Crime
SC rules blanket ban on listing bail pleas infringes upon personal liberty of incarcerated
NEW DELHI, (PTI): A blanket ban on the listing of pleas for bail or suspension of sentence infringes upon the right of personal liberty of the incarcerated, the Supreme Court has said and observed that by giving such orders a Rajasthan High Court judge went ”beyond his allocated judicial business”.
The apex court made the remarks in a rare case where the Rajasthan High Court approached the Supreme Court against two orders of its own judge.
One order was passed on March 31 last year directing the registry to not list bail pleas, appeals, applications for suspension of sentence and revisions in the category of extreme urgent matters till the Centre lifts the nationwide complete lock down imposed due to COVID-19 pandemic.
The other order by the same judge, which was challenged by the High Court was of May 17, 2021, in which police were directed not to make arrests till July 17 for offences entailing up to a three-year jail term.
A bench of Justices L Nageswara Rao and Aniruddha Bose said, ”In our view, orders under appeal passed on March 31, 2020 and May 17, 2021 encroached upon the administrative power of the Chief Justice of the High Court of Rajasthan in the matter of allocation of business to judges of that Court”.
The bench, while referring to various verdicts of the top court said the position of the chief justice for allocation of business to the individual judges’ stands well established in the light of the decisions of the top court.
”Apart from this jurisdictional issue, on which we find the single judge went beyond his allocated judicial business, a blanket order prohibiting listing of bail applications or applications for suspension of sentence in appeals also infringe upon the right of personal liberty of incarcerated persons,” the bench said in its recent verdict.
It said such right has been taken away by judicial order, without compliance of procedure established by law, which in constitutional jurisprudence, is akin to ”the due process dictum”.
”Right to apply for bail is an individual right implicit in Articles 14, 19 and 21 of the Constitution. The right of an accused, an under trial prisoner or a convicted person awaiting appeal court’s verdict to seek bail on suspension of sentence is recognized in Sections 439, 438 and 389 of the CrPC,” the bench said.
It said the factors guiding appeal provision is contained in the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 and if there is a blanket ban on listing of these applications, even for offences with lesser degree of punishment that would effectively block access for seekers of liberty to apply for bail and in substance suspend the fundamental rights of individuals in or apprehending detention. Senior advocate Vijay Hansaria, who represented the High Court, had contended that decisions for listing of matters by fixing the roster rest with the chief justice of a high court and such administrative power cannot be appropriated by any bench.
Dealing with the jurisdiction of the judge to pass such orders, the bench said, ”Such sweeping orders in our adversarial adjudicatory system would be contrary to law as many persons would be impacted by such orders without having any knowledge of the proceeding”.
The top court said, ”It was also improper for the single judge to come to a general finding that when there is complete lockdown the bail applications, appeal under SC/ST Act and applications for suspension of sentence in appeals and revisions could not be considered to be matters of extreme urgency.” ”The orders were passed in relation to criminal matters and would have had adverse effect on those suffering or anticipating pre-trial detention or convicts awaiting their appeals. There could be individual cases of extreme urgency for undertrial prisoners or convicts also to apply for bail, upon suspension of sentence for the latter category of litigants.” The top court held that in the impugned orders, the judge ”was in error” in picking up the categories of litigations and arrived at a finding that these categories of cases could not be considered to be of extreme urgency.
”It was also not within his jurisdiction to direct the Registrar (Judicial) not to list bail, appeals and applications for suspension of sentence in appeals and revisions in the category of extreme urgent matters,” it said.
The Supreme Court said that in passing such an order, the judge had assumed administrative jurisdiction of the chief justice to allocate business to individual judges of the court.
”Also, by issuing such sweeping directions, decision has been taken which should have been left to be decided by the respective Benches for determining as to whether the specific cases fell in the category of extreme urgent matters warranting listing, even during the pandemic,” the bench said.
Both the orders of the judge were earlier stayed by the top court on April 3, 2020 and on May 25, 2021.
The SC said though the impact of the orders under appeal no more survives, it has decided to express its opinion on the subject-controversy as the directions issued had the potential for breaching the constitutional and legal rights of individuals who could be or are arraigned in criminal action and also put fetters on power of investigating agencies. (PTI)
Crime
Divya Pahuja loved to live life in the fast lane: Slain model’s former “colleague” Rayya Labib reveals chilling details
NEW DELHI: Actor Rayya Labib while reacting to the murder of ex-model Divya Pahuja claimed that Pahuja loved to live life in the fast lane and she was arrogant, hot-headed and would snap at others at the drop of a hat.
“While we were struggling for work and shoots, she wanted to make it big at any cost and mint money even if it meant crossing the yellow line,” Rayya who had worked on some modeling assignments with Pahuja in Delhi about eight years ago, said. Pahuja was a model before she was arrested for her involvement in the murder of a gangster, who was killed by the Haryana police in Mumbai in a fake encounter, at the behest of another rival gangster.
Former model and murder accused Divya Pahuja was found dead in a Gurugram hotel on Tuesday (January 2). CCTV footage from the hotel’s surveillance system where the model was allegedly killed showed the suspects, including the hotel owner, dragging the body before stuffing it in the trunk of a BMW car.
According to media reports, the former model was found dead, allegedly killed by a Gurugram hotel owner Abhijeet Singh. CCTV grabs captured disturbing scenes as the suspects dragged her body and dumped it in a BMW car before fleeing.
Divya was the girlfriend of slain gangster Sandeep Gadoli, who was killed in a controversial encounter in 2016 in a hotel in Mumbai. Divya was the prime accused in the case, along with her mother and some Haryana cops, was granted bail by the Bombay High Court after spending nearly seven years in prison. Divya’s parents and family have claimed it’s Gadoli’s men who committed the crime as revenge, but hotelier Abhijeet Singh who was arrested told the cops during investigation that Divya was extorting money from him and he killed her in a fit of rage, after a fight regarding some personal photos, which Divya was blackmailing him with and extorting money from him.
Rayya has claimed that Divya was a wild one and would do anything to make money. “The allegations of extortion against her by the hotel owner are quite possible and it’s not surprising that she got into trouble again within months of being released from Byculla jail in Mumbai after seven years,” Rayya told this website.
MUMBAI: In a significant development, the cute, talented and bubbly 21-year-old actor Saba Ali Khan who has done several regional movies particularly in the South (Tamil and Telugu) and Bhojpuri is now once again back with a bang with a new mega project in her bag.
She has been signed on by director Maneesh F Singh for a movie inspired by the sensational and horrific murder story of Shraddha Walkar – who was murdered (and her body cut up into several pieces) by her live-in boyfriend Aftab Poonawala.
While Singh refused to share any details about the project, sources said its a mega-budget film and the estimated spend is around Rs 350 to Rs 400 crore. Singh’s production house Vrindaavan Films had announced the movie a year ago, but it hit a roadblock after a court threw a spanner into the making of the movie script. Now with all permissions and approvals in place, Singh is all set to take his project to the ultimate conclusion and begin shooting for the project next month.
Coming back to Saba Ali Khan, she is not new to controversy. The actress who has done hundreds of music videos, besides films, left a lucrative and flourishing career to get married to a businessman – something which was widely reported in the press.
However, what was not mentioned or covered later on was the fact that the actress divorced after less than 10 days of her marriage in very depressing circumstances; and while she has refused to speak about it, her close friend revealed that Saba was trapped in a Love Jihad-like situation with a fanatic man who lied to her from day one.
Luckily, her parents and family supported her completely and she was able to get a divorce and is now back to work. According to director Maneesh F Singh, “when I heard about Saba Ali Khan’s situation and divorce, I immediately decided to sign her on as the main lead for my movie, which is inspired by the gruesome and dastardly murder of Shraddha Walkar that stunned the nation last year.”
For those who came in late, Singh had announced the movie last year, but was forced to put it on the back-burner after a case was filed about the privacy rights of the murder accused Aftab Poonawala. Now with the stay lifted and the case dismissed, Singh will start shooting the movie after Diwali next month, he said, adding that Saba Ali Khan has been signed on in the main lead role for the project. He however refused to reveal the name of the film, saying that he will speak to the media at the right time.
MUMBAI: Director and producer Maneesh F Singh who is making a film on the shocking Shraddha Walkar murder case that stunned the entire nation last year, Saturday announced that the story, script and screenplay was ready and finalised and the film will hit the floors very soon.
It will be shot in Mumbai, Delhi and other parts of Maharashtra, where the main characters of the film, the victim Shraddha Walkar and her boyfriend Aftab Poonawala travelled.
In November last year, Singh had said that he had started work on the script for a film inspired by the murder of Shraddha Walkar by her own live-in boyfriend Aftab Amin Poonawalla.
At that time Singh told this reporter his film will cover all aspects of the gruesome murder, including the ‘love jihaad’ angle.
He had instructed his team to start work on the project and the entire team of Vrindaavan Films was on the job, since November. ”The working title of the project is “Who killed Shraddha Walkar?,” Singh revealed.
MUMBAI: Actor Rayya Labib who was present at the club at Vile Parle in suburban Mumbai, when a nasty argument took place between social media influencer Sapna Gill and batsman Prithvi Shaw had earlier said that it was Sapna Gill who instigated and caused the fight. “She is completely to blame for what happened, it seems this was pre-planned,” Rayya said.
“I had said the same thing two days earlier. I was present at the venue when the incident took place. Now the Oshiwara police have got hold of a video clip from the hotel where Gill is heard asking her accomplices Shobhit Thakur (21) and six others allegedly to get a baseball bat, knife, and other weapons to attack the cricketer and his friends. In fact, even Shobit Thakur’s mother told the police that it was Gill who provided Thakur and others with alcohol, making them drunk. Thakur’s mother has also blamed Gill. This is her modus operandi. She preys on celebrities like Shaw or other businessmen and blackmails them. I said this two days earlier and now the police have found evidence in this regard and have added Section 387 of the IPC to the case,” Rayya Labib said in a statement issued today.
Adding that Sapna Gill has tried to blackmail businessmen in the past, Rayya said that the police must investigate all other angles.
“This is a professional blackmail job. Her friends tried to manhandle Shaw even inside the restaurant. They literally pulled him and tried to click videos with him which angered him. They knew he was having a private dinner with his friends, they do this to others and then demand money from them,” Rayya Labib alleged.
Crime
Sapna Gill and her goons’ motive was to extort money from Prithvi Shaw, wanted to file fake molestation case against cricketer: Rayya Labib
MUMBAI: Even as the Andheri magistrate’s court in suburban Mumbai, Friday remanded social media influencer Sapna Gill to police custody till February 20 for allegedly manhandling Indian cricketer Prithvi Shaw and attacking his car, following a row over clicking of selfies, actor Rayya Labib alleged that Gill wanted to file a molestation case against Shaw and extort money from him.
“Gill told the court (when she was produced for remand) that Shaw hit her on her chest and arms. She is trying to make out a case of molestation and assault against Shaw by alleging that she was touched violently on her breasts. This is when she herself tried to extort money from the cricketer,” Rayya Labib who saw the commotion at the restaurant with her own eyes, told this reporter. According to Rayya, Gill and her cronies were trying to trap Shaw in a fake case and extort money, but they were no match for the long arm of the law.
Two more persons have been detained in the case by the Oshiwara police and are likely to be arrested tonight. The cops are questioning them to ascertain their involvement in the extortion and physical abuse matter.
Gill’s lawyer has stated that she is the real victim and that she was manhandled and pushed about by Shaw and his friends.
The police also invoked Indian Penal Code section 387 (putting a person in fear of death or of grievous hurt in order to commit extortion) against Gill and added the criminal section to the original charges of rioting and extortion.
The alleged incident had taken place early Wednesday morning outside a luxury hotel in suburban Santacruz. Based on a complaint lodged by Shaw’s friend and flatmate Ashish Yadav, Oshiwara Police registered a case against Gill, her friend Sohbit Thakur and six others under Indian Penal Code sections 143 (unlawful assembly), 148 (rioting), 384 (extortion), 506 (criminal intimidation).
Gill, the only arrested accused in the case, was produced before a magistrate court. During the remand hearing, police said the co-accused in the case were absconding. They have applied or trying to apply for anticipatory bail, it is learnt.
The investigating officer told the court that Thakur and Gill approached Shaw for a selfie at the hotel. Initially, the cricketer obliged them. But when they insisted on clicking more selfies, he declined, after which Gill and Thakur started misbehaving with the cricketer, he alleged.
The hotel manager intervened and asked Gill and Thakur to leave premises.
Shaw and his friend Yadav then had dinner at the hotel. When they were stepping out of the place along with Shaw’s another friend, they saw Thakur standing outside with a baseball bat in hand, the official told the court, citing Yadav’s complaint.
After they sat in their car, the accused attacked its windshield with the baseball bat. Shaw was also manhandled by Gill. Sensing more trouble, the cricketer was shifted to another car while Yadav and others drove his vehicle to Oshiwara, the IO told the magistrate.
Yadav then saw three motorcycles and a white car chasing their vehicle. Around 4 am, those following him attacked his car when it was taking a U-turn near a petrol pump on Link Road. Thakur, who was one of them, broke the rear windshield with the baseball bat, the IO said.
The six persons on the motorcycles along with Gill and Thakur who were in another car abused Yadav, the IO added.
Yadav then took the car to Oshiwara police station. The eight accused also followed them there. Gill demanded that Yadav pay Rs 50,000 to settle the matter or else she would lodge a false police complaint against them, the investigating officer said.
Opposing the police’s remand plea, Gill’s lawyer Ali Kaashif Khan Deshmukh said Gill was the victim and not the cricketer.
She should have been filing the case against the cricketer, but he used his “muscle power”, the lawyer alleged.
Gill too addressed the court directly, stating that all the allegations against her were false and ”he (Shaw) hit me on the chest and arms.” On the claim that the incident took place after she asked for a selfie with Shaw, Gill said, ”I do not know him, nor I have ever seen him. I never asked for a selfie with him.” She also accused Shaw of being inebriated.
Metropolitan magistrate, Andheri court, C P Kashid after hearing both the sides remanded Gill in police custody.
Crime
After Sapna Gill arrest, one more popular female Instagram influencer booked, may be arrested soon?
MUMBAI: After the arrest of Instagram influencer Sapna Gill and seven others for thrashing the car of cricketer Prithvi Shaw by the Oshiwara police in suburban Mumbai, one more female influencer is likely to be booked soon.
The police are investigating the complaint filed by a woman director and producer based at Lokhandwala in Mumbai, who has alleged that the influencer outraged her modesty and abused and threatened her online.
After carrying out a preliminary enquiry we will register the FIR based on the instructions of our seniors, a police official said, confirming that they have received the written complaint of the victim who was harassed online after the influencer shared her personal mobile numbers on the social media networking site.
According to the victim’s complaint, a copy of which has been accessed by this website, the victim blocked the influencer on Instagram and WhatsApp after the latter used very threatening, abusive and vulgar language with her during a misunderstanding on some work-related issue.
Angered by the fact that she was blocked, the accused woman went ahead and posted vulgar comments on her own Instagram page against the victim and made public the victim’s personal mobile numbers, after which she began getting calls from unknown numbers asking for sexual favours and her charges for sex. The police are investigating this case.
The accused influencer in her post told viewers to contact the victim for sex and mentioned her personal mobile numbers in the post.
Meanwhile, Sapna Gill and seven others Thursday were arrested by the Oshiwara Police station, after a case of rioting, criminal intimidation and extortion was registered against them for allegedly attacking Indian cricketer Prithvi Shaw’s car with a baseball bat following a tiff over taking selfies outside a restaurant near Vile Parle East off the Western Express highway.
Sapna Gill will be produced in court on Friday.
The Oshiwara police in suburban Mumbai registered a case against the eight accused including Sapna Gill under Indian Penal Code (IPC) sections 143 (unlawful assembly), 148 (rioting), 384 (extortion), 506 (criminal intimidation) and others.
Crime
“Sapna Gill and some guys were waiting outside the venue, one had a baseball bat in hand,” Rayya Labib supports Prithvi Shaw in ‘selfie’ attack case
MUMBAI: In the ‘selfie’ attack case, actor Rayya Labib has spoken up in support of cricketer Prithvi Shaw, saying she saw some persons troubling the cricketer at the restaurant.
“Later on the same persons who were removed from the premises by the bouncers and security were seen standing outside along witb others and one of them was holding a baseball bat in his hand,” Rayya explained.
According to her, she was at the same place at Barrel Mansion club at Vile Parle East near the Santacruz domestic airport and was almost leaving, when she saw some commotion happening and shouting and noticed that a woman and one more person was hassling cricketer Prithvi Shaw.
“I did not recognize Sapna Gill at first as I do not know her. I was in a hurry and was leaving the venue, so I do not know what happened after that and the car chase and assault on the road and all. I believe Sapna Gill should not have troubled Shaw for the selfies. This is wrong. I know that some influencers will do crazy things to make reels and take photos and selfies and I am sure whatever happened was somewhere started by Gill and her friends. They should have left Shaw alone and apologized and left,” Rayya said adding that it was Sapna Gill and her group that started the commotion and fight in the first place.
“Shaw and his group did not first approach Sapna or her friends, it was the other way around. Her friends were actually trying to shoot reels or videos with the cricketer, which angered him as he was having a private dinner with his group,” Rayya revealed.
According to media reports, social media influencer Sapna Gill was on Thursday arrested by the Mumbai Police (Oshiwara Police station), after a case of rioting, criminal intimidation and extortion was registered against her and seven others for allegedly attacking Indian cricketer Prithvi Shaw’s car with a baseball following an argument over taking selfies with him outside a luxury hotel at Santacruz.
According to reports, Sapna Gill’s medical was completed after the arrest and she will be produced in court on Friday.
The Oshiwara police in suburban Mumbai registered a case against the eight accused including Sapna Gill under Indian Penal Code (IPC) sections 143 (unlawful assembly), 148 (rioting), 384 (extortion), 506 (criminal intimidation) and others.
Meanwhile, in a new development, Gill’s lawyer has filed a counter-complaint against Shaw alleging that in fact it was his client who was attacked by Shaw and his friends and not the other way round.
MUMBAI, (PTI): A special investigation team will be set up to probe the murder of journalist Shashikant Warishe in Ratnagiri district earlier this week, Maharashtra Deputy Chief Minister Devendra Fadnavis said on Saturday.
Warishe (48) was mowed down by an SUV allegedly driven by land dealer Pandharinath Amberkar on February 6 and died in hospital the next day.
Amberkar, arrested for murder, allegedly used to threaten any person who opposed land acquisition for a proposed refinery in the area.
An article written by Warishe against Amberkar had appeared in a local Marathi newspaper on the morning of the incident, which took place near a petrol pump in Rajapur, some 440 kilometres from Mumbai.
A statement released from Fadnavis’ office said the police administration in the state has been directed to set up the SIT.
The SIT will be headed by a high-ranking official, the statement from the Deputy CM’s office said.
Journalists in Mumbai had protested near Mantralaya on Friday and had sought the formation of an SIT as well as slapping of the stringent Maharashtra Control of Organised Crime Act (MCOCA) against the accused. (PTI)
Soft Porn actor Gaurav Kamlesh Singh Rajput accused of Rape, Blackmail: FIR registered
Rayya Labib posts video for Salman Khan, Insta deletes it within 5 minutes
Goa: Almost non-existent internet connectivity in Nirankal, Panchwadi bothers students, businessmen
R G Kar Medical College principal was trafficking cadavers: Goa social worker Dessai backs claims of Ex Dy Superintendent Ali
SMC Councillor Spreads Rumors About Mithil Dessai’s Political Plans, Gets Trolled
Sangeum extortion case: Babu Kavlekar coaxed me to accuse Phal Dessai, alleges Mithil Ulhas Dessai
Dolly chaiwalla is a conman, actor Jayshree Gaikwad alleges Nagpur influencer cheated several celebs
Sangeum MLA Subhash not bothered about the Sports Complex, alleges Mithil Ulhas Dessai
Stray dog aggression in Goa reaches an all-time high: Bollywood actor Jayshree Gaikwad attacked by dogs on Benaulim beach
Jaishankar meets Qatar PM to strengthen New Delhi-Doha ties, discuss regional issues
Assagao Demolition: Rs Ten Crore Hush Money As “Settlement”, Middleman Politician Gets Rs 3 Crore?
After tasting defeat in State and LS polls, is Babu Kavlekar trying to return to the Congress?
“We Sangekars” to promote Betel Nut cultivation as a source of income for youth
Micro plastics, pollutants detected in groundwater sources in Sanguem
Actor Jayashree Gaikwad files complaint with Mumbai police regarding fake videos
Benaulim ZP polls: Rebellion brews among residents, even as Cong, AAP leaders meet
Warren Alemao says Congress can win, must go alone for ZP polls in Benaulim
Dog Terror: After stray dog attack on Colva beach, Bollywood actor Rayya Labib hospitalized due to medical complications
Iranian Prez Ebrahim Raisi’s Chopper Tampered, Sabotaged? Reasons For Crash, How Did Raisi’s Helicopter Crash?
Bollywood actor Rayya Labib attacked by stray dogs at Colva beach
Doesn’t matter if I go to jail, what matters is Constitution should be saved: Kejriwal
