Latest news with #BhartiyaNagrikSurakshaSanhita
Time of India
5 days ago
- Politics
- Time of India
State moves apex court over FIR against cops in Parbhani custodial death, a day before HC's July 11 deadline
Chhatrapati Sambhajinagar: The Parbhani police are yet to register an FIR against the policemen concerned in the Somnath Suryavanshi custodial death case, even a week after the July 11 deadline set by the Bombay high court's Aurangabad bench lapsed. State govt, instead, filed a petition in the Supreme Court on July 10 against the HC's July 4 order that directed registration of an FIR within a week. This matter has been listed for a hearing before an SC bench on July 25, but there is no stay yet on the HC's directive. The HC had directed Parbhani superintendent of police (SP) to register the FIR on the basis of a complaint application filed on Dec 18, 2024, by Somnath's mother, Vijayabai, at Mondha police station and hand over the investigation to an officer of the rank of deputy SP. Sandanshiv Milind, one of the lawyers representing Somnath's mother in the HC, told TOI: "The court specifically asked state to register the FIR within a week. As far as we know, police have neither obtained any extension from the HC nor have secured any stay or relief from the SC. This means there is already contempt of court." Milind said, "Two representations have already been made to the Parbhani SP with a request to register the FIR in accordance with the HC directive." by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Mr. Chirag's Ultimate Option Selling Strategy – Learn For Free TradeWise Learn More Undo When contacted, Parbhani SP Ravindrasingh Pardeshi said, "I have no comment to offer on this matter for now." On Dec 11, 2024, protests and a riot broke out in Parbhani over reports of an alleged desecration of a replica of the Indian Constitution. Somnath, a resident of Pune who was on a visit to Parbhani to appear for his final-year law examination, was among the people arrested by police in connection with the rioting case. After his initial custody remand, he was sent to jail in magisterial custody but succumbed on Dec 15, 2024, to injuries sustained in the alleged police brutality. His mother, Vijayabai, filed a petition in the HC seeking registration of an FIR against the policemen responsible for the alleged brutality. On July 4, the HC bench of justice Vibha Kankanwadi and justice Sanjay Deshmukh said that there was "prima facie material" indicating "custodial brutality and violation of constitutional rights" and ordered registration of an FIR against the policemen within a week. The court then said that the postmortem report and a magisterial inquiry under section 196 of the Bhartiya Nagrik Suraksha Sanhita revealed "24 visible injuries" on Somnath's body and concluded that the probable cause of death was "shock following multiple injuries". "Now, when there was prima facie material on record i.e. on the basis of inquest panchnama, postmortem report, report of learned judicial magistrate first class… a cognisable offence was made out and, therefore, state ought to have registered the FIR," the HC said. When contacted, Maharashtra's chief standing counsel in the Supreme Court, Siddharth Dharmadhikari, told TOI: "I have no comments to offer for now as the matter is sub judice." Maharashtra director general of police Rashmi Shukla could not be reached for her comments on the issue.
Time of India
04-07-2025
- Time of India
HC directs registration of FIR against cops in Somnath Surayawanshi custodial death in Parbhani
Chhatrapati Sambhajingar: The Bombay high court's Aurangabad bench has directed registration of an FIR within a week based on a complaint application of Dec 18, 2024, by the mother of Somnath Suryawanshi, a 35-year-old law student, who died in police custody after his arrest in a rioting case. A bench of Justice Vibha Kankanwadi and Justice Sanjay Deshmukh noted in an interim order on Friday that there was "prima facie material" indicating "custodial brutality and violation of constitutional rights". The FIR is to be registered at Mondha police station in Parbhani district. The court directed Parbhani superintendent of police (SP) to hand over the investigation to an officer of the rank of deputy SP. Somnath's mother, Vijayabai, had filed a petition in this matter. You Can Also Check: Pune AQI | Weather in Pune | Bank Holidays in Pune | Public Holidays in Pune The court observed that the postmortem report and a magisterial inquiry under section 196 of the Bhartiya Nagrik Suraksha Sanhita revealed "24 visible injuries" on Somnath's body and concluded that the probable cause of death was "shock following multiple injuries". "Now, when there was prima facie material on record i.e. on the basis of inquest panchnama, postmortem report, report of learned Judicial Magistrate First Class… a cognisable offence was made out and, therefore, the state ought to have registered the FIR," the bench said. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 2025 Top Trending local enterprise accounting software [Click Here] Esseps Learn More Undo On Dec 11, 2024, protests and a riot broke out in Parbhani over reports of an alleged desecration of a replica of the Indian Constitution. Somnath was among the people arrested by police in connection with the rioting case and after his initial custody remand, he was sent to jail in magisterial custody but succumbed to injuries sustained in alleged police brutalities. "Videos showed Somnath holding a copy of the Constitution and recording the protest. Somnath and other detainees were assaulted and threatened, making them too afraid to complain before the magistrate when produced on Dec 12 and 14, 2024, for remand proceedings. Somnath died on Dec 15 in judicial custody. Though police claimed he died of a heart attack, the postmortem report and judicial inquiry contradicted this," said lawyer Milind Sandanshiv, who along with senior lawyer Prakash Ambedkar is representing the Suryawanshis in the case. The HC noted the judicial inquiry, which found a "gross violation of human rights" and concluded that "Somnath died due to police authorities". The HC also questioned the conduct of the CID, particularly a deputy superintendent of police, for bypassing the original postmortem team and instead seeking a medical opinion from J J Hospital, Mumbai. "We may not express our opinion in this respect at this stage, yet the question that is required to be gone into is, as to why he had not approached the seven members team from Aurangabad, who conducted the autopsy, for the opinion in respect of queries," the bench remarked.
Time of India
30-06-2025
- Time of India
Maharashtra State Human Rights Commission issues notice to DGP over video showing security corporation personnel stopping motorists inside Mumbai-Pune Expressway tunnel
Mumbai: The Maharashtra State Human Rights Commission (MSHRC) has taken suo moto cognisance of a video posted on social media showing Maharashtra State Security Corporation personnel stopping and "harassing" motorists in the Mumbai-Pune Expressway tunnel. Tired of too many ads? go ad free now The commission issued a notice to the state DGP to inquire into the matter. "Employees of the corporation do not possess police powers as prescribed by the Bhartiya Nyaya Sanhita, 2023, and Bhartiya Nagrik Suraksha Sanhita, 2023. Consequently, a prima facie case of serious by entirely unauthorised persons is established," said MSHRC chairperson A M Badar while issuing notice to the corporation. MSHRC has called for a report of a fact-finding inquiry from the director general of police and the managing director of the Maharashtra State Security Corporation within eight weeks. The MSHRC stated that the recording alleged that Maharashtra State Security Corporation, Mumbai, employees were deployed on the expressway from Pune to Mumbai and were extorting or harassing travellers by stopping vehicles in the tunnel. The complaint was registered suo motu based on the video clip circulating on a social media platform. The MSHRC stated that in addition to the illegality, the actions of the Maharashtra State Security Corporation employees posed a threat to travellers' lives and such actions might result in vehicular accidents on the expressway. The Maharashtra State Security Corporation, Mumbai, was established by the state govt primarily to provide security cover to industrial and financial institutions, as well as municipal or other state corporations.
Indian Express
23-06-2025
- Politics
- Indian Express
Pre-arrest bail denied to man booked for ‘sharing objectionable post' against Maharashtra CM
The sessions court in Mumbai rejected anticipatory bail application of a Pune resident booked for allegedly sharing an objectionable post against Maharashtra Chief Minister Devendra Fadnavis, noting that no case was made out for pre-arrest bail considering the nature of offence against him. Additional sessions judge Prashant C Kale on June 21 passed an order on an application by city resident Santosh Ramchandra Darekar, apprehending arrest in connection with the FIR registered by Cyber Cell, nodal office. The FIR was registered for offences punishable under sections 197(1)(c) (imputations, assertions prejudicial to national integration) and 353(2) (public mischief) of the Bharatiya Nyaya Sanhita 2023 (BNS) along with Section 67 of the Information Technology Act, 2000. As per the prosecution, the complaint was registered by BJP leader Yojna Virendra Thokle alleging that Darekar shared an objectionable post on Facebook against Fadnavis on May 23. However, the applicant argued that he was falsely implicated in the case. He added that while the notice under section 35(3) of the Bhartiya Nagrik Suraksha Sanhita (BNSS) was sent to the applicant, he could not remain present before the investigating officer due to the illness of his mother. The applicant argued that he was not having any criminal antecedents and was ready to cooperate with the investigating agency and would abide by all the conditions if he was granted anticipatory bail. The prosecution opposed the plea stating that Darekar had prima facie committed the offence and his mobile was required to be seized to conduct its technical analysis, and therefore he should not be granted pre-arrest bail. The court noted that the probe was in progress and there was a 'prima facie case against the accused and that can not be ignored or overlooked'. Rejecting his plea, the court added that Darekar has not complied with notice issued to him and 'the grounds for refusal of anticipatory bail put forth by the investigating agency are apparently genuine'.
Time of India
21-06-2025
- Politics
- Time of India
HC: Organised crime grave economic & security threat
Nagpur: Organised crime is not limited by borders and has a devastating impact on the country's economy and internal security by enabling terrorism , Nagpur bench of Bombay High Court observed while overturning a lower court order that denied police custody of a member of a crime syndicate. Justice Urmila Joshi-Phalke, while granting seven-day police custody to Lalu Yadav , 33, under the stringent Maharashtra Control of Organised Crime Act (MCOCA), said, "organised crime is a serious threat to society and is fuelled by illegal wealth generated by contract killing, extortion, narcotics trade, ransom kidnappings, money laundering, and protection rackets." The court rejected the special MCOCA court's May 3 ruling, which denied police custody on the limited ground that the probe was focused on tracing bank accounts and property. Justice Joshi-Phalke said the special court failed to consider crucial aspects of the investigation, including the accused's ongoing role in a larger organised crime syndicate. "MCOCA can be invoked even if direct crime involvement is absent, but syndicate nexus is established," the judge said. "Black money generated by organised crime has had a serious adverse effect on our economy. These syndicates have made a common cause with terrorist gangs," the court said, while affirming that MCOCA empowers agencies to intercept communications and pursue complex networks that threaten national security. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like The oldest stars whose fans don't even know they're still alive Reportingly Undo The court was hearing a revision plea filed by the state against the lower court's refusal to grant police custody. Yadav was arrested in a March 14 assault case registered in Yerla, Kalmeshwar, where he and a co-accused allegedly attacked a man with a sickle. Though the case was initially registered under Bhartiya Nagrik Suraksha Sanhita (BNSS), further investigation revealed a pattern of serious, repeat offences allegedly committed for pecuniary gain — prompting the application of MCOCA. The prosecution submitted that Yadav had at least nine criminal cases against him, with seven still pending. "He is a repeat offender operating for economic gain. His actions fit the definition of continuing unlawful activity under MCOCA," the state counsel contended, while urging custodial interrogation to investigate deeper links within the crime syndicate. The high court agreed, stressing that even if an individual may not have committed a particular act of organised crime directly, their nexus with a syndicate or with repeated unlawful acts could still justify invoking MCOCA. "A nexus with the crime syndicate is enough to attract the Act," Justice Joshi-Phalke said, citing Supreme Court's precedent in the Ranjitsing Brahmajeetsing Sharma case. She ruled that police must be given a fair opportunity to probe syndicate structures, pecuniary trails, and unlawful activities under the wider framework of MCOCA. "In light of the legislative intent, denial of custody would amount to frustrating the purpose of the law," the court said while quashing the lower court's orders.
