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The accused had hoisted a saffron flag on a Mosque, replacing the National Flag already in place with an intent to hurt religious feelings of the members of Muslim community.
“The well settled proposition of law is that simple denial of the whereabouts of an offender by his family members does not amount to harbouring such family member.”
The Constitutional Court can exercise its constitutional powers in transferring investigation from State investigating agency to any other investigating agency, including CBI, only in rare and exceptional cases.
“Both scenarios create a paradox as the petitioner knowingly carrying it or the police falsely planting it are equally vulnerable to speculative reasoning and seem unlikely as an accused carrying contraband openly in a transparent bag defies caution, whereas the police planting evidence in a transparent bag defies strategic thinking.”
“Jagjit Singh is said to be free to go home after seeking discharge from the hospital. In such circumstances, it cannot be said that he is in illegal confinement of the State. However, the State is directed to ensure that there should be no hindrance if the family members, friends, relatives, or any other person wish to see him in the hospital.”