English हिन्दी
Connect with us

India News

UP Law Commission recommends law for lynchings providing up to life term

Published

on

UP Law Commission recommends law for lynchings providing up to life term

The Uttar Pradesh State Law Commission has drawn a draft legislation for combating mob lynching, recommending jail terms ranging from seven years to life imprisonment for assailants and up to three years for dereliction of duty by a police officer or district magistrate.

The draft law is part of a report based on a study undertaken suo motu by the Commission – the government had not commissioned it. The report along with the draft Bill was submitted to UP chief minister Yogi Adityanath on Wednesday, July 10, by State Law Commission Chairman Justice (retd) Aditya Nath Mittal, according to media reports.

In the introduction to the report, Justice Mittal noted that “one of the most stringing descriptions of the dangers of mob violence was Mark Twain’s response to a racial lynching in Missouri in 1901. He saw in it the danger of America turning into ‘United States of Lyncherdom’.” More than a century later, the secular Republic of India “appears to be amidst the shadow of a similar fear,” he said.

The 128-page report cited various cases of lynching in the state and recommended the immediate enactment of a law as per recommendations made by the Supreme Court in 2018.The report said only Manipur has made a special law against lynchings and, as per media reports, the Madhya Pradesh government is soon going to enact it.

The Supreme Court had in July 2018 issued a series of remedial and punitive measures to the Centre and state governments to curb mob lynching, demanding them to be implemented within four weeks.Noting that “mobocracy cannot be allowed in democracy”, the court had asked the governments to ensure that law and order is maintained. It had recommended the governments to enact a law that specifically addresses cases of lynching.

The UP State Law Commission’s report says the existing law is not sufficient to deal with mob lynchings and there is need for a law to not just punish the wrongdoers but also hold authorities responsible for dereliction of duty if such incidents take place under their watch.

Suggesting that such a law may be called the Uttar Pradesh Combating of Mob Lynching Act, the commission specified the responsibilities of police officers and district magistrates, spelling out the punishment for failing in their duty.

As per the available data from 2012 to 2019, 50 incidents of mob violence have taken place in the state.

Also Read: CBI raids senior advocates Indira Jaising, Anand Grover for FCRA violation

Of around 50 victims, 11 died. Twenty-five of these were cases of major assault, including those by cow vigilantes.

It referred to various cases of lynching and mob violence in the state, including the 2015 killing of Mohammed Akhlaq in Dadri on the suspicion of beef consumption.

It mentioned the killing of Inspector Subodh Singh on December 3, 2018, in a clash between police and Hindutva groups in Bulandshahr after cattle carcasses were found in a field.

The chairman noted that mobs were now turning on police as well. “Incidents of mob violence have taken place in districts of Farukkhabad, Unnao, Kanpur, Hapur and Muzaffarnagar. Police are also becoming victims as people have started thinking of them as their enemy,” Mittal said in the report.

“The killing of a head constable in Ghazipur and a jail warden are examples of this,” he said.

Underlining that mob lynching be made a separate offence to inculcate fear among miscreants, the commission’s draft law recommends stringent punishment:

* Imprisonment up to 7 years and fine up to Rs 1 lakh if the victim is injured.

* Imprisonment up to 10 years and fine up to Rs 3 lakh if victim suffers serious injuries.

* Rigorous imprisonment for life and fine up to Rs 5 lakh if the victim dies.

* Those involved in conspiracy, abetment be punished like those actually involved in lynching.

* In case of dereliction of duty by police officer or district magistrate, imprisonment of one year, which may be extended to three years and fine up to Rs 5000.

* Imprisonment of six months for contributing or enforcing a hostile environment.

The draft Bill defines “lynching”, “mob”, “victim” and “offensive material”  as well as also “hostile environment” created against the victim or family, including boycott of trade, public humiliation, depriving fundamental rights, and forcing a person to leave home etc.

Also Read: Ayodhya case: Daily hearing in Supreme Court from July 25 if mediation efforts fail

To hasten the trial process, the report suggests that cases of mob lynching should be assigned to designated judges, who should conduct the trial on a priority basis.

The panel said the law should also provide for compensation to the family of the victim for grievous injury or loss of loss of life and property. There should also be provisions for the rehabilitation of the victims and their families, it said.

Sapna Tripathi, Secretary of the State Law Commission, told The Indian Express: “The commission realised that mob lynching is a global problem faced even by US, countries in Africa etc for long. Thus, the commission thought of undertaking a suo motu study in this regard about six months ago. We also took into account directions of the Supreme Court and High Courts in different cases.”

“The commission only recommends and proposes to state government, it is up to the state government to accept it or take it forward.” She said the commission’s next study is on “anti-conversion laws” related to conversion of religion for the purpose of marriage.

India News

Mumbai Police book 3 unidentified shooters in Tiger Shroff firing case

Mumbai Police have registered a case against three unidentified individuals in connection with the firing at Tiger Shroff’s car in Mumbai’s Juhu area. The actor escaped without gunshot injuries, while two other people were injured.

Published

on

Mumbai Police have registered a First Information Report (FIR) against three unidentified individuals in connection with the firing incident involving Bollywood actor Tiger Shroff in Mumbai’s Juhu area. The case is under investigation as police work to identify those responsible for the shooting.

The incident took place on Sunday evening, October 18, when unidentified assailants opened fire at the vehicle carrying Shroff. The actor escaped without gunshot injuries, while two other people sustained injuries in the incident.

FIR registered against unidentified suspects

The police case names three unidentified individuals in connection with the firing. Investigators are examining evidence to establish the identities of the suspects and determine the circumstances surrounding the attack.

The registration of the FIR marks a formal step in the investigation. However, the identities of the accused have not been established in the report, and the case remains under investigation.

What happened during the firing incident

The shooting occurred in Mumbai’s Juhu area as Shroff was returning after playing football. The assailants reportedly opened fire at his car before fleeing.

The actor’s driver was among the two people injured in the incident. Police have been investigating the circumstances of the shooting and examining available evidence to trace those involved.

Investigation continues

Mumbai Police are continuing their investigation into the firing. The motive behind the attack and the identities of those responsible remain key questions for investigators.

A claim of responsibility attributed to individuals allegedly associated with the Lawrence Bishnoi gang has also surfaced on social media. However, the alleged gang’s involvement should not be treated as established fact without official confirmation from the police.

Further details are awaited as the investigation progresses.

Continue Reading

India News

Devendra Fadnavis says no one will be spared after firing at Tiger Shroff

Maharashtra Chief Minister Devendra Fadnavis has assured strict action after gunmen opened fire at actor Tiger Shroff’s car in Mumbai’s Juhu area. Shroff suffered minor injuries, while two other people were injured.

Published

on

Tiger Shroff

Maharashtra Chief Minister Devendra Fadnavis has assured strict action against those responsible for the firing incident involving Bollywood actor Tiger Shroff in Mumbai. The chief minister spoke to the actor after the incident and directed the Mumbai Police Commissioner to expedite the investigation and take action against the accused.

The shooting took place in Mumbai’s Juhu area on Sunday evening, October 18, when gunmen opened fire at the actor’s car as he was leaving a football venue. Tiger Shroff did not sustain any gunshot injuries but suffered minor injuries to his left hand from gunpowder and broken glass. Two other people, including his driver, were also injured in the incident.

Fadnavis directs police to speed up investigation

Following the incident, Fadnavis contacted Mumbai Police Commissioner Deven Bharti to seek details of the firing. He instructed the police to conduct a swift investigation, trace the accused and take strict action against those responsible.

The chief minister also spoke to Tiger Shroff and assured him of the government’s support, saying the accused would be traced and apprehended at the earliest.

The police have formed multiple teams to investigate the incident and identify those involved. According to reports published on October 19, 15 teams have been formed to track down the assailants.

Tiger Shroff suffers minor injuries in Mumbai firing

The incident occurred in Juhu as the actor was leaving a football venue in his car. Unidentified men allegedly arrived on a motorcycle and opened fire at the vehicle.

Although Tiger escaped direct gunfire, his driver sustained a gunshot injury. Another person, identified in reports as an autorickshaw driver, was also injured in the incident. Both were taken for medical treatment.

Police are investigating the circumstances surrounding the shooting and examining available evidence to identify the attackers.

Alleged gang claim under investigation

Following the firing, an audio recording and social media claims attributed to people claiming links to the Lawrence Bishnoi gang surfaced. The claims reportedly referred to Tiger Shroff’s association with actor Salman Khan. 

However, the authenticity of the claims had not been independently verified in the reporting available at the time. The claims should not be treated as confirmation of the attackers’ identity or the motive behind the shooting.

The investigation remains focused on identifying those who opened fire and establishing the circumstances behind the incident.

Continue Reading

India News

Journalist files police complaint against Rahul Gandhi over push allegation

Journalist Richa Parashar has filed a criminal complaint against Rahul Gandhi and others, alleging that she was pushed while covering the Opposition’s march to the Supreme Court. The Congress has denied the allegation.

Published

on

Journalist Richa Parashar has filed a police complaint against Congress leader Rahul Gandhi over an alleged incident during the INDIA bloc’s march to the Supreme Court in New Delhi on October 12. She has sought the registration of a First Information Report (FIR) against Gandhi and others, alleging that she was pushed while covering the protest.

Parashar submitted her complaint to the Deputy Commissioner of Police (DCP), New Delhi district, on Friday, seeking immediate action. She has said she was three months pregnant at the time of the alleged incident and accused those involved of mistreatment, threats and the use of force.

What Richa Parashar alleged in her complaint

Parashar alleged that she was reporting on the Opposition’s march when the incident occurred. According to her earlier account, she was waiting near a gate on the Supreme Court premises to seek a response from Gandhi when he allegedly grabbed her hand and pulled her forward. She further alleged that his security personnel pushed her away, causing her to fall on the Supreme Court steps.

In her complaint, Parashar said she asked Gandhi questions before he allegedly pushed her towards a gate. She claimed that the force caused her to lose her balance and fall, and that her repeated requests not to be pushed were ignored.

Parashar has sought legal action against Gandhi and others whom she alleges were involved. The complaint reportedly seeks action under provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, including Sections 74, 115(2), 131, 125 and 3(5). These provisions concern alleged assault or criminal force against a woman, voluntarily causing hurt, assault or criminal force, acts endangering human life or personal safety, and joint liability for acts committed with common intention.

The allegations and the sections cited in the complaint do not, by themselves, establish criminal liability.

Congress disputes the allegation

The Congress has challenged Parashar’s account of the incident. According to report, the party said a video released by the journalist did not show the sequence of events she described.

Congress leader Alka Lamba also questioned the circumstances surrounding the incident and accused those raising the issue of attempting to manufacture propaganda.

The allegations remain disputed. The complaint and the competing accounts should not be treated as an established finding of wrongdoing.

Incident took place during Opposition’s Supreme Court march

The alleged incident occurred on October 12, when Rahul Gandhi and other INDIA bloc leaders marched to the Supreme Court to submit a petition concerning alleged irregularities in the Election Commission’s Special Intensive Revision (SIR) of electoral rolls.

The Opposition has raised concerns about the voter-list revision process and alleged irregularities.

Parashar’s police complaint adds a legal dimension to the controversy surrounding the march. Any further action will depend on the police process and the relevant legal proceedings.

Continue Reading

Trending

© Copyright 2022 APNLIVE.com