Weekly Legal Updates (25 June to 1 July 2023)

Weekly Legal Updates main objective is to update the legal knowledge of law students, lawyers, academicians and other professionals. If we do not update our legal knowledge regularly, our knowledge become redundant.

Delhi court orders investigation against ED Assistant Director, officers for unjustified imprisonment of accused

The accused, Om Prakash, was held in judicial custody without any application for extension or release being filed by the investigating agency.

Additional Sessions Judge Devender Kumar Jangala criticised the agency for its careless approach, which he deemed a violation of the accused’s fundamental right to personal liberty as guaranteed by the Indian Constitution and contrary to the provisions of the Code of Criminal Procedure (Cr.PC).

Ordering the immediate release of Om Prakash from jail, the court highlighted the precarious situation that arose due to the agency’s inconsistent actions.

Initially, the agency obtained non-bailable warrants (NBWs) against the accused and arrested him, but later, the investigating officer stated that the agency no longer wanted his custody after the 17-day period.

The court emphasised that it was the responsibility of the arresting officer to either request an extension of custody or file an application for the accused’s release but the agency failed to fulfill this legal requirement.

It stressed that the arresting authority could not simply state that it no longer wished to extend the accused’s custody after 17 days, as there was no change in circumstances. If there had been valid grounds for arresting the accused, those grounds should still be applicable, as nothing significant had occurred during the intervening period, it added.

The court asserted the importance of personal liberty, considering it an essential aspect of a civilised society, and called on all government authorities to respect the constitutional guarantee of personal liberty.

Additionally, it emphasised that the power of arrest should not be exercised arbitrarily and that a person should only be arrested when justified circumstances exist. It stated that no individual should be detained in custody without reasonable grounds.

The court also directed that a copy of the order be sent to the Secretary of the Union Ministry of Finance’s Department of Revenue for information purposes.

(Courtesy:- Bhaskar Live, 30 June 2023)

Lawyer’s dignity, honour breached at police station in Nagpur: SHRC orders four cops to pay Rs 2.5 lakh

The Maharashtra State Human Rights Commission (MSHRC) has recommended periodic sensitization workshops for police personnel owning to the alarming rise in violent encounters especially involving members of the legal fraternity.

Member MA Sayeed recommended the guilty officers to pay Rs. 2.5 lakh to Nagpur based Advocate Anikta Shah Makheja and her husband Nilesh for an incident of assault at Lakadganj police station in 2020 when she tried to complain against her neighbor for pelting stones on a dog.

The MSHRC cited the full bench judgement of the Madras High Court to state that its recommendations under section 18 of the Protection of Human Rights Act, 1993 is binding on the Government or Authority and must be complied.

Advocate Rizwan Siddiqueee appeared for the complainants. He argued that on the night of March 25, 202 instead of registering the petitioner’s complaint, police officials illegally detained her subjected her to physical and mental torture and harassment and subsequently also physically abused the couple.

In a report submitted on 24th October 2020, the Commissioner of Police Nagpur admitted the occurrence of the incident and also informed about the disciplinary action was taken against the police officials.

A video recording of the incident was submitted and played during the proceedings.

(Courtesy:- The Times of India, 30 June 2023)

Sessions court extends Senthil Balaji’s judicial custody till July 12

The Enforcement Directorate (ED), who arrested Balaji on June 14, produced him before the Chennai principal sessions judge, S Alli, via video conference on Wednesday since the minister is still in a private hospital after undergoing heart surgery.

The minister has been hospitalised since his arrest under the Prevention of Money Laundering Act (PMLA) in a case which dates back to 2014 when he was transport minister under the previous All India Anna Dravida Munnetra Kazhagam (AIADMK) regime. He joined the Dravida Munnetra Kazhagam (DMK) in 2018.

“He (minister) told the judge that he is still in pain. His judicial custody has been extended by another two weeks,” said one of his lawyers, who did not wish to be named.

(Courtesy:- Hindustan Times, 29 June 2023)

*Disclaimer: – Always check with the original copy of judgment from the Court website.

Legal News in this Weekly Legal Update are compiled by Team www.deepakmiglani.com

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