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SC asks Swamy to establish maintainability of his plea in Sunanda Pushkar death case

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SC asks Swamy to establish maintainability of his plea in Sunanda Pushkar death case

Delhi High Court had earlier rejected BJP leader Subramanian Swamy’s plea for a SIT probe in the case and termed it a political interest litigation

The Supreme Court, on Monday (January 29), asked BJP leader Subramanian Swamy to establish the maintainability of his petition that seeks a SIT probe into the mysterious death of Sunanda Pushkar, wife of Congress MP Shashi Tharoor.

The court would entertain Swamy’s plea, which had earlier been dismissed by the Delhi High Court, only after he is able to establish its maintainability and his locus standi in the case.

On Monday, as Swamy’s special leave petition (SLP) came up for hearing before a bench of Supreme Court Justices Arun Mishra and Amitava Roy, the judges made it clear to the BJP leader that, “we need to be satisfied regarding the maintainability of the petition, considering the opinion expressed by the High Court.”

It may be recalled that on October 26 last year, the Delhi High Court had rejected a similar petition filed by Swamy while also strongly reprimanding him over it. Dismissing his public interest litigation (PIL) that sought a court-monitored SIT probe into Pushkar’s death, a Division Bench of Justices S Muralidhar and IS Mehta of the Delhi High Court had asked Swamy to “be extremely circumspect in placing such a petition in the public domain even before it is properly considered by the Court”.

The Delhi High Court had dubbed Swamy’s petition as a “textbook example of a ‘political interest litigation’ dressed up as a PIL” and taken a dig at the BJP leader in its order, stating that he “likes to be thought of as a veteran PIL petitioner”.

“The Court should be careful in not letting the judicial process be abused by political personae for their own purposes… That is not to say that no political person can file a PIL. It is only that, in such instances, particularly where the principal allegations are against political opponents, the Court should be cautious in proceeding in the matter,” the Delhi High Court had said in its order.

On Monday, it was these strong observations made by the Delhi High Court against Swamy’s PIL that seemed to weigh heavily on the mind of the Supreme Court Bench as the BJP leader’s petition was moved before it.

“I was arguing the PIL regarding the mode of auction of the IPL media rights by the BCCI when the death of Ms. Pushkar in such mysterious circumstances caught my attention. It took (the Delhi Police) one year to file a FIR in respect of the death despite the autopsy and the post-mortem report confirming that it was an unnatural death. Even the FIR claimed it as a murder”, Swamy told the apex court bench of Justices Arun Mishra and Amitava Roy.

The Bench asked the BJP leader: “What is the conclusion of the police on this? Do they say it is an unnatural death?” to which Swamy responded by saying: “That is what even I want. I want the police to file their reply.”

Expressing concern over the maintainability of Swamy’s petition, the SC Bench said: “the investigation is still going on” while it also sought to know what was the locus standi of the BJP leader in the case. Swamy responded: “I have even appeared in the Jayalalithaa case as a politician. This is a matter of public interest”.

The Bench, while refusing to issue any notices to the Delhi police against Swamy’s plea at the moment, asked the BJP leader to first argue on the issue of maintainability of his petition. The matter has been scheduled for further hearing in 3 weeks.

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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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