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]]>Additional Sessions Judge Vinod Yadav discharged 22-year-old Javed for the offence of causing “mischief by fire or explosive substance”, after noting that the complainant’s statements do not show that the particular act was committed.
The judge said, “This court is conscious of the fact that cases of communal riots have to be considered with utmost sensitivity, but that does not mean that the common sense should be given go-by; mind has to be applied even at this stage with regard to the material available on record.”
Accused Javed was arrested in April 2020 based on complaints filed by four people who claimed that their house, godown and shops were vandalised and looted by a riotous mob on February 25, 2020.
The judge observed however that there were no eyewitnesses, CCTV footage or photographs of the incident. He also took note of the fact that the complainant did not state a single word regarding mischief by fire or explosive substance by the mob.
“I’m afraid that the investigating agency cannot cover up the said flaw by way of recording the supplementary statements of complainants, if the ingredient(s) of section 436 IPC [mischief by fire] was not there in their initial written complaints made to the police,” ASJ Yadav said.
“I am of the considered view that ingredients of Section 436 IPC are not at all made out from the material produced on record by the investigating agency. Except Section 436 IPC, all the offences invoked in the matter are exclusively triable by the court of learned Magistrate,” he added.
(Except for the headline, this story has not been edited by The Edge Media staff and is published from a syndicated feed.)
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]]>The post “Intellectuals Have A Duty To Expose Lies Of State”: Supreme Court Judge appeared first on The Edge Media.
]]>Delivering the Justice MC Chagla Memorial Lecture, Justice Chandrachud also cautioned against an over-reliance on the government to provide social, political, economic, cultural and, in the current context, medical truths; he highlighted manipulation of COVID-19 data as an example.
“One cannot rely only on the State for truth. Totalitarian governments are known for their constant reliance on falsehoods to consolidate power… we see there is an increasing trend among countries to manipulate COVID-19 data,” Justice Chandrachud said.
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]]>The judges are likely to take oath on August 31.
Justice BV Nagarathna, of the Karnataka High Court, is in line to become the first woman Chief Justice of India – a milestone in the nation’s history.
PS Narasimha, among the judges for the Supreme Court elevation, is also in line to become the Chief Justice, becoming the third lawyer from the bar to become the top judge.
Justice SM Sikri was the first lawyer to be elevated directly to the Supreme Court bench in March 1964. He became the Chief Justice of India in 1971.
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]]>The post Chief Justice Upset With Reports On Judges’ Appointments, Cautions Media appeared first on The Edge Media.
]]>“The process of appointment of judges is sacrosanct and has certain dignity attached to it. Media friends must understand and recognise the sanctity of this process,” the Chief Justice said, speaking at the farewell of a judge, justice Navin Sinha.
“There were instances of deserving career progression of bright talents getting marred because of such irresponsible reporting and speculation. This is very unfortunate and I am extremely upset about it. I appreciate maturity and responsibility displayed by majority of senior journalists and media houses in not speculating on such serious matter,” Justice Ramana said.
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]]>The post Anti-terror law should not be misused to quell dissent : Supreme Court Judge. appeared first on The Edge Media.
]]>“Criminal law, including anti-terror legislation, should not be misused for quelling dissent or harassment of citizens. As I noted in my judgement in Arnab Goswami vs the state, our courts must ensure that they continue to remain the first defense against the deprivation of liberty of citizens,” Justice Chandrachud said.
He was speaking at the Indo-US Joint Summer Conference on Indo-US legal ties.
“Deprivation of liberty for even a single day is one too many. We must always be mindful of the deeper systemic issues of our decisions,” he added.
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