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Hindustan Times
2 days ago
- Hindustan Times
Fake currency poses a serious threat to country's economy: Delhi high court
Circulating fake currency poses a serious threat to the country's economy and undermines financial regulation, the Delhi high court has held while denying bail to a man accused of circulating fake Indian currency notes (FCIN) and US dollars. The Delhi high court. (File Photo) Justice Shalinder Kaur delivered her July 16 verdict, released on Thursday, while dealing with Shoib Malik's plea against city court's March 20 order denying him bail. The Delhi police special cell had named Malik as a co-accused in the first information report (FIR) registered under various sections of the Indian Penal Code (IPC), including 489A (counterfeiting currency notes), 489D (making or possessing instruments for forging or counterfeiting notes), and 120B (criminal conspiracy). The cops had alleged that Malik was a part of a larger syndicate involved in circulation and printing of fake Indian currency notes. In his petition, Malik had claimed that the cops did not have evidence to prove possession of the FCIN or his connection with the offence. He further submitted that he had already undergone more than 2 years of custody and no purpose would be served by keeping him in jail. The Delhi police opposed the bail, asserting that Malik was not merely involved in possessing FCIN, but also in its printing and circulation. He further submitted that the cops at the time of his arrest had recovered FCIN to the tune of ₹73,000 at the time of his arrest from his residence and had committed an offence, which jeopardizes the country's economic security. Agreeing with cops' submissions, justice Kaur held, 'The present case raises a grave concern regarding the involvement of the petitioner along with co-accused persons to print, distribute and circulate not only FICNs but US dollars, as well. Indeed, the circulation of fake currency causes a severe threat to the economy of the country, thus being detrimental to the financial regulation of currency in the country.' The judge held that such kinds of offences also fuel other illegal activities like drug smuggling, arms trafficking, money laundering, and human trafficking. 'Moreover, such kind of offence further facilitates other illegal activities such as smuggling of drugs, purchase of illegal arms and ammunitions, cross-border money laundering, human trafficking etc. The purpose to enact the provision of Sections 498A, 489B, 489C, 489D and 489E of the Indian Penal Code, 1860, (now Sections 178, 179, 180, 181 and 182 of the Bharatiya Nyaya Sanhita, 2023) is to safeguard the economy of the country and such illegal activities which destabilises the economy,' the court maintained.
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Business Standard
05-07-2025
- Health
- Business Standard
Delhi HC dimisses 200+ defence ministry pleas against disability pension
The Delhi High Court has dismissed over 200 petitions of the Ministry of Defence challenging the Armed Force Tribunal's order holding a number of defence personnel entitled for disability pension for their respective disabilities. Disability pension cannot be denied to defence personnel solely on the ground that the onset of the disability occurred while they were posted at a peace station or by contending that it is a lifestyle disease, it said, while noting that military service is inherently stressful due to a combination of factors. A bench of Justices Navin Chawla and Shalinder Kaur said that granting disability pension is not an act of generosity but a rightful and just acknowledgement of the sacrifices endured by defence personnel which manifest in the form of disabilities/ disorders suffered during their military service. The purpose of granting disability pension to personnel of the Indian Armed Forces is to provide necessary financial support to those who have sustained a disability or illness during the course of their service due to service conditions, the bench said in its 85-page common judgment passed on July 1. The court said such the pension ensures that a soldier who suffers injury or disability due to service conditions is not left without support and is able to live with financial security and dignity. It is a measure that upholds the States responsibility towards its soldiers, who have served the nation with courage and devotion, it added. The court said it must be kept in mind that armed forces personnel, in defending the nation from external threats, have to perform their duties in most harsh and inhuman weather and conditions, be it in far-flung corners of land, in terrains and atmosphere where the limits of a man's survival are tested, or in air or water, where again surviving each day is a challenge, away from the luxury of family life and comforts. The central government, through the Ministry of Defence, challenged the tribunal's orders on the grounds that the Release Medical Board (RMB) had clearly opined that the medical condition of the defence personnel suffering from hypertension and Diabetes Mellitus Type II was neither attributable to nor aggravated by military service. The ministry contended that these personnel were not entitled to disability element of pension. The high court said it was incumbent upon the RMB to furnish cogent and well-reasoned justification for their conclusions that the disease or disability suffered by the personnel cannot be said to be attributable to or aggravated by such service conditions. The court said disability pension cannot be denied to defence personnel solely on the ground that the onset of the disability occurred while they were posted at a peace station. It is disheartening that members of our armed forces are being denied disability pension solely on the aforementioned ground. This overlooks the continuous physical and mental stress faced by soldiers, regardless of their location, the bench said. It said even in peace stations, military service is inherently stressful due to a combination of factors such as strict discipline, long working hours, limited personal freedom, and constant readiness for deployment. The psychological burden of being away from family, living in isolated or challenging environments, and coping with the uncertainty of sudden transfers or duties adds to this strain. Additionally, the toll of continuous combat training further contributes to mental fatigue, it said. Despite the absence of active conflict or the challenges of hard area postings, the demanding nature of military life at peace stations can significantly impact the overall well-being of personnel, the court said, adding that even when not on the front lines or in hard areas, soldiers are aware that the threat is never far away. This environment, where danger is a constant reality for their peers and could become their own at any moment, creates a persistent state of mental and emotional strain that cannot be overlooked. "Thus, military service, whether in peace locations or operational zones, inherently carries stress that may predispose Force personnel to medical conditions such as hypertension, the bench said. The court said lifestyle varies from individual to individual and a mere statement that a disease is a lifestyle disorder cannot be a sufficient reason to deny disability pension, unless the medical board has duly examined and recorded particulars relevant to the individual concerned. When force personnel have rendered prolonged military service, there exists a substantial onus on the RMB to establish that the hypertension is not attributable to or aggravated by military service, it said. The court said the authorities have ignored that many of these soldiers had previously served in the field or hard areas, only to be diagnosed with their respective disabilities later during their peace postings. Denying benefits under such circumstances not only undermines their service but also fails to acknowledge the effect of their demanding careers, it said. The court said the possibility cannot be ruled out that these factors jointly and severally can become a chronic source of mental stress and strain, precipitating various medical conditions such as hypertension. It said the RMB must not resort to a vague and stereotyped approach but should engage in a comprehensive, logical, and rational analysis of the service and medical records of the personnel, and must record well-reasoned findings while discharging the onus placed upon it. The matters pertaining to Diabetes Mellitus Type II in which the RMB has opined that the disease is not attributable to or aggravated by military service, solely based on the fact that the onset was at a peace station, cannot be sustained, the court said. (Only the headline and picture of this report may have been reworked by the Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)
India Today
05-07-2025
- Health
- India Today
Salute to sacrifice: How disability pension for armed forces veterans won legal sanctity
The Delhi High Court, in a landmark verdict, has delivered a decisive blow to the ministry of defence's move to deny disability pensions to hundreds of retired armed forces personnel.A division bench of Justices Navin Chawla and Shalinder Kaur dismissed nearly 300 writ petitions, upholding the Armed Forces Tribunal's rulings in favour of the veterans. The pension claims were initially denied due to the disability being deemed 'Neither Attributable nor Aggravated' (NANA) by the competent medical board, as per the pension December, INDIA TODAY's story War Over The Wounded (edition dated December 16, 2024) had highlighted the issue wherein the ministry of defence resorted to filing hundreds of appeals in higher courts to challenge disability pensions to armed forces personnel by contradicting the government's stated policy to reduce defence ministers Manohar Parrikar and Nirmala Sitharaman had issued directives not to challenge tribunal orders granting disability benefits. Yet the ministry continued to file appeals, often against widows and disabled soldiers. For veterans, the percentage of disability is a critical factor that determines their pension and associated benefits. In September 2023, the ministry of defence revised the disability benefit rules, but clarified that the rule would apply only to those persons who retire after September 21, 2023, with no retrospective of defence staff General Anil Chauhan made it clear the disability pension-related rules had been revised to protect genuine soldiers' requirements. 'A study was [done] to protect the genuine interest of the personnel, who acquired disability during service, while preventing the exploitation of its liberal provisions from misuse,' he July 1, while delivering the order, the high court bench stated that the purpose of granting disability pension to personnel of the Indian armed forces was to provide necessary financial support to those who had sustained a disability or illness during their service, due to service conditions.'It is not an act of generosity but a rightful and just acknowledgement of the sacrifices endured by them, which manifests in the form of disabilities/disorders suffered during their military service. Such a pension ensures that a soldier who suffers injury or disability due to service conditions is not left without support and is able to live with financial security and dignity. It is a measure that upholds the State's responsibility towards its soldiers, who have served the nation with courage and devotion,' the court on behalf of the government, the attorney general informed the high court that in the present batch of petitions, none of the 'individuals has been out of service'. Consequently, not a single one of them is, per se, eligible to be considered for the award of disability pension. He further submitted that the Armed Forces Tribunal did not consider the revised entitlement rule of 2008 by the ministry of defence while passing on judgment. 'Such a departure from the provisions clearly enunciated by the government of India has rendered its policies on the subject completely irrelevant, redundant and ineffective,' the attorney general challenging the disability element to pensioners, the attorney general submitted that in the current cases, the disabilities of the respondents were assessed by the Release Medical Board (RMB) as well as by the competent/appellate authorities as neither attributable to nor aggravated by the military service, after considering their entire medical history and service concluding his stand, the attorney general stated that the medical board consists of experts who thoroughly assess individuals and their complete medical history in accordance with the relevant medical provisions. Based on this examination, they determine whether the disability can be considered attributable to or aggravated by military service. 'Therefore, the courts, within their limited scope of judicial review, should refrain from disputing the opinion of the medical board unless there is compelling medical evidence on record to contradict it,' he the court stated that it must always be kept in view that the armed forces personnel, while defending the country, have to perform their duties in extremely harsh and inhuman weather and conditions, wherein surviving each day is a challenge. It is, therefore, incumbent upon the RMB to furnish cogent and well-reasoned justification for their conclusions that the disease/disability suffered by the personnel cannot be said to be attributable to or aggravated by such service onus is not discharged by the RMB by simply relying on when such disability/disease is noticed also said that it must be noted that even in peace stations, military service is inherently stressful due to a combination of factors, such as strict discipline, long working hours, limited personal freedom and constant readiness for deployment. The psychological burden of being away from family, living in isolated or challenging environments, and coping with the uncertainty of sudden transfers or duties adds to this strain. The toll of continuous combat training further contributes to mental fatigue.'Despite the absence of active conflict or the challenges of hard area postings, the demanding nature of military life at peace stations can significantly impact the overall well-being of personnel,' the court said, adding that soldiers are always aware that threat is never far environment, wherein danger is a constant reality for their peers and could become their own at any moment, creates a persistent state of mental and emotional strain that cannot be overlooked. Thus, military service, whether in peace locations or operational zones, inherently carries stress that may predispose armed force personnel to medical conditions, including hypertension, the court to India Today Magazine- Ends
Hans India
18-06-2025
- Hans India
HC grants bail to AIIMS doctor accused of rape
The Delhi High Court has granted bail to an AIIMS doctor accused of raping a woman on the promise of marriage, prima facie observing they were in 'an active and consensual live-in relationship'. Justice Shalinder Kaur, who was hearing the bail plea of the junior resident doctor, said the woman got more FIRs registered for similar offences against others and some cases, including that of extortion, were also filed against her. 'Significantly, this court has also been informed by the counsel for the petitioner that the prosecutrix has lodged other FIRs of offences similar to the one in the present case, against other persons and also that some FIRs have been lodged against her,' the court said. The extortion case was registered against the woman in which she was accused of extorting money from a man and his family, threatening them with criminal implication. In its order dated May 30, the court said, 'What emerges from the material placed before this court is a complex factual matrix wherein contradictory versions regarding the nature of the relationship between the petitioner (doctor) and the prosecutrix must be carefully weighed.' The 39-year-old woman was stated to be an educated adult, previously married with a child with special needs. She was found to have resided with the doctor and his family for 15 days. 'It is evident from the record that despite alleging that the petitioner had sexually assaulted her in early December 2024, the prosecutrix had failed to report any incident to the police, and no explanation for the same has been put forth, and in fact, the prosecutrix continued to stay with him,' the court said. It also came on record that the woman did not inform the doctor's family about the alleged forcible sexual assaults. The prosecution alleged that the doctor gave false assurances of marriage but his counsel called it a consensual live-in relationship and said no promise of marriage was ever made. 'Suffice to say, the prosecutrix, being a mature, educated and married woman, must be deemed to understand how marriage rituals work. Nonetheless, the said allegations would be a matter for the trial,' the court said. The material on record 'prima facie' indicated to the court that the doctor and the complainant were 'in an active and consensual live-in relationship'. 'Screenshots of WhatsApp chats, travel plans, shared photographs, and other materials prima facie suggest mutual affection and cohabitation. In the medico-legal case (MLC), certain contradictions are appearing as well,' the order read. The court said Delhi Police had filed a chargesheet in the present case and the trial would take considerable time. 'The petitioner, a 28-year-old doctor serving in AIIMS, holds a permanent job and has no criminal antecedents. This court also notes that he has cooperated with the investigation, and there is no material to show that he has attempted to abscond or tamper with evidence,' the court said. The man was ordered to furnish a personal bond of Rs 50,000 and two sureties of the like amount. The doctor was booked for rape, voluntarily causing hurt and voluntarily causing hurt or grievous hurt by dangerous weapon or means.
The Hindu
17-06-2025
- The Hindu
Delhi High Court grants bail to AIIMS doctor accused of rape
The Delhi High Court has granted bail to an AIIMS doctor accused of raping a woman on the promise of marriage, prima facie observing they were in "an active and consensual live-in relationship". Justice Shalinder Kaur, who was hearing the bail plea of the junior resident doctor, said the woman got more FIRs registered for similar offences against others and some cases, including that of extortion, were also filed against her. "Significantly, this court has also been informed by the counsel for the petitioner that the prosecutrix has lodged other FIRs of offences similar to the one in the present case, against other persons and also that some FIRs have been lodged against her," the court said. The extortion case was registered against the woman in which she was accused of extorting money from a man and his family, threatening them with criminal implication. In its order dated May 30, the court said, "What emerges from the material placed before this court is a complex factual matrix wherein contradictory versions regarding the nature of the relationship between the petitioner (doctor) and the prosecutrix must be carefully weighed." The 39-year-old woman was stated to be an educated adult, previously married with a child with special needs. She was found to have resided with the doctor and his family for 15 days. "It is evident from the record that despite alleging that the petitioner had sexually assaulted her in early December 2024, the prosecutrix had failed to report any incident to the police, and no explanation for the same has been put forth, and in fact, the prosecutrix continued to stay with him," the court said. It also came on record that the woman did not inform the doctor's family about the alleged forcible sexual assaults. The prosecution alleged that the doctor gave false assurances of marriage but his counsel called it a consensual live-in relationship and said no promise of marriage was ever made. "Suffice to say, the prosecutrix, being a mature, educated and married woman, must be deemed to understand how marriage rituals work. Nonetheless, the said allegations would be a matter for the trial," the court said. The material on record "prima facie" indicated to the court that the doctor and the complainant were "in an active and consensual live-in relationship". "Screenshots of WhatsApp chats, travel plans, shared photographs, and other materials prima facie suggest mutual affection and cohabitation. In the medico-legal case (MLC), certain contradictions are appearing as well," the order read. The court said Delhi Police had filed a chargesheet in the present case and the trial would take considerable time. "The petitioner, a 28-year-old doctor serving in AIIMS, holds a permanent job and has no criminal antecedents. This court also notes that he has cooperated with the investigation, and there is no material to show that he has attempted to abscond or tamper with evidence," the court said. The man was ordered to furnish a personal bond of ₹50,000 and two sureties of the like amount. The doctor was booked for rape, voluntarily causing hurt and voluntarily causing hurt or grievous hurt by dangerous weapon or means.
