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JNU sedition case: Court raps Delhi Police for filing chargesheet without Delhi Govt sanction

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JNU sedition case

[vc_row][vc_column][vc_column_text]A Delhi court today (Saturday, Jan 19) rapped the Delhi Police for filing a chargesheet in the JNU sedition case without taking an approval from the Arvind Kejriwal-led AAP Government of Delhi.

“You don’t have approval from legal department, why did you file chargesheet without approval?” the court asked.

The Delhi Police told Metropolitan Magistrate Deepak Sherawat that they will get the sanction approval within 10 days but could not explain why they did not do it before filing the chargesheet three years after they registered the case.

The court gave Delhi Police time till February 6 to get the requisite approval of the Delhi government’s legal department by that time.

The court had set January 19 for consideration of chargesheet against former Jawaharlal Nehru University Students’ Union (JNUSU) president Kanhaiya Kumar and others in the 2016 JNU sedition case.

The Delhi Police had filed a voluminous 1200 page chargesheet slapping charges under various sections of the Indian Penal Code (IPC) including 124A 323, 465, 471,143, 149, 147, 120B, against the former students on Monday, Jan 14.

The chargesheet said Kumar he was leading a procession and supported seditious slogans raised on the varsity campus on February 9, 2016, at an event to commemorate the hanging of Parliament-attack mastermind Afzal Guru.

Police also charged former JNU students Umar Khalid and Anirban Bhattacharya for allegedly shouting anti-India slogans during the event.

In its chargesheet in the sedition case filed against former JNU students, Delhi Police have relied on video footage from six mobile phones, of which at least three belong to current or former members of the ABVP’s JNU unit, and one belongs to a constable.

Police have, in their chargesheet, also cited raw footage collected by Zee News and a debate aired on the TV, channel to build their case against the accused in the sedition case, filed in connection with a February 9, 2016, event in JNU held to mark the hanging of Parliament attack convict Afzal Guru and protest against alleged subversion of the law and due process that preceded his hanging in the Tihar Jail premises on February 9, 2013.

Police have affixed a total of 12 video transcripts in the annexures of the chargesheet. According to the chargesheet, an iPhone 6 belonging to JNU student Jaspreet Singh, which had 13 videos of the incident, was handed over to police after they served a seizure memo. The Auxus mobile phone handed over by Saurabh Sharma, former JNUSU joint secretary from ABVP, has 14 videos, the chargesheet states.

Kanhaiya Kumar was the president of the JNU Students’ Union when the event was organised and the FIR filed. He, along with Khalid and Bhattacharya, was arrested in connection with the case but all three were later let out on bail.

The FIR states that “anti-national” slogans were allegedly raised at the event by Kumar and others. The police claims it has relied on “forensic evidence, testimonies of other students, videos from the event and news reports about it,” to arrive at the conclusion that sedition charges can be invoked against the accused.

The police’s decision to slap the sedition charge against Kanhaiya and others in the chargesheet triggered a fresh controversy since the apex court has already made serious comments against the wanton use of the sedition law by the police and the State ostensibly to curb dissent.

The controversy over the FIR against Kumar, Khalid and Rashid had thrust the three students to instant stardom of sorts, giving them a youth icon status and making them faces of the resistance to Prime Minister Narendra Modi and his BJP’s alleged crackdown on dissent, particularly in educational institutions. Protests had also erupted across educational campuses in the country against the persecution of Kumar and his fellow students. Ever since, Kumar and Rashid have been regulars at many public events organized to speak against the alleged tyranny of the Modi government and its efforts to muzzle criticism of any sort.

The filing of the chargesheet months before the Lok Sabha poll campaign is expected to give the Opposition as well as Kumar and his comrades a handle to attack the Modi government for trying to harass critics and opponents.

Kumar has already declared his willingness to contest the upcoming Lok Sabha polls from a constituency in Bihar as an independent candidate supported by the ‘mahagathbandhan’ of Lalu Prasad Yadav’s Rashtriya Janata Dal, Congress party and other smaller political outfits in Bihar. It is being speculated that Rashid too could mark her electoral debut from a constituency in Jammu & Kashmir, either in the upcoming Lok Sabha polls or the assembly elections in the state that is currently under President’s Rule and will go to the hustings in April-May.

Kanhaiya Kumar called chargesheet “politically motivated”. “The filing of chargesheet after three years, ahead of elections, clearly shows it to be politically motivated. I trust the judiciary of my country,” the former student leader said.

Kumar added: “all of these, starting from the Citizenship Amendment Bill to the 10 percent quota act to now this charge, are being brought at the same time to coincide with the election. Why was so much time taken to file a chargesheet for sedition? I can see a complete lack of seriousness on the part of the Narendra Modi-government regarding everything.”[/vc_column_text][/vc_column][/vc_row]

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Supreme Court judge calls police assault on CJP protesters very distressing

Supreme Court judge Justice Ujjal Bhuyan criticised alleged police assaults on CJP protesters and raised concerns over excessive force.

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Supreme Court

Supreme Court judge Justice Ujjal Bhuyan has criticised the assault of protesters by police personnel during the recent CJP demonstrations in Delhi, describing the conduct as “very, very distressing” and a matter of serious concern.

Speaking at the launch of retired IPS officer Yashovardhan Azad’s book Policing the Republic, Justice Bhuyan said the detachment expected from police officers appeared to be diminishing.

He expressed concern over young Indian Police Service officers personally participating in the assault of protesters and demonstrators.

Justice Bhuyan stresses need for responsible policing

Justice Bhuyan said effective policing does not require excessive use of force or infringement of human rights. He emphasised that the police play an important role in maintaining public confidence because citizens generally approach the police when they feel they have been wronged.

He said maintaining the credibility of the police force was therefore of “utmost importance”.

The judge’s remarks come amid continuing scrutiny of the police and paramilitary response to the CJP protests in Delhi.

Supreme Court panel to examine police action

The Supreme Court has constituted a high-level panel to investigate allegations concerning the use of force by Delhi Police during the July 20 student protests at Jantar Mantar and the subsequent Parliament march.

The panel, headed by former Supreme Court judge Justice R Subhash Reddy, will examine complaints relating to lathi charges, tear gas, pellet guns and electronic batons. It will also look into allegations of targeted harassment or molestation of female protesters and review available CCTV and video footage.

The police response during the protests has faced criticism, while Delhi Police has maintained that its personnel were also attacked during the clashes.

Judge raises concern over custodial deaths and torture

Justice Bhuyan also spoke about custodial torture and deaths, describing custodial death as one of the gravest crimes in a society governed by the rule of law.

He stressed that torture and cruel, inhuman or degrading treatment cannot be accepted, regardless of whether such conduct takes place during investigation, interrogation or other circumstances.

The judge further warned that when government functionaries themselves become lawbreakers, it can undermine respect for the law and encourage lawlessness.

He questioned whether citizens lose their fundamental rights simply because they have been arrested by police.

‘Fake encounters’ cannot be part of policing

Justice Bhuyan also addressed allegations of extra-judicial killings, commonly referred to as “fake encounters”. Referring to a 2011 Supreme Court judgment, he said such encounters undermine the rule of law.

He stressed that an “encounter philosophy” cannot become part of legitimate policing and said proven fake encounters involving serving police officers must be treated with the utmost seriousness.

The Supreme Court’s panel will now examine the allegations surrounding the police action during the July 20 protests as scrutiny of the events continues.

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8 Tamil Nadu engineering students killed in Kerala car-lorry crash

Eight engineering students from Tamil Nadu were killed after their car collided with a parked lorry on NH-66 in Kerala’s Thrissur district.

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Eight engineering students from Tamil Nadu were killed after the car they were travelling in crashed into a parked lorry on NH-66 in Kerala’s Thrissur district late Friday night, police said.

The accident took place at around 11.40 pm at Panambikkunnu in Kaipamangalam. The students were travelling from Guruvayur towards Kodungallur when their car collided with the rear of the lorry.

What happened in the Thrissur accident

According to the FIR, the lorry was parked illegally on the right side of the highway near a barricaded section where traffic had been diverted because of ongoing construction work.

Police said the car was travelling at high speed and its driver apparently failed to notice the diversion barricade before the vehicle crashed into the rear of the lorry.

The lorry was registered in Maharashtra.

Six students died at the accident spot, while two others were declared dead on arrival at a nearby hospital, police said.

Six victims identified

The victims were students of an engineering college in Dindigul and were travelling towards Kodungallur along NH-66.

Police have identified six of the eight victims. Four of them — Surya, Yuvasanjith, Vishva and Johua — were from Dindigul. The other two identified victims were Santhosh and Prasanna from Madurai.

The identities of the remaining two students are yet to be confirmed.

Residents, fire and rescue personnel and police took part in the rescue operation and pulled the students from the badly damaged car. The bodies were subsequently taken to the mortuary of Thrissur Medical College.

Case registered against lorry driver

Kaipamangalam police have registered a case against the lorry driver under Section 105 of the Bharatiya Nyaya Sanhita for culpable homicide.

Police said the driver went into hiding shortly after the accident.

The families of the victims were contacted using student identity cards recovered from the bodies. Police said some families were unaware that their children had travelled to Kerala.

Postmortem examinations will begin after the families reach Thrissur Medical College, police said.

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Air India sacks Phuket-Delhi flight pilot after failing drug test

Air India has terminated the Phuket-Delhi flight pilot after a confirmatory test found a psychoactive substance following the August 4 incident.

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Air India has terminated the employment of the pilot-in-command of a Phuket-Delhi flight after he tested positive for a psychoactive substance.

The pilot was in command of flight AI2379, which was travelling from Phuket to Delhi on August 4 when the aircraft suddenly lost altitude over Odisha. The incident left 24 passengers injured.

Air India said the termination was in line with its zero-tolerance policy regarding safety violations and regulatory requirements.

Air India terminates pilot with immediate effect

In a statement, the Tata-owned airline said the pilot-in-command had tested positive for a psychoactive substance.

The airline said that, considering its zero-tolerance approach to violations related to safety, fitness and regulatory requirements, the pilot’s employment had been terminated with immediate effect.

Air India also said it continues to cooperate fully with the investigation into the incident and has provided access to relevant operational, maintenance and technical records.

What happened on the Phuket-Delhi flight?

According to the preliminary findings of the Aircraft Accident Investigation Bureau (AAIB), the Airbus A320 was carrying 145 people when it experienced the near-simultaneous loss of all three hydraulic systems while cruising at around 36,000 feet.

The technical failure resulted in the autopilot disconnecting and triggered a brief stall warning. The aircraft subsequently lost altitude, resulting in injuries to 24 passengers.

The preliminary report also noted that the pilot tested non-negative for a psychoactive substance in a confirmatory test.

However, the report did not establish that the pilot’s drug-test result caused or contributed to the hydraulic system failure or the subsequent loss of altitude.

AAIB recommends action over psychoactive substance finding

The AAIB described the confirmation of psychoactive substance use as a serious concern and recommended that the Directorate General of Civil Aviation (DGCA) take appropriate action against the pilot on priority.

The investigation into the technical and other aspects of the incident is still underway.

The preliminary report also noted that the co-pilot was flying the aircraft when the incident occurred and attempted to bring the situation under control.

Air India said safety remains its highest priority and that its pilots undergo training, proficiency checks, medical examinations and other regulatory assessments in accordance with applicable requirements.

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