SC order regarding impleading Jaya’s #ITAct case


Message from kavita srivastava
The Supreme Court vacation bench of Justice BS Chauhan and Justice Deepak Mishra today heard the matter of Shreya Singhal VS UOI, where an  application was moved by the petitioner for the impleadment and stay on the  proceedings against  Jaya Vindhyala, President PUCL AP, who had been booked and arrested under Section 66A of the IT Act by the Chirala Police Station in Prakasham district, AP.
The bench was pleased to issue notice to the State Government of AP and further directed compliance of the central advisory dated 27/01/2013 by which an arrest u/s 66 A cannot be made made without sanction of the police officer not less than a rank of a DCP (SP) of . This direction was also issued to all the State Government to ensure compliance.
The court heard the case for about 6 to 7 minutes. The counsels present were : Soli J Sorabjee, for the petitioner, Siddhartha Luthra, ASJ and lawyers Apar Gupta and Karuna Nandy.
This order means that the Central Advisory has now been made law. Where no inspector can make arrests unless the SP level officer sanctions.
We donot know whether in  Jays’s case the central advisory was complied with.

 

 

#India -35-year-old awaits murder trial in a juvenile home #WTFnews


Manish Sahu : Lucknow, Thu Jan 17 2013, IE
FP

For over three months now, an observation home in Bareilly meant for juveniles undergoing trial or convicted by the Juvenile Justice Board has had a 35-year-old resident. Rakesh (name changed) was shifted to the home on September 29 as a local court declared that he was a minor at the time of his alleged involvement in a case of dacoity and murder in Shahjahanpur district in 1988.

A daily wage labourer, Rakesh is married and has four children. His eldest son is 12 years old.

Rakesh is estimated to have been around 11 when the crime was committed. Bareilly Observation Home superintendent Chabinath Rai said he was lodged there on the order of the Juvenile Justice Board. “Considering his age, we keep him away from other inmates. Till now, no inmates have objected,” said Rai.

Tasneem Kausar, a member of the Juvenile Justice Board at Shajahanpur, said they were only following the norms of the Juvenile Justice Act.

The incident dates back to December 1988, when unidentified men beat up residents of a house in Shahjahanpur, fired at them and decamped with valuables. Two of the injured later died. Police arrested seven persons in the case — Jai Ram, Rakesh, Lalla Ram, Nandu, Sadhu, Nanne and Lalla.

In April 1989, Sadhu and Lalla Ram were discharged for want of proof. Rakesh’s lawyer Virendra Pal Singh Chauhan said “trial of only three persons was conducted”. On December 12, 2011, a court held Nanne, Jagdish and Rakesh guilty.

“Before the court could pronounce the sentence, I told it that Rakesh was a minor at the time of the incident. In his statement before the court earlier that year, Rakesh had mentioned his age as 34. This means he was a minor in 1988. The court did not pronounce Rakesh’s punishment, but sentenced Nanne and Jagdish to life imprisonment,” said Chauhan.

On September 28 last year, the sessions court declared that Rakesh was a minor during the incident and referred the matter to the Juvenile Justice Board.

Delhi BJP leader held on rape charges #Vaw


Press Trust of India | Updated: January 05, 2013 21:55 IST

New DelhiA Delhi BJP leader, who had unsuccesfully contested the 2008 Assembly elections, was arrested for allegedly raping a woman in outer Delhi, police said today.

Yogesh Attrey, who lost the elections to Delhi Minister Raj Kumar Chauhan, was arrested yesterday after a woman filed a complaint on Thursday.

Police said the case was registered at Vijay Vihar Police Station in Outer Delhi and that Attrey was booked under sections 376 (rape), 506 (criminal intimidation), 509 (intending to insult the modesty of any woman) and 313 (causing miscarriage without woman’s consent).

Attrey lost the 2008 elections to Mr Chauhan by a margin of 30,000 votes.