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Court Has No Need To Interfere When A Fair Inquiry Took Place Before Taking The Decision: Patna High Court

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Citation: L.P.A No.534 of 2021

Decided on: 10-10-2023

Coram: Honourable The Chief Justice And Honourable Mr. Justice Rajiv Roy

Introduction:

The present appeal has been preferred for setting aside the order and judgment dated 06.08.2021 passed by Hon’ble Single Judge in CWJC No. 1192 of 2020 by which the writ petition preferred by the appellant was dismissed.

Facts:

The appellant-petitioner was a PDS dealer at village in Ward No. 11, village-Panapur in the District of East Champaran. Vide notice contained in memo no. 373 dated 04.10.2018 issued under the signature of respondent Sub Divisional Officer, Areraj, East Champaran, the appellant- petitioner was directed to file show cause within a period of three days with respect to the inspection report dated 04.10.18. On 8.10.2018, the appellant-petitioner submitted the representation with a prayer to exonerate him from all the charges. It has been indicated that due to illness, he could not maintain the up-to-date register. He enclosed medical prescription to support the case.

Again vide notice contained in memo no. 384 dated 13.10.2018 passed by Responden, he was asked to file reply. On 22.10.2018, the appellant-petitioner submitted reply reiterating his earlier version. hereafter, vide an order as contained in memo no. 03 dated 27.10.2018 issued by the respondent, the PDS license no. 01/2016 of the appellant-petitioner was cancelled. This followed CWJC No. 13921 of 2019 by the appellant-petitioner which was disposed of vide an order dated 15.7.2019 directing the respondent District Magistrate, East Champaran to dispose of the appeal within sixty days.

The case of the appellant-petitioner before the Writ Court was that no proper opportunity was given to him before the order for cancellation of PDS license was passed. The second submission was that no beneficiary ever complained against him. Further, the document submitted by him was not at all considered and in that background, the orders need interference.

Court’s analysis and decision:

In his show cause filed on 08.10.2018 and 22.10.2018, this non supply of enquiry report was never agitated and thus it was concluded that a false plea is being raised in the writ petition with mala fide intention of obtaining favourable order, which was also deprecated.

The Court has further taken note of the fact that the respondents gave opportunity to the appellant-petitioner before arriving at a conclusion for cancellation of the PDS license. Thus the court did not interfere with the orders dated 27.10.2018 and 29.11.2019 passed by the SDO, Areraj as well as the District Magistrate, East Champaran respectively.

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Written by- Sushant Kumar Sharma

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High Court of Madras decision on the order in of the case dated 05.01.2023 passed by the Sessions Court for Exclusive Trial of Bomb Blast Cases.

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High Court of Madras decision on the order in of the case  dated 05.01.2023 passed by the Sessions Court for Exclusive Trial of Bomb Blast Cases.

Title : Mohamed Irfan v. Union of India

Case No. : C.A No.340 of 2023

CORAM : THE HONOURABLE MR. JUSTICE S.S.SUNDAR AND MR. JUSTICE SUNDER MOHAN

Decided on : 09.11.2023.

Introduction

The captioned appeal has been preferred by the petitioner, challenging the order in Crl.M.P.No.718 of 2022 dated 05.01.2023 passed by the Sessions Court for Exclusive Trial of Bomb Blast Cases, Chennai, at Poonamalle, Chennai – 600 056, dismissing  bail application.

Fact of the Case

According to the prosecution one Sathick Batcha (A1) was a prime accused in Mayiladuthurai, P.S. Crime No.1601/2020 and 164/2022. On specific information that he was in possession of arms and weapons, a special police team on 21.02.2022, at about 10.00 hours, intercepted a black colour Mahindra Scorpio bearing Reg.No.TN OF IL-1446 at Nidur – Mayiladuthurai Railway gate travelling from Nidur to Mayiladuthurai. The appellant and the other accused were found in the car. A case in Cr.No.165/2022 was registered on the file of Mayiladuthurai Police Station for the offence under Sections 148 and 506 (ii) IPC r/w Section 28 of the Arms Act, 1959. All the accused were arrested. One laptop with adapter, one stainless steel hand-cuff, one I-Phone, one OPPO Phone, one power bank, one V8 video shooting pen, one GITE Wireless router, one hard disk, one metal air gun, a small box containing pellets and a Mahindra Scorpio with registration TN-07-BL-1446 were seized from the accused.

Case Analysis and Judgment

The appellant shall execute a bond and furnish two sureties for a likesum of Rs.50,000/- [Rupees Fifty Thousand only] each and one of the sureties should be a blood relative to the satisfaction of the learned Judge, Special Court under the National Investigation Agency Act, 2008 (Sessions Court for Exclusive Trial of Bomb Blast Cases) Chennai at Poonamallee, Chennai – 600 056. After coming out from jail, the appellant shall stay at Chennai and shall not leave the Chennai city without the permission of the trial court.

The appellant shall surrender his Passport (if any) before the trial court and if he does not hold a passport, he shall file an affidavit to that effect in the form that may be prescribed by the trial court. In the latter case the trial court will if he has reason to doubt the accuracy of the statement, write to the Passport Officer concerned to verify the statement and the Passport Officer shall verify his record and send a reply within three weeks. If he fails to reply within the said period, the trial court will be entitled to act on the statement of the appellant.

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High Court of Madras regarding issuance of Writ of Certiorarified Mandamus, calling for the records of the case in DIN.

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High Court of Madras regarding issuance of Writ of Certiorarified Mandamus, calling for the records of the case in DIN.

Title : Duraiswamy Kumaraswamy v. The Principal Commissioner of Income Tax

Case No. : W.P.No.5834 of 2022

CORAM : THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

Decided on : 06.10.2023.

Introduction

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records of the case in DIN and order No.ITBA/REV/ F/REV7/2021-22/1039075246(1) dated 25.01.2022 for the Assessment year 2019-20 on the file of the 1st respondent and quash the same.

Fact of the Case

This Writ Petition has been filed to quash the order of the 1st respondent in DIN and order No.ITBA/REV/ F/ REV7/ 2021- 22/1039075246(1) dated 25.01.2022 for the Assessment year 2019- 2020 and to direct the 1st respondent to condone the delay in filing Form-67 and grant the Foreign Tax Credit claim of Rs.23,23,484/-.The petitioner was employed in Kenya during the year 2016-2018 as CEO. For the financial year 2018-2019, the petitioner was a resident of India, including his Kenya income, he has filed. his Indian Income Tax return, and claimed the benefit of Foreign Tax Credit (FTC) under Section 90/91 of the Income Tax Act, 1961, read with Article 24 of the India-Kenya Double Taxation Avoidance Agreement. During the year, he had income of both Kenya and India. The petitioner has filed the income tax return for the income at Kenya.

Case Anlayis and judgment

Court remits the matter back to the respondent to make reassessment by taking into consideration of the FTC filed by the petitioner on 02.02.2021. The respondent is directed to give due credit to the Kenya income of the petitioner and pass the final assessment order. Further, it is made clear that the impugned order is set aside only to the extent of disallowing of FTC claim made by the petitioner and hence, the first respondent is directed to consider only on the aspect of rejection of FTC claim within a period of 8 weeks from the date of receipt of copy of this order.

“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.”

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Human trafficking and human displacement

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Human trafficking and human displacement

Abstract

Most people agree that the practice of placing or keeping someone in an abusive position to profit financially is known as “human trafficking. Trafficking can take place both inside a nation and across international borders. For a variety of reasons, including forced and exploitative labour in farms, factories, and private homes, forced marriage, and sexual exploitation, women, men, and children are trafficked. All areas and most nations in the world are affected by trafficking. The exploitation of individuals for profit has a long history and international efforts to address it can be traced back at least a century, well before the birth of the modern human rights system.

Keywords: Trafficking, Human Trafficking, Causes, Preventive measures.

Introduction

The Universal Declaration of Human Rights and the United Nations Charter both attest to the fact that everyone is entitled to certain rights, regardless of their gender, colour, ethnic origin, or any other factor. All human rights are applicable to those who have been trafficked. International law makes it quite evident that those who have been trafficked cannot be subjected to discrimination only because they are foreign nationals, even if they are not in their country of residence.

Human Trafficking

Human Trafficking is the recruitment, transportation, transfer, harbouring, or receipt of people through force, fraud, or deception, with the aim of exploiting them for profit. Men, women, and children of all ages and from all backgrounds can become victims of this crime, which occurs in every region of the world. The traffickers often use violence or fraudulent employment agencies and fake promises of education and job opportunities to trick and coerce their victims.[1] The use of coercion, fraud, or force to obtain commercial sex acts or labour of any kind is known as human trafficking. Millions of men, women, and children are trafficked annually, both internationally and domestically in the United States. Victims might be of any age, ethnicity, gender, or nationality, and it can occur in any society.

Indian Perspective

In India, trauma affects women in less evident ways as well. Their oppression begins very covertly. Girls are imprisoned in their own homes, and women are abused by their husbands, dads, and brothers. All of this occurs inside the confines of these families.  This violence is the result of a culture that deprives women of their most basic rights and gives men absolute power. There are many guys who despise women and girls; girls are taught to be silent and not to voice their ideas or engage in dispute or disagreement. Living in quiet, which gradually weakens their sense of self, is their only option. According to reports, the world’s fastest-growing criminal industry is the massive trafficking sector. This section highlights the legal definitions of bonded labor, child labor, and sex trafficking that are used in India and elsewhere throughout the report.s

Although they are in effect, India’s Immoral Trafficking Prevention Act, the Child Labor Act, the Juvenile Justice Act, and the Bonded Labour Abolition Act all prohibit commercial sexual exploitation. Because a society that fosters poverty, human trafficking, and violence against women need more than just legislation to alter. Regaining our humanity and starting a national conversation about the effects of this poisonous patriarchal culture are what we really need.[2] An assessment study on sexually exploited children and youth by the Economic and Social Commission for Asia and Pacific (ESCAP) shows that in South Asia young girls from certain rural areas of Bangladesh, India and Nepal are trafficked for marriage and then sold into prostitution (Shamim, 2010).[3]

With the assistance of NGOs and law enforcement, certain kinds of advertisements can be placed in local newspapers and other popular media outlets, and awareness campaigns can be held in villages, local schools, and among the public’s youth to raise awareness of the dangers of victimization. To discourage the demand that fosters all forms of human exploitation, especially of women and children, and that results in trafficking, measures such as legislative adoption or strengthening, proper law enforcement, uncorrupted officials, educational, social, cultural, or other measures, and, where applicable, penal legislation, including through bilateral and multilateral cooperation, should be taken.

Conclusion

Human trafficking gravely breaches the rights of those who are trafficked and puts their security and dignity in danger. Although women’s and men’s equality are guaranteed by Indian constitutions, in practice these guarantees are frequently empty words. Strong political will on the part of the government is essential to carrying out anti-trafficking laws to combat trafficking and thereby defend the human rights of the vulnerable. Therefore, every criminal activity that has the potential to be profitable eventually turns into a major social ill, such as people trafficking. If decisive action is taken, rigorous policies are created, and they are applied, we still have the ability to remedy the issue.

 

 

 

 

[1] UNODC, Human Trafficking ,  https://www.unodc.org/unodc/en/human-Trafficking/Human-Trafficking.html

[2] Denova, Human Trafficking in India, https://www.dianova.org/opinion/human-trafficking-in-india/

[3] Shamim I. State of Trafficking in Women and Children and their Sexual Exploitation in Bangladesh. Dhaka: Centre for Women and Children Studies (CWCS), 2010.

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One Can Not Be Punished Unless The Crime Is Proved Beyond Reasonable Doubt: High Court of Lucknow

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Citation: Criminal Appeal No. – 2899 of 2003

Coram: Hon’ble Ashwani Kumar Mishra & Hon’ble Syed Aftab Husain Rizvi

Decided on: 08.11.2023

Introduction:

 The present appeals have been filed on behalf of accused-appellants- Arvind Kumar, Surjeet, and Babloo, who have been convicted by judgment and order dated 30.05.2003 passed by Additional Sessions Judge/ F.T.C. First, Jalaun in Session Trial No.77 of 2000 (State of U.P. vs. Arvind Kumar and others) arising out of Case Crime No.337 of 1999, under Sections 376(2)(g) and 302/34 I.P.C., Police Station- Kuthond, District- Jalaun and sentenced the appellants to 10 years rigorous imprisonment & fine of Rs.5000/- under Section 376(2)(g) and life imprisonment & fine of Rs.5000/- under Section 302/34 I.P.C.

Facts:

 The F.I.R. of this case was lodged on 30.11.1999 at 19:45 P.M., under Section 376/302 I.P.C. against Surjeet, Arvind Kumar, Babloo, and Raj Kishore on the written information alleging therein that on 30.11.1999, the 13-year-old daughter of informant had gone to collect the grass with Ram Prasad, Babu, and Pramod Kumar. At about 5 P.M., the informant came near the Arhar field of Brij Bhushan Tiwari to collect the grass cut by his father where he heard the screams of his daughter from the Arhar field.

On hearing the screams, the informant, his father, Babu, and Pramod Kumar entered the Arhar field. They saw Surjeet, Arvind, Babloo and Raj Kishore were strangulating her daughter by tying her neck with a bed-sheet. On exhortation, the accused ran away. When the informant reached near the victim, she had died. The accused have also committed sexual assault on her because her private part was bleeding and semen spots were present on the clothes. On hearing the noise, several villagers came to the spot. The informant leaving his family members and other villagers beside the dead body, came to the police station to lodge the F.I.R.

The informant P.W.-1, in his examination-in-chief has stated that Surjeet, Babloo, Arvind Kumar, and Raj Kishore who live in his village Panditpur, sexually assaulted her 13-year-old daughter and committed her murder. The incident occurred in the Arhar field of Brij Bhushan Tiwari.

Babu P.W.-2 has not supported the prosecution case. The witness has stated that he knows the daughter of the informant and the accused. The daughter of the informant is not alive. He does not know what incident had occurred with her and how she died. Witness has denied that accused persons sexually assaulted the victim and committed her murder. The witness has been declared hostile. Witness in his cross-examination by the defence has stated that Munni Devi, the wife of Raj Bahadur has died on the date of the incident. Her last rites were performed at about 4 P.M. Babloo, Arvind and Surjeet were present in the last rites of Munni Devi.

Another evidence produced by the prosecution is recovery of slipper of right foot of accused Raj Kishore, on his pointing out from the field of Brij Bhushan Tiwari. According to prosecution the other slipper of the left foot, however, was found on the spot by the Investigating Officer during spot inspection.

Court’s Analysis Judgement:

From the analysis of evidence on record, it is clear that the sole testimony of informant P.W.-1, who is a chance witness, is not inspiring and trustworthy. There are serious discrepancies, which makes it highly doubtful that he has seen the occurrence. No doubt that the victim has been sexually assaulted and was strangled to death but it is not proved that appellants accused are the real culprits and they have committed the offence. Their false implication on the basis of suspicion or with ulterior motive cannot be ruled out. There is no sufficient evidence on record to prove the prosecution case beyond reasonable doubt.

The learned trial Court had failed to notice the serious discrepancies in the ocular testimony of informant P.W.-1, who is also a chance witness and has erred in relying on it. The finding of guilt returned by the trial Court on the basis of his testimony is not sustainable.

“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.”

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