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The matter was remanded to the Special Judicial Magistrate for a fresh decision regarding the applications preferred by Ram Rahim and the doctor in view of the present Order.
“Mere observation that the investigating authorities may have taken a lackadaisical ethical approach does not warrant the accused being put through the wringer once more for the same offence.”
Delhi High Court affirmed that Explanation-II of Section 44(1)(b) of the PMLA applies retrospectively
“Appellate Courts must also keep in mind that the conditions imposed while suspending sentence of fine, should not be such that they are impossible to comply with, for such condition may amount to defeating the appellant’s right of appeal against the order of conviction.”
With this order, all the accused in the liquor policy case—including AAP leaders Arvind Kejriwal, Manish Sisodia, Sanjay Singh, and BRS leader K. Kavitha, have been granted bail.
The Court directed West Bengal Govt. to submit an affidavit to disclose the selection process which is followed for the recruitment of the Civic Volunteers and the steps which have been taken to ensure that such Civic Volunteers do not operate in sensitive establishments.
The SIT formed by SC shall consist of 2 officers of CBI, nominated by the Director; 2 officers of Andhra Pradesh State Police; and 1 senior officer of FSSAI.
“There is a great sanctity attached to the proceedings conducted in the Court. No professional much less legal professional, is immune from being prosecuted for his/her criminal misdeeds.”
In 2015, the minor left the school but did not reach his house and three days later, his body was found by the police, and it was alleged that he was murdered after being subjected to unnatural sexual intercourse.
The Court also directed the West Bengal Govt. to take steps to create confidence in the doctors vis-a-vis their safety and emphasised that resident doctors cannot be oblivious of the needs of the general community whom they are intended to serve, and they should return to work within the time indicated.
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.