The Bombay High Court has directed businessman Vijay Mallya to return to India, warning that his plea may not be heard otherwise.


Bombay HC tells Vijay Mallya to return to India before challenging fugitive offenders law

Bombay High Court, in a significant development, on Tuesday (June 25) granted bail to the 17-year-old accused in the Pune Porsche crash case that claimed the lives of two software engineers last month. The teen, who was driving the high-powered vehicle, was allegedly under the influence of alcohol, will now be placed under the care and supervision of his aunt.

Pune Porsche case: Bombay HC releases Pune Porsche crash minor accused

In a landmark decision, the Bombay High Court has ruled against a petition that aimed to ban Pakistani artists from working or even performing in India.

Bombay HC: Pakistani artists can work in India

The Bombay High Court, in a landmark decision, has dismissed a petition seeking a comprehensive ban on Indian citizens, companies, and associations from engaging Pakistani artists, including actors, singers, musicians, lyricists, and technicians.

A division bench of Justice Sunil B Shukre and Justice Firdosh P Pooniwalla firmly stated that the petition represents a "retrograde step in promoting cultural harmony, unity, and peace, and has no merit in it."

The petitioner, a cine worker, had sought directions from the Information and Broadcasting Ministry, the Ministry of External Affairs, and the Ministry of Home Affairs to issue appropriate notifications imposing a ban and prohibiting the granting of visas to Pakistani artists working in India.

The plea cited the resolution passed by the All-Indian Cine Workers Association (AICWA) in the aftermath of the Pulwama terror attacks, along with similar resolutions by the Indian Motion Pictures Producers Association (IMPPA) and the Federation of Western Indian Cine Employees (FWICE), which banned Pakistani artists from the Indian film industry. The MNS Cinema Wing also cautioned filmmakers against hiring Pakistani artists.

Advocate Vibhav Krishna, representing the petitioner, argued that allowing Pakistani artists to work in India could lead to discrimination against Indian artists. He contended that the favourable environment available to Pakistani artists in India is not reciprocated for Indian artists in Pakistan. According to Krishna, the ban is essential to prevent the exploitation of commercial opportunities by Pakistani artists in India, which could potentially deprive Indian artists of similar opportunities.

Also read:&nbsp;<a href="https://www.wionews.com/entertainment/bollywood/news-indian-actor-dalip-tahil-sentenced-to-2-months-of-jail-for-2018-drunk-driving-case-649840">Indian actor Dalip Tahil sentenced to 2 months of jail for 2018 drunk driving case</a>

However, the Bombay High Court deemed the petitioner's stance misplaced, emphasising the importance of cultural harmony and peace between nations. The court underlined that patriotism should not breed hostility but, rather, should foster unity and cultural exchanges.

The court further pointed out that the resolutions passed by private associations, although expressing a sentiment, lacked statutory force and could not be enforced through judicial orders. The judges asserted that enforcing such bans would contravene the fundamental rights guaranteed under Articles 19(1)(a), 19(1)(g), and 21 of the Constitution.

Additionally, the court highlighted the "positive steps" taken by the Indian government in promoting international peace and security. It cited the example of allowing the Pakistani cricket team to participate in the World Cricket Cup held in India, asserting that entertaining such petitions would undermine such efforts.

WATCH WION LIVE HERE

<iframe allow="accelerometer; autoplay; encrypted-media; gyroscope; picture-in-picture" allowfullscreen="" frameborder="0" height="350" loading="”lazy”" src="https://www.wionews.com/live-tv/embed?autoplay=1&amp;mute=1" width="100%"></iframe>

You can now write for wionews.com and be a part of the community. Share your stories and opinions with us <a href="https://www.wionews.com/content-contribution-registration-form">here</a>.

The Bombay High Court, in a landmark decision, has dismissed a petition seeking a comprehensive ban on Indian citizens, companies, and associations from engaging Pakistani artists, including actors, singers, musicians, lyricists, and technicians.

The Bombay High Court, in a landmark decision, has dismissed a petition seeking a comprehensive ban on Indian citizens, companies, and associations from engaging Pakistani artists, including actors, singers, musicians, lyricists, and technicians. A division bench of Justice Sunil B Shukre and Justice Firdosh P Pooniwalla firmly stated that the petition represents a "retrograde step in promoting cultural harmony, unity, and peace, and has no merit in it." The petitioner, a cine worker, had sought directions from the Information and Broadcasting Ministry, the Ministry of External Affairs, and the Ministry of Home Affairs to issue appropriate notifications imposing a ban and prohibiting the granting of visas to Pakistani artists working in India. The plea cited the resolution passed by the All-Indian Cine Workers Association (AICWA) in the aftermath of the Pulwama terror attacks, along with similar resolutions by the Indian Motion Pictures Producers Association (IMPPA) and the Federation of Western Indian Cine Employees (FWICE), which banned Pakistani artists from the Indian film industry. The MNS Cinema Wing also cautioned filmmakers against hiring Pakistani artists. Advocate Vibhav Krishna, representing the petitioner, argued that allowing Pakistani artists to work in India could lead to discrimination against Indian artists. He contended that the favourable environment available to Pakistani artists in India is not reciprocated for Indian artists in Pakistan. According to Krishna, the ban is essential to prevent the exploitation of commercial opportunities by Pakistani artists in India, which could potentially deprive Indian artists of similar opportunities. Also read: Indian actor Dalip Tahil sentenced to 2 months of jail for 2018 drunk driving case However, the Bombay High Court deemed the petitioner's stance misplaced, emphasising the importance of cultural harmony and peace between nations. The court underlined that patriotism should not breed hostility but, rather, should foster unity and cultural exchanges. The court further pointed out that the resolutions passed by private associations, although expressing a sentiment, lacked statutory force and could not be enforced through judicial orders. The judges asserted that enforcing such bans would contravene the fundamental rights guaranteed under Articles 19(1)(a), 19(1)(g), and 21 of the Constitution. Additionally, the court highlighted the "positive steps" taken by the Indian government in promoting international peace and security. It cited the example of allowing the Pakistani cricket team to participate in the World Cricket Cup held in India, asserting that entertaining such petitions would undermine such efforts. WATCH WION LIVE HERE You can now write for wionews.com and be a part of the community. Share your stories and opinions with us here.

Bombay HC rejects plea to ban Pakistani artists from working in India

Aryan Khan's bail plea will be heard again by the Bombay High Court on Thursday. Aryan is Bollywood superstar Shah Rukh Khan's son and has been arrested by the Narcotics Control Bureau (NCB) in the drugs seizure case earlier this month.&nbsp;

During arguments on Tuesday, former Attorney General Mukul Rohatgi argued that Aryan Khan was a "young man" who should be sent to rehab rather than jail.

The 23-year-old star son was arrested on October 3 after a drugs raid on a cruise ship party by Narcotics Control Bureau officers in disguise.

At present, Aryan is lodged at the Arthur Road Jail along with another accused Arbaaz Merchant. Whereas, Munmun Dhamecha is at Byculla women prison. The hearing will resume on Thursday afternoon.

Rohatgi, who appeared for Aryan Khan, told the court on Tuesday that his client was invited to the cruise as a special guest.

He told the court that there was "no case of possession of drugs" against Aryan Khan and that he was arrested wrongly. He also said, "it was a fit case for bail".

Rohatgi said the law provides a maximum of one year of imprisonment for small quantities of drugs.

"Law provides that for small quantities, the maximum punishment is one year of imprisonment. For consumption, there is rehabilitation as per law," Rohatgi argued on behalf of Aryan Khan.

"Aryan Khan was invited by one Pratik Gaba. He was like an organiser. He invited accused 1 Aryan and accused 2 Arbaz Merchant. Both were invited by the same person. They both landed up together at the cruise terminal," Rohtagi said.

"It appears that NCB had some prior information that people on this cruise were having drugs so they were present in a certain strength. My client, Arbaz and many others were apprehended. A search was conducted and nothing was recovered from the accused 1 (Aryan Khan). No medical at any point was conducted to ascertain if he has taken any drug," he added.

Rohatgi said six grams of charas was recovered from accused number 2 (Arbaz Merchant) and Aryan had no relation with him except for arriving with him there."There was no recovery. There was no proof of consumption," he said."Many others were found with some amount of drugs so they allege that there was a general conspiracy. They are not charging me with consumption or possession but with conspiracy and conspiracy not with Arbaz but others," the former AG argued on behalf of Aryan Khan in the courtroom arguing before Justice Nitin Sambre.

Aryan Khan was arrested on October 3. An NCB team busted an alleged drugs party on the Cordelia Cruise ship which was on its way to Goa at mid-sea on October 2. A total of 20 people, including two Nigerian nationals, have been arrested so far in the case.

Aryan Khan`s bail plea was rejected by the special court on October 20 in the case following which his judicial custody in the matter got extended till October 30. Khan approached the Bombay High Court for an urgent bail hearing.(ANI)

Aryan Khan's bail plea will be heard again by the Bombay High Court on Thursday. Aryan is Bollywood superstar Shah Rukh Khan's son and has been arrested by the Narcotics Control Bureau (NCB) in the drugs seizure case earlier this month.

Aryan Khan's bail plea will be heard again by the Bombay High Court on Thursday. Aryan is Bollywood superstar Shah Rukh Khan's son and has been arrested by the Narcotics Control Bureau (NCB) in the drugs seizure case earlier this month. During arguments on Tuesday, former Attorney General Mukul Rohatgi argued that Aryan Khan was a "young man" who should be sent to rehab rather than jail. The 23-year-old star son was arrested on October 3 after a drugs raid on a cruise ship party by Narcotics Control Bureau officers in disguise. At present, Aryan is lodged at the Arthur Road Jail along with another accused Arbaaz Merchant. Whereas, Munmun Dhamecha is at Byculla women prison. The hearing will resume on Thursday afternoon. Rohatgi, who appeared for Aryan Khan, told the court on Tuesday that his client was invited to the cruise as a special guest. He told the court that there was "no case of possession of drugs" against Aryan Khan and that he was arrested wrongly. He also said, "it was a fit case for bail". Rohatgi said the law provides a maximum of one year of imprisonment for small quantities of drugs. "Law provides that for small quantities, the maximum punishment is one year of imprisonment. For consumption, there is rehabilitation as per law," Rohatgi argued on behalf of Aryan Khan. "Aryan Khan was invited by one Pratik Gaba. He was like an organiser. He invited accused 1 Aryan and accused 2 Arbaz Merchant. Both were invited by the same person. They both landed up together at the cruise terminal," Rohtagi said. "It appears that NCB had some prior information that people on this cruise were having drugs so they were present in a certain strength. My client, Arbaz and many others were apprehended. A search was conducted and nothing was recovered from the accused 1 (Aryan Khan). No medical at any point was conducted to ascertain if he has taken any drug," he added. Rohatgi said six grams of charas was recovered from accused number 2 (Arbaz Merchant) and Aryan had no relation with him except for arriving with him there."There was no recovery. There was no proof of consumption," he said."Many others were found with some amount of drugs so they allege that there was a general conspiracy. They are not charging me with consumption or possession but with conspiracy and conspiracy not with Arbaz but others," the former AG argued on behalf of Aryan Khan in the courtroom arguing before Justice Nitin Sambre. Aryan Khan was arrested on October 3. An NCB team busted an alleged drugs party on the Cordelia Cruise ship which was on its way to Goa at mid-sea on October 2. A total of 20 people, including two Nigerian nationals, have been arrested so far in the case. Aryan Khan`s bail plea was rejected by the special court on October 20 in the case following which his judicial custody in the matter got extended till October 30. Khan approached the Bombay High Court for an urgent bail hearing.(ANI)

Aryan Khan's bail plea hearing to continue today in Bombay HC

The Bombay High Court on Thursday dismissed Bollywood star Kangana Ranaut's appeal seeking to quash a criminal defamation proceeding that was filed against her by lyricist Javed Akhtar last year.&nbsp;

In her verdict, Justice Revati Mohite-Dere upheld the discretionary orders of the Andheri Court Magistrate directing the police to probe into the allegations levelled by Akhtar against Ranaut, both stalwarts in the Indian film industry. 
 
Akhtar had slapped a defamation case against Ranaut and accused her of making defamatory statements against him on national and international television. Akhtar stated that it was a "clear campaign to tarnish and malign" him in the eyes of the people. 
 
The veteran writer alleged that Ranaut dragged his name in actor Sushant Singh Rajput`s death case. 
 
In March this year, the Magistrate issued a bailable warrant against Ranaut who appeared before the court and was granted bail, and in July she moved the high court challenging the proceedings initiated by the lower court. 
 
Ranaut is busy promoting her new film 'Thalaivi' - a biopic on former AIADMK chief and CM of Tamil Nadu, late J Jayalalitha. The film is scheduled to hit theatres on Friday.&nbsp;

The Bombay High Court on Thursday dismissed Bollywood star Kangana Ranaut's appeal seeking to quash a criminal defamation proceeding that was filed against her by lyricist Javed Akhtar last year.

The Bombay High Court on Thursday dismissed Bollywood star Kangana Ranaut's appeal seeking to quash a criminal defamation proceeding that was filed against her by lyricist Javed Akhtar last year. In her verdict, Justice Revati Mohite-Dere upheld the discretionary orders of the Andheri Court Magistrate directing the police to probe into the allegations levelled by Akhtar against Ranaut, both stalwarts in the Indian film industry. Akhtar had slapped a defamation case against Ranaut and accused her of making defamatory statements against him on national and international television. Akhtar stated that it was a "clear campaign to tarnish and malign" him in the eyes of the people. The veteran writer alleged that Ranaut dragged his name in actor Sushant Singh Rajput`s death case. In March this year, the Magistrate issued a bailable warrant against Ranaut who appeared before the court and was granted bail, and in July she moved the high court challenging the proceedings initiated by the lower court. Ranaut is busy promoting her new film 'Thalaivi' - a biopic on former AIADMK chief and CM of Tamil Nadu, late J Jayalalitha. The film is scheduled to hit theatres on Friday.

Bombay HC quashes Kangana Ranaut's plea against defamation case filed by Javed Akhtar

Fugitive businessman Vijay Mallya Monday told the Bombay High Court that confiscation of his properties under the newly-enacted Fugitive Economic Offenders Act (FEOA) was draconian and it will not help the creditors.&nbsp;

Mallya had last month approached the high court challenging a January 5 order of a special Prevention of Money Laundering Act (PMLA) court declaring him a fugitive economic offender under the FEO Act.

As per provisions of the Act, once a person is declared a fugitive, his properties can be confiscated by the prosecuting agency, Enforcement Directorate (ED). Mallya’s counsel Amit Desai on Monday told a division bench of Justices I A Mahanty and A M Badar that the ED confiscating the properties will not help the creditors.

“Confiscating is draconian. The need of the hour is to deal with the banks and creditors. Mallya does not want the properties to be returned to him. We are only saying that confiscation by the government is not going to solve the problems of the banks and creditors,” Desai said. The ED, while opposing the petition, argued that the object of the Act was to ensure the return of a person who is evading arrest in India.

“These proceedings are to ensure that these persons who commit fraud and leave the country are brought back. The moment Mallya returns to India, the provisions of this Act and the process initiated under it shall become null and void,” ED said. The bench has posted the petition for further hearing on April 24.

However, the next hearing on ED’s application before the special court, seeking permission to start confiscation proceedings, is scheduled for April 8.

Fugitive businessman Vijay Mallya Monday told the Bombay High Court that confiscation of his properties under the newly-enacted Fugitive Economic Offenders Act (FEOA) was draconian and it will not help the creditors.

Fugitive businessman Vijay Mallya Monday told the Bombay High Court that confiscation of his properties under the newly-enacted Fugitive Economic Offenders Act (FEOA) was draconian and it will not help the creditors. Mallya had last month approached the high court challenging a January 5 order of a special Prevention of Money Laundering Act (PMLA) court declaring him a fugitive economic offender under the FEO Act. As per provisions of the Act, once a person is declared a fugitive, his properties can be confiscated by the prosecuting agency, Enforcement Directorate (ED). Mallya’s counsel Amit Desai on Monday told a division bench of Justices I A Mahanty and A M Badar that the ED confiscating the properties will not help the creditors. “Confiscating is draconian. The need of the hour is to deal with the banks and creditors. Mallya does not want the properties to be returned to him. We are only saying that confiscation by the government is not going to solve the problems of the banks and creditors,” Desai said. The ED, while opposing the petition, argued that the object of the Act was to ensure the return of a person who is evading arrest in India. “These proceedings are to ensure that these persons who commit fraud and leave the country are brought back. The moment Mallya returns to India, the provisions of this Act and the process initiated under it shall become null and void,” ED said. The bench has posted the petition for further hearing on April 24. However, the next hearing on ED’s application before the special court, seeking permission to start confiscation proceedings, is scheduled for April 8.

Vijay Mallya tells Bombay HC: Confiscating properties draconian, not help creditors

The Maharashtra government told the Bombay High Court Thursday that it had demolished fugitive jeweller Nirav Modi’s illegal bungalow built along the beach at Alibaug in adjoining Raigad district.

Government counsel advocate P B Kakade also told a bench of Chief Justice Naresh Patil and Justice M S Karnik that it had served demolition notices to another 58 private properties in the area constructed in violation of the state’s rules and coastal zone norms.

He made the submissions in compliance with a previous order of the bench whereby, it had directed the government to submit details of all actions taken, and pending litigation concerning the illegal private constructions along the beaches in Alibaug, a coastal town popular with weekend tourists.

The state filed an affidavit in the court stating Modi’s illegal bungalow was demolished on December 5.

It also said 58 other properties were served with the demolition notice on December 4, and their owners asked to raze all illegal structures within a week’s time.

In the affidavit, the state submitted that the owners of around 61 such illegal private structures had managed to get stay orders on demolition from local civil courts.

However, it was planning to initiate legal action to get the stay orders lifted, the government submitted.

The bench took note of the state’s submissions and scheduled the matter for further hearing on December 20.

The bench was hearing a petition filed by an activist, Surendra Dhavale.

The plea had sought that the court direct the authorities to demolish all unauthorised constructions “within the low and high tide areas” in several villages in Alibaug.

As per the petition, such constructions had been carried out in violation of the Maharashtra Coastal Zone Management Authority rules and the state’s land laws.

As per the plea, there are around 175 such private residences in CRZ areas in villages such as Varsoli, Sasvane, Kolgaon and Dokvade, among others, belonging to several “wealthy persons, including Modi, and several businessmen and film actors”.

Nirav Modi, a key accused in the USD 2 billion Punjab National Bank fraud case, has fled the country.

The Maharashtra government told the Bombay High Court Thursday that it had demolished fugitive jeweller Nirav Modi’s illegal bungalow built along the beach at Alibaug in adjoining Raigad district.

The Maharashtra government told the Bombay High Court Thursday that it had demolished fugitive jeweller Nirav Modi’s illegal bungalow built along the beach at Alibaug in adjoining Raigad district. Government counsel advocate P B Kakade also told a bench of Chief Justice Naresh Patil and Justice M S Karnik that it had served demolition notices to another 58 private properties in the area constructed in violation of the state’s rules and coastal zone norms. He made the submissions in compliance with a previous order of the bench whereby, it had directed the government to submit details of all actions taken, and pending litigation concerning the illegal private constructions along the beaches in Alibaug, a coastal town popular with weekend tourists. The state filed an affidavit in the court stating Modi’s illegal bungalow was demolished on December 5. It also said 58 other properties were served with the demolition notice on December 4, and their owners asked to raze all illegal structures within a week’s time. In the affidavit, the state submitted that the owners of around 61 such illegal private structures had managed to get stay orders on demolition from local civil courts. However, it was planning to initiate legal action to get the stay orders lifted, the government submitted. The bench took note of the state’s submissions and scheduled the matter for further hearing on December 20. The bench was hearing a petition filed by an activist, Surendra Dhavale. The plea had sought that the court direct the authorities to demolish all unauthorised constructions “within the low and high tide areas” in several villages in Alibaug. As per the petition, such constructions had been carried out in violation of the Maharashtra Coastal Zone Management Authority rules and the state’s land laws. As per the plea, there are around 175 such private residences in CRZ areas in villages such as Varsoli, Sasvane, Kolgaon and Dokvade, among others, belonging to several “wealthy persons, including Modi, and several businessmen and film actors”. Nirav Modi, a key accused in the USD 2 billion Punjab National Bank fraud case, has fled the country.

Nirav Modi’s illegal bungalow in Alibaug razed, government informs Bombay high court

The Bombay High Court will resume in June the hearing on revision petitions filed by Rubabuddin Sheikh and the CBI, challenging the discharge of some senior police officers in the alleged fake encounter of his brother and gangster Sohrabuddin Shaikh.

Three pleas filed by Rubabuddin Sheikh and another two petitions filed by the Central Bureau of Investigation (CBI) were left part heard when the assignments of some judges in the high court were changed suddenly in February this year.

However, a single bench of Justice Nitin Sambre took up the pleas today and said that a schedule to conclude the hearing on the revision petitions will be drawn up on June 20 this year.

Justice Sambre also refused to grant any urgent hearing to Rajkumar Pandian, former IPS officer and one of the discharged accused in the case, on his request seeking permission to travel to Canada next month for a training.

At the time of change of assignments in February, a single bench presided by Justice Revati Mohite-Dere had been conducting hearings on the revision applications on a day-to-day basis.

The bench had completed the hearings on three out of the five pleas.While the change had led to much speculation, the registrar of the Bombay High Court had termed it as a “routine” exercise.

In March this year, Rubabuddin Sheikh’s lawyer, advocate Gautam Tiwari, mentioned it before the new bench presided by Justice Sambre and the pleas were fixed for hearing today.

Since February 9 this year, Justice Mohite-Dere had been conducting day-to-day hearings on the revision pleas filed by Sohrabuddin Sheikh’s brother, challenging the discharge of IPS officers D G Vanzara, Dinesh M N, and Rajkumar Pandian. The judge was also hearing the two revision applications filed by the CBI against the discharge of former Gujarat IPS officer N K Amin and Rajasthan police constable Dalpat Singh Rathod.

Justice Mohite-Dere had already heard a major chunk of arguments by all parties on four out of the five revision applications when on the evening of February 24, the assignments of the judges, including hers, were changed.

Senior advocate Mahesh Jethmalani, who is representing Vanzara, Amin, Pandian, and Dinesh M N, was to complete his arguments in favour of Pandian on the next day and the bench was to begin hearing arguments on the plea challenging Vanzara’s discharge after that.

Sohrabuddin Sheikh and his wife Kausar Bi were allegedly abducted and killed by a team of Gujarat and Rajasthan police officers in December 2005.

Their aide, Tulsiram Prajapati, was allegedly”killed” by some Rajasthan police officers a year later.A CBI probe termed both cases as that of fake encounters and charged 38 people as accused.Subsequently, a special CBI court in the city discharged 14 people, including the IPS officers and BJP president Amit Shah, in the case.

Sohrabuddin Sheikh and his wife Kausar Bi were allegedly abducted and killed by a team of Gujarat and Rajasthan police officers in December 2005.

The Bombay High Court will resume in June the hearing on revision petitions filed by Rubabuddin Sheikh and the CBI, challenging the discharge of some senior police officers in the alleged fake encounter of his brother and gangster Sohrabuddin Shaikh. Three pleas filed by Rubabuddin Sheikh and another two petitions filed by the Central Bureau of Investigation (CBI) were left part heard when the assignments of some judges in the high court were changed suddenly in February this year. However, a single bench of Justice Nitin Sambre took up the pleas today and said that a schedule to conclude the hearing on the revision petitions will be drawn up on June 20 this year. Justice Sambre also refused to grant any urgent hearing to Rajkumar Pandian, former IPS officer and one of the discharged accused in the case, on his request seeking permission to travel to Canada next month for a training. At the time of change of assignments in February, a single bench presided by Justice Revati Mohite-Dere had been conducting hearings on the revision applications on a day-to-day basis. The bench had completed the hearings on three out of the five pleas.While the change had led to much speculation, the registrar of the Bombay High Court had termed it as a “routine” exercise. In March this year, Rubabuddin Sheikh’s lawyer, advocate Gautam Tiwari, mentioned it before the new bench presided by Justice Sambre and the pleas were fixed for hearing today. Since February 9 this year, Justice Mohite-Dere had been conducting day-to-day hearings on the revision pleas filed by Sohrabuddin Sheikh’s brother, challenging the discharge of IPS officers D G Vanzara, Dinesh M N, and Rajkumar Pandian. The judge was also hearing the two revision applications filed by the CBI against the discharge of former Gujarat IPS officer N K Amin and Rajasthan police constable Dalpat Singh Rathod. Justice Mohite-Dere had already heard a major chunk of arguments by all parties on four out of the five revision applications when on the evening of February 24, the assignments of the judges, including hers, were changed. Senior advocate Mahesh Jethmalani, who is representing Vanzara, Amin, Pandian, and Dinesh M N, was to complete his arguments in favour of Pandian on the next day and the bench was to begin hearing arguments on the plea challenging Vanzara’s discharge after that. Sohrabuddin Sheikh and his wife Kausar Bi were allegedly abducted and killed by a team of Gujarat and Rajasthan police officers in December 2005. Their aide, Tulsiram Prajapati, was allegedly”killed” by some Rajasthan police officers a year later.A CBI probe termed both cases as that of fake encounters and charged 38 people as accused.Subsequently, a special CBI court in the city discharged 14 people, including the IPS officers and BJP president Amit Shah, in the case.

Bombay High Court to resume hearing on pleas of Sohrabuddin’s brother, CBI in June

Reluctance to report a sexual assault to police immediately does not mean the victim is lying, as Indian women would rarely make such false allegations, the Bombay High Court has said, upholding the conviction of four men for gang-rape.

Justice AM Badar earlier this week dismissed the appeals of Dattatraya Korde, Ganesh Pardeshi, Pintu Khoskar and Ganesh Zole, who had challenged a sessions court order of April 2013 sentencing them to 10 years in jail for gang-rape.

They were convicted of gang-raping a woman and thrashing her male friend on March 15, 2012, when the two were returning from Trimbakeshwar in Nashik district. The convicts claimed that they were framed up as they had seen the victim and her friend in a compromising position and threatened to take them to police for indecent behaviour.

The appeals sought to highlight that while the woman claimed that the incident took place on March 15, she lodged the complaint two days later. A medical examination had ruled out a rape since there was no injury on the woman's body, the appellants said.

The high court, however, upheld the conviction and sentence, citing a Supreme Court's observation in a past case that "rarely will a girl or woman in India make false allegations of sexual assault". The victim, who comes from a conservative section of society and who is separated from her husband, must have been afraid of stigma and "reflection on her chastity", Justice Badar said.

"She had fear of being looked down upon by the society including her parents... Being overpowered by a feeling of shame on account of gang-rape, her non-approaching a police station immediately...Cannot be said to be abnormal and throwing doubt on her version," the judge said.

Because of her secret excursion with a male friend, she must have felt that she would be branded as promiscuous if the incident came to light, the high court said. "Minor discrepancies" such as delay in lodging the complaint does not weaken her case, the court said.

The judge also held that a mere absence of injuries do not lead to the conclusion that there was no sexual assault.&nbsp

The judge also held that a mere absence of injuries does not lead to the conclusion that there was no sexual assault.

Reluctance to report a sexual assault to police immediately does not mean the victim is lying, as Indian women would rarely make such false allegations, the Bombay High Court has said, upholding the conviction of four men for gang-rape. Justice AM Badar earlier this week dismissed the appeals of Dattatraya Korde, Ganesh Pardeshi, Pintu Khoskar and Ganesh Zole, who had challenged a sessions court order of April 2013 sentencing them to 10 years in jail for gang-rape. They were convicted of gang-raping a woman and thrashing her male friend on March 15, 2012, when the two were returning from Trimbakeshwar in Nashik district. The convicts claimed that they were framed up as they had seen the victim and her friend in a compromising position and threatened to take them to police for indecent behaviour. The appeals sought to highlight that while the woman claimed that the incident took place on March 15, she lodged the complaint two days later. A medical examination had ruled out a rape since there was no injury on the woman's body, the appellants said. The high court, however, upheld the conviction and sentence, citing a Supreme Court's observation in a past case that "rarely will a girl or woman in India make false allegations of sexual assault". The victim, who comes from a conservative section of society and who is separated from her husband, must have been afraid of stigma and "reflection on her chastity", Justice Badar said. "She had fear of being looked down upon by the society including her parents... Being overpowered by a feeling of shame on account of gang-rape, her non-approaching a police station immediately...Cannot be said to be abnormal and throwing doubt on her version," the judge said. Because of her secret excursion with a male friend, she must have felt that she would be branded as promiscuous if the incident came to light, the high court said. "Minor discrepancies" such as delay in lodging the complaint does not weaken her case, the court said. The judge also held that a mere absence of injuries do not lead to the conclusion that there was no sexual assault.

Delay in lodging rape complaint doesn’t mean victim is lying: Bombay HC

bombay-hc

Bombay Hc, News on Bombay Hc, stories on Bombay Hc, articles on Bombay Hc, Bombay Hc stories at Wion, Bombay Hc news, Bombay Hc latest news

bombay hc