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Child rape: SC orders setting up special POCSO courts in districts with over 100 cases

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Man forces minor to do oral sex for Rs 20

Taking note of alarming rise in child rape cases in the country, the Supreme Court today (Thursday, July 25) ordered the Centre to set up special courts in each district across the country that had over 100 cases of child abuse and sexual assault pending trial under the Protection of Children from Sexual Offences (POCSO) Act.

A 3-judge bench headed by Chief Justice of India (CJI) Ranjan Gogoi and also comprising Justice Deepak Gupta and Justice Aniruddha Bose directed that the courts be set up within 60 days. To be established under a Central scheme and fully funded by the Centre, the Centre would fund everything from the payment of the presiding officers, staff and support persons to the court’s child-friendly infrastructure.

The court asked Solicitor General Tushar Mehta to file a progress report in four weeks and the court would take up the matter again on September 26.

The Supreme Court’s order came a day after Rajya Sabha approved amendments to the POCSO Act to include death penalty for sexual assault on minors. The amendments also provide for fines and imprisonment for those indulging in child pornography. The Bill was introduced in Parliament by Women and Child Development Minister Smriti Irani on Tuesday, and will now be sent to the Lok Sabha for approval. It was approved by the Union Cabinet earlier this month.

The Supreme Court had a week ago taken suo motu cognisance of the matter in view of the “alarming rise” in the number of rape incidents against children in the country and decided take remedial measures to thwart the crime. 

The SC bench appointed senior advocate V Giri as amicus curiae (friend of the court) to assist it in framing guidelines on the kind of directions that can be issued to states on infrastructure and video-recording of the proceedings. It made clear that no third party except Giri and Solicitor General Tushar Mehta would be allowed to intervene in the matter saying that otherwise nothing can happen in such a matter.  The bench directed the Registry to register the case as a writ petition titled as “In-re Alarming Rise in The Number of Reported Child Rape Incidents” and present the suggestions by Monday for issuance of directions.

The apex court order came on a suo motu public interest litigation petition registered by the Supreme Court, concerned at the “alarming rise” in child abuse cases and their long pendency in courts.

Noting that children were the victims in such cases, the CJI said there was no excuse for long delay in justice for them. The traumatised victims needed to be treated with compassion and kindness. In short, a completely different approach was required while investigating and trying POCSO cases.

When told that there were two exclusive POCSO courts at the Saket court complex in the National Capital, the CJI said the Supreme Court was not talking with reference to Saket but about “those courts in certain States where privacy means drawing a curtain between the victim in a POCSO court and the accused.”

He said that one judge had to oversee over 400 cases under the POCSO Act and that the Act itself was not implemented well enough.

“We are concerned about States where there is hardly any infrastructure; where the Magistrate has hardly any room; where he or she sits in a small four-by-four enclosure. These presiding officers lack basic infrastructure yet are snowed under by cases under new laws… New law means new responsibility and additional burden for them…These are the real issues which affect the judiciary and not the Supreme Court Collegium,” CJI Gogoi said.

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The top court noted that collection of further nationwide data on child rape cases would delay implementation of POCSO law. When one of the court officers sought more time to collect more data on POCSO cases, the CJI cut him short, saying “What more data is required here? Data to show that the country has more cases than judges?”

The Chief Justice then turned to the Solicitor General and told him, “Mr. Mehta, ask your government to make the money available [for the establishment of special POCSO courts].”

The bench said the Centre would have to appoint trained, sensitised prosecutors and support persons to deal with POCSO cases. It also directed the chief secretaries of states and Union Territories to ensure timely submission of forensic reports in such cases.

The court, though it deferred any orders for the establishment of exclusive forensic laboratories for POCSO cases, ordered the directors of the existing ones to deal with POCSO case evidence promptly to cause no delay in the probe or trial of such cases.

The court had registered the PIL plea under the title ‘In-re Alarming Rise in The Number of Reported Child Rape Incidents.”

The PIL plea was instituted on the basis of the court’s own report that showed that from January 1 to June 30 this year 24,212 First Information Reports were filed across India.

Of these, 11,981 were still being probed by the police and in 12,231 cases, the police had filed the charge sheets. Trial had commenced in 6,449 cases only, it said, adding that they were yet to commence in 4,871. Till now, the trial courts had decided only 911 cases, that is, about 4% of the total cases registered.

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Enforcement Directorate says Arvind Kejriwal is deliberately eating mangoes, sweets, taking sugar with tea to increase his blood sugar level and create ground for bail

The Enforcement Directorate (ED) made the claim before special judge for ED and CBI cases, Kaveri Baweja, who gave directions to the Tihar jail authorities to file a report in the matter which should also include Kejriwal’s diet chart.

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The Enforcement Directorate told the court on Thursday that Delhi Chief Minister Arvind Kejriwal, arrested in liquor policy case, is taking high sugar intake like mangoes and sweets every day deliberately in spite of suffering from type 2 diabetes so that he can create grounds for medical bail. The Enforcement Directorate (ED) made the claim before special judge for ED and CBI cases, Kaveri Baweja, who gave directions to the Tihar jail authorities to file a report in the matter which should also include Kejriwal’s diet chart.

Kejriwal had moved court and also sought permission to consult his regular doctor via video conference because his sugar levels were fluctuating. The judge directed the authorities concerned to file the report by tomorrow, when the court will take up the matter again.

 Advocate Vivek Jain, counsel for Delhi CM Arvind Kejriwal responded to the ED’s argument and said this is an issue made by Enforcement Directorate so that home-cooked food should also be stopped. He said this would have a major impact on his health. Advocate Jain added that whatever Kejriwal is eating is as per his doctors prescribed dietary chart. He said the matter is sub judice and they do not have anything to say.

Advocate Vivek Jain objected to the Enforcement Directorate’s submission and said that the agency is making these allegations only for the media. He said that some toffee and other things are given to diabetic patients so that they can maintain their sugar levels. Jain added that Kejriwal is withdrawing his application and will file a better one later.

AAP minister Atishi Marlena said that Arvind Kejriwal had fallen ill and lost about 4.5 kg since his arrest on March 21. She addressed a press conference where the AAP leader said, Arvind Kejriwal is a severe diabetes patient but he never lets his health issue come as the way of his in the service to the nation.

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Enforcement Directorate seizes Shilpa Shetty’s husband Raj Kundra’s properties worth Rs 97 crore

The Enforcement Directorate said in a statement that the Mumbai zonal office of ED has provisionally attached immovable and movable properties of Kundra under the provisions of Prevention of Money Laundering Act (PMLA), 2002.

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The Enforcement Directorate on Thursday seized businessman Raj Kundra’s properties worth Rs 97.79 crore. The siezed properties include a residential flat in Mumbai’s Juhu, which is named after his wife and Bollywood actor Shilpa Shetty.  The Enforcement Directorate said the seized properties include another property which is a residential bungalow in Pune and Equity shares in the name of Raj Kundra.

The Enforcement Directorate said in a statement that the Mumbai zonal office of ED has provisionally attached immovable and movable properties of Kundra under the provisions of Prevention of Money Laundering Act (PMLA), 2002. The Enforcement Directorate began the investigation on the basis of a number of FIRs which were registered by Delhi Police and Maharashtra Police. It is being said that Kundra collected large sums of money in the form of bitcoins which were worth Rs 6,600 crore in 2017 from the public with the false promises of 10 % monthly return in the form of bitcoins.

The ED said that it was planned that the collected bitcoins will be used for bitcoin mining and investors will get to get a large return in Crypto assets. But the promoters cheated the investors as they concealed the ill-gotten bitcoins in obscure online wallets. The Enforcement Directorate revealed in its investigation that Raj Kundra received 285 bitcoins from the mastermind and promoter of Gain Bitcoin Ponzi Scam Amit Bhardwaj for setting up bitcoin mining farm in Ukraine.

The Enforcement Directorate in its statement said that the bitcoins were sourced out of proceeds of crime collected by Amit Bhardwaj from gullible investors. Since the deal did not go through, so Kundra is still in possession and enjoyment of 285 bitcoins which are valued at more than Rs 150 crore. Earlier a number of search operations were conducted in connection with this case, leading to the arrest of three people — Simpy Bhardwaj on December 17, 2023, Nitin Gaur on December 29, 2023, and Nikhil Mahajan on January 16, 2023.

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Religious outfit vandalises The Blessed Mother Teresa High School in Telangana after teachers object to students wearing Hanuman Deeksha dress

The Religious group broke glass windows and flower pots and pelted stones on the statue of St. Mother Teresa at the school’s entrance. The religious outfit also attacked Father Jaimon Joseph, the school manager.

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A religious group shouting Jai Shri Ram has vandalised a Catholic school and assaulted a priest in Telangana’s Mancherial district on Tuesday. The saffron mob staged protest and vandalised The Blessed Mother Teresa High School in Kannepally village. They broke glass windows and flower pots and pelted stones on the statue of St. Mother Teresa at the school’s entrance. The religious outfit also attacked Father Jaimon Joseph, the school manager.

The priest who is a member of the Missionary Congregation of the Blessed Sacrament (MCBS) said some of members of the mob even slapped and threw punches at him while others attacked him from behind. The religious outfit accused the school management of not allowing Hindu students to wear their religious costumes. The school authorities said the allegation made by the mob is misleading and has no truth in it.

Earlier, the students who wore religious costumes had informed the school principal that it was part of a 21-day special religious practice. The principal said he had only asked the students to bring their parents to school after noticing that they are not wearing the school uniform.

Later, members of the religious outfit started protesting outside the school. They demanded action should be taken against the management for stopping the students from entering the school and appearing for their annual examinations as they were wearing the Hanuman deeksha dress.

The priest said soon after the video started circulating on social media and became viral with hate messages against Christians. After this incident many Hindus reached the school and vandalized it. A complaint has been lodged at the local police station by the school management, but no arrests have been made so far. Instead of taking action against the miscreants, the police have filed a case against the school management for hurting religious sentiments of the local people.

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