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SC grants Chidambaram interim protection from ED – till CBI custody gets over on Aug 26

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SC grants Chidambaram interim protection from ED – till CBI custody gets over on Aug 26

Congress leader and former Union Finance Minister P Chidambaram got little real relief from Supreme Court today (Friday, Aug 23) as all got was interim protection from arrest by the Enforcement Directorate in the INX Media case till Aug 26.

Till then, Chidambaram will continue to be in CBI custody as the apex court did not intervene in the CBI case.

Solicitor General Tushar Mehta said that Chidambaram cannot be arrested in the ED case till Monday as he is already in the custody of the CBI and a person cannot be arrested simultaneously by two agencies.

A bench comprising Justices R Banumathi and AS Bopanna has scheduled the next hearing for Monday, August 26. On that day, the apex court will also hear Chidambaram’s plea for anticipatory bail in the case filed by CBI as well as his petition challenging order remanding him to CBI custody.

The apex court was hearing two separate petitions filed by Chidambaram challenging the Delhi High Court August 20 verdict by which his anticipatory bail was dismissed in the cases registered by both the CBI and the ED.

In the CBI case, a special court on Thursday sent Chidambaram for custodial interrogation after he was arrested on the night of August 21.

Chidambaram, who was Union Home Minister and also Finance Minister during the UPA rule from 2004 to 2014, was arrested on Wednesday night after he failed to get protection from the Supreme Court, which did not list for an urgent hearing his appeal against the Delhi High Court verdict dismissing his anticipatory bail plea on Tuesday.

At the very outset in the hearing at SC today, Solicitor General Tushar Mehta, who appeared for the CBI and ED, submitted that the plea for anticipatory bail on the CBI matter had become infructuous since Chidambaram had already been arrested.

Senior Advocate Kapil Sibal, representing Chidambaram, argued that the fundamental rights under Article 21 have been violated. Contending that he still has the right to be heard, he said the matter for anticipatory bail was mentioned on Wednesday and just because it could not be taken up, the CBI arrested Chidambaram in the evening.

Sibal said the special leave petition challenging the order was ready and pleaded for the matters to be listed for Monday.

On the plea against ED, Sibal claimed that the Delhi High Court’s single judge had copy-pasted verbal arguments/notes of the respondents as observation in its order. This clearly showed his bias in the case, Sibal added.

Mehta argued that custodial interrogation was necessary for Chidambaram as he had been evasive and avoiding questions using his “mental faculties, grasp of legal and political knowledge”.

“Given the background and mental faculties, we will never be able to investigate properly if there is a protective umbrella of anticipatory bail. This is why we need custodial interrogation,” said Mehta. Abhishek Manu Singhvi, also appearing for Chidambaram, said, “How can the HC judge refer to Aircel Maxis case when he was hearing only the INX Media case?” Singhvi added that interim protection was already granted in the other case and it had no relation to the INX Media case.

Mehta said, “Hue and cry is being made.. Political vendetta is being raised but I will give evidence to show why we need custodial interrogation.”

“We have electronic evidence, emails exchanges to trace route of illicit, illegal transfer or money. Shell companies were created by those having close connection with P Chidambaram and the money was laundered through these companies,” Mehta said.

The apex court division bench, reported LiveMint, said that they are inclined to continue Chidambaram’s his interim protection in the ED case since he had interim protection before as well and it isn’t the case of the respondents that he didn’t join investigation.

Opposing this, Mehta said, as of now, Chidambaram is already in custody of the CBI hence cannot be arrested.

Mehta persistently argued for the case diary to be pursued by the Supreme Court bench and pass an order on Monday on the basis of that. He tried giving the case diary in a sealed envelope to the Judge. The same diary was given to the CBI judge who passed the order for custodial interrogation on Thursday evening. The bench, however, refused to accept the case diary.

The court also recorded in its order that Chidambaram had always been on bail and he had been cooperating in the investigation in the ED matter.

The CBI registered an FIR on May 15, 2017, alleging irregularities in the Foreign Investment Promotion Board (FIPB) clearance granted to the INX Media group for receiving overseas funds of Rs 305 crore in 2007 during Mr. Chidambaram’s tenure as the Finance Minister. Thereafter, the ED lodged a money laundering case in this regard in 2018.

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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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