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Muzaffarpur shelter home case: SC summons Nageswara Rao for contempt, shifts trial to Delhi

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[vc_row][vc_column][vc_column_text]Former interim CBI director M Nageswara Rao incurred the wrath of the Supreme Court for transferring CBI joint director AK Sharma, the lead investigating officer probing the Muzaffarpur shelter home rape and murder case, in violation of the court order.

Saying that M Nageswara Rao has committed contempt of court, the Supreme Court bench headed by Chief Justice of India Ranjan Gogoi today (Thursday, Feb 7) directed him to appear before the court on February 12 to explain Sharma’s transfer. The court said it will initiate contempt proceedings against all CBI officials who were involved in transferring Sharma.

“We are going to take it very very seriously. You played with our order. God help you,” SC said when CBI counsel informed the court that two officials, including Nageswara Rao, were involved in transferring the officer.

AK Sharma was shifted out as part of the overnight mass transfer by Rao who had taken over as interim CBI chief when the Centre and Central Vigilance Commission (CVC) divested Alok Verma of his responsibilities as the agency director on October 23. The very next day, Rao had issued transfer orders for a slew of officers known for their proximity to Verma and those who were, at the point, part of a Special Investigation Team (SIT) that was probing the CBI’s then special director Rakesh Asthana in graft cases.

Verma had rescinded these transfer orders during the two days that he returned as CBI director (on January 8 and 9) following his condition reinstatement by the Supreme Court. On January 10, when Verma was summarily sacked as CBI director by the selection panel mandated to appoint the agency’s chief, Rao returned as interim chief and re-issued the transfer orders.

The transfers were controversial to begin with as they appeared to be a move aimed at scuttling the probe against Asthana. Some of these transfers are already under challenge in the Supreme Court.

Today, SC directed Bashu Ram, who is in charge of Director Prosecution in CBI, also to appear before it. It directed CBI director to give a list of other officers who processed the file to transfer AK Sharma and directed all of them to appear before it on Tuesday.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text css=”.vc_custom_1549600825023{border-top-width: 10px !important;border-right-width: 10px !important;border-bottom-width: 10px !important;border-left-width: 10px !important;padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #d1d1d1 !important;border-radius: 10px !important;}”]Earlier today, the court came down heavily on the Bihar government and ordered the case to be shunted out of Bihar to Delhi for “a free and fair trial”.

“Enough is enough. Children cannot be treated like this. You cannot let your officers to treat children this way. Spare the children,” the SC bench told the Bihar government.

The top court further ordered the trial to be shifted from Bihar to Saket district court in the capital, saying the trial should start within two weeks and be completed within six months.

“The transfer of trial in Muzaffarpur shelter home out of Bihar is needed to ensure free and fair trial in the case,” the court said.

Gogoi said:  “Enough is enough. We will ask Bihar Chief Secretary to appear before us. Get someone here who is conversed to what is happening in the state. You can’t let your officers to treat unfortunate children like this. Spare the children.”

The case pertains to alleged mental, physical and sexual exploitation of minor girls residing at a shelter home in Muzaffarpur. The Bihar government had referred the matter to the CBI after pressure from the Opposition.  In December last year, the CBI filed a chargesheet against all the accused under the POCSO Act.

The matter had come to light in 2018 when the Bihar Social Welfare Department filed an FIR based on a social audit of the shelter home conducted by Mumbai-based Tata Institute of Social Sciences. The audit report stated that many girls at the shelter home had complained of sexual abuse.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Earlier today, while hearing a petition on the sexual exploitation of inmates of a shelter home in Muzaffarpur, Bihar, the Supreme Court was informed that the CBI officer leading the probe had been transferred, despite the Supreme Court-enforced embargo on transfer of any CBI sleuth who was part of the team investigating the shelter home case.

This enraged Chief Justice Ranjan Gogoi, who pulled up the counsel for the CBI for apparent contempt of court orders and asked him who had authorized Sharma’s transfer. When informed that the transfer was approved by the Appointments Committee of the Cabinet (ACC), the court sought to know whether information on the embargo on Sharma’s transfer was placed before the committee. The bench had given time to the CBI counsel till 2 pm to find out if the ACC had been informed of the embargo and if it was, why was Sharma still moved out.

At 2 pm, when the bench reconvened to hear the shelter home case, the Chief Justice noted that it appears that the ACC, which includes Prime Minister Narendra Modi and Union home minister Rajnath Singh, was not informed of the embargo by Rao, the authority who recommended the transfer in his capacity as interim CBI director.

The bench has asked Rao and other CBI officers to be present in court on February 12 and directed the agency to identify officers who were involved in the transfer of Sharma.[/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 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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