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HIGH COURT: BEING EMPLOYED IN PAKISTAN DOES NOT AUTOMATICALLY MAKE ONE A CITIZEN OF PAKISTAN.

The Custodian of Enemy Property for India has listed up to sixty-eight immovable properties in Kerala as ‘enemy properties,’ and thus, the High Court’s order can alleviate other similar cases as well. undefined

Thiruvananthapuram: In a recent relief to the 74-year-old man from Malappuram in Kerala, the Kerala High Court has set aside the restrictions placed on the property owned by him by the Custodian of Enemy Property for India, claiming that the man had purchased the land from his father who used to work in the neighbouring country, Pakistan.

A single bench of Justice Viju Abraham stated in the order produced on Monday that if a person went to an enemy nation in order to find a job, then it could not be assumed that he was a person from enemy nation.

There are as many as 68 immovable properties in Kerala which have been classified by the Custodian of Enemy Property for India as ‘enemy properties,’ and thus the HC order may mean relief in other similar cases as well.

P Ummer Koya, a retired police official and a native of Chettippadi in Malappuram challenging the archaic practice when the Parappanangadi village officer in Malappuram rejected his request to pay the land tax of 20. 5 cents of land for which he had recorded from his father Kunji Koya who once worked in Pakistan for few years.

The respective revenue authorities stated that the property in question was taken over under the provisions of the Enemy Property Act, 1968 and was under investigation by the Custodian of Enemy Property for India as the petitioner’s father was suspected to be an ‘enemy’ (Pakistan national) as per the definition contained in the said Act and, therefore, the property in question was also considered to be an ‘enemy property’. Hence, on the land, the restriction was imposed by the Custodian of Enemy Property for India.

The petitioner Ummer, with advocate M A Asif, argued that his father was born in Malappuram in 1902 and was domiciled in India when the Constitution was enacted in 1950. He visited Pakistan in 1953 in order to search for a job he had been a helper in a hotel in Pakistan for a short period of time.

He also said his father felt threatened by the police when he was still a national of Pakistan and approached the centre to know his citizenship status and the centre advised him that Kunji did not take the Pakistani citizenship willingly, therefore he still remains an Indian citizen. For this reason, the said property could not be rightly regarded as ‘enemy property’ as contended by Ummer’s counsel. Kunji also passed away in India and was buried in Malappuram district.

The court directed that since the father of the petitioner can not be termed as an ‘Enemy’ and his properties can not be termed as ‘Enemy Property’, the restriction imposed on the land should be quashed.

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JUDGEMENT REVIEWED BY: ABHISHEK SINGH

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BOMBAY HC ASKS POLICE TO PROVIDE PROTECTION AFTER ILLEGAL HAWKERS STOP HOMELESS SHELTER WORK IN DADAR.

On Tuesday the High Court of Bombay has passed an order to Shivaji Park police for allowing protection for the continuing construction of a shelter for homeless people in Dadar area has been closed by the anti social elements are the hawkers.

The intervention was required after the construction work which was carried by Shiv Sneh Samajik Pratisthan, a Non-Governmental organization was halted due to hawker assaulting the representatives of the charitable body along with labour hired by them.

The Pratisthan then filed a petition in the HC when the police at Shivaji Park declined to supply police protection. The NGO said that the protection was not given even after the civic officials had demanded to the police officials concerned.

About this, the unmistakable advocates for the NGO, Madhav V Thorat stated that the NGO chanced on a news report of the supreme court directing municipal corporations across the country to establish night shelters for homeless people and as a result, the NGO carried an independent survey and met BMC to provide a plan to build, fund & run a shelter for the homeless in Dadar free of charge.

Consequently, since the Apex Court order had made it compulsory for the BMC to establish shelters, the civic body considered the proposal from NGO & on January 15, 2024 issued work order to make the petitioner body functional under Keshavsut flyover near Flower Market, Dadar West.

However, Thorat said that they stopped the demolition work when the representatives of the NGO used labourers to go to the site, the act provoked illegal hawking merchants to abuse and even attack them. He stated that the police at the Shivaji Park police station rejection The NGO thereafter the civic officials urged the police officials to provide police protection for the event but the request amounted to nothing.

Before the Court, the police, however, took a stand that they were unable to provide police force because of the Lok Sabha elections & assured the court that the necessary police force would be deployed at the site on payment of fees for the police protection.

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WRITTEN BY: ABHISHEK SINGH

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CONCERNS REGARDING THE MINISTRY OF HOME AFFAIRS IN COMPLIANCE WITH BNSS, THE SOP FOR AUDIO-VIDEO RECORDING AT CRIME SCENES.

Under the new criminal procedure legislation, known as Bharatiya Nagarik Suraksha Sanhita (BNSS), the Ministry of Home Affairs has released a Standard of Procedure for the audio and video recording of crime scenes as suggested guidelines.

To meet their immediate need for a handholding document, field practitioners participated in extensive brainstorming sessions that resulted in the preparation of the SOP. In order to guarantee the admission of crime scene photos and videos in a court of law, it serves as a guideline for the functional and operational aspects of the field.

The technical elements, such as the contents, analysis, and photos obtained by forensic specialists, are only superficial and not thoroughly covered.

It has now been made clear that the SOP is a set of recommended guidelines that are shared for use by law enforcement and police units in states and central organizations. However, the states and central police organizations are free to expand upon this basic structure in accordance with their unique requirements and the need for special acts that are dependent on these procedural laws.

KEY HIGHLIGHTS OF THE SOP:

The two parts of the Standard Operating Procedure (SOP) are the Standing Operating Procedure for Videography in Investigative Compliance & Seizure of Electronic and Digital Devices Found as Part of Investigation and General Police Procedures for Videography.

  1. For the public to have faith in the police to accurately and truthfully document and preserve crime scenes, they need to be equipped with basic technology and the right training.

  1. By abiding by the general guidelines provided, state units and central police organizations will improve the environment of evidence gathering through audio-video recording.

  1. The investigating officer should follow a systematic procedure while entering the crime scene to ensure that no important evidence is overlooked.

  1. Independent witnesses, who could or might not be government representatives, will be present during the search. When conducting a search, police officers may also be mentioned as witnesses if no witnesses are present. The witnesses who are also known as Panch Witnesses are required to sign the seizure memo.

  1. Because they are admissible evidence, seizure memoranda pertaining to objects that were collected at the accused’s request should be properly drafted.

  1. For official criminal investigation purposes, only digital cameras and audio video recorders that have been approved and provided by the department may be utilized.

  1. There must be no breaks during the whole filming of the show. Additionally, it is mandatory for all members of the first responder or forensic teams to remain silent and refrain from talking during the videography process to prevent the defense from using it to undermine the integrity of the investigation. The same is anticipated of the in attendance witnesses.

  1. The officer in charge of the police station must provide the following: video recordings of crime scenes, records of searches and seizures, information relevant to cases that qualify for a formal complaint (FIR), and orders on the custody and disposal of property.

  1. Both the handler (or manager) and an expert must certify each audio-video recording made as part of procedural compliance, investigative compliance, and the seizure of pertinent digital evidence.

  1. As required by the New Criminal Laws, the states must provide for the additional needs of police stations regarding audio-video recording. These needs include a dedicated desktop for the Evidence Specialist, Data Manager, Information Assistant, and First Responders; a vehicle specifically designed to transport digital forensic experts and first responders to the crime scene; a room specifically designated for forensic teams and first responders; and storage facilities at data centers for parallel storage.

  1. Many central and state units have previously built an Android, iOS, or MS-based program that is backed by a web application. However, with the introduction of the New Criminal Laws, NCRB is now introducing a cloud-based audio/video recording application through “e-Sakshya” that will be integrated with CCTNS-2.0.

  1. The eSakshya Platform integration will be mandatory for states.

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WRITTEN BY: ABHISHEK SINGH

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SUPREME COURT GIVES ACTIVIST MAHESH RAUT INTERIM BAIL IN THE BHIMA-KOREGAON CASE.

Mahesh Raut, an activist and one of the defendants in the Bhima-Koregaon case, was recently granted interim release by the Supreme Court for two weeks so that he could attend rites when his grandmother passed away.

Raut was granted temporary bail by a vacation bench consisting of Justices Vikram Nath and SVN Bhatti from June 26 to July 10.The bench mandated Raut’s unconditional surrender on July 10. It further stated that the Special NIA court’s terms and conditions will apply to the interim bail.

“Taking into account the facts and circumstances, the length of Raut’s previous incarceration, and the nature of the request, we are inclined to give interim bail of two weeks to the applicant, which may begin on June 26 and expire on July 10. The NIA Special Court will specify the conditions of release. NIA may ask the trial court to set strict requirements. The judgement from the highest court said that the petitioner must surrender on July 10.

The 33-year-old Raut’s request for temporary release was rejected by the National Investigation Agency (NIA). Raut’s attorney informed the supreme court on the final day of the trial that he was pleading for an interim release so he could go to Gadchiroli to attend funeral rites following the passing of his grandmother.

The Bombay High Court’s September 21 ruling allowing Raut, who was detained in June 2018 and is now being held in judicial custody at the Taloja jail, bail was challenged by NIA, and the supreme court granted the stay. Prosecution claims that comments made during the gathering, which was reportedly sponsored by the CPI(M), a banned terror organisation, were provocative and inflammatory, and that this ultimately resulted in violence in Koregaon Bhima hamlet, close to Pune, in 2018.

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WRITTEN BY: ABHISHEK SINGH

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HIGH COURT’S DECISION TO RESERVE IS DEEMED “UNUSUAL” BY THE SC, WHICH ADJOURNS ARVIND KEJRIWAL’S CASE AGAINST STAY ON BAIL.

In his appeal against the Delhi High Court’s suspension of his bail, Chief Minister Arvind Kejriwal sought quick relief from the Supreme Court on Monday, but the court denied him. Although the High Court’s conduct was seen somewhat “unusual,” a vacation bench consisting of Justices SVN Bhatti and Manoj Mishra decided to postpone the case until June 26.

Orders in stay applications are often not reserved. They are immediately passed. It is quite peculiar. Judge Mishra stated, “Anyway, we will have it day after tomorrow,” as the bench opted to hold off until the High Court issued an order.

Kejriwal was given regular bail in the Liquor Policy Scam Case by the Delhi High Court, which had granted a stay of the lower court’s ruling. His attorneys contended today that the High Court disregarded the established rule that there is a distinction between “bail granted” and “bail declined” while granting the stay, calling the action “unprecedented.”

A bail grant is not the same as a bail reversal. On the first day, there is a new method for staying bail. In my advantage is the convenience balance. Senior Advocate Abhishek Manu Singhvi stated during the arguments that “if the plea is denied, he goes back to jail and ends up back where he was when he surrendered under Supreme Court order three weeks ago.”

He further claimed that the challenged decision was given without any justification, and it is after the order that arguments were heard while noting that once bail is granted. It is not so simply undone.

“We suggest that the HC order be entered into the record so that we can continue the matter the following week. The court asked, “How do we proceed without the order?” as it deferred the case and declined to comment on the merits.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal falls into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

WRITTEN BY: ABHISHEK SINGH

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