Supreme Court Allows Sale, Use Of Safer Firecrackers With Directions (Read Full Judgment)

Just In: Supreme Court allows the sale of firecrackers, but with conditions: 

Relevant Text:

"(xiv) On Diwali days or on any other festivals like Gurpurab etc., when such fireworks generally take place, it would strictly be from 8:00 p.m. till 10:00 p.m. only. On Christmas even and New Year eve, when such fireworks start around midnight, i.e. 12:00 a.m., it would be from 11:55 p.m. till 12:30 a.m. only

 

(xvi) All the official respondents, and particularly the Police, shall ensure that fireworks take place only during the designated time and at designated places, as mentioned above. They shall also ensure that there is no sale of banned firecrackers. In case any violation is found, the Station House Officer (SHO) of the concerned Police Station of the area shall be held personally liable for such violation and this would amount to committing contempt of the Court, for which such SHO(s) would be proceeded against."

 

Arjun Gopal & Ors Vs. UOI & Ors.

Fire Cracker Judgment- Supreme Court of India

[Read Full Judgment]

Major Setback to Amrapali Group: Supreme Court directs sealing of 9 properties of Amrapali Group

By- News Desk, Legal Experts India

  • Supreme Court directs sealing of 9 properties of Amrapali Group

Today on 10th of October 2018 while hearing the case of Bikram Chatterji & Ors. Vs UOI, the Supreme Court of India ordered the sealing of 9 properties of the Amrapali Group where the documents related to its 46 group companies are kept.

The properties are in Noida, Greater Noida and Rajgir and Buxar in Bihar.

A bench of Justice U U Lalit and D Y Chandrachud directed that after the sealing of these properties, its keys be handed over to the registrar of the Supreme Court.


The order comes a day after three directors — Anil Kumar Sharma, Shiv Priya and Ajay Kumar — of real estate company were taken into police custody on the orders of the top court after they failed to hand over account books to forensic auditors appointed by the top court.

 

Click to Read Order

In the case of Najeeb, the Missing JNU Student, Delhi High Court Allows CBI To File Closure Report

By- News Desk, Legal Experts India with inputs of Mr. Samar Inam Khan over the case.

On 08th October, The Delhi High Court allowed  Central Bureau of Investigation (CBI) to file a closure report in the case of JNU student Najeeb Ahmed, who went missing from the university nearly two years ago.

A bench of justice S Muralidhar and Vinod Goel "DECLINED" the plea of the missing student's mother, Fatima Nafees, to constitute a Special Investigation Team (SIT) and monitor the probe, thereby removing the CBI from the investigation.

The bench said Fatima Nafees, "can raise all contentions available to her before the trial court" and disposed of the petition.

The CBI, after more than a year of investigation, opined that no offense was committed against the missing student.

Now the Question is if no offense was committed, how CBI got to know? And the major question arises here is what is the harm if SIT would be constituted?

The Incident:

Najeeb was a newly enrolled student at JNU and had resided at the Mahi-Mandavi hostel in JNU campus for less than a week before he disappeared. His family and the JNU Students' Union (JNUSU) have consistently maintained that Najeeb's disappearance was linked to the assault on him the previous night; accordingly, they have demanded that the investigating agencies probe the link between the assault and the disappearance.

The Vasant Kunj Police registered an FIR for kidnapping and wrongful confinement based on Najeeb's mother Fatima Nafees' complaint on October 15, 2016.

The CBI, in one of their submissions to the Delhi High Court, stated that the Delhi Police had forced a false statement by an auto driver that he had driven Najeeb to Jamia Milia Islamia University on the day of his disappearance.

The Delhi Police had used this fabricated evidence to pursue a theory that Najeeb had left the campus on his own will.

The media played the pathetic role in the case rumoring Najeeb joining ISIS. Upon the first publication of such news, the Delhi Police immediately denied having found any evidence that Najeeb had joined or was even interested in the ISIS.

We don’t feel it’s a right conclusion. We differ, we feel it’s not justice, a hope never dies, we stand with Fatima Nafees, and we hope the Apex Court may finally conclude the case.

Former Famous TV anchor Suhaib Ilyasi acquitted in his wife’s murder case by Delhi High Court

 

By- News Desk, Legal Experts India

 

The bench said there was no evidence on record to sustain the conviction. The bench accepted the arguments of Ilyasi’s advocates Rajiv Mohan and Abhimanyu Kampani that the trial court had reached the conclusion of guilt of the accused based on conjectures and the conviction was not supported by material on record.

 

All you need to know:

Suhaib Ilyasi, Former Anchor, Producer & Director of India’s Most Wanted was facing life imprisonment for killing his wife Anju 18 years ago acquitted by the Delhi High Court on 05th of October 2018. Suhaib was earlier charged for “committing murder and giving it a color of suicide.”

 

India’s Most Wanted – The Show:

 

It was a crime busting fugitive hunter television show inspired from  British show Crimestoppers, its unique presentation style made  criminals being caught with the help of television, the show telecasted faces of the major criminals and mafia, the show became the reason of encounter of the entire Gang of Shri Prakash Shukla, a hitman based at Uttar Pradesh, with the help of the show many criminals were caught by the police in which local citizens informed about their locations, The Show was the biggest hit of its time, Sansani or Crime Patrol are all inspired by India’s Most Wanted whereas the big difference is Suhaib taken risk of life showing actual criminals and other shows only telecast what happened in a crime.

The show is considered to be the first and the biggest crime show on television in India. This program has shown live telecasts and helped police with 135 fugitives.

All About the Case: The Murder or Suicide:

 

Suhaib met Anju while studying at MCRC, Jamia Millia Islamia in 1989.  The marriage was opposed by the families; The Couple got married in London in 1993.

On 10 January 2000, Suhaib Ilyasi called two police constables who were guarding his house at 11:15pm, and told them that his wife had stabbed herself and asked them to call an ambulance. The policemen were there because Suhaib had claimed that he was getting death threats from the underworld due to his show. Anju was taken to a nearby nursing home and later to the AIIMS, New Delhi, where she was declared dead on arrival. Anju Ilyasi had died from excessive bleeding from wounds, which were described as self-inflicted in the initial forensic report, ruling out murder. The Central Forensic Science Laboratory report said that six fingerprint characters were found but 13 were required to match it to a person. Both the stab wounds were downwards and backwards, left to right on the accessible parts of the abdomen. The T-shirt she was wearing was not torn. Suhaib Ilyasi claimed that they were having an argument recently. He was playing with his child in another room, when Anju picked up an imported butcher’s knife and stabbed herself. Anju’s mother was in Canada at the time of death. Anju had visited her father hours before her death. On 17 January, police filed the case as a suicide.

Rashmi Singh, Sister of the deceased filed a police complaint stating therein that Anju was tortured for dowry and that she was driven to suicide. On 28 March, Suhaib Ilyasi was arrested and charged with dowry death (Section 304B of the Indian Penal Code), mental harassment (Section 498A) and destroying evidence (Section 201).

In January 2013, the Delhi High Court stopped the proceedings of medical board. The police had formed a new medical board, as the previous board was split on its opinion whether it was murder or suicide. Defence  counsel argued that the police had formed the new board without permission from the trial court, thus it was contempt of court In March 2013, the Delhi High Court stayed the proceedings. The case was tried at a session court under section 498A/304B/302 IPC. After the trial court rejected the plea twice for charges of murder to be added against Suhaib Ilyasi, Anju’s mother Rukma Singh moved the Delhi High Court in 2011. The murder charge was added in 2014.

On December 16, 2017, convicted Suhaib Ilyasi for Murder,  On 20 December 2017, Court pronounced its judgment,  Suhaib  was convicted of murdering his wife by  court, which sentenced him to life imprisonment.

On 5 October 2018, Delhi High Court acquitted him, stating that there was no evidence against him on record to sustain the conviction.

“The bench said there was no evidence on record to sustain the conviction. The bench accepted the arguments of Ilyasi’s advocates Rajiv Mohan and Abhimanyu Kampani that the trial court had reached the conclusion of guilt of the accused based on conjectures and the conviction was not supported by material on record.”

 

Suhaib also exposed Casting Couch culture of  Bollywood.

 

In This entire episode, the unfortunate part played by Media to increase TRP, the Show namely Crime Patrol telecasted the murder conspiracy theory as real after the conviction by Sessions Court, but appeal was pending, The TV Shows should take caution unless the Courts do not conclude the case.

 

 

 

 

By allowing deportation of seven Rohingyas from Assam to Myanmar the Supreme Court strikes balance between an offence and Human Rights

Supreme Court allows deportation of seven Rohingyas

On 4th October 2018 The Supreme Court of India allowed the deportation of seven Rohingyas, who have illegally migrated to Assam in India, to their country of origin Myanmar.

The apex court said the seven Rohingyas were found by the competent court as illegal immigrants and Myanmar had accepted them as its citizens.

“We are not inclined to interfere on the decision taken,” the SC said.

Further the SC strikes balance between offence and Right to Life & Liberty by not going into depth of other Rohingya immigrants who took shelter in India during violence at Myanmar.

 

The bench comprised Chief Justice Ranjan Gogoi and Justices S K Kaul and K M Joseph.

 

It is condemn-able that few people making it a Political issue, Political Parties and Human Rights activists must understand the difference between Human Rights and an offence.

Justice Ranjan Gogoi, sworn in as new Chief Justice of India : Few Words

Justice Ranjan Gogoi, sworn in as new Chief Justice of India : Few Words

The Legal Fraternity warmly welcomes Justice Ranjan Gogoi as the 46th Chief Justice of India and the First CJI from Assam region.

On 03rd October 2018, at the age of 63 Years Justice Gogoi appointed as CJI, his tenure shall  His tenure will end next year in November 2019.

Justice Gogoi is among those 4 Justice of the Supreme Court of India, who appeared before the media on 12th January 2018 and been into controversy thereafter.

In a recent lecture, Justice Gogoi had said the country needs independent journalists and “noisy judges”.

“In ensuring the rule of law, the most significant part is perhaps played by the lawyers. I am not sure whether we give due expression to our gratitude to the legal profession. Judges often shine with reflected glory. A good many of the judgments reveal not so much of the legal vision of the judge as of the counsel who argued the case and assisted the judge by forensic arguments in preparing that judgment,” Justice Gogoi quoted Justice Khanna in a recent event. ( Source : Indian Express)

Justice Gogoi expressed concern over the pendency of cases in courts, saying “it has the potential of making the system irrelevant”.

About Pendency, Justice Gogoi said, “is bringing a lot of disrepute”. So much so that “the accused in a criminal case is getting a hearing after he has served out his sentence”, and “the parties in a civil proceeding are getting their judgments in the second or third generation.”

Seems like  Justice Gogoi may hear too many  Political cases as the term of the CJI is the time when there will be too much ups and down in the political arena.

In his tenure as a senior judge of the apex court, Justice Gogoi delivered landmark judgments including Assam’s National Register of Citizens (NRC), setting up of special courts to exclusively try MPs and MLAs, Rajiv Gandhi assassination case convicts for the remission of their life sentences and appointment of anti-corruption ombudsman Lokpal among others.

To speedup cases steps taken on the first day by the CJI are:

  • PILs can now be heard by two Supreme Court benches, the second bench will be presided by Justice Lokur.
  • Earlier, only CJI-headed bench heard PILs filed in the Supreme Court
  • No mention of cases unless very urgent in nature.

 

We at Legal Experts India  congratulate him for his success.