raised before the Special Court."
Time of India
a day ago
- Politics
- Time of India
Supreme Court quashes cognisance in ED case against Rathi Steel & Its
Live Events (You can now subscribe to our (You can now subscribe to our Economic Times WhatsApp channel New Delhi: The Supreme Court has set aside the cognisance of a prosecution complaint (equivalent to a chargesheet) taken by a lower court in a money laundering trial involving M/s Rathi Steel and its top executive, who were booked by the Enforcement Directorate (ED) in connection with a coal allocation case.A division bench comprising Justices AS Oka (who retired last month) and Ujjal Bhuyan set aside the cognisance order dated November 20, 2024, solely on the ground of "non-compliance" with new provisions under the Bharatiya Nagarik Suraksha Sanhita (BNSS). These provisions require trial courts to issue a show-cause notice to an accused before summoning them to face that it had not expressed any opinion on the merits of the ED's complaint, the bench directed executive Kushal Kumar Agarwal to appear before the trial court on July 14, "so that he can be given an opportunity of being heard in terms of the proviso to sub-section (1) of Section 223 of the BNSS." The order also stated, "We make it clear that no further notice shall be issued by the Special (trial) Court to the appellant (Agarwal)."Section 223 of the BNSS applies specifically to "complaints" and not to cases investigated by the police or the CBI. Advocate Vijay Aggarwal, representing the petitioners, argued that under Section 223, accused persons are entitled to be heard before being summoned by the trial court. He emphasized that this section stipulates that "no cognisance of an offence shall be taken by the magistrate without giving the accused an opportunity of being heard."In response, ED's counsel argued that under the new BNSS provision, the hearing granted to the accused is limited to determining whether a case is made out to proceed based solely on the complaint and its accompanying ED further contended that cognisance is taken of the offence-not the offender. Thus, once cognisance is taken, it need not be taken again when supplementary or further complaints are filed. "Therefore, at that stage, there will be no occasion to give the accused the opportunity to be heard," the ED's counsel these arguments, the Supreme Court stated in its order that the ED's submissions "need not be considered, as the same do not arise in this appeal at this stage." However, it added, "We make it clear that the said contentions are expressly kept open and can be raised before the Special Court."
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First Post
25-05-2025
- Politics
- First Post
Decriminalise consensual relationship under Pocso, form sex education policy, SC advises govt
The Supreme Court has urged the Centre to rethink the strict application of the Pocso law in cases involving consensual teenage relationships. It also called for a national policy on sexual and reproductive health education. read more The Supreme Court has asked the Centre to consider decriminalising consensual relationships between teenagers so they are not jailed under the strict Pocso law. It also suggested creating a policy on sexual and reproductive health education. A bench of Justices Abhay S Oka and Ujjal Bhuyan issued a notice to the Centre, asking the Ministry of Women and Child Development to set up an expert panel to study the issue and submit a report by July 25. The court said it will issue further directions after reviewing the report. STORY CONTINUES BELOW THIS AD This is a developing story.
Time of India
24-05-2025
- Time of India
Rs 3.5 lakh: Cost of a Bengal villager's legal battle to save her husband
NEW DELHI: The extent to which the legal system can take the poor and the ignorant for a ride, fleecing and exploiting them in the process, came to light when Supreme Court decided to find out the legal expenses of a woman from a small village in West Bengal in her fight to protect her husband. Shocking details emerged: she paid a tout who promised to secure bail and an additional amount to an advocate 'for winning the case'. The woman, who lives in a ramshackle dwelling with a tarpaulin sheet for a roof and no doors, ended up spending Rs 3.5 lakh from the trial court to the SC, which admitted that the legal system had failed her. The man was sentenced to 20 years by a Pocso court for having a physical relationship with the woman when she was a minor, and she fought to get him released. A bench of Justices Abhay S Oka and Ujjal Bhuyan had appointed a committee to interact with the woman and the panel filed a report in a sealed envelope. In its judgment, the bench mentioned the findings of the panel which said she was now in a debt trap. "She had to run from pillar to post... She spent large amounts by way of payment of fees to lawyers for his release. The amount she spent as noted in the final report of the committee are startling," it said. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Gentle Japanese hair growth method for men and women's scalp Hair's Rich Learn More Undo Case an eye-opener for everyone, shows lacunae in legal system: SC At different stages, the woman paid a total of Rs 40,000 to advocates. In addition, she claims to have paid a sum of Rs 10,000 to an advocate 'for winning the case'. She spent a sum of Rs 20,000 to get copies of the chargesheet and Rs 7,000 for getting duplicate copies of court papers, court said. She paid Rs 18,000 to a tout who promised to get bail for her husband. Thus, she ended up spending over Rs 2 lakh (in trial court proceedings) by incurring debt for defending the accused. In fact, the committee records that the indebtedness has become vicious, the court said in its verdict. The woman had to approach high court and had to bear additional expenses of nearly Rs 1.4 lakh. As the apex court appointed two leading senior advocates as amici to assist the bench, she did not have to pay much in the SC. "The figures stated make it obvious that she has been exploited. This is evident from the fact that she had to pay Rs 60,000 for grant of bail, Rs 25,000 for securing acquittal, Rs 15,000 for filing a case in this court and Rs 25,000 towards air fare, to enable her husband's advocate to appear before this court," the bench said. The top court said that the family is very poor and staying in a temporary shelter enclosed by brick walls, but the roof is of tarpaulin with no door. It said the facts of this case were an eye-opener for everyone as it highlighted the lacunae in the legal system which failed her. "In this case, the society, the family of the victim and the legal system have done enough injustice to the victim," the bench said.
Time of India
24-05-2025
- Politics
- Time of India
Government should consider suggestion for a sex education policy: Supreme Court
NEW DELHI: To ensure that adolescents don't get sent to jail under the stringent Protection of Children from Sexual Offences Act (Pocso) for being in romantic relationships, Supreme Court has directed the Centre to consider decriminalising such consensual relationships and frame a policy for sexual and reproductive health education in the country. A bench of Justices Abhay S Oka and Ujjal Bhuyan issued notice to the Centre through the ministry of women and child development to form an expert committee to examine the issue and file a report before it by July 25. The court said it would pass further directions after getting the report. The trigger for the court order was the legal battle of a woman from West Bengal to protect her husband who was sentenced to 20 years in jail under Pocso for having a relationship with her when she was 14. The court had appointed two senior women advocates - Madhavi Divan and Liz Mathew - to assist it on the sensitive issue and they suggested that adolescents in consensual relationships needed to be protected. While Pocso Act served an essential purpose in protecting minors from sexual exploitation, its rigid application in cases of adolescent relationships could lead to outcomes that may not align with the best interests of the prosecutrix and her dependants, they suggested. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Giao dịch vàng CFDs với sàn môi giới tin cậy IC Markets Tìm hiểu thêm Undo Accepting the suggestions of the senior advocates, the court impleaded the Centre in the case and issued notice. The advocates also pointed out that various high courts, including Delhi and Madras, have taken a nuanced approach and interpreted the statement of objects and reasons of the Pocso Act as not intending to criminalise consensual romantic relationships. In several cases, Madras high court adopted a legal interpretation that consensual acts did not fulfil the requirement of 'assault' in the offence of 'penetrative sexual assault'. Govt should consider suggestion for a sex education policy: SC Calcutta HC held that Pocso Act defined 'penetration' as a unilateral act by the accused and, therefore, in cases of consensual intercourse, the act of penetration may not solely be attributed to the accused. Various HCs have also considered the impact such prosecution has on the victim and have proceeded to quash proceedings if pursuing the case would harm the victim. Accepting the suggestions of the senior advocates, the court impleaded Centre in the case and issued notice. "For carrying forward the suggestion of the learned amici, we propose to implead the Union of India through the ministry of women and child development, so that more effective orders can be passed," it said. "The secretary of the ministry shall appoint a committee of experts to deal with the suggestions of the amici curiae. Senior officers of the state shall be part of the committee. If necessary, the committee can also consult the senior counsel appointed as amici curiae. Immediately on service of notice, the secretary shall constitute a committee. The members of the committee constituted by this court (comprising Dr Pekham Basu from TISS; Jayita Saha, clinical psychologist; and Sanjeeb Rakshit, district social welfare officer, South 24 Parganas) shall be permanent invitees to the said committee," the bench said. Government should also consider the suggestion to have a policy on comprehensive sexual and reproductive health education because as per a Unesco report, education policies on life skills-based HIV and sexuality education was only at secondary education-level in India, the bench added. Way back in 2001, Madras HC had suggested amending the law not to penalise such relationships. "An adolescent boy and girl who are in the grips of their hormones and biological changes and whose decision-making ability is yet to fully develop, should essentially receive the support and guidance of their parents and the society at large. These incidents should never be perceived from an adult's point of view and such an understanding will, in fact, lead to lack of empathy. An adolescent boy who is sent to prison in a case of this nature will be persecuted throughout his life. It is high time that the legislature takes into consideration cases of this nature involving adolescents involved in relationships and swiftly bring in necessary amendments under the Act. The legislature has to keep pace with changing societal needs and bring about necessary changes in law and, more particularly, in a stringent law such as Pocso Act," it had said. Delhi HC recently in Feb granted relief to a boy and quashed the case against him and had said that the focus of the law should be on preventing exploitation and abuse, rather than punishing love. "Love is a fundamental human experience, and adolescents have the right to form emotional connections. The law should evolve to acknowledge and respect these relationships, as long as they are consensual and free from coercion," HC had said.
