New Delhi, Aug 18: The Delhi High Court has ordered that an FIR be registered forthwith against BJP leader Shahnawaz Hussain on a woman’s complaint in 2018 alleging rape, news agency PTI reported.
While noting that there was a complete reluctance on the part of the police to even register an FIR, Justice Asha Menon said there was no perversity in the 2018 trial order directing the registration of the FIR and vacated the interim orders of the court staying its operation.
“There is no merit in the present petition. The petition is dismissed. The interim orders stand vacated. The FIR be registered forthwith. The investigations be completed and a detailed report under Section 173 Cr.P.C. be submitted before the learned MM (metropolitan magistrate) within three months,” said the court in its order on Wednesday, as per the report.
A Delhi-based woman had moved the lower court seeking registration of an FIR against Hussain on her allegation of rape.
In its order, the high court said that while reference is made in the police status report to the recording of the statement of the prosecutrix on four occasions, there was no explanation as to why the FIR was not lodged.
“The FIR only puts the machinery into operation. It is a foundation for the investigation of the offence complained of. It is only after investigations that the police can come to the conclusion whether or not an offence had been committed and if so by whom. In the present case, there seems to be a complete reluctance on the part of the police to even register an FIR,” said the court.
A magisterial court had on 7 July 2018, ordered the registration of an FIR against Hussain, saying a cognizable offence was made out in the complaint of the woman, reads the report.
This was challenged by the BJP leader before a sessions court which dismissed his plea.
On 13 July 2018, the high court had passed an interim order staying the trial court order which directed the Delhi Police to register the FIR.
It had then issued notice on the politician’s plea and sought the response of the woman and the police.
Hussain challenged the trial court order on grounds that in spite of the police stand that its inquiry revealed that the allegations raised by the complainant were not found to be substantiated, the lower court directed the registration of an FIR.
The prosecution said that in the light of the directions issued by the Supreme Court in the Lalita Kumari case, the FIR had to be registered and there was no infirmity in the order favouring its registration. (PTI)
IAS Shah Faesal withdraws petition challenging Article 370 abrogation from Supreme Court
New Delhi, Sept 20: IAS officer Shah Faesal has withdrawn his petition from the Supreme Court challenging the Presidential order to scrap Article 370, that granted special status to Jammu and Kashmir, Bar & Bench reported.
Faesal was among 23 petitioners who had challenged the Centre’s decision to abrogate provisions of Article 370.
Shah Faesal’s decision to withdraw the petition comes months after he was taken back into the Indian Administrative Service in April this year and appointed Deputy Secretary in the Ministry of Culture.
Faesal resigned from service in protest in 2019 to float his own political party in Jammu and Kashmir. However, his resignation had never been accepted by the government and he withdrew it later. Agencies
TRAI orders telecos to provide 30 days’ validity plans to subscribers
Srinagar, Sept 13: India’s telecom regulator, TRAI, has mandated that all Telecom Service Providers (TSP) must provide at least one plan voucher, special tariff voucher, and combination voucher which can be renewed after the completion of a month’s duration, 30 days.
In a new release dated September 12, the Telecom Regulatory Authority of India added that if the date of such renewal is not available in a month, the date of renewal shall be the last date of that month.
“Every Telecom Service Provider shall offer at least one Plan Voucher, one Special Tariff Voucher and one Combo Voucher having a validity of thirty days,” it said in a release.
“Every Telecom Service Provider shall offer at least one Plan Voucher, one Special Tariff Voucher and one Combo Voucher which shall be renewable on the same date of every month and if the date of such renewal is not available in a month, the date of renewal shall be the last date of that month,” it added.
If stray dogs attack people, those who feed them could be held liable: SC
New Delhi, Sept 10: The Supreme Court on Friday suggested people who routinely feed stray dogs could be made responsible for their vaccination and also liable to bear the costs if those animals attack people while emphasising on the need to find a solution to the stray dogs’ menace, IANS reported.
As a bench of Justices Sanjiv Khanna and J.K. Maheshwari was hearing petitions in connection with the stray dogs’ menace in Kerala, Justice Khanna orally observed that he is a dog lover and there are many dog lovers and suggested that people who feed stray dogs could possibly keep a number or marking on the dog they feed.
“They will be responsible for vaccinating them and bearing the cost if a person is attacked,” he said.
The bench emphasised that it is essential to find the solution of stray dogs’ menace and need to create a balance between people who feed stray dogs and also protect innocent people from being attacked by stray dogs.
It observed that it is important to accept there is a problem – dogs may become ferocious due to lack of food or they may get an infection. It further added that rabies-infected dogs could be put in a care centre by authorities concerned.
Advocate V.K. Biju submitted that since August 8 persons have died and schoolchildren and women are being attacked by ferocious dogs in public places. Biju had recently raised the issue of stray dogs’ attacks before the top court and highlighted the recent death of a 12-year-old victim in Kerala.
Counsel, representing the Kerala government, cited the Kerala High Court judgment passed in 2015, to cull the stray dog population as per local body laws.
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The court also asked the Sri Jagan Commission, formed by the Supreme Court in 2016 to inquire into complaints about dog attacks and the distribution of compensation to victims in Kerala, to submit a report.
After hearing arguments, the top court scheduled the matter for further hearing on September 28 and permitted animal rights groups to intervene. IANS
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