Page 5 - Criminal Cases

SC to decide if mere membership of banned group makes someone criminal

The Supreme Court on Thursday reserved its verdict on a batch of pleas including those seeking review of some verdicts of 2011 which had held that mere membership of a banned organisation will not make a person criminal unless he resorts to violence or incites people to violence. The top court noted that the Union of India was not heard by its two judges-bench when the 2011 verdict was passed reading down section 3 (5) of Terrorist and Disruptive Activities (Prevention) Act, 1987 (now repealed). The top court on February 3, 2011, had acquitted suspected ULFA member Arup Bhuyan, who was held guilty by a TADA court on the basis of his alleged confessional statement before the Superintendent of Police, and said that mere membership of a banned organisation will not make a person a criminal unless he resorts to violence or incites people to violence or creates public disorder by violence or incitement to violence. Similar views were taken by the apex court in two other verdicts of 2011

Tripura elections: 45 candidates crorepatis, 41 have criminal cases

Of the total 259 candidates contesting the February 16 Tripura Assembly election, 45 are crorepatis, according to a report. The ruling BJP has 17 crorepati candidates followed by Tipra Motha with nine and CPI(M) seven, the report by the Association for Democratic Reforms (ADR), a civil society organisation, said. The Congress has six crorepati candidates, Trinamool Congress four and two Independent candidates are also crorepati, it said. Deputy Chief Minister Jishnu Dev Varma of the BJP who is contesting from the Charilam constituency is the wealthiest candidate with 15.58 crore of movable and immovable assets, the report said. Chief Minister Manik Saha, a doctor, is the second richest candidate with Rs 13.90 crore assets, ADR's state coordinator Biswendu Bhattacharjee told PTI on Wednesday. Saha is contesting from Town Bardowali constituency. The third richest candidate is Abhijit Sarkar of the Tipra Motha with Rs 12.57 crore, Bhattacharjee said. The BJP which has fielded 55 .

Supreme Court grants bail to Vyapam scam 'whistleblower' in criminal case

The Supreme Court on Friday granted bail to a medical practitioner, who also claimed to be a whistleblower in the sensational Vyapam scam, in a case of alleged violence during a protest in Madhya Pradesh. A bench of Chief Justice DY Chandrachud and Justice PS Narasimha took note of the submissions made by senior advocates Kapil Sibal and Vivek Tankha that accused Anand Rai, an ophthalmologist, is in jail for the last 60 days in connection with a criminal case lodged under various sections of the Indian Penal Code (IPC) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. "This man is an ophthalmologist. He says he is also the whistleblower in the Vyapam scam. The allegation is that he was part of a mob which attacked the (district) collector. How long will you keep him in jail?" the bench asked Solicitor General Tushar Mehta, who appeared in the matter on behalf of the Madhya Pradesh government. It also took note of the fact that the chargesheet has not been

Aaftab Poonawala withdraws bail plea applied 'erroneously' at Delhi court

He had moved an application to the court seeking bail on December 16

Low Payments, no respect: Why quality of free legal aid in districts is bad

About 20% of legal aid counsels identified a lack of infrastructure, such as designated chambers for interacting with clients

Elizabeth Holmes appeals her Theranos fraud conviction, prison term

Lawyers for Holmes, 38, filed a single-page notice of appeal without disclosing on what grounds she will ask the Court of Appeals to overturn the guilty verdict reached by a jury 11 months ago

SC to have specialsed benches for criminal, tax, land issues, MACT matters

The Supreme Court will have four special benches to conduct proceedings in issues relating to criminal matters, direct and indirect tax matters, land acquisition matters and MACT

After over 21 years, court acquits 3 in spurious soft drink factory case

More than 21 years after an FIR was registered against three on the charge of criminal conspiracy for running a spurious soft drink factory, a Delhi court has acquitted the trio, saying investigation was not done with the sincerity required. The court also acquitted them of the charge of infringement of copyright, and said the manner in which the prosecution witnesses were examined, seemed it was only paperwork without a specific target in mind. The court was hearing a case against Shankar, Mahesh and Bhupinder Singh, who were arrested for allegedly running a factory where some spurious drink was filled into empty soft drink bottles of Pepsi and Coca Cola in Sudarshan Park area of west Delhi on June 18, 2001. In my opinion, the accused have been able to raise a probable defence creating doubt about the existence or veracity of the prosecution version which renders the same untrustworthy. Accordingly, accused persons are acquitted of the charge levelled against them, Chief Metropolit

SC to hear bail plea of Siddique Kappan booked under UAPA on Monday

The Supreme Court on Monday will hear the bail plea of Kerala journalist Siddique Kappan who was booked under UAPA and other charges in the alleged Hathras conspiracy case

Wrong, unjust to felicitate accused in 2002 Bilkis Bano case: Fadnavis

The 11 convicts undergoing life sentences in the two decades old cases were set free on August 15, after spending 14 years in jail following an apex court order.

Out of the box ideas needed to unclog jails, cut criminal cases burden: SC

Some "out of the box" thinking is required to unclog jails and reduce the burden of criminal cases in courts, observed the Supreme Court on Friday while stressing that some steps should be taken

No reasons cited for fielding 212 with criminal cases in polls: ADR report

Here's a look at how the major parties did regarding the C7 mandates, across state elections

Delhi HC to hear plea on pendency of criminal cases against MPs, MLAs

The Delhi High Court is scheduled to hear a case about the pendency of criminal cases against members of Parliament (MPs) and Legislative Assemblies (MLAs)

NIA raids Trichy special camp lodging foreigners with criminal records

The National Investigation Agency (NIA) on Wednesday conducted searches at Trichy (Tiruchirappalli) special camp in Tamil Nadu where foreigners with criminal records are lodged, the agency said

Criminal proceedings not shortcut for other remedies, says Delhi HC

Criminal proceedings are not a shortcut for other remedies and criminal law cannot be set into motion in a usual manner, the Delhi High Court has said. The high court stated that summoning an accused in a criminal case is a serious matter and the complainant has to bring on record material to support the allegations to have criminal law set into motion. The observations were made by the high court while quashing the complaint and summoning order against a practicing lawyer for the alleged offence of criminal breach of trust on account of the absence of material to prima facie establish the commission of the offence as alleged in the complaint. The complainant real estate company, in the present matter, claimed that the petitioner lawyer illegally released to its opponents' certain documents kept in an escrow account created in his name. Giving relief to the lawyer, Justice Chandra Dhari Singh said Criminal proceedings are not a shortcut for other remedies. The petitioner is a ...

Justice Rajiv Gupta recuses from hearing 2 cases against Mukhtar Ansari

One of these cases was filed under the Gangsters' Act and is pending in Azamgarh, and another relating to the alleged misuse of vidhayak nidhi (MLA's fund) is pending in Mau

44% newly sworn-in Goa ministers have criminal cases against them: ADR

According to the ADR report, serious criminals cases meant those offences which carry punishment of five years or more

Assembly polls: 45% winners in 5 states with criminal cases, says ADR

Of the 690 candidates, 219 (32 percent) winning candidates have declared serious criminal cases against themselves, it said

SC fines 8 parties for non-compliance with its order on criminal candidates

SC slapped a fine of Rs 1 lakh each on BJP and Congress and Rs 5 lakh on NCP and CPM for failing to comply with its earlier directions on making criminal antecedents of election candidates public

Duty of society to offer criminal opportunity to defend himself: SC Judge

It is the duty of every member of an orderly society to offer every possible opportunity to a "criminal" to defend himself, Supreme Court judge U U Lalit said on Sunday.