Bringing you the Best Analytical Legal News
Sandip Ghosh was the Principal of the RG Kar Hospital and College where the brutal rape and murder of a doctor took place on 9-08-2024. The Calcutta High Court on 13-08-2024 had transferred the investigation to CBI relating to the doctor’s death.
The Court reproached the CBI for embarking on a roving and fishing inquiry on the strength of the CAG Audit Report and then working backwards to sniff out criminal intent against the appellants.
Transferring the case to CBI would prevent unnecessary delay in the judicial process as well as potential misrepresentation of information which could undermine effective and credible enforcement.
The Court quashed the complaint, charge sheet, and charges framed by the Designated Special Court, Srinagar, under the PMLA.
Delhi Chief Minister Arvind Kejriwal was denied interim bail in CBI matter. The CBI arrested him on 26-06-2024, while he was in judicial custody in ED’s matter.
“It will be travesty of Justice if he has to be relegated to Trial Court again. Sisodia has been deprived of the right to speedy trial, which is a sacrosanct right”.
“Courts may direct the cancellation of an examination or approve such cancellation by the competent authority only if it is not possible to separate the tainted candidates from the untainted ones.”
The leitmotif that “justice should not only be done but should manifestly and undoubtedly be seen to be done”, must not be limited only to court proceedings, but must also apply proprio-vigore to investigation of crime. Investigation must also be seen to be fair and just.
On 22-07-2024 the Supreme Court has asked the Director of IIT, Delhi to constitute a three-member expert committee to give their opinion regarding the correct answer to a multiple-choice question of NEET-UG 2024, for which the NTA awarded marks for two options.
A quick legal roundup to cover important stories from all High Courts this week.
Income Tax Authorities conducted a raid at DK Shivakumar’s house and allegedly recovered Rs.8,59,69,100/- and CBI registered an FIR for offence punishable under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988.
The Court stayed the order dated 02-07-2024 passed by the Exclusive Magistrate, CBI, Patna, whereby CBI’s application for remand of the 13 accused was rejected.
“Though an attempt was made to portray the incidents that led to the registration of the crime as one having transnational ramifications based upon the affidavit of the State Government filed in the Supreme Court, this Court is of the view that the circumstances do not persuade this Court to rely on the said averment to direct a CBI investigation”
The State of West Bengal had challenged the CBI’s action of registering Suo moto cases for offences that occurred within its territory without any direction from the competent court or prior consent by the State.
“If the breach of the exam’s sanctity is widespread and if it is not possible to segregate tainted and untainted candidates, a retest may be ordered, but if beneficiaries are identified and limited, then a retest won’t be needed”
Several members of Aam Aadmi Party including members of various other opposition parties made an audio and video recording of Court proceedings which had been circulated on various social media platforms.
Keeping in view the rules of natural justice, fair trial and criminal jurisprudence, the accused will be entitled to supply of those additional documents which may be filed against the co-accused with whom he has been alleged to have conspired with and as stated above, to additionally address arguments on charge on the basis of such additional material directly involving his role in the conspiracy.
The Court did not grant relief to Sisodia in his bail plea against Delhi High Court’s decision but granted him the liberty to revive his prayer afresh after filing of the final complaint/Charge sheet on or before 03-07-2024, after considering the assurance by Prosecution.
Ranjit Singh was Dera manager who was shot dead in 2002, allegedly on speculation that he circulated an anonymous letter, highlighting the cases of sexual exploitation of Dera’s female followers.
“In the present case, the Special Court has taken into account the nature of the case against the petitioner and factum of his non-cooperation and other relevant factors while remanding the petitioner into police custody.”