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Sextortion is a social menace represents profound violation of privacy :Delhi High court

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  1. Case title: SOUKIN VS THE NCT STATE NEW DELHI
    Case no.: CRL.MA. 9451/2024 and 9452/2024
    Dated on: 24th April 2024
    Quorum: Justice Hon’ble Mr. Justice Amit Mahajan
    FACTS OF THE CASEThe present applications are filed under section 438 of the criminal procedure code ,1973 seeking grant of pre-arrest bail for the offences punishable under sections 419,420,388,170, of Indian penal code 1860.
    The complainant namely, Dewan Singh Malik who alleged that on 10.10.2022, he received a WhatsApp video call from an unknow lady, and insisted for private video call and later recorded the video call. Thereafter complainant received several calls from different phone numbers who introduced themselves as police officers/ Youtube Employees and extorted a total amount of Rs. 16 Lakhs on the pretext of removing the video from all social media platforms and threatening him of false accusation in the murder case of the lady in the video and on the pretext of settling the matter case with her family.
    During investigation, on analysis of CDRs of the alleged numbers it was found further, three accused persons were arrested on 22.12.2022. During the interrogation, the said accused persons disclosed the names present applicants they stated that they used to commit such offences along with present applicants. They further disclosed that SIM cards which were used by them for calling victims and for opening of the bank account used for receiving money.
    The investigation in the present case further reveals that the alleged mobile numbers are on fake IDs and were used in one common IMEI numbers, it was found one of the accused name called soukin.
    CONTENTIONS OF THE APPELLANT
    The appellants, through their counsel, submits that the applicants have been falsely implicated based on the disclosure statements of the co-accused persons and there is nothing incriminating against the applicants. Further submits that the applicants have already joined the investigation and provided necessary information available with him. He submits that the applicants have no connection with the complainant an they are not a beneficiary of the alleged cheated amount.
    He submits that there is no evidence to establish any nexus whatsoever between the applicants and the offences as alleged in the FIR.
    CONTENTIONS OF THE RESPONDENTS
    The learned Additional Public Prosecutor for the state opposed to grant of any relief to the applicants.
    He submits that the allegation against the applicants are serious in nature. He submits that the learned Additional Sessions Judge has rightly rejected the bail application of the applicants. He submits that the applicants have joined investigation in terms of the direction of this court but they have not cooperated in the same. He states that the all accused persons have been active member of the organised crime syndicate being run for carrying out an organised crime of sextortion.
    LEGAL PROVISIONS
    Section 438 of criminal procedure code 1973:- clearly says that when any person has reason to believe that he may be arrested on an accusation of having committed a non bailable offence, he may apply to the high court or court of session under this section, and that in the event of such arrest, he shall be released on bail.
    Section 419 : punishment imprisonment for 3 years or fine or both
    Section 388: Extortion by threat of accusation of an offence punishable with death or imprisonment for life.
    Section 420: punishment imprisonment for 7 years or fine or both
    COURT’S ANALYSIS AND JUDGEMENT
    The material presented by the prosecution establish prima facie involvement of the applicants. The evidence including digital records and communication, link the applicant to the alleged offence. Considering the status report flied by the state, it cannot be held, at this stage, that the investigation is being carried out with the intention to injure or humiliate the applicant. The nature and the gravity of allegations are serious specific allegations have also been made that the applicants have been indulging into similar offence on earlier occasions.
    Sextortion represents a profound violation of privacy and is a significant social menace.it involves the exploitation of obtained intimate images and videos to extort money or favours from victims, often leading to severe psychological trauma. Dismantling such a complex modus operandi, which is alleged to have been used by the applicants and the other accused persons, by its very nature requires thorough investigation and custodial interrogation which ought not to be curtailed by passing and order under section 438of the CrPC. It is clarified that any observations made in the present order are for the purpose of deciding the present bail application and should not influences the outcome of the trail and also not be taken as expression of opinion on the merit of the case.
    Hence, the present application is accordingly dismissed.

    “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 fall 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.”
    Judgement Reviewed by – HARIRAGHAVA JP

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Impact of Technology on Access to Justice in India: Opportunities and Challenges.

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Impact of Technology on Access to Justice in India: Opportunities and Challenges.
Abstract:
Technology and Law have pretty much developed in the present times. Back in the days it was very impractical to even think of having the hearings of the Court without seeing the concerned parties and counsels in person. As time passed, the Indian judiciary has joined hands with the technology to enhance the process of conducting Trials and delivering judgements. Though, the practicality of the same if questioned but the COVID pandemic, made all of us sit and realise the Technological innovations in legal system can indeed definitely be practically applied.
Key words:
e-courts, e-filing, technology, virtual court hearings, e-courts portal, e-payment, electronic display system (EDS), document management system (DMS), block-chain method.
Introduction:
In today’s fast-paced world technology and innovation have played a vital role in our lives, the Legal world is no exception to that. Legal technology or also called as legal tech/law tech, is been playing a significant role in the Indian legal system. The Indian judiciary also has been a guest to this present wave of technological advancements. Since, a very long time the Indian judiciary has been grappling with a significant backlog and pendency to litigation. According to the, National Judicial Data Grid (NJDG) gives us a picture of the backlog of cases haunting India. There are about 4.38 crore cases lay pending before the Taluka courts and District while 60.9 lakh cases (60,90,891 cases) are pending before the High Courts. Thus, the backlog of cases have crossed the 5 crore mark with 5,00,39,981 cases pending before the various Courts/Tribunals across the Country as of June1st of 2023. The said issue being addressed through e-courts and Digital India. The Indian Judiciary is amalgamating technology into the traditional courts to reduce pendency and fasten the justice delivery.
Use of Technology in Justice Delivery Mechanism-
In India the relationship between law and technology has been growing rapidly and has gained quite the importance as innovative technologies have been changing the country’s justice delivery mechanism. The legal fraternity is also duly benefitted by the innovative technological entry into the Legal fora as the advent of technology enables us to access the case laws, legislation and legal commentary through these online platforms. The lawyers, through this method, have been able to communicate with their clients, stakeholders, co-counsel and thereby decreasing the in-person meetings. Technology, basically allows legal practitioners and also the judicial stakeholders to operate more effectively by making sure that the time-consuming activities like the document management, scheduling and legal research are addressed through technology.
Technology through various steps, enunciated below, has played key role in reducing the administrative costs, increasing the productivity, and further to develop the ability to manage the caseloads:
e-Courts Project
The e-courts machine Mode Project is a pan- India project, monitored and funded by the department of justice, Ministry of Law and Justice, Government of India for the District courts across the country. It has a vision to transform the Indian Judiciary by ICT (Information and communications technology) enablement of Courts.
The Development of e Courts:
e-courts have now become a new tool in order to access justice to the Indian Legal system. Back in the days we could not even comprehend court hearings without hearing the counsels and the parties concerned. Though the pandemic brought the world to a stand still but these technological innovations ensured that the court proceedings were carried out without hampering the judicial process be it hearing the parties thereby ensuring the essentials principles of natural justice. Indian e-courts ensure to provide efficient and transparent services to litigants. Given below are some of the initiatives:
1) Virtual court systems- In the said system, court proceedings are conducted virtually by means of video conferencing. This ensures easy access to justice and reduces the pendency of cases.
2) e-Courts portal- The e-Courts portal encompasses the interest of all the litigants, advocates, government agencies, police and citizens. In fact, this system is so helpful that being anywhere, anybody can access the portal and get the details of the cases as first-hand information.
3) e-filing- The facility of filing court cases electronically ensures benefits such as saving time and money, automatic digitization thereby reducing the paper consumption which is a necessary step, to be taken as an environmental cause. The step towards e filing reduces the physical hardship of being physically present before the Courts.
4) e-payment of court fees and fines- The ability to make online payments of court fees and fines reduces the need for carrying physical cash, stamps and cheques etc. thereby, integrating with the state’s specified vendors for convenience.
5) Court Management System (CMA): This is a web-based system that manages whole court process from case delivery to judgement that ensures easy flow of information across various stakeholders and departments.
6) Document Management System (DMS): In this system, the documents can be digitally saved from any location and anytime, thereby saving the physical spaces.
7) Electronic Display System (EDS): This system displays court procedures, such as case status, case lists and cause lists, on electronic screens around the court complex. This annihilates needless physical travel.
8) The Court Recording and Transcription System (CRTS): In this system, they use the records and transcribes as evidence, thereby reducing handwritten notetaking.
9) Use of AI and Machine Learning: Artificial learning and machine learning help in analyzing vast amounts of data, identifying patterns and predicting the outcomes which enhances efficiency of judicial delivery system for instance the SUVAS and SUPACE tools implemented by Supreme Court and High Courts.
10) Blockchain for Secure Record-Keeping: This technology basically helps in ensuring security and transparency of court records. The use of block chain method prevents the records from being tampered and ensures the court records are secured.

Challenges with Application of Emerging Technologies in the Judicial System:
1) Data security: As the data involved being quite the sensitive kind, it’s very important to keep the data secured.
2) Bias and discrimination: With emerging AI, there is quite the bias and discrimination within the algorithms which poses high risk in inequalities in judicial system.
3) Privacy concerns: With use of technology, there are high risks with privacy rights, which can result in violation of the private right of an individual.
4) Cost: The high costs involved in implementation of the technological reforms needs to be taken care of as the judicial systems may not have sufficient resources.
5) Lack of understanding: Many legal professionals may not have enough understanding towards the emerging technology which may result in inequalities in justice system.
Way Forward:
Data Privacy and Security: Technology heavily rely on data collection; hence it is important to consider that data collected and used endures security and privacy.
Accessibility: The judicial system must ensure that there are no barriers to the accessibility of data.
Transparency and Accountability: The judicial system should ensure that there is transparency and accountability with the emerging technology to ensure just and fair usage.
Training and Education: The judiciary to ensure that the lawyers, stakeholders and the judges are properly trained to keep in pace with the emerging technology.
Conclusion:
In conclusion, this article basically talks about the way the Indian judicial system has developed in the present times with the advent of Technology. The way judiciary enhanced the court proceedings through the means of technology. Like, the e-filing, e-portal, e-payment etc. By this the court also ensured that there is accessibility and transparency to the court proceedings to its citizens. There are positive aspects to this but it also has certain negative aspects such as the technology can also increase the divide particularly for marginalized communities. This erodes the idea of equal justice and worsens the unequal allocation of legal services. The digital divide also negatively impacts attorneys, who are often neither technologically literate nor have access to digital tools and resources. This article gives a bird’s eye view to all the techno-legal developments.
“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 fall 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- Parvathy P.V.

References:
1) www.drshtiias.com
2) hindupost.in
3) organiser.org
4) www.linkedin.com






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“THE MALEGAON BLAST CASE: UNRAVELLING LEGAL COMPLEXITIES IN INDIA’S FIGHT AGAINST TERRORISM”

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 ABSTRACT

 The Malegaon blast of 2008, stands as an agonizing exemplification to the intricate nature of terrorism investigations in India.  The Malegaon Blast Case, 2008 sent shivers down the spines of the people throughout India, highlighting the impending threat of terrorism in the socio-political landscape of the country. The repercussions of the blast led to a launch of comprehensive investigations aimed at identifying the perpetrators and bringing them to justice. However, the path to justice proved to be perforated with complexities, both legal and practical. To understand the legal framework surrounding the investigation of terrorism in India, it is crucial to dive into the legislative landscape. The legislation provides the law enforcement agencies with utmost powers. However, these powers must be exerted prudently to prevent the latent violation of the human rights as well as to ensure agglutination of due process of law. Despite, the sturdy legal framework, the investigators often face daunting adversities during investigations. The Malegaon Blast Case demonstrates these adversities. Moreover, the ubiquitous dominance of political and religious factors adds another layer of convolutions to terrorism investigations, often leading to allegations of prejudice or intrusion. Prosecuting those amenable for the acts of terrorism is another obstacle. The burden of proof in the cases of terrorism is eminently high, requiring the prosecution to not only substantiate the guilt of the accused but also their collusion in a larger terrorist network. Moreover, the prolonged legal proceedings and the baroque nature of evidence often result in persistent trials, testing the patience and resources of all involved parties. This article scrupulously examines the legal framework governing such investigations, colligating them with the austere realities faced by the investigators of such cases on the ground. By analysing the historical context, legal provisions, investigative challenges and prosecutorial obstacles, this study aims to shed light on the labyrinthine web surrounding the Malegaon Blast Case. Through an analysis of implications and potential reforms, it provides insights into effectively navigating similar cases in the future.

KEYWORDS – Malegaon Blast, Terrorism, Bombing, Investigation, Prosecution, Chargesheet, Explosives, Forensic Evidence, Conspiracy, Arrests, Trial, Legal Proceedings, Witness Testimony, MCOCA, NIA, UAPA, Counterterrorism, Communal Tensions, Judicial Inquiry

 INTRODUCTION

 On the 29th of September, 2008, a blast took place near Bhikku Chowk in Malegaon, a town in the Nasik District of the Indian state of Maharashtra approximately 200 Km northeast of Mumbai. Pretty much, at the same instance, another blast occurred in Modasa, Gujarat. The explosion occurred on the eve of Navaratri. These onslaughts resulted in the lamentable loss of a 15-year-old boy with total of 10 injured in Modasa, Gujarat[1] and six lives in Malegaon with a total of 101 people enduring injuries[2]. Concretely, the modus operandi resembled a blast that took place in Delhi just three days prior.

The blasts were initiated by two low-intensity bombs strapped to a Hero Honda motorcycle, which eventually served as an imperative hint leading the police to the perpetrators. Primitively, scepticism swerved towards the Muslim extremists, inducing the deployment of the Mumbai Anti-Terror Squad (ATS) to assist the Malegaon police in the investigation. The investigation was backed by the ATS Chief Hemant Karkare, lamentably killed during the 26/11 attacks in Mumbai by Lashkar-e-Tayyaba terrorists, the ATS later exposed evidence inculpating the Hindu extremists’ groups. On the date of 24th of October, 2008, three individuals namely Prime Suspect Sadhvi Pragya Singh Thakur (Member of Lok Sabha in BJP – Who as per the update of the Malegaon Blast Case on 26th April, 2024, on several occasion in the past, failed to appear before the court to record her final statement regarding the 2008 Malegaon Blast Case on the pretext of illness[3]), Shiv Narayan Gopal Singh Kalsanghra and Shyam Bhawarlal Sahu were arrested by the police concerning the blasts that took place in Malegaon. Posterior investigations unveiled that other Hindu extremist groups, including the Rastriya Jagran Manch, Sharda Sarvagya Peeth, Hindu Rashtra Sena and Abhinav Bharat were enmeshed, leading to the further arrests. The probe took a vital turn with the arrest of Lt. Col. Prasad Shrikant Purohit, a serving Army officer, on November 4, 2008. However, the case soon became politicized, with the Bharatiya Janata Party (BJP) and the Shiv Sena accusing the ATS of possessing political impetus behind the arrests, while also levying allegations against the Congress. The investigation of the ATS unveiled the potential connections between the accused and the other acts of terrorism, inclusive of the Modasa blast in Gujarat, the 2008 Malegaon Blast, the 2007 Mecca Masjid Blast in Hyderabad[4], and the Samjhauta Express Blast in 2007[5]. The prosecutors instituted charges under the Maharashtra Control of Organized Crime Act (MCOCA)[6], involving prior chargesheets against one or more of the accused. The special court in July, 2009, dismissed the MCOCA charges, citing the lack of cognizance in the other cases at the time of filing the chargesheet[7] for the 2008 Malegaon Blast. However, in 2010, the Bombay High Court re-established the MCOCA charges, citing that the cognizance appertains to the crime, not the accused and since the cognizance had been taken in the other cases, MCOCA could be applied. On the 15th of April,2015, the Supreme Court of India overturned the decision of the Bombay High Court, dismissing the MCOCA charges due to the insufficiency in evidence in the prior cases. The court instructed the High Court to establish a special court for swift and prompt legal proceedings. On the 25th of July, 2015, Rohini Salian, the Special Public Prosecutor in the case alleged that the National Investigation Agency (NIA) had directed her to adopt a lenient stance towards the accused, flaming further controversies and raising questions about the impartiality of the investigations of the case.

INVESTIGATIVE REALITIES

The investigators tasked to unsnarl the convoluted layers of the Malegaon Blast Case withstood different adversities, including the pragmatic obstacles, operational restrictions, and the deficiencies in the resources throughout the investigative process. From gathering intelligence to collecting evidence and navigating the complexities of socio-political dynamics, the challenges often impeded the pursuit of justice in cases of terrorism. The primary suspects initially identified in the Malegaon Blast Case Noor-Ul-Huda, Shabeer Batterywala, and Raees Ahmad. Initially, the Maharashtra police suspected the involvement of groups such as Bajrang Dal, Lashkar-e-Toiba, or Jaish-e-Mohammed, but no evidence was emancipated incriminating any of these groups. However, suspicion later shifted towards Harkat-ul-Jihad-al-Islami. In May, 2008, a hoard of RDX explosives and automatic rifles were discovered in the region, leading to the arrest of former members of the Students Islamic Movement of India. The explosives used in the September, 2007 Malegaon Blast case resembled those used in the 2006 Mumbai Train Blast case, which were ascribed to the Islamic groups. On the 12th of September, 2006, the Prime Minister of India stated that it would be inapt to definitively exonerate Hindu groups in the Malegaon Blast Case. The Prime Minister of India accentuated the need for a thorough investigation aimed at unveiling the truth without any prejudices and pre-conceived notions.

In an Op-Ed published on the 11th of September, B. Raman illuminated that it was immature to dismiss the possibility of the involvement either by the Hindu or Islamic extremists. B. Raman pointed out the attempts by certain Muslim community leaders to seed schism by questioning the fairness of the police officials as well as levelling accusations against the investigating officers. On the 30th of October, 2006, the arrests embroiled members of the Students Islamic Movement of India, suggesting progress in the case according to the statements of the police officials. On the 28th of November, 2006, the Mumbai Police disclosed that two Pakistani Nationals were involved in the explosions. Despite this, they continued their search for the eight additional suspects. The ATS had already incarcerated eight suspects, inclusive of two individuals related to the Mumbai Serial Blasts of 13th July 2011, connected with the Malegaon Blast Case, resulting in 17 fatalities and over 133 injuries[8].

 The ATS concluded the liaison of Hindu Nationalists groups based on the composure of the explosives used. The case was eventually taken over by the National Investigation Agency (NIA) in 2013, leading to the arrest of individuals associated with the Hindu Right-Wing group Abhinav Bharat. The charges furnished on the initially arrested Muslim men were dismissed by the MCOCA in 2016.

PROSECUTORIAL CHALLENGES

The Malegaon Blast Case, furnishes numerous prosecutorial adversities, reflecting the complexities inherent in prosecuting the cases of terrorism and communal violence. These adversities span from gathering evidences against the perpetrators to presenting a cogent case before the courts, and they often involve navigating the legal, procedural as well as the socio-political hurdles. The key prosecutorial adversities faced in the Malegaon Blast Case are as follow:

  1. Assemblage and Conservation of the Evidences– Prosecutors faced eloquent hurdles in the assemblage as well as the conservation of the evidences in the Malegaon Blast Case. It included the physical evidences such as the residue of the explosives, the forensic samples, and the debris from the site of the blast. Taking into consideration, the chaotic aftermath of the explosion and the passage of time, the conservation of the evidences became even more adverse. Moreover, the need to establish the chain of custody and ensure the admissibility of evidence in the court adds a cream-layer to the complexities.
  2. Testimony of the witnesses and Reliability– Fending the testimony of the witnesses is pivotal for instituting a strong case, but it is often formidable in the cases involving terrorism and communal violence. Witnesses might be reluctant to step forward due to the fear of retaliation, intimidation, or societal pressure. Moreover, ensuring the credibility of the witnesses amidst the consolidated communal sentiments posed a challenge for the prosecutors. The Malegaon Blast Case led to the examination of 300 witnesses, out of which 37 witnesses turned hostile so far[9]. Furthermore, the chances of the witness tampering with the information during testifying as well as coercion aggravated these issues, making it formidable to present a coherent narrative before the court.
  3. Complexity of Conspiracy charges – The prosecutors had to navigate through the convolutions of conspiracy charges, particularly when dealing with multiple defendants and convolute plots. Unravelling the web of connections between the accused, their motivations, and the conspiracy for the purpose of the blast demands substantial investigative resources and legal expertise. It became even more adverse when an accused approached the special court seeking for an action against a former ATS officer alleging that the evidences brought in record by the officer during the trial was planted evidence in the home of a co-accused. The ATS claimed that there was a conspiracy to defame him and that the accusations on him were made as an “afterthought”[10].
  4. Admissibility of Forensic and Technical Evidence – Furnishing the forensic as well as the technical evidences in court are poses vital adversities, especially when dealing with complex analysis of explosives and digital forensics. Ensuring the credibility as well as the admissibility of such evidence require assent to rigid procedural standards and expert testimony. Defense attorneys might challenge the validity of such forensic evidences, leading to prolonged judicial process over the admissibility and the weightage of the technical evidences.
  5. Public and Political Compression – The Malegaon Blast Case, like any other high-profile cases, is subjected to profound public and political scrutiny. Political interference as well as influence, media sensationalism, and communal stress further complicate the prosecutorial process, possibly sabotaging the integrity of the legal proceedings. It is evident from the fact that Bhavesh Patel, one of the suspects of the Malegaon Blast Case, wrote a letter to a CBI Court alleging that the Union Ministers Sushil Kumar Shinde, RPN Singh, Shri Prakash Jaiswal and Congress Leader Digvijaya Singh had harassed him and pressurized him to entrap RSS Leaders Mohan Bhagwat as well as Indresh Kumar as a conspirer in the Malegaon Blast Case[11].

IMPLICATIONS

The implications of the Malegaon Blast Case stretch far beyond the four walls of the courtroom, reverberating deeply within the socio-political landscape of India and affecting various stakeholders inclusive of the Government of India, Law Enforcement Agencies, Minority Community, Civil Society as well as the broader aspects of the Indian public. The implications in the Malegaon Blast Case are as follows:

  1. Counter-Terrorism Policies and Strategies – The Malegaon Blast Case accentuates the need for vigorous and effective Counter-Terrorism policies and strategies in India. It stresses on the adversities posed by the autochthonous terrorism and the exigent for motivated measures to prevent fanaticism, battle extremist ideologies, and reinforce the intelligence-sharing gimmick. The case of Malegaon blast coaxes a review of existing counter-terrorism framework and the development of targeted initiatives to address springing threats.
  2. Law Enforcement Practices and Procedures– The case of the Malegaon Blast throws light on the strength and the weaknesses of the law enforcement practices and procedures in India, especially on the pretext of the investigation of terrorism. It accentuates the significance of professionalization, training, and capacity -building within the investigating agencies to improvise their capabilities in handling the complexities of the cases. Furthermore, it stresses on the need for the assent to legal as well as procedural safeguards to ensure the integrity of investigations and prosecutions.
  3. Social Cohesion and Community Relations – The Malegaon Blast Case has consequential ramifications for social cohesion and community relations in India, especially between the religious and ethnic groups. It emphasizes on the menace of the communal dichotomization and the potential for violence ignited by the religious extremism and the sectarian tensions.
  4. Protection of Minority Rights and Civil Liberties – The case of Malegaon Blast raises a distress regarding the protection of the rights of the minorities in the country as well as the civil liberties, especially on the pretext of counter-terrorism measures. It accentuates the significance of upholding the principles of the Constitution of India such as the right to equality, freedom of religion, and due process. Shielding these rights is a necessity to prevent discrimination, arbitrary detention, and violations of privacy stating national security as a concern.
  5. Rule of Law and Judicial Independence – The case of Malegaon Blast is a litmus test for the rule of law as well as the judicial independence in India. It accentuates the significance of impartial and transparent judicial proceedings, free from political interference or undue influence.
  6. Media and Public Discourse– The Malegaon Blast case has significant ramifications for media coverage and public discourse concerning terrorism and communal violence in India. It stresses the responsibilities of the media to report exactly and responsibly all the facts of such sensitive issues, avoiding sensationalism or insurgent verbosity that may magnify tensions. The court ,thus, rejected the plea of NIA for a gag on media stating the gravity of the offence as well as the national security and ensured the media that it can continue to report on the trial, providing information and maintaining the accountability in the legal process[12].

LEGAL PROVISIONS

The Malegaon Blast Case dissects the legal framework governing the act of terrorism investigations in India and scrutinizes the relevant statutes including the Unlawful Activities (Prevention) Act, 1967 (UAPA), the National Investigation Agency, 2008 (NIA), the Indian Penal Code,1860, the Code of Criminal Procedure,1973, the Indian Evidence Act, 1872, Explosive Substances Act, 1908, the Indian Arms Act, 1959, the Maharashtra Control of Organised Crime Act (MCOCA), 1999,  
and the Constitution of India.

  1. Unlawful Activities (Prevention) Act, 1967[13]
  • Section 15 to 38 of the UAPA,1967 prescribes the offenses, investigations and the penalties under the Act.
  • Section 43D of the UAPA,1967 prescribes the conditions for grant of bail for the offenses under this Act.
  1. Indian Penal Code, 1860[14]
  • Section 120B of IPC,1860 prescribes the definition of Criminal Conspiracy
  • Section 302 to 307 of IPC,1860 prescribes the offenses relating to murder and attempt to murder
  • Section 324 of IPC,1860 prescribes the punishment for Voluntarily causing hurt by dangerous weapons or means
  • Section 326 of IPC, 1860 prescribes the punishment for Voluntarily causing grievous hurt by dangerous weapons or means
  • Section 153A of IPC,1860 prescribes the punishment for Promoting enmity between different groups on grounds of religion, race, place of birth, residence, languages etc., and doing acts prejudicial to maintenance of harmony
  • Section 295A of IPC, 1860 prescribes the punishment for Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.
  1. National Investigation Agency Act, 2008[15]

The NIA Act provides for the establishment of the NIA and empowers it to investigate and prosecute the offenses affecting the sovereignty, integrity, and security of India, including terrorism.

  1. Code of Criminal Procedure, 1973[16]
  • Section 173 of CRPC, 1973 prescribes the procedure for investigation by police officer in charge of a police station
  • Section 167 of CRPC, 1973 prescribes the procedure when investigation cannot be completed in twenty-four hours.
  • Section 207 of CRPC, 1973 prescribes the supply to the accused a copy of police report and other documents
  • Section 309 of CRPC, 1973 prescribes the power to postpone or adjourn proceeding
  • Section 311 of CRPC, 1973 prescribes the power to summon material witness, or examine person present
  • Section 313 of CRPC, 1973 prescribes the power to examine the accused
  1. Indian Evidence Act, 1872[17]
  • Section 24 to 35 of the Indian Evidence Act, 1872 prescribes the provisions related to the relevancy of facts and admissibility of evidence
  • Section 45 to 51 of the Indian Evidence Act, 1872 prescribes the provisions regarding the opinion of experts
  • Section 118 to 134 of the Indian Evidence Act, 1872 prescribes the provisions regarding witnesses
  1. The Constitution of India[18]
  • Article 21 of the Constitution of India deals with the Protection of life and personal liberty
  • Article 22 of the Constitution of India deals with the Protection against arrest and detention in certain cases
  • Article 39A of the Constitution of India deals with Equal justice and free legal aid
  • Article 14 of the Constitution of India deals with the Right to equality before law
  • Article 15 of the Constitution of India deals with the Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
  1. The Explosive Substances Act, 1908[19]
  • Section 3 of the Explosive Substances Act, 1908 prescribes the Punishment for causing explosion likely to endanger life or property
  • Section 4 of the Explosive Substances Act, 1908 prescribes the punishment for Attempt to cause explosion or for making or keeping explosive with intent to endanger life or property
  • Section 5 of the Explosive Substances Act, 1908 prescribes the punishment for Making or possessing explosives under suspicious circumstances
  • Section 6 of the Explosive Substances Act, 1908 prescribes the punishment of abettors
  1. The Arms Act, 1959[20]
  • Section 25 of the Arms Act, 1959 prescribes the Punishment for certain offenses relating to arms and ammunition
  • Section 27 of the Arms Act, 1959 prescribes the Punishment for using arms and ammunition in contravention of Section 5 or Section 7
  • Section 28 of the Arms Act, 1959 prescribes the Punishment for unlawfully acquiring, possessing, or carrying prohibited arms or prohibited ammunition
  1. The Maharashtra Control of Organized Crimes Act (MCOCA), 1999[21]
  • Section 3 of the MCOCA prescribes the Offense of organized crime
  • Section 4 of the MCOCA prescribes the Punishment for organized crime

CONCLUSION

In conclusion, this article fuses all the key findings and arguments presented throughout the study. It reflects on the lessons learned from the Malegaon Blast Case and the broader ramifications for investigations concerning terrorism in India. Furthermore, it accentuates the exigent for reforming legal frameworks, enhancing investigative capabilities, and asserting the principles of justice and liability in the brawls against terrorism. Eventually, it advocates for a panoramic approach that balances security exigent with respect to human rights and the rule of law. The Malegaon Blast Case marks an important milestone in India’s quest for justice, liability, and communal harmony. It brought a broader ramification for India’s counter-terrorism efforts and underscores the significance of sturdy investigative mechanism, intel-sharing partnership, as well as the legal frameworks to confront terrorism effectively. It highlights the need for continuous improvisation in investigative techniques, forensic capabilities, and legal procedures to ensure smooth and speedy adjudication of terrorism cases. Furthermore, it serves as a prompt of the menace of the religious extremism and sectarian violence and accents the significance of nurturing ecumenical dialogue, tolerance, and understanding.

“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 fall 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 – Sruti Sikha Maharana

References:

[1] https://nia.gov.in/case-detail.htm?16

[2] https://www.hindustantimes.com/cities/mumbai-news/2008-malegaon-blast-15-years-on-prosecution-closes-evidence-against-7-accused-101694719119028.html

[3] https://www.freepressjournal.in/india/malegaon-bomb-blast-case-after-repeated-warnings-pragya-singh-thakur-finally-appears-before-court

[4] https://indianexpress.com/article/what-is/mecca-masjid-blast-2007-hyderabad-nia-aseemanand-5139063/

[5] https://economictimes.indiatimes.com/news/politics-and-nation/2007-samjhauta-express-blast-case-68-dead-all-accused-acquitted/articleshow/68506483.cms?from=mdr

[6]https://www.indiacode.nic.in/bitstream/123456789/16362/1/the_maharashtra_control_of_organised_crime_act,_1999.pdf

[7] https://nia.gov.in/writereaddata/Portal/CasesPdfDoc/RC-05-2011-NIA-DLI-1.pdf

[8] https://pib.gov.in/newsite/PrintRelease.aspx?relid=73229

[9] https://www.ndtv.com/india-news/another-key-witness-turns-hostile-in-malegaon-blast-case-trial-4023784

[10] https://indianexpress.com/article/cities/mumbai/malegaon-blast-case-accused-claims-ats-officer-planted-evidence-home-co-accused-8659356/

[11] https://www.ndtv.com/india-news/ajmer-blast-to-malegaon-bombings-new-row-as-terror-suspects-allege-political-pressure-535777

[12] https://indianexpress.com/article/india/malegaon-trial-court-rejects-nia-plea-for-gag-on-media-6046468/

[13] https://www.mha.gov.in/sites/default/files/A1967-37.pdf

[14] https://www.indiacode.nic.in/bitstream/123456789/2263/1/aA1860-45.pdf

[15] https://www.mha.gov.in/sites/default/files/2022-08/The%2520National%2520Investigation%2520Agency%2520Act%2C%25202008_1%5B1%5D.pdf

[16] https://www.indiacode.nic.in/bitstream/123456789/15272/1/the_code_of_criminal_procedure%2C_1973.pdf

[17] https://www.indiacode.nic.in/bitstream/123456789/15351/1/iea_1872.pdf

[18] https://www.indiacode.nic.in/bitstream/123456789/15240/1/constitution_of_india.pdf

[19] https://www.indiacode.nic.in/bitstream/123456789/2342/1/AAA1908___06.pdf

[20] https://www.indiacode.nic.in/bitstream/123456789/1398/1/A1959_54.pdf

[21] https://www.indiacode.nic.in/bitstream/123456789/16362/1/the_maharashtra_control_of_organised_crime_act,_1999.pdf

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Uttarakhand Resort Murder Made A Fast-Track Case, ₹ 25 Lakh For Family

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Rishikesh Ankita Bhandari was allegedly murdered by Pulkit Arya, the resort’s owner and the son of expelled BJP lawmaker Vinod Arya, and two staff members after she refused to provide “special services,” which was the resort’s code for prostitution, to visitors. Four days after she vanished, the three men were only detained and charged with her murder last Friday. Social media outcry and demonstrations on the ground claimed that Pulkit Arya’s connections to the ruling party had prevented police from acting. Later, the BJP removed both Pulkit Arya’s brother Ankit and father, former minister Vinod Arya. Ankita’s body was discovered from a nearby water channel. She drowned to death, and there were injuries found during the examination. Former workers claim that drug use and prostitution were commonplace “services” at the Vanantra resort. Rishita, who worked there as a receptionist while her husband, Vivek, worked as a housekeeper, alleged that the resort administration would give the guests illegal alcohol, ganja (cannabis), and other drugs, as well as even girls. Rishita worked there till two months ago. Before Ankita Bhandari joined in August, they had left. Less than a month after starting the job, Ankita—who accepted it so she could provide for her family—was slain. No matter who is implicated, “severe action” would be taken, according to Chief Minister Dhami. The case has also raised concerns about the state’s approach to managing rural crime. Ankita Bhandari’s complaint was filed by the patwari (land revenue official) in one rural region, and it wasn’t addressed till after that. ( NDTV News Desk, September 28, 2022 4:08 pm IST)

In order to give the victim prompt justice, Pushkar Singh Dhami has also promised Ankita’s family that her murder case will be handled in a fast track court. To serve as a deterrent for criminals in the future, it would be made sure that the murderers receive the toughest punishment possible, he stressed. According to Additional Secretary Navneet Pandey, the money is being given to Virendra Singh Bhandari, the father of Bhandari, from the Chief Minister’s Discretionary Fund. 

“The state legislature is on Ankita’s side. We shall offer them all of our assistance. An SIT is looking into the case (Special Investigation Team). The investigation will be carried out objectively, and it will be finished as quickly as feasible “declared the chief minister.

LAWS IN CONCERN:

In India, the Fast Track Courts (FTCs) were founded in 2000 with the goal of resolving lengthy Sessions and other lower court issues. Over 3 crore lawsuits are reportedly still pending in all of the nation’s courts. In 2000, 1734 FTCs in total were approved as a result of the 11th Finance Commission’s report. Only 1562 of them were operational by 2005, the year this experimental plan was meant to come to an end. In 2005, the federal government chose to continue funding the 1562 operational FTCs for the ensuing six years (till 2011). There were only 1192 operational FTCs as of the end of 2011.

ABOUT THE LEGISLATIONS AND WHY THEY ARE IMPORTANT IN REAL LIFE:

The primary goal of fast track courts in India is to swiftly resolve many open cases in a limited amount of time. Retired judges are eligible for selection, and judges are appointed on an as-needed basis. Since they receive the entire attention of the judiciary, which was lacking in high courts and district courts due to the overwhelming number of pending cases, fast track courts in India have shown to be a successful method of handling sexual assault and child abuse cases. 

What are the benefits and drawbacks of fast track courts? In a time when technology improvements are happening and getting better every day, crimes are also evolving and getting more serious.

Need for fast track courts

  1. Sought to resolve a sizable number of ongoing cases: The primary goal of the establishment of fast track courts was to resolve a sizable number of pending cases and lighten the load on district and high courts. Fast track cases are another reason to give sexual assault the attention and time it needs (the fast track case law). 
  2. Is anticipated to lower the number of inmates who are awaiting trial or are currently undergoing trials. India has one of the highest numbers of inmates (about 2.8 lakh), and this figure is rising daily as new case laws are developed and new suspects are imprisoned. Fast track courts are required around the nation in order to lower this number.
  3. The need for a rapid trial: It is crucial to offer a speedy trial and justice in a nation where thousands of crimes are committed every day. Fast track courts are necessary in order to meet the goals of speedy trial, which is also a constitutional right. 
  4. The judiciary’s dedication to eradicating gender-based and sexual violence: Fast track courts seek to deliver prompt and correct justice to victims of gender and sexual assault. It demonstrates the judiciary’s dedication to putting a stop to sexual and gender-based violence.

CONCLUSION:

Fast track courts in society have benefits and drawbacks, just like everything else. However, fast track courts have shown to be highly helpful and have assisted in the resolution of millions of cases (the fast track cases-the fast track case law). India needs fast track courts in this moment to stop sexual and gender-based violence. Therefore, you can determine which is more prevalent by looking at the benefits and drawbacks of fast track courts

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Prime Legal: Revolutionizing the legal industry by augmenting the typical methods of advocacy

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