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Sunanda Pushkar death: Delhi HC gives Delhi Police 2 weeks to file status report

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[vc_row][vc_column][vc_column_text]The court tells Delhi police that it will not monitor probe in the high-profile case but “we want to know the cause of (Sunanda’s) death and where we have reached since January 2014 (when the investigation began)

BJP MP Subramanian Swamy has filed a PIL with the Delhi High Court seeking a time-bound court-monitored multi-disciplinary probe into the death of Sunanda Pushkar, wife of Congress leader Shashi Tharoor. The bench of Justices GS Sistani and Chander Shekhar are hearing this case.

On the last date of hearing (August 1), the Delhi Police had filed copies of the status report which the counsel for Sunanda Pushkar’s son Shiv Menon, wanted to examine. The court has not taken lightly to the fact that the final report has not been filed even three and-a-half years after the death.

“We would like to know where you have reached,” the court asked the Delhi police, adding: “You have made things peculiar. We hear cases that are older… For us, this case is as good or bad as any other matter. We want to know what happened for three years.”

The court gave Delhi Police two weeks to come up with the status report, failing which, the court warned, “we will look into it”.

At the last hearing Sunanda’s son Shiv Menon had said that he was highly concerned about the steps taken. The court had said that he and the petitioner should exchange the copies of their applications. It may be recalled that Menon had objected to Swamy’s intervention and had questioned his locus standi in this case.

On Wednesday Additional Solicitor General Sanjay Jain was present from the Union of India. He said: “I want to make a submission, that so far as that petition is concern, this is not an adversarial petition. Petitioner has brought in a certain aspect. Ultimately, it has to be analysed by this court. And we have brought the investigation documents which can be shown to the bench in the chamber, all senior officers are present from Delhi Police”.

“In this matter samples have gone to scientific labs in the US three times. I don’t want to open my report in the court room. The DCP is here, please have the report in your chambers,” Jain said to the bench.

The ASG also said: “On our part there has not been any delay, and after seeing the report you may find this. If you still feel not satisfied you can take action.”

The bench said: “As you were not here Mr Sanjay Jain, we want to share with you the synopsis of previous hearings. We want to know why the status report has not been filed in the death of Sunanda Pushkar since January 2014. We have told the son (Menon) that we are not opposing the petition, but we want to know the cause of the death and what has been done so far. Where we have reached since Jan 2014, we want to know.”

Respondent Jain said: “Ultimately, the analysis of the report will say where we have reached and for that it is essential to see the report.”

The bench said: “We are not monitoring your investigation and we are not questioning your investigation. We just want to know where we have reached up till now.”

The bench then asked Swamy if he had anything to say.

Subramanian Swamy

Swamy said: “I am not seeking the exclusion of the Delhi Police from the SIT investigation. I want them to be part of the CBI enquiry or the SIT investigating team. I want their cooperation in the matter. The police journal says that the name of the poison is not important but also says that when it comes to drawing a conclusion it is poison you have to investigate. Four times they have said that this is an unnatural death and the cause of death is poison. They have gone to the FBI and all the things, in all what they have done so far is delay the proceedings.

“The All India Institute of Medical Sciences (AIIMS) clearly said that this is a case of poisoning and it is an unnatural death. I wrote last year to the government saying that this should be referred to a SIT. The government said ‘we are into the investigation and this would delay the proceedings’. Today also they are saying the same thing,” said Swamy. “They have gone around the world to know the name of the poison and now they say the name of the poison is irrelevant.”

The bench asked the government counsel: “We want to know how close we are in the investigation.”

Counsel Jain said: “Certain agencies are examining the matter and the cause of death. Some said it is poison and some said it is not. Thereafter it was sent to the US forensic lab. We have to analyse the answers which have come. This will take some time.”

The bench asked for a clarification: “By you, is it unnatural death?”

Counsel Jain’s reply was not clear. He said: “The individual is totally immaterial in this case.”

That was when the bench said: “We are saying something, listen to us. We posted it after two weeks and in the meantime please read the report and if something different comes out please tell us. Otherwise, we will look into it.”

Then the bench told Swamy: “We don’t know whether they are going to file the closure report or a charge sheet. If they file a charge sheet your problem is solved.”[/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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