New Delhi, Apr 1 (PTI) In a relief to former Prime Minister Manmohan Singh, the Supreme Court today stayed the trial court order summoning him as accused in a case pertaining to grant of Talabira-II coal block in Odisha in 2005 to Aditya Birla group company Hindalco.

The stay, which also applied to Hindalco Chairman Kumar Mangalam Birla, former Coal Secretary P C Parakh and three others, came after senior counsel Kapil Sibal questioned the legality of the summons to the former Prime Minister citing lack of sanction as required under the CrPC and contended that allocation of a coal block was an administrative act without any criminal intent.

“We issue notice on all six petitions. The trial court order shall remain stayed,” a bench of justices V Gopala Gowda and C Nagappan said after hearing arguments by Sibal, who represented the former Prime Minister, and other lawyers in the case.

82-year-old Singh’s daughters, Upinder Singh and Daman Singh, were present in the court during the proceedings.

The bench also stayed the proceedings before the trial court and issued notice to the Centre on a plea challenging constitutional validity of section 13 (1)(d)(iii) of the Prevention of Corruption Act.

The other three summoned as accused are Hindalco, Shubhendu Amitabh and D Bhattacharya, its officials. All the six were summoned by Special CBI Judge Bharat Parashar to appear before the court on April 8.

“I must confess that I have not been able to find out what is the illegal act done by the petitioner in the case,” Sibal said at the outset of the 35-minute proceedings.

The Gujarat Assembly on Tuesday passed a stringent anti-terror Bill retaining controversial provisions that had twice earlier led to a previous such Bill being rejected by the President.

The Gujarat Control of Terrorism and Organised Crime (GCTOC) Bill 2015 makes only minor changes in the controversial Gujarat Control of Organised Crime (GUJCOC) Bill, including adding the word ‘terrorism’ in the name. However, it retains clauses such as permitting admissibility of evidence collected through interception of mobile calls of an accused or through confessions made before an investigating officer, in a court of law.

The Gujarat government, at the time led by Narendra Modi, first introduced the GUJCOC Bill in 2003, with the same clauses, including increasing the period to file chargesheet from 90 to 180 days, and laying down strict conditions for bail to be given to the accused. The Bill was rejected by then President A P J Abdul Kalam in 2004, demanding that the clause relating to interception of communication be removed. The NDA was in power at the time.
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The state Assembly passed the GUJCOC Bill again twice after that, each time under Modi as CM. In 2008, it was without the clause objected to by Kalam. But then President Pratibha Patil also refused to clear the Bill, seeking more changes, including deletion of the provision allowing confessions before a police officer as evidence in court. The Centre had a UPA government then.

The Gujarat government, however, ignored Patil’s suggestions and cleared the Bill for the third time in 2009. This Bill is still pending clearance by the President.

The GCTOC Bill, while reintroducing the provision allowing interception of communication and retaining the one relating to confessions made before a police officer, only proposes that the officer concerned be of the rank of superintendent of police and above.

Minister of State for Home Rajnikant Patel, who tabled the GCTOC Bill, argued that the legislation was required for the safety and security of the residents of Gujarat, which shares its border with Pakistan. “Pakistan cannot win the war against India. We all know about terrorist activities in Pakistan. To protect every single citizen from the bullet of terrorists, we need to strengthen the law,” Patel said.

The Congress, which objected to the Bill, eventually abstained from voting on it.

While Gujarat has been relatively peaceful the past 10 years, the Bill’s ‘Statement of Objects of Reasons’ says, “It is noticed that organised criminal syndicates make common cause with terrorist gangs and foster macro terrorism, which extends beyond national boundaries. There is a reason to believe that organised criminal syndicates are operating in the state and… there is immediate need to curb their activities.”

Congress Abdasa MLA Shaktisinh Gohil objected that clauses in the Bill contradicted Central laws that do not allow an investigating agency to take confession and use it as evidence. “Besides, when the Union Act has fixed chargesheet filing period as 90

days, where is the need for change?” he said.

Pointing out that the GUJCOC Bill had earlier been rejected by the president including when the BJP was in power at the Centre, Gohil added, “The argument that it was stalled by the UPA is baseless. The Bill has been reintroduced to get political mileage as it cannot get clearance in its present form.”

Leader of the Opposition Shankersinh Vaghela said the Bill was “not for protection of the people but for the protection of the BJP”.

Justifying allowing evidence collected through “interception of wire, electronic or oral communication”, the GCTOC Bill, in the ‘Statement of Objects and Reasons’, says this is necessary as organised criminal syndicates make extensive use of wire and oral communication.

Another of its clauses says, “A confession made by a person before a police officer not below the rank of SP… shall be admissible in the trial of such accused, co-accused, abettor or conspirator for an offence under the provisions of this Act.”

Defending the clause allowing 180 days for filing of a chargesheet in a case under the GCTOC, minister Patel said, “Neighbouring Maharashtra, in its MCOCA (Maharashtra Control of Organised Crime Act), has changed certain rules, including the period given for filing a chargesheet. Sometimes more investigation time is required to solve sensitive cases.”

At a time when rape incidents are been reported from different parts of the country Mumbai comes as a shock with a woman raping a young school boy.

Mumbai- A 16 year old boy was continuously raped for a period of three months by his friend’s mother.
A young boy who is studying in Class 10 had gone to visit his friend at Chembur. His friend’s mother told him that he was not a home and asked him to wait. She then offered him a cold drink which was spiked with a chemical.

The boy fell unconscious. She then stripped him off and raped him. She also managed to video shoot the entire episode which she later used it as weapon to blackmail him. With the fear of being exposed he reluctantly accepted her sexual exploitations.

The boy at home had started to behave abnormally with the pressure that was going on this young boy’s innocent mind. When the parent’s felt the sudden change him, after coaxing him many times he relented and narrated the whole horrifying experience and filed a written complaint with the RCF police station. The shocked RCF police have opened a preliminary inquiry into the matter.

A Delhi court on Tuesday recorded the statements of two prosecution witnesses, including a hand writing expert, in a case in which a 52-year-old Danish woman was allegedly gangraped by eight persons in New Delhi in 2014.

Additional Sessions Judge Kaveri Baweja recorded the testimonies of AK Gupta, director (documents) of Truth Labs in Delhi, and Delhi Police sub-inspector and in-charge of the crime team, Pankaj.

During the proceedings, Gupta, who was earlier director in-charge of Delhi government’s Forensic Science Laboratory, said on January 20 last year, certain documents were received at the Delhi office of Truth Labs sent by the SHO of Paharganj Police Station and the case was assigned to him.

He said the packet contained a book and an envelope of a book store. “After examining the writing on the book and the copy of complaint given by the woman (to the police) with the help of scientific aid and equipments, I gave my report. After examining them I opined that writing …. are of the same person,” the handwriting expert said, adding that he had also given the reasons for his opinion.

The court also recorded the deposition of sub-inspector Pankaj, who said on the intervening night of January 14-15, last year, he along with other police officials and a photographer had gone to the site of incident and inspected the place. The police, in its chargesheet, had said that eight persons, all vagabonds, had robbed and gangraped the Danish tourist at knife-point on the night of January 14, 2014, after leading her to a secluded spot close to the Divisional Railway Officers’ Club near New Delhi Railway Station. The eight accused, including two juveniles, were arrested in the case. The two juveniles are facing an inquiry before the Juvenile Justice Board. The court fixed the case for April 20 for recording of statements of other prosecution witnesses.

The court had earlier issued fresh summons to the woman to appear before it on July 1 for recording of her testimony. It had issued the summons again as the earlier one, issued on January 13, could not be served upon the woman to secure her presence as a prosecution witness and Delhi Police had sought some time for calling her. The court had directed that summons be issued to the woman, who resides in Denmark, according to the guidelines of the External Affairs Ministry which required a processing time of at least three months.

The court had earlier directed the IO to furnish a report regarding the procedure to secure the victim’s presence before the court for recording her statement in the absence of mutual legal assistance treaty between India and Denmark. The court’s direction had come after the IO had informed it that the summon issued to the woman has returned unserved as India does not have a mutual legal assistance treaty (MLAT) with Denmark. The six adult accused Mahendra alias Ganja, 24, Mohd Raja, 22, Raju, 23, Arjun, 21, Raju Chakka, 22, and Shyam Lal, 55, are in judicial custody and facing trial. The eight accused have been booked under sections 376(2)(g) (gangrape), 397 (robbery or dacoity, with attempt to cause death or grievous hurt) and 392 (robbery) of the IPC.

Read more at: http://indiatoday.intoday.in/story/danish-woman-gangrape-case-prosecution-witnesses-statements/1/426619.html

New Delhi, March 31:

Entry tickets to museums, zoo and tiger reserves would become cheaper, while business class air travel, investment in MFs and chit funds would become expensive with some of the service tax proposals announced in the Budget coming into effect from tomorrow.

Finance Minister Arun Jaitley had come out with a host of proposals last month to rationalise service tax, which is levied at an effective rate of 12.36 per cent.

These also include raising the rate to 14 per cent, but that will come into effect from a date to be notified later by the government after the passage of the Finance Bill by Parliament.

However, the proposals which will come into effect from April 1, 2015, include tax exemption granted to services like admission to a museum, zoo, national park, wild life sanctuary and a tiger reserve.

Similarly, life insurance scheme Varishtha Pension Bima Yojna, ambulance service, retail packing of fruits and vegetables, too will not attract service tax levy.

On the other hand, air travel will become expensive as service tax will now be levied on 60 per cent of the value of the ticket as against 40 per cent now.

“At present, service tax is payable on 40 per cent of the value of air transport of passenger for economy as well as higher classes, for example, business class.

“The abatement for classes other than economy is being reduced and service tax would be payable on 60 per cent of the value of such higher classes,” said the memorandum to the Finance Bill, adding that the proposal will come into effect from April 1, 2015.

Services provided by Mutual Fund agents, marketing of lottery tickets, departmentally run public telephone and free telephone calls from airport and hospitals will be subject to payment of service tax.

With regard to chit funds, the service tax will be paid by the chit fund foremen at full consideration received by way of fee, commission or any such amount.

They, however, would be entitled to claim Cenvat credit.

As part of the rationalisation programme, construction services will be exempted from payment of the levy from April 1, 2015 if the service is provided to the government with regard to historical monument, irrigation work, water supply and sewage treatment plant.

Exemption provided to construction, erection, commissioning or installation of original works pertaining to an airport or port will be withdrawn from April 1.

Services provided by folk or classical artists will be exempted from the levy provided the amount charged is less than Rs 1 lakh.

Service tax exemption to transportation of ‘food stuff’ by rail, or vessels or road will be limited to transportation of foodgrains, including rice and pulses, flours, milk and salt only.

The transport of other items, however, will become expensive.

CBI today arrested another person from Odisha who allegedly shot a sex video without the consent of the girl and circulated it on social media.

This is the second arrest in the cases handed over by the Supreme Court which has taken suo-motu cognisance of a letter written by Hyderabad-based NGO to Chief Justice of India H K Dattu.

The NGO also annexed nine videos of separate sexual offences being circulated on social media in a pen drive. The apex court had ordered CBI to start probe in the cases.

CBI sources said 30-year-old Debashis Dev was arrested from Cuttack for allegedly shooting the sex video of the victim without her consent and circulating it on social media.

Earlier this month, CBI had arrested property dealer Subrat Sahu alias Kalia from Bhubaneswar who has purportedly figured in the video clip.

The sources said a case against Dev has been registered under 292 (Obscene and indecent advertisement and display), 354-C (Voyeurism) and provisions of violation of Information Technology Act on the directions of the Supreme Court.

In none of the cases, it is not clear the time and place of crime, identity of victim and offenders who are appearing in the video.

CBI sources said the case was registered on charges of common intention, propagating obscene material and assault to woman with intent to outrage her modesty under provisions of Indian Penal Code besides provisions of Information Technology Act related to violation of privacy and publishing or transmitting obscene material in electronic form.

Besides this case, the agency has registered six FIRs of alleged gangrape and one FIR of rape while a Preliminary Enquiry has also been registered. The FIRs related to gangrape and rape, the agency has also invoked sections of abduction.