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When a terrorist organization like LeT is involved, which has already taken responsibility for various terror attacks in India, the tacit or active support to such an organization cannot be condoned in any manner.
The Court stated that the recovery of incriminating material recovered from the mobile phone of the appellant showing pro-ISIS material showed that the appellant is deeply influenced with the philosophy and ideology of the ISIS.
Justice Sandeep Mehta, formerly the Chief Justice of Gauhati High Court, took oath of office as Judge of Supreme Court of India on 9-11-2023 and will be retiring on 10-01-2028.
The Court held that NIA could investigate non-scheduled offence, or a person involved in a non-scheduled offence, provided there is a connection with the scheduled offence. This nexus between any other offence and the Scheduled Offence is of critical importance and must be present to enable the NIA to investigate any other offence committed by an accused in connection with the Scheduled Offence.
“The applicant [MK Nasar] has been undergoing incarceration, at the pre-conviction and post-conviction phases, for over 9 years. Furthermore, the fact that the accused facing the same allegations were earlier imposed a lesser term of imprisonment and have been released after having undergone the sentence is a factor that cannot be ignored.”
The Court took serious note of distortions in the chargesheet vis-a-vis attributing certain statements to the protected witness, which he did not make, stating that NIA owes an explanation, and the investigating machinery must be fair.
This was a case where the act of defamation took place in Jaipur, where certain allegations regarding the respondent’s association with Hizbul Mujahiddin were levelled by the counsel for the petitioner.
Supreme Court said that while we are holding that the requirement of an authorization or an empowerment is mandatory for conveying a complaint, it being at the conclusion of investigation, would not preclude the investigating agency from complying with it thereafter.
The Court noted that cognizance of the offence was not taken by the Trial Court as stipulated by Section 2(d) of the MCOCA, therefore, the accused persons could not be prosecuted on the charges of S. 3 MCOCA.
The Delhi High Court said that the impact of terrorist activities on society is profound and far-reaching, as these crimes can sow fear and insecurity among communities, as well as disrupt social harmony.
“National security is always of paramount importance and any act in aid to any terrorist act — violent or non-violent is liable to be restricted.”
The petition under Section 43D(2)(b) First proviso of UAPA Act seeking extension of remand order was filed by the respondents a day before the elapse of the 90- days period.
Calcutta High Court held that “any further delay in complying with the solemn directions would be absolutely contemptuous.”
Six first information reports were registered by the Police over the Ram Navami violence in the State of West Bengal.
Supreme Court also reiterated that the grant of sanction is nowhere contemplated under Section 167 of the CrPC.
The Supreme Court observed that this was not a case where Akhil Gogoi should be allowed to be detained in custody, especially after having secured an order of discharge, rightly or wrongly.”
NIA has not done an investigation with respect to the co-conspirators involved in planting gelatin sticks in the Scorpio vehicle. We hope and trust that NIA, in right earnest, will investigate this aspect since further investigation under Section 173(8) is pending.
While quoting “Can the blind lead the blind? Will they not fall into a pit?”, the Madras High Court said that the first blind person in this case is the Sessions Judge, who was guiding the Magistrate, who was also blind, due to ignorance of the legal position and ultimately, both fell in a pit, leading to illegal and non est orders passed by the Magistrate.
Ansad Badruddin and Firoz Khan, members of PFI were denied bail by Allahabad High Court, as various contraband articles were recovered from their possession, including a diary disclosing their aim and object of fighting against Hindu religious organisations and to promote the ideology of PFI.
Bombay High Court: While granting bail to the Bhima Koregaon accused, Dr. Anand Teltumbde, the Division Bench comprising Milind N.